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CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02A - ORGANIZATION OF ENVIRONMENTALMANAGEMENT COMMISSION
15A NCAC 02A .0101 NAME
History Note: Authority G.S. 143-215.3(a)(1);
Eff. February 1, 1976;
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.
15A NCAC 02A .0102 DEFINITIONS
The following definitions shall be used throughout this Subchapter:
(1) Commission -- shall mean the Environmental Management Commission;
(2) Secretary -- shall mean the Secretary, Department of Natural Resources and Community Development;
(3) Division -- shall mean the Division of environmental management, Department of Natural Resources and Community Development;
(4) Director -- shall mean the Director, Division of Environmental Management, Department of Natural Resources and Community Development;
(5) State -- shall mean the State of North Carolina.
History Note: Authority G.S. 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. December 15, 1978; November 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.
15A NCAC 02A .0103 GENERAL DUTIES AND POWERS
History Note: Authority G.S. 143-215.3(a)(1); 143B-282;
Eff. February 1, 1976;
Amended Eff. July 1, 1988;
Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.
15A NCAC 02A .0104 STRUCTURE
History Note: Authority G.S. 143-215.3(a)(1); 143B-283 to 143B-285;
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. July 1, 1988.
15A NCAC 02A .0105 DELEGATIONS OF AUTHORITY
(a) The N.C. Environmental Management Commission therefore resolves that:
(1) Whenever in these resolutions and rules there exists a delegation of authority to the Director, Office of Water and Air Resources (now the Division of Environmental Management), it shall become and read as a delegation of authority to the Secretary of the Department of Environment, Health, and Natural Resources to act on behalf of the N.C. Environmental Management Commission; and
(2) The Secretary of the Department of Environment, Health, and Natural Resources, in addition to the delegations mentioned in Paragraph (a)(1) of this Rule, is hereby delegated the authority to issue permits for the Environmental Management Commission as provided in N.C. General Statutes 143-215.1, 143-215.108, 143-215.109, 143-215.15, 143-215.28, and 87-88, and to approve the use of chemicals or other dispersants or treatment materials as provided in G.S. 143-215.84(a), and the Secretary or his delegate shall report all such issuances or approvals to the Commission; and
(3) The Secretary of the Department of Environment, Health, and Natural Resources may delegate such of these authorities to any qualified employee of the Department of Environment, Health, and Natural Resources upon a finding by the Secretary of necessity in order to effectively and efficiently administer and enforce the rules of the N.C. Environmental Management Commission.
(b) Power to Enter Operational Agreements. The Commission authorizes the Secretary, on behalf of the Commission, to enter into any future operational agreements among the Commission, the developer of a condominium project or projects, and the condominium homeowners' association. The purpose of the operational agreement is to provide for an orderly transfer of permits issued to condominium project developers by the Commission; to identify the party to whom the developer will transfer the permit; and to guarantee that transferee homeowners' associations will comply with conditions of permits issued developers.
(c) Therefore, the Environmental Management Commission hereby resolves that: The Secretary, Department of Environment, Health, and Natural Resources is authorized to:
(1) determine eligibility of applicants in accordance with Rule .0201, State Grants, found in Subchapter 2F of this Title;
(2) give public notice of each eligible application as required in Rule .0201, State Grants, found in Subchapter 2F of this Title;
(3) notify the applicant of the Commissions' recommended grant award as required in Rule .0201, State Grants, found in Subchapter 2F of this Title;
(4) notify the applicant of a determination by the Commission of failure to qualify for a grant award as required in Rule .0201, State Grants, found in Subchapter 2F of this Title;
(5) forward to the Department of Administration a Certificate of Eligibility for each grant award as required in Rule .0201, State Grants, found in Subchapter 2F of this Title;
(6) prepare and file the annual report as required in Rule .0201, State Grants, found in Subchapter 2F of this Title;
(7) redelegate any or all of the above duties to employees of the Division of Environmental Management.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; July 1, 1988; November 1, 1978;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.
15A NCAC 02A .0106 REDELEGATIONS FROM THE SECRETARY
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 143B-10;
Eff. February 1, 1976;
Amended Eff. December 4, 1978; September 3, 1976; July 28, 1976;
Repealed Eff. July 1, 1988.
15A NCAC 02A .0107 CREATION OF N.P.D.E.S. COMMITTEE
(a) The Chairman of the Commission shall appoint at least five members of the Commission to serve as the National Pollutant Discharge Elimination System (NPDES) Committee, to advise the Commission on matters related to that system.
(b) Appointees to the NPDES Committee shall be persons who do not receive, or during the previous 24 months have not received, a significant portion of their income directly or indirectly from NPDES permit holders or applicants for NPDES permits.
(c) For purposes of this Rule:
(1) The term "significant portion of their income" shall mean 10 percent of gross personal income for a calendar year, except that it shall mean 50 percent of gross personal income for a calendar year if the recipient is receiving such portion pursuant to retirement, pension, or similar arrangement, including other forms of income.
(2) The "NPDES permit holders or applicants for NPDES permits" shall not include any department or agency of a state government.
(3) The term "income" includes, but is not limited to, retirement benefits, consultant fees, and stock dividends.
(4) Income is not received "directly or indirectly form NPDES permit holders or applicants for NPDES permits" where it is derived from mutual-fund payments, or from other diversified investments for which the recipient cannot identify the primary sources of income.
History Note: Authority G.S. 143-215.3(a)(1); 143B-283;
Eff. February 1, 1976.
Amended Eff. October 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.
15A NCAC 02A .0108 REDELEGATION BY DIRECTOR: DIVISION OF ENVIRONMENTAL MGM'T
History Note: Authority G.S. 143B-10; 87-88; 143-215.1; 143-215.108;
Eff. December 11, 1978;
Amended Eff. June 18, 1979;
Repealed Eff. July 1, 1988.
SUBCHAPTER 02B - SURFACE WATER AND WETLAND STANDARDS
SECTION .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS
15A NCAC 02B .0101 GENERAL PROCEDURES
(a) The rules contained in Sections .0100, .0200 and .0300 of this Subchapter, which pertain to the series of classifications and water quality standards, shall be known as the "Classifications and Water Quality Standards Applicable to the Surface Waters and Wetlands of North Carolina."
(b) The Environmental Management Commission (hereinafter referred to as the Commission), prior to classifying and assigning standards of water quality to any waters of the State, shall proceed as follows:
(1) The Commission, or its designee, shall determine waters to be studied for the purpose of classification and assignment of water quality standards on the basis of user requests, petitions, or the identification of existing or attainable water uses, as defined by Rule .0202 of this Subchapter, not presently included in the water classification.
(2) In determining the best usage of waters and assigning classifications of such waters, the Commission shall consider the criteria specified in G.S. 143-214.1(d). In determining whether to revise a designated best usage for waters through a revision to the classifications, the Commission shall follow the requirements of 40 CFR 131.10 which is incorporated by reference including subsequent amendments and editions. A copy of the most current version of the requirements is available free of charge at .
(3) When revising the classification of waters, the Division shall collect water quality data within the watershed for those substances that require more stringent control than required by the existing classification. However, such sampling may be limited to only those parameters that are of concern. If the revision to classifications involves the removal of a designated use, the Division shall conduct a use attainability analysis as required by the provisions of 40 CFR 131.10.
(4) After studies of the identified waters to obtain the data and information required for determining the revised classification of the waters or segments of water are completed, the Commission, or its designee, shall make a decision on whether to initiate proceedings to modify the classifications and water quality standards of identified waters.
(5) In the case of a petition for classification and assignment of water quality standards according to the requirements of G.S. 150B-20 and 15A NCAC 02I .0500, the Director shall make a preliminary recommendation on the appropriate classifications and water quality standards of the identified waters on the basis of the study findings or information included in the petition supporting the classification and standards changes.
(6) The Commission shall make a decision on whether to grant or deny a petition in accordance with the provisions of G.S. 150B-20 and 15A NCAC 02I .0500 based on the information included in the petition and the recommendation of the Director.
(7) The chairman of the Commission shall give due notice of public hearings regarding water quality classifications or standards in accordance with the requirements of 40 CFR 131.20, 40 CFR 25.5, G.S. 143-214.1 and G.S. 150B-21.2 and shall appoint a hearing officer(s) in consultation with the Director.
(8) After completion of a public hearing regarding water quality classifications or standards, the hearing officer(s) shall submit a report of the proceedings of the hearing to the Commission. The hearing officer(s) shall include in the report a transcript or summary of testimony presented at such public hearing, exhibits, a summary of information from the stream studies conducted by the technical staff of the Commission, and final recommendations as to classification of the designated waters and the standards of water quality and best management practices to be applied to the classifications recommended.
(9) The Commission shall consider the provisions of G.S. 143-214.1, the hearing record(s), and final recommendation(s) of the hearing officer(s) before taking final action with respect to the assignment of classifications and any applicable standards or best management practices applicable as rule(s) to the waters under consideration.
(10) The final action of the Commission with respect to the assignment of classification with its accompanying standards and best management practices shall contain the Commission's conclusions relative to the various factors in G.S. 143-214.1(d) and shall include the class or classes to which such designated waters in the watershed or watersheds shall be assigned on the basis of best usage in the interest of the public.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0102 USE OF CLASSIFICATIONS AND WATER QUALITY STANDARDS
History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. January 1, 1985.
15A NCAC 02B .0103 ANALYTICAL PROCEDURES
(a) Chemical/Physical Procedures. Tests or analytical procedures to determine conformity with standards shall, insofar as practicable and applicable, conform to the guidelines by the U.S. Environmental Protection Agency (EPA) codified as 40 CFR, Part 136, which are hereby incorporated by reference including subsequent amendments and editions. A copy of the most current version of 40 CFR Part 136 is available free of charge at . Methods not codified by 40 CFR, Part 136 shall, insofar as practicable and applicable, conform to the American Public Health Association (APHA), American Water Works Association (AWWA), and Water Environment Federation (WEF) publication "Standard Methods for the Examination of Water and Wastewater" (20th edition), which is incorporated by reference, including subsequent amendments and editions. The 20th edition is available for inspection at the Department of Environmental Quality, Division of Water Resources, 512 North Salisbury Street, Raleigh, North Carolina 27604-1170. A print copy of the most current edition of "Standard Methods for the Examination of Water and Wastewater" is available for purchase at a cost of three hundred and ninety-five dollars ($395.00) from the following places: APHA, 800 I Street NW, Washington, DC 20001; AWWA, 6666 W. Quincy Avenue, Denver, CO 80235; or WEF, 601 Wythe Street, Alexandria, VA 22314.
(b) Biological Procedures. Biological tests to determine conformity with standards shall be based on methods published by the EPA as codified as 40 CFR, Part 136, which are incorporated by reference including subsequent amendments and editions. A copy of the most current version of 40 CFR Part 136 is available free of charge at .
(c) Wetland Evaluation Procedures. Evaluations of wetlands for the presence of existing uses shall be based on procedures approved by the Director. The Director shall approve wetland evaluation procedures that have been demonstrated to produce verifiable and repeatable results and that have widespread acceptance in the scientific community. Copies of approved methods or guidance may be obtained at no cost by submitting a written request to NCDWR, Wetlands Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1, 1989; January 1, 1985; September 9, 1979;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2020.
15A NCAC 02B .0104 CONSIDERATIONS/ASSIGNING/IMPLEMENTING WATER SUPPLY CLASSIFICATIONS
(a) In determining the suitability of waters for use as a source of water supply for drinking, culinary, or food processing purposes after approved treatment, the Commission shall consider the physical, chemical, and bacteriological maximum contaminant levels specified by U.S. Environmental Protection Agency regulations adopted pursuant to the Public Health Service Act, 42 U.S.C. 201 et seq., as amended by the Safe Drinking Water Act, 42 U.S.C. 300(f) et seq. In addition, the Commission shall be guided by the requirements for unfiltered and filtered water supplies and the maximum contaminant levels specified in 15A NCAC 18C .1100, .1200 and .1500, which are incorporated by reference including subsequent amendments and editions.
(b) All waters used for water supply purposes or intended for future water supply use shall be classified to the most appropriate water supply classification as determined by the Commission in accordance with Sections .0100 and .0200 of this Subchapter. A more protective water supply classification may be applied to existing water supply watersheds after receipt of a resolution from all local governments having land use jurisdiction within the designated water supply watershed requesting a more protective water supply classification. Requests for reclassification of non-water supply segments and watersheds to a water supply classification shall include submittal to the Commission of resolutions from all local governments having land use jurisdiction within the proposed water supply watershed for which a water supply classification is being requested, provided that the Commission may reclassify waters without the consent of local governments if the Commission deems such reclassifications appropriate and necessary in accordance with Rule .0101 of this Section. Local governments requesting water supply reclassifications shall provide a topographic map (such as a 1:24,000 scale USGS map) indicating the normal pool elevation for backwaters of water supply reservoirs, longitude and latitude coordinates of intended water supply intakes, and critical areas and other watershed boundaries as appropriate.
(c) In considering the reclassification of waters for water supply purposes, the Commission shall take into consideration the risks posed by pollutants and the relative proximity, quantity, composition, natural dilution, and diminution of potential sources of pollution.
(d) The water supply watershed protection requirements of Rules .0620 through .0624 of this Subchapter and G.S. 143-214.5 that are applicable to State agencies and units of local government with land use authority in water supply watersheds that were classified as such on or before August 3, 1992, shall be effective no later than:
(1) August 3, 1992 - Activities administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES wastewater discharges, and land application of sludge/residuals, and road construction activities;
(2) July 1, 1993 - Municipalities with a population greater than 5,000;
(3) October 1, 1993 - Municipalities with a population less than 5,000; and
(4) January 1, 1994 - County governments and other units of local government, as applicable.
(e) The water supply watershed protection requirements of Rules .0620 through .0624 of this Subchapter and G.S. 143-214.5 that are applicable to State agencies and units of local government with land use authority in water supply watersheds that were classified as such after August 3, 1992, shall be effective no later than:
(1) for activities administered by the State of North Carolina, such as the issuance of permits for landfills, NPDES wastewater dischargers, and land application of sludge or residuals, and road construction activities, the date the reclassification became effective; and
(2) for local governments, the date the local watershed ordinance was adopted or revised to reflect the reclassification, but no later than 270 days after receiving notice of a reclassification from the Commission.
(f) Discharge from groundwater remediation projects addressing water quality problems shall be allowed if an engineering alternatives analysis submitted for approval in accordance with 15A NCAC 02H .0105(c) demonstrates that no practicable alternative exists to such a discharge. Such discharges shall meet applicable requirements of Rules .0212 through .0218 of this Subchapter.
(g) For previously unknown existing unpermitted wastewater discharges to surface water, an engineering alternatives analysis shall be submitted for approval in accordance with 15A NCAC 02H .0105(c). If the analysis finds that no practicable alternative exists to surface water discharges, such discharges shall meet the "Minimum treatment requirements" as defined in Rule .0403 of this Subchapter.
(h) A more protective classification may be allowed by the Commission although minor occurrences of nonconforming activities are present prior to reclassification. When the Commission allows a more protective classification, expansions of existing wastewater discharges that otherwise would have been prohibited may be allowed if there is no increase in permitted pollutant loading. Other discharges of treated wastewater existing at the time of reclassification may be required to meet more stringent effluent limitations in accordance with Section .0400 of this Subchapter. Consideration of all practicable alternatives to surface water discharge shall be documented.
(i) Animal operations deemed permitted, as defined in 15A NCAC 02T .0103, and permitted under 15A NCAC 02T .1300 are allowed in all classified water supply watersheds.
(j) Local government water supply watershed ordinances for water supply classified watersheds shall be implemented in accordance with Rules .0620 through .0624 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; August 3, 1992; March 1, 1991; October 1, 1989;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0105 DETERMINATION OF SAFETY OR SUITABILITY: CLASS A-II WATERS
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 1985; September 9, 1979;
Repealed Eff. February 1, 1986.
15A NCAC 02B .0106 CONSIDERATIONS/ASSIGNING CLASSIFICATIONS FOR PRIMARY RECREATION
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979;
Repealed Eff. November 1, 2019.
15A NCAC 02B .0107 DEFINITION OF REGULATIONS: CLASSIFICATIONS: AND STANDARDS
History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. January 1, 1985.
15A NCAC 02B .0108 CONSIDERATIONS IN ASSIGNING THE SHELLFISHING AREA CLASSIFICATION
History Note: Authority G.S. 143-214.1;
Eff. January 1, 1985;
Amended Eff. October 1, 1989;
Repealed Eff. November 1, 2019.
15A NCAC 02B .0109 WATERS AFFECTED BY DREDGE AND FILL ACTIVITIES
History Note: Authority G.S. 143-214.1;
Eff. October 1, 1989;
Repealed Eff. October 1, 1996.
15A NCAC 02B .0110 CONSIDERATIONS FOR FEDERALLY-LISTED THREATENED OR ENDANGERED AQUATIC SPECIES
Certain waters provide habitat for federally-listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisheries Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544 and subsequent modifications. Maintenance and recovery of the water quality conditions required to sustain and recover federally-listed threatened and endangered aquatic animal species contributes to the support and maintenance of a balanced and indigenous community of aquatic organisms and thereby protects the biological integrity of the waters. Rules .0225 and .0227 of this Subchapter shall apply to the development of site-specific strategies to maintain or recover the water quality conditions required to sustain and recover federally-listed threatened or endangered aquatic animal species. Nothing in this Rule shall prevent the Division or Commission from taking other actions within its authority to maintain and restore the quality of these waters.
History Note: Authority G. S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. August 1, 2000;
Readopted Eff. November 1, 2019.
SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA
15A NCAC 02B .0201 ANTIDEGRADATION POLICY
(a) The requirements for the antidegradation policy and implementation methods in 40 CFR 131.12 are incorporated by reference including subsequent amendments and editions. This material is available for inspection at the Department of Environmental Quality, Division of Water Resources, 512 North Salisbury Street, Raleigh, North Carolina, 27604-1170. A copy of the most current version of 40 CFR 131.12 is available free of charge at . These requirements shall be implemented in North Carolina as set forth in this Rule.
(b) The Commission shall protect existing uses, as defined by Rule .0202 of this Section, and the water quality to protect such uses by classifying surface waters and having standards sufficient to protect these uses. In cases where the Commission or its designee determines that an existing use is not included in the classification of waters in accordance with Rule .0101(b)(1) of this Subchapter, a project that affects these waters shall not be permitted unless the existing uses are protected.
(c) The Commission shall consider the present and anticipated usage of waters with quality higher than the standards, including any uses not specified by the assigned classification (such as outstanding national resource waters or waters of exceptional water quality), and shall not allow degradation of the quality of waters with quality higher than the standards below the water quality necessary to maintain existing and anticipated uses of those waters. Waters with quality higher than the standards are defined by Rule .0202 of this Section. The following procedures shall be implemented in order to meet the requirements of this Rule:
(1) Each applicant for an National Pollutant Discharge Elimination System (NPDES) permit or NPDES permit expansion to discharge treated waste shall document non-discharge alternatives considered pursuant to 15A NCAC 02H .0105(c)(2).
(2) Public Notices for NPDES permits shall list parameters that would be water quality limited and state whether the discharge will use the entire available load capacity of the receiving waters and may, as a result, cause more stringent water quality based effluent limitations to be established for dischargers downstream.
(3) The Division may require supplemental documentation from an affected local government to show that a proposed project or parts of the project are necessary for important economic and social development under 40 CFR 131.12.
(4) Local governments shall have the option to work with the Commission and Division to identify and develop management strategies or classifications for waters with unused pollutant loading capacity to accommodate future economic growth.
Waters with quality higher than the standards shall be identified by the Division on a case-by-case basis through the NPDES permitting and waste load allocation processes, pursuant to the provisions of 15A NCAC 02H .0100. Dischargers affected by the requirements of this Paragraph and the public at large shall be notified according to the provisions described herein and all other appropriate provisions pursuant to 15A NCAC 02H .0109. If an applicant objects to the requirements to protect waters with quality higher than the standards and believes degradation is necessary to accommodate important social and economic development, the applicant may contest these requirements according to the provisions of G.S. 143-215.1(e) and 150B-23.
(d) The Commission shall consider the present and anticipated uses of High Quality Waters (HQW), including any uses not specified by the assigned classification (such as outstanding national resource waters or waters of exceptional water quality) and shall not allow degradation of the quality of High Quality Waters below the water quality necessary to maintain existing and anticipated uses of those waters pursuant to Rule .0224 of this Section.
(e) The water quality of waters classified as Outstanding Resource Waters (ORW), as described in Rule .0225 of this Section, shall be maintained such that existing uses, including the outstanding resource values of said Outstanding Resource Waters, are maintained and protected.
(f) Activities regulated under Section 404 of the federal Clean Water Act 33 U.S.C. 1344 that require a water quality certification as described in Section 401 of the federal Clean Water Act 33 U.S.C. 1341 shall be evaluated according to the procedures outlined in 15A NCAC 02H .0500. Activities that receive a water quality certification pursuant to the procedures in 15A NCAC 02H .0500 shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 02H .0506(c)(1) through (5) in determining the potential impact of the proposed activity on the existing uses of the wetland as described in Rule .0231(a) of this Section.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1995; August 1, 1995; February 1, 1993; April 1, 1991; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. October 1, 1996;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0202 DEFINITIONS
The definition of any word or phrase used in this Section shall be the same as given in G.S. 143, Article 21. The following words and phrases shall be defined as follows:
(1) "Acute toxicity to aquatic life" means lethality or other harmful effects sustained by either resident aquatic populations or indicator species used as test organisms in a controlled toxicity test due to a short-term exposure (relative to the life cycle of the organism) of 96 hours or less to a specific chemical or mixture of chemicals (as in an effluent). Acute toxicity shall be determined using the following procedures:
(a) for specific chemical constituents or compounds, acceptable levels shall be equivalent to a concentration of one-half or less of the Final Acute Value (FAV) as determined according to "Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Life and its Uses" published by the Environmental Protection Agency and referenced in the Federal Register (50 FR 30784, July 29, 1985) which is incorporated by reference including subsequent amendments and editions.
(b) for specific chemical constituents or compounds for which values described under Sub-Item (a) of this Item cannot be determined, acceptable levels shall be equivalent to a concentration of one-third or less of the lowest available LC50 value.
(c) for effluents, acceptable levels shall be defined as no statistically measurable lethality (99 percent confidence level using Student's t-test) during a specified exposure period. Concentrations of exposure shall be based on permit requirements and procedures in accordance with 15A NCAC 02H .1110.
(d) in instances where detailed dose response data indicate that levels of acute toxicity are different from those defined in this Rule, the Director may determine on a case-by-case basis an alternate acceptable level through statistical analyses of the dose response in accordance with 15A NCAC 02H .1110.
(2) "Acute to Chronic Ratio" or "ACR" means the ratio of acute toxicity expressed as an LC50 for a specific toxicant or an effluent to the chronic value for the same toxicant or effluent.
(3) "Agricultural uses" means the use of waters for stock watering, irrigation, and other farm purposes.
(4) "Applicator" means any person, firm, corporation, wholesaler, retailer, or distributor; any local, State, or federal governmental agency; or any other person who applies fertilizer to the land of a consumer or client or to land that they own, lease, or otherwise hold rights.
(5) "Approved treatment," as applied to water supplies, means treatment approved by the Division in accordance with 15A NCAC 18C .0301 through .0309, as authorized by G.S. 130A-315 and G.S. 130A-317.
(6) "Attainable water uses" means uses that can be achieved by the imposition of effluent limits and cost effective and reasonable best management practices (BMP) for nonpoint source control.
(7) "Available cyanide" means inorganic cyanides that are free (HCN and CN-) and metal-cyanide complexes that are dissociated into free cyanide ions under mildly acidic conditions (pH 3 to 6).
(8) "Average" means the arithmetical average of the analytical results of all representative samples taken under prevailing environmental conditions during a specified period (for example: daily, weekly, or monthly).
(9) "Best Management Practice" or "BMP" means a structural or nonstructural management-based practice used singularly or in combination to reduce point source or nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
(10) "Best usage" or "Best use" of waters, as specified for each class, means those uses as determined by the Environmental Management Commission in accordance with the provisions of G.S. 143-214.1.
(11) "Bioaccumulation factor" or "BAF" means a unitless value that describes the degree to which substances are taken up or accumulated into tissues of aquatic organisms from water directly and from food or other ingested materials containing the accumulated substances, and is measured as a ratio of a substance's concentration in tissue versus its concentration in water in situations where exposure to the substance occurs from both water and the food chain.
(12) "Bioconcentration factor" or "BCF" means a unitless value that describes the degree to which substances are absorbed or concentrated into tissues of aquatic organisms from water directly and is measured as a ratio of substance's concentration in tissue versus its concentration in water in situations where exposure to the substance occurs from water only.
(13) "Biological integrity" means the ability of an aquatic ecosystem to support and maintain a balanced and indigenous community of organisms having species composition, diversity, population densities, and functional organization similar to that of reference conditions.
(14) "Buffer" means a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.
(15) "Chronic toxicity to aquatic life" means any harmful effect sustained by either resident aquatic populations or indicator species used as test organisms in a controlled toxicity test due to long-term exposure (relative to the life cycle of the organism) or exposure during a substantial portion of the duration of a sensitive period of the life cycle to a specific chemical substance or mixture of chemicals (as in an effluent). In absence of extended periods of exposure, early life stage or reproductive toxicity tests may be used to define chronic impacts.
(16) "Chronic value for aquatic life" means the geometric mean of two concentrations identified in a controlled toxicity test as the No Observable Effect Concentration (NOEC) and the Lowest Observable Effect Concentration (LOEC).
(17) "Commercial applicator" means any person, firm, corporation, wholesaler, retailer, distributor, or any other person who for hire or compensation applies fertilizer to the land of a consumer or client.
(18) "Concentration" means the mass of a substance per volume of water and, for the purposes of this Section, shall be expressed as milligrams per liter (mg/l), micrograms per liter (ug/l), or nanograms per liter (ng/l).
(19) "Contiguous" means those wetlands landward of the mean high water line or normal water level and within 575 feet of classified surface waters that appear as solid blue lines on the most recently published versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps, which are available at no cost at .
(20) "Critical area" means the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than risk associated with pollution from the remaining portions of the watershed. The boundary of a critical area is defined as:
(a) extending either 1/2 mile in a straight line fashion upstream from and draining to the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed, whichever is nearest the normal pool elevation of the reservoir;
(b) extending either 1/2 mile in a straight line fashion upstream from and draining to the intake (or other appropriate downstream location associated with the water supply) located directly in the stream or river (run-of-the-river) or to the ridge line of the watershed, whichever is nearest the intake; or
(c) extending a different distance from the reservoir or intake as adopted by the Commission during the reclassification process pursuant to Rule .0104 of this Subchapter.
Since WS-I watersheds are essentially undeveloped, establishment of a critical area is not required.
(21) "Cropland" means agricultural land that is not covered by a certified animal waste management plan and is used for growing corn, grains, oilseed crops, cotton, forages, tobacco, beans, or other vegetables or fruits.
(22) "Designated Nonpoint Source Agency" means an agency specified by the Governor in the North Carolina Nonpoint Source Management Program, as approved by the Environmental Protection Agency pursuant to the 1987 amendments to the federal Clean Water Act 33 U.S.C. 1329 that established Section 319 Nonpoint source management programs.
(23) "Director" means the Director of the Division.
(24) "Discharge" means the addition of any man-induced waste effluent either directly or indirectly to State surface waters.
(25) "Division" means the Division of Water Resources or its successors.
(26) "Domestic wastewater discharge" means the discharge of sewage, non-process industrial wastewater, other domestic wastewater, or any combination of these items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water using fixtures and appliances from any residence, place of business, or place of public assembly, even if it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water, seafood packing facility discharges, and wastewater from restaurants.
(27) "Effluent channel" means a discernable confined and discrete conveyance that is used for transporting treated wastewater to a receiving stream or other body of water, as provided in Rule .0228 of this Section.
(28) "Existing uses" mean uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards.
(29) "Fertilizer" means any substance containing nitrogen or phosphorus that is used primarily as plant food.
(30) "Fishing" means the taking of fish by recreational or commercial methods, the consumption of fish or shellfish, the propagation of fish, or the propagation of other aquatic life as is necessary to protect the biological integrity of the environment for fish.
(31) "Forest vegetation" means the plants of an area that grow in disturbed or undisturbed conditions in wooded plant communities in any combination of trees, saplings, shrubs, vines, and herbaceous plants, including mature and successional forests and cutover stands.
(32) "Freshwater" means all waters that under natural conditions have a chloride ion content of 500 mg/l or less.
(33) "Industrial discharge" means the discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes:
(a) wastewater resulting from any process of industry or manufacture or from the development of any natural resource;
(b) wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; and
(c) for the purpose of prohibiting discharges to waters classified as Water Supply (WS) in accordance with Rules .0212, .0214, .0215, .0216, and .0218 of this Section, wastewater discharged from a municipal wastewater treatment plant required to administer a pretreatment program pursuant to 15A NCAC 02H .0904.
(34) "Land-disturbing activity" means any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.
(35) "LC50" means that concentration of a toxic substance that is lethal or immobilizing to 50 percent of the sensitive aquatic toxicity testing species tested during a specified exposure period, as required by NPDES permit, under aquatic conditions characteristic of the receiving waters. Sensitive species for aquatic toxicity testing is defined by Subparagraph (50) of this Rule.
(36) "Lentic" means an aquatic ecosystem with standing or slow flowing water such as a lake, pond, or reservoir.
(37) "Local government" means a city or county in singular or plural as defined in G.S. 160A-1(2) and G.S. 158A-10.
(38) "Lotic" means an aquatic ecosystem with rapidly flowing water such as a stream or river.
(39) "Lower piedmont and coastal plain waters" means those waters of the Catawba River Basin below Lookout Shoals Dam; the Yadkin River Basin below the junction of the Forsyth, Yadkin, and Davie County lines; and all of the waters of Cape Fear, Lumber, Roanoke, Neuse, Tar-Pamlico, Chowan, Pasquotank, and White Oak River Basins; except tidal salt waters which are assigned S classifications.
(40) "MF" means the membrane filter procedure for bacteriological analysis.
(41) "Mixing zone" means a region of the receiving water in the vicinity of a discharge within which dispersion and dilution of constituents in the discharge occurs. Zones shall be subject to conditions established in accordance with Rule .0204(b) of this Section.
(42) "Mountain and upper piedmont waters" means all of the waters of the Hiwassee; Little Tennessee, including the Savannah River drainage area; French Broad; Broad; New; and Watauga River Basins; and those portions of the Catawba River Basin above Lookout Shoals Dam and the Yadkin River Basin above the junction of the Forsyth, Yadkin, and Davie County lines.
(43) "Nonpoint source pollution" means pollution that enters waters mainly as a result of precipitation and subsequent runoff from lands that have been disturbed by man's activities and includes all sources of water pollution that are not required to have a permit in accordance with G.S. 143-215.1(c).
(44) "Non-process discharge" means industrial effluent not directly resulting from the manufacturing process. An example is non-contact cooling water from a compressor.
(45) "Offensive condition" means any condition or conditions resulting from the presence of sewage, industrial wastes, or other wastes within the waters of the State or along the shorelines thereof that shall either directly or indirectly cause foul or noxious odors, unsightly conditions, or breeding of abnormally large quantities of mosquitoes or other insect pests; damage private or public water supplies or other structures; result in the development of gases which destroy or damage surrounding property, herbage, or grasses; cause the impairment of taste such as from fish flesh tainting; or affect the health of any person residing or working in the area.
(46) "Primary contact recreation" means swimming, diving, skiing, and similar uses involving human body contact with water where such activities take place in an organized or on a frequent basis.
(47) "Primary nursery area" or "PNA" means tidal saltwaters that provide essential habitat for the early development of commercially important fish and shellfish and are so designated by the Marine Fisheries Commission.
(48) "Protected area" means the area adjoining and upstream of the critical area in a WS-IV water supply in which protection measures are required. The boundary of a protected area is defined as:
(a) extending either five miles in an as-the-river-runs manner upstream from and draining to the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed, whichever is nearest the normal pool elevation of the reservoir;
(b) extending either 10 miles in an as-the-river-runs manner upstream from and draining to the intake located directly in the stream or river run-of-the-river or to the ridge line of the watershed, whichever is nearest the intake. In some cases the protected area shall encompass the entire watershed; or
(c) extending a different distance from the reservoir or intake as adopted by the Commission during the reclassification process pursuant to Rule .0104 of this Subchapter.
(49) "Residential development" means buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, and gazebos.
(50) "Residuals" has the same meaning as in 15A NCAC 02T .0103.
(51) "Riparian area" means an area that is adjacent to a body of water.
(52) "Secondary contact recreation" means wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis.
(53) "Sensitive species for aquatic toxicity testing" means any species utilized in procedures accepted by the Commission or its designee in accordance with Rule .0103 of this Subchapter, and the following genera:
(a) Arbacia;
(b) Ceriodaphnia;
(c) Champia;
(d) Chironomus;
(e) Cyprinodon;
(f) Daphnia;
(g) Hyalella;
(h) Lumbriculus;
(i) Menidia;
(j) Mysidopsis;
(k) Notropis;
(l) Oncorhynchus;
(m) Penaeus;
(n) Pimephales;
(o) Salmo;
(p) Salvelinus;
(q) Selenastrum.
(54) "Shellfish culture" means the use of waters for the propagation, storage, and gathering of oysters, clams, and other shellfish for market purposes.
(55) "Swamp waters" means those waters that are classified as such by the Environmental Management Commission, pursuant to Rule .0101 of this Subchapter, and that have natural characteristics due to topography, such as low velocity, dissolved oxygen, or pH, that are different from streams draining steeper topography.
(56) "Tidal salt waters" means all waters that have a natural chloride ion content in excess of 500 parts per million.
(57) "Toxic substance" or "Toxicant" means any substance or combination of substances (including disease-causing agents) that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their offspring.
(58) "Trout waters" means those waters that are classified as such by the Environmental Management Commission, pursuant to Rule .0101 of this Subchapter, and have conditions that sustain and allow for natural trout propagation and survival and for year-round maintenance of stocked trout.
(59) "Water dependent structures" means those structures that require access or proximity to or siting within surface waters to fulfill its purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.
(60) "Water quality based effluent limits (or limitations) and management practices" mean limits and practices developed by the Division to protect water quality standards and best uses of surface waters, consistent with the requirements of G.S. 143-214.1 and the federal Water Pollution Control Act, as amended.
(61) "Waters with quality higher than the standards" means waters that the Director determines (pursuant to Rule .0206 of this Section) have the capacity to receive additional pollutant loading and continue to meet applicable water quality standards.
(62) "Watershed" means a natural area of drainage, including all tributaries contributing to the supply of at least one major waterway within the State, the specific limits of each separate watershed to be designated by the Commission as defined by G.S. 143-213(21).
(63) "WER" or "Water effect ratio" expresses the difference between the measures of the toxicity of a substance in laboratory waters and the toxicity in site water.
(64) "Wetlands" are "waters" as defined by G.S. 143-212(6) that are inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, which is hereby incorporated by reference, not including subsequent amendments and editions, and is available free of charge at .
History Note: Authority G.S. 143-213; 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of authority and ambiguity;
Amended Eff. August 1, 1998; October 1, 1996;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2022.
15A NCAC 02B .0203 PROTECTION OF WATERS DOWNSTREAM OF RECEIVING WATERS
Water quality based effluent limitations and management practices for direct or indirect discharges of waste or for other sources of water pollution shall be developed by the Division such that the water quality standards and best usage of receiving waters and all downstream waters will not be impaired.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0204 LOCATION OF SAMPLING SITES AND MIXING ZONES
(a) In conducting tests or making analytical determinations of classified waters to determine whether they conform with the water quality standards established in accordance with this Subchapter, samples shall be collected outside of mixing zones. However, if required by NPDES permit, samples shall be collected within the mixing zone in order to ensure compliance with in-zone water quality requirements as outlined in Paragraph (b) of this Rule.
(b) A mixing zone may be established in the area of a discharge in order to provide opportunity for the mixture of the wastewater with the receiving waters. Water quality standards shall not apply within regions designated as mixing zones, except that such zones shall be subject to the conditions established in accordance with this Rule. The need for and limits of such mixing zones shall be determined by the Division on a case-by-case basis after consideration of the magnitude and character of the waste discharge and the size and character of the receiving waters. Mixing zones shall be designated such that discharges will not:
(1) result in acute toxicity to aquatic life, defined in Rule .0202(1) of this Section, or prevent free passage of aquatic organisms around the mixing zone;
(2) result in offensive conditions;
(3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the assigned mixing zone; or
(4) endanger the public health or welfare.
In addition, a mixing zone shall not be designated for point source discharges of fecal coliform organisms in waters classified "WS-II," "WS-III," "B," or "SA," as defined in Rule .0301 of this Subchapter. Mixing zones shall not be designated for point source discharges of enterococci in waters classified "SB" or "SA," as defined in Rule .0301 of this Subchapter. For the discharge of heated wastewater, compliance with federal rules and regulations pursuant to Section 316(a) of the Clean Water Act, as amended, shall constitute compliance with Paragraph (b) of this Rule.
History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Amended Eff. May 1, 2007; October 1, 1989; February 1, 1986; September 9, 1979;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0205 NATURAL CHARACTERISTICS OUTSIDE STANDARDS LIMITS
Natural waters may on occasion, or temporarily, have characteristics outside of the normal range established by the water quality standards in this Subchapter. The adopted water quality standards relate to the condition of waters as affected by the discharge of sewage, industrial wastes, or other wastes including those from nonpoint sources and other sources of water pollution. Water quality standards shall not be considered violated if values outside the normal range are caused by natural conditions. If wastes are discharged to such waters, the discharger shall not be deemed a contributor to substandard conditions if maximum treatment in compliance with permit requirements is maintained and, therefore, meeting the established limits is beyond the discharger's control.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0206 FLOW DESIGN CRITERIA FOR EFFLUENT LIMITATIONS
(a) Water quality based effluent limitations shall be developed to allow appropriate frequency and duration of deviations from water quality standards so that the designated uses of receiving waters are protected. There are water quality standards for a number of categories of pollutants and to protect a range of water uses. For this reason, the appropriate frequency and duration of deviations from water quality standards shall not be the same for all pollutants. A flow design criterion shall be used in the development of water quality based effluent limitations as a simplified means of estimating the acceptable frequency and duration of deviations. Effluent limitations shall be developed using the following flow design criteria:
(1) All standards except toxic substances and aesthetics shall be protected using the minimum average flow for a period of seven consecutive days that has an average recurrence of once in ten years (7Q10 flow). Other governing flow strategies, such as varying discharges with the receiving waters ability to assimilate wastes, may be designated by the Commission or its designee on a case-by-case basis if the discharger or permit applicant provides evidence that establishes that the alternative flow strategies will give equal or better protection for the water quality standards. "Better protection for the water quality standards" means that deviations from the standard would be expected less frequently than provided by using the 7Q10 flow.
(2) Toxic substance standards to protect aquatic life from chronic toxicity shall be protected using the 7Q10 flow.
(3) Toxic substance standards to protect aquatic life from acute toxicity shall be protected using the 1Q10 flow.
(4) Toxic substance standards to protect human health shall be the following:
(A) The 7Q10 flow for standards to protect human health through the consumption of water, fish, and shellfish from noncarcinogens; and
(B) The mean annual flow to protect human health from carcinogens through the consumption of water, fish, and shellfish unless site specific fish contamination concerns necessitate the use of an alternative design flow;
(5) Aesthetic quality shall be protected using the minimum average flow for a period of 30 consecutive days that has an average recurrence of once in two years (30Q2 flow).
More complex modeling techniques may also be used to set effluent limitations directly based on frequency and duration criteria published by the U.S. Environmental Protection Agency, available free of charge at and incorporated by reference, including subsequent amendments and editions, and the Commission or its designee has determined, on a case-by-case basis, that the techniques will protect the designated uses of receiving waters.
(b) If the stream flow is regulated, a minimum daily low flow may be used as a substitute for the 7Q10 flow, except in cases where there are acute toxicity concerns for aquatic life. In the cases where there are acute toxicity concerns, an alternative low flow, such as the instantaneous minimum release, shall be approved if the Director determines, on a case-by-case basis, that the designated uses of receiving waters are protected.
(c) Flow design criteria shall be used to develop water quality based effluent limitations and in the design of wastewater treatment facilities. Deviations from a specific water quality standard resulting from discharges that are demonstrated to be in compliance with water quality based effluent limitations for that standard shall not be a violation pursuant to G.S. 143-215.6 when the actual stream flow is less than the design flow.
(d) If the 7Q10 flow of the receiving stream is estimated to be zero, water quality based effluent limitations shall be assigned as follows:
(1) If the 30Q2 flow is estimated to be greater than zero, effluent limitations for new or expanded (additional) discharges of oxygen consuming waste shall be set at BOD5= 5 mg/l, NH3-N = 2 mg/l and DO = 6 mg/l, unless it is determined by the Director through modeling or other analysis that these limitations will not protect water quality standards. Requirements for existing discharges shall be determined on a case-by-case basis by the Director. More stringent limits shall be applied if violations of water quality standards are predicted to occur for a new or expanded discharge with the limits set pursuant to this Rule or if existing limits are determined to be inadequate to protect water quality standards.
(2) If the 30Q2 and 7Q10 flows are both estimated to be zero, no new or expanded discharge of oxygen consuming waste shall be allowed. Requirements for existing discharges to streams where the 30Q2 and 7Q10 flows are both estimated to be zero shall be determined on a case-by-case basis.
(3) Other water quality standards shall be protected by requiring the discharge to meet the standards set forth in this Subchapter, unless the Director determines that alternative limitations protect the classified water uses.
(e) Receiving water flow statistics shall be estimated through consultation with the U.S. Geological Survey. Estimates for any given location may be based on actual flow data, modeling analyses, or other methods determined to be appropriate by the Commission or its designee.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; February 1, 1993; October 1, 1989; August 1, 1985; January 1, 1985;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0207 MINIMUM ACCEPTABLE DEGREE OF TREATMENT
History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. September 9, 1979.
15a ncac 02b .0208 STANDARDS FOR TOXIC SUBSTANCES AND TEMPERATURE
(a) Toxic Substances: the concentration of toxic substances, either alone or in combination with other wastes, in surface waters shall not render waters injurious to aquatic life or wildlife, recreational activities, or public health, nor shall it impair the waters for any designated uses. Specific standards for toxic substances to protect freshwater and tidal saltwater uses are listed in Rules .0211 and .0220 of this Section, respectively. The narrative standard for toxic substances and numerical standards applicable to all waters shall be interpreted as follows:
(1) The concentration of toxic substances shall not result in chronic toxicity to aquatic life. Any levels in excess of the chronic value for aquatic life shall be considered to result in chronic toxicity. In the absence of direct measurements of chronic toxicity, the concentration of toxic substances shall not exceed the concentration specified by the fraction of the lowest LC50 value that predicts a no effect chronic level as determined by the use of an acceptable Acute to Chronic Ratio (ACR) in accordance with U.S. Environmental Protection Agency (EPA) "Guidelines for Deriving Numerical Water Quality Criteria for the Protection of Aquatic Life and its Uses." In the absence of an ACR, that toxic substance shall not exceed one-one hundredth (0.01) of the lowest LC50 or, if it is demonstrated that a toxic substance has a half-life of less than 96 hours, the maximum concentration shall not exceed one-twentieth (0.05) of the lowest LC50.
(2) The concentration of toxic substances shall not exceed the level necessary to protect human health through exposure routes of fish tissue consumption, water consumption, recreation, or other route identified for the water body. Fish tissue consumption shall include the consumption of shellfish. These concentrations of toxic substances shall be determined as follows:
(A) For non-carcinogens, these concentrations shall be determined using a Reference Dose (RfD) as published by the EPA pursuant to Section 304(a) of the Federal Water Pollution Control Act as amended, a RfD issued by the EPA as listed in the Integrated Risk Information System (IRIS) file, or a RfD approved by the Director after consultation with the State Health director. Water quality standards or criteria used to calculate water quality based effluent limitations to protect human health through the different exposure routes shall be determined as follows:
(i) Fish tissue consumption:
WQS = (RfD x RSC) x Body Weight / (FCR x BCF)
where:
WQS = water quality standard or criteria;
RfD = reference dose;
RSC = Relative Source Contribution;
FCR = fish consumption rate (based upon 17.5 gm/person-day);
BCF = bioconcentration factor or bioaccumulation factor (BAF), as appropriate.
Pursuant to Section 304(a) of the Federal Water Pollution Control Act as amended, BCF or BAF values, literature values, or site specific bioconcentration data shall be based on EPA publications; FCR values shall be average consumption rates for a 70 Kg adult for the lifetime of the population; alternative FCR values may be used when it is considered necessary to protect localized populations that may be consuming fish at a higher rate; RSC values, when made available through EPA publications pursuant to Section 304(a) of the Federal Clean Water Pollution Control Act to account for non-water sources of exposure may be either a percentage (multiplied) or amount subtracted, depending on whether multiple criteria are relevant to the chemical;
(ii) Water consumption (including a correction for fish consumption):
WQS = (RfD x RSC) x Body Weight / [WCR+(FCRxBCF)]
where:
WQS = water quality standard or criteria;
RfD = reference dose;
RSC = Relative Source Contribution;
FCR = fish consumption rate (based upon 17.5 gm/person-day);
BCF = bioconcentration factor or bioaccumulation factor (BAF), as appropriate;
WCR = water consumption rate (assumed to be two liters per day for adults).
To protect sensitive groups, exposure shall be based on a 10 Kg child drinking one liter of water per day. Standards may also be based on drinking water standards based on the requirements of the Federal Safe Drinking Water Act, 42 U.S.C. 300(f)(g)-1. For non-carcinogens, specific numerical water quality standards have not been included in this Rule because water quality standards to protect aquatic life for all toxic substances for which standards have been considered are more stringent than numerical standards to protect human health from non-carcinogens through consumption of fish. Standards to protect human health from non-carcinogens through water consumption are listed under the water supply classification standards in Rule .0211 of this Section. The equations listed in this Subparagraph shall be used to develop water quality based effluent limitations on a case-by-case basis for toxic substances that are not presently included in the water quality standards. Alternative FCR values may be used when it is necessary to protect localized populations that may be consuming fish at a higher rate;
(B) For carcinogens, the concentrations of toxic substances shall not result in unacceptable health risks and shall be based on a Carcinogenic Potency Factor (CPF). An unacceptable health risk for cancer shall be more than one case of cancer per one million people exposed (10-6 risk level). The CPF is a measure of the cancer-causing potency of a substance estimated by the upper 95 percent confidence limit of the slope of a straight line calculated by the Linearized Multistage Model or other appropriate model according to U.S. Environmental Protection Agency Guidelines, FR 51 (185): 33992-34003; and FR 45 (231 Part V): 79318-79379. Water quality standards or criteria for water quality based effluent limitations shall be calculated using the procedures given in this Part and in Part (A) of this Subparagraph. Standards to protect human health from carcinogens through water consumption are listed under the water supply classification standards in Rules .0212, .0214, .0215, .0216, and .0218 of this Section. Standards to protect human health from carcinogens through the consumption of fish (and shellfish) only shall be applicable to all waters as follows:
(i) Aldrin: 0.05 ng/l;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 51 ug/l;
(iv) Carbon tetrachloride: 1.6 ug/l;
(v) Chlordane: 0.8 ng/l;
(vi) DDT: 0.2 ng/l;
(vii) Dieldrin: 0.05 ng/l;
(viii) Dioxin: 0.000005 ng/l;
(ix) Heptachlor: 0.08 ng/l;
(x) Hexachlorobutadiene: 18 ug/l;
(xi) Polychlorinated biphenyls (total of all identified PCBs and congeners): 0.064 ng/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 31.1 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 4 ug/l;
(xiv) Tetrachloroethylene: 3.3 ug/L;
(xvi) Trichloroethylene: 30 ug/l;
(xvii) Vinyl chloride: 2.4 ug/l.
The values listed in Subparts (i) through (xvii) of this Part may be adjusted by the Commission or its designee on a case-by-case basis to account for site-specific or chemical-specific information pertaining to the assumed BCF, FCR, or CPF values or other data.
(b) Temperature: the Commission may establish a water quality standard for temperature for specific water bodies other than the standards specified in Rules .0211 and .0220 of this Section upon a case-by-case determination that thermal discharges to these waters that serve or may serve as a source or receptor of industrial cooling water provide for the maintenance of the designated best use throughout a portion of the water body. Such revisions of the temperature standard shall be consistent with the provisions of Section 316(a) of the Federal Water Pollution Control Act, as amended. A list of such revisions shall be maintained and made available to the public by the Division.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. May 1, 2007; April 1, 2003; February 1, 1993; October 1, 1989; January 1, 1985; September 9, 1979;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0209 VARIANCES FROM APPLICABLE STANDARDS
15A NCAC 02B .0210 BEST USE CRITERIA
History Note: Authority G.S. 143-214.1;
Eff. February 1, 1976;
Amended Eff. September 9, 1979;
Repealed Eff. January 1, 1985.
15a ncac 02b .0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS
In addition to the standards set forth in Rule .0208 of this Section, the following water quality standards shall apply to all Class C waters. Additional standards applicable to other freshwater classifications are specified in Rules .0212, .0214, .0215, .0216, .0218, .0219, .0223, .0224, .0225, and .0231 of this Section.
(1) The best usage of waters shall be aquatic life propagation, survival, and maintenance of biological integrity (including fishing and fish); wildlife; secondary contact recreation; agriculture; and any other usage except for primary contact recreation or as a source of water supply for drinking, culinary, and food processing purposes. All freshwaters shall be classified to protect these uses at a minimum.
(2) The conditions of waters shall be such that waters are suitable for all best uses specified in this Rule. Sources of water pollution that preclude any of these uses on either a short-term or long-term basis shall be deemed to violate a water quality standard;
(3) Chlorine, total residual: 17 ug/l;
(4) Chlorophyll a (corrected): except as specified in Sub-Item (a) of this Item, not greater than 40 ug/l for lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic vegetation not designated as trout waters, and not greater than 15 ug/l for lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic vegetation designated as trout waters (not applicable to lakes or reservoirs less than 10 acres in surface area). The Commission or its designee may prohibit or limit any discharge of waste into surface waters if the surface waters experience or the discharge would result in growths of microscopic or macroscopic vegetation such that the standards established pursuant to this Rule would be violated or the intended best usage of the waters would be impaired;
(a) Site-specific High Rock Lake Reservoir [Index Numbers 12-(108.5), 12-(114), 12-117-(1), 12-117-(3), 12-118.5, and the uppermost portion of 12-(124.5) to the dam of High Rock Lake] Chlorophyll a (corrected): not greater than one exceedance of a growing season geometric mean of 35 ug/L in the photic zone within a three-year period.
(b) For the purpose of Sub-Item (a) of this Item:
(i) The growing season is April 1 through October 31;
(ii) Samples shall be collected in a minimum of five different months within each growing season with a minimum of two growing season geometric means collected in a three-year period;
(iii) The photic zone shall be defined as the surface down to twice the Secchi depth;
(iv) Samples shall be collected as a composite sample of the photic zone; and
(v) Samples that do not satisfy the requirements in Sub-Item (iv) of this Sub-Item shall be excluded from the calculation of the geometric mean.
(5) Cyanide, available or total: 5.0 ug/l;
(6) Dissolved oxygen: not less than 6.0 mg/l for trout waters; for non-trout waters, not less than a daily average of 5.0 mg/l with an instantaneous value of not less than 4.0 mg/l; swamp waters, lake coves, or backwaters, and lake bottom waters may have lower values if caused by natural conditions;
(7) Fecal coliform: shall not exceed a geometric mean of 200/100ml (MF count) based upon at least five samples taken over a 30-day period, nor exceed 400/100ml in more than 20 percent of the samples examined during such period. Violations of this Item are expected during rainfall events and may be caused by uncontrollable nonpoint source pollution. All coliform concentrations shall be analyzed using the membrane filter technique. If high turbidity or other conditions would cause the membrane filter technique to produce inaccurate data, the most probable number (MPN) 5-tube multiple dilution method shall be used.
(8) Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage, industrial wastes, or other wastes as shall not make the water unsafe or unsuitable for aquatic life and wildlife or impair the waters for any designated uses;
(9) Fluoride: 1.8 mg/l;
(10) Gases, total dissolved: not greater than 110 percent of saturation;
(11) Metals:
(a) With the exception of mercury, acute and chronic freshwater aquatic life standards for metals shall be based upon measurement of the dissolved fraction of the metal. Mercury water quality standards shall be based upon measurement of the total recoverable metal;
(b) With the exception of mercury, aquatic life standards for metals listed in this Sub-Item shall apply as a function of the pollutant's water effect ratio (WER). The WER shall be assigned a value equal to one unless any person demonstrates to the Division's satisfaction in a permit proceeding that another value is developed in accordance with the "Water Quality Standards Handbook: Second Edition" published by the US Environmental Protection Agency (EPA-823-B-12-002), which is hereby incorporated by reference, including subsequent amendments and editions, and can be obtained free of charge at . Alternative site-specific standards may also be developed when any person submits values that demonstrate to the Commission that they were derived in accordance with the "Water Quality Standards Handbook: Second Edition, Recalculation Procedure or the Resident Species Procedure", which is hereby incorporated by reference including subsequent amendments and can be obtained free of charge at .
(c) Freshwater metals standards that are not hardness-dependent shall be as follows:
(i) Arsenic, dissolved, acute: WER∙ 340 ug/l;
(ii) Arsenic, dissolved, chronic: WER∙ 150 ug/l;
(iii) Beryllium, dissolved, acute: WER∙ 65 ug/l;
(iv) Beryllium, dissolved, chronic: WER∙ 6.5 ug/l;
(v) Chromium VI, dissolved, acute: WER∙ 16 ug/l;
(vi) Chromium VI, dissolved, chronic: WER∙ 11 ug/l;
(vii) Mercury, total recoverable, chronic: 0.012 ug/l;
(viii) Silver, dissolved, chronic: WER∙ 0.06 ug/l;
(d) Selenium, chronic: The standard for chronic selenium has the following components: fish egg/ovary tissue, fish whole body or muscle tissue, and water column (lentic and lotic). These components shall be used in the following order of preference provided data is available:
(i) Fish egg/ovary tissue;
(ii) Fish whole body or muscle tissue;
(iii) Water column.
Fish tissue concentrations are determined as dry weight and water column concentrations are based on the dissolved fraction of selenium. Fish tissue components are expressed as steady-state concentrations and provide instantaneous point measurements that reflect integrative accumulation of selenium over time and space in fish populations at a given site. Fish tissue components supersede the water column component when both fish tissue and water concentrations are measured. Egg-ovary tissue results, where available, supersede all other tissue and water column components. The chronic selenium standards are as follows:
|Component |Magnitude |Duration |
|Fish tissue |Fish egg/ovary |15.1 mg/kg |Instantaneous |
| |tissue | | |
| |Fish whole body |8.5 mg/kg |Instantaneous |
| |or muscle tissue|whole body | |
| | |11.3 mg/kg muscle |Instantaneous |
|Water column |Lentic or Lotic |1.5 ug/l lentic |30-day average |
| | |3.1 ug/l lotic |30-day average |
(e) Hardness-dependent freshwater metals standards shall be derived using the equations specified in Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals. If the actual instream hardness (expressed as CaCO3 or Ca+Mg) is less than 400 mg/l, standards shall be calculated based upon the actual instream hardness. If the instream hardness is greater than 400 mg/l, the maximum applicable hardness shall be 400 mg/l.
Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals
Numeric standards calculated at 25 mg/l hardness are listed below for illustrative purposes. The Water Effects Ratio (WER) is equal to one unless determined otherwise under Sub-Item (11)(b) of this Rule.
|Metal |Equations for Hardness-Dependent Freshwater Metals (ug/l) |Standard at 25|
| | |mg/l hardness |
| | |(ug/l) |
|Cadmium, Acute |WER∙[{1.136672-[ln hardness](0.041838)} ∙ e^{0.9789 [ln hardness]-3.443}]| 0.75 |
|Cadmium, Acute, |WER∙[{1.136672-[ln hardness](0.041838)} ∙ e^{0.9789 [ln hardness]-3.866}]|0.49 |
|Trout waters | | |
|Cadmium, Chronic |WER∙[{1.101672-[ln hardness](0.041838)} ∙ e^{0.7977[ln hardness]-3.909}] |0.25 |
|Chromium III, |WER∙ [0.316 ∙ e^{0.8190[ln hardness]+3.7256}] |180 |
|Acute | | |
|Chromium III, |WER∙ [0.860 ∙ e^{0.8190[ln hardness]+0.6848}] |24 |
|Chronic | | |
|Copper, Acute |WER∙ [0.960 ∙ e^{0.9422[ln hardness]-1.700}] |3.6 |
| |Or, | |
| |Aquatic Life Ambient Freshwater Quality Criteria-Copper 2007 Revision | |
| |(EPA-822-R-07-001) |NA |
|Copper, Chronic |WER∙ [0.960 ∙ e^{0.8545[ln hardness]-1.702}] |2.7 |
| |Or, | |
| |Aquatic Life Ambient Freshwater Quality Criteria-Copper 2007 Revision |NA |
| |(EPA-822-R-07-001) | |
|Lead, |WER∙ [{1.46203-[ln hardness](0.145712)} ∙ e^{1.273[ln hardness]-1.460}] |14 |
|Acute | | |
|Lead, Chronic |WER∙ [{1.46203-[ln hardness](0.145712)} ∙ e^{1.273[ln hardness]-4.705}] |0.54 |
|Nickel, Acute |WER∙ [0.998 ∙ e^{0.8460[ln hardness]+2.255}] |140 |
|Nickel, Chronic |WER∙ [0.997 ∙ e^{0.8460[ln hardness]+0.0584}] |16 |
|Silver, Acute |WER∙ [0.85 ∙ e^{1.72[ln hardness]-6.59}] |0.30 |
|Zinc, Acute |WER∙ [0.978 ∙ e^{0.8473[ln hardness]+0.884}] |36 |
|Zinc, Chronic |WER∙ [0.986 ∙ e^{0.8473[ln hardness]+0.884}] |36 |
(f) Compliance with acute instream metals standards shall only be evaluated using an average of two or more samples collected within one hour. Compliance with chronic instream metals standards, except for selenium shall only be evaluated using an average of a minimum of four samples taken on consecutive days or as a 96-hour average;
(12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, or colored or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3(a)-(b), incorporated by reference including subsequent amendments and editions. This material is available, free of charge, at: ;
(13) Pesticides:
(a) Aldrin: 0.002 ug/l;
(b) Chlordane: 0.004 ug/l;
(c) DDT: 0.001 ug/l;
(d) Demeton: 0.1 ug/l;
(e) Dieldrin: 0.002 ug/l;
(f) Endosulfan: 0.05 ug/l;
(g) Endrin: 0.002 ug/l;
(h) Guthion: 0.01 ug/l;
(i) Heptachlor: 0.004 ug/l;
(j) Lindane: 0.01 ug/l;
(k) Methoxychlor: 0.03 ug/l;
(l) Mirex: 0.001 ug/l;
(m) Parathion: 0.013 ug/l; and
(n) Toxaphene: 0.0002 ug/l;
(14) pH: shall be between 6.0 and 9.0 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(15) Phenolic compounds: only such levels as shall not result in fish-flesh tainting or impairment of other best usage;
(16) Polychlorinated biphenyls (total of all PCBs and congeners identified): 0.001 ug/l;
(17) Radioactive substances, based on at least one sample collected per quarter:
(a) Combined radium-226 and radium-228: the average annual activity level for combined radium-226 and radium-228 shall not exceed five picoCuries per liter;
(b) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but excluding radon and uranium) shall not exceed 15 picoCuries per liter;
(c) Beta Emitters: the average annual activity level for strontium-90 shall not exceed eight picoCuries per liter, nor shall the average annual gross beta particle activity (excluding potassium-40 and other naturally occurring radionuclides) exceed 50 picoCuries per liter, nor shall the average annual activity level for tritium exceed 20,000 picoCuries per liter;
(18) Temperature: not to exceed 2.8 degrees C (5.04 degrees F) above the natural water temperature, and in no case to exceed 29 degrees C (84.2 degrees F) for mountain and upper piedmont waters and 32 degrees C (89.6 degrees F) for lower piedmont and coastal plain waters; the temperature for trout waters shall not be increased by more than 0.5 degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case to exceed 20 degrees C (68 degrees F);
(19) Toluene: 0.36 ug/l in trout classified waters or 11 ug/l in all other waters;
(20) Trialkyltin compounds: 0.07 ug/l expressed as tributyltin;
(21) Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices (BMPs), as defined by Rule .0202 of this Section, recommended by the Designated Nonpoint Source Agency, as defined by Rule .0202 of this Section.
(22) Toxic Substance Level Applicable to NPDES Permits: Chloride: 230 mg/l. If chloride is determined by the waste load allocation to be exceeded in a receiving water by a discharge under the specified 7Q10 criterion for toxic substances, the discharger shall monitor the chemical or biological effects of the discharge. Efforts shall be made by all dischargers to reduce or eliminate chloride from their effluents. Chloride shall be limited as appropriate in the NPDES permit if sufficient information exists to indicate that it may be a causative factor resulting in toxicity of the effluent.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; August 1, 2000; October 1, 1995; August 1, 1995; April 1, 1994; February 1, 1993;
Readopted Eff. November 1, 2019;
Amended Eff. September 1, 2022; June 1, 2022.
15a ncac 02b .0212 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-I WATERS
The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-I. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-I waters.
(1) The best usage of waters classified as WS-I shall be as a source of water supply for drinking, culinary, or food processing purposes for those users desiring maximum protection of their water supplies in the form of the most stringent WS classification, and any best usage specified for Class C waters. Class WS-I waters are waters located on land in public ownership and waters located in undeveloped watersheds.
(2) The best usage of waters classified as WS-I shall be maintained as follows:
(a) Water quality standards in a WS-I watershed shall meet the requirements as specified in Item (3) of this Rule.
(b) Wastewater and stormwater point source discharges in a WS-I watershed shall meet the requirements as specified in Item (4) of this Rule.
(c) Nonpoint source pollution in a WS-I watershed shall meet the requirements as specified in Item (5) of this Rule.
(d) Following approved treatment, as defined in Rule .0202 of this Section, the waters shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, and food-processing purposes that are specified in 40 CFR Part 141 National Primary Drinking Water Regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500, incorporated by reference including subsequent amendments and editions.
(e) Sources of water pollution that preclude any of the best uses on either a short-term or long-term basis shall be deemed to violate a water quality standard.
(f) The Class WS-I classification may be used to protect portions of Class WS-II, WS-III, and WS-IV water supplies. For reclassifications occurring after the July 1, 1992 statewide reclassification, a WS-I classification that is requested by local governments shall be considered by the Commission if all local governments having jurisdiction in the affected areas have adopted a resolution and the appropriate ordinances as required by G.S. 143-214.5(d) to protect the watershed or if the Commission acts to protect a watershed when one or more local governments has failed to adopt protective measures as required by this Sub-Item.
(3) Water quality standards applicable to Class WS-I Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming;
(b) Total coliforms shall not exceed 50/100 ml (MF count) as a monthly geometric mean value in watersheds serving as unfiltered water supplies;
(c) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems from chlorinated phenols;
(d) Solids, total dissolved: not greater than exceed 500 mg/l;
(e) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(f) Toxic and other deleterious substances that are non-carcinogens:
(i) Barium: 1.0 mg/l;
(ii) Chloride: 250 mg/l;
(iii) Nickel: 25 ug/l;
(iv) Nitrate nitrogen: 10.0 mg/l;
(v) 2,4-D: 70 ug/l;
(vi) 2,4,5-TP (Silvex): 10 ug/l; and
(vii) Sulfates: 250 mg/l;
(g) Toxic and other deleterious substances that are carcinogens:
(i) Aldrin: 0.05 ng/1;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 1.19 ug/1;
(iv) Carbon tetrachloride: 0.254 ug/l;
(v) Chlordane: 0.8 ng/1;
(vi) Chlorinated benzenes: 488 ug/l;
(vii) DDT: 0.2 ng/1;
(viii) Dieldrin: 0.05 ng/1;
(ix) Dioxin: 0.000005 ng/l;
(x) Heptachlor: 0.08 ng/1;
(xi) Hexachlorobutadiene: 0.44 ug/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(xiv) Tetrachloroethylene: 0.7 ug/l;
(xv) Trichloroethylene: 2.5 ug/l; and
(xvi) Vinyl Chloride: 0.025 ug/l.
(4) Wastewater and stormwater point source discharges in a WS-I watershed shall be permitted pursuant to 15A NCAC 02B .0104.
(5) Nonpoint source pollution in a WS-I watershed shall not have an adverse impact, as defined in 15A NCAC 02H .1002, on use as a water supply or any other designated use.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; October 1, 1995; February 1, 1993; March 1, 1991; October 1, 1989;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0213 REVISIONS TO DISSOLVED OXYGEN STANDARDS
History Note: Authority G.S. 143-214.1;
Eff. December 14, 1978;
Amended Eff. July 1, 1988;
Repealed Eff. October 1, 1989.
15a ncac 02b .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II WATERS
The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-II. Water quality standards applicable to Class C waters as described in Rule .0211of this Section shall also apply to Class WS-II waters.
(1) The best usage of waters classified as WS-II shall be as a source of water supply for drinking, culinary, or food-processing purposes for those users desiring maximum protection for their water supplies where a WS-I classification is not feasible as determined by the Commission in accordance with Rule .0212 of this Section and any best usage specified for Class C waters.
(2) The best usage of waters classified as WS-II shall be maintained as follows:
(a) Water quality standards in a WS-II watershed shall meet the requirements as specified in Item (3) of this Rule.
(b) Wastewater and stormwater point source discharges in a WS-II watershed shall meet the requirements as specified in Item (4) of this Rule.
(c) Nonpoint source pollution in a WS-II watershed shall meet the requirements as specified in Item (5) of this Rule.
(d) Following approved treatment, as defined in Rule .0202 of this Section, the waters shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, and food-processing purposes that are specified in 40 CFR Part 141 National Primary Drinking Water Regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500.
(e) Sources of water pollution that preclude any of the best uses on either a short-term or long-term basis shall be deemed to violate a water quality standard.
(f) The Class WS-II classification may be used to protect portions of Class WS-III and WS-IV water supplies. For reclassifications of these portions of Class WS-III and WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, a WS-II classification that is requested by local governments shall be considered by the Commission if all local governments having jurisdiction in the affected areas have adopted a resolution and the appropriate ordinances as required by G.S. 143-214.5(d) to protect the watershed or if the Commission acts to protect a watershed when one or more local governments has failed to adopt protective measures as required by this Sub-Item.
(3) Water quality standards applicable to Class WS-II Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming;
(b) Odor producing substances contained in sewage or other wastes: only such amounts, whether alone or in combination with other substances or wastes, as shall not cause organoleptic effects in water supplies that cannot be corrected by treatment, impair the palatability of fish, or have an adverse impact, as defined in 15A NCAC 02H .1002, on any best usage established for waters of this class;
(c) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems from chlorinated phenols;
(d) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(e) Solids, total dissolved: not greater than 500 mg/l;
(f) Toxic and other deleterious substances that are non-carcinogens:
(i) Barium: 1.0 mg/l;
(ii) Chloride: 250 mg/l;
(iii) Nickel: 25 ug/l;
(iv) Nitrate nitrogen: 10.0 mg/l;
(v) 2,4-D: 70 ug/l;
(vi) 2,4,5-TP (Silvex): 10 ug/l; and
(vii) Sulfates: 250 mg/l;
(g) Toxic and other deleterious substances that are carcinogens:
(i) Aldrin: 0.05 ng/1;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 1.19 ug/1;
(iv) Carbon tetrachloride: 0.254 ug/l;
(v) Chlordane: 0.8 ng/1;
(vi) Chlorinated benzenes: 488 ug/l;
(vii) DDT: 0.2 ng/1;
(viii) Dieldrin: 0.05 ng/1;
(ix) Dioxin: 0.000005 ng/l;
(x) Heptachlor: 0.08 ng/1;
(xi) Hexachlorobutadiene: 0.44 ug/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(xiv) Tetrachloroethylene: 0.7 ug/l;
(xv) Trichloroethylene: 2.5 ug/l; and
(xvi) Vinyl Chloride: 0.025 ug/l.
(4) Wastewater and stormwater point source discharges in a WS-II watershed shall meet the following requirements:
(a) Discharges that qualify for a General NPDES Permit pursuant to 15A NCAC 02H .0127 shall be allowed in the entire watershed.
(b) Discharges from trout farms that are subject to Individual NPDES Permits shall be allowed in the entire watershed.
(c) Stormwater discharges that qualify for an Individual NPDES Permit pursuant to 15A NCAC 02H .0126 shall be allowed in the entire watershed.
(d) No discharge of sewage, industrial, or other wastes shall be allowed in the entire watershed except for those allowed by Sub-Items (a) through (c) of this Item or Rule .0104 of this Subchapter, and none shall be allowed that have an adverse effect on human health or that are not treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1. Upon request by the Commission, a discharger shall disclose all chemical constituents present or potentially present in their wastes and chemicals that could be spilled or be present in runoff from their facility that may have an adverse impact on downstream water quality. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances.
(e) New domestic and industrial discharges of treated wastewater that are subject to Individual NPDES Permits shall not be allowed in the entire watershed.
(f) No new landfills shall be allowed in the Critical Area, and no NPDES permits shall be issued for landfills that discharge treated leachate in the remainder of the watershed.
(g) No new permitted sites for land application of residuals or petroleum contaminated soils shall be allowed in the Critical Area.
(5) Nonpoint source pollution in a WS-II watershed shall meet the following requirements:
(a) Nonpoint source pollution shall not have an adverse impact on waters for use as a water supply or any other designated use.
(b) Class WS-II waters shall be protected as water supplies that are located in watersheds that meet average watershed development density levels specified for Class WS-II waters in Rule .0624 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. May 10, 1979;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III WATERS
The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-III. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-III waters.
(1) The best usage of waters classified as WS-III shall be as a source of water supply for drinking, culinary, or food-processing purposes for those users where a more protective WS-I or WS-II classification is not feasible as determined by the Commission in accordance with Rules .0212 and .0214 of this Section and any other best usage specified for Class C waters.
(2) The best usage of waters classified as WS-III shall be maintained as follows:
(a) Water quality standards in a WS-III watershed shall meet the requirements as specified in Item (3) of this Rule.
(b) Wastewater and stormwater point source discharges in a WS-III watershed shall meet the requirements as specified in Item (4) of this Rule.
(c) Nonpoint source pollution in a WS-III watershed shall meet the requirements as specified in Item (5) of this Rule.
(d) Following approved treatment, as defined in Rule .0202 of this Section, the waters shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food-processing purposes that are specified in 40 CFR Part 141 National Primary Drinking Water Regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500.
(e) Sources of water pollution that preclude any of the best uses on either a short-term or long-term basis shall be deemed to violate a water quality standard.
(f) The Class WS-III classification may be used to protect portions of Class WS-IV water supplies. For reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, a WS-II classification that is requested by local governments shall be considered by the Commission if all local governments having jurisdiction in the affected areas have adopted a resolution and the appropriate ordinances as required by G.S. 143-214.5(d) to protect the watershed or if the Commission acts to protect a watershed when one or more local governments has failed to adopt protective measures as required by this Sub-Item.
(3) Water quality standards applicable to Class WS-III Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming;
(b) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such amounts, whether alone or in combination with other substances or wastes, as shall not cause organoleptic effects in water supplies that cannot be corrected by treatment, impair the palatability of fish, or have an adverse impact, as defined in 15A NCAC 02H .1002, on any best usage established for waters of this class;
(c) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems from chlorinated phenols;
(d) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(e) Solids, total dissolved: not greater than 500 mg/l;
(f) Toxic and other deleterious substances that are non-carcinogens:
(i) Barium: 1.0 mg/l;
(ii) Chloride: 250 mg/l;
(iii) Nickel: 25 ug/l;
(iv) Nitrate nitrogen: 10.0 mg/l;
(v) 2,4-D: 70 ug/l;
(vi) 2,4,5-TP (Silvex): 10 ug/l; and
(vii) Sulfates: 250 mg/l;
(g) Toxic and other deleterious substances that are carcinogens:
(i) Aldrin: 0.05 ng/1;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 1.19 ug/1;
(iv) Carbon tetrachloride: 0.254 ug/l;
(v) Chlordane: 0.8 ng/1;
(vi) Chlorinated benzenes: 488 ug/l;
(vii) DDT: 0.2 ng/1;
(viii) Dieldrin: 0.05 ng/1;
(ix) Dioxin: 0.000005 ng/l;
(x) Heptachlor: 0.08 ng/1;
(xi) Hexachlorobutadiene: 0.44 ug/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(xiv) Tetrachloroethylene: 0.7 ug/l;
(xv) Trichloroethylene: 2.5 ug/l; and
(xvi) Vinyl Chloride: 0.025 ug/l.
(4) Wastewater and stormwater point source discharges in a WS-III watershed shall meet the following requirements:
(a) Discharges that qualify for a General NPDES Permit pursuant to 15A NCAC 02H .0127 shall be allowed in the entire watershed.
(b) Discharges from trout farms that are subject to Individual NPDES Permits shall be allowed in the entire watershed.
(c) Stormwater discharges that qualify for an Individual NPDES Permit pursuant to 15A NCAC 02H .0126 shall be allowed in the entire watershed.
(d) New domestic wastewater discharges that are subject to Individual NPDES Permits shall not be allowed in the Critical Area and are allowed in the remainder of the watershed.
(e) New industrial wastewater discharges that are subject to Individual NPDES Permits except non-process industrial discharges shall not be allowed in the entire watershed.
(f) No discharge of sewage, industrial, or other wastes shall be allowed in the entire watershed except for those allowed by Sub-Items (a) through (e) of this Item or Rule .0104 of this Subchapter, and none shall be allowed that have an adverse effect on human health or that are not treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1. Upon request by the Commission, a discharger shall disclose all chemical constituents present or potentially present in their wastes and chemicals that could be spilled or be present in runoff from their facility that may have an adverse impact on downstream water quality. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances.
(g) No new landfills shall be allowed in the Critical Area, and no NPDES permits shall be issued for landfills to discharge treated leachate in the remainder of the watershed.
(h) No new permitted sites for land application of residuals or petroleum contaminated soils shall be allowed in the Critical Area.
(5) Nonpoint source pollution in a WS-III watershed shall meet the following requirements:
(a) Nonpoint source pollution shall not have an adverse impact on waters for use as a water supply or any other designated use.
(b) Class WS-III waters shall be protected as water supplies that are located in watersheds that meet average watershed development density levels specified Class WS-III waters in Rule .0624 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. September 9, 1979;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995; October 1, 1989;
Readopted Eff. November 1, 2019.
15a ncac 02b .0216 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-IV WATERS
The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-IV. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-IV waters.
(1) The best usage of waters classified as WS-IV shall be as a source of water supply for drinking, culinary, or food-processing purposes for those users where a more protective WS-I, WS-II or WS-III classification is not feasible as determined by the Commission in accordance with Rules .0212 through .0215 of this Section and any other best usage specified for Class C waters.
(2) The best usage of waters classified as WS-IV shall be maintained as follows:
(a) Water quality standards in a WS-IV watershed shall meet the requirements as specified in Item (3) of this Rule.
(b) Wastewater and stormwater point source discharges in a WS-IV watershed shall meet the requirements as specified in Item (4) of this Rule.
(c) Nonpoint source pollution in a WS-IV watershed shall meet the requirements as specified in Item (5) of this Rule.
(d) Following approved treatment, as defined in Rule .0202 of this Section, the waters shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food-processing purposes that are specified in 40 CFR Part 141 National Primary Drinking Water Regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500.
(e) Sources of water pollution that preclude any of the best uses on either a short-term or long-term basis shall be deemed to violate a water quality standard.
(f) The Class WS-II or WS-III classifications may be used to protect portions of Class WS-IV water supplies. For reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, a WS-IV classification that is requested by local governments shall be considered by the Commission if all local governments having jurisdiction in the affected areas have adopted a resolution and the appropriate ordinances as required by G.S. 143-214.5(d) to protect the watershed or if the Commission acts to protect a watershed when one or more local governments has failed to adopt protective measures as required by this Sub-Item.
(3) Water quality standards applicable to Class WS-IV Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming;
(b) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such amounts, whether alone or in combination with other substances or waste, as will not cause organoleptic effects in water supplies that cannot be corrected by treatment, impair the palatability of fish, or have an adverse impact, as defined in 15A NCAC 02H .1002, on any best usage established for waters of this class;
(c) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems due to chlorinated phenols shall be allowed. Specific phenolic compounds may be given a different limit if it is demonstrated not to cause taste and odor problems and not to be detrimental to other best usage;
(d) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(e) Solids, total dissolved: not greater than 500 mg/l;
(f) Toxic and other deleterious substances that are non-carcinogens:
(i) Barium: 1.0 mg/l;
(ii) Chloride: 250 mg/l;
(iii) Nickel: 25 ug/l;
(iv) Nitrate nitrogen: 10.0 mg/l;
(v) 2,4-D: 70 ug/l;
(vi) 2,4,5-TP (Silvex): 10 ug/l; and
(vii) Sulfates: 250 mg/l;
(g) Toxic and other deleterious substances that are carcinogens:
(i) Aldrin: 0.05 ng/1;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 1.19 ug/1;
(iv) Carbon tetrachloride: 0.254 ug/l;
(v) Chlordane: 0.8 ng/1;
(vi) Chlorinated benzenes: 488 ug/l;
(vii) DDT: 0.2 ng/1;
(viii) Dieldrin: 0.05 ng/1;
(ix) Dioxin: 0.000005 ng/l;
(x) Heptachlor: 0.08 ng/1;
(xi) Hexachlorobutadiene: 0.44 ug/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(xiv) Tetrachloroethylene: 0.7 ug/l;
(xv) Trichloroethylene: 2.5 ug/l; and
(xvi) Vinyl Chloride: 0.025 ug/l.
(4) Wastewater and stormwater point source discharges in a WS-IV watershed shall meet the following requirements:
(a) Discharges that qualify for a General NPDES Permit pursuant to 15A NCAC 02H .0127 shall be allowed in the entire watershed.
(b) Discharges from domestic facilities, industrial facilities and trout farms that are subject to Individual NPDES Permits shall be allowed in the entire watershed.
(c) Stormwater discharges that qualify for an Individual NPDES Permit pursuant to 15A NCAC 02H .0126 shall be allowed in the entire watershed.
(d) No discharge of sewage, industrial wastes, or other wastes shall be allowed in the entire watershed except for those allowed by Sub-Items (a) through (c) of this Item or Rule .0104 of this Subchapter, and none shall be allowed that have an adverse effect on human health or that are not treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1. Upon request by the Commission, dischargers or industrial users subject to pretreatment standards shall disclose all chemical constituents present or potentially present in their wastes and chemicals that could be spilled or be present in runoff from their facility which may have an adverse impact on downstream water supplies. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances.
(e) New industrial discharges of treated wastewater in the critical area shall meet the provisions of Rule .0224(c)(2)(D), (E), and (G) of this Section and Rule .0203 of this Section.
(f) New industrial connections and expansions to existing municipal discharges with a pretreatment program pursuant to 15A NCAC 02H .0904 shall be allowed in the entire watershed.
(g) No new landfills shall be allowed in the Critical Area.
(h) No new permitted sites for land application residuals or petroleum contaminated soils shall be allowed in the Critical Area.
(5) Nonpoint source pollution in a WS-IV watershed shall meet the following requirements:
(a) Nonpoint source pollution shall not have an adverse impact on waters for use as a water supply or any other designated use.
(b) Class WS-IV waters shall be protected as water supplies that are located in watersheds that meet average watershed development density levels specified for Class WS-IV waters in Rule .0624 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. February 1, 1986;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; June 1, 1996; October 1, 1995; August 1, 1995; June 1, 1994;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0217 STORMWATER CONTROL CRITERIA TO PROTECT WATER QUALITY STDS
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1, 1988.
15a ncac 02b .0218 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-V WATERS
The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-V. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section shall also apply to Class WS-V waters.
(1) The best usage of waters classified as WS-V shall be as waters that are protected as water supplies which are generally upstream and draining to Class WS-IV waters; waters previously used for drinking water supply purposes; or waters used by industry to supply their employees, but not municipalities or counties, with a raw drinking water supply source, although this type of use is not restricted to WS-V classification; and all Class C uses.
(2) The best usage of waters classified as WS-V shall be maintained as follows:
(a) Water quality standards in a WS-V water shall meet the requirements as specified in Item (3) of this Rule.
(b) Wastewater and stormwater point source discharges in a WS-V water shall meet the requirements as specified in Item (4) of this Rule.
(c) Nonpoint source pollution in a WS-V water shall meet the requirements as specified in Item (5) of this Rule.
(d) Following approved treatment, as defined in Rule .0202 of this Section, the waters shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food-processing purposes that are specified in 40 CFR Part 141 National Primary Drinking Water Regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500.
(e) The Commission or its designee may apply management requirements for the protection of waters downstream of receiving waters provided in Rule .0203 of this Section.
(f) The Commission shall consider a more protective classification for the water supply if a resolution requesting a more protective classification is submitted from all local governments having land use jurisdiction within the affected watershed.
(g) Sources of water pollution that preclude any of the best uses on either a short-term or long-term basis shall be deemed to violate a water quality standard;
(3) Water quality standards applicable to Class WS-V Waters shall be as follows:
(a) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming;
(b) Odor producing substances contained in sewage, industrial wastes, or other wastes: only such amounts, whether alone or in combination with other substances or waste, as will not cause organoleptic effects in water supplies that can not be corrected by treatment, impair the palatability of fish, or have an adverse impact, as defined in 15A NCAC 02H .1002, on any best usage established for waters of this class;
(c) Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems due to chlorinated phenols. Specific phenolic compounds may be given a different limit if it is demonstrated not to cause taste and odor problems and not to be detrimental to other best usage;
(d) Total hardness: not greater than 100 mg/l as calcium carbonate (CaCO3 or Ca + Mg);
(e) Solids, total dissolved: not greater than 500 mg/l;
(f) Toxic and other deleterious substances that are non-carcinogens:
(i) Barium: 1.0 mg/l;
(ii) Chloride: 250 mg/l;
(iii) Nickel: 25 ug/l;
(iv) Nitrate nitrogen: 10.0 mg/l;
(v) 2,4-D: 70 ug/l;
(vi) 2,4,5-TP (Silvex): 10 ug/l; and
(vii) Sulfates: 250 mg/l;
(g) Toxic and other deleterious substances that are carcinogens:
(i) Aldrin: 0.05 ng/1;
(ii) Arsenic: 10 ug/l;
(iii) Benzene: 1.19 ug/1;
(iv) Carbon tetrachloride: 0.254 ug/l;
(v) Chlordane: 0.8 ng/1;
(vi) Chlorinated benzenes: 488 ug/l;
(vii) DDT: 0.2 ng/1;
(viii) Dieldrin: 0.05 ng/1;
(ix) Dioxin: 0.000005 ng/l;
(x) Heptachlor: 0.08 ng/1;
(xi) Hexachlorobutadiene: 0.44 ug/l;
(xii) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l;
(xiii) Tetrachloroethane (1,1,2,2): 0.17 ug/l;
(xiv) Tetrachloroethylene: 0.7 ug/l;
(xv) Trichloroethylene: 2.5 ug/l; and
(xvi) Vinyl Chloride: 0.025 ug/l.
(4) No discharge of sewage, industrial wastes, or other wastes shall be allowed that have an adverse effect on human health or that are not treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1. Upon request by the Commission, dischargers or industrial users subject to pretreatment standards shall disclose all chemical constituents present or potentially present in their wastes and chemicals that could be spilled or be present in runoff from their facility which may have an adverse impact on downstream water quality. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances.
(5) Nonpoint Source pollution in a WS-V water shall not have an adverse impact on waters for use as water supply or any other designated use.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1989;
Amended Eff. January 1, 2015; May 1, 2007; April 1, 2003; October 1, 1995;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0219 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS B WATERS
The following water quality standards shall apply to surface waters that are for primary contact recreation as defined in Rule .0202 of this Section, and are classified as Class B waters. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class B waters.
(1) The best usage of Class B waters shall be primary contact recreation and any other best usage specified for Class C waters.
(2) Class B waters shall meet the standards of water quality for outdoor bathing places as specified in Item (3) of this Rule and shall be of sufficient size and depth for primary contact recreation. In assigning the B classification to waters intended for primary contact recreation, the Commission shall consider the relative proximity of sources of water pollution and the potential hazards involved in locating swimming areas close to sources of water pollution and shall not assign this classification to waters in which such water pollution could result in a hazard to public health. Sources of water pollution that preclude any of these uses on either a short-term or long-term basis shall be deemed to violate a water quality standard.
(3) Quality standards applicable to Class B waters:
(a) Sewage, industrial wastes, or other wastes: none shall be allowed that are not treated to the satisfaction of the Commission. In determining the degree of treatment required for such waste when discharged into waters to be used for bathing, the Commission shall consider the quality and quantity of the sewage and wastes involved and the proximity of such discharges to waters in this class. Discharges in the immediate vicinity of bathing areas shall not be allowed if the Director determines that the waste cannot be treated to ensure the protection of primary contact recreation;
(b) Fecal coliforms shall not exceed a geometric mean of 200/100 ml (MF count) based on at least five samples taken over a 30 day period, nor exceed 400/100 ml in more than 20 percent of the samples examined during such period.
(4) Wastewater discharges to waters classified as B shall meet the reliability requirements specified in 15A NCAC 02H .0124. Discharges to waters where a primary contact recreational use is determined by the Director to be attainable shall be required to meet water quality standards and reliability requirements to protect this use concurrently with reclassification efforts.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. January 1, 1990;
Amended Eff. October 1, 1995;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2022.
15A NCAC 02B .0220 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SC WATERS
In addition to the standards set forth in Rule .0208 of this Section, the following water quality standards shall apply to all Class SC waters. Additional standards applicable to other tidal salt water classifications are specified in Rules .0221 and .0222 of this Section.
(1) The best usage of waters classified as SC shall be aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)); wildlife; secondary contact recreation as defined in Rule .0202 in this Section; and any usage except primary contact recreation or shellfishing for market purposes. All saltwaters shall be classified to protect these uses at a minimum.
(2) The best usage of waters classified as SC shall be maintained as specified in this Rule. Any source of water pollution that precludes any of these uses on either a short-term or a long-term basis shall be deemed to violate a water quality standard;
(3) Chlorophyll a (corrected): not greater than 40 ug/l in sounds, estuaries, and other waters subject to growths of macroscopic or microscopic vegetation. The Commission or its designee may prohibit or limit any discharge of waste into surface waters if the Director determines that the surface waters experience or the discharge would result in growths of microscopic or macroscopic vegetation such that the standards established pursuant to this Rule would be violated or the intended best usage of the waters would be impaired;
(4) Cyanide: 1 ug/l;
(5) Dissolved oxygen: not less than 5.0 mg/l, except that swamp waters, poorly flushed tidally influenced streams or embayments, or estuarine bottom waters may have lower values if caused by natural conditions;
(6) Enterococcus, including Enterococcus faecalis, Enterococcus faecium, Enterococcus avium and Enterococcus gallinarium: not exceed a geometric mean of 35 enterococci per 100 ml based upon a minimum of five samples taken over a 30-day period. For the purposes of beach monitoring and notification, "Coastal Recreational Waters Monitoring, Evaluation and Notification" regulations (15A NCAC 18A .3400), available free of charge at: , are incorporated by reference including subsequent amendments and editions;
(7) Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage, industrial wastes, or other wastes as shall not make the waters unsafe or unsuitable for aquatic life and wildlife, or impair the waters for any designated uses;
(8) Gases, total dissolved: not greater than 110 percent of saturation;
(9) Metals:
(a) With the exception of mercury and selenium, acute and chronic tidal salt water quality standards for metals shall be based upon measurement of the dissolved fraction of the metals. Mercury and selenium shall be based upon measurement of the total recoverable metal;
(b) With the exception of mercury and selenium, acute and chronic tidal saltwater quality aquatic life standards for metals listed in this Sub-Item shall apply as a function of the pollutant's water effect ratio (WER). The WER shall be assigned a value equal to one unless any person demonstrates to the Division in a permit proceeding that another value is developed in accordance with the "Water Quality Standards Handbook: Second Edition" published by the US Environmental Protection Agency (EPA-823-B-12-002). Alternative site-specific standards may also be developed when any person submits values that demonstrate to the Commission that they were derived in accordance with the "Water Quality Standards Handbook: Second Edition, Recalculation Procedure or the Resident Species Procedure."
(c) Acute and chronic tidal salt water quality metals standards shall be as follows:
(i) Arsenic, acute: WER∙ 69 ug/l;
(ii) Arsenic, chronic: WER∙ 36 ug/l;
(iii) Cadmium, acute: WER∙ 33 ug/l;
(iv) Cadmium, chronic: WER∙ 7.9 ug/l;
(v) Chromium VI, acute: WER∙ 1100 ug/l;
(vi) Chromium VI, chronic: WER∙ 50 ug/l;
(vii) Copper, acute: WER∙ 4.8 ug/l;
(viii) Copper, chronic: WER∙ 3.1 ug/l;
(ix) Lead, acute: WER∙ 210 ug/l;
(x) Lead, chronic: WER∙ 8.1 ug/l;
(xi) Mercury, total recoverable, chronic: 0.025 ug/l;
(xii) Nickel, acute: WER∙ 74 ug/l;
(xiii) Nickel, chronic: WER∙ 8.2 ug/l;
(xiv) Selenium, total recoverable, chronic: 71 ug/l;
(xv) Silver, acute: WER∙ 1.9 ug/l;
(xvi) Silver, chronic: WER∙ 0.1 ug/l;
(xvii) Zinc, acute: WER∙ 90 ug/l; and
(xviii) Zinc, chronic: WER∙ 81 ug/l;
(d) Compliance with acute instream metals standards shall only be evaluated using an average of two or more samples collected within one hour. Compliance with chronic instream metals standards shall only be evaluated using averages of a minimum of four samples taken on consecutive days, or as a 96-hour average;
(10) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, aquatic life, and wildlife or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, or colored or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, as described in 40 CFR 110.3, incorporated by reference including any subsequent amendments and editions. This material is available free of charge at .
(11) Pesticides:
(a) Aldrin: 0.003 ug/l;
(b) Chlordane: 0.004 ug/l;
(c) DDT: 0.001 ug/l;
(d) Demeton: 0.1 ug/l;
(e) Dieldrin: 0.002 ug/l;
(f) Endosulfan: 0.009 ug/l;
(g) Endrin: 0.002 ug/l;
(h) Guthion: 0.01 ug/l;
(i) Heptachlor: 0.004 ug/l;
(j) Lindane: 0.004 ug/l;
(k) Methoxychlor: 0.03 ug/l;
(l) Mirex: 0.001 ug/l;
(m) Parathion: 0.178 ug/l; and
(n) Toxaphene: 0.0002 ug/l;
(12) pH: shall be between 6.8 and 8.5, except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(13) Phenolic compounds: only such levels as shall not result in fish-flesh tainting or impairment of other best usage;
(14) Polychlorinated biphenyls: (total of all PCBs and congeners identified) 0.001 ug/l;
(15) Radioactive substances, based on at least one sample collected per quarter:
(a) Combined radium-226 and radium-228: the average annual activity level for combined radium-226, and radium-228 shall not exceed five picoCuries per liter;
(b) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but excluding radon and uranium) shall not exceed 15 picoCuries per liter;
(c) Beta Emitters: the average annual activity level for strontium-90 shall not exceed eight picoCuries per liter, nor shall the average annual gross beta particle activity (excluding potassium-40 and other naturally occurring radionuclides exceed 50 picoCuries per liter, nor shall the average annual activity level for tritium exceed 20,000 picoCuries per liter;
(16) Salinity: changes in salinity due to hydrological modifications shall not result in removal of the functions of a PNA. Projects that are determined by the Director to result in modifications of salinity such that functions of a PNA are impaired shall employ water management practices to mitigate salinity impacts;
(17) Temperature: shall not be increased above the natural water temperature by more than 0.8 degrees C (1.44 degrees F) during the months of June, July, and August, shall not be increased by more than 2.2 degrees C (3.96 degrees F) during other months, and shall in no case exceed 32 degrees C (89.6 degrees F) due to the discharge of heated liquids;
(18) Trialkyltin compounds: 0.007 ug/l expressed as tributyltin;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 Nephelometric Turbidity Units (NTU); if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices (BMPs), defined by Rule .0202 of this Section, recommended by the Designated Nonpoint Source Agency, as defined by Rule .0202 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. January 1, 2015; May 1, 2007; August 1, 2000;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2022.
15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS
In addition to the standards set forth in Rules .0220 and .0222 of this Section, the following water quality standards shall apply to tidal surface waters that are used for shellfishing for market purposes and that are classified SA.
(1) The best usage of waters classified as SA shall be shellfishing for market purposes and any other usage specified by the "SB" or "SC" classification;
(2) The best usage of waters classified as SA shall be maintained as specified in this Rule. In determining the safety or suitability of Class SA waters to be used for shellfishing for market purposes, the Commission shall consider the existing water quality of the area in relation to the standards to protect shellfishing uses, the potential contamination of the area from both point and nonpoint sources of pollution, and the presence of harvestable quantities of shellfish or the potential for the area to have harvestable quantities through management efforts of the Division of Marine Fisheries. Waters shall meet the current sanitary and bacteriological standards in 15A NCAC 18A .0400, which is hereby incorporated by reference, as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of water pollution that precludes any of these uses, on either a short-term or a long-term basis shall be deemed to violate a water quality standard. Waters shall not be classified SA without the written concurrence of the Division of Marine Fisheries.
(3) The following water quality standards shall apply to Class SA Waters:
(a) Floating solids, settleable solids, or sludge deposits: none attributable to sewage, industrial wastes, or other wastes;
(b) Sewage: none;
(c) Industrial wastes or other wastes shall not be allowed unless they are treated in accordance with the permit or other requirements established by the Division pursuant to G.S. 143-215.1; and
(d) Organisms of the fecal coliform group shall meet the bacteriological standards in 15A NCAC 18A .0431(4).
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. May 1, 2007;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0222 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SB WATERS
In addition to the standards set forth in Rule .0220 of this Section, the following water quality standards shall apply to tidal surface waters that are used for primary contact recreation as defined in Rule .0202 of this Section and that are classified SB.
(1) The best usage of waters classified as SB shall be primary contact recreation and any other usage specified by the "SC" classification;
(2) The best usage of waters classified as SB shall be maintained as specified in this Rule. In assigning the SB classification to waters intended for primary contact recreation, the Commission shall consider the relative proximity of sources of water pollution and the potential hazards involved in locating swimming areas close to sources of water pollution, and shall not assign this classification to waters in which such water pollution could result in a hazard to public health. The waters shall meet accepted sanitary standards of water quality for outdoor bathing places as specified in Item (3) of this Rule and shall be of sufficient size and depth for primary contact recreation purposes. Any source of water pollution that precludes any of these uses, on either a short-term or a long-term basis, shall be deemed to violate a water quality standard.
(3) The following water quality standards shall apply to Class SB waters:
(a) Floating solids, settleable solids, or sludge deposits: none attributable to sewage, industrial wastes, or other wastes;
(b) Sewage, industrial wastes, or other wastes: none shall be allowed that are not treated to the satisfaction of the Commission. In determining the degree of treatment required for such waters discharged into waters that are to be used for bathing, the Commission shall consider the quantity and quality of the sewage and other wastes involved and the proximity of such discharges to the waters in this class. Discharges in the immediate vicinity of bathing areas shall not be allowed if the Director determines that the waste cannot be treated to ensure the protection of primary contact recreation;
(c) Enterococcus, including Enterococcus faecalis, Enterococcus faecium, Enterococcus avium and Enterococcus gallinarium: not exceed a geometric mean of 35 enterococci per 100 ml based upon a minimum of five samples taken over a 30-day period. In accordance with Clean Water Act, 33 U.S.C. 1313 for the purposes of beach monitoring and notification, "Coastal Recreation Waters Monitoring, Evaluation and Notification" regulations (15A NCAC 18A .3400) are incorporated by reference including subsequent amendments and editions.
(4) Wastewater discharges to waters classified as SB shall meet the reliability requirements specified in 15A NCAC 02H .0124. Discharges to waters where a primary contact recreational use is determined by the Director to be attainable shall be required to meet water quality standards and reliability requirements to protect this use concurrently with reclassification efforts.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. May 1, 2007;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0223 WATER QUALITY STANDARDS FOR NUTRIENT SENSITIVE WATERS
(a) In addition to existing classifications, the Commission may classify any surface waters of the State as Nutrient Sensitive Waters (NSW) upon a finding that such waters are experiencing or are subject to excessive growths of microscopic or macroscopic vegetation. Excessive growths are growths that the Commission determines impair the best usage of the water as determined by the classification applied to such waters. In classifying waters as NSW, the Commission shall consider the criteria specified in G.S. 143-214.1.
(b) NSW may include any or all waters within a particular river basin as the Commission deems necessary to control excessive growths of microscopic or macroscopic vegetation.
(c) For the purpose of this Rule, the term "nutrients" shall mean phosphorous or nitrogen or any other chemical parameter or combination of parameters that the Commission determines to be contributing to excessive growths of microscopic or macroscopic vegetation. In determining whether such parameters are contributing to excessive growths of microscopic or macroscopic vegetation, the Commission shall consider information such as chemical, physical, and biological data and reports.
(d) Those waters of the State that are classified as NSW shall be identified in the appropriate river basin classification schedule. The schedules are available online at .
(e) Nutrient strategies applicable to NSW shall be developed by the Commission to limit nutrients so as to control the magnitude, duration, or frequencies of excessive growths of microscopic or macroscopic vegetation so that the existing and designated uses of the waterbody are protected or restored. Nutrient strategies applicable to NSW are set forth in this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.8B;
Eff. October 1, 1995;
Amended Eff. August 1, 2000;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2020.
15A NCAC 02B .0224 WATER QUAlItY STANDARDS FOR HIGH QUALITY WATERS
(a) High Quality Waters (HQW) are a subset of "waters with quality higher than the standards" as defined in Rule .0202(58) of this Section. This Rule shall be implemented in order to meet the requirements of Rule .0201(d) of this Section.
(b) High Quality Waters (HQW) shall include:
(1) water supply watersheds that are classified as Class WS-I or WS-II;
(2) waters classified as Class SA; and
(3) surface waters of the State that the Commission classifies as HQW upon finding that such waters are:
(A) rated excellent based on biological and physical/chemical characteristics through monitoring or special studies; or
(B) primary nursery areas (PNA) and other functional nursery areas designated by the Marine Fisheries Commission or the Wildlife Resources Commission.
(c) New or expanded wastewater discharges in High Quality Waters shall comply with the following:
(1) Discharges from new single family residences shall be prohibited. Existing subsurface systems for single family residences that fail and must discharge shall install a septic tank, dual or recirculating sand filters, disinfection, and step aeration.
(2) All new National Pollutant Discharge Elimination System (NPDES) wastewater discharges, except those for single family residences, shall comply with the following:
(A) Oxygen Consuming Wastes: Effluent limitations for oxygen consuming wastes shall be BOD5= 5 mg/l, NH3-N = 2 mg/l, and DO = 6 mg/l. More stringent limitations shall be set, if necessary, to ensure that the cumulative pollutant discharge of oxygen-consuming wastes does not cause the DO of the receiving water to drop more than 0.5 mg/l below background levels, and in no case below the standard. Where background information is not available, evaluations shall assume a percent saturation determined by staff to be applicable to that hydroenvironment.
(B) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/l for trout waters and HQW-classified PNAs and 20 mg/l for all other High Quality Waters.
(C) Disinfection: Alternative methods to chlorination shall be required for discharges to trout streams, except that single family residences may use chlorination if other options are not economically feasible, as determined on a case-by-case basis. Domestic discharges to SA waters shall be prohibited.
(D) Emergency Requirements: Reliable treatment designs shall be employed, such as stand-by power capability for entire treatment works, dual train design for all treatment components, or other reliable treatment designs in accordance with 15A NCAC 02H .0124.
(E) Volume: The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the total instream flow under 7Q10 conditions.
(F) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent limitations shall be set for phosphorus or nitrogen, or both.
(G) Toxic substances: In cases where complex wastes (those containing or potentially containing toxicants) may be present in a discharge, a safety factor shall be applied to any chemical or whole effluent toxicity allocation. The limit for a specific chemical constituent shall be allocated at one-half of the normal standard at design conditions. Whole effluent toxicity shall be allocated to protect for chronic toxicity at an effluent concentration equal to twice that which is acceptable under design conditions. In all instances there may be no acute toxicity in an effluent concentration of 90 percent. Ammonia toxicity shall be evaluated according to EPA guidelines promulgated in "Ambient Water Quality Criteria for Ammonia - 1984"; EPA document number 440/5-85-001; NITS number PB85-227114; July 29, 1985 (50 FR 30784) or "Ambient Water Quality Criteria for Ammonia (Saltwater) - 1989"; EPA document number 440/5-88-004; NTIS number PB89-169825. This material related to ammonia toxicity is available at no cost at and , and is hereby incorporated by reference including subsequent amendments and editions.
(3) All expanded NPDES wastewater discharges in High Quality Waters shall comply with Subparagraph (2) of this Paragraph, except for those existing discharges that expand with no increase in permitted pollutant loading.
(d) Development activities that require an Erosion and Sedimentation Control Plan in accordance with rules established by the NC Sedimentation Control Commission and which drain to and are within one mile of High Quality Waters (HQW) shall comply with the stormwater management rules as specified in 15A NCAC 02H .1019 (coastal county waters) or .1021 (non-coastal county waters).
(e) Waters Classified HQW with Specific Actions: Thorpe Reservoir [Little Tennessee River Basin, Index No. 2-79-23-(1)], including its tributaries, shall be managed with respect to wastewater discharges as required by Paragraph (c) of this Rule. Paragraph (d) of this Rule shall not apply to Thorpe Reservoir and its tributaries.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. October 1, 1995;
Amended Eff. August 1, 1998; April 1, 1996;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0225 WATER QUALITY STANDARDS FOR OUTSTANDING RESOURCE WATERS
(a) The Commission shall classify surface waters of the State as outstanding resource waters (ORW) upon finding, on a case-by-case basis, that such waters are of exceptional State or national recreational or ecological significance that require additional protection to maintain existing uses, as described in this Rule, and that the waters meet the following conditions:
(1) the water quality is rated as excellent based on physical, chemical or biological information; and
(2) the characteristics that make these waters of exceptional State or national recreational or ecological significance may not be protected by the assigned narrative and numerical water quality standards.
(b) For purposes of this Rule, a water body shall be deemed to be of exceptional State or national recreational or ecological significance if it exhibits one or more of the following ORW uses:
(1) there are outstanding fish or commercially-important aquatic species habitat and fisheries;
(2) there is a high level of water-based recreation or the potential for such recreation;
(3) the waters have received a designation such as a North Carolina or National Wild and Scenic River or a National Wildlife Refuge, which do not provide any water quality protection;
(4) the waters represent an important component of a State or national park or forest; or
(5) the waters are of ecological or scientific significance, such as habitat for rare or endangered species or as areas for research and education.
(c) Quality Standards for ORW.
(1) Freshwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site-specific basis during the proceedings to classify waters as ORW in accordance with Rule .0101 of the Subchapter. No new discharges or expansions of existing discharges shall be permitted, and stormwater controls for all new development activities requiring an Erosion and Sedimentation Control Plan in accordance with rules established by the NC Sedimentation Control Commission shall comply with the stormwater provisions set forth in 15A NCAC 02H .1000, including the specific stormwater management requirements for freshwater ORW areas set forth in 15A NCAC 02H .1019 and .1021.
(2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site-specific basis during the proceedings to classify waters as ORW in accordance with Rule .0101 of this Subchapter. New development shall comply with the stormwater provisions set forth in 15A NCAC 02H .1000, including the specific stormwater management requirements for saltwater ORW areas set forth in 15A NCAC 02H .1019 and .1021. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of "submerged aquatic vegetation habitat" or "shellfish producing habitat," defined in 15A NCAC 03I .0101, and incorporated by reference including subsequent amendments and editions, except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas, or maintenance dredging for activities such as agriculture. The Commission shall hold a public hearing before granting a permit to discharge to waters classified as ORW.
Additional, site-specific actions to protect resource values shall be considered during the proceedings to classify waters as ORW and shall be specified in Paragraph (d) of this Rule. These actions may include anything within the powers of the Commission, as set forth in G.S. 143-21 and G.S. 143B-282. The Commission shall also consider local actions that have been taken to protect a water body in determining the additional, site-specific actions.
(d) Listing of Waters Classified ORW with Specific Actions.
(1) Roosevelt Natural Area [White Oak River Basin, Index Nos. 20-36-9.5-(1) and 20-36-9.5-(2)], including all fresh and saline waters within the property boundaries of the natural area: New development on a site within 575 feet of and naturally draining to the Roosevelt Natural Area shall comply with the low density option in the stormwater rules set forth in 15A NCAC 02H .1019.
(2) Chattooga River ORW Area (Little Tennessee River Basin and Savannah River Drainage Area): the following undesignated waterbodies that are tributary to ORW designated segments shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per Rule .0203 of this Section. However, expansions of existing discharges to the following segments shall be allowed if there is no increase in pollutant loading:
(A) North and South Fowler Creeks and associated tributaries;
(B) Green and Norton Mill Creeks and associated tributaries;
(C) Cane Creek and associated tributaries;
(D) Ammons Branch and associated tributaries; and
(E) Glade Creek and associated tributaries.
(3) Henry Fork ORW Area (Catawba River Basin): the following undesignated waterbodies that are tributary to ORW designated segments shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per Rule .0203 of this Section:
(A) Ivy Creek and associated tributaries; and
(B) Rock Creek and associated tributaries.
(4) South Fork New and New Rivers ORW Area [New River Basin (Index Nos. 10-1-33.5 and 10)]: the following management strategies, in addition to the discharge requirements set forth in Subparagraph (c)(1) of this Rule, shall apply to the designated ORW areas:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within one mile of and that drains to the designated ORW areas;
(B) New or expanded National Pollutant Discharge Elimination System (NPDES) permitted wastewater discharges located upstream of the designated ORW (for the North Fork New River ORW area, see Subparagraph (14) of this Paragraph) shall be permitted such that the following water quality standards are maintained in the ORW segment:
(i) the total volume of treated wastewater for all upstream discharges combined shall not exceed 50 percent of the total instream flow in the designated ORW under 7Q10 conditions, which are defined in Rule .0206(a)(1) of this Section;
(ii) a safety factor shall be applied to any chemical allocation such that the effluent limitation for a specific chemical constituent shall be the more stringent of either the limitation allocated under design conditions pursuant to Rule .0206 of this Section for the normal standard at the point of discharge, or the limitation allocated under design conditions for one-half the normal standard at the upstream border of the ORW segment;
(iii) a safety factor shall be applied to any discharge of complex wastewater (those containing or potentially containing toxicants) to protect for chronic toxicity in the ORW segment by setting the whole effluent toxicity limitation at the higher effluent concentration determined under design conditions pursuant to Rule .0206 of this Section for either the instream effluent concentration at the point of discharge or twice the effluent concentration calculated as if the discharge were at the upstream border of the ORW segment;
(C) New or expanded NPDES permitted wastewater discharges located upstream of the designated ORW (for the North Fork New River ORW area, see Subparagraph (14) of this Paragraph) shall comply with the following:
(i) Oxygen Consuming Wastes: Effluent limitations for oxygen consuming wastes shall be BOD = 5 mg/1, and NH3-N = 2 mg/1;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/1 for trout waters and to 20 mg/1 for all other waters;
(iii) Emergency Requirements: Reliable treatment designs shall be employed, such as stand-by power capability for entire treatment works, dual train design for all treatment components, or other reliable treatment designs in accordance with 15A NCAC 02H .0124;
(iv) Nutrients: If nutrient overenrichment is projected to be a concern, effluent limitations shall be set for phosphorus, nitrogen, or both;
(5) Old Field Creek (New River Basin): the undesignated portion of Old Field Creek from its source to Call Creek shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per Rule .0203 of this Section;
(6) In the following designated waterbodies, no additional restrictions shall be placed on new or expanded marinas. The only new or expanded NPDES permitted discharges that shall be allowed shall be non-domestic, non-process industrial discharges. The Alligator River Area (Pasquotank River Basin), extending from the source of the Alligator River to the U.S. Highway 64 bridge, including New Lake Fork, North West Fork Alligator River, Juniper Creek, Southwest Fork Alligator River, Scouts Bay, Gum Neck Creek, Georgia Bay, Winn Bay, Stumpy Creek Bay, Stumpy Creek, Swann Creek (Swann Creek Lake), Whipping Creek (Whipping Creek Lake), Grapevine Bay, Rattlesnake Bay, The Straits, The Frying Pan, Coopers Creek, Babbitt Bay, Goose Creek, Milltail Creek, Boat Bay, Sandy Ridge Gut (Sawyer Lake) and Second Creek, but excluding the Intracoastal Waterway (Pungo River-Alligator River Canal) and all other tributary streams and canals;
(7) In the following designated waterbodies, the only type of new or expanded marina that shall be allowed shall be those marinas located in upland basin areas, or those with fewer than 10 slips having no boats over 24 feet in length and no boats with heads. The only new or expanded NPDES permitted discharges that shall be allowed shall be non-domestic, non-process industrial discharges:
(A) the Northeast Swanquarter Bay Area including all waters northeast of a line from a point at Lat. 35E 23N 51O and Long. 76E 21N 02O thence southeast along the Swanquarter National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation and depicted on the U.S. Fish and Wildlife Service Swanquarter National Wildlife Refuge map at , incorporated by reference) to Drum Point;
(B) the Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound Section of the Southeast Pamlico, Core and Back Sound Area); (Neuse River Basin) including all waters within an area defined by a line extending from the southern shore of Ocracoke Inlet northwest to the Tar-Pamlico River and Neuse River basin boundary, then southwest to Ship Point;
(C) the Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River Basin), including all waters of Core Sound and its tributaries, but excluding Nelson Bay, Little Port Branch and Atlantic Harbor at its mouth, and those tributaries of Jarrett Bay that are closed to shellfishing;
(D) the Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area (White Oak River Basin), including all waters within an area defined by a line from Bogue Inlet to the mainland at SR 1117 to a line across Bogue Sound from the southwest side of Gales Creek to Rock Point and including Taylor Bay and the Intracoastal Waterway;
(E) the Stump Sound Area (Cape Fear River Basin), including all waters of Stump Sound and Alligator Bay from marker Number 17 to the western end of Permuda Island, but excluding Rogers Bay, the Kings Creek Restricted Area, and Mill Creek; and
(F) the Topsail Sound and Middle Sound Area (Cape Fear River Basin), including all estuarine waters from New Topsail Inlet to Mason Inlet and including the Intracoastal Waterway and Howe Creek, but excluding Pages Creek and Futch Creek.
(8) In the following designated waterbodies, no new or expanded NPDES permitted discharges and only new or expanded marinas with fewer than 10 slips having no boats over 24 feet in length and no boats with heads shall be allowed:
(A) the Swanquarter Bay and Juniper Bay Area (Tar-Pamlico River Basin), including all waters within a line beginning at Juniper Bay Point and running south and then west below Great Island, then northwest to Shell Point and including Shell, Swanquarter, and Juniper Bays and their tributaries, but excluding all waters northeast of a line from a point at Lat. 35E 23N 51O and Long. 76E 21N 02O thence southeast along the Swanquarter National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation and depicted on the U.S. Fish and Wildlife Service Swanquarter National Wildlife Refuge map at , incorporated by reference) to Drum Point and also excluding the Blowout, Hydeland, Juniper, and Quarter Canals;
(B) the Back Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River Basin), including that area of Back Sound extending from Core Sound west along Shackleford Banks, then north to the westernmost point of Middle Marshes and along the northwest shore of Middle Marshes (to include all of Middle Marshes), then west to Rush Point on Harker's Island, and along the southern shore of Harker's Island back to Core Sound;
(C) the Bear Island Section of the Western Bogue Sound and Bear Island Area (White Oak River Basin), including all waters within an area defined by a line from the western most point on Bear Island to the northeast mouth of Goose Creek on the mainland, east to the southwest mouth of Queen Creek, then south to green marker No. 49, then northeast to the northern most point on Huggins Island, then southeast along the shoreline of Huggins Island to the southeastern most point of Huggins Island, then south to the northeastern most point on Dudley Island, then southwest along the shoreline of Dudley Island to the eastern tip of Bear Island; and
(D) the Masonboro Sound Area (Cape Fear River Basin), including all waters between the Barrier Islands and the mainland from Carolina Beach Inlet to Masonboro Inlet.
(9) Black and South Rivers ORW Area (Cape Fear River Basin) [Index Nos. 18-68-(0.5), 18-68-(3.5), 18-68-(11.5), 18-68-12-(0.5), 18-68-12-(11.5), and 18-68-2]: the following management strategies shall be required in addition to the discharge requirements specified in Subparagraph (c)(1) of this Rule:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within one mile of and that drains to the designated ORW areas;
(B) New or expanded NPDES permitted wastewater discharges located one mile upstream of the stream segments designated ORW (upstream on the designated mainstem and upstream into direct tributaries to the designated mainstem) shall comply with the following discharge restrictions:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD shall not exceed 5 mg/l and NH3-N shall not exceed 2 mg/l;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 20 mg/l;
(iii) Emergency Requirements: Reliable treatment designs shall be employed, such as stand-by power capability for entire treatment works, dual train design for all treatment components, or other reliable treatment designs in accordance with 15A NCAC 02H .0124;
(iv) Nutrients: If nutrient overenrichment is projected to be a concern, effluent limitations shall be set for phosphorus, nitrogen, or both.
(v) Toxic substances: If complex discharges (those containing or potentially containing toxicants) may be currently present in the discharge, a safety factor shall be applied to any chemical or whole effluent toxicity allocation. The limit for a specific chemical constituent shall be allocated at one-half of the normal standard at design conditions. Whole effluent toxicity shall be allocated to protect for chronic toxicity at an effluent concentration equal to twice that which is acceptable under flow design criteria pursuant to Rule .0206 of the Section.
(10) Lake Waccamaw ORW Area (Lumber River Basin) [Index No. 15-2]: all undesignated waterbodies that are tributary to Lake Waccamaw shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section;
(11) Swift Creek and Sandy Creek ORW Area (Tar-Pamlico River Basin) [portion of Index No. 28-78-(0.5) and Index No. 28-78-1-(19)]: all undesignated waterbodies that drain to the designated waters shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section and to protect outstanding resource values found in the designated waters as well as in the undesignated waters that drain to the designated waters;
(12) Fontana Lake North Shore ORW Area (Little Tennessee River Basin and Savannah River Drainage Area) [Index Nos. 2-96 through 2-164] (excluding all waterbodies that drain to the south shore of Fontana Lake) consists of the entire watersheds of all creeks that drain to the north shore of Fontana Lake between Eagle and Forney Creeks, including Eagle and Forney Creeks. In addition to the requirements set forth in Subparagraph (c)(1) of this Rule, any person conducting development activity disturbing greater than or equal to 5,000 square feet of land area in the designated ORW area shall undertake the following actions to protect the outstanding resource values of the designated ORW and downstream waters:
(A) investigate for the presence of and identify the composition of acid-producing rocks by exploratory drilling or other means and characterize the net neutralization potential of the acid-producing rocks prior to commencing the land-disturbing activity;
(B) to the maximum extent practicable, taking into account site-specific factors including technical and cost considerations as well as protection of water quality, avoid areas where acid-producing rocks are found with net neutralization potential of –5 or less;
(C) establish background levels of acidity and mineralization prior to commencing land-disturbing activity and monitor and maintain baseline water quality conditions for the duration of the land-disturbing activity and thereafter for a period of at least two years as determined by the Division as part of a certification issued in accordance with 15A NCAC 02H .0500 or stormwater permit issued pursuant to this Rule;
(D) obtain a NPDES permit for construction pursuant to Rule 15A NCAC 02H .0126 prior to initiating land-disturbing activity;
(E) design stormwater control systems to control and treat stormwater runoff from all surfaces generated by one inch of rainfall, in accordance with 15A NCAC 02H .1003(3), .1003(5), and .1050; and
(F) post development, replicate pre-development runoff characteristics and mimic the natural hydrology of the site.
(13) Horsepasture River ORW Area (Savannah Drainage Area) [Index No. 4-13-(0.5) and Index No. 4-13-(12.5)]: all undesignated waterbodies that are located within the Horsepasture River watershed shall comply with Subparagraph (c)(1) of this Rule in order to protect the designated waters as per Rule .0203 of this Section and to protect outstanding resource values throughout the watershed. However, new domestic wastewater discharges and expansions of existing wastewater discharges shall be allowed provided that:
(A) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD shall not exceed 5 mg/l and NH3-N shall not exceed 2 mg/l;
(B) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/1 for trout waters and to 20 mg/l for all other waters except for mining operations, which shall be held to their respective NPDES TSS permit limits;
(C) Nutrients: If nutrient overenrichment is projected to be a concern, effluent limitations shall be set for phosphorus, nitrogen, or both; and
(D) Volume: The total volume of treated wastewater for all discharges combined shall not exceed 25 percent of the total instream flow in the designated ORW under 7Q10 conditions, as defined in Rule .0206(a)(1) of this Section;
(14) North Fork New River ORW Area (New River Basin) [Index Nos. 10-2-(1), 10-2-(11) and 10-2-(12)]: all non-ORW waterbodies, including Little Buffalo Creek and Claybank Creek [Index Nos. 10-2-20-1 and 10-2-20-1-1], that are located within the North Fork New River watershed shall comply with Rule .0224 of this Section in order to protect the ORW designated waters.
History Note: Authority G.S. 143-214.1; S.L. 2005-97;
Eff. October 1, 1995;
Amended Eff. August 1, 2003 (see S.L. 2003-433, s.2); August 1, 2000; April 1, 1996; January 1, 1996;
Temporary Amendment Eff. October 7, 2003;
Amended Eff. December 1, 2010; July 1, 2009; January 1, 2007; June 1, 2004;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0226 EXEMPTIONS FROM SURFACE WATER QUALITY STANDARDS
Variances from applicable standards, revisions to water quality standards or site-specific water quality standards may be granted by the Commission on a case-by-case basis pursuant to G.S. 143-215.3(e), 143-214.3 or 143-214.1. A listing of existing variances shall be maintained and made available to the public by the Division. Exemptions established pursuant to this Rule shall be reviewed as part of the Triennial Review of Water Quality Standards conducted pursuant to 40 CFR 131.10(g).
History Note: Authority G.S. 143-214.1; 143-214.3; 143-215.3(e);
Eff. October 1, 1995;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0227 WATER QUALITY MANAGEMENT PLANS
(a) In implementing the water quality standards to protect the "existing uses" [as defined by Rule .0202 of this Section] of the waters of the State or the water quality that supports those uses, the Commission shall develop water quality management plans on a priority basis to attain, maintain or enhance water quality throughout the State. Additional specific actions deemed necessary by the Commission to protect the water quality or the existing uses of the waters of the State shall be specified in Paragraph (b) of this Rule. These actions may include anything within the powers of the Commission, as set forth in G.S. 143, Article 21 and G.S. 143B-282. The Commission may also consider local actions that have been taken to protect a waterbody in determining the appropriate protection options to be incorporated into the water quality management plan.
(b) All waters determined by the Commission to be protected by a water quality management plan are listed with specific actions either in Rules .0601 - .0608 of this Subchapter that address the Goose Creek watershed (Yadkin Pee-Dee River Basin) or as follows:
(1) The Lockwoods Folly River Area (Lumber River Basin), which includes all waters of the lower Lockwoods Folly River in an area extending north from the Intracoastal Waterway to a line extending from Genoes Point to Mullet Creek, shall be protected by the specific actions described in Parts (A) through (D) of this Subparagraph.
(A) New development activities within 575' of the mean high water line that require a Sedimentation Erosion Control Plan or a CAMA major development permit shall comply with the low density option of the coastal stormwater requirements as specified in 15A NCAC 02H .1005(3)(a).
(B) New or expanded NPDES permits shall be issued only for non-domestic, non-industrial process type discharges, such as non-industrial process cooling or seafood processing discharges. Pursuant to 15A NCAC 02H .0111, a public hearing shall be mandatory for any proposed (new or expanded) NPDES permit to this protected area.
(C) New or expanded marinas shall be located in upland basin areas.
(D) No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of "submerged aquatic vegetation habitat" or "shellfish producing habitat" that are defined in 15A NCAC 03I .0101, except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the protected area or maintenance dredging for activities such as agriculture.
(2) A part of the Cape Fear River (Cape Fear River Basin) comprised of a section of Index No.18-(71) from upstream mouth of Toomers Creek to a line across the river between Lilliput Creek and Snows Cut shall be protected by the Class SC standards as well as the following site-specific action: All new individual NPDES wastewater discharges and expansions of existing individual NPDES wastewater discharges shall be required to provide treatment for oxygen consuming wastes as described in Parts (A) and (B) of this Subparagraph.
(A) Effluent limitations shall be as follows: BOD5 = 5 mg/l, NH3-N = 1 mg/l and DO = 6 mg/l, or utilize site-specific best available technology on a case-by-case basis for industrial discharges in accordance with Rule .0406 (e) of this Subchapter.
(B) Seasonal effluent limits for oxygen consuming wastes shall be considered in accordance with Rule .0404 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.8A;
Eff. October 1, 1995;
Amended Eff. June 30, 2017; January 1, 1996;
Readopted Eff. November 1, 2019;
Amended Eff. July 1, 2021.
15A NCAC 02B .0228 EFFLUENT CHANNELS
The standards of water quality contained in this Section shall not apply to waters within effluent channels, as defined in Rule .0202 of this Section, except that said waters shall be maintained at a quality that shall prevent the occurrence of offensive conditions, protect public health, and allow maintenance of the standards applicable to all downstream waters. Effluent channels shall be designated by the Director on a case-by-case basis prior to permit issuance. To be designated as such, effluent channels shall:
(1) be contained entirely on property owned (or otherwise controlled) by the discharger, as demonstrated by land records, deeds, contracts, written agreements, or other legal instruments;
(2) not contain natural waters except when such waters occur in direct response to rainfall events by overland runoff; and
(3) be so constructed or modified as to minimize the migration of fish into said channel.
History Note: Authority G.S. 143-214.1;
Eff. October 1, 1995;
Amended Eff. January 1, 1996;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0229 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: NUTRIENT OFFSET PAYMENTS FOR NON-TAR-PAMLICO BASIN ASSOCIATION MEMBERS (Recodified to 15A NCAC 02B .0733 Eff. April 1, 2020)
15A ncac 02b .0230 ACTIVITIES DEEMED TO COMPLY WITH WETLANDS STANDARDS
(a) The following activities for which Section 404 permits are not required pursuant to Section 404(f)(1) of the Clean Water Act and which are not recaptured into the permitting process pursuant to Section 404(f)(2) are deemed to be in compliance with wetland standards in 15A NCAC 02B .0231 provided that they comply with the most current versions of the federal regulations to implement Section 404 (f)(US Environmental Protection Agency and US Army Corps of Engineers including 40 C.F.R. 232.3) and the Sedimentation Pollution Control Act, G.S. 113A, Article 4:
(1) normal, on-going silviculture, farming, and ranching activities, such as plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices, provided that relevant silvicultural activities comply with U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Memorandum to the Field entitled "Application of Best Management Practices to Mechanical Silvicultural Site Preparation Activities for the Establishment of Pine Plantations in the Southeast", November 28, 1995 which is available at no cost at and is hereby incorporated by reference including any subsequent amendments and editions;
(2) maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures, and other maintenance, repairs or modification to existing structures as required by the NC Dam Safety Program. Information about the NC Dam Safety Program can be found at ;
(3) construction and maintenance of farm or stock ponds or irrigation ditches. In addition, new pond construction in designated river basins with riparian buffer protection programs as set forth in this Subchapter shall comply with the applicable requirements of the riparian buffer protection rules as set forth in this Subchapter.
(4) maintenance of drainage ditches, provided that spoil is removed to high ground, placed on top of previous spoil, or placed parallel to one side or the other of the ditch within a distance of 20 feet and spoils are placed in a manner that minimizes damages to existing wetlands; and ditch maintenance is no greater than the original depth, length and width of the ditch;
(5) construction of temporary sediment control measures or best management practices as required by the NC Erosion and Sediment Control Program on a construction site, provided that the temporary sediment control measures or best management practices are restored to natural grade and stabilized within two months of completion of the project and native woody vegetation is reestablished during the next appropriate planting season and maintained. Information about the NC Erosion and Sediment Control Program can be found at ; and
(6) construction or maintenance of farm roads, forest roads, and temporary roads for moving mining equipment where such roads are constructed and maintained in accordance with best management practices, as defined in 40 C.F.R. 232.3 (c)(6)(i-xv), to assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of navigable waters is not reduced, and that any adverse effects on the aquatic environment will be otherwise minimized.
(b) Where the Director determines, in consultation with the US Army Corps of Engineers or the US Environmental Protection Agency, and considering existing or projected environmental impact, that an activity is not exempt from permitting under Section 404(f), or where the appropriate Best Management Practices are not implemented and maintained in accordance with Paragraph (a) of this Rule, the Director may require restoration of the wetlands as well as imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties) and G.S. 143-215.6C (injunctive relief).
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215; 143-215.3; 143-215.6A; 143-215.6B; 143-215.6C;
Temporary Adoption Eff. November 24, 1999;
Eff. April 1, 2001;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0231 WETLAND STANDARDS
(a) Wetlands shall be assigned to one of the following classifications:
(1) Class WL: waters that meet the definition of wetlands as defined in Rule .0202 of this Section except those designated as SWL; or
(2) Class SWL: waters that meet the definition of coastal wetlands as defined by 15A NCAC 07H .0205, which are landward of the mean high water line, and wetlands contiguous to estuarine waters as defined by 15A NCAC 07H .0206.
In addition, the EMC may classify wetlands as unique wetlands (Class UWL) that are of exceptional State or national ecological significance which require special protection to maintain existing uses. Class UWL wetlands may include wetlands that have been documented as habitat essential for the conservation of State or federally listed threatened or endangered species.
(b) The water quality standards for all wetlands are designed to protect, preserve, restore, and enhance the quality and uses of wetlands and other waters of the State influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention;
(2) Moderation of water level fluctuations;
(3) Hydrologic functions, including groundwater discharge that contributes to maintain dry weather streamflow and, at other locations or times, groundwater recharge that replenishes the groundwater system;
(4) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise have an adverse impact, as defined in 15A NCAC 02H .1002, on the quality of other waters of the State;
(5) Shoreline protection against erosion through the dissipation of wave energy and water velocity and stabilization of sediments;
(6) Habitat for the propagation of resident wetland-dependent aquatic organisms, including fish, crustaceans, mollusks, insects, annelids, planktonic organisms, and the plants and animals upon which these aquatic organisms feed and depend upon for their needs in all life stages; and
(7) Habitat for the propagation of resident wetland-dependent wildlife species, including mammals, birds, reptiles, and amphibians for breeding, nesting, cover, travel corridors, and food.
(c) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified in Paragraph (b) of this Rule:
(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that may cause adverse impacts on existing wetland uses;
(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses;
(4) Materials that adversely affect the palatability of fish or aesthetic quality of the wetland shall not be present in amounts that may cause adverse impacts on existing wetland uses;
(5) Concentrations or combinations of substances that are toxic or harmful to human, animal, or plant life shall not be present in amounts which individually or cumulatively may cause adverse impacts on existing wetland uses;
(6) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent detrimental impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(7) The populations of wetland flora and fauna shall be maintained to protect biological integrity as defined in Rule .0202 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Eff. October 1, 1996;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0232 NEUSE RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: BASIN NUTRIENT REDUCTION GOAL (recodified to 15A NCAC 02B .0710 Eff. April 1, 2020)
15a ncac 02b .0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1995, c. 572;
Temporary Adoption Eff. July 22, 1997;
Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998;
Eff. August 1, 2000;
Transferred to 15A NCAC 02B .0610, .0611, .0612, and .0714 Eff. June 15, 2020.
15a ncac 02b .0234 NEUSE RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: WASTEWATER DISCHARGE REQUIREMENTS (recodified to 15A NCAC 02B .0713 eff. April 1, 2020)
15A NCAC 02B .0235 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: BASINWIDE STORMWATER REQUIREMENTS (recodified to 15A NCAC 02B .0711 Eff. April 1, 2020)
15A NCAC 02B .0236 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NITROGEN LOADING REDUCTION
History Note: Authority G.S. 143.214.1; 143.214.7; 143.215.3(a)(1);
Eff. August 1, 1998;
Repealed Eff. April 1, 2020.
15A NCAC 02B .0237 BEST MANAGEMENT PRACTICE COST-EFFECTIVENESS RATE
History Note: Authority G.S. 143-214.1;
Eff. April 1, 1997;
Repealed Eff. April 1, 2020.
15A NCAC 02B .0238 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NITROGEN REDUCTION STRATEGY (recodified to 15A NCAC 02B .0712 Eff. April 1, 2020)
15A NCAC 02B .0239 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: NUTRIENT MANAGEMENT
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. August 1, 1998;
Repealed Eff. April 1, 2020.
15A NCAC 02B .0240 Nutrient Offset Payments (Recodified to 15A nCAc 02B .0703 Eff. April 1, 2020)
15A NCAC 02B .0241 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998 c. 221;
Eff. August 1, 2000;
Transferred to 15A NCAC 02B .0715 Eff. June 15, 2020.
15A NCAC 02B .0242 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998, c. 221;
Temporary Adoption Eff. June 22, 1999;
Eff. August 1, 2000;
Repealed Eff. October 24, 2014.
15a ncac 02b .0243 CATAWBA RIVER BASIN: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999-329, s. 7.1; S.B 824-2003;
Temporary Adoption Eff. June 30, 2001; (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-340);
Eff. August 1, 2004;
Transferred to 15A NCAC 02B .0610, .0611, .0612, and.0614 Eff. June 15, 2020.
15A NCAC 02B .0244 CATAWBA RIVER BASIN: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS IN THE CATAWBA RIVER BASIN
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999, c. 329, s. 7.1; S.B. 824-2003;
Temporary Adoption Eff. June 30, 2001 (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-340);
Eff. August 1, 2004;
Repealed Eff. October 24, 2014.
15A NCAC 02B .0245 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0246 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0247 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0248 RANDLEMAN LAKE WATER SUPPLY WATERSHED: NUTRIENT MANAGEMENT STRATEGY
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff. April 1, 1999;
Amended Eff. May 1, 2010;
Transferred to 15A NCAC 02B .0720 Eff. June 15, 2020.
15A NCAC 02B .0249 RANDLEMAN LAKE WATER SUPPLY WATERSHED: WASTEWATER DISCHARGE REQUIREMENTS
History Note: Authority G. S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Transferred to 15A NCAC 02B .0722 Eff. June 15, 2020.
15A NCAC 02B .0250 RANDLEMAN LAKE WATER SUPPLY WATERSHED: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Amended Eff. June 1, 2010;
Transferred to 15A NCAC 02B .0610, .0611, .0612, and .0724 Eff. June 15, 2020.
15A NCAC 02B .0251 RANDLEMAN LAKE WATER SUPPLY WATERSHED: STORMWATER REQUIREMENTS
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. April 1, 1999;
Transferred to 15A NCAC 02B .0721 Eff. June 15, 2020.
15A NCAC 02B .0252 RANDLEMAN LAKE WATER SUPPLY WATERSHED: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1998, c. 221;
Eff. June 1, 2010;
Repealed Eff. October 24, 2014.
15A NCAC 02B .0253 - .0254 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0255 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NUTRIENT LOADING GOALS
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff. April 1, 2001;
Repealed Eff. April 1, 2020.
15A NCAC 02B .0256 TAR-PAMLICO RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NUTRIENT CONTROL STRATEGY (Recodified to 15A NCAC 02B .0732 Eff. April 1, 2020)
15A NCAC 02B .0257 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: NUTRIENT MANAGEMENT
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d);
Eff. April 1, 2001;
Repealed Eff. April 1, 2020.
15A ncac 02b .0258 TAR-PAMLICO RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: BASINWIDE STORMWATER REQUIREMENTS (Recodified to 15A NCAC 02B .0731 Eff. April 1, 2020)
15A NCAC 02B .0259 TAR-PAMLICO RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d); S.L. 1999-329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Transferred to 15A NCAC 02B .0610, .0611, .0612, and .0734 Eff. June 15, 2020.
15A NCAC 02B .0260 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: MITIGATION PROGRAM FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d); S.L. 1999, c. 329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Repealed Eff. October 24, 2014.
15A NCAC 02B .0261 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d); S.L. 1999-329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Transferred to 15A NCAC 02B .0735 Eff. June 15, 2020.
15a ncac 02B .0262 jordan water supply nutrient strategy: purpose and scope
PURPOSE. The purpose of this Rule, 15A NCAC 02B .0263 through .0273 and .0311(p) shall be to restore and maintain nutrient-related water quality standards in B. Everett Jordan Reservoir; protect its classified uses as set out in 15A NCAC 02B .0216, including use as a source of water supply for drinking water, culinary and food processing purposes; and maintain or enhance protections currently implemented by local governments in existing water supply watersheds. These Rules, as further enumerated in Item (3) of this Rule, together shall constitute the Jordan water supply nutrient strategy, or Jordan nutrient strategy. Additional provisions of this Rule include establishing the geographic and regulatory scope of the Jordan nutrient strategy, defining its relationship to existing water quality regulations, setting specific nutrient mass load goals for Jordan Reservoir, providing for the use of adaptive management to restore Jordan Reservoir, and citing general enforcement authorities. The following provisions further establish the framework of the Jordan water supply nutrient strategy:
(1) SCOPE. B. Everett Jordan Reservoir is hereafter referred to as Jordan Reservoir. All lands and waters draining to Jordan Reservoir are hereafter referred to as the Jordan watershed. Jordan Reservoir and all waters draining to it have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02B .0101(e)(3) and 15A NCAC 02B .0223. Water supply waters designated WS-II, WS-III, and WS-IV within the Jordan watershed shall retain their classifications. The remaining waters in the Jordan watershed are classified WS-V as of the initial effective date of this Rule, August 11, 2009. The requirements of all of these water supply classifications shall be retained and applied except as specifically noted in Item (6) of this Rule and elsewhere within the Jordan nutrient strategy. Pursuant to G.S. 143-214.5(b), the entire Jordan watershed shall be designated a critical water supply watershed and through the Jordan nutrient strategy given additional, more stringent requirements than the state minimum water supply watershed management requirements. These requirements supplement the water quality standards applicable to Class C waters, as described in Rule .0211 of this Section, which apply throughout the Jordan watershed.
(2) STRATEGY GOAL. Pursuant to G.S. 143-215.1(c5), 143-215.8B, and 143B-282(c) and (d) of the Clean Water Responsibility Act of 1997, the Environmental Management Commission establishes the goal of reducing the average annual loads of nitrogen and phosphorus delivered to Jordan Reservoir from all point and nonpoint sources of these nutrients located within its watershed, as specified in Item (5) of this Rule, and provides for adaptive management of the strategy and goal, as specified in Item (8) of this Rule.
(3) RULES ENUMERATED. The second rule in the following list provides definitions for terms that are used in more than one rule of the Jordan nutrient strategy. An individual rule may contain additional definitions that are specific to that Rule. The rules of the Jordan nutrient strategy are titled as follows:
(a) Rule. 0262 - Purpose and Scope;
(b) Rule. 0263 - Definitions;
(c) Rule. 0264 - Agriculture;
(d) Rule. 0265 - Stormwater Management for New Development;
(e) Rule. 0266 - Stormwater Management for Existing Development;
(f) Rule. 0267 - Protection of Existing Riparian Buffers;
(g) Rule. 0268 - Mitigation for Riparian Buffers;
(h) Rule. 0269 - Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program;
(i) Rule. 0270 - Wastewater Discharge Requirements;
(j) Rule. 0271 - Stormwater Requirements for State and Federal Entities;
(k) Rule. 0272 - Fertilizer Management;
(l) Rule. 0273 - Options for Offsetting Nutrient Loads; and
(m) Rule. 0311 - Cape Fear River Basin.
(4) RESERVOIR ARMS AND SUBWATERSHEDS. For the purpose of the Jordan nutrient strategy, Jordan Reservoir is divided into three arms and the Jordan watershed is divided into three tributary subwatersheds as follows:
(a) The Upper New Hope arm of the reservoir, identified by index numbers 16-41-1-(14), 16-41-2-(9.5), and 16-41-(0.5) in the Schedule of Classifications for the Cape Fear River Basin, 15A NCAC 02B .0311, encompasses the upper end of the reservoir upstream of SR 1008, and its subwatershed encompasses all lands and waters draining into it.
(b) The Lower New Hope arm of the reservoir, identified by index number 16-41-(3.5) in the Schedule of Classifications for the Cape Fear River Basin, 15A NCAC 02B .0311, lies downstream of SR 1008 and upstream of the Jordan Lake Dam, excluding the Haw River arm of the reservoir, and its subwatershed encompasses all lands and waters draining into the Lower New Hope arm of the reservoir excluding those that drain to the Upper New Hope arm of the reservoir and the Haw River arm of the reservoir.
(c) The Haw River arm of the reservoir, identified by index number 16-(37.5) in the Schedule of Classifications for the Cape Fear River Basin, 15A NCAC 02B .0311, lies immediately upstream of Jordan Lake Dam, and its subwatershed includes all lands and waters draining into the Haw River arm of the reservoir excluding those draining into the Upper and Lower New Hope arms.
(5) NUTRIENT REDUCTION GOALS. Each arm of the lake has reduction goals, total allowable loads, point source wasteload allocations, and nonpoint source load allocations for both nitrogen and phosphorus based on a field-calibrated nutrient response model developed pursuant to provisions of G.S. 143-215.1(c5). The reduction goals and allocations shall be met collectively by the sources regulated under the Jordan nutrient strategy. The reduction goals are expressed in terms of a percentage reduction in delivered loads from the baseline years, 1997-2001, while allocations are expressed in pounds per year of allowable delivered load. Each arm and subwatershed shall conform to its respective allocations for nitrogen and phosphorus as follows:
(a) The at-lake nitrogen goals for the arms of Jordan Reservoir are as follows:
(i) The Upper New Hope arm has a 1997-2001 baseline nitrogen load of 986,186 pounds per year and a nitrogen Total Maximum Daily Load (TMDL) reduction goal of 35 percent. The resulting TMDL includes a total allowable load of 641,021 pounds of nitrogen per year: a point source mass wasteload allocation of 336,079 pounds of nitrogen per year, and a nonpoint source mass load allocation of 304,942 pounds of nitrogen per year.
(ii) The Lower New Hope arm has a 1997-2001 baseline nitrogen load of 221,929 pounds per year and a nitrogen TMDL capped at the baseline nitrogen load. The resulting TMDL includes a total allowable load of 221,929 pounds of nitrogen per year: a point source mass wasteload allocation of 6,836 pounds of nitrogen per year, and a nonpoint source mass load allocation of 215,093 pounds of nitrogen per year.
(iii) The Haw River arm has a 1997-2001 baseline nitrogen load of 2,790,217 pounds per year and a nitrogen TMDL reduction goal of eight percent. The resulting TMDL includes a total allowable load of 2,567,000 pounds of nitrogen per year: a point source mass wasteload allocation of 895,127 pounds of nitrogen per year, and a nonpoint source mass load allocation of 1,671,873 pounds of nitrogen per year.
(b) The at-lake phosphorus goals for the arms of Jordan Reservoir are as follows:
(i) The Upper New Hope arm has a 1997-2001 baseline phosphorus load of 87,245 pounds per year and a phosphorus TMDL reduction goal of five percent. The resulting TMDL includes a total allowable load of 82,883 pounds of phosphorus per year: a point source mass wasteload allocation of 23,108 pounds of phosphorus per year, and a nonpoint source mass load allocation of 59,775 pounds of phosphorus per year.
(ii) The Lower New Hope arm has a 1997-2001 baseline phosphorus load of 26,574 pounds per year and a phosphorus TMDL capped at the baseline phosphorus load. The resulting TMDL includes a total allowable load of 26,574 pounds of phosphorus per year: a point source mass wasteload allocation of 498 pounds of phosphorus per year, and a nonpoint source mass load allocation of 26,078 pounds of phosphorus per year.
(iii) The Haw River arm has a 1997-2001 baseline phosphorus load of 378,569 pounds per year and a phosphorus TMDL reduction goal of five percent. The resulting TMDL includes a total allowable load of 359,641 pounds of phosphorus per year: a point source mass wasteload allocation of 106,001 pounds of phosphorus per year, and a nonpoint source mass load allocation of 253,640 pounds of phosphorus per year.
(c) The allocations established in this Item may change as a result of allocation transfer between point and nonpoint sources to the extent provided for in rules of the Jordan nutrient strategy and pursuant to requirements on the sale and purchase of load reduction credit set out in 15A NCAC 02B .0273.
(6) RELATION TO WATER SUPPLY REQUIREMENTS. The following water supply requirements shall apply:
(a) For all waters designated as WS-II, WS-III, or WS-IV within the Jordan watershed, the requirements of water supply 15A NCAC 02B .0214 through .0216 shall remain in effect with the exception of Sub-Item (3)(b) of those Rules addressing nonpoint sources. The nonpoint source requirements of Sub-Item (3)(b) of those Rules are superseded by the requirements of this Rule and 15A NCAC 02B .0263 through .0269, and .0271 through .0273, except as specifically stated in any of these Rules. For WS-II, WS-III, and WS-IV waters, the retained requirements of 15A NCAC 02B .0214 through .0216 are the following:
(i) Item (1) of 15A NCAC 02B .0214 through .0216 addressing best usages;
(ii) Item (2) of 15A NCAC 02B .0214 through .0216 addressing predominant watershed development conditions, discharges expressly allowed watershed-wide, general prohibitions on and allowances for domestic and industrial discharges, Maximum Contaminant Levels following treatment, and the local option to seek more protective classifications for portions of existing water supply watersheds;
(iii) Sub-Item (3)(a) of 15A NCAC 02B .0214 through .0216 addressing waste discharge limitations; and
(iv) Sub-Items (3)(c) through (3)(h) of 15A NCAC 02B .0214 through .0216 addressing aesthetic and human health standards.
(b) For waters designated WS-V in the Jordan Watershed, the requirements of Rules .0263 through .0273 and .0311 of this Subchapter shall apply. The requirements of 15A NCAC 02B .0218 shall also apply except for Sub-Items (3)(e) through (3)(h) of that Rule, which shall only apply where:
(i) The designation of WS-V is associated with a water supply intake used by an industry to supply drinking water for their employees; or
(ii) Standards set out in 15A NCAC 02B .0218(3)(e) through (3)(h) are violated at the upstream boundary of waters within those watersheds that are classified as WS-II, WS-III, or WS-IV. This Sub-Item shall not be construed to alter the nutrient reduction requirements set out in 15A NCAC 02B .0262(5) or 15A NCAC 2B .0275(3).
(7) APPLICABILITY. Types of parties responsible for implementing rules within the Jordan nutrient strategy and, as applicable, their geographic scope of responsibility, are identified in each rule. The specific local governments responsible for implementing Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter shall be as follows:
(a) Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter shall be implemented by all incorporated municipalities, as identified by the Office of the Secretary of State, with planning jurisdiction within or partially within the Jordan watershed. As of August 11, 2009, those municipalities are:
(i) Alamance;
(ii) Apex;
(iii) Burlington;
(iv) Carrboro;
(v) Cary;
(vi) Chapel Hill;
(vii) Durham;
(viii) Elon;
(ix) Gibsonville;
(x) Graham;
(xi) Green Level;
(xii) Greensboro;
(xiii) Haw River;
(xiv) Kernersville;
(xv) Mebane;
(xvi) Morrisville;
(xvii) Oak Ridge;
(xviii) Ossipee;
(xix) Pittsboro;
(xx) Pleasant Garden;
(xxi) Reidsville;
(xxii) Sedalia;
(xxiii) Stokesdale;
(xxiv) Summerfield; and
(xxv) Whitsett.
(b) Rules .0265, .0266, .0267, .0268, and .0273 of this Subchapter shall be implemented by the following counties for the portions of the counties where the municipalities listed in Sub-Item (7)(a) do not have an implementation requirement:
(i) Alamance;
(ii) Caswell;
(iii) Chatham;
(iv) Durham;
(v) Guilford;
(vi) Orange;
(vii) Rockingham; and
(viii) Wake.
(c) A unit of government may arrange through interlocal agreement or other instrument of mutual agreement for another unit of government to implement portions or the entirety of a program required or allowed under any of the rules listed in Item (3) of this Rule to the extent that such an arrangement is otherwise allowed by statute. The governments involved shall submit documentation of any such agreement to the Division. No such agreement shall relieve a unit of government from its responsibilities under these Rules.
(8) ADAPTIVE MANAGEMENT. The Division shall evaluate the effectiveness of the Jordan nutrient strategy no sooner than ten years following the effective date and periodically thereafter as part of the review of the Cape Fear River Basinwide Water Quality Plan. The Division shall base its evaluation on, at a minimum, trend analyses as described in the monitoring section of the B. Everett Jordan Reservoir, North Carolina Nutrient Management Strategy and Total Maximum Daily Load, and lake use support assessments. Both of these documents can be found on the Division's website at . The Division may also develop additional watershed modeling or other source characterization work. Any nutrient response modeling and monitoring on which any recommendation for adjustment to strategy goals may be based shall meet the criteria set forth in G.S. 143-215.1(c5) and meet or exceed criteria used by the Division for the monitoring and modeling used to establish the goals in Item (5) of this Rule. Any modification to these Rules as a result of such evaluations would require additional rulemaking.
(9) LIMITATION. The Jordan nutrient strategy may not fully address significant nutrient sources in the Jordan watershed in that these Rules do not directly address atmospheric sources of nitrogen to the watershed from sources located both within and outside of the watershed. As better information becomes available from ongoing research on atmospheric nitrogen loading to the watershed from these sources, and on measures to control this loading, the Commission may undertake separate rule making to require such measures it deems necessary from these sources to support the goals of the Jordan nutrient strategy.
(10) ENFORCEMENT. Failure to meet requirements of Rules .0262, .0264, .0265, .0266, .0267, .0268, .0269, .0270, .0271, .0272 and .0273 of this Subchapter may result in imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2012-187;
Eff. August 11, 2009;
Amended Eff. January 1, 2014; September 1, 2011.
15A NCAC 02B .0263 JORDAN WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS
The following words and phrases, which are not defined in G.S. 143, Article 21, shall be interpreted as follows for the purposes of the Jordan nutrient strategy:
(1) "Allocation" means the mass quantity of nitrogen or phosphorus that a discharger, group of dischargers, nonpoint source, or collection of nonpoint sources is assigned as part of a TMDL. For point sources, possession of allocation does not authorize the discharge of nutrients but is prerequisite to such authorization through a NPDES permit.
(2) "Applicator" means the same as defined in 15A NCAC 02B .0202(4).
(3) "Channel" means a natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
(4) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
(5) "Delivered," as in delivered allocation, load, or limit, means the allocation, load, or limit that is measured or predicted at Jordan Reservoir. A delivered value is equivalent to a discharge value multiplied by the transport factor for that discharge location.
(6) "Development" means the same as defined in 15A NCAC 02B .0202(23).
(7) "Discharge," as in discharge allocation, load, or limit means the allocation, load, or limit that is measured at the point of discharge into surface waters in the Jordan watershed. A discharge value is equivalent to a delivered value divided by the transport factor for that discharge location.
(8) "Ditch or canal" means a man-made channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams.
(9) "Ephemeral stream" means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water.
(10) "Existing development" means development, other than that associated with agricultural or forest management activities, that meets one of the following criteria:
(a) It either is built or has established a vested right based on statutory or common law as interpreted by the courts, for projects that do not require a state permit, as of the effective date of either local new development stormwater programs implemented under 15A NCAC 02B .0265 or, for projects requiring a state permit, as of the applicable compliance date established in 15A NCAC 02B .0271(5) and (6); or
(b) It occurs after the compliance date set out in Sub-Item (4)(d) of Rule .0265 but does not result in a net increase in built-upon area.
(11) "Intermittent stream" means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.
(12) "Jordan nutrient strategy," or "Jordan water supply nutrient strategy" means the set of 15A NCAC 02B .0262 through .0273 and .0311(p).
(13) "Jordan Reservoir" means the surface water impoundment operated by the US Army Corps of Engineers and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan nutrient strategy in 15A NCAC 02B .0262(4).
(14) "Jordan watershed" means all lands and waters draining to B. Everett Jordan Reservoir.
(15) "Load" means the mass quantity of a nutrient or pollutant released into surface waters over a given time period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or an equivalent "discharge load."
(16) "Load allocation" means the same as set forth in federal regulations 40 CFR 130.2(g), which is incorporated herein by reference, including subsequent amendments and editions. These regulations may be obtained at no cost from or from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
(17) "Modified natural stream" means an on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
(18) "New development" means any development project that does not meet the definition of existing development set out in this Rule.
(19) "Nitrogen" or "total nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in a water or wastewater.
(20) "NPDES" means National Pollutant Discharge Elimination System, and connotes the permitting process required for the operation of point source discharges in accordance with the requirements of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
(21) "Nutrients" means total nitrogen and total phosphorus.
(22) "Perennial stream" means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
(23) "Perennial waterbody" means a natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose of the State's riparian buffer protection program, the waterbody must be part of a natural drainage way (i.e., connected by surface flow to a stream).
(24) "Phosphorus" or "total phosphorus" means the sum of the orthophosphate, polyphosphate, and organic forms of phosphorus in a water or wastewater.
(25) "Stream" means a body of concentrated flowing water in a natural low area or natural channel on the land surface.
(26) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground waters.
(27) "Technical specialist" means the same as defined in 15A NCAC 06H .0102(9).
(28) "Total Maximum Daily Load," or "TMDL," means the same as set forth in federal regulations 40 CFR 130.2(i) and 130.7(c)(1), which are incorporated herein by reference, including subsequent amendments and editions. These regulations may be obtained at no cost from or from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
(29) "Total nitrogen" or "nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in a water or wastewater.
(30) "Total phosphorus" or "phosphorus" means the sum of the orthophosphate, polyphosphate, and organic forms of phosphorus in a water or wastewater.
(31) "Transport factor" means the fraction of a discharged nitrogen or phosphorus load that is delivered from the discharge point to Jordan Reservoir, as determined in an approved TMDL.
(32) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches.
(33) "Wasteload" means the mass quantity of a nutrient or pollutant released into surface waters by a wastewater discharge over a given time period. Wasteloads may be expressed in terms of pounds per year and may be expressed as "delivered wasteload" or an equivalent "discharge wasteload."
(34) "Wasteload allocation" means the same as set forth in federal regulations 40 CFR 130.2(h), which is incorporated herein by reference, including subsequent amendments and editions. These regulations may be obtained at no cost from or from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009.
15a ncac 02b .0264 jordan water supply nutrient strategy: agriculture
(See S.L. 2013-395)
This Rule sets forth a process by which agricultural operations in the Jordan watershed will collectively limit their nitrogen and phosphorus loading to the Jordan Reservoir, as prefaced in Rule 15A NCAC 02B .0262. This process is as follows:
(1) PURPOSE. The purposes of this Rule are to achieve and maintain the percentage reduction goals defined in Rule 15A NCAC 02B .0262 for the collective agricultural loading of nitrogen and phosphorus from their respective 1997-2001 baseline levels, to the extent that best available accounting practices will allow. This Rule aims to achieve the goals set out in 15A NCAC 02B .0262 within six to nine years, as set out in Sub-Item (5)(b) of this Rule. Additionally this Rule will protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed.
(2) PROCESS. This Rule requires accounting for agricultural land management practices at the county and subwatershed levels in the Jordan watershed, and implementation of practices by farmers in these areas to collectively achieve the nutrient reduction goals on a county and subwatershed basis. Producers may be eligible to obtain cost share and technical assistance from the NC Agriculture Cost Share Program and similar federal programs to contribute to their counties' nutrient reductions. A Watershed Oversight Committee, and if needed Local Advisory Committees, will develop strategies, coordinate activities, and account for progress.
(3) LIMITATION. This Rule may not fully address significant nutrient sources relative to agriculture in that it does not directly address atmospheric sources of nitrogen to the Jordan watershed from agricultural operations located both within and outside of the Jordan watershed. As better information becomes available from ongoing research on atmospheric nitrogen loading to the Jordan watershed from these sources, and on measures to control this loading, the Commission may undertake separate rule-making to require such measures it deems necessary from these sources to support the goals of the Jordan Reservoir Nutrient Sensitive Waters Strategy.
(4) APPLICABILITY. This Rule shall apply to all persons engaging in agricultural operations in the Jordan watershed, including those related to crops, horticulture, livestock, and poultry. This Rule applies to livestock and poultry operations above the size thresholds in this Item in addition to requirements for animal operations set forth in general permits issued pursuant to G.S. 143-215.10C. Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air quality standard by any agricultural operation, including any livestock or poultry operation below the size thresholds in this Item. This Rule does not require specific actions by any individual person or operation if the county or counties in which they conduct operations can collectively achieve their nutrient reduction targets, in the manner described in Item (5) of this Rule, within six years of the effective date of this Rule. For the purposes of this Rule, agricultural operations are activities that relate to any of the following pursuits:
(a) The commercial production of crops or horticultural products other than trees. As used in this Rule, commercial shall mean activities conducted primarily for financial profit.
(b) Research activities in support of such commercial production.
(c) The production or management of any of the following number of livestock or poultry at any time, excluding nursing young:
(i) 5 or more horses;
(ii) 20 or more cattle;
(iii) 20 or more swine not kept in a feedlot, or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other livestock or poultry, or any combination of species of livestock or poultry, that exceeds 20,000 pounds of live weight at any time.
(5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented initially by a Watershed Oversight Committee and, if needed, through a cooperative effort between the Watershed Oversight Committee and Local Advisory Committees in each county. The membership, roles and responsibilities of these committees are set forth in Items (7) and (8) of this Rule. Committees' activities shall be guided by the following constraints:
(a) Within three years after the effective date of this Rule, the Watershed Oversight Committee shall provide the Commission with an initial assessment of the extent to which agricultural operations in each subwatershed have achieved the nitrogen goals identified in Item (1) of this Rule through activities conducted since the baseline period. The Watershed Oversight Committee shall use the accounting process described in Items (7) and (8) of this Rule to make its assessment. Should the Commission determine at that time that a subwatershed nitrogen goal has not been achieved, then Local Advisory Committees shall be formed in that subwatershed according to Item (8) of this Rule to further progress toward the goal by developing local strategies to guide implementation.
(b) For any subwatershed identified in Sub-Item (5)(a) of this Rule as not having achieved its nitrogen goal within three years, the Commission shall within six years after the effective date of this Rule again determine, with input from the Watershed Oversight Committee, whether the subwatershed has achieved its nitrogen goal. Should the Commission determine at that time that a subwatershed has not achieved its goal, then it shall require additional best management practice (BMP) implementation as needed to ensure that the goal is met within nine years after the effective date of this Rule. The Commission may also consider alternative recommendations from the Watershed Oversight Committee based on its assessment of the practicability of agricultural operations meeting the subwatershed goal. Should the Commission require some form of individual compliance, then it shall also subsequently approve a framework proposed by the Watershed Oversight Committee for allowing producers to obtain credit through offsite measures. Such offsite measures shall meet the requirements of 15A NCAC 02B .0273(2) – (4). The Commission shall review compliance with the phosphorus goals within six years of the effective date and shall require additional BMP implementation within any subwatershed as needed to meet its goal within an additional three years from that date.
(c) Should a committee called for under Sub-Item (5)(a) of this Rule not form nor follow through on its responsibilities such that a local strategy is not implemented in keeping with Item (8) of this Rule, the Commission shall require all persons subject to this Rule in the affected area to implement BMPs as needed to meet the goals of this Rule.
(6) RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS. Persons subject to this Rule shall adhere to the following requirements:
(a) If the initial accounting required under Sub-Item (5)(a) of this Rule determines that agricultural operations have not already collectively met the nitrogen reduction goals, persons subject to this Rule shall register their operations with their Local Advisory Committee according to the requirements of Item (8) of this Rule within four years after the effective date of this Rule. Within six years after the effective date of this Rule, such persons are not required to implement any specific BMPs but may elect to contribute to the collective local nutrient strategy by implementing any BMPs they choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing or phosphorus-reducing BMPs.
(b) Should a local strategy not achieve its goal after six years, operations within that local area may face specific implementation requirements, as described under Sub-Item (5)(b) of this Rule.
(c) Producers may generate nitrogen loading reduction credit for sale to parties subject to or operating under other nutrient strategy rules in the Jordan watershed under either of the following circumstances and only pursuant to the conditions of Sub-Item (7)(b)(vii) of this Rule and 15A NCAC 02B .0273:
(ii) If the subwatershed in which they implement nitrogen-reducing practices has achieved its nitrogen goal.
(ii) At any point during the implementation of this Rule, a pasture-based livestock operation that implements an excluded buffer BMP on part or all of its operation may sell that portion of the nitrogen reduction credit attributed to the buffer restoration aspect of the practice, while the credit attributed to the exclusion aspect shall accrue to the achievement or maintenance of the goals of this Rule.
(7) WATERSHED OVERSIGHT COMMITTEE. The Watershed Oversight Committee shall have the following membership, role and responsibilities:
(a) MEMBERSHIP. The Director shall be responsible for forming a Watershed Oversight Committee within two months of the effective date of this Rule. Until such time as the Commission determines that long-term maintenance of the nutrient loads is assured, the Director shall either reappoint members or replace members at least every six years. The Director shall solicit nominations for membership on this Committee to represent each of the following interests, and shall appoint one nominee to represent each interest except where a greater number is noted. The Director may appoint a replacement at any time for an interest in Sub-Items (7)(a)(vi) through (7)(a)(x) of this Rule upon request of representatives of that interest:
(i) Division of Soil and Water Conservation;
(ii) United States Department of Agriculture-Natural Resources Conservation Service (shall serve in an "ex-officio" non-voting capacity and shall function as a technical program advisor to the Committee);
(iii) North Carolina Department of Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension Service;
(v) Division of Water Quality;
(vi) Three environmental interests, at least two of which are residents of the Jordan watershed;
(vii) General farming interests;
(viii) Pasture-based livestock interests;
(ix) Equine livestock interests;
(x) Cropland farming interests; and
(xi) The scientific community with experience related to water quality problems in the Jordan watershed.
(b) ROLE. The Watershed Oversight Committee shall:
(i) Develop tracking and accounting methods for nitrogen and phosphorus loss. Submit methods to the Water Quality Committee of the Commission for approval based on the standards set out in Sub-Item (7)(c) of this Rule within two years after the effective date of this Rule;
(ii) Identify and implement future refinements to the accounting methods as needed to reflect advances in scientific understanding, including establishment or refinement of nutrient reduction efficiencies for BMPs;
(iii) Within three years after the effective date of this Rule, collect data needed to conduct initial nutrient loss accounting for the baseline period and the most current year feasible, perform this accounting, and determine the extent to which agricultural operations have achieved the nitrogen loss goal and phosphorus loss trend indicators for each subwatershed. Present findings to the Water Quality Committee of the Commission;
(iv) Review, approve, and summarize local nutrient strategies if required pursuant to Sub-Item (5)(a) of this Rule and according to the timeframe identified in Sub-Item (8)(c)(ii) of this Rule. Provide these strategies to the Division;
(v) Establish requirements for, review, approve and summarize local nitrogen and phosphorus loss annual reports as described under Sub-Item (8)(e) of this Rule, and present these reports to the Division annually, until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of this Rule. Present the annual report six years after the effective date to the Commission. Should that annual report find that a subwatershed has not met its nitrogen goal, include an assessment in that report of the practicability of producers achieving the goal within nine years after the effective date, and recommendations to the Commission as deemed appropriate;
(vi) Obtain nutrient reduction efficiencies for BMPs from the scientific community associated with design criteria identified in rules adopted by the Soil and Water Conservation Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104; and
(vii) Investigate and, if feasible, develop an accounting method to equate implementation of specific nitrogen-reducing practices on cropland or pastureland to reductions in nitrogen loading delivered to streams. Quantify the nitrogen credit generated by such practices for purposes of selling or buying credits. Establish criteria and a process as needed for the exchange of nitrogen credits between parties meeting the criteria of either Sub-Item (5)(b) or Sub-Item (6)(c) of this Rule with parties subject to or operating under other nutrient strategy rules in the Jordan watershed pursuant to the requirements of 15A NCAC 02B .0273. Approve eligible trades, and ensure that such practices are accounted for and tracked separately from those contributing to the goals of this Rule.
(c) ACCOUNTING METHODS. Success in meeting this Rule's purpose will be gauged by estimating percentage changes in nitrogen loss from agricultural lands in the Jordan watershed and by evaluating broader trends in indicators of phosphorus loss from agricultural lands in the Jordan watershed. The Watershed Oversight Committee shall develop accounting methods that meet the following requirements:
(i) The nitrogen method shall quantify baseline and annual total nitrogen losses from agricultural operations in each county, each subwatershed, and for the entire Jordan watershed;
(ii) The nitrogen and phosphorus methods shall include a means of tracking implementation of BMPs, including number, type, and area affected;
(iii) The nitrogen method shall include a means of estimating incremental nitrogen loss reductions from actual BMP implementation and of evaluating progress toward and maintenance of the nutrient goals from changes in BMP implementation, fertilization, individual crop acres, and agricultural land use acres;
(iv) The nitrogen and phosphorus methods shall be refined as research and technical advances allow;
(v) The phosphorus method shall quantify baseline values for and annual changes in factors affecting agricultural phosphorus loss as identified by the phosphorus technical advisory committee established under 15A NCAC 02B .0256(f)(2)(C). The method shall provide for periodic qualitative assessment of likely trends in agricultural phosphorus loss from the Jordan watershed relative to baseline conditions;
(vi) Phosphorus accounting may also include a scientifically valid, survey-based sampling of farms in the Jordan watershed for the purpose of conducting field-scale phosphorus loss assessments and extrapolating phosphorus losses for the Jordan watershed for the baseline period and at periodic intervals; and
(vii) Aspects of pasture-based livestock operations that potentially affect nutrient loss and are not captured by the accounting methods described above shall be accounted for in annual reporting by quantifying changes in the extent of livestock-related nutrient controlling BMPs. Progress may be judged based on percent change in the extent of implementation relative to subwatershed percentage goals identified in Rule .0262 of this Section.
(8) LOCAL ADVISORY COMMITTEES. Local Advisory Committees required by Sub-Item (5)(a) of this Rule shall be formed for each county within the applicable subwatershed within three years and three months after the effective date of this Rule, and shall have the following membership, roles, and responsibilities:
(a) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided for in this Item. It shall terminate upon a finding by the Commission that it is no longer needed to fulfill the purposes of this Rule. Each Local Advisory Committee shall consist of:
(i) One representative of the county Soil and Water Conservation District;
(ii) One representative of the county office of the United States Department of Agriculture Natural Resources Conservation Service;
(iii) One representative of the North Carolina Department of Agriculture and Consumer Services whose regional assignment includes the county;
(iv) One representative of the county office of the North Carolina Cooperative Extension Service;
(v) One representative of the North Carolina Division of Soil and Water Conservation whose regional assignment includes the county; and
(vi) At least two farmers who reside in the county.
(b) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the Director of the Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall appoint members described in Sub-Items (8)(a)(i), (8)(a)(ii), (8)(a)(iv), and (8)(a)(v) of this Rule. The Director of the Division of Water Quality, with recommendations from the Director of the Division of Soil and Water Conservation and the Commissioner of Agriculture, shall appoint the members described in Sub-Items (8)(a)(iii) and (8)(a)(vi) of this Rule from persons nominated by nongovernmental organizations whose members produce or manage agricultural commodities in each county. Members of the Local Advisory Committees shall serve at the pleasure of their appointing authority.
(c) ROLE. The Local Advisory Committees shall:
(i) Conduct a registration process for persons subject to this Rule. This registration process shall be completed within 48 months after the effective date of this Rule. The registration process shall request the type and acreage of agricultural operations. It shall provide persons with information on requirements and options under this Rule, and on available technical assistance and cost share options;
(ii) Develop local nutrient control strategies for agricultural operations, pursuant to Sub-Item (8)(d) of this Rule, to meet the nitrogen and phosphorus goals of this Rule. Strategies shall be submitted to the Watershed Oversight Committee no later than 46 months after the effective date of this Rule;
(iii) Ensure that any changes to the design of the local strategy will continue to meet the nutrient goals of this Rule; and
(iv) Submit reports to the Watershed Oversight Committee, pursuant to Sub-Item (8)(e) of this Rule, annually until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of this Rule.
(d) LOCAL NUTRIENT CONTROL STRATEGIES. Local Advisory Committees shall develop county nutrient control strategies that meet the following requirements. If a Local Advisory Committee fails to submit a nutrient control strategy required in Sub-Item (8)(c)(ii) of this Rule, the Commission may develop one based on the accounting methods that it approves pursuant to Sub-Item (7)(b)(i) of this Rule. Local strategies shall meet the following requirements:
(i) Local nutrient control strategies shall be designed to achieve the required nitrogen loss reduction goals and qualitative trends in indicators of agricultural phosphorus loss within six years after the effective date of this Rule, and to maintain those reductions in perpetuity or until such time as this Rule is revised to modify this requirement.
(ii) Local nutrient control strategies shall specify the numbers, acres, and types of all agricultural operations within their areas, numbers of BMPs that will be implemented by enrolled operations and acres to be affected by those BMPs, estimated nitrogen and phosphorus loss reductions, schedule for BMP implementation, and operation and maintenance requirements.
(e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for submitting annual reports for their counties to the Watershed Oversight Committee until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of this Rule. The Watershed Oversight Committee shall determine reporting requirements to meet these objectives. Those requirements may include information on BMPs implemented by individual farms, proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land use or activity, and resultant net nitrogen loss and phosphorus trend indicator changes.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2001-355; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009;
See S.L. 2013-395.
15a ncac 02b .0265 jordan water supply nutrient strategy: stormwater management for new development
(See S.L. 2013-395)
The following is the stormwater strategy for new development activities within the Jordan watershed, as prefaced in 15A NCAC 02B .0262:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nitrogen and phosphorus loading goals established for Jordan Reservoir in 15A NCAC 02B .0262 from lands in the Jordan watershed on which new development occurs;
(b) To provide control for stormwater runoff from new development in Jordan watershed to ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows; and
(c) To protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed from the potential impacts of new development.
(2) APPLICABILITY. This Rule shall apply to those areas of new development, as defined in 15A NCAC 02B .0263, that lie within the Jordan watershed and the planning jurisdiction of a municipality or county that is identified in 15A NCAC 02B .0262.
(3) REQUIREMENTS. All local governments subject to this Rule shall implement stormwater management programs as approved by the Commission in areas described in Item (2) of this Rule, based on the standards in this Item:
(a) An approved stormwater management plan shall be required for all proposed new development disturbing one acre or more for single family and duplex residential property and recreational facilities, and one-half acre or more for commercial, industrial, institutional, multifamily residential, or local government property. These stormwater plans shall not be approved by the subject local governments unless the following criteria are met:
(i) Nitrogen and phosphorus loads contributed by the proposed new development activity in a given subwatershed shall not exceed the unit-area mass loading rates applicable to that subwatershed as follows for nitrogen and phosphorus, respectively, expressed in units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using Jordan and Falls Stormwater Nutrient Load Accounting Tool approved by the Commission in March 2011 or other equivalent method acceptable to the Division;
(ii) Proposed new development undertaken by a local government solely as a public road project shall be deemed compliant with the purposes of this Rule if it meets the riparian buffer protection requirements of 15A NCAC 02B .0267 and .0268;
(iii) New development that would exceed the nitrogen or phosphorus loading rate targets set out in this Item without the use of engineered stormwater controls shall have engineered stormwater controls that meet the design requirements set out in Sub-Item (3)(a)(v) of this Item and that achieve 85 percent removal of total suspended solids;
(iv) Proposed new development subject to NPDES, water supply, and other state-mandated stormwater regulations shall comply with those regulations in addition to the other requirements of this Sub-Item. Proposed new development in any water supply watershed in the Jordan watershed designated WS-II, WS-III, or WS-IV shall comply with the density-based restrictions, obligations, and requirements for engineered stormwater controls, clustering options, and 10/70 provisions described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable Rule among 15A NCAC 02B .0214 through .0216;
(v) Stormwater systems shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards specific to each practice as provided in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division, or other at least technically equivalent standards acceptable to the Division. To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, stormwater flows from the new development shall not contribute to degradation of waters of the State. At a minimum, the new development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event;
(vi) Proposed new development that would replace or expand structures or improvements that existed as of December 2001, the end of the baseline period, and that would not result in a net increase in built-upon area shall not be required to meet the nutrient loading targets or high-density requirements except to the extent that it shall provide stormwater control at least equal to the previous development. Proposed new development that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option either to achieve at least the percentage loading reduction goals stated in 15A NCAC 02B .0262 as applied to nitrogen and phosphorus loading from the previous development for the entire project site, or to meet the loading rate targets described in Sub-Item (3)(a)(i). These requirements shall supersede those identified in 15A NCAC 02B .0104(q);
(vii) Proposed new development shall comply with the riparian buffer protection requirements of 15A NCAC 02B .0267 and .0268; and
(viii) Developers shall have the option of offsetting part of their nitrogen and phosphorus loads by implementing or funding offsite management measures as follows: Before using offsite offset options, a development shall attain a nitrogen loading rate on-site of that does not exceed six pounds per acre per year for single-family, detached and duplex residential development and ten pounds per acre per year for other development, including multi-family residential, commercial and industrial and shall meet any requirements for engineered stormwater controls described in Sub-Item (3)(a)(iii) and (iv) of this Rule. Offsite offsetting measures shall achieve reductions in nitrogen and phosphorus loading that are at least equivalent to the remaining reduction needed to comply with the loading rate targets set out in Sub-Item (3)(a)(i) of this Rule. A developer may make offset payments to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that Program. A developer may use an offset option provided by the local government in which the development activity occurs. A developer may propose other offset measures to the local government, including providing his or her own offsite offset or utilizing a private seller. All offset measures identified in this Sub-Item shall meet the requirements of 15A NCAC 02B .0273 (2) through (4) and 15A NCAC 02B .0240.
(b) A plan to ensure maintenance of best management practices (BMPs) implemented as a result of the provisions in Sub-Item (3)(a) of this Rule for the life of the development;
(c) A plan to ensure enforcement and compliance with the provisions in Sub-Item (3)(a) of this Rule for the life of the new development; and
(d) The following requirements in water supply 15A NCAC 02B .0104 shall apply to new development throughout the Jordan watershed:
(i) Requirements in Paragraph (f) for local governments to assume ultimate responsibility for operation and maintenance of high-density stormwater controls, to enforce compliance, to collect fees, and other measures;
(ii) Variance procedures in Paragraph (r);
(iii) Assumption of local programs by the Commission in Paragraph (x); and
(iv) Delegation of Commission authorities to the Director in Paragraph (aa).
(4) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) By August 10, 2014, the affected local governments shall complete adoption of and implement their local stormwater management program as approved by the Commission in May or September 2012 or subsequent revision to the program approved by the Commission or its delegated authority. Programs met the requirements of Item (3) of this Rule and were guided by the model local ordinance approved by the Commission in March 2011; and
(b) Upon implementation, subject local governments shall submit annual reports to the Division summarizing their activities in implementing each of the requirements in Item (3) of this Rule, including changes to nutrient loading due to implementation of Sub-Item (3)(a) of this Rule.
(5) RELATIONSHIP TO OTHER REQUIREMENTS. Local governments shall have the following options with regard to satisfying the requirements of other rules in conjunction with this Rule:
(a) A local government may in its program submittal under Sub-Item (4)(b) of this Rule request that the Division accept the local government's implementation of another stormwater program or programs, such as NPDES municipal stormwater requirements, as satisfying one or more of the requirements set forth in Item (3) of this Rule. The Division will provide determination on acceptability of any such alternatives prior to requesting Commission approval of local programs as required in Sub-Item (4)(c) of this Rule. The local government shall include in its program submittal technical information demonstrating the adequacy of the alternative requirements.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-216; S.L. 2009-484; S.L. 2012-200; S.L. 2012-201;
Eff. August 11, 2009;
See S.L. 2013-395;
Amended Eff. July 7, 2014.
15A NCAC 02B .0266 JORDAN WATER SUPPLY NUTRIENT STRATEGY: STORMWATER MANAGEMENT FOR EXISTING DEVELOPMENT See S.L. 2013-395
This Rule is the stormwater strategy to control nutrient loading from existing development. The Division shall determine whether nutrient load reduction measures for existing development are necessary in each subwatershed of Jordan Reservoir. The Division shall require implementation of reasonable nutrient load reduction measures for existing development in each subwatershed of the Jordan Reservoir, as provided in this Rule and in accordance with a staged, adaptive management program.
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To improve the management of stormwater runoff from existing development in the Jordan Watershed to contribute toward nitrogen and phosphorus loading goals identified in 15A NCAC 02B .0262; and
(b) To contribute to the restoration of water quality in the Jordan Reservoir as specified in Rule 15A NCAC 02B .0262.
(2) APPLICABILITY. This Rule shall apply to municipalities and counties located in whole or in part in the Jordan Watershed as identified in Rule 15A NCAC 02B .0262(7).
(3) STAGE 1 PROGRAM REQUIREMENTS. Municipalities and counties located in whole or in part in the Jordan watershed shall continue to implement a Stage 1 adaptive management program to control nutrient loading from existing development in the Jordan watershed as approved by the Commission in May 2010 or subsequent revision their program approved by the Commission or its delegated authority. The Stage 1 adaptive management program met the requirements set out in 40 CFR 122.34 as applied by the Division in the NPDES General Permit for municipal separate storm sewer systems in effect on July 1, 2009. Local governments shall report annually to the Division on implementation progress on the following Stage 1 program elements:
(a) Public education to inform the public of the impacts of nutrient loading and measures that can be implemented to reduce nutrient loading from stormwater runoff from existing development.
(b) Mapping that includes major components of the municipal separate storm sewer system, including the location of major outfalls, as defined in 40 CFR 122.26(b)(5) (July 1, 2008) and the names and location of all waters of the United States that receive discharges from those outfalls, land use types, and location of sanitary sewers.
(c) Identification and remove illegal discharges.
(d) Identification of opportunities for retrofits and other projects to reduce nutrient loading from existing developed lands.
(e) Maintenance of best management practices implemented by the local government.
(4) NUTRIENT MONITORING. The Division shall maintain an ongoing program to monitor water quality in each arm of Jordan Reservoir. The Division shall also accept water quality sampling data from a monitoring program implemented by a local government or nonprofit organization if the data meets quality assurance standards established by the Division. On March 1, 2014, the Division shall report the results of monitoring in each arm of Jordan Reservoir to the Environmental Review Commission. The Division shall submit an updated monitoring report under this Item every three years thereafter until such time as the lake is no longer impaired by nutrient pollution.
(5) STAGE 2 ADAPTIVE MANAGEMENT. The Division shall review monitoring described in Item (4) of this Rule to decide whether to implement a Stage 2 adaptive management program to control nutrient loading from existing development to achieve nutrient-related water quality standards in Jordan Lake. The Division shall use the following conditions to identify local governments that need to develop and implement a Stage 2 program:
(a) If the March 1, 2014 monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir required under Item (4) of this Rule shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 program within the subwatershed, as provided in this Rule.
(b) If the March 1, 2017 monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Item (4) of this Rule shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the subwatershed of that arm of Jordan Reservoir shall develop and implement a Stage 2 program within the subwatershed, as provided in this Rule.
(c) The Division shall defer development and implementation of Stage 2 programs required in a subwatershed by this Item if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient-related water quality standards. In making this determination, the Division shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Item (4) of this Rule shows that nutrient-related water quality standards have not been achieved, the Division shall notify the municipalities and counties located in whole or in part in the subwatershed of that arm of Jordan Reservoir and the municipalities and counties shall develop and implement a Stage 2 adaptive management program as provided in this Rule.
(6) NOTIFICATION OF STAGE 2 REQUIREMENTS. Based on findings under Item (5) of this Rule, the Division shall notify the local governments in each subwatershed that either:
(a) Implementation of a Stage 2 program will be necessary to achieve water quality standards in an arm of the reservoir and direct the municipalities and counties in the subwatershed to develop a load reduction program in compliance with this Rule; or
(b) Implementation of a Stage 2 program is not necessary at that time but will be reevaluated in three years based on the most recent water quality monitoring information.
(7) STAGE 2 LOAD GOALS. The Division shall establish a load reduction goal for existing development for each municipality and county required to implement a Stage 2 program. The load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent reduction in nitrogen loading and a five percent reduction in phosphorus loading reaching Jordan Reservoir from existing developed lands within the police power jurisdiction of the local government. The baseline load shall be estimated using the results of a watershed model recommended in a July 2012 report to the Secretary from the Nutrient Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-216, or by using an equivalent or more accurate method acceptable to the Division and recommended by that Board. The baseline load for a municipality or county shall not include nutrient loading from lands under State or federal control or lands in agriculture or forestry. The load reduction goal shall be adjusted to account for nutrient loading increases from lands developed subsequent to the baseline period but prior to implementation of new development stormwater programs.
(8) A local government receiving notice of the requirement to develop and implement a Stage 2 program under Item (6) of this Rule shall not be required to submit a program if the local government demonstrates that it has already achieved the reductions in nutrient loadings required under Item (7) of this Rule.
(9) STAGE 2 PROGRAM DEVELOPMENT. Local governments shall utilize the model program to control nutrient loading from existing development, that was approved by the Commission as of December 2013, to develop their Stage 2 program to control nutrient loading from existing development as described under Item (10) of this Rule. In developing this model program, the Division considered comments from municipalities and counties listed in 15A NCAC 02B .0262(7) and recommendations from the Nutrient Scientific Advisory Board. The model program identifies specific load reduction practices and programs and reduction credits associated with each practice or program and shall provide that a local government may obtain additional or alternative load-reduction credits based on site-specific monitoring data.
(10) STAGE 2 IMPLEMENTATION. The following process shall be applied for local governments subject to the requirement to develop and implement a Stage 2 adaptive management program.
(a) Within six months after receiving notice to develop and implement a Stage 2 program as described in Item (6) of this Rule, each local government that has not received Division approval for having achieved the required reductions as specified in Item (8) of this Rule shall submit to the Commission a program that is designed to achieve the reductions in nutrient loadings established by the Division pursuant to Item (7) of this Rule. A local government program may include nutrient management strategies that are not included in the model program developed pursuant to Item (9) of this Rule in addition to or in place of any component of the model program. In addition, a local government may satisfy the requirements of this Item through reductions in nutrient loadings from other sources in the same subwatershed to the extent those reductions go beyond measures otherwise required by statute or rule. A local government may also work with other local governments within the same subwatershed to collectively meet the required reductions in nutrient loadings from existing development within their combined jurisdictions. Any credit for reductions achieved or obtained outside of the police power jurisdiction of a local government shall be adjusted based on transport factors established by the Division document Nitrogen and Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002 or an equivalent or more accurate method acceptable to the Division and recommended by the Nutrient Scientific Advisory Board established pursuant to Section 4(a) of S.L. 2009-216.
(b) Within six months following submission of a local government's Stage 2 adaptive management program to control nutrient loading from existing development, the Division shall recommend that the Commission approve or disapprove the program. The Commission shall approve the program if it meets the requirements of this Item, unless the Commission finds that the local government can, through the implementation of reasonable and cost-effective measures not included in the proposed program, meet the reductions in nutrient loading established by the Division pursuant to Item (7) of this Rule by a date earlier than that proposed by the local government. If the Commission finds that there are additional or alternative reasonable and cost-effective measures, the Commission may require the local government to modify its proposed program to include such measures to achieve the required reductions by the earlier date. If the Commission requires such modifications, the local government shall submit a modified program within two months. The Division shall recommend that the Commission approve or disapprove the modified program within three months after receiving the local government's modified program. In determining whether additional or alternative load reduction measures are reasonable and cost effective, the Commission shall consider factors including, but not limited to, the increase in the per capita cost of a local government's stormwater management program that would be required to implement such measures and the cost per pound of nitrogen and phosphorus removed by such measures. The Commission shall not require additional or alternative measures that would require a local government to:
(i) Install or require installation of a new stormwater collection system in an area of existing development unless the area is being redeveloped.
(ii) Acquire developed private property.
(iii) Reduce or require the reduction of impervious surfaces within an area of existing development unless the area is being redeveloped.
(c) Within three months after the Commission's approval of a Stage 2 adaptive management program to control nutrient loading from existing development, the local government shall complete adoption and begin implementation of its program.
(11) ADDITIONAL MEASURES TO REDUCE NITROGEN LOADING IN THE UPPER NEW HOPE CREEK SUBWATERSHED. If the March 1, 2023, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, a municipality or county located in whole or in part in the Upper New Hope Creek Subwatershed shall modify its Stage 2 adaptive management program to control nutrient loading from existing development to achieve additional reductions in nitrogen loading from existing development. The modified Stage 2 program shall be designed to achieve a total reduction in nitrogen loading from existing development of 35 percent relative to the baseline period 1997 through 2001. The Division shall notify local governments of the requirement to submit a modified Stage 2 adaptive management program. Submission, review and approval, and implementation of a modified Stage 2 adaptive management program shall follow the process, timeline, and standards set out Item (10) of this Rule.
(12) Each local government implementing a Stage 2 program shall submit an annual report to the Division summarizing its activities in implementing its program.
(13) If at any time the Division finds, based on water quality monitoring, that an arm of the Jordan Reservoir has achieved compliance with water quality standards, the Division shall notify the local governments in the subwatershed. Subject to the approval of the Commission, a local government may modify its Stage 2 adaptive management program to control nutrient loading from existing development to maintain only those measures necessary to prevent increases in nutrient loading from existing development.
(14) The Division shall report annually to the Commission regarding the implementation of adaptive management programs to control nutrient loading from existing development in the Jordan watershed.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-216;
See S.L. 2013-395;
Eff. July 7, 2014.
15A NCAC 02b .0267 jordan water supply nutrient strategey: protection of existing riparian buffers
(See S.L. 2013-395)
Protection of the nutrient removal and other water quality benefits provided by riparian buffers throughout the watershed is an important element of the overall Jordan water supply nutrient strategy. The following is the strategy for riparian buffer protection and maintenance in the Jordan watershed, as prefaced in 15A NCAC 02B .0262:
(1) PURPOSE. The purposes of this Rule shall be to protect and preserve existing riparian buffers throughout the Jordan watershed as generally described in 15A NCAC 02B .0262, in order to maintain their nutrient removal and stream protection functions. Additionally this Rule will help protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed. Local governments shall establish programs to meet or exceed the minimum requirements of this Rule. The requirements of this Rule shall supersede all locally implemented buffer requirements stated in 15A NCAC 02B .0214 through .0216 as applied to WS-II, WS-III, and WS-IV waters in the Jordan watershed. Local governments subject to this Rule may choose to implement more stringent requirements, including requiring additional buffer width.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Access Trails' means pedestrian trails constructed of pervious or impervious surfaces and related structures to access a surface water, including boardwalks, steps, rails, and signage.
(b) 'Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases 'air navigation facility', 'airport', or 'airport protection privileges' under G.S. 63-1; the definition of 'aeronautical facilities' in G.S. 63-79(1); the phrase 'airport facilities' as used in G.S. 159-48(b)(1); the phrase 'aeronautical facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase 'airport facilities and improvements' as used in Article V, Section 13, of the North Carolina Constitution, which shall include, without limitation, any and all of the following: airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting, airport and airport-related offices, parking facilities, related navigational and signal systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe and efficient operation thereof and any combination of any or all of such facilities. Notwithstanding the foregoing, the following shall not be included in the definition of 'airport facilities':
(i) Satellite parking facilities;
(ii) Retail and commercial development outside of the terminal area, such as rental car facilities; and
(iii) Other secondary development, such as hotels, industrial facilities, free-standing offices and other similar buildings, so long as these facilities are not directly associated with the operation of the airport, and are not operated by a unit of government or special governmental entity such as an airport authority, in which case they are included in the definition of 'airport facilities'.
(c) 'Forest management plan' means as defined in Chapter 160A-458.5(4).
(d) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site.
(e) 'Greenway / Hiking Trails' means pedestrian trails constructed of pervious or impervious surfaces and related structures including but not limited to boardwalks, steps, rails, and signage, and that generally run parallel to the shoreline.
(f) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14-inch DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species, 16-inch DBH or greater or 24-inch or greater stump diameter.
(g) 'Shoreline stabilization' is the in-place stabilization of an eroding shoreline. Stabilization techniques which include "soft" methods or natural materials (such as root wads, or rock vanes) may be considered as part of a restoration design. However, stabilization techniques that consist primarily of "hard" engineering, such as concrete lined channels, riprap, or gabions, while providing bank stabilization, shall not be considered stream restoration.
(h) 'Stream restoration' is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and flood-prone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium. 'Referenced' or 'referenced reach' means a stable stream that is in dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to develop natural channel design criteria for stream restoration projects.
(i) 'Stump diameter' means the diameter of a tree measured at six inches above the ground surface level.
(j) 'Temporary road' means a road constructed temporarily for equipment access to build or replace hydraulic conveyance structures such as bridges, culverts, pipes or water dependent structures, or to maintain public traffic during construction.
(3) APPLICABILITY. This Rule applies to all landowners and other persons conducting activities in the Jordan watershed, including state and federal entities, and to all local governments in the Jordan watershed, as described in 15A NCAC 02B .0262. Local governments shall develop riparian buffer protection programs for approval by the Commission, incorporating the minimum standards set out throughout this Rule and shall apply the requirements of this Rule throughout their jurisdictions within the Jordan watershed except where The Division shall exercise jurisdiction. For the following types of buffer activities in the Jordan watershed, wherever local governments are referenced in this Rule, the Division shall implement applicable requirements to the exclusion of local governments:
(a) Activities conducted under the authority of the State.
(b) Activities conducted under the authority of the United States.
(c) Activities conducted under the authority of multiple jurisdictions.
(d) Activities conducted under the authority of local units of government.
(e) Forest harvesting activities described in Item (14) of this Rule.
(f) Agricultural activities.
(g) Activities conducted in a location where there is no local government program implementing NPDES stormwater requirements, Water Supply Watershed requirements, or a voluntary local stormwater or buffer initiative at the time of the activity.
(4) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated buffers:
(a) This Rule shall apply to activities conducted within, or outside of with impacts upon, 50-foot wide riparian buffers directly adjacent to surface waters in the Jordan watershed (intermittent streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.
(b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506.
(c) A surface water shall be subject to this Rule if the feature is approximately shown on any of the following references, and shall not be subject if it does not appear on any of these references:
(i) The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.
(ii) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).
(iii) Maps approved by the Geographic Information Coordinating Council and by the Commission. Prior to approving such maps, the Commission shall provide a 30-day public notice and opportunity for comment. Maps approved under this sub-item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (6).
(d) Where the specific origination point of a stream regulated under this Item is in question, upon request of the Division or another party, the local government shall make an on-site determination. A local government representative who has successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall establish that point using the latest version of the Division publication, Identification Methods for the Origins of Intermittent and Perennial Streams, available at or from the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. A local government may accept the results of a site assessment made by another party who meets these criteria. Any disputes over on-site determinations made according to this Sub-Item shall be referred to the Director in writing. The Director's determination is subject to review as provided in Articles 3 and 4 of G.S. 150B.
(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (7) of this Rule.
(f) Parties subject to this rule shall abide by all State rules and laws regarding waters of the state including but not limited to 15A NCAC 02H .0500, 15A NCAC 02H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
(g) A riparian buffer may be exempt from this Rule as described in Item (5) or (6) of this Rule.
(h) No new clearing, grading, or development shall take place nor shall any new building permits be issued in violation of this Rule.
(5) EXEMPTION BASED ON ON-SITE DETERMINATION. When a landowner or other affected party including the Division believes that the maps have inaccurately depicted surface waters, he or she shall consult the appropriate local government. Upon request, a local government representative who has successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall make an on-site determination. Local governments may also accept the results of site assessments made by other parties who have successfully completed such training. Any disputes over on-site determinations shall be referred to the Director in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall not be subject to this Rule if a site evaluation reveals any of the following cases:
(a) Man-made ponds and lakes that are not part of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100, including ponds and lakes created for animal watering, irrigation, or other agricultural uses. A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream.
(b) Ephemeral streams.
(c) The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir, or pond.
(d) Ditches or other man-made water conveyances, other than modified natural streams.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to uses that are existing and ongoing; however, this Rule shall apply at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:
(a) It was present within the riparian buffer as of the effective date of a local program enforcing this Rule and has continued to exist since that time. For any Division-administered activities listed in Item (3) of this Rule, a use shall be considered existing and ongoing if it was present within the riparian buffer as of the Rule’s effective date of August 11, 2009 and has continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. Only the portion of the riparian buffer occupied by the footprint of the existing use is exempt from this Rule. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within 50 feet of the surface water where it did not previously exist as of the effective date of a local program enforcing this Rule, or for Division-administered activities listed in Item (3) of this Rule as of the Rule’s effective date of August 11, 2009, and existing diffuse flow is maintained. Grading and revegetating Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised, the ground is stabilized and existing diffuse flow is maintained.
(b) Projects or proposed development that are determined by the local government to meet at least one of the following criteria:
(i) Project requires a 401 Certification/404 Permit and these were issued prior to the effective date of the local program enforcing this Rule, and prior to the August 11, 2009 effective date of this Rule for Division-administered activities listed in Item (3) of this Rule;
(ii) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and had received all required state permits and certifications prior to the effective date of the local program implementing this Rule, and prior to the August 11, 2009 effective date of this Rule for Division-administered activities listed in Item (3) of this Rule;
(iii) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with DENR on avoidance and minimization by the effective date of the local program enforcing this Rule, and prior to the August 11, 2009 effective date of this Rule for state and federal entities; or
(iv) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the local government prior to the effective date of the local program enforcing this Rule, or the written approval of the Division prior to the August 11, 2009 effective date of this Rule for state and federal entities.
(7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in Item (9) of this Rule. The location of Zone One shall be as follows:
(i) For intermittent and perennial streams, Zone One shall begin at the top of the bank and extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top of the bank.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone One shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.
(b) Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided for in Item (9) of this Rule. Grading and revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised. Zone Two shall begin at the outer edge of Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two shall be 50 feet on all sides of the surface water.
(8) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows:
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff enters Zone Two of the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies;
(c) As set out in Items (7) and (9) of this Rule, no new stormwater conveyances are allowed through the buffers except for those specified in Item (9) of this Rule addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances; and
(d) Activities conducted outside of buffers identified in Item (4) that alter the hydrology in violation of the diffuse flow requirements set out in this Item shall be prohibited.
(9) TABLE OF USES. The following chart sets out potential new uses within the buffer, or outside the buffer with impacts on the buffer, and categorizes them as exempt, allowable, or allowable with mitigation. All uses not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may not proceed within the riparian buffer, or outside the buffer if the use would impact diffuse flow through the buffer, unless a variance is granted pursuant to Item (12) of this Rule. The requirements for each category are given in Item (10) of this Rule.
|Use |Exempt* |Allowable* |Allowable with |
| | | |Mitigation* |
|Access trails: Pedestrian access trails leading to the surface water, | | | |
|docks, fishing piers, boat ramps and other water dependent activities: | | | |
|Pedestrian access trails that are restricted to the minimum width | | | |
|practicable and do not exceed 4 feet in width of buffer disturbance, |X | | |
|and provided that installation and use does not result in removal of | | | |
|trees as defined in this Rule and no impervious surface is added to the| | | |
|riparian buffer | | | |
|Pedestrian access trails that exceed 4 feet in width of buffer | | | |
|disturbance, the installation or use results in removal of trees as | | | |
|defined in this Rule or impervious surface is added to the riparian | | | |
|buffer | |X | |
|Airport facilities: | | | |
|Airport facilities that impact equal to or less than 150 linear feet or| |X | |
|one-third of an acre of riparian buffer | | | |
|Airport facilities that impact greater than 150 linear feet or | | | |
|one-third of an acre of riparian buffer | | |X |
|Activities necessary to comply with FAA requirements (e.g. radar uses | | | |
|or landing strips)1 | | | |
| | |X | |
|Archaeological activities |X | | |
|Bridges | |X | |
|Canoe Access provided that installation and use does not result in |X | | |
|removal of trees as defined in this Rule and no impervious surface is | | | |
|added to the buffer. | | | |
| |
|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|Dam maintenance activities: | | | |
|Dam maintenance activities that do not cause additional buffer |X | | |
|disturbance beyond the footprint of the existing dam or those covered | | | |
|under the U.S. Army Corps of Engineers Nationwide Permit No. 3 | | | |
|Dam maintenance activities that do cause additional buffer disturbance | | | |
|beyond the footprint of the existing dam or those not covered under the| | | |
|U.S. Army Corps of Engineers Nationwide Permit No.3 | |X | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Drainage ditches, roadside ditches and stormwater conveyances through | | | |
|riparian buffers: | | | |
|New stormwater flows to existing drainage ditches, roadside ditches, |X | | |
|and stormwater conveyances provided flows do not alter or result in the| | | |
|need to alter the conveyance and are managed to minimize the sediment, | | | |
|nutrients and other pollution that convey to waterbodies. | | | |
|Realignment of existing roadside drainage ditches retaining the design | | | |
|dimensions, provided that no additional travel lanes are added and the | | | |
|minimum required roadway typical section is used based on traffic and | |X | |
|safety considerations. | | | |
|New or altered drainage ditches, roadside ditches and stormwater | | | |
|outfalls provided that a stormwater management facility is installed to| | | |
|control nutrients and attenuate flow before the conveyance discharges | | | |
|through the riparian buffer | | | |
|New drainage ditches, roadside ditches and stormwater conveyances | |X | |
|applicable to linear projects that do not provide a stormwater | | | |
|management facility due to topography constraints provided that other | | | |
|practicable BMPs are employed. | | | |
| | | | |
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| | | |X |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Drainage of a pond in a natural drainage way provided that a new |X | | |
|riparian buffer that meets the requirements of Items (7) and (8) of | | | |
|this Rule is established adjacent to the new channel | | | |
|Driveway crossings of streams and other surface waters subject to this | | | |
|Rule: | | | |
|Driveway crossings on single family residential lots that disturb equal|X | | |
|to or less than 25 linear feet or 2,500 square feet of riparian buffer | | | |
|Driveway crossings on single family residential lots that disturb | | | |
|greater than 25 linear feet or 2,500 square feet of riparian buffer | |X | |
|In a subdivision that cumulatively disturb equal to or less than 150 | | | |
|linear feet or one-third of an acre of riparian buffer | | | |
|In a subdivision that cumulatively disturb greater than 150 linear feet| |X | |
|or one-third of an acre of riparian buffer | | | |
| | | | |
| | | |X |
|Driveway impacts other than crossing of a stream or other surface | | |X |
|waters subject to this Rule | | | |
|Fences: | | | |
|Fences provided that disturbance is minimized and installation does not|X | | |
|result in removal of trees as defined in this Rule | | | |
|Fences provided that disturbance is minimized and installation results | | | |
|in removal of trees as defined in this Rule | |X | |
|Forest harvesting - see Item (14) of this Rule |
|Fertilizer application: one-time application to establish vegetation |X | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Grading and revegetation in Zone Two provided that diffuse flow and the|X | | |
|health of existing vegetation in Zone One is not compromised and | | | |
|disturbed areas are stabilized until they are revegetated. | | | |
|Greenway/hiking trails designed, constructed and maintained to maximize| |X | |
|nutrient removal and erosion protection, minimize adverse effects on | | | |
|aquatic life and habitat, and protect water quality to the maximum | | | |
|extent practical. | | | |
|Historic preservation |X | | |
|Maintenance access on modified natural streams: a grassed travel way on| |X | |
|one side of the water body when less impacting alternatives are not | | | |
|practical. The width and specifications of the travel way shall be | | | |
|only that needed for equipment access and operation. The travel way | | | |
|shall be located to maximize stream shading. | | | |
|Mining activities: | | | |
|Mining activities that are covered by the Mining Act provided that new | |X | |
|riparian buffers that meet the requirements of Items (7) and (8) of | | | |
|this Rule are established adjacent to the relocated channels | | | |
|Mining activities that are not covered by the Mining Act OR where new | | | |
|riparian buffers that meet the requirements or Items (7) and (8) of | | | |
|this Rule are not established adjacent to the relocated channels | | |X |
|Wastewater or mining dewatering wells with approved NPDES permit | | | |
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| |X | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Playground equipment: | | | |
|Playground equipment on single family lots provided that installation |X | | |
|and use does not result in removal of vegetation | | | |
|Playground equipment installed on lands other than single-family lots | | | |
|or that requires removal of vegetation | |X | |
|Ponds created by impounding streams and not used as stormwater BMPs: | | | |
|New ponds provided that a riparian buffer that meets the requirements | | | |
|of Items (7) and (8) of this Rule is established adjacent to the pond | |X | |
|New ponds where a riparian buffer that meets the requirements of Items | | | |
|(7) and (8) of this Rule is NOT established adjacent to the pond | | | |
| | | |X |
|Protection of existing structures, facilities and stream banks when | |X | |
|this requires additional disturbance of the riparian buffer or the | | | |
|stream channel | | | |
|Railroad impacts other than crossings of streams and other surface | | |X |
|waters subject to this Rule. | | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Railroad crossings of streams and other surface waters subject to this | | | |
|Rule: | | | |
|Railroad crossings that impact equal to or less than 40 linear feet of |X | | |
|riparian buffer | | | |
|Railroad crossings that impact greater than 40 linear feet but equal to| |X | |
|or less than 150 linear feet or one-third of an acre of riparian buffer| | | |
|Railroad crossings that impact greater than 150 linear feet or | | | |
|one-third of an acre of riparian buffer | | |X |
|Recreational and accessory structures in Zone Two: | | | |
|Sheds and gazebos in Zone Two, provided they are not prohibited under | | | |
|local water supply ordinance: | | | |
|Total footprint less than or equal to 150 square feet per lot. | |X | |
|Total footprint greater than 150 square feet per lot. | | | |
|Wooden slatted decks and associated steps, provided the use meets the | | | |
|requirements of Items (7) and (8) of this Rule: | | |X |
|Deck at least eight feet in height and no vegetation removed from Zone | | | |
|One. | | | |
|Deck less than eight feet in height or vegetation removed from Zone | |X | |
|One. | | | |
| | | | |
| | | |X |
|Removal of previous fill or debris provided that diffuse flow is |X | | |
|maintained and vegetation is restored | | | |
|Road impacts other than crossings of streams and other surface waters | | |X |
|subject to this Rule | | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Road crossings of streams and other surface waters subject to this | | | |
|Rule: | | | |
|Road crossings that impact equal to or less than 40 linear feet of |X | | |
|riparian buffer | | | |
|Road crossings that impact greater than 40 linear feet but equal to or | |X | |
|less than 150 linear feet or one-third of an acre of riparian buffer | | | |
|Road crossings that impact greater than 150 linear feet or one-third of| | | |
|an acre of riparian buffer | | |X |
|Road relocation: Relocation of existing private access roads associated| | | |
|with public road projects where necessary for public safety: | | | |
|Less than or equal to 2,500 square feet of buffer impact | | | |
|Greater than 2,500 square feet of buffer impact | |X | |
| | | | |
| | | |X |
|Stormwater BMPs: | | | |
|Wet detention, bioretention, and constructed wetlands in Zone Two if | |X | |
|diffuse flow of discharge is provided into Zone One | | | |
|Wet detention, bioretention, and constructed wetlands in Zone One | | | |
| | | |X |
|Scientific studies and stream gauging |X | | |
|Streambank or shoreline stabilization | |X | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Temporary roads, provided that the disturbed area is restored to | | | |
|pre-construction topographic and hydrologic conditions immediately | | | |
|after construction is complete and replanted immediately with | | | |
|comparable vegetation, except that tree planting may occur during the | | | |
|dormant season. A one-time application of fertilizer may be used to | | | |
|establish vegetation: At the end of five years the restored buffer | | | |
|shall comply with the restoration criteria in Item (8) of 15A NCAC 02B | | | |
|.0268: | | | |
|Less than or equal to 2,500 square feet of buffer disturbance | | | |
|Greater than 2,500 square feet of buffer disturbance |X | | |
|Associated with culvert installation or bridge construction or | | | |
|replacement. | |X | |
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| | |X | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Temporary sediment and erosion control devices, provided that the | | | |
|disturbed area is restored to pre-construction topographic and | | | |
|hydrologic conditions immediately after construction is complete and | | | |
|replanted immediately with comparable vegetation, except that tree | | | |
|planting may occur during the dormant season. A one-time application of| | | |
|fertilizer may be used to establish vegetation. At the end of five | | | |
|years the restored buffer shall comply with the restoration criteria in| | | |
|Item (8) of Rule 15A NCAC 02B .0268: | | | |
|In Zone Two provided ground cover is established within timeframes | | | |
|required by the Sedimentation and Erosion Control Act, vegetation in | | | |
|Zone One is not compromised, and runoff is released as diffuse flow in |X | | |
|accordance with Item (8) of this Rule. | | | |
|In Zones one and two to control impacts associated with uses approved | | | |
|by the local government or that have received a variance, provided that| | | |
|sediment and erosion control for upland areas is addressed, to the | | | |
|maximum extent practical, outside the buffer. | | | |
|In-stream temporary erosion and sediment control measures for work | |X | |
|within a stream channel that is authorized under Sections 401 and 404 | | | |
|of the Federal Water Pollution Control Act. | | | |
|In-stream temporary erosion and sediment control measures for work | | | |
|within a stream channel. | | | |
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| | |X | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Utility, electric, aerial, perpendicular crossings of streams and other| | | |
|surface waters subject to this Rule2,3,5: | | | |
|Disturb equal to or less than 150 linear feet of riparian buffer |X | | |
|Disturb greater than 150 linear feet of riparian buffer | | | |
| | |X | |
|Utility, electric, aerial, other than perpendicular crossings5: | | | |
|Impacts in Zone Two | | | |
|Impacts in Zone One2,3 | |X | |
| | | |X |
|Utility, electric, underground, perpendicular crossings3,4,5: | | | |
|Disturb less than or equal to 40 linear feet of riparian buffer | | | |
|Disturb greater than 40 linear feet of riparian buffer |X | | |
| | | | |
| | |X | |
|Utility, electric, underground, other than perpendicular crossings4: | | | |
|Impacts in Zone Two | | | |
|Impacts in Zone One1 |X | | |
| |X | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Utility, non-electric, perpendicular crossings of streams and other | | | |
|surface waters subject to this Rule3,5: | | | |
|Disturb equal to or less than 40 linear feet of riparian buffer with a |X | | |
|maintenance corridor equal to or less than 10 feet in width | | | |
|Disturb equal to or less than 40 linear feet of riparian buffer with a | | | |
|maintenance corridor greater than 10 feet in width | |X | |
|Disturb greater than 40 linear feet but equal to or less than 150 | | | |
|linear feet of riparian buffer with a maintenance corridor equal to or | | | |
|less than 10 feet in width | | | |
|Disturb greater than 40 linear feet but equal to or less than 150 | |X | |
|linear feet of riparian buffer with a maintenance corridor greater than| | | |
|10 feet in width | | | |
|Disturb greater than 150 linear feet of riparian buffer | | | |
| | | |X |
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| | | |X |
|Utility, non-electric, other than perpendicular crossings4,5: | | | |
|Impacts in Zone Two | |X | |
|Impacts in Zone One1 | | |X |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Vegetation management: | | | |
|Emergency fire control measures provided that topography is restored |X | | |
|Mowing or harvesting of plant products in Zone Two | | | |
|Planting vegetation to enhance the riparian buffer |X | | |
|Pruning forest vegetation provided that the health and function of the | | | |
|forest vegetation is not compromised |X | | |
|Removal of individual trees that are in danger of causing damage to | | | |
|dwellings, other structures or human life, or are imminently |X | | |
|endangering stability of the streambank. | | | |
|Removal of individual trees which are dead, diseased or damaged. | | | |
|Removal of poison ivy |X | | |
|Removal of invasive exotic vegetation as defined in: | | | |
|Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of Environment | | | |
|and Natural Resources. Division of Parks and Recreation. Raleigh, NC. | | | |
|Guideline #30 |X | | |
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| |X | | |
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| |X | | |
|Vehicular access roads leading to water-dependent structures as defined| |X | |
|in 15A NCAC 02B .0202, provided they do not cross the surface water and| | | |
|have minimum practicable width not exceeding ten feet. | | | |
|Water dependent structures as defined in 15A NCAC 02B .0202 where | |X | |
|installation and use result in disturbance to riparian buffers. | | | |
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|* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined |
|for it in a given listing as well as the requirements established in Item (10) of this Rule. |
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|Water supply reservoirs: | | | |
|New reservoirs where a riparian buffer that meets the requirements of | |X | |
|Items (7) and (8) of this Rule is established adjacent to the reservoir| | | |
|New reservoirs where a riparian buffer that meets the requirements of | | | |
|Items (7) and (8) of this Rule is not established adjacent to the | | |X |
|reservoir | | | |
|Water wells | | | |
|Single family residential water wells |X | | |
|All other water wells | |X | |
|Wetland, stream and buffer restoration that results in impacts to the | | | |
|riparian buffers: | | | |
|Wetland, stream and buffer restoration that requires Division approval |X | | |
|for the use of a 401 Water Quality Certification | | | |
|Wetland, stream and buffer restoration that does not require Division | | | |
|approval for the use of a 401 Water Quality Certification | |X | |
|Wildlife passage structures | |X | |
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined for it in a given listing as well as the requirements established in Item (10) of this Rule.
1 Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• Zones one and two meet the requirements of Sub-Items (7) and (8) of this Rule.
2 Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the overhead utility lines shall require a no practical alternative evaluation by the local government, as defined in Item (11) of this Rule.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3 Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body unless the local government completes a no practical alternative evaluation as defined in Item (11) of this Rule.
4 Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then the underground utility line shall require a no practical alternative evaluation by the local government, as defined in Item (11) of this Rule.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
(10) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated in Item (9) of this Rule as exempt, allowable, and allowable with mitigation within a riparian buffer shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are permissible without local government authorization provided that they adhere to the limitations of the activity as defined in Item (9). In addition, exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities.
(b) ALLOWABLE. Uses designated as allowable may proceed provided that there are no practical alternatives to the requested use pursuant to Item (11) of this Rule. This includes construction, monitoring, and maintenance activities. These uses require written authorization from the local government.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested use pursuant to Item (11) of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (13) of this Rule. These uses require written authorization from the local government.
(11) DETERMINATION OF "NO PRACTICAL ALTERNATIVES."
(a) Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to the local government. The applicant shall certify that the project meets all the following criteria for finding "no practical alternatives":
(i) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(b) The applicant shall also submit at least the following information in support of their assertion of "no practical alternatives":
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land;
(v) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts associated with the activity.
(c) Within 60 days of a submission that addresses Sub-Item (11)(b) of this Rule, the local government shall review the entire project and make a finding of fact as to whether the criteria in Sub-Item (11)(a) have been met. A finding of "no practical alternatives" shall result in issuance of an Authorization Certificate. Failure to act within 60 days shall be construed as a finding of "no practical alternatives" and an Authorization Certificate shall be issued to the applicant unless one of the following occurs:
(i) The applicant agrees, in writing, to a longer period;
(ii) The local government determines that the applicant has failed to furnish requested information necessary to the local government's decision;
(iii) The final decision is to be made pursuant to a public hearing; or
(iv) The applicant refuses access to its records or premises for the purpose of gathering information necessary to the local government's decision.
(d) The local government may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program.
(e) Any appeals of determinations regarding Authorization Certificates shall be referred to the Director. The Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4.
(12) VARIANCES. Persons who wish to undertake prohibited uses may pursue a variance. The local government may grant minor variances. For major variances, local governments shall prepare preliminary findings and submit them to the Commission for approval. The variance request procedure shall be as follows:
(a) For any variance request, the local government shall make a finding of fact as to whether there are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require that the following conditions are met:
(i) If the applicant complies with the provisions of this Rule, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the local government shall consider whether the variance is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the property possible;
(ii) The hardship results from application of this Rule to the property rather than from other factors such as deed restrictions or other hardship;
(iii) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with provisions of this rule would not allow reasonable use of the property;
(iv) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule;
(v) The applicant did not purchase the property after August 11, 2009, the effective date of this Rule, and then request a variance; and
(vi) The hardship is rare or unique to the applicant's property.
(b) For any variance request, the local government shall make a finding of fact as to whether the variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit; and
(c) For any variance request, the local government shall make a finding of fact as to whether, in granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done.
(d) MINOR VARIANCES. A minor variance request pertains to activities that will impact only Zone Two of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in Sub-Items (12)(a) through (12)(c) of this Rule by the local government pursuant to G.S. 153A-Article 18, or G.S. 160A-Article 19. The local government may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for appeals to decisions made by the local governments shall be made in writing to the Director. The Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4.
(e) MAJOR VARIANCES. A major variance request pertains to activities that will impact any portion of Zone One or any portion of both Zones One and Two of the riparian buffer. If the local government has determined that a major variance request meets the requirements in Sub-Items (12)(a) through (12)(c) of this Rule, then it shall prepare a preliminary finding and submit it to the Commission for approval. Within 90 days after receipt by the local government, the Commission shall review preliminary findings on major variance requests and take one of the following actions: approve, approve with conditions and stipulations, or deny the request. Appeals from a Commission decision on a major variance request are made on judicial review to Superior Court.
(13) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the following requirements in order to proceed with their proposed use:
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (11) of this Rule; and
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0268.
(14) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for forest harvesting operations and practices:
(a) All the following measures shall apply in the entire riparian buffer as applicable:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 01I .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed;
(iii) Timber felling shall be directed away from the stream or waterbody;
(iv) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts;
(v) Individual trees may be treated to maintain or improve their health, form or vigor;
(vi) Harvesting of dead or infected trees as necessary to prevent or control the spread of tree pest and disease infestation shall be allowed. These practices must be approved by the Division of Forest Resources for a specific site pursuant to the rule. The Division of Forest Resources must notify the Division of all approvals;
(vii) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed;
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized;
(ix) High-intensity prescribed burns shall not be allowed; and
(x) Application of fertilizer shall not be allowed except as necessary for permanent stabilization. Broadcast application of fertilizer to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer.
(b) In Zone One, forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management plan. A plan drafted under either option shall meet the standards set out in this Item. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are permitted for the purpose of selective timber harvesting where there is no other practical alternative for removal of individual trees provided activities comply with forest practice guidelines for water quality as defined in 15A NCAC 01I .0101 through .0209, and provided no equipment shall operate within the first 10 feet immediately adjacent to the stream except at stream crossings designed, constructed and maintained in accordance with Rule 15A NCAC 01I .0203;
(ii) Soil disturbing site preparation activities are not allowed; and
(iii) Trees shall be removed with the minimum disturbance to the soil and residual vegetation.
(c) In addition to the requirements of (b) in this Item, the following provisions for selective harvesting shall be met:
(i) The first 10 feet of Zone One directly adjacent to the stream or waterbody shall be undisturbed except for the removal of individual high value trees as defined provided that no trees with exposed primary roots visible in the streambank be cut unless listed as an exempt activity under Vegetation Management in the Table of Uses, Sub-Item (9) of this Rule;
(ii) In the outer 20 feet of Zone One, a maximum of 50 percent of the trees greater than five inches DBH may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible; and
(iii) In Zone Two, harvesting and regeneration of the forest stand shall be allowed in accordance with 15A NCAC 01I .0100 through .0200 as enforced by the Division of Forest Resources.
(15) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) For Division-administered activities listed in Item (3) of this Rule, the Division shall continue to implement the requirements of this Rule, which it has done since its effective date of August 11, 2009:
(b) Local governments shall continue to implement buffer programs approved by the Commission in September 2010 and January 2011, or subsequent revisions to those programs approved by the Commission or its delegated authority, to ensure that existing land use activities and proposed development complies with local programs. These programs are required to meet the standards set out in this Rule, 15A NCAC 02B .0268, and are guided by the model buffer program approved by the Commission in September 2009. A local government shall issue an approval for new development only if the development application proposes to avoid impacts to riparian buffers defined in Item (4) of this Rule, or where the application proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable:
(i) Determined that the activity is exempt from requirements of this Rule;
(ii) Received an Authorization Certificate from the Division pursuant to Item (11) of this Rule for uses designated as Allowable or Allowable with Mitigation;
(iii) For uses designated as Allowable with Mitigation, received approval of a mitigation plan pursuant to 15A NCAC 02B .0268; and
(iv) Received a variance pursuant to Item (12) of this Rule;
(c) Local governments shall continue to submit annual reports to the Division summarizing their activities in implementing the requirements of this Rule;
(d) If a local government fails to adopt or adequately implement its program as called for in this Rule, the Division may take appropriate enforcement action as authorized by statute, and may choose to assume responsibility for implementing that program until such time as it determines that the local government is prepared to comply with its responsibilities; and
(e) LOCAL OVERSIGHT. The Division shall periodically inspect local programs to ensure that they are being implemented and enforced in keeping with the requirements of this Rule. Local governments shall maintain on-site records for a minimum of five years, and shall furnish a copy of these records to the Division within 30 days of receipt of a written request for them. Local programs' records shall include the following:
(i) A copy of all variance requests;
(ii) Findings of fact on all variance requests;
(iii) Results of all variance proceedings;
(iv) A record of complaints and action taken as a result of complaints;
(v) Records for stream origin calls and stream ratings; and
(vi) Copies of all requests for authorization, records approving authorization and Authorization Certificates.
(16) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all other federal, state and local laws, regulations, and permits regarding streams, steep slopes, erodible soils, wetlands, floodplains, forest harvesting, surface mining, land disturbance activities, or any other landscape feature or water quality-related activity.
History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d) S.L. 1999-329, s. 7.1.; S.L. 2005-190; S.L. 2006-259; S.L. 2009-216; S.L. 2009-484;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
See S.L. 2013-395;
Amended Eff. July 7, 2014.
15A NCAC 02B .0268 JORDAN WATER SUPPLY NUTRIENT STRATEGY: MITIGATION FOR RIPARIAN BUFFERS
History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 1999-329, s. 7.1.; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
Repealed Eff. October 24, 2014.
15A NCAC 02B .0269 RIPARIAN BUFFER MITIGATION FEES TO THE NC ECOSYSTEM ENHANCEMENT PROGRAM
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009;
Transferred to 15A NCAC 02R .0601 Eff. May 1, 2015.
15A NCAC 02b .0270 jordan water supply nutrient strategy: wastewater discharge requirements
(See S.L. 2013-395)
The following is the NPDES wastewater discharge management strategy for the B. Everett Jordan Reservoir watershed, or Jordan watershed:
(1) PURPOSE. The purpose of this Rule is to establish minimum nutrient control requirements for point source wastewater discharges in the Jordan watershed in order to restore and maintain water quality in the reservoir and its tributaries and protect their designated uses, including water supply.
(2) APPLICABILITY. This Rule applies to all wastewater treatment facilities discharging in the Jordan watershed that receive nutrient-bearing wastewater and are subject to requirements for individual NPDES permits.
(3) DEFINITIONS. For the purposes of this Rule, the following definitions apply:
(a) In regard to point source dischargers, treatment facilities, and wastewater flows and discharges,
(i) "Existing" means that which was subject to a NPDES permit as of December 31, 2001;
(ii) "Expanding" means that which has increased or will increase beyond its permitted flow as defined in this Rule; and
(iii) "New" means that which was not subject to a NPDES permit as of December 31, 2001.
(b) "Active" allocation means that portion of an allocation that has been applied toward and is expressed as a nutrient limit in an individual NPDES permit. Allocation that is held but not applied in this way is "reserve" allocation.
(c) "Limit" means the mass quantity of nitrogen or phosphorus that a discharger or group of dischargers is authorized through a NPDES permit to release into surface waters of the Jordan watershed. Limits are enforceable and may be expressed as "delivered limit" or as the equivalent "discharge limit."
(d) "MGD" means million gallons per day.
(e) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES permit as of December 31, 2001, with the following exceptions:
NPDES Permitted
Facility Owner Facility Name Permit Flow (MGD)
B. E. Jordan & Son, LLC B. E. Jordan & Son WWTP NC0042528 0.036
Durham County Triangle WWTP NC0026051 12.0
Fearrington Utilities, Inc. Fearrington Village WWTP NC0043559 0.5
Greensboro, City of T.Z. Osborne WWTP NC0047384 40.0
Mervyn R. King Countryside Manor WWTP NC0073571 0.03
OWASA Mason Farm WWTP NC0025241 14.5
Pittsboro, Town of Pittsboro WWTP NC0020354 2.25
Quarterstone Farm Assoc. Quarterstone Farm WWTP NC0066966 0.2
Aqua North Carolina, Inc. Chatham WRF NC0056413 0.35
(f) "Reserve" allocation means allocation that is held by a permittee or other person but which has not been applied toward and is not expressed as a nutrient limit in an individual NPDES permit. Allocation that has been applied and expressed in this way is "active" allocation.
(4) This Item provides for the initial division of nutrient wasteload allocations among point source dischargers under this strategy.
(a) The delivered wasteload allocations of nitrogen and phosphorus assigned to point source dischargers collectively in each of the Jordan subwatersheds, as set out in 15A NCAC 02B .0262(4), shall be divided as follows:
Subwatershed and Delivered Allocations (lb/yr)
Discharger Subcategories Total Nitrogen Total Phosphorus
Upper New Hope Arm
Permitted flows ≥ 0.1 MGD 332,466 22,498
Permitted flows < 0.1 MGD 3,613 608
Lower New Hope Arm
Permitted flows ≥ 0.1 MGD 6,836 498
Permitted flows < 0.1 MGD 0 0
Haw River Arm
Permitted flows ≥ 0.1 MGD 881,757 104,004
Permitted flows < 0.1 MGD 13,370 1,996
(b) The nutrient allocations in Sub-Item (a) of this Item shall be apportioned among the existing dischargers in each subcategory in proportion to the dischargers' permitted flows and the resulting delivered nutrient allocations assigned to each individual discharger.
(5) This Item describes allowable changes in nutrient allocations.
(a) The aggregate and individual nutrient allocations available to point source dischargers in the Jordan watershed are subject to change:
(i) Whenever the Commission, through rulemaking, revises the wasteload allocations in 15A NCAC 02B .0262 in order to ensure the protection of water quality in the reservoir and its tributaries or to conform with applicable state or federal requirements;
(ii) Whenever one or more point source dischargers acquires any portion of the nonpoint load allocations under the provisions in this Rule, and 15A NCAC 02B .0273, Options for Offsetting Nutrient Loads;
(iii) As the result of allocation transfers between point sources or between point and nonpoint sources, except that nutrient allocation can be transferred and applied only within its assigned subwatershed; or
(iv) Any allocation is valid only in the subwatershed for which it is first established.
(b) In the event that the Commission changes any nutrient wasteload allocation specified in 15A NCAC 02B .0262 or Item (4) of this Rule, the Commission shall also re-evaluate the apportionment among the dischargers and shall revise the individual allocations as necessary.
(6) This Item identifies nutrient control requirements specific to existing discharges.
(a) Any existing discharger with a permitted flow of 0.1 MGD or greater shall continue to limit its total phosphorus discharge to its active individual discharge allocation initially applied as of calendar year 2010 as defined or modified pursuant to this Rule.
(b) Each existing discharger with a permitted flow greater than or equal to 0.1 MGD, having evaluated its treatment facilities and operations, identified further opportunities to improve and optimize nitrogen reduction in the existing facilities, and submitted a report to the Division in 2010 proposing optimization measures, shall, upon Division acceptance of the report, implement the measures as provided in the acceptance, and shall continue to implement such measures until treatment system improvements undertaken to comply with this Rule's nitrogen limits are completed and operational. Beginning in 2015 and continuing until one year after the improvements are operational, each such discharger shall submit a progress report to the Division by March 1 of each year documenting the status of the proposed measures and the nitrogen reductions achieved at the facility in the previous calendar year.
(c) No later than the calendar year 2016, each existing discharger with a permitted flow greater than or equal to 0.1 MGD shall limit its total nitrogen discharge to its active individual discharge allocation as defined or modified pursuant to this Rule, except that if by December 31, 2016, the discharger has received an authorization pursuant to G.S. 143-215.1 for construction, installation, or alteration of its treatment works for purposes of complying with its total nitrogen limit, at which point the limit shall become effective no later than calendar year 2018.
(7) This Item identifies nutrient control requirements specific to new discharges.
(a) Any person proposing a new wastewater discharge to surface waters shall meet the following requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H .0105(c)(2);
(ii) If the results of the evaluation support a new discharge, acquire sufficient nitrogen and phosphorus allocations for the discharge. The proponent may obtain allocation for the proposed discharge from existing dischargers pursuant to the applicable requirements of Item (9) of this Rule or employ measures to offset the increased nutrient loads resulting from the proposed discharge. The proponent may fund offset measures by making payment to the NC Ecosystem Enhancement Program or private sellers of reduction credit, or may implement other offset measures contingent upon approval by the Division as meeting the requirements of rule 15A NCAC 02B .0273 and 15A NCAC 02B .0703. The offsets shall be of an amount equivalent to the allocations required for a period of 30 years. Payment for each 30-year portion of the nonpoint source load allocation shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality impacts; and
(iv) Provide documentation with its NPDES permit application demonstrating that the requirements of Sub-Items (i) through (iii) of this Sub-Item have been met.
(b) The nutrient discharge allocations and offsets for a new facility shall not exceed the mass loads equivalent to a concentration of 3.0 mg/L nitrogen or 0.18 mg/L phosphorus at the permitted flow in the discharger's NPDES permit.
(c) Upon the effective date of its NPDES permit, a new discharger shall be subject to nitrogen and phosphorus limits not to exceed its active individual discharge allocations.
(8) This Item identifies nutrient control requirements specific to expanding discharges.
(a) Any person proposing to expand an existing wastewater discharge to surface waters beyond its permitted flow as defined in this Rule shall meet the following requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H .0105(c)(2);
(ii) If the results of the evaluation support an expanded discharge, acquire sufficient nitrogen and phosphorus allocations for the discharge. The proponent may obtain allocation for the proposed discharge from existing dischargers pursuant to the applicable requirements of Item (9) of this Rule or employ measures to offset the increased nutrient loads resulting from the proposed discharge. The proponent may fund offset measures by making payment to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that Program or implement other offset measures contingent upon approval by the Division, either of which shall meet the requirements of rule 15A NCAC 02B .0273. The offsets shall be of an amount equivalent to the allocations required for a period of 30 years. Payment for each 30-year portion of the nonpoint source load allocation shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality impact; and
(iv) Provide documentation with its NPDES permit application demonstrating that the requirements of Sub-Items (i) through (iii) of this Sub-Item have been met.
(b) The nutrient discharge limits for an expanding facility shall not exceed the greater of its nutrient allocations or the mass value equivalent to a concentration of 3.0 mg/L nitrogen or 0.18 mg/L phosphorus at the permitted flow in the discharger's NPDES permit; except that this provision shall not result in an allocation or limit that is less than originally assigned to the discharger under this Rule.
(c) Upon expansion or upon notification by the Director that it is necessary to protect water quality, any discharger with a permitted flow of less than 0.1 MGD, as defined under this Rule, shall become subject to total nitrogen and total phosphorus permit limits not to exceed its active individual discharge allocations.
(9) This Item describes additional requirements regarding nutrient discharge limits for wastewater facilities:
(a) Annual mass nutrient limits shall be established as calendar-year limits.
(b) Any point source discharger holding nutrient allocations under this Rule may by mutual agreement transfer all or part of its allocations to any new, existing, or expanding dischargers in the same Jordan subwatershed or to other person(s), subject to the provisions of the Jordan nutrient strategy.
(c) For NPDES compliance purposes, the enforceable nutrient limits for an individual facility or for a compliance association described in Item (10) shall be the effective limits in the governing permit, regardless of the allocation held by the discharger or association.
(d) The Director may establish more stringent nitrogen or phosphorus discharge limits for any discharger upon finding that such limits are necessary to prevent the discharge from causing adverse water quality impacts on surface waters other than an arm of Jordan Reservoir as defined in Rule .0262(4) of this strategy. The Director shall establish such limits through modification of the discharger's NPDES permit in accordance with applicable rules and regulations. When the Director does so, the discharger retains its nutrient allocations, and the non-active portion of the discharger's allocation becomes reserve allocation. The allocation remains in reserve until the director determines that less stringent limits are allowable or until the allocation is applied to another discharge not subject to such water quality-based limits.
(e) In order for any transfer of allocation to become effective as a discharge limit in an individual NPDES permit, the discharger must request and obtain modification of the permit. Such request shall:
(i) Describe the purpose and nature of the modification;
(ii) Describe the nature of the transfer agreement, the amount of allocation transferred, and the dischargers or persons involved;
(iii) Provide copies of the transaction agreements with original signatures consistent with NPDES signatory requirements; and
(iv) Demonstrate to the Director's satisfaction that the increased nutrient discharge will not violate water quality standards in localized areas.
(f) Changes in a discharger's nutrient limits shall become effective upon modification of its individual permit but no sooner than January 1 of the year following modification. If the modified permit is issued after January 1, the Director may make the limit effective on that January 1 provided that the discharger made acceptable application in a timely manner.
(g) Regional Facilities. In the event that an existing discharger or group of dischargers accepts wastewater from another NPDES-permitted treatment facility in the same Jordan subwatershed and that acceptance results in the elimination of the discharge from the other treatment facility, the eliminated facility's delivered nutrient allocations shall be transferred and added to the accepting discharger's delivered allocations.
(10) This Item describes the option for dischargers to join a group compliance association to collectively meet nutrient control requirements.
(a) Any or all facilities within the same Jordan subwatershed may form a group compliance association to meet delivered nutrient allocations collectively. More than one group compliance association may be established in any subwatershed. No facility may belong to more than one association at a time.
(b) Any such association must apply for and shall be subject to an NPDES permit that establishes the effective nutrient limits for the association and for its members.
(c) No later than 180 days prior to the proposed date of a new association's operation or expiration of an existing association's NPDES permit, the association and its members shall submit an application for a NPDES permit for the discharge of nutrients to surface waters of the Jordan watershed. The association's NPDES permit shall be issued to the association and its members. It shall specify the delivered nutrient limits for the association and for each of its co-permittee members. Association members shall be deemed in compliance with the permit limits for nitrogen and phosphorus contained in their individually issued NPDES permits so long as they remain members in an association.
(d) An association's delivered nitrogen and phosphorus limits shall be the sum of its members' individual active delivered allocations for each nutrient plus any other active allocation obtained by the association or its members.
(e) The individual delivered allocations for each member in the association permit shall initially be equivalent to the discharge limits in effect in the member's NPDES permit. Thereafter, changes in individual allocations or limits must be incorporated into the members' individual permits before they are included in the association permit.
(f) An association and its members may reapportion the individual delivered allocations of its members on an annual basis. Changes in individual allocations or limits must be incorporated into the members' individual permits before they are included in the association permit.
(g) Changes in nutrient limits shall become effective no sooner than January 1 of the year following permit modification. If the modified permit is issued after January 1, the Director may make the limit effective on that January 1 provided that the discharger made acceptable application in a timely manner.
(h) Beginning with the first full calendar year that the nitrogen or phosphorus limits are effective, an association that does not meet its permit limit for nitrogen or phosphorus for a calendar year shall, no later than May 1 of the year following the exceedance, make an offset payment to the NC Ecosystem Enhancement Program or to private sellers of nutrient offset credit, or by implementing other load offsetting measures contingent upon approval by the Division as meeting the requirements of rule 15A NCAC 02B .0273 and 15A NCAC 02B .0703.
(i) Association members shall be deemed in compliance with their individual delivered limits in the association NPDES permit for any calendar year in which the association is in compliance with its delivered limit. If the association fails to meet its delivered limit, the association and the members that have failed to meet their individual delivered nutrient limits in the association NPDES permit will be out of compliance with the association NPDES permit.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215; 143-215.1; 143-215.3(a)(1); 143-215B; 143B-282(c); 143B-282(d); S.L. 1995, c. 572; S.L. 2005-190; S.L. 2006-259; S.L. 2009-216; S.L. 2011-394; S.L. 2012-187;
Eff. August 11, 2009;
See S.L. 2013-395;
Amended Eff. April 1, 2020; July 7, 2014.
15a NCAC 02b .0271 jordan water supply nutrient strategy: stormwater requirements for state and federal entities
(See S.L. 2013-395)
The following is the stormwater strategy for the activities of state and federal entities within the Jordan watershed, as prefaced in Rule 02B .0262.
(1) PURPOSE. The purposes of this Rule are as follows.
(a) To accomplish the following on lands under state and federal control:
(i) Achieve and maintain, on new non-road development lands, the nonpoint source nitrogen and phosphorus percentage reduction goals established for Jordan Reservoir in 15A NCAC 02B .0262 relative to the baseline period defined in that Rule;
(ii) Provide the highest practicable level of treatment on new road development; and
(iii) On existing state-maintained roadways and facilities, and existing developed lands controlled by other state and federal entities in the Jordan watershed, achieve and maintain the nonpoint source nitrogen and phosphorus percentage reduction goals established for Jordan Reservoir in 15A NCAC 02B .0262 relative to the baseline period defined in that Rule.
(b) To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows from state-maintained roadways and facilities and from lands controlled by other state and federal entities in the Jordan watershed; and
(c) To protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed.
(2) APPLICABILITY. This Rule shall apply to all existing and new development, both as defined in 15A NCAC 02B .0263, that lies within or partially within the Jordan watershed under the control of the NC Department of Transportation (NCDOT), including roadways and facilities, and to all lands controlled by other state and federal entities in the Jordan watershed.
(3) EXISTING DEVELOPMENT ADAPTIVE IMPLEMENTATION. The Division of Water Quality shall review monitoring required in Item (4) of 15A NCAC 02B .0266 to decide whether to implement a program to control nutrient loading from existing development to achieve nutrient-related water quality standards in Jordan Lake. The Division shall use the following conditions to identify state and federal entities that need to develop and implement a program to control nutrient loadings:
(a) If the March 2014 monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir required under Item (4) of 15A NCAC 02B .0266 shows that nutrient-related water quality standards are not being achieved, state and federal entities in the subwatershed of that arm of Jordan Reservoir shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this Rule;
(b) If the March 2017 monitoring report or any subsequent monitoring report for the Haw River Arm or the Lower New Hope Creek Arm of Jordan Reservoir required under Item (4) of 15A NCAC 02B .0266 shows that nutrient-related water quality standards are not being achieved, state and federal entities in the subwatershed of that arm of Jordan Reservoir shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this Rule;
(c) The Division shall defer development and implementation of a program to control nutrient loading from existing development required in a subwatershed by this Sub-Item if it determines that additional reductions in nutrient loading from existing development in that subwatershed will not be necessary to achieve nutrient-related water quality standards. In making this determination, the Division shall consider the anticipated effect of measures implemented or scheduled to be implemented to reduce nutrient loading from sources in the subwatershed other than existing development. If any subsequent monitoring report for an arm of Jordan Reservoir required under Item (4) of 15A NCAC 02B .0266 shows that nutrient-related water quality standards have not been achieved, the Division shall notify each state and federal entity in the subwatershed of that arm of Jordan Reservoir, and each entity shall develop and implement a program to control nutrient loading from existing development as provided in this Rule; and
(d) ADDITIONAL MEASURES TO REDUCE NITROGEN LOADING IN THE UPPER NEW HOPE CREEK SUBWATERSHED. If the March 1, 2023, monitoring report or any subsequent monitoring report for the Upper New Hope Creek Arm of Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, state and federal entities located in whole or in part in the Upper New Hope Creek Subwatershed shall modify their programs to control nutrient loading from existing roadway and nonroadway development to achieve additional reductions in nitrogen loadings. The modified program shall be designed to achieve a total reduction in nitrogen loading from existing development of 35 percent relative to the baseline period 1997 through 2001 in that arm of Jordan Reservoir. Subject state and federal entities shall develop and implement a program to control nutrient loading from existing development within the subwatershed, as provided in this Rule.
(4) EXISTING DEVELOPMENT NOTIFICATION REQUIREMENTS. Based on findings under Item (3) of this Rule, the Division shall notify the state and federal entities in each subwatershed that either:
(a) Implementation of a program to control nutrient loading from existing development, or additional measures under an existing program, will be necessary to achieve water quality standards in an arm of the reservoir and direct the state and federal entities in the subwatershed to develop or modify a load reduction program in compliance with this Rule; or
(b) Implementation of a program to control nutrient loading from existing development is not necessary at that time but will be reevaluated in three years based on the most recent water quality monitoring information.
(5) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal entities that control lands within the Jordan watershed shall meet the following requirements:
(a) For any new development proposed within their jurisdictions that would disturb one-half acre or more, non-NCDOT state and federal entities shall continue to develop stormwater management plans for submission to and approval by the Division. These stormwater plans shall not be approved by the Division unless the following criteria are met:
(i) The nitrogen and phosphorus loads contributed by the proposed new development activity in a given subwatershed shall not exceed the unit-area mass loading rates applicable to that subwatershed as follows for nitrogen and phosphorus, respectively, expressed in units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using the loading calculation method called for in Item (10) of this Rule or other equivalent method acceptable to the Division;
(ii) Proposed new development subject to NPDES, water supply, and other state-mandated stormwater regulations shall comply with those regulations in addition to the other requirements of this Sub-Item. Proposed new development in any water supply watershed in the Jordan watershed designated WS-II, WS-III, or WS-IV shall comply with the density-based restrictions, obligations, and requirements for engineered stormwater controls, clustering options, and 10/70 provisions described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable Rule among 15A NCAC 02B .0214 through .0216;
(iii) Stormwater systems shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to guidance specific to each practice as provided in the most recent version of the Stormwater Best Management Practices Manual published by the Division, or other technically at least equivalent guidance acceptable to the Division. To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, stormwater flows from the development shall not contribute to degradation of waters of the State. At a minimum, the development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event;
(iv) Proposed new development that would replace or expand structures or improvements that existed as of December 2001, the end of the baseline period, and which would not result in a net increase in built-upon area shall not be required to meet the nutrient loading targets or high-density requirements except to the extent that it shall provide stormwater control at least equal to the previous development. Proposed new development that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option either to achieve at least the percentage load reduction goals stated in 15A NCAC 02B .0262 as applied to nitrogen and phosphorus loading from the previous development for the entire project site, or to meet the loading rate targets described in Sub-Item (5)(a)(i) of this Rule;
(v) Proposed new development shall comply with the riparian buffer protection requirements of 15A NCAC 02B .0267 and .0268;
(vi) The entity shall have the option of offsetting part of the nitrogen and phosphorus loads by implementing or funding offsite management measures as follows: Before using offsite offset options, a development shall meet any requirements for engineered stormwater controls described in Sub-Item (5)(a)(iii) of this Rule, and shall attain a maximum nitrogen loading rate on-site of four pounds per acre per year for single-family, detached and duplex residential development and eight pounds per acre per year for other development, including multi-family residential, commercial and industrial and shall meet any requirements for engineered stormwater controls described in Sub-Item (5)(a)(iii) of this Rule. An entity may make offset payments to the NC Ecosystem Enhancement Program or to private sellers of reduction credit as meeting the applicable requirements of 15A NCAC 02B .0703. An entity may propose other offset measures to the Division, including providing its own offsite offset or utilizing a private seller. All offset measures identified in this Sub-Item shall meet the requirements of 15A NCAC 02B .0273(2)-(4); and
(vii) The non-NCDOT state or federal entity shall include measures to ensure maintenance of best management practices (BMPs) implemented as a result of the provisions in Sub-Item (5)(a) of this Rule for the life of the development.
(b) For existing development, non-NCDOT state and federal entities receiving notice from the Division of the requirement to develop and implement or modify a program to control nutrient loading from existing development, as specified under Item (4) of this Rule, shall do so based on the standards set out in this Sub-Item. Such entities shall submit these programs for approval by the Division in accordance with the process identified in Item (7) of this Rule. A load reduction program shall include the following elements and meet the associated criteria:
(i) The long-term objective of this program shall be for the entity to achieve the percentage nutrient load reduction goals in Item (5) of 15A NCAC 02B .0262 relative to annual mass loads, in pounds per year, representative of the baseline period defined in that Rule and reaching Jordan Reservoir from existing developed lands within each subwatershed under its control. Loads shall be calculated by applying the method called for in Item (10) of this Rule or an equivalent or more accurate method acceptable to the Division, to acreages of different types of existing developed lands as defined in this Sub-Item and in Item (2) of this Rule. To provide entities spatial latitude to obtain reductions in different locations, loads thus calculated shall be converted to delivered loads to Jordan Reservoir using transport factors established in the Division document, Nitrogen and Phosphorus Delivery from Small Watersheds to Jordan Lake, dated June 30, 2002. Subject entities shall include estimates of, and plans for offsetting, nutrient load increases from lands developed subsequent to the baseline period but prior to implementation of new development programs. For these post-baseline developed lands, the new loading rate shall be compared to the applicable loading rate target in Sub-Item (5)(a)(i) of this Rule for the subwatershed and acres involved, and the difference shall constitute the load reduction need. Should percentage reduction goals be adjusted pursuant to Item (8) of 15A NCAC 02B .0262, then the annual load goals established in this Sub-Item shall be adjusted accordingly. Entities may seek to fund implementation of load-reducing activities through grant sources such as the North Carolina Clean Water Act Section 319 Grant Program, or other funding programs for nonpoint sources;
(ii) The load reduction program shall include a plan and supporting technical analysis for achieving half of each load reduction goal within 10 years of the applicable notification date established under Item (4) of this Rule, and a plan and timeframes for achieving the remaining half subject to modification based on technical analysis at 10 years after the notification date established under Item (4) of this Rule. A load reduction program may propose an alternative compliance timeframe provided it includes a technical analysis that demonstrates the need for that timeframe. A program technical analysis shall examine the feasibility of achieving stated goals and shall consider factors such as magnitude of reduction need relative to area within a subwatershed, the potential for utilizing the range of load-reducing activities listed in Sub-Item (5)(b)(iv) of this Rule, and relative costs and efficiencies of each activity to the extent information is available. The load reduction program shall propose implementation rates and timeframes for each activity, and shall provide for proportionate annual progress toward meeting the reduction goals as practicable, that is capable of being put into practice, done, or accomplished;
(iii) The load reduction program shall identify specific load-reducing practices implemented to date subsequent to the baseline period and for which it is seeking credit. It shall estimate load reductions for these practices using methods provided for in Item (10) of this Rule, and their anticipated duration;
(iv) The load reduction program shall identify the types of activities the entity intends to implement and types of existing development affected, relative proportions or a prioritization of practices, and the relative magnitude of reductions it expects to achieve from each. An entity may credit any nitrogen or phosphorus load reductions in excess of those required by other rules in this Chapter. The program shall identify the duration of anticipated load reductions, and may seek activities that provide sustained, long-term reductions. The load reduction program shall meet the requirements of 15A NCAC 02B .0273. Potential load-reducing activities may include stormwater activities such as street sweeping, improvement of existing ponds and stormwater structures, removal of existing built-upon area, retrofitting of existing development with engineered best management practices (BMPs), treatment of runoff in redevelopment projects, over-treatment of runoff in new development projects, source control activities such as pet waste reduction and fertilization reduction, alternative stormwater practices such as rain barrels, cisterns, downspout disconnections, and stormwater capture and reuse, restoration of ecological communities such as streams and riparian buffers, and wastewater activities such as creation of surplus allocation through advanced treatment at wastewater facilities, expansion of surplus allocation through regionalization, collection system improvements, and removal of illegal discharges;
(v) The load reduction program shall identify anticipated funding mechanisms or sources and discuss steps taken or planned to secure such funding;
(vi) An entity shall have the option of working with municipalities or counties within its subwatershed to jointly meet the load targets from all existing development within their combined jurisdictions. An entity may utilize private or third party sellers. All reductions shall meet the requirements of 15A NCAC 02B .0273;
(vii) The entity shall include measures to provide for operation and maintenance of retrofitted stormwater controls to ensure that they meet the load targets required in Sub-Item (5)(b) of this Rule for the life of the development; and
(viii) An entity may choose to conduct monitoring of stream flows and runoff from catchments to quantify disproportionately high loading rates relative to those used in the accounting methods stipulated under Item (10) of this Rule, and to subsequently target load-reducing activities to demonstrated high-loading source areas within such catchments for proportionately greater load reduction credit. An entity may propose such actions in its initial load reduction program submittal or at any time subsequent, and shall obtain Division approval of the monitoring design. It shall also obtain Division approval of any resulting load reduction benefits based on the standards set out in this Rule. An entity that chooses such monitoring shall execute the monitoring, and provide the results to the Division as part of its load reduction program submittal.
(6) NCDOT REQUIREMENTS. The NCDOT shall meet the following requirements on lands within the Jordan Watershed:
(a) Implementation of its program for post-construction stormwater runoff control for new development approved by the Commission in November 2012, including new and widening NCDOT roads and facilities. The program established a process by which the Division reviews and approves stormwater designs for new NCDOT development projects. The program delineates the scope of vested projects that would be considered as existing development, and defines lower thresholds of significance for activities considered new development. In addition, the following criteria apply:
(i) For new and widening roads, compliance with the riparian buffer protection requirements of Rules 15A NCAC 02B .0267 and .0268 which are expected to achieve a 30 percent nitrogen reduction efficiency in runoff treatment through either diffuse flow into buffers or other practices, shall be deemed as compliant with the purposes of this Rule;
(ii) New non-road development shall achieve and maintain the nitrogen and phosphorus percentage load reduction goals established for each subwatershed in 15A NCAC 02B .0262 relative to either area-weighted average loading rates of all developable lands as of the baseline period defined in 15A NCAC 02B .0262, or to project-specific pre-development loading rates. Values for area-weighted average loading rate targets for nitrogen and phosphorus, respectively, in each subwatershed shall be the following, expressed in units of pounds per acre per year: 2.2 and 0.82 in the Upper New Hope; 4.4 and 0.78 in the Lower New Hope; and 3.8 and 1.43 in the Haw. The NCDOT shall determine the need for engineered stormwater controls to meet these loading rate targets by using the loading calculation method called for in Item (10) of this Rule or other equivalent method acceptable to the Division. Where stormwater treatment systems are needed to meet these targets, they shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. Such systems shall be assumed to achieve the nutrient removal efficiencies identified in the most recent version of the Stormwater Best Management Practices Manual published by the Division provided that they meet associated drawdown and other design specifications included in the same document. The NCDOT may propose to the Division nutrient removal rates for practices currently included in the BMP Toolbox required under its NPDES stormwater permit, or may propose revisions to those practices or additional practices with associated nutrient removal rates. The NCDOT may use any such practices approved by the Division to meet loading rate targets identified in this Sub-Item. New non-road development shall also control runoff flows to meet the purpose of this Rule regarding protection of the nutrient functions and integrity of receiving waters;
(iii) For new non-road development, the NCDOT shall have the option of partially offsetting its nitrogen and phosphorus loads by implementing or funding offsite management measures. These offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus load to the remaining reduction needed onsite to comply with Sub-Item (6)(a)(ii) of this Rule. Before using offsite offset options, a development shall attain a maximum nitrogen loading rate of 8 pounds per acre per year. The NCDOT may make offset payments to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that Program. The NCDOT may propose other offset measures to the Division. All offset measures identified in this Sub-Item shall meet the requirements of 15A NCAC 02B .0273; and
(iv) New development shall continue compliance, required as of August 11, 2009, with the riparian buffer protection requirements of 15A NCAC 02B .0267 and .0268 through a Division approval process.
(b) NCDOT EXISTING DEVELOPMENT LOAD REDUCTION GOALS. For NCDOT existing roadway and non-roadway development, a load reduction goal shall be designed to achieve, relative to the baseline period 1997 through 2001, an eight percent reduction in nitrogen loading and a five percent reduction in phosphorus loading reaching Jordan Reservoir in the Upper New Hope and Haw subwatersheds. The load reduction goal for the Lower New Hope arm shall be designed to maintain no increases in nitrogen and phosphorus loads from existing roadway and nonroadway development relative to the baseline period 1997 through 2001. Load reduction goals for each subwatershed shall be calculated as follows:
(i) For existing NCDOT roadways and industrial facilities, baseline loads shall be established using stormwater runoff nutrient load characterization data collected through the National Pollutant Discharge Elimination System (NPDES) Research Program under NCS0000250 Permit Part II Section G;
(ii) For other NCDOT nonroadway development, baseline loads shall be established by applying the Tar-Pamlico Nutrient Export Calculation Worksheet, Piedmont Version, dated October 2004, to acreages of nonroadway development under the control of NCDOT during the baseline period. The baseline load for other nonroadway development may also be calculated using an equivalent or more accurate method acceptable to the Division and recommended by the Scientific Advisory Board established under Session Law 2009-216; and
(iii) The existing development load reduction goal shall be adjusted to account for nutrient loading increases from existing roadway and nonroadway development subsequent to the baseline period but prior to implementation of new development stormwater programs pursuant to Sub-Item (6)(a) of this Rule.
(c) If notified by the Division of the requirement to develop and implement, or modify a program to control nutrient loading from existing development as specified under Item (4) of this Rule, the NCDOT shall do so based on the standards set out in this sub-item. The NCDOT shall submit such programs to the Division for approval according to the processes identified in Item (8) of this Rule. Such program shall achieve the nutrient load reduction goals in Sub-Item (6)(b) of this rule and address both roadway and nonroadway development. Such program shall include the following elements:
(i) Identification of the NCDOT stormwater outfalls from Interstate, US, and NC primary routes;
(ii) Identification and elimination of illegal discharges into the NCDOT's stormwater conveyance system; and
(iii) Initiation of a "Nutrient Management Education Program" for NCDOT staff and contractors engaged in the application of fertilizers on highway rights of way. The purpose of this program shall be to contribute to the load reduction goals established in 15A NCAC 02B .0262 through proper application of nutrients, both inorganic fertilizer and organic nutrients, to highway rights of way in the Jordan watershed in keeping with the most current state-recognized technical guidance on proper nutrient management.
(d) If notified by the Division of the requirement to develop and implement, or modify a program to control nutrient loading from existing development as specified under Item (4) of this Rule, the NCDOT shall achieve the nutrient load reduction goals under Sub-Item (6)(b) of this Rule by development of a load reduction program that addresses both roadway and nonroadway development in each subwatershed of the Jordan Reservoir. Such program may include, but not be limited to, the following load-reducing measures:
(i) street sweeping;
(ii) source control activities such as pet waste reduction and fertilizer management at NCDOT facilities;
(iii) improvement of existing stormwater structures;
(iv) alternative stormwater practices such as use of rain barrels and cisterns;
(v) stormwater capture and reuse; and
(vi) purchase of nutrient reduction credits.
(e) The NCDOT may meet minimum implementation rate and schedule requirements of its program by implementing a combination of three stormwater retrofits per year for existing roadway development in the Jordan Lake watershed and other load-reducing measures identified in its program developed pursuant to this Rule and approved by the Commission.
(7) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands within the Jordan watershed with the exception of the NCDOT, this Rule shall be implemented as follows:
(a) As of July 2012, the date of Commission approval for the nutrient accounting methods, entities shall comply with the requirements of Sub-Item (5)(a) of this Rule for any new development proposed within their jurisdictions;
(b) Within six months after receiving notice to develop and implement, or modify a program to control nutrient loading from existing development as specified in Sub Item (4)(a) of this Rule, subject entities shall submit load reduction programs to the Division for preliminary approval according to the standards set out in Sub-Item (5)(b) of this Rule;
(c) Within six months following submission of the subject entity's program to control nutrient loading from existing development, the Division shall request the Commission's approval of entities' load reduction programs. The Commission shall either approve the programs or require changes. Should the Commission require changes, the Division shall seek Commission approval at the earliest feasible date subsequent to the original request;
(d) Within two months following Commission approval of a load reduction program, entities shall begin to implement load reduction programs;
(e) Upon implementation of the requirements of Item (5) of this Rule, subject entities shall provide annual reports to the Division documenting their progress in implementing those requirements; and
(f) If the 2023 monitoring report or subsequent monitoring reports for the Upper New Hope Arm of Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, the Division shall notify the subject entities of the need for additional measures to reduce nitrogen loading in the subwatershed. The subject entities shall then submit a modified program to achieve the nutrient reductions specified in Sub-Item (3)(d) of this Rule. Submission, review and approval, and implementation of a modified program shall follow the process, timeline, and standards set out in Sub-Items (7)(b) through (7)(d) of this Rule.
(8) NCDOT RULE IMPLEMENTATION. For the NCDOT, this Rule shall be implemented as follows:
(a) NCDOT shall continue to implement the Stormwater Management Program for New Development approved by the Commission in November 2012, and implemented as of January 2013 or subsequent revisions to their program approved by the Commission or its delegated authority. This program shall continue to meet or exceed the requirements in Sub-Items (6)(a) of this Rule;
(b) Existing development requirements shall be implemented as follows:
(i) Within six months after receiving notice to develop and implement, or modify a program to control nutrient loading from existing development as specified in Item (4)(a) of this Rule, the NCDOT shall submit the Existing Development Program for the Jordan watershed to the Division for approval. This Program shall meet or exceed the requirements in Sub-Items (6)(c) through (6)(e) of this Rule;
(ii) Within six months following submission of the NCDOT's program to control nutrient loading from existing development, the Division shall request the Commission's approval of the NCDOT Existing Development Program. If the Commission disapproves the program, the NCDOT shall submit a modified program within two months. The Division shall recommend that the Commission approve or disapprove the modified program within three months after receiving the NCDOT's modified program;
(iii) Within two months after the Commission's approval of a program to control nutrient loading from existing development, the NCDOT shall implement their approved program; and
(iv) If the 2023 monitoring report or subsequent monitoring reports for the Upper New Hope Arm of Jordan Reservoir shows that nutrient-related water quality standards are not being achieved, the Division shall notify the NCDOT of the need for additional measures to reduce nitrogen loading in the subwatershed. The NCDOT shall then submit a modified program to achieve the nutrient reductions specified in Sub-Item (3)(d) of this Rule. Submission, review and approval, and implementation of a modified program shall follow the process and timeline set out in Sub-Items (8)(b)(i) through (8)(b)(iii) of this Rule.
(c) Upon implementation, the NCDOT shall submit annual reports to the Division summarizing its activities in implementing each of the requirements in Sub-Items (6)(c) through (6)(e) of this Rule. This annual reporting may be incorporated into annual reporting required under NCDOT's NPDES stormwater permit.
(9) RELATIONSHIP TO OTHER REQUIREMENTS. A party may in its program submittal under Item (7) or (8) of this Rule request that the Division accept its implementation of another stormwater program or programs, such as NPDES stormwater requirements, as satisfying one or more of the requirements set forth in Item (5) or (6) of this Rule. The Division shall provide determination on acceptability of any such alternatives prior to requesting Commission approval of programs as required in Items (7) and (8) of this Rule. The party shall include in its program submittal technical information demonstrating the adequacy of the alternative requirements.
(10) ACCOUNTING METHODS. Non-NCDOT entities shall continue to utilize the Jordan/Falls Lake Stormwater Load Accounting Tool approved by the Commission in July 2012 for all applicable load reduction estimation activities or equivalent, more source-specific or more accurate methods acceptable to the Division. Except as for the establishment of baseline loads as specified under Item (6)(b) of this Rule, NCDOT shall utilize the NCDOT-Jordan/Falls Lake Stormwater Load Accounting Tool approved by the Commission in July 2012 for all applicable load estimation activities or equivalent, more source-specific, or more accurate methods acceptable to the Division. The Division shall periodically revisit these accounting methods to determine the need for revisions to both the methods and to existing development load reduction assignments made using the methods set out in this Rule. It shall do so no less frequently than every 10 years. Its review shall include values subject to change over time independent of changes resulting from implementation of this Rule, such as untreated export rates that may change with changes in atmospheric deposition. It shall also review values subject to refinement, such as BMP nutrient removal efficiencies.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-216, S.L. 2009-484;
Eff. August 11, 2009;
Amended Eff. September 1, 2011;
See S.L. 2013-395;
Amended Eff. April 1, 2020; July 7, 2014.
15A NCAC 02B .0272 JORDAN WATER SUPPLY NUTRIENT STRATEGY: FERTILIZER MANAGEMENT
The following is the management strategy for controlling land-applied nutrients in the Jordan watershed, as prefaced in Rule .0262 of this Section.
(1) PURPOSE. The purpose of this Rule is to protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed by managing the application of nutrients, both inorganic fertilizer and organic nutrients, to lands in the Jordan watershed. The requirements of this Rule are to be fully implemented within three years from the effective date as set out in Item (6) of this Rule.
(2) APPLICABILITY. This Rule shall apply to the application of nutrients on:
(a) Cropland areas in the Jordan watershed for commercial purposes;
(b) Commercial ornamental and floriculture areas and greenhouse production areas in the Jordan watershed;
(c) Golf courses, public recreational lands, road or utility rights-of-way, or other commercial or institutional lands where any such land, or combination of such lands, under common management in the watershed totals at least five acres; and
(d) Any lands in the Jordan watershed where a hired applicator, as defined in 15A NCAC 02B .0202(4), who does not own or lease the lands applies nutrients to a total of at least five acres per year.
(3) REQUIREMENTS. Application of nutrients to lands subject to this Rule shall be in accordance with the following requirements:
(a) Application shall be made either:
(i) By an applicator who has completed nutrient management training pursuant to Item (4) of this Rule; or
(ii) Pursuant to a nutrient management plan that meets the requirements of Item (5) of this Rule.
(b) With the exception of residential homeowners, a person who hires an applicator to apply nutrients to the land that they own or manage in the Jordan watershed shall either:
(i) Ensure that the applicator they hire has attended and completed nutrient management training pursuant to Item (4) of this Rule; or
(ii) Ensure that the applicator they hire follows a nutrient management plan that has been developed for the land that they own or manage pursuant to Item (5) of this Rule.
(4) NUTRIENT MANAGEMENT TRAINING. To demonstrate compliance with this Rule through the nutrient management training option, the applicator shall have a certificate indicating completion of training provided by either the Cooperative Extension Service or the Division. Training certificates shall be kept on-site or be produced within 24 hours of a request by the Division. Training shall be sufficient to provide participants with an understanding of the value and importance of proper management of nitrogen and phosphorus, and the water quality impacts of poor nutrient management, and the ability to understand and properly carry out a nutrient management plan.
(5) NUTRIENT MANAGEMENT PLANS. Nutrient management plans developed to comply with this rule shall meet the following requirements:
(a) Nutrient management plans for cropland, excluding those for application of Class A bulk, and Class B wastewater residuals, regulated under 15A NCAC 02T .1100 and septage application regulated under 15A NCAC 13B .0815 through .0829, shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission, including those found in 15A NCAC 06E .0104 and 15A NCAC 06H .0104, which are incorporated herein by reference, including any subsequent amendments and editions to such rules that are in place at the time that plans are approved by a technical specialist as required under Sub-Item (5)(e) of this Rule.
(b) Nutrient management plans for application of Class A bulk, and Class B, wastewater residuals regulated under 15A NCAC 02T .1100 and septage application regulated under 15A NCAC 13B .0815 through .0829 shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission in 15A NCAC 06E .0104, including any subsequent amendments and editions to such rule that are in place at the time that plans are approved by the permitting agency. This compliance includes addressing the phosphorus requirements of US Department of Agriculture Natural Resources Conservation Service Practice Standard 590 regarding Nutrient Management.
(c) Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule shall follow the applicable guidance contained in the most recent version of North Carolina Cooperative Extension Service publications "Water Quality and Professional Lawn Care" (NCCES publication number WQWM-155), "Water Quality and Home Lawn Care" (NCCES publication number WQWM-151), or "Water Quality for Golf Course Superintendents and Professional Turf Managers" (NCCES publication number WQWM-156 Revised) as appropriate for the activity. The above-referenced guidelines are hereby incorporated by reference including any subsequent amendments and editions. Copies may be obtained from the Division of Water Quality, 512 North Salisbury Street, Raleigh, North Carolina 27604 at no cost. Nutrient management plans may also follow other guidance distributed by land-grant universities for turfgrass management as long as it is equivalent to or more stringent than the above-listed guidelines.
(d) Nutrient management plans for ornamental and floriculture production shall follow the Nutrient Management section of the most recent version of the Southern Nursery Association guidelines promulgated in "Best Management Practices – A BMP Guide For Producing Container and Field Grown Plants". Copies may be obtained from the Southern Nursery Association, 1827 Powers Ferry Road SE, Suite 4-100, Atlanta, GA 30339-8422 or from . The materials related to nutrient management plans for ornamental and floriculture production are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina 27604. Nutrient management plans for ornamental and floriculture production may also follow other guidance distributed by land-grant universities for such production as long as it is equivalent or more stringent than the above-listed guidelines.
(e) The nutrient management plan shall be approved in writing by an appropriate technical specialist, as defined in 15A NCAC 06H .0102(9), as follows:
(i) Nutrient management plans for cropland using either inorganic or organic nutrients, except those using biosolids or septage, shall be approved by a technical specialist designated pursuant to the process and criteria specified in rules adopted by the Soil and Water Conservation Commission for nutrient management planning, including 15A NCAC 06H .0104, excepting Sub-Item (a)(2) of that Rule.
(ii) Nutrient management plans for lands identified in Sub-Item (2)(c) of this Rule, ornamental and floriculture production shall be approved by a technical specialist designated by the Soil and Water Conservation Commission pursuant to the process and criteria specified in 15A NCAC 06H .0104 excepting Sub-Item (a)(2) of that Rule. If the Soil and Water Conservation Commission does not designate such technical specialists, then the Environmental Management Commission shall do so using the same process and criteria.
(f) Persons with approved waste utilization plans that are required under state or federal animal waste regulations are deemed in compliance with this Rule as long as they are compliant with their approved waste utilization plans.
(g) Nutrient management plans and supporting documents must be kept on-site or be produced within 24 hours of a request by the Division.
(6) COMPLIANCE. The following constitute the compliance requirements of this Rule:
(a) For proposed new application of Class A bulk, and Class B, wastewater residuals pursuant to permits obtained under 15A NCAC 02T .1100 or its predecessor, and septage application pursuant to permits obtained under 15A NCAC 13B .0815 through .0829, all applications for new permits shall be made according to, and subsequent nutrient applications shall comply with, the applicable requirements of this Rule as of its effective date.
(b) For existing, ongoing application of residuals and septage as defined in this Item, beginning one year after the effective date of this Rule, all applications for renewal of existing permits shall be made according to, and subsequent nutrient applications shall comply with, the applicable requirements of this Rule.
(c) For all other application with the exception of the application of residuals and septage as defined in this Item, the requirements of this Rule shall become effective three years after its effective date and shall apply to all application of nutrients on lands subject to this Rule after that date.
(d) Persons who fail to comply with this Rule are subject to enforcement measures authorized in G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
History Note: Authority G. S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009.
15a ncac 02b .0273 jordan water supply nutrient strategy: options for offsetting nutrient loads
PURPOSE. This Rule provides parties subject to other rules within the Jordan nutrient strategy with options for meeting rule requirements by obtaining or buying credit for activities conducted by others (sellers) that produce excess load reductions relative to rule requirements. It provides the potential for parties who achieve excess load reductions to recover certain costs by selling such credits, and it provides opportunity for private parties to produce reductions and sell credits for profit. Overall it provides the potential for more cost-effective achievement of strategy reduction goals. Accounting is required to ensure and track the availability and use of trading credits. This accounting will be compared against compliance accounting required under other rules of the Jordan nutrient strategy. This Rule furthers the adaptive management intent of the strategy to protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan watershed. The minimum requirements for these offset options are:
(1) PREREQUISITES. The following buyers shall meet applicable criteria identified here and in rules imposing reduction requirements on them before utilizing the option outlined in this Rule:
(a) Agriculture Rule .0264: Agricultural producers shall receive approval from the Watershed Oversight Committee to obtain offsite credit pursuant to the conditions of Sub-Item (5)(b);
(b) New Development Rule .0265: Developers shall meet onsite reduction requirements enumerated in Sub-Item (3)(a)(vii) before obtaining offsite credit;
(c) Wastewater Rule .0270: New and expanding dischargers shall first make all reasonable efforts to obtain allocation from existing dischargers as stated in Sub-Items (7)(a)(ii) and (8)(a)(ii), respectively; and
(d) State and Federal Entities Stormwater Rule .0271:
(i) Non-DOT entities shall meet onsite new development reduction requirements enumerated in Sub-Item (3)(a)(vi); and
(ii) NC DOT shall meet onsite non-road new development reduction requirements enumerated in Sub-Item (4)(c)(iii) before obtaining offsite credit.
(2) The party seeking approval to sell excess loading reduction credits pursuant to this Rule shall demonstrate to the Division that such reductions meet the following criteria:
(a) Loading reductions eligible for credit are only those in excess of load reduction goals or percentage reductions required under rules in this Section or in excess of the percentage load reduction goals established in Rule .0262 of this strategy as applied to sources not addressed by rules in this section;
(b) Load reductions eligible for credit shall not include reductions achieved under other regulations to mitigate or offset actions that increase nutrient loading;
(c) These excess loading reductions shall be available as credit only within the same subwatershed of the Jordan watershed, as defined in Rule .0262 of this Section, as the reduction need that they propose to offset;
(d) The party seeking to sell credits shall define the nature of the activities that would produce excess reductions and define the magnitude and duration of those reductions to the Division, including addressing the following items:
(i) Account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction in reaching the affected arm of Jordan Reservoir;
(ii) Quantify and account for the relative uncertainties in reduction need estimates and excess loading reduction estimates;
(iii) Ensure that excess loading reductions shall take place at the time and for the duration in which the reduction need occurs; and
(iv) Demonstrate means adequate for assuring the achievement and claimed duration of excess loading reduction, including the cooperative involvement of any other involved parties.
(3) The party seeking approval to sell excess loading reductions shall provide for accounting and tracking methods that ensure genuine, accurate, and verifiable achievement of the purposes of this Rule. The Division shall work cooperatively with interested parties at their request to develop such accounting and tracking methods to support the requirements of Item (2) of this Rule.
(4) Proposals for use of offsetting actions as described in this Rule shall become effective after determination by the Director that the proposal contains adequate scientific or engineering standards or procedures necessary to achieve and account for load reductions as required under Sub-Items (2) and (3) of this Rule, and that specific accounting tools required for these purposes in individual rules have been adequately established. In making this determination, the Director shall also evaluate the potential for excess loading to produce localized adverse water quality impacts that contribute to impairment of classified uses of the affected waters.
History Note: Authority G S. 143-214.1; 143-214.5; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-214.12; 143-214.21; 143 215.8B; 143B-282(c); 143B-282(d); S.L. 1999; c. 329, s. 7.1; S.L. 2005-190; S.L. 2006-259;
Eff. August 11, 2009.
15A NCAC 02B .0274 NUTRIENT OFFSET PAYMENT RATES FOR THE nc eCOSYSTEM ENHANCEMENT pROGRAM
History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; S.L. 1995, c. 572; S.L. 2006, c. 215; S.L. 2007, c. 438; S.L. 2009, c. 337; S.L. 2009, c. 484; S.L. 2009, c. 486;
Eff. September 1, 2010;
Transferred to 15A NCAC 02R .0602 Eff. May 1, 2015.
15A NCAC 02B .0275 FAlls Water Supply nutrient strategy: purpose and scope
PURPOSE. The purpose of this Rule and Rules 15A NCAC 02B .0276 through .0282 and .0315(q) shall be to attain the classified uses of Falls of the Neuse Reservoir set out in 15A NCAC 02B .0211 from current impaired conditions related to excess nutrient inputs; protect its classified uses as set out in 15A NCAC 02B .0216, including use as a source of water supply for drinking water; and maintain and enhance protections currently implemented by local governments in existing water supply watersheds encompassed by the watershed of Falls of the Neuse Reservoir. The reservoir, and all waters draining to it, have been supplementally classified as Nutrient Sensitive waters (NSW) pursuant to 15A NCAC 02B .0101(e)(3) and 15A NCAC 02B .0223. These Rules, as enumerated in Item (6) of this Rule, together shall constitute the Falls water supply nutrient strategy, or Falls nutrient strategy, and shall be implemented in accordance with 15A NCAC 02B .0223. The following items establish the framework of the Falls nutrient strategy:
(1) SCOPE AND LIMITATION. Falls of the Neuse Reservoir is hereafter referred to as Falls Reservoir. All lands and waters draining to Falls Reservoir are hereafter referred to as the Falls watershed. The Falls nutrient strategy rules require controls that reduce nitrogen and phosphorus loads from significant sources of these nutrients throughout the Falls watershed. These Rules do not address atmospheric emission sources of nitrogen that is deposited into the watershed but do include provisions to account for reductions in such deposition as the water quality benefits of air quality regulations are quantified. Neither do these Rules address sources on which there is insufficient scientific knowledge to base regulation, other sources deemed adequately addressed by existing regulations, sources currently considered minor, or nutrient contributions from lake sediments, which are considered outside the scope of these Rules. The Commission may undertake additional rulemaking in the future or make recommendations to other rulemaking bodies as deemed appropriate to more fully address nutrient sources to Falls Reservoir. While the scope of these Rules is limited to the reduction of nutrient loads to surface waters, practitioners are encouraged to maximize opportunities for concurrently benefiting other ecosystem services where feasible in the course of achieving the nutrient objectives.
(2) CRITICAL WATER SUPPLY WATERSHED DESIGNATION. Water supply waters designated WS-II, WS-III, and WS-IV within the Falls watershed shall retain their classifications. The remaining waters in the Falls watershed shall be classified WS-V. The requirements of all of these water supply classifications shall be retained and applied except as specifically noted elsewhere within the Falls nutrient strategy. In addition, pursuant to G.S. 143-214.5(b), the entire Falls watershed shall be designated a critical water supply watershed and through the Falls nutrient strategy given additional, more stringent requirements than the state minimum water supply watershed management requirements. Water supply requirements of 15A NCAC 02B .0104 apply except to the extent that requirements of the Falls nutrient strategy are more stringent than provisions addressing agriculture, forestry, and existing development. These requirements supplement the water quality standards applicable to Class C waters, as described in Rule .0211 of this Section, which apply throughout the Falls watershed. Water supply watershed requirements shall be as follows:
(a) For WS-II, WS-III, and WS-IV waters, the retained requirements of Rules 15A NCAC 02B .0214 through .0216 are characterized as follows:
(i) Item (1) addressing best usages;
(ii) Item (2) addressing predominant watershed development conditions, discharges expressly allowed watershed-wide, general prohibitions on and allowances for domestic and industrial discharges, Maximum Contaminant Levels following treatment, and the local option to seek more protective classifications for portions of existing water supply watersheds;
(iii) Sub-Item (3)(a) addressing wastewater discharge limitations;
(iv) Sub-Item (3)(b) addressing nonpoint source and stormwater controls; and
(v) Sub-Items (3)(c) through (3)(h) addressing aesthetic and human health standards.
(b) For waters classified WS-V, the requirements of water supply Rule 15A NCAC 02B .0218 shall be applied.
(3) GOAL AND OBJECTIVES. To achieve the purpose of the Falls nutrient strategy, the Commission establishes the goal of attaining and maintaining nutrient-related water quality standards identified in 15A NCAC 02B .0211 throughout Falls Reservoir pursuant to G.S. 143-215.8B and 143B-282(c) and (d) of the Clean Water Responsibility Act of 1997. The Commission establishes a staged and adaptive implementation plan, outlined hereafter, to achieve the following objectives. The objective of Stage I is to, at minimum, achieve and maintain nutrient-related water quality standards in the Lower Falls Reservoir as soon as possible but no later than January 15, 2021 and to improve water quality in the Upper Falls Reservoir.
The objective of Stage II is to achieve and maintain nutrient-related water quality standards throughout Falls Reservoir. This is estimated to require a reduction of 40 and 77 percent in average annual mass loads of nitrogen and phosphorus respectively, delivered from the sources named in Item (6) in the Upper Falls Watershed from a baseline of 2006. The resulting Stage II allowable loads to Falls Reservoir from the watersheds of Ellerbe Creek, Eno River, Little River, Flat River, and Knap of Reeds Creek shall be 658,000 pounds of nitrogen per year and 35,000 pounds of phosphorus per year.
(4) STAGED IMPLEMENTATION. The Commission shall employ the staged implementation plan set forth below to achieve the goal of the Falls nutrient strategy:
(a) STAGE I. Stage I requires intermediate or currently achievable controls throughout the Falls watershed with the objective of reducing nitrogen and phosphorus loading, and attaining nutrient-related water quality standards in the Lower Falls Reservoir as soon as possible but no later than January 15, 2021, while also improving water quality in the Upper Falls Reservoir as described in this Item. Implementation timeframes are described in individual rules, with full implementation occurring no later than January 15, 2021;
(b) STAGE II. Stage II requires implementation of additional controls in the Upper Falls Watershed beginning no later than January 15, 2021 to achieve nutrient-related water quality standards throughout Falls Reservoir by 2041 to the maximum extent technically and economically feasible, with progress toward this overall objective as described in Sub-Item (5)(a); and
(c) MAINTENANCE OF ALLOCATIONS. Sources shall maintain the load reductions required under these Rules beyond the implementation stages.
(5) ADAPTIVE IMPLEMENTATION. The Commission shall employ the following adaptive implementation plan in concert with the staged implementation approach described in this Rule:
(a) The Division shall perform water quality monitoring throughout Falls Reservoir and shall accept reservoir water quality monitoring data provided by other parties that meet Division standards and quality assurance protocols. The Division shall utilize this data to estimate load reduction achieved and to perform periodic use support assessments pursuant to 40 CFR 130.7(b). It shall evaluate use support determinations to judge progress on and compliance with the goal of the Falls nutrient strategy, including the following assessments:
(i) Attainment of nutrient-related water quality standards downstream of Highway NC-98 crossing of Falls Reservoir no later than January 15, 2016;
(ii) Attainment of nutrient-related water quality standards in the Lower Falls Reservoir no later than January 15, 2021;
(iii) Attainment of nutrient-related water quality standards in the Lick Creek arm of Falls Reservoir and points downstream no later than January 15, 2026;
(iv) Attainment of nutrient-related water quality standards in the Ledge and Little Lick Creek arms of Falls Reservoir and points downstream no later than January 15, 2031;
(v) Attainment of nutrient-related water quality standards at points downstream of the Interstate 85 crossing of Falls Reservoir no later than January 15, 2036;
(vi) Attainment of nutrient-related water quality standards throughout Falls Reservoir no later than 2041;
(vii) Where the Division finds that acceptable progress has not been made towards achieving nutrient-related water quality standards throughout Falls Reservoir defined in Sub-Items (i) through (vi) of this Item or that conditions have deteriorated in a segment of Falls Reservoir as described in this Item, at any time, it shall evaluate compliance with the Falls nutrient strategy rules, and may request Commission approval to initiate additional rulemaking;
(viii) Where the Division finds, based on reservoir monitoring, that nutrient-related water quality standards are attained in a previously impaired segment of Falls Reservoir, as described in this Item, and are met for sufficient time to demonstrate sustained maintenance of standards, as specified in individual rules of this strategy, it shall notify affected parties in that segment's watershed that further load reductions are not required and of requirements for maintenance of measures to prevent loading increases. Sufficient time is defined as at least two consecutive use support assessments demonstrating compliance with nutrient-related water quality standards in a given segment of Falls Reservoir.
(b) The Division, to address resulting uncertainties including those related to technological advancement, scientific understanding, actions chosen by affected parties, loading effects, and loading effects of other regulations, shall report to the Commission and provide information to the public in January 2016 and every five years thereafter as necessary. The reports shall address all of the following subjects:
(i) Changes in nutrient loading to Falls Reservoir and progress in attaining nutrient-related water quality standards as described in Sub-Items (5)(a)(i) through (vi) of this Rule;
(ii) The state of wastewater and stormwater nitrogen and phosphorus control technology, including technological and economic feasibility;
(iii) Use and projected use of wastewater reuse and land application opportunities;
(iv) The utilization and nature of nutrient offsets and projected changes. This shall include an assessment of any load reduction value derived from preservation of existing forested land cover;
(v) Results of any studies evaluating instream loading changes resulting from implementation of rules;
(vi) Results of any studies evaluating nutrient loading from conventional septic systems and discharging sand filter systems;
(vii) Assessment of the instream benefits of local programmatic management measures such as fertilizer or pet waste ordinances, improved street sweeping and the extent to which local governments have implemented these controls;
(viii) Results of applicable studies, monitoring, and modeling from which a baseline will be established to address changes in atmospheric deposition of nitrogen;
(ix) Recent or anticipated changes in regulations affecting atmospheric nitrogen emissions and their projected effect on nitrogen deposition;
(x) Results of any studies evaluating nutrient loading from groundwater;
(xi) Updates to nutrient loading accounting tools; and
(c) The Division shall submit a report to the Commission in July 2025 that shall address the following subjects in addition to the content required elsewhere under this Item:
(i) The physical, chemical, and biological conditions of the Upper Falls Reservoir including nutrient loading impacts;
(ii) Whether alternative regulatory action pursuant to Sub-Item (5)(g) would be sufficient to protect existing uses as required under the Clean Water Act;
(iii) The impact of management of the Falls Reservoir on water quality in the Upper Falls Reservoir;
(iv) The methodology used to establish compliance with nutrient-related water quality standards in Falls Reservoir and the potential for using alternative methods;
(v) The feasibility of achieving the Stage II objective; and
(vi) The estimated costs and benefits of achieving the Stage II objective;
(d) The Division shall make recommendations, if any, on rule revisions based on the information reported pursuant to Sub-Items (b) and (c) of this Rule;
(e) In developing the reports required under Sub-Items (b) and (c) of this Rule, the Division shall consult with and consider information submitted by local governments and other persons with an interest in Falls Reservoir. Following receipt of a report, the Commission shall consider whether revisions to the requirements of Stage II are needed and may initiate rulemaking or any other action allowed by law;
(f) Recognizing the uncertainty associated with model-based load reduction targets, to ensure that allowable loads to Falls Reservoir remain appropriate as implementation proceeds, a person may at any time during implementation of the Falls nutrient strategy develop and submit for Commission approval supplemental nutrient response modeling of Falls Reservoir based on additional data collected after a period of implementation. The Commission may consider revisions to the requirements of Stage II based on the results of such modeling as follows:
(i) A person shall obtain Division review and approval of any monitoring study plan and description of the modeling framework to be used prior to commencement of such a study. The study plan and modeling framework shall meet any Division requirements for data quality and model support or design in place at that time. Within 180 days of receipt, the division shall either approve the plan and modeling framework or notify the person seeking to perform the supplemental modeling of changes to the plan and modeling framework required by the Division;
(ii) Supplemental modeling shall include a minimum of three years of lake water quality data unless the person performing the modeling can provide information to the Division demonstrating that a shorter time span is sufficient;
(iii) The Commission may accept modeling products and results that estimate a range of combinations of nitrogen and phosphorus percentage load reductions needed to meet the goal of the Falls nutrient strategy, along with associated allowable loads to Falls Reservoir, from the watersheds of Ellerbe Creek, Eno River, Little River, Flat River, and Knap of Reeds Creek and that otherwise comply with the requirements of this Item. Such modeling may incorporate the results of studies that provide new data on various nutrient sources such as atmospheric deposition, internal loading, and loading from tributaries other than those identified in this Sub-item. The Division shall assure that the supplemental modeling is conducted in accordance with the quality assurance requirements of the Division;
(iv) The Commission shall review Stage II requirements if a party submits supplemental modeling data, products and results acceptable to the Commission for this purpose. Where supplemental modeling is accepted by the Commission, and results indicate allowable loads of nitrogen and phosphorus to Falls Reservoir from the watersheds of Ellerbe Creek, Eno River, Little River, Flat River, and Knap of Reeds Creek that are substantially different than those identified in Item (3), then the Commission may initiate rulemaking to establish those allowable loads as the revised objective of Stage II relative to their associated baseline values;
(g) Nothing in this strategy shall be construed to limit, expand, or modify the authority of the Commission to undertake alternative regulatory actions otherwise authorized by state or federal law, including the reclassification of waters of the State pursuant to G.S. 143-214.1, the revision of water quality standards pursuant to G.S. 143-214.3, and the granting of variances pursuant to G.S. 143-215.3.
(6) RULES ENUMERATED. The Falls nutrient strategy rules consists of the following rules titled as follows:
(a) Rule .0275 Purpose and Scope;
(b) Rule .0276 Definitions. An individual rule may contain additional definitions for terms that are used in that rule only;
(c) Rule .0277 Stormwater Management for New Development;
(d) Rule .0278 Stormwater Management for Existing Development;
(e) Rule .0279 Wastewater Discharge Requirements;
(f) Rule .0280 Agriculture;
(g) Rule .0281 Stormwater Requirements for State and Federal Entities;
(h) Rule .0282 Options for Offsetting Nutrient Loads; and
(i) Rule .0315 Neuse River Basin.
(7) APPLICABILITY. Categories of parties required to implement the Falls nutrient strategy rules and, as applicable, their geographic scope of responsibility, are identified in each rule. The specific local governments responsible for implementing Rules .0277, .0278, and .0282 shall be as follows:
(a) All incorporated municipalities, as identified by the Office of the Secretary of State, with planning jurisdiction within or partially within the Falls watershed. Those municipalities are currently:
(i) Butner;
(ii) Creedmoor;
(iii) Durham;
(iv) Hillsborough;
(v) Raleigh;
(vi) Roxboro;
(vii) Stem; and
(viii) Wake Forest;
(b) All counties with jurisdiction in Falls watershed and for land where municipalities listed in Sub-Item (7)(a) do not have an implementation requirement:
(i) Durham;
(ii) Franklin;
(iii) Granville;
(iv) Orange;
(v) Person; and
(vi) Wake;
(c) A unit of government may arrange through interlocal agreement or other instrument of mutual agreement for another unit of government to implement portions or the entirety of a program required or allowed under any rule of this strategy to the extent that such an arrangement is otherwise allowed by statute. The governments involved shall submit documentation of any such agreement to the Division. No such agreement shall relieve a unit of government from its responsibilities under these Rules.
(8) ENFORCEMENT. Failure to meet requirements of Rules .0275, .0277, .0278, .0279, .0280, .0281, or .0282 of this Section may result in imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010).
15A NCAC 02B .0276 Falls WATER SUPPLY NUTRIENT STRATEGY: DEFINITIONS
(a) Unless the context indicates otherwise, the following words and phrases, which are not defined in G.S. 143, Article 21, shall be interpreted as follows for the purposes of the Falls nutrient strategy:
(1) "Allocation" means the mass quantity of nitrogen or phosphorus that a discharger, group of dischargers, nonpoint source, or collection of nonpoint sources is assigned. For point sources, possession of allocation does not authorize the discharge of nutrients but is prerequisite to such authorization through a NPDES permit, and allocation may be further distinguished as follows:
(A) "Active" allocation means that portion of an allocation that has been applied toward and is expressed as a nutrient limit in an individual NPDES permit;
(B) "Reserve" allocation means allocation that is held by a permittee or other person but which has not been applied toward and is not expressed as a nutrient limit in an individual NPDES permit;
(2) "Applicator" means the same as defined in 15A NCAC 02B .0202(4);
(3) "Atmospheric nitrogen" means total oxidized nitrogen (NOy) which includes all nitrogen oxides (including NO2, NO, N2, nitrogen trioxide [N2O3], nitrogen tetroxide [N2O4], dinitrogen pentoxide [N2O5], nitric acide (HNO3) peroxyacl nitrates (PAN)), the sum of which is referred to as reduced nitrogen (NHx));
(4) "Delivered," as in delivered allocation, load, or limit, means the allocation, load, or limit that is measured or predicted at Falls Reservoir;
(5) "Development" means the same as defined in 15A NCAC 02B .0202(23);
(6) "Discharge," as in discharge allocation, load, or limit means the allocation, load, or limit that is measured at the point of discharge into surface waters in the Falls watershed;
(7) "Existing development" means development, other than that associated with agricultural or forest management activities that meets one of the following criteria:
(A) It either is built or has established a vested right based on statutory or common law as interpreted by the courts, as of the effective date of either local new development stormwater programs implemented under 15A NCAC 02B .0277 for projects that do not require a state permit or, as of the applicable compliance date established in 15A NCAC 02B .0281(5) and (6); or
(B) It occurs after the compliance date set out in Sub-Item (5)(d) of Rule .0277 but does not result in a net increase in built-upon area;
(8) "Falls nutrient strategy," or "Falls water supply nutrient strategy" means the set of 15A NCAC 02B .0275 through .0282 and .0315(p);
(9) "Falls Reservoir" means the surface water impoundment operated by the US Army Corps of Engineers and named Falls of Neuse Reservoir;
(10) "Upper Falls Reservoir" means that portion of the reservoir upstream of State Route 50;
(11) "Upper Falls Watershed" means that area of Falls watershed draining to Upper Falls Reservoir;
(12) "Lower Falls Reservoir" means that portion of the reservoir downstream of State Route 50;
(13) "Lower Falls Watershed" means that are of Falls watershed draining to lower falls Reservoir without first passing through Upper Falls Reservoir;
(14) "Load" means the mass quantity of a nutrient or pollutant released into surface waters over a given time period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or an equivalent "discharge load;"
(15) "Load allocation" means the same as set forth in federal regulations 40 CFR 130.2(g), which is incorporated herein by reference, including subsequent amendments and editions. These regulations may be obtained at no cost from or from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401;
(16) "New development" means any development project that does not meet the definition of existing development set out in this Rule;
(17) "Nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in a water or wastewater;
(18) "NPDES" means National Pollutant Discharge Elimination System, and connotes the permitting process required for the operation of point source discharges in accordance with the requirements of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq;
(19) "Nutrients" means total nitrogen and total phosphorus;
(20) "Phosphorus" or "total phosphorus" means the sum of the orthophosphate, polyphosphate, and organic forms of phosphorus in a water or wastewater;
(21) "Stream" means a body of concentrated flowing water in a natural low area or natural channel on the land surface;
(22) "Surface waters" means all waters of the state as defined in G.S. 143-212 except underground waters;
(23) "Technical specialist" means the same as defined in 15A NCAC 06H .0102(9);
(24) "Total nitrogen" means the same as 'nitrogen' defined in Item (17);
(25) "Total phosphorus" means the same as 'phosphorus' defined in Item (20);
(26) "Wasteload" means the mass quantity of a nutrient or pollutant released into surface waters by a wastewater discharge over a given time period. Wasteloads may be expressed in terms of pounds per year and may be expressed as "delivered wasteload" or an equivalent "discharge wasteload;" and
(27) "Wasteload allocation" means the same as set forth in federal regulations 40 CFR 130.2(h), which is incorporated herein by reference, including subsequent amendments and editions. These regulations may be obtained at no cost from or from the U.S. Government Printing Office, 732 North Capitol St. NW, Washington D.C., 20401.
(b) The definitions in Rule .0279 shall also apply throughout these Falls Water Supply Nutrient Strategy rules.
History Note: Authority G.S. 143-214.1; 1432-214.3;143-214.5; 143-214.7; 143-215.1; 143215.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L 2009-337; S.L 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010).
15a ncac 02b .0277 Falls Reservoir water supply nutrient strategy: stormwater management for new development
The following is the stormwater strategy, as prefaced in 15A NCAC 02B .0275, for new development activities within the Falls watershed:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nitrogen and phosphorus loading objectives established for Falls Reservoir in 15A NCAC 02B .0275 from lands in the Falls watershed on which new development occurs;
(b) To provide control for stormwater runoff from new development in Falls watershed to ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows; and
(c) To protect the water supply, aquatic life and recreational uses of Falls Reservoir from the potential impacts of new development.
(2) APPLICABILITY. This Rule shall apply to those areas of new development that lie within the Falls watershed and the planning jurisdiction of a municipality or county that is identified in 15A NCAC 02B .0275. This Rule shall not apply to development activities on state and federal lands that are set out in Rule .0281 of this Section.
(3) REQUIREMENTS. All local governments subject to this Rule shall develop stormwater management programs for submission to and approval by the Commission, to be implemented in areas described in Item (2) of this Rule. Nothing in this Rule preempts local governments from establishing requirements that are more restrictive than those set forth in this Rule. Local government stormwater management programs shall include the following elements and the standards contained in Item (4):
(a) The requirement that a stormwater management plan shall be submitted for local government approval based on the standards in Item (4) for all proposed new development disturbing one-half acre or more for single family and duplex residential property and recreational facilities, and 12,000 square feet or more for commercial, industrial, institutional, multifamily residential, or local government property;
(b) A plan to ensure maintenance of best management practices (BMPs) implemented to comply with this rule for the life of the development; and
(c) A plan to ensure enforcement and compliance with the provisions in Item (4) of this Rule for the life of the new development.
(4) PLAN APPROVAL REQUIREMENTS. A developer's stormwater plan shall not be approved by a subject local government unless the following criteria are met:
(a) Nitrogen and phosphorus loads contributed by the proposed new development activity shall not exceed the following unit-area mass loading rates for nitrogen and phosphorus, respectively, expressed in units of pounds/acre/year: 2.2 and 0.33. Proposed development that would replace or expand structures or improvements that existed as of December 2006, the end of the baseline period, and that would not result in a net increase in built-upon area shall not be required to meet the nutrient loading targets or high-density requirements except to the extent that the developer shall provide stormwater control at least equal to the previous development. Proposed development that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option either to achieve at least the percentage loading reduction objectives stated in 15A NCAC 02B .0275 as applied to nitrogen and phosphorus loading from the previous development for the entire project site, or to meet the loading rate targets described in this Item. These requirements shall supersede those identified in 15A NCAC 02B .0104(q). The developer shall determine the load reductions needed to meet these loading rate targets by using the loading calculation method called for in Sub-Item (5)(a) or other equivalent method acceptable to the Division;
(b) The developer shall have the option of offsetting part of the nitrogen and phosphorus load by implementing or funding offsite offset measures. Before using an offsite offset option, a development shall implement onsite structural stormwater controls that achieve one of the following levels of reductions:
(i) Proposed new development activity disturbing at least one-half acre but less than one acre of land for single family and duplex residential property and recreational facilities, except as stated in Sub-Item (4)(b)(iv), shall achieve 30 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in Sub-Item (4)(e) of this Rule;
(ii) Proposed new development activity disturbing at least 12,000 but less than one acre of land for commercial, industrial, institutional, multifamily residential, or local government property, except as stated in Sub-Item (4)(b)(iv), shall achieve 30 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in Sub-Item (4)(e) of this Rule;
(iii) Except as stated in Sub-Item (4)(b)(iv), proposed new development activity that disturbs one acre of land or more shall achieve 50 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in Sub-Item (4)(e) of this Rule; or
(iv) Proposed development that would replace or expand structures or improvements that existed as of December 2006 and that increases impervious surface within a local government's designated downtown area, regardless of area disturbed, shall achieve 30 percent of the needed load reduction in both nitrogen and phosphorus onsite, and shall meet any requirements for engineered stormwater controls described in Sub-Item (4)(e) of this Rule;
(c) Offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus loading to the remaining reduction needed onsite to comply with the loading rate targets set out in Sub-Item (4)(a) of this Item. A developer may use any measure that complies with the requirements of Rules .0703 and .0282 of this Subchapter;
(d) Proposed new development subject to NPDES, water supply, and other state-mandated stormwater regulations shall comply with those regulations in addition to the other requirements of this Sub-item. Proposed new development in any water supply watershed in the Falls watershed designated WS-II, WS-III, or WS-IV shall comply with the density-based restrictions, obligations, and requirements for engineered stormwater controls, clustering options, operation and maintenance responsibilities, vegetated setbacks, land application, and landfill provisions described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable rule among 15A NCAC 02B .0214 through .0216. Provided, the allowance in water supply watershed rules for 10 percent of a jurisdiction to be developed at up to 70 percent built-upon area without stormwater treatment shall not be available in the Falls watershed;
(e) Stormwater systems shall be designed to control and treat at a minimum the runoff generated from all surfaces in the project area by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards specific to each practice as provided in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division, or other at least technically equivalent standards acceptable to the Division;
(f) To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, at a minimum, the new development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event;
(g) New development may satisfy the requirements of this Rule by meeting the post-development hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact Development Guidebook dated June 2009, or the hydrologic criteria in the most recent version of that guidebook;
(h) Proposed new development shall demonstrate compliance with the riparian buffer protection requirements of 15A NCAC 02B .0233 and .0242 or subsequent amendments or replacements to those requirements.
(5) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) No later than March 15, 2011, the Division shall submit a model local stormwater program, including a model local ordinance that embodies the criteria described in Items (3) and (4) of this Rule to the Commission for approval. The model program shall include a tool that will allow developers to account for nutrient loading from development lands and loading changes due to BMP implementation to meet the requirements of Items (3) and (4) of this Rule. The accounting tool shall utilize nutrient efficiencies and associated design criteria established for individual BMPs in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division, or other more precise standards acceptable to the Division. At such time as data quantifying nutrient loads from onsite wastewater systems is made available, the new development nutrient export accounting tool shall be revised to require accounting for nutrient loading from onsite wastewater from newly developed lands that use such systems. Should research quantify significant loading from onsite wastewater systems, the Division may also make recommendations to the Commission for Public Health to initiate rulemaking to reduce nutrient loading to surface waters from these systems. The Division shall work in cooperation with subject local governments and other watershed interests in developing this model program;
(b) Within five months after the Commission's approval of the model local stormwater program and model ordinance, subject local governments shall submit stormwater management programs, in conjunction with similar requirements in 15A NCAC 02B .0278, to the Division for preliminary approval. These local programs shall meet or exceed the requirements in Items (3) and (4) of this Rule;
(c) Within 10 months after the Commission's approval of the model local stormwater program, the Division shall provide recommendations to the Commission on local stormwater programs. The Commission shall either approve the programs or require changes based on the standards set out in Items (3) and (4) of this Rule. Should the Commission require changes, the applicable local government shall have two months to submit revisions, and the Division shall provide follow-up recommendations to the Commission within two months after receiving revisions;
(d) Within six months after the Commission's approval of a local program, or upon the Division's first renewal of a local government's NPDES stormwater permit, whichever occurs later, the affected local government shall complete adoption of and implement its local stormwater management program; and
(e) Upon implementation, subject local governments shall submit annual reports to the Division summarizing their activities in implementing each of the requirements in Items (3) and (4) of this Rule, including changes to nutrient loading.
(6) EQUIVALENT PROGRAM OPTION. A local government may in its program submittal under Sub-Item (5)(b) of this Rule request that the Division accept the local government's implementation of another stormwater program or programs as satisfying one or more of the requirements set forth in Items (3) and (4) of this Rule. The Division shall provide determination on the acceptability of any such alternative prior to requesting Commission approval of local programs as required in Sub-Item (5)(c) of this Rule. Should a local government propose alternative requirements to achieve and maintain the rate targets described in Sub-Item (4)(a) of this Rule, it shall include in its program submittal technical information demonstrating the adequacy of those requirements. Should an alternative program propose monitoring of watersheds to compare measured loading to expected loading, it shall at a minimum include the following:
(a) Engineering calculations that quantify expected loading from new development projects based on stormwater controls currently enforced;
(b) At least three years of continuous flow and nutrient monitoring data demonstrating that watershed loading rates are at or below rates that would result from meeting the requirements of this Rule and Rule .0278 of this Section based on the land cover composition of the watershed;
(c) An ongoing water quality monitoring program based on continuous flow and concentration sampling to be performed indefinitely into the future with results reported annually to the Division for review and approval;
(d) A corrective action plan to be implemented should data collected under the ongoing monitoring program demonstrate watershed loading is within 10 percent of the rate estimated in compliance with this Item; and
(e) Should a local government submit an alternate program for consideration that includes areas within its jurisdiction outside of the monitored watershed it shall submit technical information demonstrating the areas outside of the monitored watershed can reasonably be expected to load at equal or lesser rates than those estimated in compliance with this Item based on comparative analysis of land uses and other factors affecting nutrient loading.
History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010);
Amended Eff. April 1, 2020.
15a ncac 02b .0278 falls water supply nutrient strategy: stormwater management for existing development
This Rule establishes a staged, adaptive approach by which municipalities and counties shall contribute to achieving the nonpoint source loading objectives of the Falls Reservoir nutrient strategy by reducing or otherwise offsetting nutrient contributions from existing development. It provides local governments three years to develop programs that propose Stage I load reduction actions to the Division and requires local governments to begin and track measures to reduce nutrient loads from existing developed lands within their jurisdiction by January 15, 2014, as specified in Item (7). Local governments shall submit for approval and implement Stage II load reduction programs by January 15, 2021 and submit revised load reductions programs every five years thereafter. The following is the watershed stormwater strategy, as prefaced in Rule 15A NCAC 02B .0275, for existing development in the Falls watershed:
(1) PURPOSE. The purposes of this Rule are as follows:
(a) To achieve and maintain the nonpoint source nitrogen and phosphorus percentage reduction objectives established for Falls Reservoir in Rule 15A NCAC 02B .0275 on nutrient loading from existing development in the Falls watershed relative to the baseline period defined in that rule. Existing development is defined in Rule 15A NCAC 02B .0276; and
(b) To protect the water supply, aquatic life, and recreational uses of Falls Reservoir.
(2) APPLICABILITY. This Rule shall apply to municipalities and counties in the Falls watershed as identified in Rule 15A NCAC 02B .0275.
(3) STAGED AND ADAPTIVE IMPLEMENTATION REQUIREMENTS. Local governments shall employ the following staged and adaptive implementation program. All local governments subject to this Rule shall develop load-reducing programs for submission to and approval by the Commission that include the following staged elements and meet the associated minimum standards for each stage of implementation:
(a) In Stage I, a local government subject to this Rule shall implement a load reduction program that provides estimates of, and plans for offsetting by calendar year 2020, nutrient loading increases from lands developed subsequent to the baseline period and not subject to the requirements of the local government's Falls Lake new development stormwater program. For these post-baseline existing developed lands, the current loading rate shall be compared to the loading rate for these lands prior to development for the acres involved, and the difference shall constitute the load reduction need in annual mass load, in pounds per year. Alternatively, a local government may assume uniform pre-development loading rates of 2.89 pounds/acre/year N and 0.63 pounds/acre/year P for these lands. The local government shall achieve this Stage I load reduction by calendar year 2020. This Stage I program shall meet the criteria defined in Item (4) of this Rule;
(b) By January 15, 2021 and every five years thereafter, a local government located in the Upper Falls Watershed shall submit and begin implementing a Stage II load reduction program that meets the following requirements:
(i) If a local government achieves the Stage I reduction objectives described in this Item, a local government's initial Stage II load reduction program shall, at the local government's election, either (A) achieve additional annual reductions in nitrogen and phosphorus loads from existing development greater than or equal to the average annual additional reductions achieved in the last seven years of Stage I or (B) provide for an annual expenditure that equals or exceeds the average annual amount the local government has spent to achieve nutrient reductions from existing development during the last seven years of Stage I. A local government's expenditures shall include all local government funds, including any state and federal grant funds used to achieve nutrient reductions from existing developed lands. The cost of achieving reductions from municipal wastewater treatment plants shall not be included in calculating a local government's expenditures. Notwithstanding this requirement, the EMC may approve an initial Stage II load reduction program based on a lower annual level of reduction or a lower annual level of expenditure if the local government demonstrates that continuing the prior annual level of reduction or annual level of expenditure is not reasonable or cost-effective given the reductions that will be achieved, or the expenditure would cause serious financial hardship to the local government;
(ii) If Stage I reduction objectives are not achieved, a local government's initial Stage II load reduction program shall, at the local government's election, either (A) achieve additional annual reductions in nitrogen and phosphorus loads from existing development greater than or equal to the average annual additional reductions achieved in the highest three years of implementation of Stage I or (B) provide for an annual expenditure that equals or exceeds the average annual amount the local government has spent to achieve nutrient reductions from existing development during the highest three years of implementation of Stage I. Annual expenditures shall be calculated in accordance with Sub-Item (3)(b)(i) of this Item;
(iii) Subsequent five year programs shall be designed to achieve the Stage II percent load reduction goals from existing developed lands in a local government's jurisdiction, shall include timeframes for achieving these goals and shall meet the requirements of Item (4) of this Rule;
(4) ELEMENTS OF LOAD REDUCTION PROGRAMS. A local government's Stage I and Stage II load reduction program shall address the following elements:
(a) Jurisdictions in the Eno River and Little River subwatersheds shall, as a part of their Stage I load reduction programs, begin and continuously implement a program to reduce loading from discharging sand filters and malfunctioning septic systems discharging into waters of the State within those jurisdictions and subwatersheds;
(b) Jurisdictions within any Falls subwatershed in which chlorophyll a levels have exceeded 40 micrograms/liter in more than seventy-five percent of the monitoring events in any calendar year shall, as part of their Stage I load reduction programs, begin and continuously implement a program to reduce nutrient loading into the waters of the State within those jurisdictions and that subwatersheds;
(c) The total amount of nutrient loading reductions in Stage I is not increased for local jurisdictions by the requirements to add specific program components to address loading from malfunctioning septic systems and discharging sand filters or high nutrient loading levels pursuant to Sub-Items (4)(a) and (b) of this Item;
(d) In preparation for implementation of their Stage I and Stage II load reduction programs, local governments shall develop inventories and characterize load reduction potential to the extent that accounting methods allow of the following by January 2013:
(i) Wastewater collection systems;
(ii) Discharging sand filter systems, including availability of or potential for central sewer connection;
(iii) Properly functioning and malfunctioning septic systems;
(iv) Restoration opportunities in utility corridors;
(v) Fertilizer management plans for local government-owned lands;
(vi) Structural stormwater practices, including intended purpose, condition, potential for greater nutrient control; and
(vii) Wetlands and riparian buffers including potential for restoration opportunities;
(e) A local government's load reduction need shall be based on the developed lands that fall within its general police powers and within the Falls watershed;
(f) The load reduction need shall not include lands under state or federal control, and a county shall not include lands within its jurisdictional boundaries that are under municipal police powers;
(g) Nitrogen and phosphorus loading from existing development, including loading from onsite wastewater treatment systems to the extent that accounting methods allow, shall be calculated by applying the accounting tool described in Sub-Item (7)(a) and shall quantify baseline loads of nitrogen and phosphorus to surface waters in the local government's jurisdiction as well as loading changes post-baseline. It shall also calculate target nitrogen and phosphorus loads and corresponding load reduction needs;
(h) The Commission shall recognize reduction credit for early implementation of policies and practices implemented after January 1, 2007 and before timeframes required by this Rule, to reduce runoff and discharge of nitrogen and phosphorus per Session Law 2009-486. The load reduction program shall identify specific load-reducing practices implemented to date subsequent to the baseline period and for which the local government is seeking credit. It shall estimate load reductions for these practices and their anticipated duration using methods provided for in Sub-Item (5)(a);
(i) The program shall include a proposed implementation schedule that includes annual implementation expectations. The load reduction program shall identify the types of activities the local government intends to implement and types of existing development affected, a prioritization of practices, magnitude of reductions it expects to achieve from each, and the costs and efficiencies of each activity to the extent information is available. The program shall identify the duration of anticipated loading reductions, and may seek activities that provide long-term reductions;
(j) The load reduction program shall identify anticipated funding mechanisms or sources and discuss steps take or planned to secure such funding;
(k) The program shall address the extent of load reduction opportunities intended from the following types of lands:
(i) Lands owned or otherwise controlled by the local government;
(ii) Each land use type of privately owned existing development including projected redevelopment, on which the local government's load reduction need is based as described in this Item; and
(iii) Lands other than those on which the local government's load reduction need is based as described in this Item, including lands both within and outside its jurisdiction and including the use of interlocal agreements and private third party sellers;
(l) The program shall address the extent of load reduction proposed from the following stormwater and ecosystem restoration activities:
(i) Bioretention;
(ii) Constructed wetland;
(iii) Sand filter;
(iv) Filter strip;
(v) Grassed swale;
(vi) Infiltration device;
(vii) Extended dry detention;
(viii) Rainwater harvesting system;
(ix) Treatment of redevelopment;
(x) Overtreatment of new development;
(xi) Removal of impervious surface;
(xii) Retrofitting treatment into existing stormwater ponds;
(xiii) Off-line regional treatment systems;
(xiv) Wetland or riparian buffer restoration; and
(xv) Reforestation with conservation easement or other protective covenant;
(m) The program shall evaluate the load reduction potential from the following wastewater activities:
(i) Creation of surplus relative to an allocation established in Rule 15A NCAC 02B .0279;
(ii) Expansion of surplus allocation through regionalization;
(iii) Connection of discharging sand filters and malfunctioning septic systems to central sewer or replacement with permitted non-discharge alternatives;
(iv) Removal of illegal discharges; and
(v) Improvement of wastewater collection systems;
(n) A local government may propose in its load reduction program the use of the following measures in addition to items listed in (l) and (m), or may propose other measures for which it can provide accounting methods acceptable to the Division:
(i) Redirecting runoff away from impervious surfaces;
(ii) Soil amendments;
(iii) Stream restoration;
(iv) Improved street sweeping; and
(v) Source control, such as pet waste and fertilizer ordinances;
(o) The program shall include evaluation of load reduction potential relative to the following factors:
(i) Extent of physical opportunities for installation;
(ii) Landowner acceptance;
(iii) Incentive and education options for improving landowner acceptance;
(iv) Existing and potential funding sources and magnitudes;
(v) Practice cost-effectiveness (e.g., cost per pound of nutrient removed);
(vi) Increase in per capita cost of a local government's stormwater management program to implement the program;
(vii) Implementation rate without the use of eminent domain; and
(viii) Need for and projected role of eminent domain;
(5) The Commission shall approve a Stage I load reduction program if it is consistent with Items (3) and (4) of this Rule. The Commission shall Approve a Stage II load reduction program if it is consistent with Items (3) and (4) of this Rule unless the Commission finds that the local governments can, through the implementation of reasonable and cost-effective measures not included in the proposed program, meet the Stage II nutrient load reductions required by this Rule by a date earlier than that proposed by the local government. If the Commission finds that there are additional or alternative reasonable and cost-effective measures, the Commission may require the local government to modify its proposed program to include such measures to achieve the required reductions by the earlier date. If the Commission requires such modifications, the local government shall submit a modified program within two months. The Division shall recommend that the Commission approve or disapprove the modified program within three months after receiving the modified program. In determining whether additional or alternative load reduction measures are reasonable and cost effective, the Commission shall consider factors identified in Sub-Item (4)(o) of this Rule. The Commission shall not require additional or alternative measures that would require a local government to:
(a) Install or require installation of a new stormwater collection system in an area of existing development unless the area is being redeveloped;
(b) Acquire developed private property; or
(c) Reduce or require the reduction of impervious surfaces within an area of existing development unless the area is being redeveloped.
(6) A municipality shall have the option of working with the county or counties in which it falls, or with another municipality or municipalities within the same subwatershed, to jointly meet the loading targets from all lands within their combined jurisdictions within a subwatershed. A local government may utilize private or third party sellers. All reductions involving trading with other parties shall meet the requirements of Rule 15A NCAC 02B .0282.
(7) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) By July 2013, the Division shall submit a Stage I model local program to the Commission for approval that embodies the criteria described in Items (3)(a) and (4) of this Rule. The Division shall work in cooperation with subject local governments and other watershed interests in developing this model program, which shall include the following:
(i) Model local ordinances as applicable;
(ii) Methods to quantify load reduction requirements and resulting load reduction assignments for individual local governments;
(iii) Methods to account for discharging sand filters, malfunctioning septic systems, and leaking collection systems; and
(iv) Methods to account for load reduction credits from various activities;
(b) Within six months after the Commission's approval of the Stage I model local program, subject local governments shall submit load reduction programs that meet or exceed the requirements of Items (3) and (4) of this Rule to the Division for review and preliminary approval and shall begin implementation and tracking of measures to reduce nutrient loads from existing developed lands within their jurisdictions;
(c) Within 20 months of the Commission's approval of the Stage I model local program, the Division shall provide recommendations to the Commission on existing development load reduction programs. The Commission shall either approve the programs or require changes based on the standards set out in Item (4) of this Rule. Should the Commission require changes, the applicable local government shall have two months to submit revisions, and the Division shall provide follow-up recommendations to the Commission within two months after receiving revisions;
(d) Within three months after the Commission's approval of a Stage I local existing development load reduction program, the local government shall complete adoption of and begin implementation of its existing development Stage I load reduction program;
(e) Upon implementation of the programs required under Item (4) of this Rule, local governments shall provide annual reports to the Division documenting their progress in implementing those requirements within three months following each anniversary of program implementation date until such time the Commission determines they are no longer needed to ensure maintenance of reductions or that standards are protected. Annual reports shall include accounting of total annual expenditures, including local government funds and any state and federal grants used toward load reductions achieved from existing developed lands. Local governments shall indefinitely maintain and ensure performance of implemented load-reducing measures;
(f) By January 15, 2021 and every five years thereafter until accounting determines that assigned load reductions have been achieved, standards are met in the lake, or the Commission takes other actions per Rule 15A NCAC 02B .0275, local governments located in the upper Falls watershed as defined in Item (3) of Rule 15A NCAC 02B .0275 shall submit and begin implementation of a Stage II load reduction program or program revision to the Division. Within nine months after submittal, the Division shall make recommendations to the Commission on approval of these programs. The Commission shall either approve the programs or require changes based on the standards set out in this Rule. If the Commission require changes, the applicable local governments shall submit revisions within two months, and the Division shall provide follow-up recommendations to the Commission within three months after receiving revisions. Upon program approval, local governments shall revise implementation as necessary based on the approved program;
(g) A local government may, at any time after commencing implementation of its load reduction program, submit program revisions to the Division for approval based on identification of more cost-effective strategies or other factors not originally recognized;
(h) Once either load reductions are achieved per annual reporting or water quality standards are met in the lake per Rule 15A NCAC 02B .0275, local governments shall submit programs to ensure no load increases and shall report annually per Sub-Item (e) on compliance with no increases and take additional actions as necessary;
(i) At least every five years after the effective date, the Division shall review the accounting methods stipulated under Sub-Item (7)(a) to determine the need for revisions to those methods and to loading reductions assigned using those methods. Its review shall include values subject to change over time independent of changes resulting from implementation of this Rule, such as untreated export rates that may change with changes in atmospheric deposition. It shall also review values subject to refinement, such as nutrient removal efficiencies.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010).
15a ncac 02b .0279 falls water supply nutrient strategy: wastewater discharge requirements
The following is the NPDES wastewater discharge management strategy for the Falls of the Neuse Reservoir watershed (the Falls watershed):
(1) PURPOSE. The purpose of this Rule is to establish minimum nutrient control requirements for point source wastewater discharges in the Falls watershed in order to restore and maintain water quality in the reservoir and protect its designated uses.
(2) APPLICABILITY. This Rule applies to all wastewater treatment facilities discharging in the Falls watershed that receive nutrient-bearing wastewater and are subject to requirements for individual NPDES permits.
(3) DEFINITIONS. For the purposes of this Rule, the definitions in 15A NCAC 02B .0276 and the following definitions apply:
(a) In regard to point source dischargers, treatment facilities, and wastewater flows and discharges,
(i) "Existing" means that which was subject to an NPDES permit as of December 31, 2006;
(ii) "Expanding" means that which has increased or will increase beyond its permitted flow as defined in this Rule; and
(iii) "New" means that which was not subject to an NPDES permit as of December 31, 2006.
(b) "Limit" or "limitation," except when specified as a concentration limit, means the mass quantity of nitrogen or phosphorus that a discharger or group of dischargers is authorized through an NPDES permit to release into surface waters of the Falls watershed.
(c) "MGD" means million gallons per day.
(d) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES permit as of December 31, 2006.
(4) INITIAL NUTRIENT ALLOCATIONS FOR EXISTING UPPER FALLS DISCHARGERS. This Item establishes initial Stage I and Stage II nutrient allocations for existing dischargers in the Upper Falls watershed:
(a) Stage I nitrogen and phosphorus allocations for dischargers with permitted flows of 0.1 MGD or greater are as follows:
| | |Mass Allocations (pounds/year) |
|Facility Name |NPDES No. |Total Nitrogen |Total Phosphorus |
|North Durham |NC0023841 |97,665 |10,631 |
|SGWASA |NC0026824 |22,420 | 2,486 |
|Hillsborough |NC0026433 |10,422 | 1,352 |
(b) Stage I allocations for dischargers with permitted flows less than 0.1 MGD are equal to the Stage II allocations specified in Sub-Items (c) and (d) of this Item.
(c) Stage II nitrogen and phosphorus allocations are as follows:
| |Mass Allocations (pounds/year) |
|Discharger Subcategories |Total Nitrogen |Total Phosphorus |
|Permitted flows ≥ 0.1 MGD |97,617 |5,438 |
|Permitted flows < 0.1 MGD | 1,052 | 175 |
(d) The Stage II allocations in Sub-Item (c) of this Item shall be divided among the existing dischargers in each subcategory in proportion to the dischargers' permitted flows as defined in this Rule, and the resulting nutrient allocations shall be assigned to each individual discharger.
(5) CHANGES IN NUTRIENT ALLOCATIONS.
(a) The aggregate and individual nutrient allocations available to point source dischargers in the Falls watershed are subject to change:
(i) Whenever the Commission, through rulemaking, revises the nutrient reduction targets in or pursuant to 15A NCAC 02B .0275 in order to ensure the protection of water quality in the reservoir and its tributaries or to conform with applicable state or federal requirements;
(ii) Whenever one or more point source dischargers acquires any portion of the nonpoint load allocations under the provisions in this Rule and 15A NCAC 02B .0282, Options for Offsetting Nutrient Loads; or
(iii) As the result of allocation transfers conducted between point sources or between point and nonpoint sources and in accordance with this Rule, provided that nutrient allocation can be transferred and applied only within the portion of the Falls watershed to which it was originally assigned (Upper or Lower).
(b) In the event that the Commission changes any nutrient reduction target specified in 15A NCAC 02B .0275 or in Item (4) of this Rule, the Commission shall also re-evaluate the apportionment among the dischargers and shall revise the individual allocations as necessary.
(6) NUTRIENT DISCHARGE LIMITATIONS FOR EXISTING UPPER FALLS DISCHARGERS.
(a) Beginning with calendar year 2016, any existing discharger with a permitted flow of 0.1 MGD or greater shall limit its total nitrogen and phosphorus discharges to its active, individual Stage I allocations as defined or modified pursuant to this Rule.
(b) Beginning with calendar year 2036, except as provided in Sub-item (d) of this Item, each existing discharger with a permitted flow greater than or equal to 0.1 MGD shall limit its total nitrogen and phosphorus discharges to its active, individual Stage II allocations as defined or modified pursuant to this Rule.
(c) Not later than March 15, 2011, the Director shall notify existing permittees of the individual Stage I and Stage II nutrient allocations initially assigned to them pursuant to this Rule.
(d) Not later than January 15, 2027, each existing discharger with a permitted flow greater than or equal to 0.1 MGD shall submit to the Division a plan for meeting its Stage II mass limitations. The plan shall describe the discharger's strategy for complying with the limitations and shall include a schedule for the design and construction of facility improvements and for the development and implementation of related programs necessary to the strategy. If a discharger determines that it cannot meet its limitations by calendar year 2036, the discharger may include its findings in the plan and request an extension of its compliance dates for the nitrogen and phosphorus limitations. This alternate plan shall document the compliance strategies considered and the reasons each was judged infeasible; identify the minimum loadings that are technically and economically feasible by 2036; and propose intermediate limits for the period beginning with 2036 and extending until the Stage II limitations can be met. Within 180 days of receipt, the Division shall approve the plan as submitted, which could include intermediate limits, or inform the discharger of any changes or additional information needed for approval. The Division shall incorporate the approved nitrogen and phosphorus mass limitations and compliance dates into the discharger's NPDES permit upon the next renewal or other major permit action following plan approval. If the Division extends the dates by which a discharger must meet Stage II limitations, the discharger shall update and submit its plan for Division approval every five years after the original submittal, and the Division shall take necessary and appropriate action as with the original plan, until the Stage II limitations are satisfied.
(e) It is the intent of this Item that all dischargers shall make continued progress toward complying with Stage II mass limitations. The Division shall not approve intermediate limitations that exceed either the applicable Stage I limitations or intermediate limitations previously approved pursuant to this Item.
(7) NUTRIENT DISCHARGE LIMITATIONS FOR EXISTING LOWER FALLS DISCHARGERS.
(a) Beginning with calendar year 2016, any existing discharger with a permitted flow of 0.1 MGD or greater shall limit its total nitrogen and phosphorus discharges as specified in this Item.
(b) CONCENTRATION LIMITS. The nitrogen and phosphorus discharge limits for existing dischargers shall be as follows:
| |Discharge Limits (milligrams/liter) |
|Limit Type |Total Nitrogen |Total Phosphorus |
|Monthly Average |8.0 |1.0 |
|Annual Average |5.5 |0.5 |
Existing facilities must meet both monthly average and annual average limits in any given calendar year.
(c) MASS LIMITS.
(i) In addition to the concentration limits specified in this Item, the collective annual mass discharge of total phosphorus shall not exceed 911 pounds in any calendar year.
(ii) Any discharger may request a mass discharge limit in lieu of the concentration limit for nitrogen or phosphorus or both, in which case the Director shall set a limit equivalent to the annual average concentration limit at the facility's permitted flow. The resulting mass limit shall become effective with the ensuing calendar year or with calendar year 2016, whichever is later.
(8) NUTRIENT CONTROL REQUIREMENTS FOR NEW DISCHARGERS.
(a) Any person proposing a new wastewater discharge in the Upper Falls watershed shall meet the following requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H .0105(c)(2);
(ii) If the results of the evaluation support a new discharge, acquire sufficient nitrogen and phosphorus allocations for the discharge. The proponent may obtain allocation for the proposed discharge from existing dischargers pursuant to the applicable requirements of Item (10) of this Rule or obtain allocation from other sources to offset the increased nutrient loads resulting from the proposed discharge. The proponent may fund offset measures by making payment to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that program or to another seller of offset credits approved by the Division or may implement other offset measures contingent upon approval by the Division, either of which shall meet the requirements of Rule 15A NCAC 02B .0282. The amount of allocation or offsets obtained shall be sufficient for the duration of the discharge or for a period of 30 years, whichever is shorter. Payment for each allocation or offset shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality impacts; and
(iv) Provide documentation with its NPDES permit application demonstrating that the requirements of Sub-Items (a)(i) through (a)(iii) of this Item have been met.
(b) The nutrient discharge limits for a new facility in the Upper Falls watershed shall not exceed the mass loads equivalent to a concentration of 3.0 milligrams per liter nitrogen or 0.1 milligrams per liter phosphorus at the permitted flow in the discharger's NPDES permit.
(c) Upon the effective date of its NPDES permit, a new discharger in the Upper Falls watershed shall be subject to nitrogen and phosphorus limits not to exceed its active individual discharge allocations in any given calendar year.
(d) The Director shall not issue an NPDES permit for any new wastewater facility that would discharge in the Lower Falls watershed and to which this Rule would apply.
(9) NUTRIENT CONTROL REQUIREMENTS FOR EXPANDING DISCHARGERS.
(a) Any person proposing to expand an existing wastewater discharge in the Upper Falls watershed beyond its permitted flow shall meet the following requirements prior to applying for an NPDES permit:
(i) Evaluate all practical alternatives to said discharge, pursuant to 15A NCAC 02H .0105(c)(2);
(ii) If the results of the evaluation support an expanded discharge, acquire sufficient nitrogen and phosphorus allocations for the discharge. The proponent may obtain allocation for the proposed discharge from existing dischargers pursuant to the applicable requirements of Item (10) of this Rule or obtain allocation from other sources to offset the increased nutrient loads resulting from the proposed discharge. The proponent may fund offset measures by making payment to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that program or to another seller of offset credits approved by the Division or may implement other offset measures contingent upon approval by the Division, either of which shall meet the requirements of Rule 15A NCAC 02B .0282. The amount of allocation or offsets obtained shall be sufficient for the duration of the discharge or for a period of 30 years, whichever is shorter. Payment for each allocation or offset shall be made prior to the ensuing permit issuance;
(iii) Determine whether the proposed discharge of nutrients will cause local water quality impact; and
(iv) Provide documentation with its NPDES permit application demonstrating that the requirements of Sub-Items (a)(i) through (a)(iii) of this Item have been met;
(b) The nutrient discharge limits for an expanding facility in the Upper Falls watershed shall not exceed the mass value equivalent to a concentration of 3.0 milligrams per liter nitrogen or 0.1 milligrams per liter phosphorus at the expanded flow limit in the discharger's NPDES permit; except that this provision shall not result in an active allocation or limit that is less than originally assigned to the discharger under this Rule.
(c) Upon expansion or upon notification by the Director that it is necessary to protect water quality, any discharger with a permitted flow of less than 0.1 MGD in the Upper Falls watershed, shall become subject to total nitrogen and total phosphorus permit limits not to exceed its active individual discharge allocations.
(d) The Director shall not issue an NPDES permit for the expansion of any wastewater discharge in the Lower Falls watershed to which this Rule applies.
(10) ADDITIONAL PROVISIONS REGARDING NUTRIENT ALLOCATIONS AND LIMITATIONS.
(a) Annual mass nutrient limits shall be established as calendar-year limits.
(b) Any discharger holding nutrient allocations pursuant to this Rule may by mutual agreement transfer all or part of its allocations to any new, existing, or expanding dischargers or to other person(s) in the Falls watershed, subject to the provisions of this Rule and the Falls nutrient strategy, except that allocation shall not be transferred between the Upper and Lower Falls watersheds.
(c) For NPDES compliance purposes, the enforceable nutrient limits for an individual facility or for a compliance association described in Item (11) of this Rule shall be the effective limits in the governing permit, regardless of the allocation held by the discharger or association.
(d) The Director may establish more stringent nitrogen or phosphorus discharge limits for any discharger upon finding that such limits are necessary to prevent the discharge from causing adverse water quality impacts on surface waters tributary to Falls Reservoir. The Director shall establish such limits through modification of the discharger's NPDES permit in accordance with applicable rules and regulations. When the Director does so, the discharger retains its nutrient allocations, and the non-active portion of the discharger's allocation becomes reserve allocation. The allocation remains in reserve until the Director determines that less stringent limits are allowable or until the allocation is applied to another discharge not subject to such water quality-based limits.
(e) In order for any transfer of allocation to become effective as a discharge limit in an individual NPDES permit, the discharger must request and obtain modification of the permit. Such request shall:
(i) Describe the purpose and nature of the modification;
(ii) Describe the nature of the transfer agreement, the amount of allocation transferred, and the dischargers or persons involved;
(iii) Provide copies of the transaction agreements with original signatures consistent with NPDES signatory requirements; and
(iv) Demonstrate to the Director's satisfaction that the increased nutrient discharge will not violate water quality standards in localized areas.
(f) Changes in a discharger's nutrient limits shall become effective upon modification of its individual permit but no sooner than January 1 of the year following modification. If the modified permit is issued after January 1, the Director may make the limit effective on that January 1 provided that the discharger made acceptable application in a timely manner.
(g) REGIONAL FACILITIES. In the event that an existing discharger or group of dischargers accepts wastewater from another NPDES-permitted treatment facility and that acceptance results in the elimination of the discharge from the other treatment facility, the eliminated facility's nutrient allocations shall be transferred and added to the accepting discharger's allocations, except that allocation shall not be transferred between the Upper and Lower Falls watersheds.
(11) GROUP COMPLIANCE OPTION.
(a) Any facilities within the Upper or the Lower Falls watersheds may form a group compliance association to meet nutrient limits collectively within their respective portion of the Falls watershed. More than one group compliance association may be established in either portion of the watershed. No facility may be a co-permittee member of more than one association for any given calendar year.
(b) Any such association must apply for and shall be subject to an NPDES permit that establishes the effective nutrient limits for the association and for its members.
(c) No later than 180 days prior to the proposed date of a new association's operation or expiration of an existing association's NPDES permit, the association and its members shall submit an application for an NPDES permit for the discharge of nutrients to surface waters of the Falls watershed. The association's NPDES permit shall be issued to the association and its members. It shall specify the nutrient limits for the association and for each of its co-permittee members. Association members shall be deemed in compliance with the permit limits for nitrogen and phosphorus contained in their individually issued NPDES permits so long as they remain members in an association.
(d) An association's nitrogen and phosphorus limits shall be the sum of its members' individual active allocations for each nutrient plus any other active allocation obtained by the association or its members.
(e) The individual limits for each member in the association permit shall initially be equivalent to the discharge limits in effect in the member's NPDES permit. Thereafter, changes in individual allocations or limits shall be incorporated into the members' individual permits before they are included in the association permit.
(f) An association and its members may reapportion the individual allocations of its members on an annual basis. Changes in individual allocations or limits must be incorporated into the members' individual permits before they are included in the association permit.
(g) Changes in an association's nutrient limits shall become effective no sooner than January 1 of the year following permit modification. If the modified permit is issued after January 1, the Director may make the limit effective on that January 1 provided that the association made acceptable application in a timely manner.
(h) Beginning with the first full calendar year that the nitrogen or phosphorus limits are effective, an association that does not meet its permit limit for nitrogen or phosphorus for a calendar year shall, no later than May 1 of the year following the exceedance, make an offset payment to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that program or by implementing other load offsetting measures contingent upon approval by the Division, either of which shall meet the requirements of Rule 15A NCAC 02B .0282.
(i) Association members shall be deemed in compliance with their individual limits in the association NPDES permit for any calendar year in which the association is in compliance with its group limit for that nutrient. If the association fails to meet its limit, the association and the members that have failed to meet their individual nutrient limits in the association NPDES permit shall be deemed out of compliance with the association NPDES permit.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215; 143-215.1; 143-215.3(a)(1); 143-215B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010).
15a ncac 02b .0280 Falls Reservoir water supply nutrient strategy: agriculture
This Rule sets forth a staged process, as prefaced in 15A NCAC 02B .0275, by which agricultural operations in the Falls watershed will collectively limit their nitrogen and phosphorus loading to the Falls Reservoir. This process is as follows:
(1) PURPOSE. The purposes of this Rule are to achieve and maintain the percentage reduction objectives defined in 15A NCAC 02B .0275 for the collective agricultural loading of nitrogen and phosphorus from their respective 2006 baseline levels, to the extent that best available accounting practices will allow, in two stages. Stage I shall be 10 years and Stage II shall be 15 years, as set out in Item (5) of this Rule. Additionally this Rule will protect the water supply uses of the Falls Reservoir.
(2) PROCESS. This Rule requires accounting for agricultural land management practices at the county level in the Falls watershed, and implementation of practices by farmers to collectively achieve the nutrient reduction objectives on a watershed basis. Producers may be eligible to obtain cost share and technical assistance from the NC Agriculture Cost Share Program and similar federal programs to contribute to their counties' nutrient reductions. A Watershed Oversight Committee and Local Advisory Committees will develop strategies, coordinate activities, and account for progress.
(3) LIMITATION. This Rule does not fully address significant agricultural nutrient sources in that it does not directly address atmospheric sources of nitrogen to the Falls watershed from agricultural operations located both within and outside of the Falls watershed. As better information becomes available from ongoing research on atmospheric nitrogen loading to the Falls watershed from these sources, and on measures to control this loading, the Commission may undertake separate rule-making to require such measures it deems necessary from these sources to support the objectives of the Falls Nutrient Strategy.
(4) APPLICABILITY. This Rule shall apply to all persons engaging in agricultural operations in the Falls watershed, including those related to crops, horticulture, livestock, and poultry. This Rule applies to livestock and poultry operations above the size thresholds in this Item in addition to requirements for animal operations set forth in general permits issued pursuant to G.S. 143-215.10C. Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air quality standard by any agricultural operation, including any livestock or poultry operation below the size thresholds in this Item. This Rule shall not apply to dedicated land application sites permitted under 15A NCAC 02T .1100. This Rule does not require specific actions by any individual person or operation if agriculture in the Falls watershed can collectively achieve its Stage I nutrient reduction objectives, in the manner described in Item (5) of this Rule, by calendar year 2020. If the Stage I nutrient reduction objectives are not met by calendar year 2020, Stage II of implementation shall require specific actions by individuals and operations. For the purposes of this Rule, agricultural operations are activities that relate to any of the following pursuits:
(a) The commercial production of crops or horticultural products other than trees. As used in this Rule, commercial shall mean activities conducted primarily for financial profit.
(b) Research activities in support of such commercial production.
(c) The production or management of any of the following number of livestock or poultry at any time, excluding nursing young:
(i) Five or more horses;
(ii) 20 or more cattle;
(iii) 20 or more swine not kept in a feedlot, or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other livestock or poultry, or any combination of species of livestock or poultry that exceeds 20,000 pounds of live weight at any time.
(5) METHOD FOR RULE IMPLEMENTATION. This Rule shall be implemented in two stages and through a cooperative effort between the Watershed Oversight Committee and Local Advisory Committees in each county. The membership, roles and responsibilities of these committees are set forth in Items (7) and (8) of this Rule. Committee's activities shall be guided by the following:
(a) In Stage I, agriculture shall achieve a collective 20 percent reduction in nitrogen loading and a 40 percent reduction in phosphorus loading relative to the 2006 baseline by calendar year 2020.
(b) In Stage II, beginning in calendar year 2021 agriculture shall achieve a collective 40 percent reduction in nitrogen loading and a 77 percent reduction in phosphorus loading relative to the 2006 baseline by calendar year 2035.
(c) By January 15, 2013, the Watershed Oversight Committee shall provide the Commission with an initial assessment of the extent to which agricultural operations in the Falls watershed have achieved the Stage I nitrogen and phosphorus reduction objectives identified in Item (1) of this rule through activities conducted since the baseline period. The Watershed Oversight Committee shall use the accounting process described in Items (7) and (8) of this rule to make its assessment.
(d) If annual reporting following the 10th year of implementation indicates that agriculture has not collectively achieved its Stage I nitrogen and phosphorus reduction objectives identified in this Item, Stage II shall include specific implementation requirements for individual operators. Specifically, within five years of the start of Stage II, cropland operators shall establish vegetated riparian buffers adjacent to streams on all cropland where such buffers do not already exist. Additionally, pastured livestock operators shall establish excluded vegetated riparian buffers adjacent to streams where such excluded buffers do not already exist. Streams to which these requirements apply shall be those that meet the classification of intermittent or perennial streams using the September 2010 version of the Identification Methods for the Origins of Intermittent and Perennial Streams Manual published by the Division. Existing and newly established riparian buffers shall be a minimum of 20 feet in width with criteria further defined by the Watershed Oversight Committee.
The Commission may also consider alternative recommendations from the Watershed Oversight Committee based on the Committee's assessment of the practicability of agricultural operations meeting the Stage I objectives. Should the Commission accept some alternative form of individual compliance, then it shall also subsequently approve a framework proposed by the Watershed Oversight Committee for allowing producers to obtain credit through offsite measures. Such offsite measures shall meet the requirements of 15A NCAC 02B .0282.
(e) Should a committee called for under Item (5) of this Rule not form nor follow through on its responsibilities such that a local strategy is not implemented in keeping with Item (8) of this Rule, the Commission shall require all persons subject to this Rule in the affected area to implement BMPs as needed to meet the objectives of this Rule.
(6) RULE REQUIREMENTS FOR INDIVIDUAL OPERATIONS. Persons subject to this Rule shall adhere to the following requirements:
(a) Persons subject to this Rule shall register their operations with their Local Advisory Committee according to the requirements of Item (8) of this Rule;
(b) Persons are not required to implement any specific BMPs in Stage I, with the exception of Sub-Item (d) of this Item, but may elect to contribute to the collective local nutrient strategy by implementing any BMPs they choose that are recognized by the Watershed Oversight Committee as nitrogen-reducing or phosphorus-reducing BMPs;
(c) The Division shall require that residuals application, animal waste application, and surface irrigation pursuant to permits issued under 15A NCAC 02T .1100, 15A NCAC 02T .1300, and 15A NCAC 02T .0500 respectively, to lands within the Falls watershed be done in a manner that minimizes the potential for nitrogen and phosphorus loading to surface waters by implementing the following measures:
(i) Animal waste application operators subject to t the permitting requirements in this Sub-item shall meet Realistic Yield Expectation based nitrogen application rates and shall apply phosphorus in compliance with guidance established in the most recent version of North Carolina Agricultural Research Service's Technical Bulletin 323, "North Carolina Phosphorus Loss Assessment: I Model Description and II. Scientific Basis and Supporting Literature" developed by the Department of Soil Science and Biological and Agricultural Engineering at North Carolina State University. The Division shall modify all existing permits for affected lands to include these requirements upon their next renewal after effective date, and shall include these requirements in all new permits issued after effective date. Permittees shall be required to comply with this condition upon permit issuance or renewal as applicable; and
(ii) Residual application and surface irrigation operators subject to the permitting requirements in this Sub-item shall meet Realistic Yield Expectation based nitrogen application rates and shall conduct and provide to the Division annual assessments of their soil test phosphorus index results and phosphorus loading rates. At such time as data quantifying the fate and transport of chemically bound phosphorus are made available, the Division may make recommendations to the Commission to consider whether revisions to the requirements of this Rule are needed and may initiate rulemaking or any other action allowed by law.
(d) Should a local strategy not achieve its Stage I objectives by calendar year 2020; operations within that local area shall face specific implementation requirements, as described under Sub-Item (5)(d) of this Rule.
(7) WATERSHED OVERSIGHT COMMITTEE. The Watershed Oversight Committee shall have the following membership, role and responsibilities:
(a) MEMBERSHIP. The Director shall be responsible for forming a Watershed Oversight Committee by March 15, 2011. Until such time as the Commission determines that long-term maintenance of the nutrient loads is assured, the Director shall either reappoint members or replace members at least every six years. The Director shall solicit nominations for membership on this Committee to represent each of the following interests, and shall appoint one nominee to represent each interest except where a greater number is noted. The Director of the Division of Water Quality may appoint a replacement at any time for an interest in Sub-Items (7)(a)(vi) through (7)(a)(x) of this Rule upon request of representatives of that interest or by the request of the Commissioner of Agriculture:
(i) Division of Soil and Water Conservation;
(ii) United States Department of Agriculture-Natural Resources Conservation Service (shall serve in an "ex-officio" non-voting capacity and shall function as a technical program advisor to the Committee);
(iii) North Carolina Department of Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension Service;
(v) Division of Water Quality;
(vi) Three environmental interests, at least two of which are residents of the Falls watershed;
(vii) General farming interests;
(viii) Pasture-based livestock interests;
(ix) Equine livestock interests;
(x) Cropland farming interests; and
(xi) The scientific community with experience related to water quality problems in the Falls watershed.
(b) ROLE. The Watershed Oversight Committee shall:
(i) Develop tracking and accounting methods for nitrogen and phosphorus loading and submit methods to the Water Quality Committee of the Commission for approval based on the standards set out in Sub-Item (7)(c) of this Rule by March 15, 2012;
(ii) Identify and implement future refinements to the accounting methods as needed to reflect advances in scientific understanding, including establishment or refinement of nutrient reduction efficiencies for BMPs;
(iii) By January 15, 2013, collect data needed to conduct initial nutrient loading accounting for the baseline period and the most current year feasible, perform this accounting, and determine the extent to which agricultural operations have achieved the Stage I nitrogen loading objective and phosphorus loading trend indicators for the watershed and present findings to the Water Quality Committee of the Commission;
(iv) Review, approve, and summarize local nutrient strategies if required pursuant to Sub-Item (5)(d) of this Rule and according to the timeframe identified in Sub-Item (8)(c)(ii) of this Rule. Provide these strategies to the Division;
(v) Establish requirements for, review, approve and summarize local nitrogen and phosphorus loading annual reports as described under Sub-Item (8)(e) of this Rule, and present the report to the Division annually, until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of Rule. Present a report in January 2014 to the Commission. Should that report find that agriculture in the watershed has not met its collective nitrogen or phosphorus objective, include an assessment in that report of the practicability of producers achieving the Stage I objective by calendar year 2020, and recommendations to the Commission as deemed appropriate;
(vi) Obtain nutrient reduction efficiencies for BMPs from the scientific community associated with design criteria identified in rules adopted by the Soil and Water Conservation Commission, including 15A NCAC 06E .0104 and 15A NCAC 06F .0104; and
(vii) Investigate and, if feasible, develop an accounting method to equate implementation of specific nutrient-reducing practices on cropland or pastureland to reductions in nutrient loading delivered to streams;
(viii) Quantify the nitrogen and phosphorus credits generated by such practices for the purpose of selling or buying credits; establish criteria and a process as needed for the exchange of nutrient credits between parties subject to this rule with each other or with parties subject to other nutrient strategy rules in the Falls lake watershed pursuant to the requirements of 15A NCAC 02B .0282; obtain approval from the Division for this trading program pursuant to the requirements of Rule .0282; approve eligible trades; and ensure that such credits traded for purposes of meeting this Rule are accounted for and tracked separately from those contributing to the objectives of other rules of the Falls nutrient strategy.
(c) ACCOUNTING METHODS. Success in meeting this Rule's purpose will be gauged by estimating percentage changes in nitrogen loading from agricultural lands in the Falls watershed and by evaluating broader trends in indicators of phosphorus loading from agricultural lands in the Falls watershed. The Watershed Oversight Committee shall develop accounting methods that meet the following requirements:
(i) The nitrogen method shall estimate baseline and annual total nitrogen loading from agricultural operations in each county and for the entire Falls watershed;
(ii) The nitrogen and phosphorus methods shall include a means of tracking implementation of BMPs, including number, type, and area affected;
(iii) The nitrogen method shall include a means of estimating incremental nitrogen loading reductions from actual BMP implementation and of evaluating progress toward and maintenance of the nutrient objectives from changes in BMP implementation, fertilization, individual crop acres, and agricultural land use acres;
(iv) The nitrogen and phosphorus methods shall be refined as research and technical advances allow;
(v) The phosphorus method shall quantify baseline values for and annual changes in factors affecting agricultural phosphorus loading as identified by the phosphorus technical advisory committee established under 15A NCAC 02B .0256(f)(2)(C). The method shall provide for periodic qualitative assessment of likely trends in agricultural phosphorus loading from the Falls watershed relative to baseline conditions;
(vi) Phosphorus accounting may also include a scientifically valid, survey-based sampling of farms in the Falls watershed for the purpose of conducting field-scale phosphorus loading assessments and extrapolating phosphorus loading for the Falls watershed for the baseline period and at periodic intervals; and
(vii) Aspects of pasture-based livestock operations that potentially affect nutrient loading and are not captured by the accounting methods described above shall be accounted for in annual reporting to the extent that advances in scientific understanding reasonably allow. Such accounting shall, at a minimum, quantify changes in the extent of livestock-related nutrient controlling BMPs. Progress may be judged based on percent change in the extent of implementation relative to percentage objectives identified in Item (5) of this Rule.
(8) LOCAL ADVISORY COMMITTEES. Local Advisory Committees shall be formed for each county within the watershed by January 15, 2012, and shall have the following membership, roles, and responsibilities:
(a) MEMBERSHIP. A Local Advisory Committee shall be appointed as provided for in this Item. It shall terminate upon a finding by the Commission that it is no longer needed to fulfill the purposes of this Rule. Each Local Advisory Committee shall consist of:
(i) One representative of the county Soil and Water Conservation District;
(ii) One representative of the county office of the United States Department of Agriculture Natural Resources Conservation Service;
(iii) One representative of the North Carolina Department of Agriculture and Consumer Services;
(iv) One representative of the county office of the North Carolina Cooperative Extension Service;
(v) One representative of the North Carolina Division of Soil and Water Conservation whose regional assignment includes the county;
(vi) At least two farmers who reside in the county; and
(vii) One representative of equine livestock interests.
(b) APPOINTMENT OF MEMBERS. The Director of the Division of Water Quality and the Director of the Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall appoint members described in Sub-Items (8)(a)(i), (8)(a)(ii), (8)(a)(iv), and (8)(a)(v) of this Rule. The Director of the Division of Water Quality, with recommendations from the Director of the Division of Soil and Water Conservation and the Commissioner of Agriculture, shall appoint the members described in Sub-Items (8)(a)(iii) and (8)(a)(vi) of this Rule from persons nominated by nongovernmental organizations whose members produce or manage agricultural commodities in each county. Members of the Local Advisory Committees shall serve at the pleasure of their appointing authorities.
(c) ROLE. The Local Advisory Committees shall:
(i) Conduct a registration process for persons subject to this Rule. This registration process shall be completed by January 15, 2012. The registration process shall request at a minimum the type and acreage of agricultural operations. It shall provide persons with information on requirements and options under this Rule, and on available technical assistance and cost share options;
(ii) Develop local nutrient control strategies for agricultural operations, pursuant to Sub-Item (8)(d) of this Rule, to meet the nitrogen and phosphorus objectives of this Rule. Strategies shall be submitted to the Watershed Oversight Committee by July 2012;
(iii) Ensure that any changes to the design of the local strategy will continue to meet the nutrient objectives of this Rule; and
(iv) Submit reports to the Watershed Oversight Committee, pursuant to Sub-Item (8)(e) of this Rule, annually beginning in calendar year 2012 until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of this Rule.
(d) LOCAL NUTRIENT CONTROL STRATEGIES. Local Advisory Committees shall develop nutrient control strategies. If a Local Advisory Committee fails to submit a nutrient control strategy required in Sub-Item (8)(c)(ii) of this Rule, the Commission may develop one based on the accounting methods that it approves pursuant to Sub-Item (7)(b)(i) of this Rule. Local strategies shall meet the following requirements:
(i) Local nutrient control strategies shall be designed to achieve the required nitrogen loading reduction objectives and qualitative trends in indicators of agricultural phosphorus loading by calendar year 2020, and to maintain those reductions in perpetuity or until such time as this rule is revised to modify this requirement; and
(ii) Local nutrient control strategies shall specify the numbers, acres, and types of all agricultural operations within their areas, numbers of BMPs that will be implemented by enrolled operations and acres to be affected by those BMPs, estimated nitrogen and phosphorus loading reductions, schedule for BMP implementation, and operation and maintenance requirements.
(e) ANNUAL REPORTS. The Local Advisory Committees shall be responsible for submitting annual reports for their counties to the Watershed Oversight Committee until such time as the Commission determines that annual reports are no longer needed to fulfill the purposes of this Rule. The Watershed Oversight Committee shall determine reporting requirements to meet these objectives. Those requirements may include information on BMPs implemented by individual farms, proper BMP operation and maintenance, BMPs discontinued, changes in agricultural land use or activity, and resultant net nitrogen loading and phosphorus trend indicator changes. The annual reports in 2016 and 2026 shall address agriculture's success in complying with the load reduction requirements described in Items (5)(a) and (5)(b) of this Rule and shall include adjustments to address deficiencies to achieve compliance.
(f) PROGRESS. In 2016 the Division of Water Quality, in consultation with the Watershed Oversight Committee, shall submit a report to the Commission gauging the extent to which reasonable progress has been achieved towards the Stage I objectives described in this Rule.
History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010).
15a NCAC 02b .0281 Falls water supply nutrient strategy: stormwater requirements for state and federal entities
The following is the stormwater strategy, as prefaced in Rule 02B .0275, for the activities of state and federal entities within the Falls watershed.
(1) PURPOSE. The purposes of this Rule are as follows.
(a) To achieve and maintain, on new non-road development lands, the nonpoint source nitrogen and phosphorus percentage reduction objectives established for Falls Reservoir in 15A NCAC 02B .0275 relative to the baseline period defined in Rule, to provide the highest practicable level of treatment on new road development, and to achieve and maintain the percentage objectives on existing developed lands by reducing loading from state-maintained roadways and facilities, and from lands controlled by other state and federal entities in the Falls watershed;
(b) To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows from state-maintained roadways and facilities and from lands controlled by other state and federal entities in the Falls watershed; and
(c) To protect the water supply, aquatic life, and recreational uses of Falls Reservoir.
(2) APPLICABILITY. This Rule shall apply to all existing and new development, both as defined in 15A NCAC 02B .0276, that lies within or partially within the Falls watershed under the control of the NC Department of Transportation (NCDOT), including roadways and facilities, and to all lands controlled by other state and federal entities in the Falls watershed.
(3) NON-NCDOT REQUIREMENTS. With the exception of the NCDOT, all state and federal entities that control lands within the Falls watershed shall meet the following requirements:
(a) For any new development proposed within their jurisdictions that would disturb one quarter acre or more, non-NCDOT state and federal entities shall develop stormwater management plans for submission to and approval by the Division;
(b) The non-NCDOT state or federal entity shall include measures to ensure maintenance of best management practices (BMPs) implemented as a result of the provisions in Sub-Item (a) of this Item for the life of the development; and
(c) A plan to ensure enforcement and compliance with the provisions in Sub-Item (4) of this Rule for the life of the new development.
(4) PLAN APPROVAL REQUIREMENTS. A developer's stormwater plan shall not be approved unless the following criteria are met:
(a) Nitrogen and phosphorus loads contributed by the proposed new development activity shall not exceed the following unit-area mass loading rates for nitrogen and phosphorus, respectively, expressed in units of pounds/acre/year: 2.2 and 0.33. Proposed development that would replace or expand structures or improvements that existed as of December 2006, the end of the baseline period, and that would not result in a net increase in built-upon area shall not be required to meet the nutrient loading targets or high-density requirements except to the extent that the developer shall provide stormwater control at least equal to the previous development. Proposed development that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option either to achieve at least the percentage loading reduction objectives stated in 15A NCAC 02B .0275 as applied to nitrogen and phosphorus loading from the previous development for the entire project site, or to meet the loading rate targets described in this item. These requirements shall supersede those identified in 15A NCAC 02B .0104(q). The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using the loading calculation method called for in Sub-Item (4)(a) of 15A NCAC 02B .0277 or other equivalent method acceptable to the Division;
(b) The developer shall have the option of offsetting part of their nitrogen and phosphorus loads by implementing or funding offsite offset measures. Before using an offsite offset option, a development shall implement onsite structural stormwater controls that achieve one of the following levels of reductions:
(i) Proposed new development activity disturbing at least one quarter acre but less than one acre of land, except as stated in this Item, shall achieve 30 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in this item;
(ii) Except as stated in this Item, proposed new development activity that disturbs one acre of land or more shall achieve 50 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in this Item; or
(iii) Proposed development that would replace or expand structures or improvements that existed as of December 2006, the end of the baseline period, and that increases impervious surface within a designated downtown area, regardless of area disturbed, shall achieve 30 percent of the needed load reduction in both nitrogen and phosphorus onsite, and shall meet any requirements for engineered stormwater controls described in this Item;
(c) Offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus loading to the remaining reduction needed onsite to comply with the loading rate targets set out in this Item. A developer may use any measure that complies with the requirements of Rules .0703 and .0282 of this Subchapter;
(d) Proposed new development subject to NPDES, water supply, and other state-mandated stormwater regulations shall comply with those regulations and with applicable permit limits in addition to the other requirements of this sub-item. Proposed new development in any water supply watershed in the Falls watershed designated WS-II, WS-III, or WS-IV shall comply with the density-based restrictions, obligations, and requirements for engineered stormwater controls, clustering options, operation and maintenance responsibilities, vegetated setbacks, land application, and landfill provisions described in Sub-Items (3)(b)(i) and (3)(b)(ii) of the applicable rule among 15A NCAC 02B .0214 through .0216. Provided, the allowance in water supply watershed rules for 10 percent of a jurisdiction to be developed at up to 70 percent built-upon area without stormwater treatment shall not be available in the Falls watershed;
(e) Stormwater systems shall be designed to control and treat at a minimum the runoff generated from all surfaces in the project area by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards specific to each practice as provided in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division, or other at least technically equivalent standards acceptable to the Division;
(f) To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, at a minimum, the new development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event;
(g) New development may satisfy the requirements of this Rule by meeting the post-development hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact Development Guidebook dated June 2009, or the hydrologic criteria in the most recent version of that guidebook; and
(h) Proposed new development shall demonstrate compliance with the riparian buffer protection requirements of 15A NCAC 02B .0233 and .0242.
(5) NON-NCDOT STAGED AND ADAPTIVE IMPLEMENTATION REQUIREMENTS. For existing development, non-NCDOT state and federal entities shall develop and implement staged load reduction programs for achieving and maintaining nutrient load reductions from existing development based on the standards set out in this Item. Such entities shall submit these load-reducing programs for approval by the Commission that include the following staged elements and meet the minimum standards for each stage of implementation:
(a) In Stage I, entities subject to this rule shall implement a load reduction program that provides estimates of, and plans for offsetting by calendar year 2020, nutrient loading increases from lands developed subsequent to the baseline (2006) and not subject to the requirements of the Falls Lake new development stormwater program. For these existing developed lands, the current loading rate shall be compared to the loading rate for these lands prior to development for the acres involved, and the difference shall constitute the load reduction need in annual mass load, in pounds per year. Alternatively, a state or federal entity may assume uniform pre-development loading rates of 2.89 pounds per acre per year N and 0.63 pounds per acre per year P for these lands. The entity shall achieve this stage one load reduction by calendar year 2020. This Stage I program shall meet the criteria defined in Item (4) of 15A NCAC 02B.0278; and
(b) By January 15, 2021, and every five years thereafter, a state or federal entity located in the Upper Falls Watershed as defined in Item (11) of 15A NCAC 02B .0276 shall submit and begin implementing a Stage II load reduction program or revision designed to achieve the percent load reduction objectives from existing developed lands under its control, that includes timeframes for achieving these objectives and that meets the criteria defined in Items (5) and (6) of this Rule.
(6) ELEMENTS OF NON-NCDOT LOAD REDUCTION PROGRAMS. A non-NCDOT state or federal entity load reduction program shall address the following elements:
(a) State and federal entities in the Eno River and Little River subwatersheds shall, as part of their Stage I load reduction programs, begin and continuously implement a program to reduce loading from discharging sand filters and malfunctioning septic systems owned or used by state or federal agencies discharging into waters of the State within those subwatersheds;
(b) State and federal entities in any Falls subwatershed in which chlorophyll a levels have exceeded 40 ug/L in more than seventy-five percent of the monitoring events in any calendar year shall, as part of their Stage I load reduction programs, begin and continuously implement a program to reduce nutrient loading into the waters of the State within that subwatersheds;
(c) The total amount of nutrient loading reductions in Stage I is not increased for state and federal entities by the requirements to add specific program components to address loading from malfunctioning septic systems and discharging sand filters or high nutrient loading levels pursuant to Sub-Items (a) and (b) of this Item;
(d) In preparation for implementation of their Stage I and Stage II load reduction programs, state and federal entities shall develop inventories and characterize load reduction potential to the extent that accounting methods allow for the following:
(i) Wastewater collection systems;
(ii) Discharging sand filter systems, including availability of or potential for central sewer connection;
(iii) Properly functioning and malfunctioning septic systems;
(iv) Restoration opportunities in utility corridors;
(v) Fertilizer management plans for state and federally owned lands;
(vi) Structural stormwater practices, including intended purpose, condition, potential for greater nutrient control; and
(vii) Wetlands and riparian buffers including potential for restoration opportunities.
(e) A state or federal entities load reduction need shall be based on the developed lands owned or used by the state or federal entity within the Falls watershed;
(f) Nitrogen and phosphorous loading from existing developed lands, including loading from onsite wastewater treatment systems to the extent accounting methods allow, shall be calculated by applying the accounting tool described in Item (13) and shall quantify baseline loads of nitrogen and phosphorus to surface waters from the lands under the entity's control as well as loading changes post-baseline. It shall also calculate target nitrogen and phosphorus loads and corresponding reduction needs;
(g) Nitrogen and phosphorus loading from existing developed lands, including loading from onsite wastewater treatment systems to the extent accounting methods allow, shall be calculated by applying the accounting too described in Item (13) of this Rule and shall quantify baseline loads of nitrogen and phosphorus to surface waters from state and federal entities as well as loading changes post-baseline. It shall calculate target nitrogen and phosphorus loads and corresponding load reduction needs;
(h) The Commission shall recognize reduction credit for implementation of policies and practices implemented after January 1, 2007 and before January 15, 2011, to reduce runoff and discharge of nitrogen and phosphorus per Session Law 2009-486. The load reduction program shall identify specific load-reducing practices implemented subsequent to the baseline period and for which the entity is seeking credit. It shall estimate load reductions for these practices and their anticipated duration using methods provided for in Item (13);
(i) The program shall include a proposed implementation schedule that includes annual implementation expectations. The load reduction program shall identify the types of activities the state or federal entity intends to implement and types of existing development affected, relative proportions or prioritization of practices, relative magnitude of reductions it expects to achieve from each, and the relative costs and efficiencies of each activity to the extent information is available. The program shall identify the duration of anticipated loading reductions, and may seek activities that provide long-term reductions;
(j) The load reduction program shall identify anticipated funding mechanisms or sources and discuss steps taken or planned to secure such funding;
(k) The program shall address the extent of load reduction opportunities intended from the following types of lands:
(i) Lands owned or otherwise controlled by the state or federal entity; and
(ii) Lands other than those on which the entity's load reduction need is based as described in this Item, including lands both within and outside its jurisdiction and third party sellers.
(l) The program shall address the extent of load reduction proposed from, at a minimum, the following stormwater and ecosystem restoration activities:
(i) Bioretention;
(ii) Constructed wetland;
(iii) Sand filter;
(iv) Filter Strip;
(v) Grassed swale;
(vi) Infiltration device;
(vii) Extended dry detention;
(viii) Rainwater harvesting system;
(ix) Treatment of Redevelopment;
(x) Overtreatment of new development;
(xi) Removal of impervious surface;
(xii) Retrofitting treatment into existing stormwater ponds;
(xiii) Off-line regional treatment systems;
(xiv) Wetland or riparian buffer restoration; and
(xv) Reforestation with conservation easement or other protective covenant.
(m) The program shall evaluate the load reduction potential from the following wastewater activities:
(i) Creation of surplus relative to an allocation established in 15A NCAC 02B .0279;
(ii) Expansion of surplus allocation through regionalization;
(iii) Connection of discharging sand filters and malfunctioning septic systems to central sewer or replacement with permitted non-discharge alternatives;
(iv) Removal of illegal discharges; and
(v) Improvement of wastewater collection systems.
(n) A state or federal entity may propose in its load reduction program the use of the following measures in addition to items listed in (l) and (m), or may propose other measures for which it can provide equivalent accounting methods acceptable to the Division:
(i) Redirecting runoff away from impervious surfaces;
(ii) Soil amendments;
(iii) Stream restoration;
(iv) Improved street sweeping; and
(v) Source control, such as waste and fertilizer controls.
(o) The program shall include evaluation of load reduction potential relative to the following factors:
(i) Extent of physical opportunities for installation;
(ii) Landowner acceptance;
(iii) Incentive and education options for improving landowner acceptance;
(iv) Existing and potential funding sources and magnitudes;
(v) Practice cost-effectiveness (e.g., cost per pound of nutrient removed);
(vi) Increase in per capita cost of a non-NCDOT state or federal entity's stormwater management program to implement the program;
(vii) Implementation rate without the use of eminent domain; and
(viii) Need for and projected role of eminent domain.
(7) The Commission shall approve a non-NCDOT Stage I load reduction program if it meets the requirements of Items (5) and (6) of this Rule. The Commission shall approve a Stage II load reduction program if it meets the requirements of Items (5) and (6) of this Rule unless the Commission finds that the local non-NCDOT state or federal entity can, through the implementation of reasonable and cost-effective measures not included in the proposed program, meet the Stage II nutrient load reductions required by this Rule by a date earlier than that proposed by the non-NCDOT state or federal entity. If the Commission finds that there are additional or alternative reasonable and cost-effective measures, the Commission may require the non-NCDOT state or federal entity to modify its proposed program to include such measures to achieve the required reductions by the earlier date. If the Commission requires such modifications, the non-NCDOT state or federal entity shall submit a modified program within two months. The Division shall recommend that the Commission approve or disapprove the modified program within three months after receiving the modified program. In determining whether additional or alternative load reduction measures are reasonable and cost effective, the Commission shall consider factors including, but not limited to those identified in Sub-Item (6)(o) of this Rule. The Commission shall not require additional or alternative measures that would require a non-NCDOT state or federal entity to:
(a) Install a new stormwater collection system in an area of existing development unless the area is being redeveloped; or
(b) Reduce impervious surfaces within an area of existing development unless the area is being redeveloped.
(8) A non-NCDOT state or federal entity shall have the option of working with the county or counties in which it falls, or with a municipality or municipalities within the same subwatershed, to jointly meet the loading targets from all lands within their combined jurisdictions within a subwatershed. The entity may utilize private or third party sellers. All reductions involving trading with other parties shall meet the requirements of 15A NCAC 02B .0282.
(9) NCDOT REQUIREMENTS. The NCDOT shall develop a single Stormwater Management Program that will be applicable to the entire Falls watershed and submit this program for approval by the Division according to the standards set forth below. In addition, the program shall, at a minimum, comply with NCDOT's then-current stormwater permit. This program shall:
(a) Identify NCDOT stormwater outfalls from Interstate, US, and NC primary routes;
(b) Identify and eliminate illegal discharges into the NCDOT's stormwater conveyance system;
(c) Establish a program for post-construction stormwater runoff control for new development, including new and widening NCDOT roads and facilities. The program shall establish a process by which the Division shall review and approve stormwater designs for new NCDOT development projects. The program shall delineate the scope of vested projects that would be considered as existing development, and shall define lower thresholds of significance for activities considered new development. In addition, the following criteria shall apply:
(i) For new and widening roads, weigh stations, and replacement of existing bridges, compliance with the riparian buffer protection requirements of Rules 15A NCAC 02B .0233 and .0242 shall be deemed as compliance with the purposes of this Rule;
(ii) New non-road development shall achieve and maintain the nitrogen and phosphorus percentage load reduction objectives established in 15A NCAC 02B .0275 relative to either area-weighted average loading rates of all developable lands as of the baseline period defined in 15A NCAC 02B .0275, or to project-specific pre-development loading rates. Values for area-weighted average loading rate targets for nitrogen and phosphorus, respectively, are expressed in units of pounds per acre per year: 2.2 and 0.33. The NCDOT shall determine the need for engineered stormwater controls to meet these loading rate targets by using the loading calculation method called for in Item (13) of this Rule or other equivalent method acceptable to the Division. Where stormwater treatment systems are needed to meet these targets, they shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. Such systems shall be assumed to achieve the nutrient removal efficiencies identified in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division provided that they meet associated drawdown and other design specifications included in the same document. The NCDOT may propose to the Division nutrient removal rates for practices currently included in the BMP Toolbox required under its NPDES stormwater permit, or may propose revisions to those practices or additional practices with associated nutrient removal rates. The NCDOT may use any such practices approved by the Division to meet loading rate targets identified in this Sub-item. New non-road development shall also control runoff flows to meet the purpose of this Rule regarding protection of the nutrient functions and integrity of receiving waters; and
(iii) For new non-road development, the NCDOT shall have the option of offsetting part of their nitrogen and phosphorus loads by implementing or funding offsite management measures. Before using an offsite offset option, a development shall implement structural stormwater controls that achieve 50 percent or more of the needed load reduction in both nitrogen and phosphorus loading onsite and shall meet any requirements for engineered stormwater controls described in this Item. Offsite offsetting measures shall achieve at least equivalent reductions in nitrogen and phosphorus loading to the remaining reduction needed onsite to comply with the loading rate targets set out in this Item. The NCDOT may use any measure that complies with the requirements of Rules .0703 and .0282 of this Subchapter.
(d) Establish a program to identify and implement load-reducing opportunities on existing development within the watershed. The long-term objective of this effort shall be for the NCDOT to achieve the nutrient load objectives in 15A NCAC 02B .0275 as applied to existing development under its control, including roads and facilities:
(i) The NCDOT may achieve the nutrient load reduction objective in 15A NCAC 02B .0275 for existing roadway and non-roadway development under its control by the development of a load reduction program that addresses both roadway and non-roadway development in the Falls watershed. As part of the accounting process described in Item (13) of this Rule, baseline nutrient loads shall be established for roadways and industrial facilities using stormwater runoff nutrient load characterization data collected through the National Pollutant Discharge Elimination System (NPDES) Research Program under NCS0000250 Permit Part II Section G;
(ii) The program shall include estimates of, and plans for offsetting, nutrient load increases from lands developed subsequent to the baseline period but prior to implementation of its new development program. It shall include a technical analysis that includes a proposed implementation rate and schedule. This schedule shall provide for proportionate annual progress toward reduction objectives as practicable throughout the proposed compliance period. The program shall identify the types of activities NCDOT intends to implement and types of existing roadway and non-roadway development affected, relative proportions or a prioritization of practices, and the relative magnitude of reductions it expects to achieve from each;
(iii) The program to address roadway and non-roadway development may include stormwater retrofits and other load reducing activities in the watershed including: illicit discharge removal; street sweeping; source control activities such as fertilizer management at NCDOT facilities; improvement of existing stormwater structures; use of rain barrels and cisterns; stormwater capture and reuse; and purchase of nutrient reduction credits;
(iv) NCDOT may meet minimum implementation rate and schedule requirements by implementing a combination of at least six stormwater retrofits per year for existing development in the Falls watershed or some other minimum amount based on more accurate reduction estimates developed during the accounting tool development process;
(v) To the maximum extent practicable, retrofits shall be designed to treat the runoff generated from all surfaces by one inch of rainfall, and shall conform to the standards and criteria established in the most recent version of the Division-approved NCDOT BMP Toolbox required under NCDOT's NPDES stormwater permit. To establish removal rates for nutrients for individual practices described in the Toolbox, NCDOT shall submit technical documentation on the nutrient removal performance of BMPs in the Toolbox for Division approval. Upon approval, NCDOT shall incorporate nutrient removal performance data into the BMP Toolbox. If a retrofit is proposed that is not described in the NCDOT BMP Toolbox, then to the maximum extent practicable, such retrofit shall conform to the standards and criteria set forth in the July 2007 version of the Stormwater Best Management Practices Manual published by the Division, or other technically equivalent guidance acceptable to the Division;
(e) Initiate a "Nutrient Management Education Program" for NCDOT staff and contractors engaged in the application of fertilizers on highway rights of way. The purpose of this program shall be to contribute to the load reduction objectives established in 15A NCAC 02B .0275 through proper application of nutrients, both inorganic fertilizer and organic nutrients, to highway rights of way in the Falls watershed in keeping with the most current state-recognized technical guidance on proper nutrient management; and
(f) Address compliance with the riparian buffer protection requirements of 15A NCAC 02B .0233 and .0242 through a Division approval process.
(10) NON-NCDOT RULE IMPLEMENTATION. For all state and federal entities that control lands within the Falls watershed with the exception of the NCDOT, this Rule shall be implemented as follows:
(a) Upon Commission approval of the accounting methods required in Item (13) of this Rule, subject entities shall comply with the requirements of Items (3) and (4) of this Rule;
(b) By July 15, 2013, the Division shall submit a Stage I model local program to the Commission for approval that embodies the criteria described in Items (5) and (6) of this Rule. The Division shall work in cooperation with subject state and federal entities and other watershed interests in developing this model program, which shall include the following:
(i) Methods to quantify load reduction requirements and resulting load reduction assignments for individual entities;
(ii) Methods to account for discharging sand filters, malfunctioning septic systems, and leaking collection systems; and
(iii) Methods to account for load reduction credits from various activities;
(c) Within six months after the Commission's approval of the Stage I model local program, subject entities shall submit load reduction programs that meet or exceed the requirements of Items (5) and (6) of this Rule to the Division for review and preliminary approval and shall begin implementation and tracking of measures to reduce nutrient loads from existing developed lands owned or controlled by the responsible state or federal entity;
(d) Within 20 months of the Commission's approval of the Stage I model local program, the Division shall provide recommendations to the Commission on existing development load reduction programs. The Commission shall either approve the programs or require changes based on the standards set out in Item (4) of this Rule. Should the Commission require changes, the applicable state or federal entity shall have two months to submit revisions, and the Division shall provide follow-up recommendations to the Commission within two months after receiving revisions;
(e) Within three months after the Commission's approval of a Stage I existing development load reduction program, the affected entity shall complete adoption of and begin implementation of its existing development Stage I load reduction program;
(f) Upon implementation of the programs required under Item (4) of this Rule, state and federal entities subject to this Rule shall provide annual reports to the Division documenting their progress in implementing those requirements within three months following each anniversary of program implementation date until such time the Commission determines they are no longer needed to ensure maintenance of reductions or that standards are protected. State and federal entities shall indefinitely maintain and ensure performance of implemented load-reducing measures;
(g) By January 15, 2021 and every five years thereafter until either accounting determines load reductions have been achieved, standards are met, or the Commission takes other actions per 15A NCAC 02B .0275, state and federal entities located in the upper Falls watershed as defined in Item (3) of 15A NCAC 02B .0275 shall submit and begin implementation of Stage II load reduction program or program revision to the Division. Within nine months after submittal, the division shall make recommendations to the Commission on approval of these programs. The Commission shall either approve the programs or require changes based on the standards set out in this Rule. Should the Commission require changes, the applicable state or federal entity shall submit revisions within two months, and the Division shall provide follow-up recommendations to the Commission within three months after receiving revisions. Upon approval, the state or federal entity shall adjust implementation based on its approved program;
(h) A state or federal entity may, at any time after commencing implementation of its load reduction program, submit program revisions to the Division for approval based on identification of more cost-effective strategies or other factors not originally recognized;
(i) Once either load reductions are achieved per annual reporting or water quality standards are met in the lake per 15A NCAC 02B .0275, state and federal entities shall submit programs to ensure no load increases and shall report annually per Sub-Item (10)(f) on compliance with no increases and take additional actions as necessary; and
(j) Beginning January 2016 and every five years thereafter, the Division shall review the accounting methods stipulated under Sub-Item (10)(a) to determine the need for revisions to those methods and to loading reductions assigned using those methods. Its review shall include values subject to change over time independent of changes resulting from implementation of this Rule, such as untreated export rates that may change with changes in atmospheric deposition. It shall also review values subject to refinement, such as nutrient removal efficiencies.
(11) NCDOT RULE IMPLEMENTATION. For the NCDOT, this Rule, shall be implemented as follows:
(a) By July 2013, the NCDOT shall submit the Stormwater Management Program for the Falls watershed to the Division for approval. This Program shall meet or exceed the requirements in Item (9) of this Rule;
(b) By January 15, 2014, the Division shall request the Commission's approval of the NCDOT Stormwater Management Program;
(c) By January 15, 2014, the NCDOT shall implement the Commission-approved Stormwater Management Program; and
(d) Upon implementation, the NCDOT shall submit annual reports to the Division summarizing its activities in implementing each of the requirements in Item (9) of this Rule. This annual reporting may be incorporated into annual reporting required under NCDOT's NPDES stormwater permit.
(12) RELATIONSHIP TO OTHER REQUIREMENTS. A party may in its program submittal request that the Division accept its implementation of another stormwater program or programs, such as NPDES stormwater requirements, as satisfying one or more of the requirements set forth in Items (4) or (5) of this Rule. The Division shall provide determination on acceptability of any such alternatives prior to requesting Commission approval of programs under this Rule. The party shall include in its program submittal technical information demonstrating the adequacy of the alternative requirements.
(13) ACCOUNTING METHODS. By July 15, 2012, the Division shall submit a nutrient accounting framework to the Commission for approval. This framework shall include tools for quantifying load reduction assignments on existing development for parties subject to this Rule, load reduction credits from various activities on existing developed lands, and a tool that will allow subject parties to account for loading from new and existing development and loading changes due to BMP implementation. The Division shall work in cooperation with subject parties and other watershed interests in developing this framework. The Division shall periodically revisit these accounting methods to determine the need for revisions to both the methods and to existing development load reduction assignments made using the methods set out in this Rule. It shall do so no less frequently than every 10 years. Its review shall include values subject to change over time independent of changes resulting from implementation of this Rule, such as untreated export rates that may change with changes in atmospheric deposition. It shall also review values subject to refinement, such as BMP nutrient removal efficiencies.
History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010);
Amended Eff. April 1, 2020.
15a ncac 02b .0282 Falls water supply nutrient strategy: options for offsetting nutrient loads
PURPOSE. This Rule provides parties subject to other rules within the Falls nutrient strategy with options for meeting rule requirements by obtaining or buying credit for nutrient load-reducing activities conducted by others (sellers). It provides the potential for parties who achieve excess load reductions under the Falls nutrient strategy to recover certain costs by selling such credits, and it provides opportunity for third parties to produce reductions and sell credits. Overall it provides the potential for more cost-effective achievement of strategy reduction objectives. Accounting is required to ensure and track the availability and use of trading credits. This accounting will be compared against compliance accounting required under other rules of the Falls nutrient strategy to ensure that crediting is properly accounted for. This Rule furthers the adaptive management intent of the strategy to protect the water supply, aquatic life, and recreational uses of Falls Reservoir. The minimum requirements for the exchange of load reduction credits are:
(1) PREREQUISITES. The following buyers shall meet applicable criteria identified here and in rules imposing reduction requirements on them before utilizing the option outlined in this Rule:
(a) Agriculture Rule .0280: Owners of agricultural land shall receive approval from the Watershed Oversight Committee to obtain offsite credit pursuant to the conditions of Sub-Item (7)(b)(vii) of Rule .0280;
(b) New Development Rule .0277: Developers shall meet onsite reduction requirements enumerated in Sub-Item (4)(b) of Rule .0277 before obtaining offsite credit;
(c) Wastewater Rule .0279: New and expanding dischargers shall first make all reasonable efforts to obtain allocation from existing dischargers as stated in Sub-Items (7)(a)(ii) and (8)(a)(ii), respectively of Rule .0279; and
(d) State and Federal Entities Stormwater Rule .0281:
(i) Non-DOT entities shall meet onsite new development reduction requirements enumerated in Sub-Item (4)(b) of Rule .0281; and
(ii) NC DOT shall meet onsite non-road new development reduction requirements enumerated in Sub-Item (9)(c) of Rule .0281 before obtaining offsite credit.
(2) The party seeking approval to sell load reduction credits pursuant to this Rule shall demonstrate to the Division that such reductions meet the following criteria:
(a) Load reductions eligible for credit shall not include reductions that result from actions required to mitigate nutrient load-increasing actions under any regulation, except where a rule in this Section expressly allows such credit; and
(b) The party seeking to sell credits shall define the nature of the activities that would produce reductions and define the magnitude and duration of those reductions to the Division, including addressing the following items:
(i) Quantify and account for the relative uncertainties in reduction need estimates and load reduction estimates;
(ii) Ensure that load reductions shall take place at the time and for the duration in which the reduction need occurs; and
(iii) Demonstrate means adequate for assuring the achievement and claimed duration of load reduction, including the cooperative involvement of any other involved parties;
(c) Geographic Restrictions. Eligibility to use load reductions as credit is based on the following geographic criteria:
(i) Impacts in the upper Falls watershed as defined in Item (19) of 15A NCAC 02B .0276 may be offset only by load reductions achieved in the upper Falls watershed; and
(ii) Impacts in the lower Falls watershed as defined in Item (20) of 15A NCAC 02B .0276 shall be offset by load reductions achieved anywhere within the Falls watershed.
(3) The party seeking approval to sell load reduction credits shall provide for accounting and tracking methods that ensure genuine, accurate, and verifiable achievement of the purposes of this Rule, and shall otherwise meet the requirements of Rule .0703 of this Subchapter, which establishes procedural requirements for nutrient offset payments. The Division shall work cooperatively with interested parties at their request to develop such accounting and tracking methods to support the requirements of Item (2) of this Rule.
(4) Local governments have the option of combining their reduction needs from NPDES dischargers assigned allocations in 15A NCAC 02B .0279 and existing development as described in 15A NCAC 02B .0278, including loads from properly functioning and malfunctioning septic systems and discharging sand filters, into one reduction and allocation requirement and meet them jointly.
(5) Proposals for use of offsetting actions as described in this Rule shall become effective after determination by the Director that the proposal contains adequate scientific or engineering standards or procedures necessary to achieve and account for load reductions as required under Items (2) and (3) of this Rule, and that specific accounting tools required for these purposes in individual rules have been adequately established. In making this determination, the Director shall also evaluate the potential for load offset elsewhere that results in localized adverse water quality impacts that contribute to impairment of classified uses of the affected waters.
(6) A party seeking to purchase nutrient offset credit from the NC Ecosystem Enhancement Program or from a public or private seller of reduction credit shall meet the applicable requirements of Rule .0703 of this Subchapter, which establishes procedural requirements for nutrient offset payments, in addition to applicable requirements of this Rule. Requirements of Rule .0703 include, but are not limited to, the requirement for non-governmental entities to purchase credit from a provider other than the NC Ecosystem Enhancement Program if such credit is available.
(7) The Watershed Oversight Committee under Rule 15A NCAC 02B .0280 may satisfy the seller requirements of Items (2) and (3) of this Rule and the trading provisions of Rule .0280 for individual agricultural land owners by submitting to the Division for approval a trading program, or revisions to such a program, that demonstrates how individual trades shall meet the requirements of this Rule and Rule .0280, and by subsequently including in annual reports required under Rule .0280 separate tracking and accounting for such trades.
History Note: Authority G.S. 143-214.1; 1432-214.3; 143-214.5; 143-214.7; 143-215.1; 1432-15.3; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d); S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486;
Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010);
Amended Eff. April 1, 2020.
15A NCAC 02B .0283 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0284 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0285 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0286 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0287 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0288 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0289 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0290 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0291 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0292 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0293 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0294 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS
(a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in Paragraph (c) of this Rule and to set forth requirements for buffer mitigation providers.
(b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(1) "Authority" means either the Division or a local government that has been delegated or designated pursuant to Rules .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter to implement the riparian buffer program.
(2) "Compensatory Buffer Mitigation Bank" means a buffer mitigation site created by a mitigation provider and approved for mitigation credit by the Division through execution of a mitigation banking instrument.
(3) "Division" means the Division of Water Resources of the North Carolina Department of Environment and Natural Resources.
(4) "Enhancement Site" means a riparian zone site characterized by conditions between that of a restoration site and a preservation site such that the establishment of woody stems (i.e., tree or shrub species) will maximize nutrient removal and other buffer functions.
(5) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at no cost at {16A42F31-6DC7-4EC3-88A9-03E6B7D55653} using the eight-digit Hydrologic Unit Code (HUC) prepared by the United States Geological Survey.
(6) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the location of the mitigation site relative to the impact site as set forth in Paragraph (f) of this Rule.
(7) "Mitigation banking instrument" means the legal document for the establishment, operation, and use of a mitigation bank.
(8) "Monitoring period" means the length of time specified in the approved mitigation plan during which monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the mitigation approval is done.
(9) "Non-wasting endowment" means a fund that generates enough interest to cover the cost of the long term monitoring and maintenance.
(10) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain (63) on Griffith, et al. (2002) "Ecoregions of North and South Carolina." Reston, VA, United States Geological Survey available at no cost at .
(11) "Preservation Site" means riparian zone sites that, as determined by a site visit conducted by the Authority, are characterized by a forest consisting of the forest strata and diversity of species appropriate for the location.
(12) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by scattered individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings).
(13) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation as set forth in Paragraph (m) of this Rule.
(14) "Riparian wetland" means a wetland that is found in one or more of the following landscape positions:
(A) in a geomorphic floodplain;
(B) in a natural topographic crenulation;
(C) contiguous with an open water equal to or greater than 20 acres in size; or
(D) subject to tidal flow regimes excluding salt/brackish marsh wetlands.
(15) "Stem" means a woody seedling, sapling, shrub, or tree, no less than 10 centimeters in height.
(16) "Urban" means an area that is either designated as an urbanized area under the most recent federal decennial census available at no cost at or is located within the corporate limits of a municipality.
(17) "Zonal Ratio" means the mitigation ratio applied to impact amounts in the respective zones of the riparian buffer as set forth in Paragraph (e) of this Rule.
(c) MITIGATION REQUIREMENTS. Buffer mitigation is required when one of the following applies:
(1) The applicant has received an authorization certificate for impacts pursuant to Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter and is required to perform mitigation as a condition of the authorization certificate; or
(2) The applicant has received a variance pursuant to Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter and is required to perform mitigation as a condition of a variance approval.
Any applicant covered under this Paragraph shall submit to the Authority a written mitigation proposal that calculates the required area of mitigation and describes the area and location of each type of proposed mitigation. The applicant shall not impact buffers until the Authority approves the mitigation plan and issues written approval.
(d) AREA OF IMPACT. The Authority shall determine the area of impact in square feet to each Zone as defined by the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter of the proposed riparian buffer by adding the following:
(1) The area of the footprint of the use impacting the riparian buffer;
(2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use; and
(3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
The Authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian wetland mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The Authority shall determine the required area of mitigation for each Zone by applying each of the following ratios to the area of impact calculated under Paragraph (d) of this Rule:
|Basin/Watershed |Zone 1 Ratio |Zone 2 Ratio |
|Neuse River Basin (15A NCAC 02B .0233) |3:1 |1.5:1 |
|Catawba River Basin (15A NCAC 02B .0243) |2:1 |1.5:1 |
|Randleman Lake Watershed (15A NCAC 02B .0250) |3:1 |1.5:1 |
|Tar-Pamlico River Basin (15A NCAC 02B .0259) |3:1 |1.5:1 |
|Jordan Lake Watershed (15A NCAC 02B .0267) |3:1 |1.5:1 |
|Goose Creek Watershed (15A NCAC 02B .0607) |3:1A |
A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose
Creek Watershed is 3:1 for the entire buffer.
(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant or mitigation provider shall use the following locational ratios as applicable based on location of the proposed mitigation site relative to that of the proposed impact site. Locational ratios shall be as follows:
|Location |Ratio |
|Within the 12-digit HUCA |0.75:1 |
|Within the eight-digit HUCB |1:1 |
|Outside of the eight-digit HUCB |2:1 |
A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed the ratio is 1:1.
B Except as provided in Paragraph (g) of this Rule.
(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the same river basin where the impact is located with the following additional specifications:
(1) In the following cases, mitigation shall be performed in the same watershed where the impact is located:
(A) Falls Lake Watershed, as defined in Rule .0275 of this Section;
(B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter;
(C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section;
(D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this Section; and
(E) Other watersheds as specified in riparian buffer protection rules adopted by the Commission.
(2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally listed threatened or endangered aquatic species may be done within other watersheds with the same federally listed threatened or endangered aquatic species as long as the impacts are in the same river basin as the mitigation site.
(h) MITIGATION OPTIONS FOR APPLICANTS. The applicant may propose any of the following types of mitigation:
(1) Riparian buffer restoration or enhancement pursuant to Paragraph (n) of this Rule;
(2) Payment of a compensatory mitigation fee to a compensatory buffer mitigation bank pursuant to Paragraph (i) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (j) of this Rule. Payment shall conform to the requirements of G.S. 143-214.20;
(3) Donation of real property or of an interest in real property pursuant to Paragraph (k) of this Rule;
(4) Alternative buffer mitigation pursuant to Paragraph (o) of this Rule; or
(5) Other buffer mitigation as approved by the Environmental Management Commission as a condition of a variance approval.
(i) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC COMPENSATORY BUFFER MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing mitigation credits from a private or public compensatory buffer mitigation bank shall meet the following requirements:
(1) The compensatory buffer mitigation bank from which credits are purchased shall have available riparian buffer credits approved by the Division;
(2) The compensatory buffer mitigation bank from which credits are purchased shall be located as described in Paragraphs (e), (f), and (g) of this Rule; and
(3) After receiving a mitigation acceptance letter from the compensatory buffer mitigation bank, proof of payment for the credits shall be provided to the Authority prior to any activity that results in the removal or degradation of the protected riparian buffer.
(j) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or all of their mitigation requirement by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall meet the requirements of Rule .0269 of this Section. Payment made to the NC Division of Mitigation Services (DMS) shall be contingent upon acceptance of the payment by the DMS. The DMS shall consider their financial, temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the request.
(k) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation requirement by donating real property or an interest in real property to fully or partially offset an approved payment into the Riparian Buffer Restoration Fund pursuant to Paragraph (j) of this Rule shall do so in accordance with 15A NCAC 02R .0403.
(l) MITIGATION SITE REQUIREMENTS FOR APPLICANTS AND MITIGATION PROVIDERS. For each mitigation site proposed by an applicant or mitigation provider under Paragraphs (n) or (o) of this Rule, the Authority shall identify functional criteria to measure the anticipated benefits of the mitigation to the adjacent water. The Authority shall issue a mitigation determination that specifies the area, type, and location of mitigation and the water quality benefits to be provided by the mitigation site. All mitigation proposals shall meet the following criteria:
(1) The location of the buffer mitigation site shall comply with the requirements of Paragraphs (f) and (g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake shoreline as well as along intermittent and perennial stream channels throughout the watershed.
(2) The mitigation proposal shall include a commitment to provide:
(A) a perpetual conservation easement or similar preservation mechanism to ensure perpetual stewardship that protects the mitigation site's nutrient removal and other water quality functions;
(B) a non-wasting endowment or other dedicated financial surety to provide for the perpetual land management and hydrological maintenance of lands and maintenance of structures as applicable; and
(C) financial assurance in the form of a completion bond, credit insurance, letter of credit, escrow, or other vehicle acceptable to the Authority payable to, or for the benefit of, the Authority in an amount sufficient to ensure that the property is secured in fee title or by easement, and that planting or construction, monitoring and maintenance are completed as necessary to meet success criteria as specified in the approved mitigation plan. This financial assurance obligation shall not apply to the NC DMS.
(3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover or stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow converted to diffuse flow. If the applicant or mitigation provider determines that elimination of existing stormwater conveyances is not feasible, then they shall include a justification and shall provide a delineation of the watershed draining to the stormwater outfall and the percentage of the total drainage by area treated by the riparian buffer with the mitigation plan specified in Paragraph (n) or (o) of this Rule for Authority approval. During mitigation plan review and approval, the Authority may reduce credit proportionally.
(4) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in Zone 1, that portion of the sewer easement within Zone 1 shall not be suitable for buffer mitigation credit. If the proposed mitigation site contains a sewer easement in Zone 2, the portion of the sewer easement in Zone 2 may be suitable for buffer mitigation credit if:
(A) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1 adjacent to the sewer easement;
(B) the sewer easement is required to be maintained in a condition that meets the vegetative requirements of the collection system permit; and
(C) diffuse flow is provided across the entire buffer width.
(5) The applicant or mitigation provider shall provide a site specific credit/debit ledger to the Authority at regular intervals as specified in the mitigation plan approval or mitigation banking instrument once credits are established and until they are exhausted.
(6) Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation credit shall be accounted for in accordance with the following:
(A) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset credits;
(B) Buffer mitigation credit shall not be generated within wetlands that provide wetland mitigation credit required by 15A NCAC 02H .0506; and
(C) Buffer mitigation credit may be generated on stream mitigation sites as long as the width of the restored or enhanced riparian buffer meets the requirements of Subparagraph (n)(1) of this Rule.
(m) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as follows:
|Mitigation Activity |Square Feet of |Riparian Buffer |
| |Mitigation Buffer |Mitigation Units Generated |
|Restoration Site |1 |1 |
|Enhancement Site |2 |1 |
|Preservation Site on Non-Subject Urban Streams |3 |1 |
|Preservation Site on Subject Urban Streams |3 |1 |
|Preservation Site on Non-Subject Rural Streams |5 |1 |
|Preservation Site on Subject Rural Streams |10 |1 |
(n) RIPARIAN BUFFER RESTORATION SITE OR ENHANCEMENT SITE. Authority staff shall make an on-site determination as to whether a potential mitigation site qualifies as a restoration site or enhancement site as defined in Paragraph (b) of this Rule. Riparian buffer restoration sites or enhancement sites shall meet the following requirements:
(1) Buffer restoration sites or enhancement sites may be proposed as follows:
| |
|Buffer width (ft) |Proposed Percentage |
| |of Full Credit |
|Less than 20 |0 % |
|20-29 |75 % |
|30-100 |100 % |
|101-200 |33% |
(2) The applicant or mitigation provider shall submit a restoration or enhancement mitigation plan to the Authority for written approval. The plan shall demonstrate compliance with the requirements of this Paragraph and Paragraphs (l) and (m) of this Rule and shall also contain the following:
(A) A map of the proposed restoration or enhancement site;
(B) A vegetation plan that shall detail the activities proposed to ensure a final performance standard of 260 stems per acre at the completion of monitoring. The final performance standard shall include a minimum of four native hardwood tree species or four native hardwood tree and native shrub species, where no one species is greater than 50 percent of stems. Native hardwood and native shrub volunteer species may be included to meet the final performance standard of 260 stems per acre. The Authority may approve alternative vegetation plans upon consideration of factors, including site wetness and plant availability, to meet the requirements of this Part;
(C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse flow through the entire riparian buffer;
(D) A schedule for implementation, including a fertilization and herbicide plan if applicable; and
(E) A monitoring plan to document whether the site is expected to meet the final performance standards as defined in Part (n)(2)(B) of this Rule and other anticipated benefits to the adjacent water. The plan shall include a proposed schedule and method for monitoring the vegetative status of the restoration or enhancement site for five years, including the health and average stem densities of native hardwood tree or tree and shrub species that are to be counted toward the final performance standard.
(3) Within one year after Authority approval of the mitigation plan, the applicant or mitigation provider shall present documentation to the Authority that the riparian buffer has been restored or enhanced unless the applicant or mitigation provider requests, and the Authority agrees in writing prior to that date, to a longer time period.
(4) The applicant or mitigation provider shall submit written annual reports, unless an alternative schedule has been approved by the Authority during the mitigation plan approval, for a period of five years after completion of the activities identified in Part (n)(2)(B) of this Rule at the restoration site or enhancement site showing:
(A) compliance with the monitoring plan approved pursuant to Part (n)(2)(E) of this Rule; and
(B) that diffuse flow through the riparian buffer has been maintained.
If the Authority determines that the native hardwood tree or tree and shrub species at the site are not expected to meet the final performance standards listed in Part (n)(2)(B) of this Rule, then the Authority may require that the applicant or mitigation provider replace trees or trees and shrubs as needed during that five-year period. If the Authority determines that diffuse flow through the buffer is not being maintained, then the Authority may require that the applicant or mitigation provider restore diffuse flow. If the Authority determines that the final performance standards listed in Part (n)(2)(B) of this Rule have not been achieved at the end of the five-year monitoring period, the Authority may require additional years of monitoring. The Authority shall make determinations referenced in this Subparagraph on a site specific basis based on the annual reports, any supplemental information submitted by the applicant or mitigation provider, or a site evaluation by the Authority.
(o) ALTERNATIVE BUFFER MITIGATION OPTIONS. Alternative buffer mitigation options are detailed in this Paragraph. Any proposal for alternative buffer mitigation shall be provided in writing to the Division, shall meet the content and procedural requirements for approval by the Division, shall meet the requirements set out in Paragraphs (l) and (m) of this Rule and the requirements set out in the named Subparagraph of this Paragraph addressing that applicable alternative buffer mitigation option:
(1) Retroactive Credit. Alternative buffer mitigation sites constructed and within the required monitoring period on the effective date of this Rule shall be eligible for use as alternative buffer mitigation sites. Alternative buffer mitigation sites that have completed monitoring and were released by the Division on or within the past 10 years of the effective date of this Rule shall be eligible for use as alternative buffer mitigation sites. All alternative buffer mitigation site proposals submitted under this Subparagraph shall meet the following:
(A) A map or maps of the proposed alternative buffer mitigation site;
(B) Documentation of pre-existing conditions showing that the proposed alternative buffer mitigation site met the criteria to qualify for the applicable alternative buffer mitigation type identified in the applicable Subparagraph of this Paragraph;
(C) Documentation of the activities that were conducted at the proposed alternative buffer mitigation site to meet success criteria identified in the applicable Subparagraph of this Paragraph; and
(D) Documentation that the proposed alternative buffer mitigation site met the success criteria identified in the applicable Subparagraph of this Paragraph.
These alternative buffer mitigation sites shall receive credit in accordance with the criteria set forth in Paragraph (m) and Subparagraph (n)(1) of this Rule.
(2) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain headwater stream mitigation sites may also be approved as riparian buffer mitigation credit if the site meets all applicable requirements of Paragraph (n) of this Rule. In addition, all success criteria specified in the approval of the stream mitigation site by the Division shall be met. The area of the buffer shall be measured perpendicular to the length of the valley being restored. The area within the proposed buffer mitigation site shall not also be used as wetland mitigation.
(3) Buffer Restoration and Enhancement on Non-Subject Streams. Restoration or enhancement of buffers may be conducted on intermittent or perennial streams that are not subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter. These streams shall be confirmed as intermittent or perennial streams by Division staff certified per G.S. 143-214.25A using the Division publication, "Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 2010)" available at no cost at . The proposal shall meet all applicable requirements of Paragraph (n) of this Rule.
(4) Preservation of Buffer on Non-Subject Streams. Preservation of buffers on intermittent or perennial streams that are not subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter may be proposed in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer. These streams shall be confirmed as intermittent or perennial streams by Division staff certified per G.S. 143-214.25A using the Division publication, "Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v4.11, 2010)." The preservation site shall meet the requirements of Subparagraph (n)(1) of this Rule and the requirements set forth in 15A NCAC 02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent of the total area of buffer mitigation.
(5) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed on streams that are subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter in order to permanently protect the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer beyond the protection afforded by the existing buffer rules on sites that meet the definition of a preservation site. The preservation site shall meet the requirements of Subparagraph (n)(1) and the requirements set forth in 15A NCAC 02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent of the total area of buffer mitigation.
(6) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available for an applicant or mitigation provider who proposes permanent exclusion of grazing livestock that otherwise degrade the stream and riparian zone through trampling, grazing, or waste deposition by fencing the livestock out of the stream and its adjacent buffer. The applicant or mitigation provider shall provide an enhancement plan as set forth in Paragraph (n) of this Rule. The applicant or mitigation provider shall demonstrate that grazing was the predominant land use since the effective date of the applicable buffer rule.
(7) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this Part, an "ephemeral channel" is defined as a natural channel exhibiting discernible banks within a topographic crenulation (V-shaped contour lines) indicative of natural drainage on the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen on digital elevation models with contours developed from the most recent available LiDAR data, available at no cost at . Ephemeral channels only flow for a short period of time after precipitation in the drainage area and do not have periods of base flow sustained by groundwater discharge. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ephemeral channel. The entire area proposed for mitigation shall be within the contributing drainage area to the ephemeral channel. The ephemeral channel shall be directly connected to an intermittent or perennial stream and contiguous with the rest of the mitigation site protected under a perpetual conservation easement. The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent of the total area of buffer mitigation. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. The proposal shall meet all applicable requirements of Subparagraph (o)(4) or (o)(5) of this Rule for preservation.
(8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria:
(A) be directly connected with and draining towards an intermittent or perennial stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual conservation easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement.
(9) Stormwater Treatment Options. All stormwater treatment options shall meet the following requirements:
(A) Structural options already required by other local, state, or federal rule or permit cannot be used as alternative buffer mitigation credit, except to the extent such measure(s) exceed the requirements of such rule or permit. Stormwater Best Management Practices (BMPs), including bioretention facilities, constructed wetlands, infiltration devices and sand filters are all potentially approvable BMPs by the Division for alternative buffer mitigation credit. Other BMPs may be approved only if they meet the nutrient removal levels outlined in Part (o)(9)(B) of this Rule. Existing or planned BMPs for a local, state, or federal rule or permit may be retrofitted or expanded to improve their nutrient removal if this level of treatment is not required by other local, state, or federal rules. In this case, the predicted increase in nutrient removal may be counted toward alternative buffer mitigation credit;
(B) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and engineering literature review as approved by the Division. The mitigation proposal shall demonstrate that the proposed alternative removes an equal or greater annual mass load of nutrients to surface waters as the buffer impact authorized in the authorization certificate or variance, following the calculation of impact and mitigation areas pursuant to Paragraphs (d), (e), and (f) of this Rule. To estimate the rate of nutrient removal of the impacted buffer, the applicant or mitigation provider may use the "NC Division of Water Quality – Methodology and Calculation for determining nutrient reductions associated with Riparian Buffer Establishment" available at no cost at . The applicant or mitigation provider may propose an alternative method of estimating the rate of nutrient removal for consideration and review by the Division;
(C) All proposed structural BMPs shall follow the Division's "2009 Stormwater Best Management Practice Design Manual" available at no cost at . If a specific proposed structural BMP is not addressed in this Manual, the applicant or mitigation provider shall follow Chapter 20 in this Manual for approval;
(D) All structural options are required to have Division approved operation and maintenance plans;
(E) All structural options are required to have continuous and perpetual maintenance and shall follow the Division's "2009 Stormwater Best Management Practice Design Manual";
(F) Upon completion of construction, the designer for the type of BMP installed shall certify that the system was inspected during construction and that the BMP was constructed in conformity with plans and specifications approved by the Division;
(G) Removal and replacement of structural options: If a structural option is proposed to be removed and cannot be replaced on-site, then a structural or non-structural measure of equal or better nutrient removal capacity, as determined by calculations submitted to and approved by the Division, in a location as specified by Paragraphs (f) and (g) of this Rule shall be constructed as a replacement;
(H) Renovation or repair of structural options: If the applicant, mitigation provider, or the Division determines that a structural option must be renovated or repaired, it shall be renovated to provide equal or better nutrient removal capacity than as originally designed; and
(I) Structural options, as well as their operation and maintenance, are the responsibility of the landowner or easement holder unless the Division gives written approval for another responsible party to operate and maintain them. Structural options shall be located in recorded drainage easements for the purposes of operation and maintenance and shall have recorded access easements to the nearest public right-of-way. These easements shall be granted in favor of the party responsible for operating and maintaining the structure, with a note that operation and maintenance is the responsibility of the landowner, easement holder, or other responsible party.
(10) Approval for other alternative buffer mitigation options. Other alternative riparian buffer mitigation options not specified within this Rule may be submitted to the Division for review and recommendation to the Environmental Management Commission on a case-by-case basis. Any proposal submitted under this Paragraph shall provide documentation or calculations to demonstrate that the proposed alternative mitigation option removes an equal or greater annual mass load of nutrients to surface waters as a riparian buffer. Upon completion of the Division's review, and prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-calendar day public notice through the Division's website and the DWRwetlands Listserve. Division staff shall present their recommendations, including comments received during the public notice period, to the Environmental Management Commission for a final decision. If approved by the Environmental Management Commission, the alternative buffer mitigation option may be proposed by other applicants and mitigation providers.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L. 1999-329, s. 7.1; S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L. 2009-486; S.L. 2014-95;
Temporary Adoption Eff. October 24, 2014;
Eff. November 1, 2015.
SECTION .0300 - ASSIGNMENT OF STREAM CLASSIFICATIONS
15A NCAC 02B .0301 CLASSIFICATIONS: GENERAL
(a) The classifications assigned to the waters of the State of North Carolina are set forth in river basin classification schedules provided at and in Rules .0302 to .0317 of this Section. These classifications are based upon procedures described in Rule .0101 of this Subchapter.
(b) Classifications. The classifications assigned to the waters of North Carolina are denoted by the letters C, B, WS-I, WS-II, WS-III, WS-IV, WS-V, WL, SC, SB, SA, SWL, Tr, Sw, NSW, ORW, HQW, and UWL. The "best usage", as defined in Rule .0202 of this Subchapter, for each classification is defined in the rules as follows:
(1) Fresh Waters Classifications:
(A) Class C: Rule .0211 of this Subchapter;
(B) Class B: Rule .0219 of this Subchapter;
(C) Class WS-I (Water Supply): Rule .0212 of this Subchapter;
(D) Class WS-II (Water Supply): Rule .0214 of this Subchapter;
(E) Class WS-III (Water Supply): Rule .0215 of this Subchapter;
(F) Class WS-IV (Water Supply): Rule .0216 of this Subchapter;
(G) Class WS-V (Water Supply): Rule .0218 of this Subchapter; and
(H) Class WL (Wetlands): Rule .0231 of this Subchapter.
(2) Tidal Salt Waters Classifications:
(A) Class SC: Rule .0220 of this Subchapter;
(B) Class SB: Rule .0222 of this Subchapter;
(C) Class SA: Rule .0221 of this Subchapter; and
(D) Class SWL: Rule .0231 of this Subchapter.
(3) Supplemental Classifications:
(A) Class Tr (Trout Waters): Rule .0202 of this Subchapter;
(B) Class Sw (Swamp): Rule .0202 of this Subchapter;
(C) Class NSW (Nutrient Sensitive Waters): Rule .0223 of this Subchapter;
(D) Class ORW (Outstanding Resource Waters): Rule .0225 of this Subchapter;
(E) Class HQW (High Quality Waters): Rule .0224 of this Subchapter; and
(F) Class UWL (Unique Wetlands): Rule .0231 of this Subchapter.
(c) Water Quality Standards. The water quality standards applicable to each classification assigned are those established in the rules of Section .0200 of this Subchapter.
(d) Index Number. The index number is an identification number assigned to each stream or segment of a stream, indicating the specific tributary progression between the main stem stream and tributary stream. The index number can be referenced to the Division's river basin classification schedules (hydrologic and alphabetic) for each river basin.
(e) Classification Date. The classification date indicates the date on which enforcement of the provisions of General Statutes 143-215.1 became effective with reference to the classification assigned to the various streams in North Carolina.
(f) Unnamed Streams.
(1) Any stream that is not listed in a river basin classification schedule carries the same classification as that assigned to the stream segment to which it is tributary except:
(A) unnamed freshwaters tributary to tidal saltwaters will be classified "C"; or
(B) after November 1, 1986, any areas of tidal saltwater created by dredging projects approved in accordance with 15A NCAC 07H .0208 and connected to Class SA waters shall be classified "SC" unless case-by-case reclassification proceedings are conducted per Rule .0101 of this Subchapter.
(2) In addition to Subparagraph (1) of this Paragraph, for unnamed streams entering other states, tribes approved for treatment as a state and administering a U.S. Environmental Protection Agency approved water quality standards program, or for specific areas of a river basin, the following Rules shall apply:
(A) Hiwassee River Basin (Rule .0302 of this Section);
(B) Little Tennessee River Basin and Savannah River Drainage Area (Rule .0303 of this Section);
(C) French Broad River Basin (Rule .0304 of this Section);
(D) Watauga River Basin (Rule .0305 of this Section);
(E) Broad River Basin (Rule .0306 of this Section);
(F) New River Basin (Rule .0307 of this Section);
(G) Catawba River Basin (Rule .0308 of this Section);
(H) Yadkin-Pee Dee River Basin (Rule .0309 of this Section);
(I) Lumber River Basin (Rule .0310 of this Section);
(J) Roanoke River Basin (Rule .0313 of this Section);
(K) Tar-Pamlico River Basin (Rule .0316 of this Section); and
(L) Pasquotank River Basin (Rule .0317 of this Section).
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; August 3, 1992; August 1, 1990; October 1, 1989;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2022.
15A NCAC 02B .0302 HIWASSEE RIVER BASIN
(a) Classifications assigned to the waters within the Hiwassee River Basin are set forth in the Hiwassee River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Asheville Regional Office
2090 US 70
Swannanoa, North Carolina; and
(B) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering Georgia or Tennessee shall be classified "C Tr."
(c) The Hiwassee River Basin Classification Schedule was amended effective:
(1) August 9, 1981;
(2) February 1, 1986;
(3) March 1, 1989;
(4) August 1, 1990;
(5) August 3, 1992;
(6) July 1, 1995;
(7) August 1, 2002.
(d) The Hiwassee River Basin Classification Schedule was amended effective March 1, 1989 as follows:
(1) Fires Creek (Index No. 1-27) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW.
(2) Gipp Creek (Index No. 1-52-23) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW.
(e) The Hiwassee River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(f) The Hiwassee River Basin Classification Schedule was amended effective July 1, 1995 with the reclassification of the Hiwassee River [Index Nos. 1-(42.7) and 1-(48.5)] from McComb Branch to the Town of Murphy water supply intake including tributaries from Classes WS-IV and WS-IV CA to Classes WS-IV, WS-IV CA, WS-V and C.
(g) The Hiwassee River Basin Classification Schedule was amended effective August 1, 2002 with the reclassification of the Hiwassee River [portion of Index No. 1-(16.5)] from a point 1.2 mile upstream of mouth of McComb Branch to a point 0.6 mile upstream of McComb Branch (Town of Murphy proposed water supply intake) from Class WS-IV to Class WS-IV CA.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 2002; July 1, 1995; August 3, 1992; August 1, 1990; March 1, 1989;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0303 LITTLE TENNESSEE RIVER BASIN AND SAVANNAH RIVER DRAINAGE AREA
(a) Classifications assigned to the waters within the Little Tennessee River Basin and Savannah River Drainage Area are set forth in the Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(B) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering Georgia or Tennessee shall be classified "C Tr." Such streams in the Savannah River drainage area entering South Carolina shall be classified "B Tr."
(c) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective:
(1) February 16, 1977;
(2) March 1, 1977;
(3) July 13, 1980;
(4) February 1, 1986;
(5) October 1, 1987;
(6) March 1, 1989;
(7) January 1, 1990;
(8) July 1, 1990;
(9) August 1, 1990;
(10) March 1, 1991;
(11) August 3, 1992;
(12) February 1, 1993;
(13) August 1, 1994;
(14) September 1, 1996;
(15) August 1, 1998;
(16) August 1, 2000;
(17) April 1, 2003;
(18) January 1, 2007;
(19) November 1, 2007;
(20) July 1, 2009.
(d) The Little Tennessee Basin and Savannah River Drainage Area Classification Schedule was amended effective March 1, 1989 as follows:
(1) Nantahala River (Index No. 2-57) from source to the backwaters of Nantahala Lake and all tributary waters were reclassified from Class B-trout, Class C-trout and Class C to Class B-trout ORW, Class C-trout ORW and Class C ORW.
(2) Chattooga River (Index No. 3) including Scotsman Creek, Overflow Creek, Big Creek, Talley Mill Creek and all tributary waters were reclassified from Class B-trout, Class C-trout and Class C to Class B-trout ORW, Class C-trout ORW and Class C ORW and Clear Creek and all tributary waters were reclassified from Class C-trout and Class C to Class B-trout and Class B.
(e) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective January 1, 1990 as follows:
(1) North Fork Coweeta Creek (Index No. 2-10-4) and Falls Branch (Index No. 2-10-4-1) were reclassified from Class C to Class B.
(2) Burningtown Creek (Index No. 2-38) was reclassified from C-trout to B-trout.
(f) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective July 1, 1990 by the reclassification of Alarka Creek (Index No. 2-69) from source to Upper Long Creek (Index No. 2-69-2) including all tributaries from Classes C and C Tr to Classes C HQW and C Tr HQW.
(g) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective March 1, 1991 as follows:
(1) Cartoogechaye Creek [Index Nos. 2-19-(1) and 2-19-(16)] from Gibson Cove Branch to bridge at U.S. Hwy. 23 and 441 and from the bridge at U.S. Hwy. 23 and 441 to the Little Tennessee River was reclassified from Classes WS-III Tr and C Tr to Classes WS-III and B Tr and B Tr respectively.
(2) Coweeta Creek (Index Nos. 2-10) from its source to the Little Tennessee River including all tributaries except Dryman Fork (Index No. 2-10-3) and North Fork Coweeta Creek (Index No. 2-10-4) was reclassified from Classes C and C Tr to Classes B and B Tr.
(h) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(i) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective February 1, 1993 as follows:
(1) Bearwallow Creek from its source to 2.3 miles upstream of the Toxaway River [Index No. 4-7-(1)] was revised to indicate the application of an additional management strategy (Rule .0201(d) of this Subchapter) to protect downstream waters; and
(2) the Tuckaseegee River from its source to Tennessee Creek [Index No. 2-79-(0.5)] including all tributaries was reclassified from Classes WS-III&B Tr HQW, WS-III HQW and WS-III to Classes WS-III Tr ORW and WS-III ORW.
(j) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective August 1, 1994 with the reclassification of Deep Creek [Index Nos. 2-79-63-(1) and 2-79-63-(16)] from its source to the Great Smokey Mountains National Park Boundary including tributaries from Classes C Tr, B Tr and C Tr HQW to Classes WS-II Tr and WS-II Tr CA.
(k) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective September 1, 1996 as follows:
(1) Deep Creek from the Great Smoky Mountains National Park Boundary to the Tuckasegee River [Index no. 2-79-63-(21)] was reclassified from Class C Tr to Class B Tr; and
(2) the Tuckasegee River from the West Fork Tuckasegee River to Savannah Creek and from Macks Town Branch to Cochran Branch [Index Nos. 2-79-(24), 2-79(29.5) and 2-79-(38)] was reclassified from Classes WS-III Tr, WS-III Tr CA and C to Classes WS-III&B Tr, WS-III&B Tr CA and B.
(l) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective August 1, 1998 with the reclassifications of Thorpe Reservoir (Lake Glenville), Hurricane Creek, and Laurel Branch [Index Nos. 2-79-23-(1), 2 -79-23-2, and 2-79-23-2-1 respectively] from classes WS-III&B, WS-III Tr and WS-III to classes WS-III&B HQW, WS-III Tr HQW, and WS-III HQW.
(m) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended August 1, 2000 with the reclassification of Wesser Creek [Index No. 2-79-52-5-1] from its source to Williams Branch from Class C to Class C Tr.
(n) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended April 1, 2003 with the reclassification of a portion of the Little Tennessee River [Index No. 2-(1)] from a point 0.4 mile upstream of N.C. Highway 28 to Nantahala River Arm of Fontana Lake from Class C to Class B.
(o) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended January 1, 2007 with the reclassification of the entire watersheds of all creeks that drain to the north shore of Fontana Lake between Eagle and Forney Creeks, including Eagle and Forney Creeks, [Index Nos. 2-96 through 2-164 (excluding all waterbodies that drain to the south shore of Fontana Lake)] from Class B, C Tr, WS-IV Tr CA, WS-IV Tr, and WS-IV & B CA to Class B ORW, C Tr ORW, WS-IV Tr ORW CA, WS-IV Tr ORW, and WS-IV & B ORW CA, respectively. Additional site-specific management strategies are outlined in Rule .0225(e)(12) of this Subchapter.
(p) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended effective November 1, 2007 with the reclassification of Richland Balsam Seep near Beechflat Creek [Index No. 2-79-28-3-2] to Class WL UWL. The Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.
(q) The Little Tennessee River Basin and Savannah River Drainage Area Classification Schedule was amended July 1, 2009 with the reclassification of the watershed of the lower portion of the Horsepasture River [portion of Index Number 4-13-(12.5)] from a point approximately 0.60 miles downstream of N.C. 281 (Bohaynee Road) to the NC-SC state line from Class B Tr to Class B Tr ORW, and the watershed of the upper portion of the Horsepasture River [Index Number 4-13-(0.5) and a portion of Index Number 4-13-(12.5)] from source to a point approximately 0.60 miles downstream of N.C. 281 (Bohaynee Road) to include only the ORW management strategy as represented by "+". The "+" symbol means that all undesignated waterbodies that are located within the watershed of the upper portion of Horsepasture River shall comply with Rule .0225(c) of this Subchapter in order to protect the designated waters as per Rule .0203 of this Subchapter and to protect outstanding resource values found throughout the entire Horsepasture River watershed. Site-specific management strategies are outlined in Rule .0225(e)(13) of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); S.L. 2005-97;
Eff. February 1, 1976;
Amended Eff. July 1, 2009; November 1, 2007; January 1, 2007; April 1, 2003; August 1, 2000; August 1, 1998; September 1, 1996; August 1, 1994; February 1, 1993; August 3, 1992; March 1, 1991;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0304 FRENCH BROAD RIVER BASIN
(a) Classifications assigned to the waters within the French Broad River Basin are set forth in the French Broad River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(B) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina
(b) Unnamed streams entering Tennessee are classified "B."
(c) The French Broad River Basin Classification Schedule was amended effective:
(1) September 22, 1976;
(2) March 1, 1977;
(3) August 12, 1979;
(4) April 1, 1983;
(5) August 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) May 1, 1987;
(9) August 1, 1990.
(d) The French Broad River Basin Classification Schedule was amended effective March 1, 1989 as follows:
(1) Cataloochee Creek (Index No. 5-41) and all tributary waters were reclassified from Class C-trout and Class C to Class C-trout ORW and Class C ORW.
(2) South Fork Mills River (Index No. 6-54-3) down to Queen Creek and all tributaries were reclassified from Class WS-I and Class WS-III-trout to Class WS-I ORW and Class WS-III-trout ORW.
(e) The French Broad River Basin Classification Schedule was amended effective October 1, 1989 as follows: Cane River (Index No. 7-3) from source to Bowlens Creek and all tributaries were reclassified from Class C trout and Class C to Class WS-III trout and Class WS-III.
(f) The French Broad River Basin Classification Schedule was amended effective January 1, 1990 as follows: North Toe River (Index No. 7-2) from source to Cathis Creek (Christ Branch) and all tributaries were reclassified from Class C trout and Class C to Class WS-III trout and Class WS-III.
(g) The French Broad River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(h) The French Broad River Basin Classification Schedule was amended effective October 1, 1993 as follows: Reasonover Creek [Index No. 6-38-14-(1)] from source to Reasonover Lake Dam and all tributaries were reclassified from Class B Trout to Class WS-V and B Trout, and Reasonover Creek [Index No. 6-38-14-(4)] from Reasonover Lake Dam to Lake Julia Dam and all tributaries were reclassified from Class C Trout to Class WS-V Trout.
(i) The French Broad River Basin Classification Schedule was amended effective July 1, 1995 with the reclassification of Cane Creek [Index Nos. 6-57-(1) and 6-57-(9)] from its source to the French Broad River from Classes WS-IV and WS-IV Tr to Classes WS-V, WS-V Tr and WS-IV.
(j) The French Broad River Basin Classification Schedule was amended effective November 1, 1995 as follows: North Toe River [Index Numbers 7-2-(0.5) and 7-2-(37.5)] from source to a point 0.2 miles downstream of Banjo Branch, including tributaries, has been reclassified from Class WS-III, WS-III Trout and WS-III Trout CA (critical area) to Class WS-IV Trout, WS-IV, WS-IV Trout CA, and C Trout.
(k) The French Broad River Basin Classification Schedule was amended effective January 1, 1996 as follows: Stokely Hollow [Index Numbers 6-121.5-(1) and 6-121.5-(2)] from source to mouth of French Broad River has been reclassified from Class WS-II and Class WS-II CA to Class C.
(l) The French Broad River Basin Classification Schedule was amended April 1, 1996 with the reclassification of the French Broad River [Index No. 6-(1)] from a point 0.5 miles downstream of Little River to Mill Pond Creek to Class WS-IV; French Broad River [Index No. 6-(51.5)] from a point 0.6 miles upstream of Mills River to Mills River to Class WS-IV CA (Critical Area), from Mills River to a point 0.1 miles upstream of Boring Mill Branch to Class C; and the Mills River [Index No. 6-54-(5)] was reclassified from City of Hendersonville water supply intake to a point 0.7 miles upstream of mouth of Mills River to Class WS-III, and from a point 0.7 miles upstream of mouth of Mills River to French Broad River to Class WS-III CA (Critical Area).
(m) The French Broad River Basin Classification Schedule was amended August 1, 1998 with the revision to the primary classification for portions of the French Broad River [Index No. 6-(38.5)] and the North Toe River 7-2-(10.5) from Class IV to Class C.
(n) The French Broad River Basin Classification Schedule was amended August 1, 1998 with the reclassification of Clear Creek [Index No. 6-55-(1)] from its source to Lewis Creek from Class C Tr to Class B Tr.
(o) The French Broad River Basin Classification Schedule was amended August 1, 2000 with the reclassification of Rough Creek [Index No. 5-8-4-(1)], including all tributaries, from its source to the Canton Reservoir from Class WS-I to Class WS-I Tr ORW.
(p) The French Broad River Basin Classification Schedule was amended August 1, 2002 with the revision to the primary classification for the French Broad River [Index No. 6-(1), 6-(27), 6-(47.5), 6-(52.5), and 6-(54.5)] including its four headwater forks' mainstems, watershed of tributary Davidson River, and watershed of tributary Bent Creek below Powhatan Dam, and the Nolichucky River [Index No. 7] including a lower portion of the North Toe River from Class C and Class WS-IV to Class B.
(q) The French Broad River Basin Classification Schedule was amended August 1, 2002 with the reclassification of the North Toe River [Index No. 7-2-(0.5)], including all tributaries, from source to a point 0.2 mile upstream of Pyatt Creek, from Class C Tr to Class WS-V Tr.
(r) The French Broad River Basin Classification Schedule was amended September 1, 2004 with the reclassification of a portion of Richland Creek [Index No. 5-16(1)], from source to a point approximately 11.2 miles from source (Boyd Avenue), from Class B to Class B Tr, and all tributaries to the portion of the creek referenced in this Paragraph from C, C HQW, and WS-I HQW, and WS-I HQW to C Tr, C HQW Tr, and WS-I HQW Tr, respectively, except Hyatt Creek [Index No. 5-16-6], Farmer Branch [Index No. 5-16-11], and tributaries already classified as Tr.
(s) The French Broad River Basin Classification Schedule was amended effective November 1, 2007 with the reclassification of McClure's Bog near Gash Creek [Index No. 6-47] to Class WL UWL. The North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.
(t) The French Broad River Basin Classification Schedule was amended effective September 1, 2009 with the reclassification of the entire watershed of Big Laurel Creek (Index No. 6-112) from source to the French Broad River from Class C Tr to Class C ORW Tr.
(u) The French Broad River Basin Classification Schedule was amended effective September 1, 2009 with the reclassification of the entire watershed of Spring Creek [Index No. 6-118-(1) and 6-118-(27)] from source to the French Broad River from Class C Tr and Class C to Class C ORW Tr and Class C ORW.
(v) The French Broad River Basin Classification Schedule was amended December 1, 2011 with the reclassification of a portion of the French Broad River [Index No. 6-(54.5)] from the confluence of the Mills River to a point 0.2 miles downstream of the confluence of the Mills River from Class B to Class WS-IV&B CA.
(w) The Schedule of Classifications and Water Quality Standards for the French Broad River Basin was amended January 1, 2019 with the reclassification of Enka Lake, which is a portion of the Bill Moore Creek (Index No. 6-76-7) from Class C to Class B.
(x) The French Broad River Basin Classification Schedule was amended effective September 1, 2020 with the reclassification of the Sandy Bottom Wetlands adjacent to the French Broad River Basin [Index No. 6-(54.75)] and Orton Branch [Index No. 6-(66)] to Class WL UWL. The North Carolina Division of Water Resources maintains a Geographical Information Systems data layer of the UWL.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2019; December 1, 2011; September 1, 2009; November 1, 2007; September 1, 2004; August 1, 2002; August 1, 2000; August 1, 1998; April 1, 1996; January 1, 1996; November 1, 1995; July 1, 1995;
Readopted Eff. November 1, 2019;
Amended Eff. September 1, 2020.
15A NCAC 02B .0305 WATAUGA RIVER BASIN
(a) Classifications assigned to the waters within the Watauga River Basin are set forth in the Watauga River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28711-8211;
(B) Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, NC 27604.
(b) Unnamed streams entering the State of Tennessee are classified "C."
(c) The Watauga River Basin Classification Schedule was amended effective:
(1) August 12, 1979;
(2) February 1, 1986;
(3) October 1, 1987;
(4) August 1, 1989;
(5) August 1, 1990;
(6) December 1, 1990;
(7) April 1, 1992;
(8) August 3, 1992;
(9) February 1, 1993;
(10) April 1, 1994;
(11) August 1, 1998;
(12) November 1, 2007; and
(13) September 1, 2023.
(d) The Watauga River Basin Classification Schedule was amended effective July 1, 1989, as follows:
(1) Dutch Creek Index No. 8-11 was reclassified from Class C-trout to Class B-trout.
(2) Pond Creek Index No. 8-20-2 from water supply intake located just above Tamarack Road to Beech Creek and tributary waters were reclassified from Class WS-III to C.
(e) The Watauga River Basin Classification Schedule was amended effective December 1, 1990, with the reclassification of the Watauga River from the US Highway 321 bridge to the North Carolina/Tennessee state line from Class C to Class B.
(f) The Watauga River Basin Classification Schedule was amended effective April 1, 1992, with the reclassification of Pond Creek from Classes WS-III and C to Classes WS-III Trout and C Trout.
(g) The Watauga River Basin Classification Schedule was amended effective August 3, 1992, as follows:
(1) Class WS-I, WS-II or WS-III waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules 15A NCAC 02B .0100 through .0300, which became effective on August 3, 1992.
(2) Additional waters classified as Class C were reclassified to a WS classification and additional waters classified as Class B were reclassified to a Class WS & B classification due to proximity and linkage to water supply waters.
(3) Additional Class WS-I, WS-II, or WS-III waters were reclassified to remove the WS classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(h) The Watauga River Basin Classification Schedule was amended effective February 1, 1993, with the reclassification of Boone Fork Index No. 8-7 and tributary waters from Classes C Tr HQW and C HQW to Classes C Tr ORW and C ORW.
(i) The Watauga River Basin Classification Schedule was amended effective April 1, 1994, with the reclassification of the Elk River from Peavine Branch to the North Carolina/Tennessee state line Index No. 8-22-(3) from Class C Tr to Class B Tr.
(j) The Watauga River Basin Classification Schedule was amended effective August 1, 1998, with the reclassification of East Fork Pond Creek from its source to the backwater of Santis Lake, Index No. 8-20-2-1.5 from Class WS-II Tr to Class WS-III Tr; the reclassification of West Fork Pond Creek (Santis Lake) Index No. 8-20-2-1-(2) from the backwaters of Santis Lake to Pond Creek from WS-II Tr CA to WS-III Tr CA; and the reclassification of the connecting stream of Lake Coffey Index No. 8-20-2-2 from the dam at Lake Coffey to Pond Creek from WS-II Tr CA to C Tr.
(k) The Watauga River Basin Classification Schedule was amended effective November 1, 2007, with the reclassification of the Beech Creek Bog near Beech Creek Index No. 8-20 to Class WL UWL. The North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.
(l) The Watauga River Basin Classification Schedule was amended effective September 1, 2023, with the reclassification of the following waterbodies:
(1) Green Ridge Branch Index No. 8-3 and tributary waters from the source to Watauga River from Class C to Class C ORW;
(2) Harrison Branch Index No. 8-10-1 and tributary waters from the source to Laurel Fork from Class C to Class C ORW;
(3) The portion of Upper Laurel Fork Index No. 8-10-3 and tributary waters from source to SR103 from Class C to Class C ORW;
(4) The portion of Dutch Creek Index No. 8-12-(0.5) and tributary waters from source to Pigeonroost Creek from Class B Tr to Class B Tr ORW;
(5) Craborchard Creek Index No. 8-12-3 and tributary waters from source to Dutch Creek from Class C Tr to Class C Tr HQW;
(6) The portion of South Fork Ellison Branch Index No. 8-15-1-2 and tributary waters from source to U.S. 421 from Class C to Class C ORW;
(7) Laurel Creek Index No. 8-17 and tributary waters from source to Watauga River from Class C Tr to Class C Tr ORW, including Worley Creek Index No. 8-17-1 from source to Laurel Creek from Class C Tr to Class Tr ORW and Spice Branch (Creek) Index No. 8-17-2 from source to Laurel Creek from Class C to Class C ORW;
(8) The portion of Little Beaverdam Creek Index No. 8-19-2 and tributary waters from source to Fork Branch from Class C Tr to Class C Tr HQW, including Jones Branch Index No. 8-19-2-1 from source to Little Beaverdam Creek from Class C to Class C HQW;
(9) West Fork Rube Creek Index No. 8-19-3-2 and tributary waters from source to Rube Creek from Class C to Class C HQW;
(10) The portion of Stone Mountain Branch Index No. 8-2 and tributary waters from source to unnamed tributary located approximately 350 feet southwest of the intersection of SR 1206 and SR 1201 from Class C to Class C HQW; and
(11) Shawnehaw Creek Index No. 8-22-7 and tributary waters from source to Mill Pond, Elk River from Class C Tr to Class C Tr ORW.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 2007; August 1, 1998; April 1, 1994; February 1, 1993; August 3, 1992; April 1, 1992;
Readopted Eff. November 1, 2019;
Amended Eff. September 1, 2023.
15A NCAC 02B .0306 BROAD RIVER BASIN
(a) Classifications assigned to the waters within the Broad River Basin are set forth in the Broad River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Mooresville Regional Office
610 East Center Avenue
Suite 301
Mooresville, North Carolina;
(B) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering South Carolina are classified "C."
(c) The Broad River Basin Classification Schedule was amended effective:
(1) March 1, 1977;
(2) February 12, 1979;
(3) August 12, 1979;
(4) April 1, 1983;
(5) February 1, 1986.
(d) The Broad River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and 0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(e) The Broad River Basin Classification Schedule was amended effective September 1, 1994 with the reclassification of the Second Broad River [Index No. 9-41-(0.5)] from its source to Roberson Creek including associated tributaries was reclassified from Class WS-V to Classes WS-V, WS-IV and WS-IV CA.
(f) The Broad River Basin Classification Schedule was amended effective August 1, 1998 with the revision to the primary classification for portions of the Broad River [Index No. 9-(23.5)] from Class WS-IV to Class C and Second Broad River [Index Nos. 9-41-(10.5) and 9-41-(14.5)] and First Broad River [Index No. 9-50-(11)] from Class WS-IV to Class WS-V.
(g) The Broad River Basin Classification Schedule was amended August 1, 2000 with the reclassification of the Green River [Index No. 9-29-(1)], including all tributaries, from its source to its mouth in Lake Summit at elevation 2011 from Class C Tr to Class B Tr.
(h) The Broad River Basin Classification Schedule was amended effective August 1, 2000 with the reclassification of Lake Montonia [Index No. 9-54-1-(1)], and all tributaries, from Class B to Class B HQW.
(i) The Broad River Basin Classification Schedule was amended effective April 1, 2001 with the reclassification of the Green River [Index No. 9-29-(1)], including all tributaries, from its source to the downstream side of the mouth of Rock Creek from Class B Tr to Class B Tr HQW.
(j) The Broad River Basin Classification Schedule was amended effective March 1, 2007 with the reclassification of the North Fork First Broad River (Index No. 9-50-4), including all tributaries, from its source to the First Broad River from Class C Tr to Class C Tr ORW.
(k) The Broad River Basin Classification Schedule was amended effective March 1, 2007 with the reclassification of a segment of the Broad River [Index No. 9-(25.5)] from a point 0.5 mile upstream of the City of Shelby proposed water supply intake to the City of Shelby proposed water supply intake from Class C to Class WS-IV CA, and from a point 0.5 mile upstream of the City of Shelby proposed water supply intake to a point approximately 0.3 mile downstream of its confluence with Cane Creek from Class C to Class WS-IV. The City of Shelby proposed water supply intake is to be placed on the Broad River at a point approximately one mile upstream of its confluence with the First Broad River.
(l) The Broad River Basin Classification Schedule was amended effective March 1, 2007 with the reclassification of a segment of the Broad River [Index No. 9-(25.5)] from a point 0.5 mile upstream of the Town of Forest City proposed water supply intake to the Town of Forest City proposed water supply intake from Class C to Class WS-IV CA, and from a point 0.5 mile upstream of the Town of Forest City proposed water supply intake to a point approximately 0.2 mile downstream of Rutherford County SR 1145 (Town of Rutherfordton water supply intake) from Class C to Class WS-IV. The Town of Forest City proposed water supply intake is to be placed on the Broad River at a point approximately 0.4 mile downstream of McKinney Creek.
(m) The Broad River Basin was Classification Schedule amended effective September 1, 2014, in order to allow a water supply intake to be placed in Lake Adger by Polk County, as follows:
(1) a portion of the Green River [Index No. 9-29-(33)], including tributaries, from the dam at Lake Adger to a point 0.35 mile downstream of Rash Creek from Class C to Class WS-IV CA. The CA extends 0.5 mile from and draining to the normal pool elevation of Lake Adger.
(2) a portion of the Green River from a point 0.35 mile [Index No. 9-29-(33)], including tributaries, downstream of Rash Creek to a point 300 feet downstream of Laurel Branch from Class C to Class WS-IV. The PA extends 5.0 miles from and draining to the normal pool elevation of Lake Adger.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. September 1, 2014; March 1, 2007; April 1, 2001; August 1, 2000; August 1, 1998; September 1, 1994; August 3, 1992; February 1, 1986; January 1, 1985;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0307 NEW RIVER BASIN
(a) Classifications assigned to the waters within the New River Basin are set forth in the New River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina;
(B) Winston-Salem Regional Office
450 West Hanes Mill Road
Winston-Salem, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering the State of Tennessee are classified "C."
(c) The New River Basin Classification Schedule was amended effective:
(1) August 10, 1980 (see Paragraph (d) of this Rule);
(2) April 1, 1983 (see Paragraph (e) of this Rule);
(3) February 1, 1986 (see Paragraph (f) of this Rule);
(4) August 1, 1989 (see Paragraph (g) of this Rule);
(5) August 1, 1990 (see Paragraph (h) of this Rule);
(6) August 3, 1992 (see Paragraph (i) of this Rule);
(7) February 1, 1993 (see Paragraph (j) of this Rule);
(8) August 1, 1998 (see Paragraph (k) of this Rule);
(9) November 1, 2007 (see Paragraph (l) of this Rule);
(10) December 1, 2010 (see Paragraph (m) of this Rule); and
(11) July 3, 2012 (see Paragraph (n) of this Rule).
(d) The New River Basin Classification Schedule was amended effective August 10, 1980 as follows:
(1) South Fork New River [Index No. 10-1-(1)] from the confluence of the Middle Fork South Fork New River and the East Fork South Fork New River to Winkler Creek was reclassified from Class C to Class A-II;
(2) Middle Fork South Fork New River [Index Nos. 10-1-2-(6) and 10-1-2-(14)] from Brown Branch to the South Fork New River was reclassified from Class C and C Trout to Class A-II and A-II Trout;
(3) East Fork South Fork New River [Index Nos. 10-1-3-(1) and 10-1-3-(7)] was reclassified from Class C and C Trout to Class A-II and A-II Trout; and
(4) Winkler Creek [Index No. 10-1-4-(2) from Boone water supply intake dam to Watauga County SR 1549 and Flannery Fork [Index No. 10-1-4-3-(2)] from the dam at Camp Sky Ranch Bathing Lake to Winkler Creek were reclassified from Class C Trout to Class A-II Trout.
(e) The New River Basin Classification Schedule was amended effective April 1, 1983 as follows: Naked Creek [Index No. 10-1-32] was reclassified from Class C Trout to Class C.
(f) The New River Basin Classification Schedule was amended effective February 1, 1986 with the reclassification of all Class A-I and A-II streams to Class WS-I and WS-III in the New River Basin.
(g) The New River Basin Classification Schedule was amended effective August 1, 1989 as follows: South Fork New River [Index No. 10-1-(30)] from Dog Creek to New River and all tributary waters were reclassified from Class C-trout and Class C to Class B-trout and B.
(h) The New River Basin Classification Schedule was amended effective August 1, 1990 as follows:
(1) New River [Index No. 10] from the confluence of the North and South Forks New River to the last point at which the New River crosses the North Carolina/Virginia State line was reclassified from Class C to Class C HQW;
(2) South Fork New River [Index Nos. 10-1-(14.5), 10-1-(26), 10-1-(30), and 10-1-(33.5)] from Elk Creek to the confluence of the New River and North Fork New River was reclassified from Class C, B and WS-III to Class C HQW, B HQW and WS-III HQW;
(3) Howard Creek [Index Nos. 10-1-9-(1) and 10-1-9-(6)] from source to the South Fork New River was reclassified from Class WS-III Trout and C Trout to Class WS-III Trout HQW and C Trout HQW;
(4) Big Horse Creek [Index No. 10-2-21-(5.5)] from North Carolina/Virginia State line to lower Ashe County SR 1361 bridge was reclassified from Class C Trout to Class C Trout HQW; and
(5) Little River [Index No. 10-9-(11.5)] from N.C. Hwy. 18 bridge to the North Carolina/Virginia State line was reclassified from Class C to Class C HQW.
(i) The New River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(j) The New River Basin Classification Schedule was amended effective February 1, 1993 as follows:
(1) the South Fork New River (Index No. 10-1-33.5) from Dog Creek to the New River was reclassified from Class B HQW to Class B ORW;
(2) the New River (Index No. 10) from the confluence of the North and South Fork New Rivers to the last point at which it crosses the North Carolina/Virginia State line was reclassified from Class C HQW to Class C ORW; and
(3) Old Field Creek (Index No. 10-1-22) from Call Creek to the South Fork New River, and Call Creek (Index No. 10-1-22-1) from its source to Old Field Creek were reclassified from Class WS-IV Trout to Class WS-IV Trout ORW.
(k) The New River Basin Classification Schedule was amended effective August 1, 1998 with the revision to the primary classification for a portion of the South Fork New River [Index No. 10-1 (20.5)] from Class WS-IV to Class WS-V.
(l) The New River Basin Classification Schedule was amended effective November 1, 2007 with the reclassification of Bluff Mountain Fen near Buffalo Creek [Index No. 10-2-20] to Class WL UWL. The North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.
(m) The New River Basin Classification Schedule was amended effective December 1, 2010 with the reclassification of the North Fork New River [Index Nos. 10-2-(1), 10-2-(12)] and its tributaries from C+, C+ Trout and C Trout HQW to C ORW and C Trout ORW with the exception of the following:
(1) Index Nos. 10-2-21-9, 10-2-21-(8), 10-2-(11) and 10-2-20 were reclassified from C+ and C Trout + to C HQW and C Trout HQW; and
(2) Little Buffalo Creek and Claybank Creek (Index Nos. 10-2-20-1 and 10-2-20-1-1) did not qualify for the ORW or HQW designation; however, these waters shall be managed in the same way as the downstream designated HQW areas.
(n) The New River Basin Classification Schedule was amended effective July 3, 2012 as follows:
(1) the portion of the South Fork New River [Index No. 10-1-(14.5)] from the Town of Boone's intake, located nearly 0.5 miles upstream of SR 1100, to 875 feet downstream of SR 1351 from C HQW to WS-IV CA HQW;
(2) the portion of the South Fork New River [Index No. 10-1-(14.5)] from 875 feet downstream of SR 1351 to Elk Creek from C HQW to WS-IV HQW; and
(3) the portion of the South Fork New River [Index No. 10-1-(3.5)] from Elk Creek to 1.75 miles upstream of SR 1351 from C+ to WS-IV +.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. July 3, 2012; December 1, 2010; November 1, 2007; August 1, 1998; February 1, 1993; August 3, 1992; August 1, 1990; August 1, 1989;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0308 CATAWBA RIVER BASIN
(a) Classifications assigned to the waters within the Catawba River Basin are set forth in the Catawba River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina;
(B) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering South Carolina are classified "C."
(c) The Catawba River Basin Classification Schedule was amended effective:
(1) March 1, 1977 (see Paragraph (d) of this Rule);
(2) August 12, 1979 (see Paragraph (e) of this Rule);
(3) April 1, 1982 (see Paragraph (f) of this Rule; Rule);
(4) January 1, 1985 (see Paragraph (g) of this Rule);
(5) August 1, 1985 (see Paragraph (h) of this Rule);
(6) February 1, 1986 (see Paragraph (i) of this Rule);
(7) March 1, 1989 (see Paragraph (j) of this Rule);
(8) May 1, 1989 (see Paragraph (k) of this Rule);
(9) March 1, 1990 (see Paragraph (l) of this Rule);
(10) August 1, 1990 (see Paragraph (m) of this Rule);
(11) August 3, 1992 (see Paragraph (n) of this Rule);
(12) April 1, 1994 (see Paragraph (o) of this Rule);
(13) July 1, 1995 (see Paragraph (p) of this Rule);
(14) September 1, 1996 (see Paragraph (q) of this Rule);
(15) August 1, 1998 (see Paragraph (r) of this Rule);
(16) April 1, 1999 (see Paragraph (s) of this Rule);
(17) August 1, 2000 (see Paragraph (t) of this Rule);
(18) August 1, 2004 (see Paragraph (u) of this Rule);
(19) May 1, 2007 (see Paragraph (v) of this Rule);
(20) September 1, 2010 (see Paragraph (w) of this Rule);
(21) March 1, 2013 (see Paragraph (x) of this Rule); and
(22) July 1, 2017 (see Paragraph (y) of this Rule).
(d) The Catawba River Basin Classification Schedule was amended effective March 1, 1977 as follows:
(1) Torrence Branch (Index No. 11-136) from source to North Carolina-South Carolina State Line was reclassified from Class D to Class B; and
(2) Edwards Branch (Index No. 11-137-8-2-1) from source to Brier Creek was reclassified from Class D to Class C.
(e) The Catawba River Basin Classification Schedule was amended effective August 12, 1979 as follows: Unnamed Tributary to Lower Little River (Robinette Creek)(Index No. 11-69-1.5) from source to Lower Little River was reclassified from Class C to Class B.
(f) The Catawba River Basin Classification Schedule was amended effective April 1, 1982 as follows:
(1) Spainhour Creek (Index No. 11-39-3) from source to Lower Creek was reclassified from Class C (1) to Class C; and
(2) Allen Creek (Index No. 11-129-5-7-2-4) from source to Maiden Creek was reclassified from Class C to Class A-II.
(g) The Catawba River Basin Classification Schedule was amended effective January 1, 1985 as follows: Catawba Creek from source to N.C. Highway 275 was reclassified from Class C(1) to Class C.
(h) The Catawba River Basin Classification Schedule was amended effective August 1, 1985 as follows:
(1) Brier Creek (Index No. 11-137-8-2) from source to Little Sugar Creek was reclassified from Class C (1) to Class C;
(2) Little Hope Creek (Index No. 11-137-8-3) from source to Little Sugar Creek was reclassified from Class C (1) to Class C; and
(3) McMullen Creek (Index No. 11-137-9-5) from source to N.C. Highway 16 was reclassified from Class C (1) to Class C.
(i) The Catawba River Basin Classification Schedule was amended effective February 1, 1986 with the reclassification of all A-I and A-II streams to WS-I and WS-III in the Catawba River Basin.
(j) The Catawba River Basin Classification Schedule was amended effective March 1, 1989 as follows:
Wilson Creek (Index No. 11-38-34) and all tributary waters were reclassified from Class B-trout and Class C-trout to Class B-trout ORW and Class C-trout ORW.
(k) The Catawba River Basin Classification Schedule was amended effective May 1, 1989 as follows:
(1) Henry Fork [Index Nos. 11-129-1-(1) and 11-129-1-(2)] from source to Laurel Creek, including all tributaries, were reclassified from Class WS-I, C and C trout to Class WS-I ORW, C ORW and C trout ORW, except Ivy Creek and Rock Creek which will remain Class C trout and Class C; and
(2) Jacob Fork [Index Nos. 11-129-2-(1) and 11-129-2-(4)] from source to Camp Creek, including all tributaries, were reclassified from Class WS-III trout and WS-III to WS-III trout ORW and WS-III ORW.
(l) The Catawba River Basin Classification Schedule was amended effective March 1, 1990 as follows:
(1) Upper Creek [Index No. 11-35-2-(1)] from source to Timbered Branch including all tributaries except Timbered Branch (Index No. 11-35-2-9) was reclassified from Class C Trout to Class C Trout ORW; and
(2) Steels Creek [Index No. 11-35-2-12(1)] from source to Little Fork and all tributaries was reclassified from Class C Trout to Class C Trout ORW.
(m) The Catawba River Basin Classification Schedule was amended effective August 1, 1990 as follows:
(1) The classification for the portion of Mackey Creek [Index No. 11-15-(2)] from Marion Water Supply Intake to Laurel Fork was reclassified from Class C to Class C HQW;
(2) Laurel Fork Creek [Index No. 11-15-3] from source to Mackey Creek was reclassified from Class C Tr to Class C Tr HQW;
(3) Armstrong Creek [Index No. 11-24-14-(1)] from source to Bee Rock Creek was reclassified from Class WS-III Tr to Class WS-III Tr HQW;
(4) Two segments of Linville River [Index Nos. 11-29-(16) and 11-29-(19)] were reclassified from Class B Tr and Class B to Class B Tr HQW and Class B HQW, respectively;
(5) Upper Creek [Index No. 11-35-2-(8.5)] and its named tributaries were reclassified from Class C Tr to Class C Tr HQW;
(6) Upper Creek (Clear Water Beach Lake) [Index No. 11-35-2-(10)] from Holly Spring Branch to Dam Clear Water Beach Lake was reclassified from Class B Tr to Class B Tr HQW;
(7) Holly Spring Branch [Index No. 11-35-2-11] from source to Upper Creek was reclassified from Class C Tr to Class Tr HQW;
(8) Steels Creek [Index No. 11-35-2-12-(5)] from Little Fork to a point 1.7 miles upstream from N.C. Highway 181 Bridge was reclassified from Class B Tr to Class B Tr HQW and Steels Creek [Index No. 11-35-2-12-(7)] from a point 1.7 miles upstream from N.C. Highway 181 bridge to Clear Water Beach Lake, Upper Creek was reclassified from Class B to Class B HQW;
(9) Upper Creek [Index No. 11-35-2-(13)] from Dam at Clear Water Beach Lake to Warrior Fork was reclassified from Class WS-III Tr to Class WS-III Tr HQW;
(10) The portion of Johns River [Index No. 11-38-(28)] from Wilson Creek to Rhodhiss Lake, Catawba River was reclassified from Class C to Class C HQW;
(11) Mulberry Creek [Index No. 11-38-32-(1)] from source to Boone Fork and its tributaries Left Fork Mulberry Creek [Index No. 11-38-32-2], Right Fork Mulberry Creek [Index No. 11-38-32-3], Roaring Creek [Index No. 11-38-32-8] and Clark Branch [Index No. 11-38-32-10] were reclassified from Class C Tr to Class C Tr HQW;
(12) Amos Creek [Index No. 11-38-32-4] and Mills Creek [Index No. 11-38-32-5] and their named tributaries were reclassified from Class C to Class C HQW;
(13) Cane Branch [Index No. 11-38-32-6], Rush Branch [11-38-32-7] and Frankum Creek [11-38-32-9] and its named tributaries were reclassified from Class C to Class C HQW;
(14) Mulberry Creek [Index No. 11-38-32-(11)] from Boone Branch to Dam at Mulberry Beach was reclassified from Class B to Class B HQW;
(15) Boone Branch (Fork) [Index No. 11-38-32-12] and its named tributaries from source to Mulberry Creek were reclassified from Class B to Class B HQW;
(16) Brown Branch [Index No. 11-38-32-13] and Moore Branch [Index No. 11-38-32-14] were reclassified from Class B to Class B HQW; and
(17) Anderson Creek [Index No. 11-38-32-16] was reclassified from Class C to Class C HQW.
(n) The Catawba River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(o) The Catawba River Basin Classification Schedule was amended effective April 1, 1994 as follows:
(1) Friday Lake (Index No. 11-125.5) from its source to Little Paw Creek was reclassified from Class C to Class B; and
(2) The Linville River [Index No. 12-29-(1)] from Grandmother Creek to Linville Falls was reclassified from Class C Tr to Class B Tr.
(p) The Catawba River Basin Classification Schedule was amended effective July 1, 1995 with the reclassification of Clark Creek from a point 0.6 mile downstream of Catawba County SR 2014 to 0.4 mile upstream of Larkard Creek [Index No. 11-129-5-(4.5)], and Howards Creek from its source to 0.7 mile upstream of Lincoln County State Road 1200 [Index No. 11-129-4], including associated tributaries from Class WS-IV to Classes C and WS-IV.
(q) The Catawba River Basin Classification Schedule was amended effective September 1, 1996 as follows:
(1) North Fork Catawba River [Index No. 11-24-(1)] from Laurel Branch to Armstrong Creek from Class C Tr to Class B Tr; and
(2) Catawba River (Lake Hickory) from Rhodhiss dam to highway 321 [Index No. 11-(51)] from Class WS-IV CA to Class WS-IV B CA.
(r) The Catawba River Basin Classification Schedule was amended effective August 1, 1998 as follows:
(1) The primary classification for portions of South Fork Catawba River [Index No. 11-129-(0.5)] and Hoyle Creek [Index No. 11-129-15-(1)] was reclassified from Class WS-IV to Class WS-V;
(2) Mill Creek [Index No. 11-7] from its source to Swannanoa Creek, including all tributaries, from Class C Tr to Class Tr HQW;
(3) Toms Creek [Index Nos. 11-21-(1) and 11-21-(2)] from its source to Harris Creek, including all tributaries were reclassified from Class C Tr to Class Tr HQW; and
(4) Harris Creek to McDowell County SR 1434, including all tributaries were reclassified from Class C to Class HQW.
(s) The Catawba River Basin Classification Schedule was amended effective April 1, 1999 as follows:
(1) Portion of the Catawba River [Index Nos. 11-(27.5) and 11-(31)] from Class WS-IV B and WS-IV to Class WS-V B and WS-V;
(2) Armstrong Creek [Index Nos. 11-24-14-(1), 11-24-14-(13.5) and 11-24-14-(14)], and all tributaries from Classes WS-II Tr, WS-II, WS-II CA and C Tr to Classes C Tr HQW and C HQW;
(3) Lookout Shoals Lake from Oxford Dam to Island Creek [Index No. 11-(67)] from Class WS-V to Class WS-IV CA, from Island Creek to Elk Shoal Creek [Index No. 11-(70.5)] from Class WS-IV to Class WS-IV CA and from Elk Shoal Creek to a point one half mile upstream of Lookout Shoals Dam [Index No. 11-(72)] from Class WS-IV B to Class WS-IV B CA;
(4) The classifications of tributary streams that are within five miles and draining to the normal pool elevation of Lookout Shoals Lake (Protected Area) have been revised to Class WS-IV; and
(5) The classifications of tributary streams that are within one half mile and draining to the normal pool elevation of Lookout Shoals Lake (Critical Area) have been revised to Class WS-IV CA.
(t) The Catawba River Basin Classification Schedule was amended August 1, 2000 with the reclassification of Little Grassy Creek (Index No. 11-29-2), including all tributaries, from its source to the Linville River from Class C Tr to Class C Tr ORW.
(u) The Catawba River Basin Classification Schedule was amended August 1, 2004 with the reclassification of a segment of three surface waters, more specifically Henry Fork [11-129-1-(1)], Jerry Branch [11-129-1-3-(1)], and He Creek [11-129-1-4-(1)], from source to a formerly used City of Morganton Water Intake from Class WS-I ORW to Class WS-V ORW.
(v) The Catawba River Basin Classification Schedule was amended May 1, 2007 with the reclassification of the Catawba River [Index No. 11-(31.5)] from a point 0.6 mile upstream of Muddy Creek to a point 1.2 miles upstream of Canoe Creek from WS-IV to WS-IV Tr and Catawba River [Index No. 11-(32.3)] from a point 1.2 miles upstream of Canoe Creek to a point 0.7 mile upstream of Canoe Creek (Morganton water supply intake) from WS-IV CA to WS-IV Tr CA. Named and unnamed tributaries to this portion of the Catawba River are not classified as Trout. Between the last day of May and the first day of November the water quality standard for dissolved oxygen shall not be less than a daily average of 5.0 mg/l with a minimum instantaneous value of not less than 4.0 mg/l.
(w) The Catawba River Basin Classification Schedule was amended September 1, 2010 with the reclassification of the portion of the Catawba River [Index No. 11-(1)], from its source to the Left Prong Catawba River confluence, and its named tributaries, Chestnut Branch (Fork) [Index No. 11-2], Clover Patch Branch [Index No. 11-3], Youngs Fork Creek [Index No. 11-4], Spring Branch [Index No. 11-5], and Left Prong Catawba River [Index No. 11-6] from Class C Tr to Class C Tr HQW.
(x) The Catawba River Basin Classification Schedule was amended March 1, 2013 as follows:
(1) the portion of Maiden Creek [Index No. 11-129-5-7-2-(1)] from source to a point 0.7 mile upstream from backwaters of Maiden Reservoir, and its named tributary, Bee Branch [Index No. 11-129-5-7-2-2], from Class WS-II HQW to WS-V;
(2) the portion of Maiden Creek [Index No. 11-129-5-7-2-(2.5)] from a point 0.7 mile upstream from backwaters of Maiden Reservoir to dam at Maiden Reservoir from Class WS-II HQW CA to WS-V;
(3) the portion of Allen Creek [Index No. 11-129-5-7-2-4-(1)] from source to a point 0.7 mile upstream of Maiden water supply intake from Class WS-II HQW to WS-V; and
(4) the portion of Allen Creek [Index No. 11-129-5-7-2-4-(2)] from a point 0.7 mile upstream of Maiden water supply intake to Maiden water supply intake from Class WS-II HQW CA to WS-V.
(y) The Catawba River Basin Classification Schedule was amended July 1, 2017 as follows:
(1) a portion of the Catawba River [Index No. 11-(23)], including tributaries, from Bridgewater Dam to North Fork Catawba River from Class WS-V & B to Class WS-IV CA & B, and a portion of the Catawba River [part of Index No. 11-(8)], including tributaries, from North Fork Catawba River to a point 0.7 mile downstream of SR 1501 from Class C to Class WS-IV CA. The CA extends 0.5 mile from and draining to the normal pool elevation of Lake James.
(2) a portion of the Catawba River [part of Index No. 11-(8)], including tributaries, from a point 0.7 mile downstream of SR 1501 to a point 0.2 mile upstream of SR 1221 from Class C to Class WS-IV. The PA extends 5.0 miles from and draining to the normal pool elevation of Lake James.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. July 1, 2017; March 1, 2013; December 1, 2010; September 1, 2010; May 1, 2007; August 1, 2004; August 1, 2000; April 1, 1999; August 1, 1998; September 1, 1996; July 1, 1995; April 1, 1994; August 3, 1992; August 1, 1990;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0309 YADKIN-PEE DEE RIVER BASIN
(a) Classifications assigned to the waters within the Yadkin-Pee Dee River Basin are set forth in the Yadkin River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, North Carolina;
(B) Winston-Salem Regional Office
450 West Hanes Mill Road
Winston-Salem, North Carolina;
(C) Fayetteville Regional Office
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina;
(D) Asheville Regional Office
2090 US Highway 70
Swannanoa, North Carolina; and
(E) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering Virginia are classified "C," and such streams entering South Carolina are classified "C".
(c) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective:
(1) February 12, 1979;
(2) March 1, 1983;
(3) August 1, 1985;
(4) February 1, 1986;
(5) October 1, 1988;
(6) March 1, 1989;
(7) January 1, 1990;
(8) August 1, 1990;
(9) January 1, 1992;
(10) April 1, 1992;
(11) August 3, 1992;
(12) December 1, 1992;
(13) April 1, 1993;
(14) September 1, 1994;
(15) August 1, 1995;
(16) August 1, 1998;
(17) April 1, 1999;
(18) July 1, 2006;
(19) September 1, 2006;
(20) November 1, 2007.
(d) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective October 1, 1988 as follows:
(1) Mitchell River [Index No. 12-62-(1)] from source to mouth of Christian Creek (North Fork Mitchell River) including all tributaries has been reclassified from Class B Tr to Class B Tr ORW.
(2) Mitchell River [Index No. 12-62-(7)] from mouth of Christian Creek (North Fork Mitchell River) to Surry County SR 1315 including all tributaries has been classified from Class C Tr to C Tr ORW, except Christian Creek and Robertson Creek which will be reclassified from Class B Tr to Class B Tr ORW.
(3) Mitchell River [Index No. 12-62-(12)] from Surry County SR 1315 to mouth of South Fork Mitchell River including all tributaries from Class C to Class C ORW.
(e) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective March 1, 1989 as follows: Elk Creek [Index Nos. 12-24-(1) and 12-24-(10)] and all tributary waters were reclassified from Class B-trout, Class C-trout and Class B to Class B-trout ORW, Class C-trout ORW and Class B ORW.
(f) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective January 1, 1990 as follows: Barnes Creek (Index No. 13-2-18) was reclassified from Class C to Class C ORW.
(g) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective January 1, 1992 as follows:
(1) Little River [Index Nos. 13-25-(10) and 13-25-(19)] from Suggs Creek to Densons Creek has been reclassified from Classes WS-III and C to Classes WS-III HQW and C HQW.
(2) Densons Creek [Index No. 13-25-20-(1)] from its source to Troy's Water Supply Intake including all tributaries has been reclassified from Class WS-III to Class WS-III HQW.
(3) Bridgers Creek (Index No. 13-25-24) from its source to the Little River has been reclassified from Class C to Class C HQW.
(h) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective April 1, 1992 with the reclassification of the North Prong South Fork Mitchell River from Class C to Class C Trout.
(i) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(j) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective December 1, 1992 as follows:
(1) Pike Creek (Index No. 12-46-1-2) was reclassified from Class C Tr to Class C Tr HQW;
(2) Basin Creek (Index No. 12-46-2-2) was reclassified from Class C Tr to Class C Tr ORW;
(3) Bullhead Creek (Index No. 12-46-4-2) was reclassified from Class C Tr to Class C Tr ORW;
(4) Rich Mountain Creek (Index No. 12-46-4-2-2) was reclassified from Class Tr to Class C Tr ORW; and
(5) Widows Creek (Index No. 12-46-4-4) was reclassified from Class C Tr HQW to Class C Tr ORW.
(k) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective September 1, 1994 as follows:
(1) Lanes Creek [Index Nos. 13-17-40-(1) and 13-17-40-(10.5)] from its source to the Marshville water supply dam including tributaries was reclassified from Classes WS-II and WS-II CA to Class WS-V.
(2) The South Yadkin River [Index Nos. 12-108-(9.7) and 12-108-(15.5)] from Iredell County SR 1892 to a point 0.7 mile upstream of the mouth of Hunting Creek including associated tributaries was reclassified from Classes WS-V, C and WS-IV to Classes WS-V, WS-IV, C and WS-IV CA.
(3) The Yadkin River [Index Nos. 12-(53) and 12-(71)] from a point 0.3 mile upstream of the mouth of Elkin Creek (River) to the Town of King water supply intake including associated tributaries was reclassified from Classes C and WS-IV to Classes WS-IV and WS-IV CA.
(4) The Yadkin River [Index Nos. 12-(80.5), 12-(81.5) and 12-(84.5)] from the Town of King water supply intake to the Davie County water supply intake reclassified from Classes C, B, WS-IV and WS-V to Classes WS-IV, WS-IV B and WS-IV CA.
(l) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 1, 1995 as follows: Bear Creek [Index Nos. 12-108-18-(3), 12-108-18-(3.3)], Little Bear Creek (Index No. 12-108-18-2), and Blue Branch (Index No. 12-108-18-2-1) were reclassified from WS-II and WS-II CA (Critical Area) to C and WS-IV.
(m) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective August 1, 1998 with the revision to the primary classification for portions of the Yadkin River [Index No. 12-(45)] from Class WS-IV to WS-V, Yadkin River [Index No. 12-(67.5)] from Class WS-IV to Class C, Yadkin River [Index Nos. 12-(93.5) and 12-(98.5)] from Class WS-IV to Class WS-V, South Yadkin River [Index No. 12-108-(12.5)] from Class WS-IV to Class WS-V, and South Yadkin River [Index Nos. 12-108-(19.5) and 12-108-(22)] from Class WS-IV to Class C.
(n) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective April 1, 1999 with the reclassification of a portion of the Yadkin River [Index No. 12-(80.5)] from WS-IV CA to WS-IV. A portion of the Yadkin River 0.5 mile upstream of Bashavia Creek was reclassified from WS-IV to WS-IV CA. Bashavia Creek [Index Nos. 12-81-(0.5) and 12-81-(2)] was reclassified from WS-IV and WS-IV CA to Class C. Tributaries to Bashavia Creek were also reclassified to Class C. Portions of the Yadkin River [Index Nos. 12-(25.5) and 12-(27)] were reclassified from WS-IV to Class C and from WS-IV & B to Class B. Tributaries were reclassed from Class WS-IV to Class C. Supplemental classifications were not changed.
(o) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective July 1, 2006 with the reclassification of a portion of the Uwharrie River. More specifically, Index No. 13-2-(25), Index No. 13-2-(17.5), and a portion of Index No. 13-2-(1.5) was reclassified from Class WS-IV CA, WS-IV, and C, to Class WS-IV B CA, WS-IV B, and B, respectively.
(p) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective September 1, 2006 with the reclassification of a segment of the Yadkin River [portion of Index No. 12-(53)] from a point 0.3 mile upstream of the Town of Elkin proposed water supply intake to the Town of Elkin proposed water supply intake from C to WS-IV CA. The Town of Elkin proposed water supply intake is to be placed on the Yadkin River at a point directly above the mouth of Elkin Creek.
(q) The Yadkin-Pee Dee River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications as listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs.
(1) Black Ankle Bog near Suggs Creek [Index No. 13-25-12] was reclassified to Class WL UWL.
(2) Pilot Mountain Floodplain Pool near Horne Creek [Index No. 12-75] was reclassified to Class WL UWL.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 2007; September 1, 2006; July 1, 2006; April 1, 1999; August 1, 1998; August 1, 1995; September 1, 1994; April 1, 1993; December 1, 1992;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0310 LUMBER RIVER BASIN
(a) Classifications assigned to the waters within the Lumber River Basin are set forth in the Lumber River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Fayetteville Regional Office
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina;
(B) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering South Carolina are classified "C Sw".
(c) The Lumber River Basin Classification Schedule was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) April 12, 1981;
(5) April 1, 1982;
(6) February 1, 1986;
(7) July 1, 1990;
(8) August 1, 1990;
(9) August 3, 1992;
(10) September 1, 1996;
(11) August 1, 2000;
(12) November 1, 2007.
(d) The Lumber River Basin Classification Schedule was amended effective July 1, 1990 by the reclassification of Naked Creek (Index No. 14-2-6) from source to Drowning Creek including all tributaries from Class WS-III to Class WS-III ORW.
(e) The Lumber River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(f) The Lumber River Basin Classification Schedule was amended effective September 1, 1996 by the reclassification of the Lumber River from 2.0 miles upstream of highway 401 to a point 0.5 mile upstream of Powell Branch [Index Nos. 14-(3), 14-(4), 14-(4.5), 14-(7) and 14-(10.3)] from Classes WS-IV Sw HQW, WS-IV Sw HQW CA and C Sw HQW to Classes WS-IV B Sw HQW, WS-IV B Sw HQW CA and B Sw HQW.
(g) The Lumber River Basin Classification Schedule was amended effective August 1, 2000 with the reclassification of Lake Waccamaw [Index No. 15-2] from Class B Sw to Class B Sw ORW.
(h) The Lumber River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs:
(1) Waccamaw Natural Lake Shoreline near Lake Waccamaw [Index No. 15-2] was reclassified to Class WL UWL.
(2) Green Swamp Small Depression Pond near Royal Oak Swamp [Index No. 15-25-1-12] was reclassified to Class WL UWL.
(3) Old Dock Savanna near Gum Swamp Run [Index No. 15-6] was reclassified to Class WL UWL.
(4) Myrtle Head Savanna near Mill Branch [Index No. 15-7-7] was reclassified to Class WL UWL.
(5) Goosepond Bay near Big Marsh Swamp [Index No. 14-22-2] was reclassified to Class WL UWL.
(6) Antioch Bay near Raft Swamp [Index No. 14-10-(1)] was reclassified to Class WL UWL.
(7) Pretty Pond Bay near Big Marsh Swamp [Index No. 14-22-2] was reclassified to Class WL UWL.
(8) Dunahoe Bay near Big Marsh Swamp [Index No. 14-22-2] was reclassified to Class WL UWL.
(9) Hamby's Bay near Raft Swamp [Index No. 14-10-(1)] was reclassified to Class WL UWL.
(10) Oak Savanna Bay near Smith Branch [Index No. 14-10-3] was reclassified to Class WL UWL.
(11) Big Island Savanna near Driving Creek [Index No. 15-7-1] was reclassified to Class WL UWL.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 2007; August 1, 2000; September 1, 1996; August 3, 1992; August 1, 1990; July 1, 1990; February 1, 1986;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0311 CAPE FEAR RIVER BASIN
(a) Classifications assigned to the waters within the Cape Fear River Basin are set forth in the Cape Fear River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Winston-Salem Regional Office
450 West Hanes Mill Road
Winston-Salem, North Carolina;
(B) Fayetteville Regional Office
225 Green Street
Systel Building Suite 714
Fayetteville, North Carolina;
(C) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina;
(D) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina;
(E) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina; and
(F) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The Cape Fear River Basin Classification Schedule was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) December 14, 1980;
(4) August 9, 1981;
(5) April 1, 1982;
(6) December 1, 1983;
(7) January 1, 1985;
(8) August 1, 1985;
(9) December 1, 1985;
(10) February 1, 1986;
(11) July 1, 1987;
(12) October 1, 1987;
(13) March 1, 1988;
(14) August 1, 1990.
(c) The Cape Fear River Basin Classification Schedule was amended effective June 1, 1988 as follows:
(1) Cane Creek [Index No. 16-21-(1)] from source to a point 0.5 mile north of N.C. Hwy. 54 (Cane Reservoir Dam) including the Cane Creek Reservoir and all tributaries has been reclassified from Class WS-III to WS-I.
(2) Morgan Creek [Index No. 16-41-1-(1)] to the University Lake dam including University Lake and all tributaries has been reclassified from Class WS-III to WS-I.
(d) The Cape Fear River Basin Classification Schedule was amended effective July 1, 1988 by the reclassification of Crane Creek (Crains Creek) [Index No. 18-23-16-(1)] from source to mouth of Beaver Creek including all tributaries from C to WS-III.
(e) The Cape Fear River Basin Classification Schedule was amended effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 18-87) from southern edge of White Oak River Basin to western end of Permuda Island (a line from Morris Landing to Atlantic Ocean), from the eastern mouth of Old Topsail Creek to the southwestern shore of Howe Creek and from the southwest mouth of Shinn Creek to channel marker No. 153 including all tributaries except the King Creek Restricted Area, Hardison Creek, Old Topsail Creek, Mill Creek, Futch Creek and Pages Creek were reclassified from Class SA to Class SA ORW.
(2) Topsail Sound and Middle Sound ORW Area which includes all waters between the Barrier Islands and the Intracoastal Waterway located between a line running from the western most shore of Mason Inlet to the southwestern shore of Howe Creek and a line running from the western shore of New Topsail Inlet to the eastern mouth of Old Topsail Creek was reclassified from Class SA to Class SA ORW.
(3) Masonboro Sound ORW Area which includes all waters between the Barrier Islands and the mainland from a line running from the southwest mouth of Shinn Creek at the Intracoastal Waterway to the southern shore of Masonboro Inlet and a line running from the Intracoastal Waterway Channel marker No. 153 to the southside of the Carolina Beach Inlet was reclassified from Class SA to Class SA ORW.
(f) The Cape Fear River Basin Classification Schedule was amended effective January 1, 1990 as follows: Big Alamance Creek [Index No. 16-19-(1)] from source to Lake Mackintosh Dam including all tributaries has been reclassified from Class WS-III NSW to Class WS-II NSW.
(g) The Cape Fear River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(h) The Cape Fear River Basin Classification Schedule was amended effective June 1, 1994 as follows:
(1) The Black River from its source to the Cape Fear River [Index Nos. 18-68-(0.5), 18-68-(3.5) and 18-65-(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C Sw ORW.
(2) The South River from Big Swamp to the Black River [Index Nos. 18-68-12-(0.5) and 18-68-12(11.5)] was reclassified from Classes C Sw and C Sw HQW to Class C Sw ORW.
(3) Six Runs Creek from Quewhiffle Swamp to the Black River [Index No. 18-68-2] was reclassified from Class C Sw to Class C Sw ORW.
(i) The Cape Fear River Basin Classification Schedule was amended effective September 1, 1994 with the reclassification of the Deep River [Index No. 17-(36.5)] from the Town of Gulf-Goldston water supply intake to US highway 421 including associated tributaries from Class C to Classes C, WS-IV and WS-IV CA.
(j) The Cape Fear River Basin Classification Schedule was amended effective August 1, 1998 with the revision to the primary classification for portions of the Deep River [Index No. 17-(28.5)] from Class WS-IV to Class WS-V, Deep River [Index No. 17-(41.5)] from Class WS-IV to Class C, and the Cape Fear River [Index 18-(10.5)] from Class WS-IV to Class WS-V.
(k) The Cape Fear River Basin Classification Schedule was amended effective April 1, 1999 with the reclassification of Buckhorn Creek (Harris Lake)[Index No. 18-7-(3)] from the backwaters of Harris Lake to the Dam at Harris Lake from Class C to Class WS-V.
(l) The Cape Fear River Basin Classification Schedule was amended effective April 1, 1999 with the reclassification of the Deep River [Index No. 17-(4)] from the dam at Oakdale-Cotton Mills, Inc. to the dam at Randleman Reservoir (located 1.6 mile upstream of U.S. Hwy 220 Business), and including tributaries from Class C and Class B to Class WS-IV and Class WS-IV & B. Streams within the Randleman Reservoir Critical Area have been reclassified to WS-IV CA. The Critical Area for a WS-IV reservoir is defined as 0.5 mile and draining to the normal pool elevation of the reservoir. All waters within the Randleman Reservoir Water Supply Watershed are within a designated Critical Water Supply Watershed and are subject to a special management strategy specified in Rule .0248 of this Subchapter.
(m) The Cape Fear River Basin Classification Schedule was amended effective August 1, 2002 as follows:
(1) Mill Creek [Index Nos. 18-23-11-(1), 18-23-11-(2), 18-23-11-3, 18-23-11-(5)] from its source to the Little River, including all tributaries was reclassified from Class WS-III NSW and Class WS-III B NSW to Class WS-III NSW HQW@ and Class WS-III B NSW HQW@.
(2) McDeed's Creek [Index Nos. 18-23-11-4, 18-23-11-4-1] from its source to Mill Creek, including all tributaries was reclassified from Class WS III NSW and Class WS-III B NSW to Class WS-III NSW HQW@ and Class WS-III B NSW HQW@.
The "@" symbol as used in this Paragraph means that if the governing municipality has deemed that a development is covered under a "5/70 provision" as described in Rule .0624 of this Subchapter, then that development is not subject to the stormwater requirements as described in 15A NCAC 02H .1021.
(n) The Cape Fear River Basin Classification Schedule was amended effective November 1, 2004 as follows:
(1) the portion of Rocky River [Index Number 17-43-(1)] from a point 0.3 mile upstream of Town of Siler City upper reservoir dam to a point 0.3 mile downstream of Lacy Creek from WS-III to WS-III CA.
(2) the portion of Rocky River [Index Number 17-43-(8)] from dam at lower water supply reservoir for Town of Siler City to a point 65 feet below dam (site of proposed dam) from C to WS-III CA.
(3) the portion of Mud Lick Creek (Index No. 17-43-6) from a point 0.4 mile upstream of Chatham County SR 1355 to Town of Siler City lower water supply reservoir from WS-III to WS-III CA.
(4) the portion of Lacy Creek (17-43-7) from a point 0.6 mile downstream of Chatham County SR 1362 to Town of Siler City lower water supply reservoir from WS-III to WS-III CA.
(o) The Cape Fear River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs.
(1) Military Ocean Terminal Sunny Point Pools, all on the eastern shore of the Cape Fear River [Index No. 18-(71)] were reclassified to Class WL UWL.
(2) Salters Lake Bay near Salters Lake [Index No. 18-44-4] was reclassified to Class WL UWL.
(3) Jones Lake Bay near Jones Lake [Index No. 18-46-7-1] was reclassified to Class WL UWL.
(4) Weymouth Woods Sandhill Seep near Mill Creek [18-23-11-(1)] was reclassified to Class WL UWL.
(5) Fly Trap Savanna near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL.
(6) Lily Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL.
(7) Grassy Pond near Cape Fear River [Index No. 18-(71)] was reclassified to Class WL UWL.
(8) The Neck Savanna near Sandy Run Swamp [Index No. 18-74-33-2] was reclassified to Class WL UWL.
(9) Bower's Bog near Mill Creek [Index No. 18-23-11-(1)] was reclassified to Class WL UWL.
(10) Bushy Lake near Turnbull Creek [Index No. 18-46] was reclassified to Class WL UWL.
(p) The Cape Fear River Basin Classification Schedule was amended effective January 1, 2009 as follows:
(1) the portion of Cape Fear River [Index No. 18-(26)] (including tributaries) from Smithfield Packing Company's intake, located approximately 2 miles upstream of County Road 1316, to a point 0.5 miles upstream of Smithfield Packing Company's intake from Class C to Class WS-IV CA.
(2) the portion of Cape Fear River [Index No.18-(26)] (including tributaries) from a point 0.5 miles upstream of Smithfield Packing Company's intake to a point 1 mile upstream of Grays Creek from Class C to Class WS-IV.
(q) The Cape Fear River Basin Classification Schedule was amended effective August 11, 2009 with the reclassification of all Class C NSW waters and all Class B NSW waters upstream of the dam at B. Everett Jordan Reservoir from Class C NSW and Class B NSW to Class WS-V NSW and Class WS-V & B NSW, respectively. All waters within the B. Everett Jordan Reservoir Watershed are within a designated Critical Water Supply Watershed and are subject to a special management strategy specified in Rules .0262 through .0273 of this Subchapter.
(r) The Cape Fear River Basin Classification Schedule was amended effective September 1, 2009 with the reclassification of a portion of the Haw River [Index No. 16-(28.5)] from the Town of Pittsboro water supply intake, which is located approximately 0.15 mile west of U.S. 15/501, to a point 0.5 mile upstream of the Town of Pittsboro water supply intake from Class WS-IV to Class WS-IV CA.
(s) The Cape Fear River Basin Classification Schedule was amended effective March 1, 2012 with the reclassification of the portion of the Haw River [Index No. 16-(1)] from the City of Greensboro's intake, located approximately 650 feet upstream of Guilford County 2712, to a point 0.5 miles upstream of the intake from Class WS-V NSW to Class WS-IV CA NSW, and the portion of the Haw River [Index No. 16-(1)] from a point 0.5 miles upstream of the intake to a point 0.6 miles downstream of U.S. Route 29 from Class WS-V NSW to Class WS-IV NSW.
(t) The Cape Fear River Basin Classification Schedule was amended effective November 1, 2019 with the reclassification of a portion of Sandy Creek [Index No. 17-16-(1)] (including tributaries) from a point 0.4 mile upstream of SR-2481 to a point 0.6 mile upstream of N.C. Hwy 22 from WS-III to WS-III CA. The reclassification resulted in an updated representation of the water supply watershed for the Sandy Creek reservoir.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. June 30, 2017; March 1, 2012; September 1, 2009; August 11, 2009; January 1, 2009; November 1, 2007; November 1, 2004; August 1, 2002; April 1, 1999; August 1, 1998; September 1, 1994; June 1, 1994; August 3, 1992; August 1, 1990;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2022; July 1, 2021.
15A ncac 02B .0312 WHITE OAK RIVER BASIN
(a) Classifications assigned to the waters within the White Oak River Basin are set forth in the White Oak River Basin Classification Schedule, which may be inspected in the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina;
(B) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) The White Oak River Basin Classification Schedule was amended effective:
(1) December 13, 1979 see Paragraph (c);
(2) June 1, 1988 see Paragraph (d);
(3) January 1, 1990 see Paragraph (e);
(4) August 1, 1990 see Paragraph (f);
(5) August 1, 1991 see Paragraph (g);
(6) June 1, 1992 see Paragraph (h);
(7) December 1, 1992 see Paragraph (i);
(8) November 1, 2007 see Paragraph (j);
(9) July 1, 2011 see Paragraph (k).
(c) The White Oak River Basin Classification Schedule was amended effective December 13, 1979 with the reclassification of a portion of the White Oak River Restricted Area (Index No. 20-32) and a portion of the Newport River (Morehead City and Beaufort Harbors Restricted Area) [Index No. 21-(31)] from Class SC to Class SA.
(d) The White Oak River Basin Classification Schedule was amended effective June 1, 1988 with the reclassification of unnamed waters as follows:
(1) a portion of the Roosevelt Natural Area Swamp, which drains to Bogue Sound (20-36), from Class SA to Class C Sw ORW.
(2) another portion of the Roosevelt Natural Area Swamp, which drains to Bogue Sound (20-36), from Class SA to Class SA Sw ORW.
(e) The White Oak River Basin Classification Schedule was amended effective January 1, 1990 as follows:
(1) Intracoastal Waterway (Index No. 19-39) from northeastern boundary of Cape Fear River Basin to Daybeacon No. 17 including all unnamed bays, guts, and channels, except Rogers Bay and Mill Creek and Intracoastal Waterway (Index No. 19-41) from the northeast mouth of Goose Creek to the southwest mouth of Queen Creek were reclassified from Class SA to Class SA ORW.
(2) Bear Island ORW Area, which includes all waters within an area north of Bear Island defined by a line from the western most point on Bear Island to the northeast mouth of Goose Creek on the mainland, east to the southwest mouth of Queen Creek, then south to green marker No. 49, then northeast to the northern most point on Huggins Island, then southeast along the shoreline of Huggins Island to the southeastern most point of Huggins Island, then south to the northeastern most point on Dudley Island, then southwest along the shoreline of Dudley Island to the eastern tip of Bear Island to the western mouth of Foster Creek including Cow Channel were reclassified from Class SA to Class SA ORW.
(3) Bogue Sound (including Intracoastal Waterway from White Oak River Basin to Beaufort Inlet)(Index No. 20-36) from Bogue Inlet to a line across Bogue Sound from the southwest side of mouth of Gales Creek to Rock Point and all tributaries except Hunting Island Creek, Goose Creek, and Broad Creek were reclassified from Class SA to Class SA ORW.
(4) Core Sound (Index No. 21-35-7) from northern boundary of White Oak River Basin (a line from Hall Point to Drum Inlet) to Back Sound and all tributaries except Atlantic Harbor Restricted Area, Nelson Bay, Jarrett Bay, Williston Creek, Wade Creek and Middens Creek were reclassified from Class SA to Class SA ORW.
(5) Back Sound (Index No. 21-35) from a point on Shackleford Banks at lat. 34 degrees 40' 57" and long 76 degrees 37' 30" north to the western most point of Middle Marshes and along the northwest shoreline of Middle Marshes (to include all of Middle Marshes) to Rush Point on Harkers Island and along the southern shore of Harkers Island back to Core Sound and all tributaries were reclassified from Class SA to Class SA ORW.
(f) The White Oak River Basin Classification Schedule was amended effective August 1, 1990 with the reclassification of a portion of the White Oak River [Index No. 20-(1)] from Spring Branch to Hunters Creek from Class C to Class C HQW.
(g) The White Oak River Basin Classification Schedule was amended effective August 1, 1991 by adding the supplemental classification NSW (Nutrient Sensitive Waters) to all waters in the New River Drainage Area above a line running across the New River from Grey Point to a point of land approximately 2,200 yards downstream of the mouth of Duck Creek.
(h) The White Oak River Basin Classification Schedule was amended effective June 1, 1992 with the reclassification of Peletier Creek (Index No. 20-36-11) from its source to Bogue Sound from Class SA to Class SB with the requirement that no discharges be allowed.
(i) The White Oak River Basin Classification Schedule was amended effective December 1, 1992 with the reclassification of the Atlantic Harbor Restricted Area (Index No. 21-35-7-2) from Class SC to Class SA ORW.
(j) The White Oak River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs:
(1) Theodore Roosevelt Maritime Swamp Forest near Roosevelt Natural Area Swamp [Index No. 20-36-9.5-(1)] was reclassified to Class WL UWL.
(2) Bear Island Maritime Wet Grassland near the Atlantic Ocean [Index No. 99-(4)] was reclassified to Class WL UWL.
(k) The White Oak River Basin Classification Schedule was amended effective July 1, 2011 with the reclassification of a portion of Southwest Creek [Index No. 19-17-(0.5)] from a point approximately 0.5 mile upstream of Mill Run to Mill Run from Class C NSW to Class SC NSW, and another portion of Southwest Creek [Index No. 19-17-(6.5)] from Mill Run to New River from Class C HQW NSW to Class SC HQW NSW.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. July 1, 2011; November 1, 2007; December 1, 1992; June 1, 1992; August 1, 1991; August 1, 1990;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0313 ROANOKE RIVER BASIN
(a) Classifications assigned to the waters within the Roanoke River Basin are set forth in the Roanoke River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, Carolina;
(B) Washington Regional Office
943 Washington Square Mall
Washington, Carolina;
(C) Winston-Salem Regional Office
450 West Hanes Mill Road
North Carolina; and
(D) Division of Water Resources
Regional Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering Virginia are classified "C", except that all backwaters of John H. Kerr Reservoir and the North Carolina portion of streams tributary thereto not otherwise named or described shall carry the classification "B," and all backwaters of Lake Gaston and the North Carolina portion of streams tributary thereto not otherwise named or described shall carry the classification "C and B".
(c) The Roanoke River Basin Classification Schedule was amended effective:
(1) May 18, 1977;
(2) July 9, 1978;
(3) July 18, 1979;
(4) July 13, 1980;
(5) March 1, 1983;
(6) August 1, 1985;
(7) February 1, 1986.
(d) The Roanoke River Basin Classification Schedule was amended effective July 1, 1991 with the reclassification of Hyco Lake (Index No. 22-58) from Class C to Class B.
(e) The Roanoke River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(f) The Roanoke River Basin Classification Schedule was amended effective August 1, 1998 with the reclassification of Cascade Creek (Camp Creek) [Index No. 22-12] and its tributaries from its source to the backwaters at the swimming lake from Class B to Class B ORW, and reclassification of Indian Creek [index No. 22-13] and its tributaries from its source to Window Falls from Class C to Class C ORW.
(g) The Roanoke River Basin Classification Schedule was amended effective August 1, 1998 with the reclassification of Dan River and Mayo River WS-IV Protected Areas. The Protected Areas were reduced in size.
(h) The Roanoke River Basin Classification Schedule was amended effective April 1, 1999 as follows:
(1) Hyco River, including Hyco Lake below elevation 410 [Index No. 22-58-(0.5)] was reclassified from Class B to Class WS-V B.
(2) Mayo Creek (Maho Creek)(Mayo Reservoir) [Index No. 22-58-15] was reclassified from its source to the dam of Mayo Reservoir from Class C to Class WS-V.
(i) The Roanoke River Basin Classification Schedule was amended effective April 1, 2001 as follows:
(1) Fullers Creek from source to a point 0.8 mile upstream of Yanceyville water supply dam [Index No. 22-56-4-(1)] was reclassified from Class WS-II to Class WS-III.
(2) Fullers Creek from a point 0.8 mile upstream of Yanceyville water supply dam to Yanceyville water supply dam [Index No. 22-56-4-(2)] was reclassified from Class WS-II CA to Class WS-III CA.
(j) The Roanoke River Basin Classification Schedule was amended effective November 1, 2007 with the reclassification of Hanging Rock Hillside Seepage Bog near Cascade Creek [Index No. 22-12-(2)] to Class WL UWL. The Division of Water Resources maintains a Geographic Information Systems data layer of the UWL.
(k) The Roanoke River Basin Classification Schedule was amended effective July 3, 2012 as follows:
(1) a portion of the Dan River [Index No. 22-(39)] (including tributaries) from the City of Roxboro's intake, located approximately 0.7 mile upstream of NC Highway 62, to a point approximately 0.5 mile upstream of the City of Roxboro's intake from Class C to Class WS-IV CA.
(2) a portion of the Dan River [Index No. 22-(39)] (including tributaries) from a point approximately 0.5 mile upstream of the City of Roxboro's intake to the North Carolina-Virginia state line from Class C to Class WS-IV.
(l) The Roanoke River Basin Classification Schedule was amended effective January 1, 2013 as follows:
(1) a portion of the Roanoke River [Index No. 23-(26)] (including tributaries) from the Martin County Regional Water And Sewer Authority's intake, located approximately 0.3 mile upstream of US 13/US 17, to a point approximately 0.5 mile upstream of the Martin County Regional Water And Sewer Authority's intake from Class C to Class WS-IV CA.
(2) a portion of the Roanoke River [Index No. 23-(26)] (including tributaries) from a point approximately 0.5 mile upstream of the Martin County Regional Water And Sewer Authority's intake to a point approximately 1 mile downstream of Coniott Creek (Town Swamp) from Class C to Class WS-IV.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. January 1, 2013; July 3, 2012; November 1, 2007; April 1, 2001; April 1, 1999; August 1, 1998; August 3, 1992; July 1, 1991; February 1, 1986; August 1, 1985;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0314 CHOWAN RIVER BASIN
(a) Classifications assigned to the waters within the Chowan River Basin are set forth in the Chowan River Basin Classification Schedule, which may be inspected in the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina;
(B) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina: and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) Unnamed streams entering Virginia are classified "C."
(c) All classifications assigned to the waters of the Chowan River Basin are additionally classified as Nutrient Sensitive Waters (NSW) in accordance with the provisions of Rule .0223 of this Subchapter.
(d) The Chowan River Basin Classification Schedule was amended effective August 1, 1985.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 1978; March 1, 1977;
Emergency Amendment [(f)] Eff. March 10, 1979, for a period of 120 days to expire on September 7, 1979;
Emergency Amendment [(f)] Made Permanent Eff. September 6, 1979;
Amended Eff. August 1, 1985; January 1, 1985;
Readopted Eff. November 1, 2019;
Amended Eff. June 1, 2020.
15a ncac 02b .0315 NEUSE RIVER BASIN
(a) Classifications assigned to the waters within the Neuse River Basin are set forth in the Neuse River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
(B) Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
(C) Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405; and
(D) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, NC 27604.
(b) The Neuse River Basin Classification Schedule was amended effective March 1, 1977, with a total of 179 streams in the Neuse River Basin reclassified from Class D to Class C.
(c) The Neuse River Basin Classification Schedule was amended effective December 13, 1979, as follows: Little River Index No. 27-57-(21.5) from source to the dam at Wake Forest Reservoir was reclassified from Class A-II to Class A-II and B.
(d) The Neuse River Basin Classification Schedule was amended effective September 14, 1980, as follows: The Eno River from Durham County State Road 1003 to U.S Highway 501 Index No. 27-2-(16) was reclassified from Class C and B to Class A-II and B.
(e) The Neuse River Basin Classification Schedule was amended effective August 9, 1981, to remove the swamp water designation from waters designated SA in the Neuse River Basin.
(f) The Neuse River Basin Classification Schedule was amended effective January 1, 1982, as follows: The Trent River from the mouth of Brice Creek to the Neuse River Index No. 27-101-(39) was reclassified from Class SC Sw to Class SB Sw.
(g) The Neuse River Basin Classification Schedule was amended effective April 1, 1982, as follows:
(1) Longview Branch from source to Crabtree Creek Index No. 27-33-(21) was reclassified from Class C1 to Class C; and
(2) Watson Branch from source to Walnut Creek Index No. 27-34-(8) was reclassified from Class C1 to Class C.
(h) The Neuse River Basin Classification Schedule was amended effective December 1, 1983, to add the Nutrient Sensitive Waters classification to the entire river basin above Falls Lake Dam.
(i) The Neuse River Basin Classification Schedule was amended effective January 1, 1985, as follows: Nobel Canal from source to Swift Creek Index No. 27-97-(2) was reclassified from Class C1 to Class C.
(j) The Neuse River Basin Classification Schedule was amended effective August 1, 1985, as follows:
(1) Southeast Prong Beaverdam Creek from source to Beaverdam Creek Index No. 27-33-15-(2) was reclassified from Class C1 to Class C;
(2) Pigeon House Branch from source to Crabtree Creek Index No. 27-33-(18) was reclassified from Class C1 to Class C;
(3) Rocky Branch from source to Pullen Road Index No. 27-34-6-(1) was reclassified from Class C1 to Class C; and
(4) Chavis Branch from source to Watson Branch Index No. 27-37-8-1 was reclassified from Class C1 to Class C.
(k) The Neuse River Basin Classification Schedule was amended effective February 1, 1986, to reclassify Class A-II streams in the Neuse River Basin to Class WS-III.
(l) The Neuse River Basin Classification Schedule was amended effective May 1, 1988, to add the Nutrient Sensitive Waters classification to the waters of the Neuse River Basin below the Falls Lake Dam.
(m) The Neuse River Basin Classification Schedule was amended effective July 1, 1988, as follows:
(1) Smith Creek Index No. 27-23-(1) from source to the dam at Wake Forest Reservoir was reclassified from Class WS-III to WS-I;
(2) Little River Index No. 27-57-(1) from source to the N.C. Hwy. 97 Bridge near Zebulon and tributaries to this portion of the Little River were reclassified from Class WS-III to WS-I; and
(3) an unnamed tributary to Buffalo Creek just upstream of Robertson's Pond in Wake County from source to Buffalo Creek including Leo's Pond was reclassified from Class C to B.
(n) The Neuse River Basin Classification Schedule was amended effective October 1, 1988, as follows:
(1) Lake Johnson and Lake Raleigh, which are a portion of Walnut Creek (Lake Johnson, Lake Raleigh) Index No. 27-34-(1), were reclassified from Class WS-III to Class WS-III B; and
(2) Haw Creek (Camp Charles Lake) Index No. 27-86-3-7 from the backwaters of Camp Charles Lake to dam at Camp Charles Lake was reclassified from Class C to Class B.
(o) The Neuse River Basin Classification Schedule was amended effective January 1, 1990, as follows:
(1) Neuse-Southeast Pamlico Sound ORW Area, which includes waters within a line beginning at the southwest tip of Ocracoke Island and extending northwest along the Tar-Pamlico River Basin and Neuse River Basin boundary line to Lat. 35 degrees 06' 30", then in a southwest direction to Ship Point, and tributaries to the Neuse-Southeast Pamlico Sound ORW Area, were reclassified from Class SA NSW to Class SA NSW ORW; and
(2) Core Sound Index No. 27-149 from northeastern limit of White Oak River Basin, which is a line from Hall Point to Drum Inlet, to Pamlico Sound, and tributaries to Core Sound except Thorofare and John Day Ditch, were reclassified from Class SA NSW to Class SA NSW ORW.
(p) The Neuse River Basin Classification Schedule was amended effective August 1, 1990, as follows:
(1) a portion of the Little River Index No. 27-2-21-(1) from source to Little River Reservoir Dam and tributaries to this portion of the South Fork Little River except Forrest Creek (Foster Creek) from source to NC Highway 57 were reclassified from Class WS-III NSW to Class WS-III NSW HQW and Forrest Creek (Foster Creek) Index No. 27-2-21-2-2-(1) from source to NC Highway 57 was reclassified from Class C NSW to Class C NSW HQW;
(2) a portion of Greens Creek (Oriental Restricted Area) Index No. 27-129, including tributaries to this portion of Greens Creek, from inside a line beginning at a point on the northwest side of the mouth of Whittaker Creek and running due southeast 100 yards to a stake in the Neuse River, then running in a southwesterly direction 100 yards from shore to a stake due south of Whorton's Point, then in a straight line to flash beacon #6, then in a straight line to Windmill Point, then in a northerly direction to a point on the southern shore directly across from the western edge of the mouth of Kershaw Creek, then to a point on the western edge of Kershaw Creek, then along the northern shore line to Dewey Point including a portion of Smith Creek from source to a point 0.1 miles downstream of Morris Creek, Shop Gut, Morris Creek, Unnamed Tributary #1 and #2 to Smith Creek, Kershaw Creek, Unnamed Tributary #1, #2, and #3 to Greens Creek, Camp Creek (Oriental Harbor), Raccoon Creek, and Oriental Seawall to the point of beginning were reclassified from Class SC NSW to Class SC NSW HQW;
(3) a portion of Chapel Creek Index No. 27-150-7 from source to a line 0.1 miles downstream of Bee Tree Creek and tributaries to this portion of Chapel Creek were reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(4) a portion of Swindell Bay Index No. 27-150-8 from source to the narrows was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(5) Mason Creek Index No. 27-150-9 from source to the Bay River and the tributary to Mason Creek, which is Lewis Creek, were reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(6) Harper Creek Index No. 27-150-10 from source to the Bay River was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(7) Moore Creek Index 27-150-12 from source to the Bay River and the tributary to Moore Creek, which is Chappel Creek, were reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(8) Smith Creek Index No. 27-150-14 from source to the Bay River was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(9) Little Vandemere Creek Index No. 27-150-15-1 from source to Vandemere Creek was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW;
(10) Long Creek Index No. 27-150-15-2 from source to Vandemere Creek was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW; and
(11) Cedar Creek Index No. 27-150-3 from source to Vandemere Creek was reclassified from Class SC Sw NSW to Class SC Sw NSW HQW.
(q) The Neuse River Basin Classification Schedule was amended effective December 1, 1990, as follows:
(1) Northwest Creek from its source to the Neuse River Index No. 27-105 was reclassified from Class SC Sw NSW to Class SB Sw NSW;
(2) Upper Broad Creek Index No. 27-106-(7) from Pamlico County SR 1103 at Lees Landing to the Neuse River was reclassified from Class SC Sw NSW to Class SB Sw NSW; and
(3) Goose Creek Index No. 27-107-(11) from Wood Landing to the Neuse River was reclassified from Class SC Sw NSW to Class SB Sw NSW.
(r) The Neuse River Basin Classification Schedule was amended effective July 1, 1991, with the reclassification of the Bay River Index No. 27-150-(1) within a line running from Flea Point to the Hammock, east to a line running from Bell Point to Darby Point, including Harper Creek, Tempe Gut, Moore Creek and Newton Creek, and excluding that portion of the Bay River landward of a line running from Poorhouse Point to Darby Point from Classes SC Sw NSW and SC Sw NSW HQW to Class SA NSW.
(s) The Neuse River Basin Classification Schedule was amended effective August 3, 1992, as follows:
(1) Class WS-I, WS-II or WS-III waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules 15A NCAC 02B .0100 - .0300, which became effective on August 3, 1992.
(2) Additional waters classified as Class C were reclassified to a WS classification and additional waters classified as Class B were reclassified to a Class WS & B classification due to proximity and linkage to water supply waters.
(3) Additional Class WS-I, WS-II, or WS-III waters were reclassified to remove the WS classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(t) The Neuse River Basin Classification Schedule was amended effective April 1, 1994, as follows:
(1) Lake Crabtree Index No. 27-33-(1) was reclassified from Class C NSW to Class B NSW;
(2) Eno River from Orange County State Road 1561 to Durham County State Road 1003 Index No. 27-10-(16) was reclassified from Class WS-IV NSW to Class WS-IV B NSW; and
(3) Silver Lake Index No. 27-43-5 was reclassified from Class WS-III NSW to Class WS-III B NSW.
(u) The Neuse River Basin Classification Schedule was amended effective July 1, 1996, with the reclassification of Austin Creek Index Nos. 27-23-3-(1) and 27-23-3-(2) from its source to Smith Creek from Classes WS-III NSW and WS-III NSW CA to Class C NSW.
(v) The Neuse River Basin Classification Schedule was amended effective September 1, 1996, with the reclassification of an unnamed tributary to Hannah Creek (Tuckers Lake) Index No. 27-52-6-0.5 from Class C NSW to Class B NSW.
(w) The Neuse River Basin Classification Schedule was amended effective April 1, 1997, with the reclassification of the Neuse River Index No. 27-(36) from the mouth of Marks Creek to a point 1.3 miles downstream of Johnston County State Road 1908 and tributaries to this portion of the Neuse River to Class WS-IV NSW and the Neuse River Index No. 27-(38.5) from a point 1.3 miles downstream of Johnston County State Road 1908 to the Johnston County Water Supply intake, which is located 1.8 miles downstream of Johnston County State Road 1908, and tributaries to this portion of the Neuse River to Class WS-IV CA NSW.
(x) The Neuse River Basin Classification Schedule was amended effective August 1, 1998, with the revision of the Critical Area and Protected Area boundaries surrounding the Falls Lake water supply reservoir. The revisions to these boundaries are the result of the US Army Corps of Engineers raising the lake's normal pool elevation. The results of these revisions are the Critical and Protected Area boundaries (classifications) may extend further upstream than the current designations. The Critical Area for a WS-IV reservoir is defined as 0.5 miles and draining to the normal pool elevation. The Protected Area for a WS-IV reservoir is defined as 5 miles and draining to the normal pool elevation. The normal pool elevation of the Falls Lake reservoir changed from 250.1 feet mean sea level (msl) to 251.5 feet msl.
(y) The Neuse River Basin Classification Schedule was amended effective August 1, 2002, with the reclassification of portions of Neuse River Index No. 27-(56), including tributaries to those portions of the Neuse River, from a point 0.7 mile downstream of the mouth of Coxes Creek to a point 0.6 mile upstream of Lenoir County proposed water supply intake from Class C NSW to Class WS-IV NSW and from a point 0.6 mile upstream of Lenoir County proposed water supply intake to Lenoir proposed water supply intake from Class C NSW to Class WS-IV CA NSW.
(z) The Neuse River Basin Classification Schedule was amended effective July 1, 2004, with the reclassification of the Neuse River Index Nos. 27-(20.7), 27-21, and 27-21-1 from the dam at Falls Lake to a point 0.5 mile upstream of the Town of Wake Forest Water Supply Intake, which is the former water supply intake for Burlington Mills Wake Finishing Plant, and tributaries to this portion of the Neuse River in Wake County from Class C NSW to Class WS-IV NSW and the Neuse River Index No. 27-(20.1) from a point 0.5 mile upstream of the Town of Wake Forest proposed water supply intake to Town of Wake Forest proposed water supply intake from Class C NSW to Class WS-IV NSW CA. Fantasy Lake Index No. 27-57-3-1-1, a former rock quarry within a WS-II NSW water supply watershed, was reclassified from Class WS-II NSW to Class WS-II NSW CA.
(aa) The Neuse River Basin Classification Schedule was amended effective November 1, 2007, with the reclassification of the entire watershed of Deep Creek (Index No. 27-3-4) from source to Flat River from Class WS-III NSW to Class WS-III ORW NSW.
(bb) The Neuse River Basin Classification Schedule was amended effective January 15, 2011, with the reclassification of Class C NSW waters upstream of the dam at Falls Reservoir to Class WS-V NSW and Class B NSW waters upstream of the dam at Falls Reservoir to Class WS-V & B NSW. Waters within the Falls Watershed are within a designated Critical Water Supply Watershed and are subject to a special management strategy specified in Rules .0275 through .0283 of this Subchapter.
(cc) The Neuse River Basin Classification Schedule was amended effective July 1, 2012, as follows:
(1) Johnston County owned quarry near Little River Index No. 27-57-(20.2) was reclassified from Class C NSW to Class WS-IV NSW CA. The Division of Water Resources maintains a Geographic Information Systems data layer of this quarry;
(2) a portion of the Neuse River Index Number 27-(41.7) from a point close to 1.4 miles downstream of Gar Gut to a point close to 1.7 miles upstream of Bawdy Creek was reclassified from Class WS-V NSW to Class WS-IV NSW; and
(3) a portion of the Neuse River Index No. 27-(49.5) from a point close to 0.5 mile upstream of S.R. 1201 to S.R. 1201, which is the location of a Johnston County intake, was reclassified from Class WS-IV NSW to Class WS-IV NSW CA.
(dd) The Neuse River Basin Classification Schedule was amended effective July 1, 2023, as follows:
(1) City of Durham owned Nello Teer Quarry near Eno River Index No. 27-2-(19) was reclassified from Class WS-IV NSW to Class WS-IV NSW CA. The Division of Water Resources maintains a Geographic Information Systems data layer of this quarry; and
(2) a portion of the Eno River Index No. 27-2-(19) from a point close to 0.7 miles downstream of U.S. Highway 501 to a City of Durham raw intake located about 1.1 miles downstream of U.S. Highway 501 was reclassified from Class WS-IV NSW to Class WS-IV NSW CA.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 2007; July 1, 2004 (see SL 2001-361); August 1, 2002; August 1, 1998; April 1, 1997; September 1, 1996; July 1, 1996; April 1, 1994; August 3, 1992; July 1, 1991;
Amended Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010);
Amended Eff. July 1, 2012;
Readopted Eff. November 1, 2019;
Amended Eff. July 1, 2023.
15A NCAC 02B .0316 TAR-PAMLICO RIVER BASIN
(a) Classifications assigned to the waters within the Tar-Pamlico River Basin are set forth in the Tar-Pamlico River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina;
(B) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina; and
(C) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) All drainage canals not noted in the schedule are classified "C Sw," except the main drainage canals to Pamlico Sound and its bays which are classified "SC."
(c) The Tar-Pamlico River Basin Classification Schedule was amended effective:
(1) March 1, 1977;
(2) November 1, 1978;
(3) June 8, 1980;
(4) October 1, 1983;
(5) June 1, 1984;
(6) August 1, 1985;
(7) February 1, 1986;
(8) August 1, 1988;
(9) January 1, 1990;
(10) August 1, 1990;
(11) August 3, 1992;
(12) April 1, 1994;
(13) January 1, 1996;
(14) September 1, 1996;
(15) October 7, 2003;
(16) June 1, 2004;
(17) November 1, 2007.
(d) The Tar-Pamlico River Basin Classification Schedule was amended effective August 1, 1988 as follows: Tar River (Index No. 28-94) from a point 1.2 miles downstream of Broad Run to the upstream side of Tranters Creek from Class C to Class B.
(e) The Tar-Pamlico River Basin Classification Schedule was amended effective January 1, 1990 by the reclassification of Pamlico River and Pamlico Sound [Index No. 29-(27)] which includes all waters within a line beginning at Juniper Bay Point and running due south to Lat. 35( 18' 00", long. 76( 13' 20", thence due west to lat. 35( 18' 00", long 76( 20' 00", thence northwest to Shell Point and including Shell Bay, Swanquarter and Juniper Bays and their tributaries, but excluding the Blowout, Hydeland Canal, Juniper Canal and Quarter Canal were reclassified from Class SA and SC to SA ORW and SC ORW.
(f) The Tar-Pamlico River Basin Classification Schedule was amended effective January 1, 1990 by adding the supplemental classification NSW (Nutrient Sensitive Waters) to all waters in the basin from source to a line across Pamlico River from Roos Point to Persimmon Tree Point.
(g) The Tar-Pamlico River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(h) The Tar-Pamlico River Basin Classification Schedule was amended effective April 1, 1994 with the reclassification of Blounts Creek from Herring Run to Blounts Bay [Index No. 29-9-1-(3)] from Class SC NSW to Class SB NSW.
(i) The Tar-Pamlico River Basin Classification Schedule was amended effective January 1, 1996 with the reclassification of Tranters Creek [Index Numbers 28-103- (4.5), 28-103- (13.5), 28-103- (14.5) and 28-103- (16.5)] from a point 1.5 miles upstream of Turkey Swamp to the City of Washington's former auxiliary water supply intake, including tributaries, from Class WS-IV Sw NSW and Class WS-IV CA Sw NSW to Class C Sw NSW.
(j) The Tar-Pamlico River Basin Classification Schedule was amended effective September 1, 1996 with the addition of Huddles Cut (previously unnamed in the schedule) classified as SC NSW with an Index No. of 29-25.5.
(k) The Tar-Pamlico River Basin Classification Schedule was temporarily amended effective October 7, 2003 and permanently amended June 1, 2004 with the reclassification of a portion of Swift Creek [Index Number 28-78-(0.5)] and a portion of Sandy Creek [Index Number 28-78-1-(19)] from Nash County SR 1004 to Nash County SR 1003 from Class C NSW to Class C ORW NSW, and the waters that drain to these two creek portions to include only the ORW management strategy as represented by "+". The "+" symbol means that all undesignated waterbodies that drain to the portions of the two creeks referenced in this Paragraph shall comply with Rule .0225(c) of this Subchapter in order to protect the designated waters as per Rule .0203 of this Subchapter and to protect outstanding resource values found in the designated waters as well as in the undesignated waters that drain to the designated waters.
(l) The Tar-Pamlico River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs.
(1) Goose Creek Tidal Freshwater Marsh along the confluence of Goose Creek [Index No. 29-33] and the Pamlico River [Index No. 29-(27)], along Flatty Creek [Index No. 29-11-4] a length of the Pamlico River shoreline [Index No. 29-(27)] was reclassified to Class WL UWL.
(2) Mallard Creek Tidal Freshwater Marsh along Mallard Creek [Index No. 29-13-(1)] 0.2 miles above its confluence with the Pamlico River to Class WL UWL.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 2003 (see S.L. 2003-433, s.1); September 1, 1996; January 1, 1996; April 1, 1994; August 3, 1992; August 1, 1990;
Temporary Amendment Eff. October 7, 2003;
Amended Eff. November 1, 2007; June 1, 2004;
Readopted Eff. November 1, 2019.
15A NCAC 02B .0317 PASQUOTANK RIVER BASIN
(a) lassifications assigned to the waters within the Pasquotank River Basin are set forth in the Pasquotank River Basin Classification Schedule, which may be inspected at the following places:
(1) the Internet at ; and
(2) the following offices of the North Carolina Department of Environmental Quality:
(A) Washington Regional Office
943 Washington Square Mall
Washington, North Carolina; and
(B) Division of Water Resources
Central Office
512 North Salisbury Street
Raleigh, North Carolina.
(b) All drainage canals not noted in the schedule are classified "C."
(c) The Pasquotank River Basin Classification Schedule was amended effective:
(1) March 1, 1977;
(2) May 18, 1977;
(3) December 13, 1979;
(4) January 1, 1985;
(5) February 1, 1986;
(6) January 1, 1990;
(7) August 1, 1990;
(8) August 3, 1992;
(9) August 1, 1998;
(10) August 1, 2000;
(11) November 1, 2007.
(d) The Pasquotank River Basin Classification Schedule was amended effective January 1, 1990 by the reclassification of Alligator River [Index Nos. 30-16-(1) and 30-16-(7)] from source to U.S. Hwy. 64 and all tributaries except Swindells Canal, Florida Canal, New Lake, Fairfield Canal, Carters Canal, Dunbar Canal and Intracoastal Waterway (Pungo River - Alligator River Canal) were reclassified from C Sw and SC Sw to C Sw ORW and SC Sw ORW.
(e) The Pasquotank River Basin Classification Schedule was amended effective August 1, 1990 as follows:
(1) Croatan Sound [Index No. 30-20-(1)] from a point of land on the southern side of mouth of Peter Mashoes Creek on Dare County mainland following a line eastward to Northwest Point on Roanoke Island and then from Northwest Point following a line west to Reeds Point on Dare County mainland was reclassified from Class SC to Class SB.
(2) Croatan Sound [Index No. 30-20-(1.5)] from Northwest Point on Roanoke Island following a line west to Reeds Point on Dare County mainland to William B. Umstead Memorial Bridge was reclassified from Class SC to Class SA.
(f) The Pasquotank River Basin Classification Schedule was amended effective August 3, 1992 with the reclassification of all water supply waters (waters with a primary classification of WS-I, WS-II or WS-III). These waters were reclassified to WS-I, WS-II, WS-III, WS-IV or WS-V as defined in the revised water supply protection rules (15A NCAC 02B .0100, .0200 and .0300), which became effective on August 3, 1992. In some cases, streams with primary classifications other than WS were reclassified to a WS classification due to their proximity and linkage to water supply waters. In other cases, waters were reclassified from a WS classification to an alternate appropriate primary classification after being identified as downstream of a water supply intake or identified as not being used for water supply purposes.
(g) The Pasquotank River Basin Classification Schedule was amended effective August 1, 1998 with the revision to the primary classification for a portion of the Pasquotank River [Index No. 30-3-(1.7)] from Class WS-IV to Class WS-V.
(h) The Pasquotank River Basin Classification Schedule was amended effective August 1, 2000 with the reclassification of Lake Phelps [Index No. 30-14-4-6-1] from Class C Sw to Class B Sw ORW.
(i) The Pasquotank River Basin Classification Schedule was amended effective November 1, 2007 with the reclassifications listed below, and the North Carolina Division of Water Resources maintains a Geographic Information Systems data layer of these UWLs.
(1) Phelps Lake Natural Lake Shoreline near Phelps Lake [Index No. 30-14-4-6-1] was reclassified to Class WL UWL.
(2) Nags Head Woods near Buzzard Bay [Index No. 30-21-1] was reclassified to Class WL UWL.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 2007; August 1, 2000; August 1, 1998; August 3, 1992; August 1, 1990; January 1, 1990; February 1, 1986;
Readopted Eff. November 1, 2019.
SECTION .0400 - EFFLUENT LIMITATIONS
15A NCAC 02B .0401 PURPOSE
History Note: Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Repealed Eff. December 1, 1984.
15A NCAC 02B .0402 SCOPE
Effluent limits established in this Section shall apply to all effluents discharged from pretreatment facilities and from outlets and point sources to the waters of the state.
History Note: Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0403 DEFINITION OF TERMS
The terms used in this Section shall be as defined in G.S. 143-212 and 143-213; the federal Clean Water Act (33 U.S.C. 1251 et seq.); 40 CFR Parts 122, 124, and 125; and as follows:
(1) "Commission" means the Environmental Management Commission or its successor.
(2) "Conventional pollutants" means biochemical oxygen demand (BOD(5)), Total Suspended Solids (TSS), pH, fecal coliform, oil and grease, and any other pollutants the USEPA designates as conventional in applicable regulations.
(3) "Director" means the Director of the Division of Water Resources or Division of Energy, Mineral and Land Resources, Department of Environmental Quality, whichever is the permitting authority; or his or her designee.
(4) "Division" means the Division of Water Resources or the Division of Energy, Mineral and Land Resources, Department of Environmental Quality, whichever is the permitting authority.
(5) "Effluent limited" segment of a surface water means a segment that stream monitoring, assessment, modeling, or other analysis indicates is meeting applicable water quality standards or will meet applicable water quality standards after the application of minimum treatment requirements.
(6) "Minimum treatment requirements" means the minimum technology-based effluent limitations that a specific discharge would be required to meet in order to satisfy applicable treatment standards, including the following:
(a) "Secondary treatment" is the minimum standard of treatment for POTWs, as set forth in Rule .0406(a) of this Section.
(b) "Best waste stabilization pond technology" is the standard of treatment for waste stabilization ponds treating municipal or similar wastewaters only, as set forth in Rule .0406(a) of this Section.
(c) "Best practicable waste treatment technology," or "BPWTT," is an advanced standard of treatment for POTWs, as set forth in Rule .0406(a) of this Section.
(d) "Best practicable pollutant control technology," or "BPT," is the minimum standard of treatment for existing industrial dischargers, as set forth in Rule .0406(c) of this Section and in 40 CFR Chapter I, Subpart N – Effluent Guidelines and Standards.
(e) "Best conventional pollutant control technology," or "BCT," is a standard of treatment for existing industrial dischargers and typically applies to conventional pollutants, as set forth in Rule .0406(c) of this Section and in 40 CFR Chapter I, Subpart N – Effluent Guidelines and Standards.
(f) "Best available technology economically achievable," or "BAT" is a standard of treatment for industrial dischargers and typically applies to nonconventional and priority pollutants, as set forth in Rule .0406(c) of this Section and 40 CFR Chapter I, Subpart N – Effluent Guidelines and Standards.
(g) "New source performance standards" is the standard of treatment for industrial dischargers determined to be a new source pursuant to 15A NCAC 02B .0407.
Minimum treatment requirements must be met even if the receiving waters affected can or are expected to be able to accept higher pollutant-load levels and still meet applicable water quality standards.
(7) "Nonconventional pollutant" means any pollutant not categorized as a conventional or priority pollutant parameter.
(8) "Oxygen consuming wastes" means those wastewater discharge components that are oxygen demanding in the aquatic environment. These are generally limited by BOD(5) and NH(3)-N.
(9) "Priority pollutant" means any chemical pollutant listed in 40 CFR Part 423, Appendix A.
(10) "Publicly owned treatment works," or "POTW," means a treatment works owned by a State or a municipality and is as defined in 40 CFR 403.3. This regulation can be accessed free of charge at .
(11) "Settleable solids" means the volumetric measurement of solids determined in the following manner: place one liter of the wastewater in a standard Imhoff cone and allow to settle for 45 minutes. After 45 minutes settling, stir the liquid layer, taking care not to disturb the solids already settled, and allow to settle for 15 additional minutes. Read the volume of solids immediately in milliliter per liter (ml/l).
(12) "Staff" means the Division.
(13) "Technology-based effluent limitations (or limits)," or "TBELs," means those effluent limits that are based on minimum treatment requirements.
(14) "Waste stabilization pond" (also called a "lagoon" or "oxidation pond") means an excavated or impounded basin designed for long term detention of treated or untreated wastewater and biological treatment to reduce biochemical oxygen demand and suspended solids. The pond may be single-cell or multi-cell. Stabilization ponds are further defined as:
(a) Photosynthetic Pond means a pond that is designed to rely on photosynthetic oxygenation (i.e., oxygen from algae) for any portion of the oxygen needed for waste treatment; this includes oxidation ponds and facultative lagoons. These ponds may have supplemental aeration by mechanical means. With regard to hydraulic flow, photosynthetic ponds are either of the:
(i) flow-through type, in which the pond is designed to discharge throughout the year; or
(ii) controlled-discharge type, in which the pond is designed to retain the wastewater without discharge from six months to one year, followed by controlled discharge over a short time interval, typically one to three weeks;
(b) Aerated Pond means a pond that is designed to rely on mechanical or diffused air aeration rather than photosynthetic oxygenation to provide oxygen needed for biological waste treatment. Aerated ponds are either of the:
(i) complete-mix type, in which sufficient energy is imparted to the wastewater to prevent deposition of solids in the pond; or
(ii) partial-mix type, in which only sufficient energy is used to dissolve and mix oxygen in the wastewater. Solid materials that settle in the partial-mix pond are decomposed anaerobically. Algae are commonly found in the partial-mix aerated pond, but the pond's design does not rely on photosynthetic oxygenation.
This definition does not include polishing or holding ponds which are preceded by other biochemical or physical/chemical secondary treatment processes and designed to increase their efficiency.
(15) "Water quality-based effluent limitations (or limits)," or "WQBELs," means those effluent limits that are established to ensure that a discharge does not cause or contribute to a contravention of state surface water quality standards.
(16) "Water quality limited" segment of a surface water means a segment in which water quality does not meet applicable water quality standards or is not expected to meet them even after the application of minimum treatment requirements.
History Note: Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 12, 1979; November 1, 1978; December 1, 1976;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0404 WATER QUALITY BASED EFFLUENT LIMITATIONS
(a) Effluent limitations shall be developed by the staff for all existing or proposed discharges to the surface waters of the state. Water quality based effluent limitations shall be established for discharges that are found, through mathematical modeling of water quality impacts, statistical analysis of stream characteristics and effluent data or other appropriate means, to have a reasonable potential to cause or contribute to exceedance of applicable water quality standards; except that, if the discharge is subject to both technology based and water quality based effluent limitations for a parameter, the more stringent limit shall apply.
(b) The staff may on a case-by-case basis develop seasonal limitations on the discharge of oxygen-consuming wastes when a treatment facility complies with applicable limitations on these wastes in the summer season but does not consistently comply in the winter season due to the effects of cooler temperatures or other seasonal factors beyond its control. A discharger may request seasonal effluent limitations by submitting a written request to the Director with justification for such limitations. In no case shall seasonal limitations cause or be expected to cause a receiving water body to violate applicable water quality standards.
(c) For the purpose of determining seasonal effluent limitations, the year shall consist of a summer and a winter discharge period. The summer period shall begin April 1 and extend through October 31. The winter period shall begin November 1 and extend through March 31. The summer oxygen-consuming wasteload allocation shall be developed using the flow criteria specified in 15A NCAC 02B .0206. The winter oxygen-consuming wasteload allocation shall not exceed two times the summer oxygen-consuming wasteload limitations nor shall it be less restrictive than minimum treatment requirements.
(d) No domestic sewage regardless of the treatment proposed and no other wastes that could adversely affect the taking of shellfish for market purposes shall be discharged into water classified "SA", into unnamed waters tributary to "SA" waters classified "C" or "SC" in accordance with 15A NCAC 02B .0301(i)(1)(B) and (C), or into other waters in such close proximity as to adversely affect such "SA" waters. Wastes discharged into other waters tributary to waters classified "SA" shall be treated in such manner as to assure that no impairment of water quality in the "SA" segments shall occur. No permits shall be issued for discharges into waters classified "SA" unless Shellfish Sanitation, Division of Marine Fisheries, Department of Environmental Quality, provides written concurrence that the discharge would not adversely affect shellfish water quality or the propagation of shellfish.
(e) The discharge of wastewaters to the Atlantic Ocean shall follow the guidelines and requirements set forth in 40 CFR Part 125, Subpart M, Ocean Discharge Criteria.
History Note: Authority G.S. 143-214.2(c); 143-215; 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 12, 1979;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0405 EFFLUENT LIMITS: GUIDELINES FOR EFFLUENT LIMITED SEGMENTS
History Note: Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1), (4);
Eff. February 1, 1976;
Amended Eff. November 1, 1978; December 1, 1976;
Repealed Eff. December 1, 1984.
15A NCAC 02B .0406 TECHNOLOGY BASED EFFLUENT LIMITATIONS
(a) Municipal (POTW) Wastewaters and Other Similar Discharges
(1) Applicability. This Paragraph is applicable to all municipal wastewater treatment discharges and all discharges consisting primarily of domestic sewage. In addition to the limits contained in this Paragraph, limits applicable to industrial categories contained in Paragraph (b) of this Rule shall be applicable to any municipality if influent waste discharges from industries in any single category account for 10 or more percent of its average daily wastewater flow or the industrial discharges significantly impact the municipal system or its effluent discharge.
(2) Effluent limitations, except for waste stabilization ponds subject to Subparagraph (3) of this Paragraph, shall include the following:
| |SECONDARY |"BPWTT" |
|Effluent Characteristic |Monthly Avg. |Weekly Avg. Max. |Avg. |Max. |
|BOD(5) |30 mg/l |45 mg/l |Reserved |
|TSS |30 mg/l |45 mg/l |Reserved |
|Fecal Coliform |(Effluent limitations for coliform bacteria and |Reserved |
| |pH shall be imposed only if necessary to maintain| |
| |compliance with applicable water quality | |
| |standards.) | |
|pH | |Reserved |
(3) Effluent limitations for waste stabilization ponds shall include the following, provided that:
(A) Waste stabilization ponds are the sole process used for secondary treatment;
(B) The maximum facility design capacity is two million gallons per day or less; and
(C) Operation and maintenance data indicate that the requirements for TSS of Subparagraph (2) of this Paragraph cannot be achieved.
| |SECONDARY |"BPWTT" |
|Effluent Characteristic |Monthly Avg. |Weekly Avg. Max. |Avg. |Max. |
|BOD(5) |30 mg/L |45 mg/L |Reserved |
|TSS |90 mg/L |135 mg/L |Reserved |
|Fecal Coliform |(Effluent limitations for coliform bacteria and |Reserved |
| |pH shall be imposed only if necessary to maintain| |
| |compliance with applicable water quality | |
| |standards.) | |
|pH | |Reserved |
(b) Industrial Waste Discharges.
(1) Applicability. This Paragraph is applicable to industrial wastewater treatment discharges.
(2) Effluent limits for industrial waste discharges are set forth in regulations promulgated by the Environmental Protection Agency, including those in 40 CFR Chapter I, Subpart N – Effluent Guidelines and Standards, which are hereby incorporated by reference, including any subsequent amendments and editions. These regulations can be accessed free of charge at .
40 CFR Part 129 -- EPA Toxic Pollutant Effluent Standards
40 CFR Part 401 -- EPA General Provisions for Effluent Guidelines and Standards
40 CFR Part 405 -- EPA Effluent Guidelines and Standards for Dairy Products
40 CFR Part 406 -- EPA Effluent Guidelines and Standards for Grain Mills
40 CFR Part 407 -- EPA Effluent Guidelines and Standards for Canned and Preserved Fruits and Vegetables
40 CFR Part 408 -- EPA Effluent Guidelines and Standards for Canned and Preserved Seafood
40 CFR Part 409 -- EPA Effluent Guidelines and Standards for Sugar Processing
40 CFR Part 410 -- EPA Effluent Guidelines and Standards for Textiles
40 CFR Part 411 -- EPA Cement Manufacturing Effluent Guidelines and Standards
40 CFR Part 412 -- EPA Effluent Guidelines and Standards for Concentrated Animal Feeding Operations (CAFO)
40 CFR Part 413 -- EPA Effluent Guidelines and Standards for Electroplating
40 CFR Part 414 -- EPA Effluent Guidelines and Standards for Organic Chemicals
40 CFR Part 415 -- EPA Effluent Guidelines and Standards for Inorganic Chemicals
40 CFR Part 417 -- EPA Effluent Guidelines and Standards for Soaps and Detergents
40 CFR Part 418 -- EPA Effluent Guidelines and Standards for Fertilizer Manufacturing
40 CFR Part 419 -- EPA Effluent Guidelines and Standards for Petroleum Refining
40 CFR Part 420 -- EPA Effluent Guidelines and Standards for Iron and Steel Manufacturing
40 CFR Part 421 -- EPA Effluent Guidelines and Standards for Nonferrous Metals
40 CFR Part 422 -- EPA Phosphate Manufacturing Effluent Guidelines and Standards
40 CFR Part 423 -- EPA Effluent Guidelines and Standards for Steam Electric Power Generating
40 CFR Part 424 -- EPA Effluent Guidelines for Ferroalloy Manufacturing
40 CFR Part 425 -- EPA Effluent Guidelines and Standards for Leather Tanning and Finishing
40 CFR Part 426 -- EPA Effluent Guidelines and Standards for Glass Manufacturing
40 CFR Part 427 -- EPA Effluent Guidelines and Standards for Asbestos Manufacturing
40 CFR Part 428 -- EPA Effluent Guidelines for Rubber Processing
40 CFR Part 429 -- EPA Effluent Guidelines and Standards for Timber Products
40 CFR Part 430 -- EPA Effluent Guidelines and Standards for Pulp, Paper, and Paper Board
40 CFR Part 432 -- EPA Effluent Guidelines and Standards for Meat Products
40 CFR Part 433 -- EPA Effluent Guidelines and Standards for Metal Finishing
40 CFR Part 434 -- EPA Effluent Guidelines and Standards for Coal Mining
40 CFR Part 435 -- EPA Effluent Guidelines and Standards for Offshore Oil and Gas Extraction
40 CFR Part 436 -- EPA Effluent Guidelines and Standards for Mineral Mining and Processing
40 CFR Part 437 -- EPA Effluent Guidelines and Standards for Centralized Waste Treatment
40 CFR Part 438 -- EPA Effluent Guidelines and Standards for Metals Products and Machinery
40 CFR Part 439 -- EPA Effluent Guidelines and Standards for Pharmaceutical Manufacturing
40 CFR Part 440 -- EPA Effluent Guidelines and Standards for Ore Mining and Dressing
40 CFR Part 441 – EPA Effluent Limitations Guidelines and Standards for the Dental Category
40 CFR Part 442 -- EPA Effluent Guidelines and Standards for Transportation Equipment Cleaning
40 CFR Part 443 -- EPA Effluent Guidelines and Standards for Paving and Roofing Materials
40 CFR Part 444 -- EPA Effluent Guidelines and Standards for Waste Combustors
40 CFR Part 445 -- EPA Effluent Guidelines and Standards for Landfills
40 CFR Part 446 -- EPA Effluent Guidelines and Standards for Paint Formulating
40 CFR Part 447 -- EPA Effluent Guidelines and Standards for Ink Formulating
40 CFR Part 449 -- EPA Effluent Guidelines and Standards for Airport Deicing
40 CFR Part 450 -- EPA Effluent Guidelines and Standards for Construction and Development
40 CFR Part 451 -- EPA Effluent Guidelines and Standards for Concentrated Aquatic Animal Production (Aquaculture)
40 CFR Part 454 -- EPA Effluent Guidelines and Standards for Gum and Wood Chemicals Manufacturing
40 CFR Part 455 -- EPA Effluent Guidelines for Pesticide Chemicals Manufacturing
40 CFR Part 457 -- EPA Effluent Guidelines and Standards for Explosives Manufacturing
40 CFR Part 458 -- EPA Effluent Guidelines and Standards for Carbon Black Manufacturing
40 CFR Part 459 -- EPA Effluent Guidelines and Standards for Photographic Processing
40 CFR Part 460 -- EPA Effluent Guidelines and Standards for Hospitals
40 CFR Part 461 -- EPA Effluent Guidelines and Standards for Battery Manufacturing
40 CFR Part 463 -- EPA Effluent Guidelines and Standards for Plastic Molding and Forming
40 CFR Part 464 -- EPA Effluent Guidelines and Standards for Metal Molding and Casting (Foundries)
40 CFR Part 465 -- EPA Effluent Guidelines and Standards for Coil Coating
40 CFR Part 466 -- EPA Effluent Guidelines and Standards for Porcelain Enameling
40 CFR Part 467 -- EPA Effluent Guidelines and Standards for Aluminum Forming
40 CFR Part 468 -- EPA Effluent Guidelines and Standards for Copper Forming
40 CFR Part 469 -- EPA Effluent Guidelines and Standards for Electrical and Electronic Components
40 CFR Part 471 -- EPA Effluent Guidelines and Standards for Nonferrous Metals Forming and Metal Powders
(3) For industrial categories or parts of categories for which effluent limits and guidelines have not been published and adopted, effluent limitations for existing industrial waste discharges, or new industrial waste discharges shall be calculated by the staff using the projected limits of the Environmental Protection Agency, the Environmental Protection Agency development document, and other available information in order to achieve the purposes of Article 21.
(4) On a case-by-case basis, if the staff determines, based on its professional judgment and applicable State and Federal guidelines, Rules, and laws, that effluent limits established by Subparagraph (b)(2) of this Paragraph are not adequate to control settleable solids, the staff shall establish effluent limits for settleable solids. Such effluent limitations for settleable solids shall be applicable only when the projected average solids concentration exceeds 5.0 ml/l and the limitations established shall lie within the range of 0.1 ml/l to 5.0 ml/l.
History Note: Authority G.S. 143-215; 143 215.1; 143-215.3(a)(1), (4);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; December 1, 1984; November 1, 1978; December 1, 1976;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0407 GUIDANCE FOR DETERMINING A NEW SOURCE
(a) A source shall be considered a new source by the Director if, on the date of publication of any applicable new source performance standard, construction has not commenced, as indicated by:
(1) significant site preparation work, such as major clearing or excavation;
(2) placement, assembly, or installation of facilities or equipment at the premises where such facilities or equipment will be used; except as provided in Paragraph (b) of this Rule;
(3) contractual obligation to purchase facilities or equipment whose value represents a substantial commitment to construct the facility, such as:
(A) structures;
(B) structural materials;
(C) machinery;
(D) process equipment; or
(E) construction equipment; or
(4) contractual obligation with a firm to design, engineer, and erect a completed facility (i.e., a turnkey plant).
(b) For the purposes of this Rule, the placement, assembly, or installation of facilities or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source does not indicate that construction has commenced.
(c) A modification to an existing source shall be considered a new source if the alteration is of such magnitude to, in effect, create a new facility. Only those portions of a facility determined to be a new source shall be required to achieve new source performance standards.
History Note: Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1), (4);
Eff. December 1, 1976;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0408 INCORPORATION BY REFERENCE
(a) The following sections of Title 40 of the Code of Federal Regulations (CFR) are incorporated by reference, including subsequent amendments and editions, and shall apply throughout this Section except where procedural details of the federal regulations differ from procedures adopted elsewhere in this Section, in which case these Rules shall apply. These regulations can be accessed free of charge at .
(1) 40 CFR 122.2, 124.2, and 125.2: Definitions;
(2) 40 CFR 122.4: Prohibitions):
(3) 40 CFR 122.5 (a) and (b): Effect of permit;
(4) 40 CFR 122.7 (b) and (c): Confidential information;
(5) 40 CFR 122.21 (a)-(b), (c)(2), (e)-(k), (m)-(p), (q), and (r): Application for a permit;
(6) 40 CFR 122.22: Signatories;
(7) 40 CFR 122.23: Concentrated animal feeding operations;
(8) 40 CFR 122.24: Concentrated aquatic animal production facilities;
(9) 40 CFR 122.25: Aquaculture projects;
(10) 40 CFR 122.26: Storm water discharges;
(11) 40 CFR 122.27: Silviculture;
(12) 40 CFR 122.28: General permits;
(13) 40 CFR 122.29 (a), (b), and (d): New sources and new dischargers;
(14) 40 CFR 122.30: NPDES stormwater regulations for small MS4s: objectives;
(15) 40 CFR 122.31: NPDES stormwater regulations: role of Tribes;
(16) 40 CFR 122.32: NPDES stormwater regulations for small MS4s: applicability;
(17) 40 CFR 122.33: NPDES stormwater regulations for small MS4s: application for permit;
(18) 40 CFR 122.34: NPDES stormwater regulations for small MS4s: permit requirements;
(19) 40 CFR 122.35: NPDES stormwater regulations for small MS4s: shared responsibilities;
(20) 40 CFR 122.36: NPDES stormwater regulations for small MS4s: compliance;
(21) 40 CFR 122.37: NPDES stormwater regulations for small MS4s: evaluation;
(22) 40 CFR 122.41 (a)(1) and (b) through (n): Applicable permit conditions;
(23) 40 CFR 122.42: Conditions applicable to specified categories of permits;
(24) 40 CFR 122.43: Establishing permit conditions;
(25) 40 CFR 122.44: Establishing NPDES permit conditions;
(26) 40 CFR 122.45: Calculating permit conditions;
(27) 40 CFR 122.46: Duration;
(28) 40 CFR 122.47 (a): Schedules of compliance;
(29) 40 CFR 122.48: Monitoring requirements;
(30) 40 CFR 122.50: Disposal into wells;
(31) 40 CFR 122.61: Permit transfer;
(32) 40 CFR 122.62: Permit modification;
(33) 40 CFR 122.64: Permit termination;
(34) 40 CFR 124.3 (a): Application for a permit;
(35) 40 CFR 124.5 (a), (c), (d), and (f): Modification of permits;
(36) 40 CFR 124.6 (a), (c), (d), and (e): Draft permit;
(37) 40 CFR 124.8: Fact sheets;
(38) 40 CFR 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e): Public notice;
(39) 40 CFR 124.11: Public comments and requests for hearings;
(40) 40 CFR 124.12 (a): Public hearings;
(41) 40 CFR 124.17 (a) and (c): Response to comments;
(42) 40 CFR 124.56: Fact sheets;
(43) 40 CFR 124.57 (a): Public notice;
(44) 40 CFR 124.59: Comments from government agencies;
(45) 40 CFR 124.62: Decision on variances;
(46) 40 CFR Part 125, Subparts A (Technology-Based Treatment Requirements), B (Aquaculture), D (Fundamentally Different Factors), H (Alternative Limitations, CWA Section 316(a)), I (Cooling Water Intake Structures, New Facilities, CWA Section 316(b)), J (Cooling Water Intake Structures, Existing Facilities, CWA Section 316(b)), M (Ocean Discharge Criteria), and N (Cooling Water Intake Structures, Offshore Oil and Gas Facilities, CWA Section 316(b));
(47) 40 CFR Parts 129 (Toxic Pollutant Effluent Standards) and 133 (Secondary Treatment Regulation), and Subchapter N (Effluent Guidelines and Standards);
(48) 40 CFR Parts 3 (Electronic Reporting) and 127 (NPDES Electronic Reporting);
(49) 40 CFR Part 136: Guidelines for establishing test procedures for the analysis of pollutants; and
(50) 40 CFR 401.15: List of toxic pollutants pursuant to CWA Section 307(a)(1).
(b) This Rule is not an exclusive list of federal regulations adopted by reference in this Section. Other rules of the Section incorporate some of these same federal regulations for clarity or emphasis and may incorporate additional regulations not listed in Paragraph (a) of this Rule.
History Note: Authority G.S. 143-211(c); 143-215.1(b)(4); 143B-282(5);
Eff. May 1, 2020.
SECTION .0500 - SURFACE WATER MONITORING: REPORTING
15A NCAC 02B .0501 PURPOSE
The purpose of this Section is to set forth requirements for monitoring and reporting the quantity and quality of wastewater discharges to, and their effects upon, the water resources of the state.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0502 SCOPE
This Section shall apply to all persons subject to the provisions of G.S. 143-215.1.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0503 DEFINITIONS
Unless the context otherwise requires, the terms used in this Section shall be as defined in G.S. 143-212 and 143-213; the federal Clean Water Act (33 U.S.C. 1251 et seq.); 40 CFR Parts 122, 124, and 125; and as follows:
(1) "Biological monitoring" shall mean the sampling or testing of the biological integrity of surface waters and measurements of impacts, including accumulations of pollutants in tissue, toxicity monitoring, and characterization of instream biological populations.
(2) "Classified water pollution control facility" means a treatment works classified by the Water Pollution Control System Operator Certification Commission pursuant to Chapter 90A of the North Carolina General Statutes as class I, class II, class III, or class IV facility, or such other classifications as the Water Pollution Control System Operator Certification Commission may hereafter adopt.
(3) "Commercial laboratory" means any laboratory that analyzes water samples for a fee.
(4) "Composite sample" means a sample gathered over a 24 hour period in such a manner as to result in a total sample that is representative of the wastewater discharge during the sample period. This sample may be obtained by methods set forth in this Item; however, the Director may designate the method to be used, the number and size of aliquots necessary, and the time interval between grab samples on a case-by-case basis to ensure a representative sample. Samples may be collected manually or automatically.
(a) Continuous - a single, continuous sample collected over a 24 hour period proportional to the rate of flow;
(b) Constant time/variable volume - a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection;
(c) Variable time/constant volume - a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system; or
(d) Constant time/constant volume - a series of grab samples of equal volume collected over a 24 hour period at a constant time interval. This method may be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24 hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director.
(5) "Daily" means every day on which a wastewater discharge occurs except Saturdays, Sundays and State and Federal holidays unless the Director determines that, due to variability in wastewater flows or characteristics or in treatment performance, it is necessary to also monitor on these days in order to characterize the discharge.
(6) "Design flow" means the average daily volume of wastewater that a water pollution control facility was designed, approved and constructed to treat.
(7) "Design treatment capability" means a water pollution control facility's capacity to achieve a specified degree of reduction in waste constituents or to control other characteristics at a specified design flow, such as required to meet specified discharge limits or removal efficiencies.
(8) "Director" means the Director of the Division of Water Resources or Division of Energy, Mineral and Land Resources, Department of Environmental Quality, whichever is the permitting authority; or his or her designee.
(9) "Division" means the Division of Water Resources or the Division of Energy, Mineral and Land Resources, Department of Environmental Quality, whichever is the permitting authority.
(10) "Domestic wastewater" means water-carried human wastes together with all other water-carried wastes normally present in wastewater from non-industrial processes.
(11) "Downstream" means locations in the receiving waters below a point of waste discharge after a reasonable opportunity for dilution and mixture as specified in 15A NCAC 02B .0204.
(12) "Effluent" means wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated.
(13) "Flow" means the total volume of wastewater discharged from an outlet during any given period.
(14) "Grab sample" means an individual discrete sample collected over a period of time not exceeding 15 minutes. Samples of this type must be representative of the discharge or the receiving waters.
(15) "Industrial establishment" means any manufacturing, business, commercial, or governmental enterprise that produces water carried wastes.
(16) "Influent" means the wastewater entering a water pollution control facility.
(17) "Monitoring" means a program of sample collection, analysis, and observation sufficient to quantify the characteristics of waste streams, treatment plant operations, and environmental impacts.
(18) "North American Industry Classification System" (NAICS) code means those six-digit numeric designations used to classify business establishments according to the processes employed to produce goods or services. For the purposes of this Section, each industry or unit of government shall be classified by NAICS codes applicable to each activity carried on by such establishment or unit that results in a discharge of wastewater. Any industrial establishment or unit of government that collects or discharges domestic sewage shall be classified as NAICS number 221320 in addition to any other classifications that apply. The North American Industry Classification System Manual, as used in this Section, is hereby incorporated by reference, including any subsequent amendments and editions. The manual may be accessed free of charge at .
(19) "Point source" means any discernible, confined, and discrete conveyance, including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which waste is or may be discharged to the waters of the state.
(20) "Quarterly" means occurring four times during a 12-month period at a frequency of once per each interval of three consecutive months.
(21) "Quarterly Average" means the average of all samples taken over a quarterly period.
(22) "Sample" means a representative portion of the wastewater from water pollution control facilities or of receiving waters.
(23) "Standard Industrial Classification" (SIC) code means those four-digit numerical designations set forth in "The Standard Industrial Classification Manual," classifying industries according to the type of activity (relating to major products manufactured or principle services furnished) in which they are engaged. For the purposes of this Section, each industry or unit of government shall be classified by SIC numbers applicable to each activity carried on by such establishment or unit that results in a discharge of wastewater. Any industrial establishment or unit of government that collects or discharges domestic sewage shall be classified as SIC number 4952 in addition to any other classifications that apply. The Standard Industrial Classification Manual, as used in this Section, is hereby incorporated by reference, including any subsequent amendments and editions. A copy is available for inspection at the central office of the Division of Water Resources, 512 North Salisbury Street, Raleigh, North Carolina. The classifications found in the manual may also be accessed free of charge at .
(24) "Storet number" means a number that designates a test or measurement according to the analytical procedure used or a method of measurement and units of measurement. Storet is an acronym for the water quality data storage and retrieval computer system of the Environmental Protection Agency.
(25) "Toxic substances" means any substance, or combinations of substances, including disease-causing agents, that, after discharge, and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression of reproduction or growth) or physical deformities in such organisms or their offspring, or other adverse health effects.
(26) "Toxicity monitoring" means controlled toxicity testing procedures employed to measure lethality or other harmful effects as measured by either aquatic populations or indicator species used as test organisms from exposure to a specific chemical or mixture of chemicals (as in an effluent) or ambient stream conditions.
(27) "Unit of government" means any incorporated city, town or village, county, sanitary district, metropolitan sewerage district, water or sewer authority, special purpose district, other municipality, or any agency, board, commission, department or political subdivision or public corporation of the State empowered pursuant to applicable laws to provide wastewater collection systems or wastewater treatment works.
(28) "Upstream" means locations in the receiving waters near but above a point of wastewater discharge and unaffected by the discharge.
(29) "Water pollution control facilities" or "facility" means "treatment works" as defined in G.S. 143-213.
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. April 1, 1993; December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0504 CLASSIFICATION OF WASTE SOURCES
(a) All persons subject to the requirements of these Rules shall determine the standard industrial classification (SIC) number or North American Industry Classification System number or both, as specified on its permit application forms at time of application or upon the request of the Director, for each type of manufacturing, service, or activity in which they are engaged, by reference to the applicable classification manuals.
(b) SIC number 4952 and NAICS number 221320 apply to every industrial establishment or unit of government that collects or discharges domestic wastewater, whether from on-premises bathrooms, restrooms, kitchens, dining rooms, water pollution control facilities, or from any other source.
(c) The owner or operator of every water pollution control facility that receives a wastewater influent from more than one source shall determine and report on its NPDES permit application, required per 15A NCAC 02B .0105, the name and industrial classification number(s) for each applicable activity(ies) of every industrial establishment contributing wastes containing toxic substances, in toxic quantities, and also every industrial establishment contributing an average daily wastewater influent of one percent or more of the design flow of the facility or in excess of 100,000 gallons per day, whichever is less, and shall report such other information as is required by Rule .0505 of this Section; provided; however, that it is not required that the name and SIC or NAICS number of any source contributing domestic sewage influent only be reported hereunder.
(d) The average daily influent volume contributed by any one source may be computed by dividing the total volume of wastewater discharged by the source during the reporting year by the total number of days that the source operated during the reporting year.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. April 1, 1993; December 1, 1984; November 1, 1978;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0505 MONITORING REQUIREMENTS
(a) General. Every person subject to this Section ("permittee") shall establish, operate, and maintain a monitoring program consistent with its National Pollutant Discharge Elimination System (NPDES) Permit or as otherwise required by the Director to characterize its wastestreams and receiving waters, evaluate treatment performance, and determine compliance with permit conditions and applicable water quality standards.
(b) Wastewater and Stream Flow Measurement.
(1) Wastewater Flows.
(A) Every permittee shall install, operate, and maintain continuous flow measuring devices with recording or totalizing capabilities for each wastewater discharge, whether treated or untreated, for which monitoring and reporting requirements are specified in its permit; except as provided in Part (C) of this Subparagraph.
(B) The permittee shall install appropriate flow measurement devices consistent with approved engineering and scientific practices to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true discharge volumes. Flow measurement devices and their locations shall be subject to approval by the Director prior to their installation, in accordance with these requirements and 15A NCAC 02H .0138.
(C) On a case-by-case basis, the Director may approve the use of alternative flow measurement or flow control methods if such methods are reliable and sufficiently accurate to meet the aims of Paragraph (a) of this Rule.
(D) Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Records of flow measurement device calibration shall be kept on file by the permittee for a period of at least three years. At a minimum, these records shall include the date of flow measurement device calibration and name of the person performing the calibration;
(2) Instream Flows. A reading of the U.S. Geological Survey stream flow staff gauge or reference point shall be made at the time of stream sampling in those instances so determined the Director.
(c) Sampling.
(1) Frequency and Location. Except as otherwise provided in this Rule, all industrial establishments and units of government shall take influent, effluent, and stream samples at such locations and with such frequency as shall be necessary to conduct the tests and analyses required by Rule .0508 of this Section.
(2) Establishment of Sampling Points:
(A) Sampling points as required in Rule .0508 of this Section shall be established for collecting influent and effluent samples for each facility.
(B) Sampling points shall be established in the receiving waters at one or more upstream locations and at one or more downstream locations. These locations shall be specified by the Director to ensure that upstream samples represent instream conditions prior to and subsequent to the wastewater discharge, respectively.
(3) Collection of Samples:
(A) Samples collected in receiving waters shall be grab samples.
(B) Samples of the influent and effluent of the water pollution control facility or other point source shall be composite samples, except as provided in Part (C) of this Subparagraph. Samples for facilities with design flows of 30,000 gallons per day or less shall be grab samples unless the Director determines that, due to such factors as the variability of the discharge or its potential for impacts on the receiving stream, composite samples are necessary to characterize the discharge. The Director may specify the type of sample and type of composite sampling required, in order to obtain representative samples.
(C) The following influent and effluent tests shall be made on grab samples and shall not be made on composite samples:
(i) dissolved oxygen;
(ii) temperature;
(iii) settleable matter;
(iv) turbidity;
(v) pH;
(vi) residual chlorine;
(vii) coliform bacteria (fecal or total);
(viii) cyanide;
(ix) oil and grease;
(x) sulfides;
(xi) phenols; and
(xii) volatile organics;
(4) Stream sampling may be discontinued at such times as flow conditions in the receiving waters or weather conditions present a substantial risk of injury or death to persons collecting samples. In such cases, on each day that sampling is discontinued, written justification for the discontinuance shall be specified in the monitoring report for the month in which the event occurred. This provision shall be strictly construed and shall not be utilized to avoid the requirements of this Section when performance of these requirements is attainable. When there is a discontinuance pursuant to this provision, stream sampling shall be resumed at the first opportunity after the risk period has ceased.
(d) Biological and Toxicity Monitoring. Biological and Toxicity monitoring may be required when such monitoring is necessary to establish whether the designated best use of the waters is being or may be impaired or when toxic substances are known or suspected to be present in the facility's discharge.
(e) Tests and Analyses.
(1) If a water pollution control facility receives waste influent from two or more sources, every test required by Rule .0508 of this Section for the standard industrial classification number applicable to the sources shall be performed one time, and it shall not be necessary to repeat such tests for each source; however, the tests shall be performed at the intervals specified by Rule .0508 of this Section for the applicable industrial classification requiring the most frequent test interval.
(2) If analyses of samples of any effluent or any receiving water (collected by the State or a public agency) indicate a violation of effluent limitations or water quality standards or that a violation of water quality standards may result under any projected conditions, including minimum stream flow and temperature extremes, the Director may require the person responsible for the violation or potential violation to monitor the pollutants or parameters at such points and with such frequency as he or she deems necessary and appropriate to characterize the effluent or receiving water, any real or projected violations, and the frequency and duration of such violations. If the source of the pollutant is unknown, the Director may require monitoring for specific pollutants from any suspected discharger.
(3) If the wastewaters discharged by any water pollution control facility violate any effluent limitations or water quality standards or contribute to the violation of water quality standards established by the Environmental Management Commission, the facility shall perform and report such additional tests and measurements at such frequencies and for such periods of time as the Director may require.
(4) Approved Methods of Analysis.
(A) Methods. The methods used in collection, preservation, and analysis of samples shall conform to the guidelines of the Environmental Protection Agency codified as 40 CFR Part 136, which is hereby incorporated by reference including any subsequent amendments and editions. These regulations can be accessed free of charge at . Other analytical procedures shall conform to those found in either the most recent edition of "Standard Methods for the Examination of Water and Wastewater" (Standard Methods) approved by the EPA, (published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation), or "Methods for Chemical Analysis of Waters and Wastes" (Methods for Chemical Analysis), or other methods as approved by the Director. Standard Methods for the Examination of Water and Wastewater is hereby incorporated by reference including any subsequent approved amendments and approved editions. The Standard Methods may be viewed free of charge at . Methods for Chemical Analysis of Waters and Wastes is hereby incorporated by reference including any subsequent amendments and editions. These methods (document EPA-600-4-79-020) can be accessed free of charge at .
(B) Method Sensitivity. Monitoring required for permit application or to determine compliance with effluent limitations or applicable water quality standards shall be performed using sufficiently sensitive methods in accordance with 40 CFR 122.21(e)(3) or 122.44(i), which are hereby incorporated by reference, including any subsequent amendments and editions. Biological testing shall be performed in accordance with 15A NCAC 02B .0103(b).
(5) Approval of Laboratories. Analytical determinations made pursuant to the requirements of this Section shall be made in adequately equipped laboratories staffed by person(s) competent to perform tests. Only monitoring programs that provide for the making of analytical determinations by qualified employees of the owner or by a laboratory certified by the Division under 15A NCAC 02H .0800 or 15A NCAC 02H .1100 shall be considered adequate.
(f) Process Control Monitoring Testing: The Director may require, on a case-by-case basis, process control monitoring testing suitable for the size and classification of the facility if necessary to evaluate the performance of the treatment facility or its unit processes.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. April 1, 1993; December 1, 1984; November 1, 1978;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0506 REPORTING REQUIREMENTS
(a) General:
(1) Discharge Monitoring Reports. Every person subject to this Section shall file certified monitoring reports setting forth the results of tests and measurements conducted pursuant to NPDES permit monitoring requirements.
(A) Monthly monitoring reports shall be filed no later than 30 calendar days after the end of the reporting period for which the report is made.
(B) Reports filed pursuant to the requirements of Subparagraph (a)(1) of this Rule shall be submitted in a manner consistent with the requirements of 40 CFR Parts 3 and 127, which are hereby incorporated by reference including subsequent amendments and additions. Where submittal of monitoring reports on printed forms is allowed, such submittals shall be made on EPA Form 3320-1 (available at at no charge), DWR Form MR-1 (available at at no charge), or a substantially equivalent format approved by the Director and shall be submitted in duplicate to:
ATTN: CENTRAL FILES
DIVISION OF WATER RESOURCES
MAIL SERVICE CENTER 1617
RALEIGH, NORTH CAROLINA 27699-1617
(C) A copy of all printed reports submitted to the Director pursuant to this Section shall be retained by the owner of each permitted facility for a period of at least three years from the date of submission and shall be available on-site for inspection by the Division.
(D) In order to document information contained in reports submitted to the Director pursuant to this Section, the owner of each pollution control facility shall retain or have readily available for inspection by the Division the following items for a period of at least three years from report submission:
(i) the original laboratory reports from any certified laboratory utilized for sample analysis. Such reports must be signed by the laboratory supervisor, and must indicate the date and time of sample collection and analysis, and the analysts' name;
(ii) bench notes and data logs for sample analyses performed by the pollution control facility staff or operator in responsible charge, whether or not the facility has a certified lab; and
(iii) copies of all process control testing.
(E) In situations where no discharge has occurred from the facility during the report period, the permittee shall submit a monthly monitoring report giving all required information and indicating "NO FLOW" unless the Director agrees to waive the reporting requirement during extended conditions of no discharge.
(2) Incident Reports: 24-Hour Telephone Report.
(A) Every person subject to this Section shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible but no later than 24 hours after occurrence or on the next working day following the occurrence or first knowledge of the occurrence of any of the following:
(i) any failure of a collection system, pumping station, or treatment facility resulting in a by-pass without treatment of all or any portion of the wastewater;
(ii) any occurrence at the water pollution control facility that results in the discharge of wastes that are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester or the known passage of a hazardous substance through the facility; or
(iii) any process unit failure, due to known or unknown reasons, that renders the facility incapable of providing sufficient wastewater treatment to comply with permit requirements, such as might be caused by mechanical or electrical failures of pumps, aerators, compressors, etc.;
except that if the occurrence is one that may endanger the public health or fish or wildlife, and if contact with the central office or the appropriate regional office cannot be made, such person shall report as soon as possible to the NC Emergency Operations Center 24/7 at 1-800-858-0368 (toll-free) or 919-733-3300.
(B) The report shall provide, at a minimum, the following information in addition to the general information required in Subparagraph (a)(4) of this Rule:
(i) identity of the caller;
(ii) description of the incident;
(iii) location, date and time of the incident;
(iv) nature and estimated quantity of spill or release, if pertinent;
(v) duration and expected duration of the incident, if pertinent;
(vi) estimated nature and extent of environmental damage caused by the incident;
(vii) steps taken or anticipated in response to the incident.
(3) Incident Reports: 5-Day Written Report. Persons reporting such occurrences by telephone shall also provide a written report to the Division in letter or electronic form setting out the information required in Subparagraphs (a)(2) and (a)(4) of this Rule and pertinent information pertaining to the occurrence. This report must be received by the Division within five days following first knowledge of the occurrence.
(4) All reports required to be filed by this Section shall contain the following information in addition to such other information as is required for the particular report:
(A) name of facility;
(B) water pollution control facility location;
(C) the class assigned to the water pollution control facility;
(D) the water pollution control facility permit number assigned by the Department of Environmental Quality to the permit or other approval document issued by the Environmental Management Commission under which the discharge is made; and
(E) contact name, telephone number, email address, and mailing address; and
(5) Any person desiring confidentiality for any influent information submitted shall specify the influent information for which confidentiality is sought and shall justify such request to the Department of Environmental Quality, and, if such request is approved by the Director in accordance with G.S. 143-215.3C and 15A NCAC 02H .0115, shall by an appropriate stamp indicate the location of such information on each report filed thereafter.
(b) Monthly Monitoring Reports:
(1) Every person operating a monitoring system required by this Section shall file a monitoring report once each month that includes the data for the samples collected during the month. This report shall be filed no later than 30 calendar days after the end of the reporting period for which the report is made.
(2) Monthly monitoring reports shall be reviewed, compliance status determined, certified by signature, and submitted by the following:
(A) for a corporation: by a responsible corporate officer. For the purpose of the Section, a responsible corporate officer means:
(i) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to ensure long term compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents had been assigned or delegated to the manager in accordance with corporate procedures.
(B) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
(C) for a municipality, State, Federal, County, or other public agency: by either a principal executive officer or ranking elected official; or
(D) a duly authorized representative of the person described in Paragraphs (b)(2)(A), (B) and (C). A person is a duly authorized representative only if:
(i) the authorization is made in writing by a person described in Paragraphs (b)(2)(A), (B) and (C);
(ii) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, or superintendent; or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
(iii) the written authorization is submitted to the permitting authority. A permittee authorizing another individual to sign as representative in no way relinquishes any responsibility for the permit or his responsibility to remain familiar with the permit conditions and limits, including any modifications, and for the compliance data reports for the permit.
(E) Certification by Signature. The permittee signing the report shall certify to the following statement: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The monthly report shall also be certified by the operator in responsible charge of a classified treatment facility or by the manager of an industrial establishment that has a point source of waste discharge and that does not have a classified water pollution control facility.
(3) In addition to the information required on all reports as set forth in Subparagraph (a)(4) of this Rule, the following information shall be submitted in monthly monitoring reports:
(A) name of person or group collecting sample or making observation;
(B) name of person or group that analyzed sample;
(C) name of operator in responsible charge of the facility and the grade certificate held;
(D) sampling point for each sample;
(E) date and time (on 2400 hour clock basis) at which each grab sample was collected;
(F) for composite samples:
(i) date on which collection of composite samples is commenced; and
(ii) time of starting and ending of composite sample period on 2400 hour clock basis;
(G) wastewater flow in million gallons per day (MGD), or in units specified in the permit;
(H) results of analyses (reported to the designated number of figures with a properly placed decimal point as indicated on each report sheet) together with the proper storet number (to be furnished by the Division) for the analytical procedure used and the reporting units shall be those specified by the NPDES permit or current enforcement document, unless modified by the Director;
(I) only numeric values shall be accepted in reporting results of fecal coliform testing. The reporting of "too numerous to count" (TNTC) as a value shall constitute a violation;
(J) the results of all tests on the characteristics of the effluent, including but not limited to NPDES Permit Monitoring Requirements, shall be reported on monthly report forms in accordance with Subparagraph (a)(1) of this Rule.
(K) the monthly average of analysis for each parameter and the maximum and minimum values for the month shall be reported; and
(L) certification by the Operator in Responsible Charge (ORC) that, in accordance with 15A NCAC 08G .0200, the report is accurate and complete and he or she has performed and documented the required visitation and process control.
(c) Additional Monitoring and Reporting Requirements:
(1) When a facility is operated on an independent contract basis, the operator in responsible charge shall, in accordance with 15A NCAC 08G .0900, notify the owner of the facility in writing of any existing or anticipated conditions at the facility that may interfere with its proper operation and that need corrective action by the owner. The notice shall include recommendations for corrective action.
(2) Two printed copies, or an electronic copy, of the signed notice to the owner shall be sent to the Division no later than the next monthly monitoring report.
(3) A log demonstrating visitation at the proper frequency for the assigned classification, in accordance with 15A NCAC 08G .0204, including dates and times of visits and documentation of proper process control monitoring, shall be maintained and shall be submitted to the Division upon request. Copies of all information must be available for inspection for a period of three years.
(d) All information submitted shall be classified as public information unless determined otherwise by the Director in accordance with 15A NCAC 02H .0115.
History Note: Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. August 2, 1993; April 1, 1993; December 1, 1984; November 1, 1978;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0507 IMPLEMENTATION
History Note: Authority G.S. 143-215.68; 143-215.64 to 143-215.66;
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. December 1, 1984.
15A NCAC 02B .0508 TESTS AND MEASUREMENTS APPLICABLE TO SICS
(a) Determination of Type and Frequency of Tests and Measurements:
(1) Introduction. The tables set forth in this Rule are designed to indicate, for any particular water pollution control facility or point source, the minimum standard tests and measurements that are to be performed, the minimum frequency with which the tests and measurements are to be conducted, and the location and minimum number of sampling points that are required.
(2) Determination of Facility Class and SIC Numbers. Before the tables set forth in this Rule may be applied, the standard industrial classification(s) of the activities discharging to the water pollution control facility must be determined from The Standard Industrial Classification (SIC) Manual. The classification of the facility as determined by the Water Pollution Control System Operators Certification Commission, must also be known.
(b) Modification of Test(s) or Measurement(s) Requirements:
(1) If any of the tests and measurements, sampling points, or frequency of sampling requirements, as required in this Rule for a particular SIC group, are not applicable to the discharge of a particular water pollution control facility, or if it can be demonstrated that the objectives of this Section can be achieved by other acceptable means, then such requirements may be waived or modified to the extent that the Director determines to be appropriate.
(2) In addition to the tests and measurements as listed in this Rule applicable to each of the SIC groups, persons subject to this Section may be required to perform such additional tests and measurements at such sampling points and with such frequency as are determined by the Director to be necessary to characterize constituents of the waste discharge and their effect upon the receiving waters. This monitoring may include but not be limited to weekends and holidays to ensure representative sampling and proper operation and maintenance of any facility.
(c) Unclassified Activities:
(1) Any person owning or operating a water pollution control facility who determines that a major SIC group(s) is not listed in this Rule for an activity subject to this Section shall so notify the Division.
(2) The Director shall prescribe on a case-by-case basis the number and location of sampling points and the frequency with which tests and measurements must be made to characterize the quantity or quality of waste discharges resulting from any activity subject to this Section that is not included in the major SIC groups set forth in this Rule and to characterize the effects of the discharges upon the waters of this state.
(d) Index of Major Standard Industrial Groups:
SIC Number Major Products or Services
1400-1499 Mining
2000-2199 Food, Beverage and Tobacco Processing
2200-2299 Textile Processing
2400-2599 Lumber and Wood Products Except Wet Decking
2600-2699 Paper and Allied Products
2800-2899 Chemical and Allied Products
2900-2999 Petroleum Refining and Related Industries
3100-3199 Leather and Leather Products
3400-3699 Fabricated Metal Products Except Ordnance, Machinery and Transportation Equipment
Machinery Electrical Machinery, Equipment and Supplies
4900-4939 Electric, and Gas Services
4941 Water Supply
4952 Wastewater and all facilities discharging primarily domestic wastewater
7000-8999 Services
Abbreviations for sampling locations and frequencies to be used with SIC monitoring requirements:
"I" means influent "E" means effluent "U" means upstream "D" means downstream
"2/month" means samples are collected twice per month with a required 10 day interval between the collection of the samples
"3/week" means samples are collected three times per week on three separate days
MINING
MINIMUM REQUIREMENTS FOR SIC 1400-1499
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |Turbidity |E |Monthly |Monthly |Monthly |Monthly |
|2. |Settleable Matter |E |Monthly |Monthly |Monthly |Monthly |
|3. |TSS |E |Monthly |Monthly |Monthly |Monthly |
|4. |pH |E |Monthly |Monthly |Monthly |Monthly |
|5. |Toxics and Toxicity | |** |** |** |** |
FOOD AND BEVERAGE PROCESSING AND TOBACCO PROCESSING
MINIMUM REQUIREMENTS FOR SIC 2000-2199
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |Ammonia Nitrogen |E |Monthly |2/month |Weekly |Weekly |
|6. |Total Nitrogen |E |* |* |* |* |
|7. |Total Phosphorus |E |* |* |* |* |
|8. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |Ammonia Nitrogen |E |2/month |Weekly |3/week |Daily |
|9. |Total Nitrogen |E |* |* |* |* |
|10. |Total Phosphorus |E |* |* |* |* |
|11. |Toxics and Toxicity | |** |** |** |** |
|12. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|13. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
TEXTILE PROCESSING
MINIMUM REQUIREMENTS FOR SIC 2200-2299
EFFLUENT LIMITED
|REQUIRED TEST |LOCATION |FREQUENCY |
| | |CLASS |CLASS |CLASS |CLASS |
| | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |COD |E |2/month |Weekly |3/week |Daily |
|5. |TSS |E |2/month |Weekly |3/week |Daily |
|6. |Total Nitrogen |E |* |* |* |* |
|7. |Total Phosphorus |E |* |* |* |* |
|8. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | |CLASS |CLASS |CLASS |CLASS |
| | |I |II |III |IV |
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |COD |E |2/month |Weekly |Weekly |Weekly |
|8. |TSS |E |2/month |Weekly |3/week |Daily |
|9. |Total Nitrogen |E |* |* |* |* |
|10. |Total Phosphorus |E |* |* |* |* |
|11. |Toxics and Toxicity | |** |** |** |** |
|12. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|13. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
LUMBER AND WOOD PRODUCTS (EXCLUDING WET DECKING)
MINIMUM REQUIREMENTS FOR SIC 2400-2599
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |COD |E |Monthly |2/month |Weekly |3/week |
|5. |Total Phenols |E |2/month |Weekly |3/week |Daily |
|6. |TSS |E |2/month |Weekly |3/week |Daily |
|7. |Total Nitrogen |E |* |* |* |* |
|8. |Total Phosphorus |E |* |* |* |* |
|9. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, 0C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, 0C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 200C |E |2/month |Weekly |3/week |Daily |
|7. |COD |E |2/month |Weekly |3/week |Daily |
|8. |Total Phenols |E |2/month |Weekly |3/week |Daily |
|9. |TSS |E |2/month |Weekly |3/week |Daily |
|10. |Total Nitrogen |E |* |* |* |* |
|11. |Total Phosphorus |E |* |* |* |* |
|12. |Toxics and Toxicity | |** |** |** |** |
|13. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|14. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
PAPER AND ALLIED PRODUCTS
MINIMUM REQUIREMENTS FOR SIC 2600-2699
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |Total Nitrogen |E |* |* |* |* |
|6. |Total Phosphorus |E |* |* |* |* |
|7. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |Total Nitrogen |E |* |* |* |* |
|9. |Total Phosphorus |E |* |* |* |* |
|10. |Toxics and Toxicity | |** |** |** |** |
|11. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|12. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
CHEMICAL AND ALLIED PRODUCTS
MINIMUM REQUIREMENTS FOR SIC 2800-2899
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |Total Nitrogen |E |* |* |* |* |
|6. |Total Phosphorus |E |* |* |* |* |
|7. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |Total Nitrogen |E |* |* |* |* |
|9. |Total Phosphorus |E |* |* |* |* |
|10. |Toxics and Toxicity | |** |** |** |** |
|11. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|12. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
PETROLEUM REFINING AND RELATED INDUSTRIES
MINIMUM REQUIREMENTS FOR SIC 2900-2999
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |Total Phenols |E |2/month |Weekly |3/week |Daily |
|6. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|7. |Total Nitrogen |E |* |* |* |* |
|8. |Total Phosphorus |E |* |* |* |* |
|9. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |Total Phenols |E |2/month |Weekly |3/week |Daily |
|9. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|10. |Total Nitrogen |E |* |* |* |* |
|11. |Total Phosphorus |E |* |* |* |* |
|12. |Toxics and Toxicity | |** |** |** |** |
|13. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|14. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
LEATHER AND LEATHER PRODUCTS
MINIMUM REQUIREMENTS FOR SIC 3100-3199
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |COD |E |2/month |Weekly |Weekly |Daily |
|6. |Ammonia Nitrogen |E |Monthly |Weekly |Weekly |Weekly |
|7. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|8. |Turbidity |E |Weekly |3/week |Daily |Daily |
|9. |Total Nitrogen |E |* |* |* |* |
|10. |Total Phosphorus |E |* |* |* |* |
|11. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |COD |E |2/month |Weekly |3/week |Daily |
|9. |Ammonia Nitrogen |E |2/month |Weekly |3/week |Daily |
|10. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|11. |Turbidity |E |Weekly |Weekly |3/week |Daily |
|12. |Total Nitrogen |E |* |* |* |* |
|13. |Total Phosphorus |E |* |* |* |* |
|14. |Toxics and Toxicity | |** |** |** |** |
|15. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|16. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
FABRICATED METAL PRODUCTS EXCEPT ORDINANCE: MACHINERY AND TRANSPORTATION EQUIPMENT MACHINERYELECTRICAL MACHINERY, EQUIPMENT AND SUPPLIES
MINIMUM REQUIREMENTS FOR SIC 3400-3699
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|4. |Total Nitrogen |E |* |* |* |* |
|5. |Total Phosphorus |E |* |* |* |* |
|6. |Toxics and Toxicity | |** |** |** |** |
|7. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |pH |E |Weekly |Weekly |3/week |Daily |
|3. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|4. |Oil and Grease |E |2/month |Weekly |3/week |Daily |
|5. |Total Nitrogen |E |* |* |* |* |
|6. |Total Phosphorus |E |* |* |* |* |
|7. |Toxics and Toxicity | |** |** |** |** |
ELECTRICAL AND GAS SERVICES
MINIMUM REQUIREMENTS FOR SIC 4900-4939
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |Weekly |Weekly |
|2. |Temperature, (C |E |Weekly |Weekly |Weekly |Weekly |
|3. |Total Nitrogen |E |* |* |* |* |
|4. |Total Phosphorus |E |* |* |* |* |
|5. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |Weekly |Weekly |
|2. |pH |E |Weekly |Weekly |Weekly |Weekly |
|3. |Temperature, (C |E |Weekly |Weekly |Weekly |Weekly |
|4. |Total Nitrogen |E |* |* |* |* |
|5. |Total Phosphorus |E |* |* |* |* |
|6. |Toxics and Toxicity | |** |** |** |** |
Note: The following monitoring for steam electric generating establishments discharging once through cooling water or cooling tower blowdown shall be required whether or not the discharge is from a classified facility.
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |Temperature, (C |E |Cont. |Cont. |Cont. |Cont. |
|2. |Temperature, (C |U, D |3/week+ |3/week+ |3/week+ |3/week+ |
|3. |Flow | |Continuous |Continuous |Continuous |Continuous |
| | | |during |during |during |during |
| | | |discharge |discharge |discharge |discharge |
WATER SUPPLY PLANTS
MINIMUM REQUIREMENTS FOR SIC 4941
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |Settleable Solids |E |Weekly |Weekly |Weekly |Weekly |
|2. |TSS |E |2/month |2/month |2/month |2/month |
|3. |Turbidity |E |Weekly |Weekly |Weekly |Weekly |
|4. |pH |E |Weekly |Weekly |Weekly |Weekly |
|5. |Chloride |E |Weekly |Weekly |Weekly |Weekly |
DOMESTIC WASTEWATER AND OTHER FACILITIES DISCHARGING PRIMARILY DOMESTIC
MINIMUM REQUIREMENTS FOR SIC 4952
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |2/month |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |I,E |2/month |Weekly |3/week |Daily |
|4. |TSS |I,E |2/month |Weekly |3/week |Daily |
|5. |Ammonia Nitrogen |E |Monthly |2/month |Weekly |3/week |
|6. |Fecal Coliform |E |2/month |Weekly |3/week |Daily |
|7. |Total Nitrogen |E |* |* |* |* |
|8. |Total Phosphorus |E |* |* |* |* |
|9. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |2/month |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Daily |Daily |Daily |Daily |
|5. |Temperature, (5 |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |I,E |2/month |Weekly |3/week |Daily |
|7. |TSS |I,E |2/month |Weekly |3/week |Daily |
|8. |Ammonia Nitrogen |E |2/month |Weekly |3/week |Daily |
|9. |Residual Chlorine |E |2/week |2/week |3/week |Daily |
|10. |Fecal Coliform |E |2/month |Weekly |3/week |Daily |
|11. |Fecal Coliform |U,D |2/month |Weekly |3/week+ |3/week+ |
|12. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|13. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
|14. |Total Nitrogen |E |* |* |* |* |
|15. |Total Phosphorus |E |* |* |* |* |
|16. |Toxics and Toxicity | |** |** |** |** |
SERVICES
MINIMUM REQUIREMENTS FOR SIC 7000-8999
EFFLUENT LIMITED
| |REQUIRED TEST |LOCATION |FREQUENCY |
| | | |CLASS |CLASS |CLASS |CLASS |
| | | |I |II |III |IV |
|1. |pH |E |Weekly |Weekly |3/week |Daily |
|2. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|3. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|4. |TSS |E |2/month |Weekly |3/week |Daily |
|5. |Ammonia Nitrogen |E |Monthly |2/month |Weekly |3/week |
|6. |Detergents (MBAS) |E |2/month |Weekly |3/week |Daily |
|7. |Fecal Coliform |E |2/month |Weekly |3/week |Daily |
|8. |Total Nitrogen |E |* |* |* |* |
|9. |Total Phosphorus |E |Monthly |2/month |Weekly |3/week |
|10. |Toxics and Toxicity | |** |** |** |** |
WATER QUALITY LIMITED
|1. |Dissolved Oxygen |E |Weekly |Weekly |3/week |Daily |
|2. |Dissolved Oxygen |U,D |Weekly |Weekly |3/week+ |3/week+ |
|3. |pH |E |Weekly |Weekly |3/week |Daily |
|4. |Temperature, (C |E |Weekly |Weekly |3/week |Daily |
|5. |Temperature, (C |U,D |Weekly |Weekly |3/week+ |3/week+ |
|6. |BOD, 5-day, 20(C |E |2/month |Weekly |3/week |Daily |
|7. |TSS |E |2/month |Weekly |3/week |Daily |
|8. |Ammonia Nitrogen |E |Monthly |2/month |Weekly |3/week |
|9. |Detergents (MBAS) |E |2/month |Weekly |3/week |Daily |
|10. |Fecal Coliform |E |2/month |Weekly |3/week |Daily |
|11. |Total Nitrogen |E |* |* |* |* |
|12. |Total Phosphorus |E |* |* |* |* |
|13. |Toxics and Toxicity | |** |** |** |** |
|14. |Conductivity |E |Weekly |Weekly |3/week |Daily |
|15. |Conductivity |U,D |Weekly |Weekly |3/week+ |3/week+ |
+ Upstream and Downstream monitoring in water quality limited waters is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year.
* Total Nitrogen and Phosphorus Monitoring
(1) Monitoring Requirements
(A) All facilities equal to or greater than 50,000 gpd, shall monitor for total N and P.
(B) Facilities less than 50,000 gpd shall monitor for total N and P when discharging into nutrient sensitive waters as designated by the Division.
(2) Monitoring frequency for total N and P is based on river subbasins in two separate areas of the state as follows:
(A) Western area includes the French Broad, Broad, Savannah, New, Watauga, Little Tennessee, and Hiwassee:
Facility Design Capacity: Frequency
(i) 50,000 gpd or higher Semi-annually
(ii) 1,000,000 gpd or higher Quarterly.
(B) Piedmont and Eastern area includes the Catawba, Lumber, Yadkin, Cape Fear, Chowan, Neuse, Pasquotank, Roanoke, Tar-Pamlico, and White Oak:
Facility Design Capacity Frequency
(i) 50,000 gpd or higher Quarterly
(ii) 1,000,000 gpd or higher Monthly.
(3) Definition for Total Nitrogen and Total Phosphorus:
(A) Total Nitrogen shall be the sum of total Kjeldahl nitrogen, nitrate nitrogen, and nitrite nitrogen expressed as "N" in milligrams per liter (mg/L).
(B) Total Phosphorus shall include all orthophosphates and condensed phosphates, both dissolved and particulate, organic and inorganic, expressed as "P" in milligrams per liter (mg/L).
** Specific test type, conditions, and limitations shall be defined by permit. Toxicity limits shall be applied to all major discharges and all discharges of complex wastewater. Toxicity limitations and monitoring requirements may be applied to permits for other discharges when such discharge may impair the best use of the receiving water by the discharge of toxic substances in toxic amounts.
Specific frequency shall be defined by individual permit conditions. For most facilities with continuous and regularly occurring discharges, frequency will be defined as a minimum of quarterly.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.64; 143-215.65; 143-215.66;
Eff. February 1, 1976;
Amended Eff. April 1, 1993; December 1, 1984; November 1, 1978;
Readopted Eff. May 1, 2020.
15A NCAC 02B .0509 PENALTIES
15A NCAC 02B .0510 SEVERABILITY
History Note: Authority G.S. 143-215.68; 143-215.69;
Eff. February 1, 1976;
Repealed Eff. December 1, 1984.
15A NCAC 02B .0511 INCORPORATION BY REFERENCE
(a) The following sections of Title 40 of the Code of Federal Regulations (CFR) are incorporated by reference, including subsequent amendments and editions, and shall apply throughout this Section except where procedural details of the federal regulations differ from procedures adopted elsewhere in this Section, in which case these Rules shall apply. These regulations can be accessed free of charge at .
(1) 40 CFR 122.2, 124.2, and 125.2: Definitions;
(2) 40 CFR 122.4: Prohibitions):
(3) 40 CFR 122.5 (a) and (b): Effect of permit;
(4) 40 CFR 122.7 (b) and (c): Confidential information;
(5) 40 CFR 122.21 (a)-(b), (c)(2), (e)-(k), (m)-(p), (q), and (r): Application for a permit;
(6) 40 CFR 122.22: Signatories;
(7) 40 CFR 122.23: Concentrated animal feeding operations;
(8) 40 CFR 122.24: Concentrated aquatic animal production facilities;
(9) 40 CFR 122.25: Aquaculture projects;
(10) 40 CFR 122.26: Storm water discharges;
(11) 40 CFR 122.27: Silviculture;
(12) 40 CFR 122.28: General permits;
(13) 40 CFR 122.29 (a), (b), and (d): New sources and new dischargers;
(14) 40 CFR 122.30: NPDES stormwater regulations for small MS4s: objectives;
(15) 40 CFR 122.31: NPDES stormwater regulations: role of Tribes;
(16) 40 CFR 122.32: NPDES stormwater regulations for small MS4s: applicability;
(17) 40 CFR 122.33: NPDES stormwater regulations for small MS4s: application for permit;
(18) 40 CFR 122.34: NPDES stormwater regulations for small MS4s: permit requirements;
(19) 40 CFR 122.35: NPDES stormwater regulations for small MS4s: shared responsibilities;
(20) 40 CFR 122.36: NPDES stormwater regulations for small MS4s: compliance;
(21) 40 CFR 122.37: NPDES stormwater regulations for small MS4s: evaluation;
(22) 40 CFR 122.41 (a)(1) and (b) through (n): Applicable permit conditions;
(23) 40 CFR 122.42: Conditions applicable to specified categories of permits;
(24) 40 CFR 122.43: Establishing permit conditions;
(25) 40 CFR 122.44: Establishing NPDES permit conditions;
(26) 40 CFR 122.45: Calculating permit conditions;
(27) 40 CFR 122.46: Duration;
(28) 40 CFR 122.47 (a): Schedules of compliance;
(29) 40 CFR 122.48: Monitoring requirements;
(30) 40 CFR 122.50: Disposal into wells;
(31) 40 CFR 122.61: Permit transfer;
(32) 40 CFR 122.62: Permit modification;
(33) 40 CFR 122.64: Permit termination;
(34) 40 CFR 124.3 (a): Application for a permit;
(35) 40 CFR 124.5 (a), (c), (d), and (f): Modification of permits;
(36) 40 CFR 124.6 (a), (c), (d), and (e): Draft permit;
(37) 40 CFR 124.8: Fact sheets;
(38) 40 CFR 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e): Public notice;
(39) 40 CFR 124.11: Public comments and requests for hearings;
(40) 40 CFR 124.12 (a): Public hearings;
(41) 40 CFR 124.17 (a) and (c): Response to comments;
(42) 40 CFR 124.56: Fact sheets;
(43) 40 CFR 124.57 (a): Public notice;
(44) 40 CFR 124.59: Comments from government agencies;
(45) 40 CFR 124.62: Decision on variances;
(46) 40 CFR Part 125, Subparts A (Technology-Based Treatment Requirements), B (Aquaculture), D (Fundamentally Different Factors), H (Alternative Limitations, CWA Section 316(a)), I (Cooling Water Intake Structures, New Facilities, CWA Section 316(b)), J (Cooling Water Intake Structures, Existing Facilities, CWA Section 316(b)), M (Ocean Discharge Criteria), and N (Cooling Water Intake Structures, Offshore Oil and Gas Facilities, CWA Section 316(b));
(47) 40 CFR Parts 129 (Toxic Pollutant Effluent Standards) and 133 (Secondary Treatment Regulation), and Subchapter N (Effluent Guidelines and Standards);
(48) 40 CFR Parts 3 (Electronic Reporting) and 127 (NPDES Electronic Reporting);
(49) 40 CFR Part 136: Guidelines for establishing test procedures for the analysis of pollutants; and
(50) 40 CFR 401.15: List of toxic pollutants pursuant to CWA Section 307(a)(1).
(b) This Rule is not an exclusive list of federal regulations adopted by reference in this Section. Other rules of the Section incorporate some of these same federal regulations for clarity or emphasis and may incorporate additional regulations not listed in Paragraph (a) of this Rule.
History Note: Authority G.S. 143-211(c); 143-215.1(b)(4); 143B-282(5);
Eff. May 1, 2020.
SECTION .0600 - WATER QUALITY MANAGEMENT PLANS
15A NCAC 02B .0601 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): PURPOSE
(a) The Goose Creek watershed in the Yadkin Pee-Dee River Basin provides habitat for an aquatic animal species that is listed as federally endangered by the U.S. Fish and Wildlife Service under the provisions of the Endangered Species Act, 16 U.S.C. 1531-1544. Maintenance and recovery of the water quality conditions required to sustain and recover the federally-listed endangered species protects the biological integrity of the waters. The Goose Creek watershed, which includes Goose Creek (Index # 13-17-18), Stevens Creek (Index # 13-17-18-1), Paddle Branch (Index # 13-17-18-2), Duck Creek (Index # 13-17-18-3), and all tributaries, shall be protected by the site-specific management strategy described in Rules .0601 through .0608 of this Section.
(b) The purpose of the actions required by this site-specific management strategy is for the maintenance and recovery of the water quality conditions required to sustain and recover the federally endangered Carolina heelsplitter (Lasmigona decorata) species. Management of the streamside zones to stabilize streambanks and prevent sedimentation are critical measures to restore water quality to sustain and enable recovery of the federally endangered Carolina heelsplitter. Site-specific management strategies shall be implemented to:
(1) control stormwater for projects disturbing one acre or more of land as described in Rule .0602 of this Section;
(2) control wastewater discharges as described in Rule .0603 of this Section;
(3) control toxicity to streams supporting the Carolina heelsplitter as described in Rule .0604 of this Section; and
(4) maintain riparian buffers as described in Rules .0605 through .0608 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.3(c); 143-215.8A;
Eff. January 1, 2009;
Readopted Eff. June 1, 2019.
15A NCAC 02B .0602 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): STORMWATER CONTROL REQUIREMENTS
(a) Any new development activity that disturbs one acre or more of land within the Goose Creek watershed and will add built-upon area shall control and treat the difference in the stormwater runoff from the predevelopment and post-development conditions for the one-year, 24-hour storm, with stormwater control measures (SCMs), with the exception of NC Department of Transportation activities that shall be regulated in accordance with provisions of that agency's National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. Development and redevelopment shall implement stormwater management measures that promote infiltration of flows and groundwater recharge for the purpose of maintaining stream base flow or the delegated local government shall maintain a written explanation when it is not practical to use infiltration methods.
(b) SCMs shall meet the relevant Minimum Design Criteria (MDC) set forth in 15A NCAC 02H .1050 through .1062.
(c) Local governments may submit a written request to the Commission for delegation authority to implement and enforce the State's stormwater protection requirements of G.S. 143-214.7 and S.L. 2006-246 within their jurisdiction. The written request shall be accompanied by information that shows:
(1) The local government has land use jurisdiction for the riparian buffer demonstrated by delineating the local land use jurisdictional boundary on USGS 1:24,000 topographical map(s) or other finer scale map(s);
(2) The local government has the administrative organization, staff, legal authority, financial, and other resources necessary to implement and enforce the State's stormwater requirements based on its size and projected amount of development;
(3) The local government has adopted ordinances, resolutions, or regulations to establish and maintain the State's stormwater requirements; and
(4) The local government has provided a plan to address violations with civil or criminal remedies and actions, as well as remedies that shall restore buffer functions on violation sites and provide a deterrent against the occurrence of future violations.
(d) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government based on standards as set out in Paragraph (c) of this Rule whether it has been approved, approved with modifications, or denied.
(e) The Commission, upon determination that a delegated local authority is failing to implement or enforce the requirements in keeping with a delegation, shall notify the delegated local authority in writing of the local program's deficiencies. If the delegated local authority has not corrected the deficiencies within 90 days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and shall implement and enforce the state's stormwater requirements.
(f) The Division shall have jurisdiction to the exclusion of local governments to implement the state's stormwater protection requirements for the following types of activities:
(1) Activities undertaken by the State;
(2) Activities undertaken by the United States;
(3) Activities undertaken by multiple jurisdictions; and
(4) Activities undertaken by units of local government.
(g) Delegated local authorities shall maintain on-site records for a minimum of five years and shall furnish a copy of these records to the Director within 30 days of receipt of a written request for them. The Division of Energy, Mineral, and Land Resources shall audit local stormwater programs to ensure that the programs are being implemented and enforced in keeping with an approved delegation.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.3(a)(4); 143-215.8A; S.L. 2006-246;
Eff. February 1, 2009;
Readopted Eff. June 1, 2019.
15A NCAC 02B .0603 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): WASTEWATER CONTROL REQUIREMENTS
No new National Pollutant Discharge Elimination System "NPDES" wastewater discharges or expansions to existing discharges shall be permitted.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009;
Readopted Eff. June 1, 2019.
15A NCAC 02B .0604 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): CONTROL TOXICITY INCLUDING AMMONIA
No activity that results in direct or indirect discharge shall be allowed if it causes toxicity to the Carolina heelsplitter (Lasmigona decorata) endangered mussel. For any direct or indirect discharge that is determined by the Division to cause ammonia toxicity to the Carolina heelsplitter freshwater mussel, action shall be taken to reduce ammonia (NH3-N) inputs to achieve 0.5 milligrams per liter or less of total ammonia based on chronic toxicity defined in Rule .0202 of this Subchapter. This level of total ammonia is based on ambient water temperature equal to or greater than 25 degrees Celsius.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009;
Readopted Eff. June 1, 2019.
15A NCAC 02B .0605 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): RIPARIAN BUFFER WIDTHS
In the Goose Creek watershed, riparian buffers are required within 200 feet of waterbodies within the 100-Year Floodplain and within 100 feet of waterbodies that are not within the 100-Year Floodplain. The 100-Year Floodplain is the one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Department of Public Safety. The riparian buffer shall consist of a vegetated area that is undisturbed except for uses provided in Rule .0607 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 2009;
Readopted Eff. June 15, 2020.
15A NCAC 02B .0606 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): AUTHORIZATION CERTIFICATES
(a) PURPOSE. The following requirements shall apply to persons who wish to undertake uses designated as allowable upon authorization, allowable with mitigation upon authorization, or allowable with exception within the protected riparian buffer area as specified in Rule .0607 of this Section.
(b) AUTHORIZATION CERTIFICATES. Persons who wish to undertake uses designated in Rule .0607 of this Section as allowable upon authorization or allowable with mitigation upon authorization shall submit an application requesting an Authorization Certificate from the Authority.
(1) The application shall specify:
(A) The name, address, and phone number of the applicant;
(B) If the applicant is not the property owner(s), the name, address, and phone number of the property owner;
(C) If the applicant is a corporation, the name and address of the North Carolina process agency, and the name, address, and phone number of the individual who is the authorized agent of the corporation and responsible for the activity for which certification is sought. The corporation must be authorized to do business in NC;
(D) The nature of the activity to be conducted by the applicant;
(E) The location of the activity, including the jurisdiction;
(F) A map that is legible to the reviewer and of sufficient detail to delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land;
(G) An explanation of why this plan for the activity cannot be practically accomplished, reduced, relocated, or reconfigured to avoid or better minimize disturbance to the riparian buffer, preserve aquatic life and habitat, and protect water quality;
(H) Plans for any best management practices proposed to be used to control the impacts associated with the activity; and
(I) For uses designated as allowable with mitigation upon authorization or allowable with exception, a mitigation proposal in accordance with Rule .0295 of this Subchapter.
(2) The applicant shall demonstrate that the project meets all the following criteria:
(A) The basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(B) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
(C) Best management practices shall be used to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(3) The Authority shall consider whether the proposed impacts may affect conditions required to sustain and recover the federally endangered Carolina heelsplitter (Lasmigona decorata).
(4) The Authority shall issue an Authorization Certificate, deny the application, or request additional information within 60 calendar days after receipt of an application that meets the requirements as described in Subparagraph (b)(1) through (b)(3) of this Rule. When the Authority requests additional information, the 60-day review period restarts upon receipt of all of the additional information requested by the Authority. Failure to issue the Authorization Certificate, deny the application, or request additional information within 60 calendar days shall be construed as issuance of an Authorization Certificate by the Authority to the applicant unless one of the following occurs:
(A) The applicant agrees, in writing, to a longer period;
(B) The applicant fails to furnish information necessary for the Authority's decision;
(C) The applicant refuses Authority staff access to its records or premises for the purpose of gathering information necessary for the Authority's decision; or
(D) Information necessary for the Authority's decision is unavailable.
(5) The Authority may attach conditions to the Authorization Certificate that ensure compliance with the riparian buffer protection program.
(6) Requests for appeals of Authorization Certificates issued by the Division shall be made pursuant to G.S. 150B. Request for appeals of Authorization Certificates issued by the delegated local authority shall be made pursuant to the local authority's ordinance.
(c) AUTHORIZATION CERTIFICATES WITH EXCEPTIONS. Persons who wish to undertake uses designated in Rule .0607 of this Section as allowable with exception shall submit an application requesting an Authorization Certificate with Exception. The Authorization Certificate with Exception review procedure shall be as follows:
(1) All of the following conditions must be met in order to qualify for an Authorization Certificate with Exception:
(A) There are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements.
(B) If the applicant complies with the provisions of the riparian buffer requirements, he or she can secure no reasonable return from, nor make reasonable use of, his or her property. Merely proving that the Authorization Certificate with Exception would allow a greater profit from the property shall not be considered adequate justification for an Authorization Certificate with Exception. Moreover, the Authority shall consider whether the Authorization Certificate with Exception is the minimum possible deviation from the terms of the riparian buffer requirements that will make reasonable use of the property possible.
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography.
(D) The applicant did not cause the hardship.
(E) The requested Authorization Certificate with Exception is consistent with the general spirit, purpose, and intent of the State's riparian buffer protection requirements, will protect water quality, will secure public safety and welfare, and will preserve substantial justice.
(2) MINOR EXCEPTIONS. An Authorization Certificate with Minor Exception request pertains to allowable with exception activities that are proposed to impact equal to or less than one-third of an acre of riparian buffer.
(A) Authorization Certificate with Minor Exception requests shall be reviewed based on the criteria in Paragraph (b) and Subparagraph (c)(1) of this Rule.
(B) Within 60 calendar days of receipt of a complete application package that addresses Subparagraphs (b)(1), (b)(2), and (c)(1) of this Rule, the Authority shall issue an Authorization Certificate with Minor Exception if the Authority determines that the criteria in Subparagraph (b)(2) and (c)(1) of this Rule have been met and the applicant satisfies other applicable requirements as described in Paragraph (b) and Subparagraph (c)(1) of this Rule. If the Authority determines that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have not been met, the Authority shall issue a final decision denying the Authorization Certificate with Minor Exception.
(3) MAJOR EXCEPTIONS. An Authorization Certificate with Major Exception request pertains to allowable with exception activities that are proposed to impact greater than one-third of an acre of the riparian buffer.
(A) Authorization Certificate with Major Exception requests shall be reviewed based on the criteria in Paragraph (b) and Subparagraph (c)(1) of this Rule.
(B) Within 60 calendar days of receipt of a complete application package that addresses Subparagraphs (b)(1), (b)(2) and (c)(1) of this Rule, the Authority shall prepare a preliminary finding as to whether the criteria in Subparagraphs (b)(2), and (c)(1) of this Rule have been met.
(C) Notice of each pending complete application for an Authorization Certificate with Major Exception, including the preliminary findings prepared by the Authority, shall be posted on the Division's website and sent to all individuals on the Mailing List, as described in 15A NCAC 02H .0503(g), at least 30 calendar days prior to proposed final action by the Authority on the application. If the Authority is not the Division, then the Authority shall forward the required notice information to the Division for posting.
(D) Within 60 calendar days following the notice as described in Part (c)(3)(C) of this Rule, upon the Authority's determination that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have been met, the Authority shall issue an Authorization Certificate with Major Exception. If the Authority determines that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have not been met, the Authority shall issue a final decision denying the Authorization Certificate with Major Exception.
(4) The Authority may attach conditions to the Authorization Certificate with Exception that ensure compliance with the riparian buffer protection program.
(5) Requests for appeals of Authorization Certificates with Exception issued by the Division shall be made pursuant to G.S. 150B. Requests for appeals of Authorization Certificates with Exception issued by the delegated local authority shall be made pursuant to the local authority's ordinance.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009;
Readopted Eff. June 15, 2020 (The provisions of paragraph (b) of this Rule were previously codified in 15A NCAC 02B .0607(e)).
15A NCAC 02B .0607 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): BUFFER TYPES AND MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS
(a) DEFINITIONS. The terms used in this Rule and Rules .0605, .0606 and .0608 of this Section, shall be as defined in Rule .0610 of this Section and as follows:
(1) "Authority" means either the Division or a local government that has been delegated pursuant this Rule to implement the riparian buffer program.
(2) "Riparian buffer" means the area as defined in Paragraph (c) of this Rule.
(b) APPLICABILITY. This Rule applies to all landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Paragraph (c) of this Rule in the Goose Creek Watershed.
(c) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers:
(1) A surface water shall be subject if the feature is approximately shown on any of the following references:
(A) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resources Conservation Service of the United States Department of Agriculture;
(B) The United States Geologic Survey's (USGS) National Map, available online at: ; or
(C) Other maps approved by the Environmental Management Commission as more accurate than those identified in Part (c)(1)(A) and (c)(1)(B) of this Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions and additions to the hydrography dataset shall follow GICC approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the Environmental Management Commission. Prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-calendar day public notice through the Division's Mailing List in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the Environmental Management Commission for a final decision. Maps approved under this Subparagraph shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Paragraph (f) of this Rule.
(2) This Rule shall apply to activities conducted within riparian buffers as set forth in Rule .0605 of this Section.
(3) Wetlands adjacent to surface waters or within the riparian buffer width as set forth in Rule .0605 of this Section shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506.
(4) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Paragraph (h) of this Rule.
(5) For streams, the riparian buffer shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward on all sides of the stream, measured horizontally on a line perpendicular to the stream (where a stream begins or ends, including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end).
(6) For ponds, lakes and reservoirs located within a natural drainage way, the riparian buffer shall begin at the normal water level and extend landward, measured horizontally on a line perpendicular to the surface water.
(7) A riparian buffer may be exempt from this Rule as described in Paragraphs (e), (f) and (g) of this Rule.
(8) No new clearing, grading or development shall take place nor shall any new building permits be issued in violation of this Rule.
(d) ON-SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in Subparagraph (c)(1) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within 60 calendar days of written notification from the Authority. The Director's determination is subject to review as provided in Articles 3 and 4 of G.S. 150B.
(e) EXEMPTION BASED ON ON-SITE DETERMINATION. Surface waters that appear on the maps listed in Subparagraph (c)(1) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories:
(1) Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access.
(2) Manmade ponds and lakes that are not fed by an intermittent or perennial stream nor have a direct discharge point to an intermittent or perennial stream.
(3) Ephemeral streams.
(4) The absence on the ground of a corresponding perennial waterbody, intermittent waterbody, lake, or pond.
(f) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. The riparian buffer requirements in this Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing.
(1) A use shall be considered existing if:
(A) It was present within the riparian buffer as of January 1, 2009 and has continued to exist since that time;
(B) It was a deemed allowable activity as listed in Paragraph (i) of this Rule; or
(C) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority; or
(D) The project or proposed development are determined by the Authority to meet at least one of the following criteria:
(i) Project requires a 401 Certification/404 Permit and these were issued prior to January 1, 2009 and are still valid; or
(ii) Project requires a state permit, such as a landfill, NPDES wastewater discharge, land application residuals and road construction activities, and has begun construction or is under contract to begin construction and has received all required state permits prior to January 1, 2009; or
(iii) Project is being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with Department on avoidance and minimization by January 1, 2009; or
(iv) Project is not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or Safe Accountable Flexible Efficient Transportation Equity Act; a Legacy for Users (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division prior to January 1, 2009.
(2) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, (i.e. can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors and on-site sanitary sewage systems, any of which involve either specific periodic management of vegetation or displacement of vegetation by structures or regular activity.
(3) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from the riparian buffer requirements of this Rule.
(4) Change of ownership through purchase or inheritance is not a change of use.
(5) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer area where it did not exist prior to January 1, 2009, and the site is in compliance with Paragraph (h) of this Rule.
(6) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Subparagraphs (f)(1) through (f)(5) of this Rule.
(g) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met:
(1) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.
(2) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before January 1, 2009.
(3) The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B (3).
(h) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Paragraph. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Subparagraph (i)(1) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Part (i)(1)(E) of this Rule.
(1) The following are deemed allowable as defined in Part (i)(1)(A) of this Rule:
(A) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state-approved local government stormwater program; and
(B) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance.
(2) The following are allowable upon authorization as defined in Part (i)(1)(B) of this Rule:
(A) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state-approved local government stormwater program;
(B) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm;
(C) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .1059;
(D) Realignment of existing drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations;
(E) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same;
(F) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(G) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and
(H) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only.
(i) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, allowable with exception or prohibited.
(1) Potential new uses shall have the following requirements:
(A) DEEMED ALLOWABLE. Uses designated as deemed allowable in Subparagraphs (h)(1) and (i)(3) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring and maintenance activities. In addition, deemed allowable uses shall meet requirements listed in Subparagraph (i)(3) of this Rule for the specific use.
(B) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Subparagraphs (h)(2) and (i)(3) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0606 of this Section.
(C) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation upon authorization in Subparagraph (i)(3) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0606 of this Section and an appropriate mitigation strategy that has received written approval pursuant to Paragraph (j) of this Rule.
(D) PROHIBITED. Uses designated as prohibited in Subparagraph (i)(3) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval.
(E) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Subparagraph (i)(3) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0606 of this Section and an appropriate mitigation strategy that has received written approval pursuant to Paragraph (j) of this Rule.
(2) The United States Environmental Protection Agency Endangered Species Protection Program at espp and NC Pesticide Board regulates pesticide application (see rules at 02 NCAC 09L .2201 through .2203).
(3) The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited:
| |Deemed Allowable|Allowable Upon |Allowable with |Prohibited |
| | |Authorization |Mitigation Upon | |
| | | |Authorization | |
|(A) Airport facilities: | | | | |
|(i) Vegetation removal activities necessary to comply with Federal Aviation |X | | | |
|Administration requirements (e.g. line of sight requirements) provided the | | | | |
|disturbed areas are stabilized and revegetated | | | | |
|(ii) Airport facilities that impact equal to or less than one-third of an acre | |X | | |
|of riparian buffer | | | | |
|(iii) Airport facilities that impact greater than one-third of an acre of | | |X | |
|riparian buffer | | | | |
|(B) Archaeological activities |X | | | |
|(C) Bridges: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre of riparian buffer | |X | | |
|(D) Dam maintenance activities: | | | | |
|(i) Dam maintenance activities that do not cause additional riparian buffer |X | | | |
|disturbance beyond the footprint of the existing dam | | | | |
|(ii) Dam maintenance activities that do cause additional riparian buffer | |X | | |
|disturbance beyond the footprint of the existing dam | | | | |
|(E) Drainage of a pond subject to Paragraph (c) of this Rule provided that a |X | | | |
|new riparian buffer is established by natural regeneration or planting, within | | | | |
|50 feet of any stream which naturally forms or is constructed within the | | | | |
|drained pond area. Drained ponds shall be allowed to naturalize for a minimum | | | | |
|of six months from completion of the draining activity before a stream | | | | |
|determination is conducted pursuant to Paragraph (d) of this Rule | | | | |
|(F) Fences: | | | | |
|(i) Fencing livestock out of surface waters |X | | | |
|(ii) Installation does not result in removal of trees |X | | | |
|(iii) Installation results in removal of trees | |X | | |
|(G) Fertilizer application: | | | | |
|(i) One-time fertilizer application at agronomic rates in the riparian buffer |X | | | |
|to establish replanted vegetation. No runoff from this one-time application in | | | | |
|the riparian buffer is allowed in the surface water | | | | |
|(ii) Ongoing fertilizer application | | | |X |
|(H) Forest harvesting - see Rule .0608 of this Section | | | | |
|(I) Greenways, trails, sidewalks or linear pedestrian/bicycle transportation | | | | |
|systems: | | | | |
|(i) In outer riparian buffer (landward of 50 feet) provided that no built upon |X | | | |
|area is added within the riparian buffer | | | | |
|(ii) In the inner riparian buffer provided that no built upon area is added |X | | | |
|within the riparian buffer and the installation does not result in the removal | | | | |
|of tree(s) | | | | |
|(iii) When built upon area is added to the riparian buffer, equal to or less | |X | | |
|than 10 feet wide with two foot wide shoulders. Shall be located landward of 50| | | | |
|feet unless there is no practical alternative | | | | |
|(iv) When built upon area is added to the riparian buffer, greater than 10 feet| | |X | |
|wide with two foot wide shoulders. Shall be located landward of 50 feet unless | | | | |
|there is no practical alternative | | | | |
|(J) Historic preservation |X | | | |
|(K) New Landfills as defined by G.S. 130A-290 | | | |X |
|(L) Maintenance access on modified natural streams or canals: a grassed | |X | | |
|travelway on one side of the waterbody when less impacting alternatives are not| | | | |
|practical. The width and specifications of the travel way shall be only that | | | | |
|needed for equipment access and operation. The travelway shall be located to | | | | |
|maximize stream shading | | | | |
|(M) Mining activities: | | | | |
|(i) Mining activities that are covered by the Mining Act provided that new | |X | | |
|riparian buffers that meet the requirements of Paragraph (h) of this Rule and | | | | |
|Rule .0605 of this Section are established adjacent to any relocated channels | | | | |
|(ii) Wastewater or mining dewatering wells with approved NPDES permit | | |X | |
|(N) On-site sanitary sewage systems - new ones that use ground absorption | | | |X |
|(O) Pedestrian access trail and associated steps leading to a surface water, | | | | |
|dock, canoe or kayak access, fishing pier, boat ramp or other water dependent | | | | |
|structure: | | | | |
|(i) Equal to or less than six feet wide that does not result in the removal of |X | | | |
|any tree(s) within the riparian buffer and does not result in the addition of | | | | |
|built upon area to the riparian buffer | | | | |
|(ii) Equal to or less than six feet wide that results in the removal of tree(s)| |X | | |
|or the addition of built upon area to the riparian buffer | | | | |
|(iii) Greater than six feet wide | | |X | |
|(P) Playground equipment: | | | | |
|(i) Playground equipment on single-family lots provided that installation and |X | | | |
|use does not result in removal of vegetation | | | | |
|(ii) Playground equipment on single-family lots where installation or use | |X | | |
|results in the removal of vegetation | | | | |
|(iii) Playground equipment installed on lands other than single-family lots | |X | | |
|(Q) Ponds created or modified by impounding streams subject to riparian buffers| | | | |
|pursuant to Paragraph (c) of this Rule and not used as stormwater control | | | | |
|measures (SCMs): | | | | |
|(i) New ponds provided that a riparian buffer that meets the requirements of | |X | | |
|Paragraph (h) of this Rule and Rule .0605 of this Section is established | | | | |
|adjacent to the pond | | | | |
|(R) Protection of existing structures and facilities when this requires | |X | | |
|additional disturbance to the riparian buffer | | | | |
|(S) Public Safety - publicly owned spaces where it has been determined by the |X | | | |
|head of the local law enforcement agency with jurisdiction over that area that | | | | |
|the riparian buffers pose a risk to public safety. The head of the local law | | | | |
|enforcement agency shall notify the local government with land use jurisdiction| | | | |
|over the publicly owned space and the Division of Water Resources of any such | | | | |
|determination in writing | | | | |
|(T) Removal of previous fill or debris provided that Paragraph (h) of this Rule|X | | | |
|is complied with and any vegetation removed is restored | | | | |
|(U) Restoration or enhancement (wetland, stream) as defined in 33 CFR Part 332 | | | | |
|available free of charge on the internet at: | | | | |
|: | | | | |
|(i) Wetland or stream restoration that is part of a compensatory mitigation |X | | | |
|bank, nutrient offset bank, or the In Lieu Fee program | | | | |
|(ii) Wetland or stream restoration other than those listed above | |X | | |
|(V) Road, driveway or railroad - impacts other than perpendicular crossings of | | |X | |
|streams and other surface waters subject to this Rule | | | | |
|(W) Road, driveway or railroad - perpendicular crossings of streams and other | | | | |
|surface waters subject to this Rule: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre but equal to or less than | |X | | |
|one-third of an acre of riparian buffer | | | | |
|(iii) Impact greater than one-third of an acre of riparian buffer | | |X | |
|(iv) Driveway crossings in a residential subdivision that cumulatively impact | |X | | |
|equal to or less than one-third of an acre of riparian buffer | | | | |
|(v) Driveway crossings in a residential subdivision that cumulatively impact | | |X | |
|greater than one-third of an acre of riparian buffer | | | | |
|(vi) Farm roads and forest roads that are exempt from permitting from the U.S. |X | | | |
|Army Corps of Engineers per Section 404(f) of the Federal Clean Water Act | | | | |
|(X) Road relocation of existing private access roads associated with public | | | | |
|road projects where necessary for public safety: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer impact | |X | | |
|(ii) Greater than 2,500 square feet of riparian buffer impact | | |X | |
|(Y) Scientific studies and stream gauging |X | | | |
|(Z) Slatted uncovered decks, including steps and support posts, which are | |X | | |
|associated with a dwelling, provided that it meets the requirements of | | | | |
|Paragraph (h) of this Rule and Rule .0605 of this Section and installation does| | | | |
|not result in removal of vegetation | | | | |
|(AA) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002: | | | | |
|(i) In the outer riparian buffer (landward of 50 feet) if Paragraph (h) of this| |X | | |
|Rule is complied with | | | | |
|(ii) In the outer riparian buffer (landward of 50 feet) if Paragraph (h) of | | |X | |
|this Rule is not complied with | | | | |
|(BB) Streambank or shoreline stabilization | |X | | |
|(CC) Temporary roads, provided that the disturbed area is restored to | | | | |
|pre-construction topographic and hydrologic conditions and replanted with | | | | |
|comparable vegetation within two months of when construction is complete. Tree | | | | |
|planting may occur during the dormant season. At the end of five years, any | | | | |
|restored wooded riparian buffer shall comply with the restoration criteria in | | | | |
|Rule .0295(i) of this Subchapter: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer disturbance |X | | | |
|(ii) Greater than 2,500 square feet of riparian buffer disturbance | |X | | |
|(iii) Associated with culvert installation or bridge construction or | |X | | |
|replacement | | | | |
|(DD) Temporary sediment and erosion control devices provided that the disturbed| | | | |
|area is restored to preconstruction topographic and hydrologic conditions and | | | | |
|replanted with comparable vegetation within two months of when construction is | | | | |
|complete. Tree planting may occur during the dormant season. At the end of five| | | | |
|years, any restored wooded riparian buffer shall comply with the restoration | | | | |
|criteria in Rule .0295(i) of this Subchapter: | | | | |
|(i) In the outer riparian buffer (landward of 50 feet) provided that ground |X | | | |
|cover is established within the timeframes required by the Sedimentation and | | | | |
|Erosion Control Act, vegetation in the inner riparian buffer is not | | | | |
|compromised, and that discharge is released in accordance with Paragraph (h) of| | | | |
|this Rule | | | | |
|(ii) In the inner and outer riparian buffer to control impacts associated with | |X | | |
|uses identified in this Table or uses that have received an Authorization | | | | |
|Certificate with Exception provided that sediment and erosion control for | | | | |
|upland areas is addressed outside the riparian buffer | | | | |
|(iii) In-stream temporary erosion and sediment control measures for work within|X | | | |
|a stream channel that is authorized under Sections 401 and 404 of the Federal | | | | |
|Clean Water Act | | | | |
|(EE) Utility Lines - Streambank stabilization for the protection of publicly | | | | |
|owned utility lines (not including new line installation): | | | | |
|(i) Less than 150 feet of streambank disturbance |X | | | |
|(ii) Greater than 150 feet of streambank disturbance | |X | | |
|(FF) Utility Lines - Sewer Lines - Sanitary Sewer Overflows: | | | | |
|(i) Emergency sanitary sewer overflow response activities, provided that the |X | | | |
|disturbed area within the riparian buffer outside of the existing utility line | | | | |
|maintenance corridor: is the minimum necessary to respond to the emergency | | | | |
|overflow, is restored to pre-construction topographic and hydrologic | | | | |
|conditions, and is replanted with comparable vegetation (e.g. grass with grass,| | | | |
|hardwoods with hardwoods) within two months of when disturbance is complete | | | | |
|(ii) Emergency sanitary sewer overflow response activities that do not meet the| |X | | |
|listing above. For any new proposed permanent impacts are not a "Deemed | | | | |
|Allowable Activity", an application for an Authorization Certificate shall be | | | | |
|submitted to the Authority no later than 30 calendar days of conclusion of the | | | | |
|emergency response activities | | | | |
|(GG) Utility - Sewer Lines – Vegetation maintenance activities that remove | | | | |
|forest vegetation from existing sewer utility right of ways (not including new | | | | |
|line installation) outside of the existing utility line maintenance corridor: | | | | |
|(i) Impacts outside of the inner 50 feet nearest the stream |X | | | |
|(ii) Impacts in the inner 50 feet nearest the stream: For lines that have not |X | | | |
|been maintained, the vegetation can be mowed, cut or otherwise maintained | | | | |
|without disturbance to the soil structure for a maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Impacts in the inner 50 feet nearest the stream other than those listed | |X | | |
|above | | | | |
|(HH) Utility – Sewer Lines - Replacement/Rehabilitation of existing sewer lines| | | | |
|within, or adjacent to, an existing right of way but outside of an existing | | | | |
|utility line maintenance corridor provided that comparable vegetation (e.g. | | | | |
|grass with grass, hardwoods with hardwoods) is allowed to regenerate in | | | | |
|disturbed riparian buffers outside of the permanent maintenance corridor and | | | | |
|riparian buffers outside of the permanent maintenance corridor are not | | | | |
|maintained: | | | | |
|(i) Permanent maintenance corridor equal to or less than 30 feet wide provided |X | | | |
|there is no grading and/or grubbing within 10 feet of the top of bank when the | | | | |
|sewer line is parallel to the stream | | | | |
|(ii) Grading and/or grubbing within 10 feet of the top of bank when the sewer | |X | | |
|line is parallel to the stream and permanent maintenance corridor equal to or | | | | |
|less than 30 feet wide | | | | |
|(iii) Permanent maintenance corridor greater than 30 feet wide. For impacts | | |X | |
|other than perpendicular crossings, mitigation is only required for impacts in | | | | |
|the inner 50 feet nearest the stream. For perpendicular crossings that disturb| | | | |
|equal to or less than 40 linear feet, no mitigation is required. For | | | | |
|perpendicular crossings that disturb greater than 40 linear feet, mitigation is| | | | |
|only required for impacts in the inner 50 feet nearest the stream | | | | |
|(II) Utility - Sewer Lines – New Line Construction/Installation Activities – | | | | |
|Perpendicular crossings of streams and other surface waters subject to this | | | | |
|Rule or perpendicular entry into the riparian buffer that does not cross a | | | | |
|stream or other surface water subject to this Rule provided that vegetation is | | | | |
|allowed to regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Construction corridor of less than or equal to 40 linear feet wide and a |X | | | |
|permanent maintenance corridor that is equal to or less than 30 feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and less than or| |X | | |
|equal to 150 linear feet wide and a permanent maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet wide. | | |X | |
|For impacts other than perpendicular crossings, mitigation is only required for| | | | |
|impacts in the inner 50 feet nearest the stream. For perpendicular crossings | | | | |
|that disturb equal to or less than 40 linear feet, no mitigation is required. | | | | |
|For perpendicular crossings that disturb greater than 40 linear feet, | | | | |
|mitigation is only required for impacts in the inner 50 feet nearest the stream| | | | |
|(JJ) Utility - Sewer Lines – New Line Construction/Installation Activities – | | | | |
|Impacts other than perpendicular crossings provided that vegetation is allowed | | | | |
|to regenerate in disturbed areas outside of the permanent maintenance corridor:| | | | |
|(i) Impacts outside of the inner 50 feet nearest the stream |X | | | |
|(ii) Less than 2,500 square feet of impacts in the inner 50 feet nearest the | |X | | |
|stream when impacts are solely the result of tying into an existing utility | | | | |
|line and when grubbing or grading within 10 feet immediately adjacent to the | | | | |
|surface water is avoided | | | | |
|(iii) Impacts to the inner 50 feet nearest the stream other than noted above | | |X | |
|(KK) Utilities – Non-Sewer Underground Lines. Vegetation maintenance activities| | | | |
|that remove forest vegetation from existing utility right of ways (not | | | | |
|including new line installation) outside of the existing utility line | | | | |
|maintenance corridor: | | | | |
|(i) Impacts outside of the inner 50 feet nearest the stream |X | | | |
|(ii) Impacts in the inner 50 feet nearest the stream: For lines that have not |X | | | |
|been maintained, the vegetation can be mowed, cut or otherwise maintained | | | | |
|without disturbance to the soil structure for a maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Impacts in the inner 50 feet nearest the stream other than those listed | |X | | |
|above | | | | |
|(LL) Utilities – Non-Sewer Underground Lines. Perpendicular crossings of | | | | |
|streams and other surface waters subject to this Rule or perpendicular entry | | | | |
|into the riparian buffer that does not cross a stream or other surface water | | | | |
|subject to this Rule provided that vegetation is allowed to regenerate in | | | | |
|disturbed areas outside of the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 50 linear feet wide and a |X | | | |
|permanent maintenance corridor that is equal to or less than 30 feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and less than or| |X | | |
|equal to 150 linear feet wide and a permanent maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet wide | | |X | |
|(mitigation is required only for impacts within the inner 50 feet nearest the | | | | |
|stream) | | | | |
|(MM) Utilities – Non-Sewer Underground Lines. Impacts other than perpendicular | | | | |
|crossings provided that vegetation is allowed to regenerate in disturbed areas | | | | |
|outside of the permanent maintenance corridor: | | | | |
|(i) Impacts outside of the inner 50 feet nearest the stream |X | | | |
|(ii) Impacts in the inner 50 feet nearest the stream to less than 2,500 square | |X | | |
|feet when impacts are a result of tying to an existing utility line and when | | | | |
|grubbing or grading within 10 feet immediately adjacent to the surface water is| | | | |
|avoided | | | | |
|(iii) Impacts to the inner 50 feet nearest the stream other than noted above | | |X | |
|(NN) Utilities – Non-Sewer Aerial Lines. Perpendicular crossings of streams | | | | |
|and other surface waters subject to this Rule or perpendicular entry into the | | | | |
|riparian buffer that does not cross a stream or other surface water subject to | | | | |
|this Rule: | | | | |
|(i) Disturb equal to or less than 150 linear feet wide of riparian buffer |X | | | |
|provided that a minimum zone of 10 feet wide immediately adjacent to the | | | | |
|waterbody is managed such that only vegetation that poses a hazard or has the | | | | |
|potential to grow tall enough to interfere with the line is removed, that no | | | | |
|land grubbing or grading is conducted in the inner 50 feet nearest the stream, | | | | |
|and that that poles or aerial infrastructure are not installed within 10 feet | | | | |
|of a waterbody | | | | |
|(ii) Disturb greater than 150 linear feet wide of riparian buffer | |X | | |
|(OO) Utilities – Non-Sewer Aerial Lines - Impacts other than perpendicular | | | | |
|crossings of streams and other surface waters subject to this Rule or | | | | |
|perpendicular entry into the riparian buffer that does not cross a stream or | | | | |
|other surface water subject to this Rule: | | | | |
|(i) Impacts outside of the inner 50 feet nearest the stream |X | | | |
|(ii) Impacts in the inner 50 feet nearest the stream provided that a minimum | |X | | |
|zone of 10 feet wide immediately adjacent to the waterbody is managed such that| | | | |
|only vegetation that poses a hazard or has the potential to grow tall enough to| | | | |
|interfere with the line is removed, that no land grubbing or grading is | | | | |
|conducted in the inner 50 feet nearest the stream, and that that poles or | | | | |
|aerial infrastructure are not installed within 10 feet of a waterbody | | | | |
|(PP) Vegetation management: | | | | |
|(i) Emergency fire control measures provided that topography is restored |X | | | |
|(ii) Placement of mulch ring around restoration plantings for a period of five |X | | | |
|years from the date of planting | | | | |
|(iii) Planting non-invasive vegetation to enhance the riparian buffer |X | | | |
|(iv) Pruning forest vegetation provided that the health and function of the |X | | | |
|forest vegetation is not compromised | | | | |
|(v) Removal of individual trees, branches or limbs which are in danger of |X | | | |
|causing damage to dwellings, existing utility lines, other structures or human | | | | |
|life, or are imminently endangering stability of the streambank provided that | | | | |
|the stumps are left or ground in place without causing additional land | | | | |
|disturbance | | | | |
|(vi) Removal of individual trees that are dead, diseased or damaged |X | | | |
|(vii) Removal of poison ivy, oak or sumac. If removal is significant, then the |X | | | |
|riparian buffer shall be replanted with non-invasive species | | | | |
|(viii) Removal of understory nuisance vegetation as defined in: Smith, Cherri |X | | | |
|L. 2008. Invasive Plants of North Carolina. Dept. of Transportation. Raleigh, | | | | |
|NC (available at | | | | |
| | | | |
|27-45a78d1c7ebe&groupId=38364). If removal is significant then the riparian | | | | |
|buffer shall be replanted with non-invasive species | | | | |
|(ix) Removal of woody vegetation in the riparian buffer provided that Paragraph| | |X | |
|(h) of this Rule is complied with | | | | |
|(QQ) Vehicle access roads and boat ramps (excluding parking areas) leading to | | | | |
|surface water, docks, fishing piers, and other water dependent activities: | | | | |
|(i) Single vehicular access road and boat ramp to the surface water but not |X | | | |
|crossing the surface water that are restricted to the minimum width practicable| | | | |
|not to exceed 15 feet wide | | | | |
|(ii) Vehicular access roads and boat ramps to the surface water but not | |X | | |
|crossing the surface water that are restricted to the minimum width practicable| | | | |
|and exceed 15 feet wide | | | | |
|(RR) Water dependent structures (except for boat ramps) as defined in Rule | |X | | |
|.0202 of this Subchapter | | | | |
|(SS) Water wells |X | | | |
|(TT) Wildlife passage structures | |X | | |
(j) MITIGATION. Persons who wish to undertake uses designated as allowable upon authorization with mitigation as defined in Part (i)(1)(C) of this Rule or allowable with exception as defined in Part (i)(1)(E) of this Rule shall meet the following requirements in order to proceed with their proposed use.
(1) Obtain an Authorization Certificate pursuant to Rule .0606 of this Section; and
(2) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
(k) DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS. The following set out the requirements for delegation of the responsibility for implementing and enforcing the Goose Creek Watershed riparian buffer protection program, as described in Rules .0605 through .0608 of this Section, to local governments.
(1) The Commission shall grant local government delegation of the Goose Creek Watershed Riparian Buffer Protection requirements as described in Rules .0605 through .0608 of this Section according to the following procedures:
(A) Local governments within the Goose Creek Watershed may submit a written request to the Commission for authority to implement and enforce the Goose Creek Watershed riparian buffer protection requirements within their jurisdiction by establishing a riparian buffer program to meet the requirements of Rules .0605 through .0608 of this Section. The written request to establish a riparian buffer program shall include the following:
(i) Documentation that the local government has land use jurisdiction for the riparian buffer. This can be demonstrated by delineating the local land use jurisdictional boundary on the USGS 1:24,000 topographical map(s) or other finer scale map(s);
(ii) Documentation that the local government has the administrative organization, staff, legal authority, financial resources and other resources necessary to implement and enforce the State's riparian buffer protection requirements based on its size and projected amount of development;
(iii) The local government ordinances, resolutions, or regulations necessary to establish a riparian buffer program to meet the requirements of Rules .0605 through .0608 of this Section and G.S. 143-214.23A;
(iv) Documentation that the local government's riparian buffer program shall comply with all requirements set forth in G.S. 143-214.23A; and
(v) The local government has provided a plan to address violations with civil or criminal remedies and actions as well as remedies that shall restore riparian buffer functions on violation sites and provide a deterrent against the occurrence of future violations.
(B) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government whether it has been approved, approved with modifications, or denied.
(2) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local governments shall appoint a Riparian Buffer Protection Administrator(s) who shall coordinate the implementation and enforcement of the program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations pursuant to G.S. 143-214.25A. The Administrator(s) shall ensure that local government staff working directly with the program receive training to understand, implement and enforce the program and are certified to make on-site determinations pursuant to G.S. 143-214.25A. At any time that a local government does not have a certified individual retained on staff to make on-site determinations pursuant to G.S. 143-214.25A, they shall immediately notify the Division and indicate a proposed schedule to secure a certified staff member. The local government shall coordinate with the Division to provide on-site determinations until a new certified staff member is secured by the local government.
(3) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE UPON AUTHORIZATION, ALLOWABLE WITH MITIGATION UPON AUTHORIZATION AND ALLOWABLE WITH EXCEPTION. Upon receiving delegation, local governments shall review applications requesting Authorization Certificate pursuant to the requirements set forth in Rule .0606 of this Section.
(4) LIMITS OF DELEGATED LOCAL AUTHORITY. The Division shall have jurisdiction to the exclusion of local governments to administer the requirements of this Rule for the following types of activities:
(A) Activities undertaken by the State;
(B) Activities undertaken by the United States;
(C) Activities undertaken by multiple jurisdictions;
(D) Activities undertaken by local units of government;
(E) Forest harvest activities described in Rule .0608 of this Section; and
(F) Agricultural activities.
(5) RECORD-KEEPING REQUIREMENTS. Delegated local governments shall maintain on-site records for a minimum of five years and shall furnish a copy of these records to the Division within 30 calendar days of receipt of a written request for them. Each delegated local government's records shall include the following:
(A) A copy of all Authorization Certificate with Exception requests;
(B) Findings on all Authorization Certificate with Exception requests;
(C) The results of the Authorization Certificate with Exception proceedings;
(D) A record of complaints and action taken as a result of the complaint;
(E) Records for on-site determinations as described in Paragraph (d) of this Rule; and
(F) Copies of all requests for authorization, records approving authorization and Authorization Certificates.
(6) AUDITS OF LOCAL AUTHORITIES. The Division shall regularly audit delegated local governments to ensure the local programs are being implemented and enforced in keeping with the requirements of Rules .0605 through .0608 of this Section. The audit shall consist of a review of all local government activities with regards to implementation of Rules .0605 through .0608 of this Section.
(7) PROCEDURES FOR RESCINDING DELEGATION. Upon determination by the Division that a delegated local government is failing to implement or enforce the Goose Creek Watershed riparian buffer protection requirements in keeping with the request approved under Part (k)(1)(B) of this Rule, the Commission shall notify the delegated local government in writing of the local program's inadequacies. If the delegated local government has not corrected the deficiencies within 90 calendar days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and the Division shall implement and enforce the Goose Creek Watershed riparian buffer protection requirements within their jurisdiction.
(8) DELEGATION. The Commission may delegate its duties and powers for granting and rescinding local government delegation of the Goose Creek Watershed riparian buffer protection requirements, in whole or in part, to the Director.
(l) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-215.8A; 143-214.7; 143-214.23, 143-214.23A, S.L. 2013-413; S.L. 2017-209;
Eff. February 1, 2009;
Readopted Eff. June 15, 2020 (The provisions of paragraph (e) of this Rule were transferred to 15A NCAC 02B .0606(b)).
15A NCAC 02B .0608 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: FOREST HARVESTING REQUIREMENTS
(a) PURPOSE. The following requirements shall apply to all forest harvesting operations and forestry-related land-disturbing activities subject to riparian buffer requirements under Rules .0601 through .0608 of this Section.
(b) REQUIREMENTS THROUGHOUT THE BUFFER. The following requirements shall apply:
(1) All forest harvest activities within the buffer shall comply with Forest Practices Guidelines Related to Water Quality as defined in 02 NCAC 60C;
(2) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(3) Timber felling shall be directed away from the stream or water body;
(4) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts;
(5) Individual trees may be treated to maintain or improve their health, form, or vigor;
(6) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest and disease infestation is allowed, when approved by the North Carolina Forest Service for a specific site in accordance with G.S. 106-920 through G.S. 106-926. The North Carolina Forest Service must notify the Division of all approvals within 60 calendar days;
(7) Removal of individual trees that are in danger of causing damage to structures or human life is allowed;
(8) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer is allowed provided that the soil disturbance is minimized;
(9) Prescribed burns shall be allowed when conducted for forest management purposes; and
(10) A one-time fertilizer application at agronomic rates in the riparian buffer is allowed to establish replanted vegetation. No runoff from this one-time application in the riparian buffer is allowed in the surface water.
(c) SELECTIVE HARVEST. Selective forest harvesting is allowed provided that:
(1) The forest lands have a deferment for use value under forestry in accordance with G.S. 105-277.2 through 277.6 or the forest lands have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request by the North Carolina Forest Service or the Division;
(2) Tracked or wheeled vehicles are only used for the purpose of selective timber harvesting where there is no other practical alternative for removal of individual trees;
(3) No tracked or wheeled vehicles shall be used to conduct site preparation activities;
(4) Trees are removed in a manner that minimizes disturbance to the soil and remaining vegetation;
(5) The first 10 feet of the riparian buffer directly adjacent to the stream or waterbody shall be undisturbed, except for the removal of individual high value trees. The removal of individual high value trees shall only be allowed provided that no trees with exposed roots visible in the streambank are cut, unless they meet Subparagraphs (b)(6) or (b)(7) of this Rule;
(6) In the area from 10 feet to 50 feet of the riparian buffer, a maximum of 50 percent of the trees greater than five inches diameter breast height (DBH) may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations as defined in 15A NCAC 02B .0610, where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible; and
(7) In the outer riparian buffer (landward of 50 feet), harvesting and regeneration of the forest stand shall be allowed, provided that ground cover is established and maintained to provide for diffusion and infiltration of surface runoff.
(d) EXCEPTIONS. Persons who wish to undertake forest harvesting operations or practices different from the requirements set forth in this Rule may request an Authorization Certificate with Exception pursuant to Rule .0606 of this Section.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009;
Readopted Eff. June 15, 2020.
15A NCAC 02B .0609 SITE SPECIFIC WATER QUALITY MANAGEMENT PLAN FOR THE GOOSE CREEK WATERSHED (YADKIN PEE-DEE RIVER BASIN): MANAGE ACTIVITIES WITHIN RIPARIAN BUFFERS: MITIGATION REQUIREMENTS FOR BUFFER IMPACTS
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143-215.8A;
Eff. February 1, 2009;
Repealed Eff. October 24, 2014.
15A ncac 02b .0610 managing ACTIVITIES WITHIN riparian buffers: DEFINITIONS
For the purposes of this Section, the following words and phrases shall mean:
(1) "Airport Facilities" means all properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases "air navigation facility," "airport," or "airport protection privileges" under G.S. 63-1; the definition of "aeronautical facilities" in G.S. 63-79(1); the phrase "airport facilities" as used in G.S. 159-48(b)(1); the phrase "aeronautical facilities" as defined in G.S. 159-81 and G.S. 159-97; and the phrase "airport facilities and improvements" as used in Article V, Section 13, of the North Carolina Constitution. The term shall include:
(a) airports;
(b) airport maintenance facilities;
(c) aeronautic industrial facilities that require direct access to the airfield;
(d) clear zones;
(e) drainage ditches;
(f) fields;
(g) hangars;
(h) landing lighting;
(i) airport and airport-related offices;
(j) parking facilities;
(k) related navigational and signal systems;
(l) runways;
(m) stormwater outfalls;
(n) terminals;
(o) terminal shops;
(p) all appurtenant areas used or suitable for airport buildings or other airport facilities; and
(q) all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe operation thereof and any combination of any or all of such facilities.
The following shall not be included in the definition of "airport facilities": Satellite parking facilities; retail and commercial development outside of the terminal area, such as rental car facilities; and other secondary development, such as hotels, industrial facilities, free-standing offices and other similar buildings, so long as these facilities are not directly associated with the operation of the airport, and are not operated by a unit of government or special governmental entity such as an airport authority, in which case they are included in the definition of "airport facilities."
(2) "Archaeological activities" means activities conducted by a Registered Professional Archaeologist (RPA).
(3) "Authority" means either the Division or a local government that has been delegated pursuant this Section to implement a riparian buffer program.
(4) "Bridge" means any spanning structure that begins and ends at the outer edge of the approach slabs and includes any support structures such as bents, pilings, footings, etc.
(5) "Built-upon area" means the term as defined in G.S. 143-214.7(b2).
(6) "Channel" means a natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
(7) "Coastal wetlands" means marshland as defined in G.S. 113-229.
(8) "Dam" means the term as defined in G.S. 143-215.25.
(9) "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
(10) "Development" means the term as defined in G.S. 143-214.7.
(11) "Director" means the Director of the Division.
(12) "Ditch or canal" means a man-made, open drainage way or channel other than a modified natural stream in or into which excess surface water or groundwater from land, stormwater runoff, or floodwaters flow either ephemerally, intermittently, or perennially. On the coastal plain, ditches are typically dug through inter-stream divide areas.
(13) "Division" means the Division of Water Resources of the North Carolina Department of Environmental Quality.
(14) "Ephemeral stream" means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the perched or seasonal high water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water.
(15) "Existing lot" in Randleman Lake watershed means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to the effective date of a local ordinance or ordinances enforcing Rule .0724 of this Subchapter. For activities listed in Rule .0724(12)(b) of this Subchapter, "existing lot" in the Randleman Lake watersheds means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to April 1, 1999. "Existing lot" in the Neuse and Tar-Pamlico river basins means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to August 1, 2000.
(16) "Existing utility line maintenance corridor" means the portion of a utility right of way that was established as a permanent maintenance corridor prior to the effective date of the Rule, or was approved as a permanent maintenance corridor through an Authorization Certificate or Variance issued by the Authority, and in which the vegetation has been maintained (e.g. can be mowed without a chainsaw or bush-hog).
(17) "Fertilizer" means the term as defined in Rule .0202 of this Subchapter.
(18) "Forest management plan" means the term as defined in G.S. 160A-458.5.
(19) "Forest plantation" means an area of planted trees that may be conifers (pines) or hardwoods. On a forest plantation, the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site.
(20) "Forest vegetation" means the term as defined in Rule .0202 of this Subchapter.
(21) "Freshwater" means the term as defined in Rule .0202 of this Subchapter.
(22) "Greenway / Hiking Trails" means pedestrian trails constructed of pervious and impervious surfaces and related structures including boardwalks, steps, rails, and signage, and that generally run parallel to the surface water.
(23) "High value tree" means a tree that meets or exceeds the following standards: for pine species, 14-inch DBH or greater or 18-inch or greater stump diameter; or for non-pine species, 16-inch DBH or greater or 24-inch or greater stump diameter.
(24) "Intermittent stream" means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the perched or seasonal high water table. The flow may be supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.
(25) "Local government" means the term as defined in Rule .0202 of this Subchapter.
(26) "Modified natural stream" means an on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with at least an intermittent conveyance of water.
(27) "Natural drainageway" means any water course, channel, ditch, or similar physiographic feature draining water from land to down gradient areas.
(28) "Normal water level" means the water level within a pond, lake, or other type of impoundment, natural or man-made (including beaver ponds), at the elevation of the outlet structure or spillway (i.e., the elevation of the permanent pool). The normal water level is typically identified by the lowest edge of the terrestrial vegetation.
(29) "Perched water table" means the term as defined in 15A NCAC 18A .1935.
(30) "Perennial stream" means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the perched or seasonal high water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
(31) "Perennial waterbody" means a natural or man-made watershed that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries and ocean.
(32) "Perpendicular" means leading toward the nearest subject surface water at an angle between 75 and 105 degrees.
(33) "Pruning" means the removal of dead tree or shrub branches or live tree or shrub branches with a diameter of less than four inches.
(a) Pruning for Deciduous Trees: If pruning must be done on deciduous trees, then it shall only be performed once a year during the dormant season or following an "act of God" situation, such as a hurricane or ice storm that causes tree damage. Dead branches on trees may be removed any time.
(b) Pruning for Coniferous Trees: Conifers may be pruned any time of year. Dead branches on trees may be removed any time.
(c) Pruning for Shrubs: Shrubs may be pruned by selectively removing branches while maintaining the natural shape of the plant. Cutting the branches of a shrub down to its main trunk is not a selective removal of branches.
(34) "Seasonal high water table" means the term as defined in 15A NCAC 02H .1002.
(35) "Streambank or shoreline stabilization" is the in-place stabilization of an eroding streambank or shoreline.
(36) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means the term as defined in 15A NCAC 02H .1002.
(37) "Stump diameter" means the diameter of a tree measured at six inches above the ground surface level.
(38) "Temporary road" means a road constructed temporarily for access or to maintain public traffic during construction and is restored upon completion of construction.
(39) "Transportation facility" means the existing road surface, road shoulders, fill slopes, ferry terminal fill areas, and constructed stormwater conveyances or drainage canals adjacent to and directly associated with the road.
(40) "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches.
(41) "Wetlands" means the same as defined in Rule .0202 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.8A; S.L. 1995-572; S.L. 1999-329; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413, S.L. 2015-246;
Eff. June 15, 2020 (The provisions of this Rule were previously codified in 15A NCAC 02B .0233(2), 15A NCAC 02B .0243(2), 15A NCAC 02B .0250(2), and 15A NCAC 02B .0259(2)).
15A NCAC 02b .0611 managing activities within riparian buffers: AUTHORIZATION CERTIFICATES
(a) PURPOSE. The following requirements shall apply to persons who wish to undertake uses designated as allowable upon authorization, allowable with mitigation upon authorization, or allowable with exception within the protected riparian buffer area as specified in the applicable riparian buffer protection rule of this Section and Section .0700 of this Subchapter.
(b) AUTHORIZATION CERTIFICATES. Persons who wish to undertake uses designated in the applicable riparian buffer protection rule of this Section as allowable upon authorization or allowable with mitigation upon authorization shall submit an application requesting an Authorization Certificate from the Authority.
(1) The application shall specify:
(A) The name, address, and phone number of the applicant;
(B) If the applicant is not the property owner(s), the name, address, and phone number of the property owner;
(C) If the applicant is a corporation, the name and address of the North Carolina process agency, and the name, address, and phone number of the individual who is the authorized agent of the corporation and responsible for the activity for which certification is sought. The corporation must be authorized to do business in NC;
(D) The nature of the activity to be conducted by the applicant;
(E) The location of the activity, including the jurisdiction;
(F) A map that is legible to the reviewer and of sufficient detail to delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land;
(G) An explanation of why this plan for the activity cannot be practically accomplished, reduced, relocated, or reconfigured to avoid or better minimize disturbance to the riparian buffer, preserve aquatic life and habitat, and protect water quality;
(H) Plans for any best management practices proposed to be used to control the impacts associated with the activity; and
(I) For uses designated as allowable with mitigation upon authorization or allowable with exception, a mitigation proposal in accordance with Rule .0295 of this Subchapter.
(2) The applicant shall demonstrate that the project meets all the following criteria:
(A) The basic project purpose cannot be practically accomplished in a manner that would avoid or better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(B) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
(C) Best management practices shall be used to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(3) The Authority shall issue an Authorization Certificate, deny the application, or request additional information within 60 calendar days after receipt of an application that meets the requirements as described in Subparagraphs (b)(1) and (b)(2) of this Rule. When the Authority requests additional information, the 60-day review period restarts upon receipt of all of the additional information requested by the Authority. Failure to issue the Authorization Certificate, deny the application, or request additional information within 60 calendar days shall be construed as issuance of an Authorization Certificate by the Authority to the applicant unless one of the following occurs:
(A) The applicant agrees, in writing, to a longer period;
(B) The applicant fails to furnish information necessary for the Authority's decision;
(C) The applicant refuses Authority staff access to its records or premises for the purpose of gathering information necessary for the Authority's decision; or
(D) Information necessary for the Authority's decision is unavailable.
(4) The Authority may attach conditions to the Authorization Certificate that ensure compliance with the riparian buffer protection program.
(5) Requests for appeals of Authorization Certificates issued by the Division shall be made pursuant to G.S. 150B. Requests for appeals of Authorization Certificates issued by the delegated local authority shall be pursuant to the local authority's ordinance.
(c) AUTHORIZATION CERTIFICATES WITH EXCEPTION. Persons who wish to undertake uses designated in the applicable riparian buffer protection rule of this Section as allowable with exception shall submit an application requesting an Authorization Certificate with Exception. The Authorization Certificate with Exception review procedure shall be as follows:
(1) All of the following conditions must be met in order to qualify for an Authorization Certificate with Exception:
(A) There are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements.
(B) If the applicant complies with the provisions of this Rule, he or she can secure no reasonable return from, nor make reasonable use of, his or her property. Merely proving that the Authorization Certificate with Exception would allow a greater profit from the property shall not be considered adequate justification for an Authorization Certificate with Exception. Moreover, the Authority shall consider whether the Authorization Certificate with Exception is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the property possible;
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography;
(D) The applicant did not cause the hardship;
(E) The requested Authorization Certificate with Exception is consistent with the general spirit, purpose, and intent of the State's riparian buffer protection requirements, will protect water quality, will secure public safety and welfare, and will preserve substantial justice.
(2) MINOR EXCEPTIONS. An Authorization Certificate with Minor Exception request pertains to allowable with exception activities that are proposed to impact equal to or less than one-third of an acre of riparian buffer.
(A) Authorization Certificate with Minor Exception requests shall be reviewed based on the criteria in Paragraph (b) and Subparagraph (c)(1) of this Rule.
(B) Within 60 calendar days of receipt of a complete application package that addresses Subparagraphs (b)(1), (b)(2), and (c)(1) of this Rule, the Authority shall issue an Authorization Certificate with Minor Exception if the Authority determines that the criteria in Subparagraph (b)(2) and (c)(1) of this Rule have been met and the applicant satisfies other applicable requirements as described in Paragraph (b) and Subparagraph (c)(1) of this Rule. If the Authority determines that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have not been met, the Authority shall issue a final decision denying the Authorization Certificate with Minor Exception.
(3) MAJOR EXCEPTIONS. An Authorization Certificate with Major Exception request pertains to allowable with exception activities that are proposed to impact greater than one-third of an acre of riparian buffer.
(A) Authorization Certificate with Major Exception requests shall be reviewed based on the criteria in Paragraph (b) and Subparagraph (c)(1) of this Rule.
(B) Within 60 calendar days of receipt of a complete application package that addresses Subparagraphs (b)(1), (b)(2), and (c)(1) of this Rule, the Authority shall prepare a preliminary finding as to whether the criteria in Subparagraphs (b)(2) and (c)(1) of this Rule have been met.
(C) Notice of each pending complete application for an Authorization Certificate with Major Exception, including the preliminary finding prepared by the Authority, shall be posted on the Division's website and sent to all individuals on the Mailing List, as described in 15A NCAC 02H .0503(g), at least 30 calendar days prior to proposed final action by the Authority on the application. If the Authority is not the Division, then the Authority shall forward the required notice information to the Division for posting.
(D) Within 60 calendar days following the notice as described in Part (c)(3)(C) of this Rule, upon the Authority's determination that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have been met, the Authority shall issue an Authorization Certificate with Major Exception. If the Authority determines that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have not been met, the Authority shall issue a final decision denying the Authorization Certificate with Major Exception.
(4) The Authority may attach conditions to the Authorization Certificate with Exception that ensure compliance with the riparian buffer protection program.
(5) Requests for appeals of Authorization Certificates with Exception issued by the Division shall be made pursuant to G.S. 150B. Requests for appeals of Authorization Certificates with Exception issued by the delegated local authority shall be made pursuant to the local authority's ordinance.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.8A; S.L. 1995-572; S.L. 1999-329; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413; S.L. 2015-246;
Eff. June 15, 2020 (The provisions of this Rule were previously codified in 15A NCAC 02B .0233(8) & (9), 15A NCAC 02B .0243(8) & (9), 15A NCAC 02B .0250(11) & (12) and 15A NCAC 02B .0259(8) & (9)).
15A NCAC 02b .0612 managing ACTIVITIES WITHIN riparian buffers: FOREST HARVESTING REQUIREMENTS
(a) PURPOSE. The following requirements shall apply to all forest harvesting operations and forestry-related land-disturbing activities subject to riparian buffer requirements in the following River Basins and Watersheds:
(1) Catawba River Basin as specified in 15A NCAC 02B .0614;
(2) Neuse River Basin as specified in 15A NCAC 02B .0714;
(3) Randleman Lake Watershed as specified in 15A NCAC 02B .0724; and
(4) Tar-Pamlico River Basin as specified in 15A NCAC 02B .0734.
(b) REQUIREMENTS THROUGHOUT THE BUFFER. The following requirements shall apply:
(1) All forest harvest activities within the buffer shall comply with Forest Practices Guidelines Related to Water Quality as defined in 02 NCAC 60C;
(2) Logging decks and sawmill sites shall not be placed in the riparian buffer;
(3) Timber felling shall be directed away from the stream or waterbody;
(4) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts;
(5) Individual trees may be treated to maintain or improve their health, form, or vigor;
(6) Harvesting of dead or infected trees or application of pesticides as necessary to prevent or control the spread of tree pest and disease infestation shall be allowed. These practices must be approved by the North Carolina Forest Service for a specific site in accordance with G.S. 106-920 through G.S. 106-926. The North Carolina Forest Service must notify the Division of all approvals within 60 calendar days;
(7) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed;
(8) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized;
(9) Prescribed burns shall be allowed when conducted for forest management purposes; and
(10) A one-time fertilizer application at agronomic rates in the riparian buffer is allowed to establish replanted vegetation. No runoff from this one-time application in the riparian buffer is allowed in the surface water.
(c) REQUIREMENTS IN ZONE 1 OF THE BUFFER. Selective forest harvesting is allowed in Zone 1, as defined by the applicable Rule of this Section, provided that:
(1) The forest lands have a deferment for use value under forestry in accordance with G.S. 105-277.2 through 277.6 or the forest lands have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request by the North Carolina Forest Service or the Division;
(2) Tracked or wheeled vehicles are only used for the purpose of selective timber harvesting where there is no other practical alternative for removal of individual trees;
(2) No tracked or wheeled vehicles shall be used to conduct site preparation activities;
(3) Trees are removed in a manner that minimizes disturbance to the soil and remaining vegetation;
(4) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be undisturbed, except for the removal of individual high value trees. The removal of individual high value trees shall only be allowed provided that no trees with exposed primary roots visible in the streambank are cut, unless they meet Subparagraphs (b)(6) or (b)(7) of this Rule; and
(5) A maximum of 50 percent of the trees greater than five inches DBH may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations as defined in 15A NCAC 02B .0610 where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible.
(d) REQUIREMENTS IN ZONE 2 OF THE BUFFER. In Zone 2, harvesting and regeneration of the forest stand shall be allowed, provided that ground cover is established and maintained to provide for diffusion and infiltration of surface runoff.
(e) EXCEPTIONS. Persons who wish to undertake forest harvesting operations or practices different from the requirements set forth in this Rule may request an Authorization Certificate with Exception pursuant to Rule .0611 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.8A; S.L. 1995-572; S.L. 1999-329; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413, S.L. 2015-246;
Eff. June 15, 2020 (The provisions of this Rule were previously codified in 15A NCAC 02B .0233(11), 15A NCAC 02B .0243(11), 15A NCAC 02B .0250(16) and 15A NCAC 02B .0259(11)).
15a ncac 02b .0614 CATAWBA RIVER BASIN: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers along the Catawba River mainstem below Lake James and along mainstem lakes from and including Lake James to the North Carolina and South Carolina border in the Catawba River Basin.
(1) PURPOSE. The purpose of this Rule shall be to maintain and protect existing riparian buffers along the Catawba River mainstem below Lake James and along mainstem lakes from and including Lake James to the North Carolina and South Carolina border in the Catawba River Basin in order to maintain their pollutant removal functions as an aid in protecting the water quality of the lakes and connecting river segments.
(2) DEFINITIONS. The terms used in this Rule shall be as defined in Rule .0610 of this Section and as follows:
(a) "Authority" means either the Division or a local government that has been delegated pursuant this Rule to implement the riparian buffer program.
(b) "Riparian buffer" means the area as defined in Item (4) of this Rule.
(c) "Full Pond Level" is a term used by Duke Energy Inc. that refers to the project water level, referenced to mean sea level, for each of the seven mainstem lakes along the Catawba River. The landward edge of the lakes at full pond level represents the project boundary for each lake.
(d) "Mainstem lakes" means the following impoundments created along the mainstem of the Catawba River: Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and Lake Wylie (North Carolina portion).
(3) APPLICABILITY. This Rule applies to all landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Item (4) of this Rule in the Catawba River Basin.
(4) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers:
(a) This Rule shall apply to activities conducted within 50-foot wide riparian buffers along the Catawba River mainstem below Lake James and along the mainstem lakes in the Catawba River Basin, excluding wetlands;
(b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506;
(c) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (8) of this Rule;
(d) Riparian buffers protected by this Rule shall be measured pursuant to Item (7) of this Rule;
(e) A riparian buffer may be exempt from this Rule as described in Items (5) and (6) of this Rule;
(f) No new clearing, grading or development shall take place nor shall any new building permits be issued in violation of this Rule.
(5) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing.
(a) A use shall be considered existing if:
(i) It was present within the riparian buffer as of June 30, 2001 and has continued to exist since that time;
(ii) It was a deemed allowable activity as listed in Item (10) of this Rule;
(iii) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority; or
(iv) The project or proposed development are determined by the Authority to meet at least one of the following criteria:
(A) Project requires a 401 Certification/404 permit and these were issued prior to June 30, 2001 and are still valid; or
(B) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and had received all required state permits prior to June 30, 2001; or
(C) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with the Department on avoidance and minimization by June 30, 2003; or
(D) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division prior to June 30, 2001.
(b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors and on-site sanitary sewage systems, any of which involve either specific periodic management of vegetation or displacement of vegetation by structures or regular activity.
(c) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule.
(d) Change of ownership through purchase or inheritance is not a change of use.
(e) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not exist prior to June 30, 2001, and the site is in compliance with Item (8) of this Rule.
(f) A project that can be documented to the Authority that has vested rights that were established or recognized for that project under the common law or by G.S. 153A-344(b), 153A-344.1, 160A-385(b), or 160A-385.1 prior to July 1, 2001. This Rule does not confer or restrict a vested right established or recognized under common law or G.S. 153A-344(b), 153A-344.1, 160A-385(b), or 160A-385.1.
(g) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (5)(a) through (5)(f) of this Rule.
(6) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met:
(a) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.
(b) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before July 22, 1997.
(c) The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B(3).
(7) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (8) and (9) of this Rule. The location of Zone 1 shall be as follows:
(i) For the Catawba River mainstem below Lake James, Zone 1 shall begin at the most landward limit of the top of the bank and extend landward a distance of 30 feet on all sides of the river, measured horizontally on a line perpendicular to the river.
(ii) For the mainstem lakes located on the Catawba River mainstem, Zone 1 shall begin at the full pond level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the lake.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in Items (8) and (9) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water along the Catawba River mainstem below Lake James and along mainstem lakes in the Catawba River Basin.
(8) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (9)(a) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Sub-Item (9)(a)(v) of this Rule:
(a) The following are deemed allowable as defined in Sub-Item (9)(a)(i) of this Rule:
(i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state-approved local government stormwater program; and
(ii) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance.
(b) The following are allowable upon authorization as defined in Sub-Item (9)(a)(ii) of this Rule:
(i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state-approved local government stormwater program;
(ii) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm;
(iii) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .1059;
(iv) Realignment of existing roadside drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations;
(v) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same;
(vi) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(vii) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and
(viii) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only.
(9) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited.
(a) Potential new uses shall have the following requirements:
(i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub-Item (8)(a) and Item (10) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. In addition, deemed allowable uses shall meet requirements listed in Item (10) of this Rule for the specific use.
(ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Sub-Item (8)(b) and Item (10) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Section.
(iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation upon authorization in Item (10) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Section and an appropriate mitigation strategy has received written approval pursuant to Item (11) of this Rule.
(iv) PROHIBITED. Uses designated as Prohibited in Item (10) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval.
(v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Item (10) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Section and an appropriate mitigation strategy that has received written approval pursuant to Item (11) of this Rule.
(10) TABLE OF USES: The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited:
|Use |Deemed |Allowable Upon |Allowable with |Prohibited |
| |Allowable |Authorization |Mitigation Upon | |
| | | |Authorization | |
|(a) Airport facilities: | | | | |
|(i) Vegetation removal activities necessary to comply with Federal |X | | | |
|Aviation Administration requirements (e.g. line of sight | | | | |
|requirements) provided the disturbed areas are stabilized and | | | | |
|revegetated | | | | |
|(ii) Airport facilities that impact equal to or less than one-third| |X | | |
|of an acre of riparian buffer | | | | |
|(ii) Airport facilities that impact greater than one-third of an | | |X | |
|acre of riparian buffer | | | | |
|(b) Archaeological activities |X | | | |
|(c) Bridges: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian |X | | | |
|buffer | | | | |
|(ii) Impact greater than one-tenth of an acre of riparian buffer | |X | | |
|(d) Dam maintenance activities: | | | | |
|(i) Dam maintenance activities that do not cause additional |X | | | |
|riparian buffer disturbance beyond the footprint of the existing | | | | |
|dam | | | | |
|(ii) Dam maintenance activities that do cause additional riparian | |X | | |
|buffer disturbance beyond the footprint of the existing dam | | | | |
|(e) Fences: | | | | |
|(i) Fencing livestock out of surface waters |X | | | |
|(ii) Installation does not result in removal of trees from Zone 1 |X | | | |
|(iii) Installation results in removal of trees from Zone 1 | |X | | |
|(f) Fertilizer: | | | | |
|(i) One-time fertilizer application at agronomic rates in the |X | | | |
|riparian buffer to establish replanted vegetation. No runoff from | | | | |
|this one-time application in the riparian buffer is allowed in the | | | | |
|surface water | | | | |
|(ii) Ongoing fertilizer application | | | |X |
|(g) Forest harvesting - see Rule .0612 of this Section | | | | |
|(h) Grading only in Zone 2 provided that the health of existing |X | | | |
|vegetation in Zone 1 is not compromised, Item (8) of this Rule is | | | | |
|complied with, and disturbed areas are stabilized and revegetated | | | | |
|(i) Greenways, trails, sidewalks or linear pedestrian/bicycle | | | | |
|transportation systems: | | | | |
|(i) On publicly owned property |X | | | |
|(ii) In Zone 2 provided that no built upon area is added within the|X | | | |
|riparian buffer | | | | |
|(iii) In Zone 1 provided that no built upon area is added within |X | | | |
|the riparian buffer and the installation does not result in the | | | | |
|removal of tree(s) | | | | |
|(iv) When built upon area is added to the riparian buffer, equal to| |X | | |
|or less than 10 feet wide with two foot wide shoulders. Shall be | | | | |
|located outside Zone 1 unless there is no practical alternative | | | | |
|(v) When built upon area is added to the riparian buffer, greater | | |X | |
|than 10 feet wide with two foot wide shoulders. Shall be located | | | | |
|outside Zone 1 unless there is no practical alternative | | | | |
|(j) Historic preservation |X | | | |
|(k) New Landfills as defined by G.S. 130A-290 | | | |X |
|(l) Mining activities: | | | | |
|(i) Mining activities that are covered by the Mining Act provided | |X | | |
|that new riparian buffers that meet the requirements of Items (7) | | | | |
|and (8) of this Rule are established adjacent to any relocated | | | | |
|channels | | | | |
|(ii) Mining activities that are not covered by the Mining Act OR | | |X | |
|where new riparian buffers that meet the requirements of Items (7) | | | | |
|and (8) of this Rule are not established | | | | |
|(iii) Wastewater or mining dewatering wells with approved NPDES |X | | | |
|permit | | | | |
|(m) On-site sanitary sewage systems – new ones that use ground | | | |X |
|absorption | | | | |
|(n) Pedestrian access trail and associated steps leading to a | | | | |
|surface water, dock, canoe or kayak access, fishing pier, boat ramp| | | | |
|or other water dependent structure: | | | | |
|(i) Equal to or less than six feet wide that does not result in the|X | | | |
|removal of tree(s) within the riparian buffer and does not result | | | | |
|in the addition of built upon area to the riparian buffer | | | | |
|(ii) Equal to or less than six feet wide that results in the | |X | | |
|removal of tree(s) or the addition of built upon area to the | | | | |
|riparian buffer | | | | |
|(iii) Greater than six feet wide | | |X | |
|(o) Playground equipment: | | | | |
|(i) Playground equipment on single-family lots provided that |X | | | |
|installation and use does not result in removal of vegetation | | | | |
|(ii) Playground equipment on single-family lots where installation | |X | | |
|or use results in the removal of vegetation | | | | |
|(iii) Playground equipment installed on lands other than | |X | | |
|single-family lots | | | | |
|(p) Properties that have been subdivided by a preliminary | | | | |
|subdivision plat approved by local governments within the Catawba | | | | |
|River Basin within 2 years prior to June 30, 2001 for conventional | | | | |
|subdivisions and within 5 years prior to June 30, 2001 for phased | | | | |
|subdivisions. The submitted preliminary subdivision plan stall | | | | |
|include all of the following: total acreage of land proposed for | | | | |
|platting, boundaries of the tract or portion thereof to be | | | | |
|subdivided, with all bearings and distances accurately shown, | | | | |
|including dimensions of all lot lines; location and use of all | | | | |
|existing and proposed easements, including easements for drainage | | | | |
|and utilities, location, width of rights-of-way and all proposed | | | | |
|streets, location of all utilities installations, distance to | | | | |
|nearest public water supply and sanitary sewerage systems, | | | | |
|significant natural features including existing riparian buffer | | | | |
|areas, existing wetlands, lakes or rivers, or other natural | | | | |
|features affecting the site, and existing physical features | | | | |
|including buildings, streets, railroads, power lines, drainage | | | | |
|ways, sewer and water or spring heads, and town limit lines both to| | | | |
|or adjacent to the land to be subdivided: | | | | |
|(i) Uses in Zone 2 provided that the ground is stabilized and Item |X | | | |
|(8) of this Rule is complied with | | | | |
|(ii) Uses in Zone 1 provided that the ground is stabilized and Item| |X | | |
|(8) of this Rule is complied with. On-site waste systems, septic | | | | |
|tanks and drainfields are not allowed in Zone 1 | | | | |
|(q) Properties that are included on a recorded subdivision plan | | | | |
|prior to June 30, 2001: | | | | |
|(i) Uses in Zone 2 provided that the ground is stabilized and Item |X | | | |
|(8) of this Rule is complied with | | | | |
|(ii) Uses in Zone 1 provided that the ground is stabilized and Item| |X | | |
|(8) of this Rule is complied with. On-site waste systems, septic | | | | |
|tanks and drainfields are not allowed in Zone 1 | | | | |
|(r) Protection of existing structures and facilities when this | |X | | |
|requires additional disturbance to the riparian buffer | | | | |
|(s) Public Safety - publicly owned spaces where it has been |X | | | |
|determined by the head of the local law enforcement agency with | | | | |
|jurisdiction over that area that the riparian buffers pose a risk | | | | |
|to public safety. The head of the local law enforcement agency | | | | |
|shall notify the local government with land use jurisdiction over | | | | |
|the publicly owned space and the Division of Water Resources of any| | | | |
|such determination in writing | | | | |
|(t) Pumps for agricultural irrigation in Zone 1 provided that |X | | | |
|installation and use does not result in removal of trees as defined| | | | |
|in this Rule | | | | |
|(u) Removal of previous fill or debris provided that Item (8) of |X | | | |
|this Rule is complied with and any vegetation removed is restored | | | | |
|(v) Restoration or enhancement (wetland, stream) as defined in 33 | | | | |
|CFR Part 332 available free of charge on the internet at: | | | | |
| | | | |
|index.cfm: | | | | |
|(i) Wetland or stream restoration that is part of a compensatory |X | | | |
|mitigation bank, nutrient offset bank or the In Lieu Fee program | | | | |
|(ii) Wetland or stream restoration other than those listed above | |X | | |
|(w) Road, driveway or railroad - impacts other than perpendicular | | |X | |
|crossings of surface waters subject to this Rule | | | | |
|(x) Road, driveway or railroad - perpendicular crossings of surface| | | | |
|waters subject to this Rule: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian |X | | | |
|buffer | | | | |
|(ii) Impact greater than one-tenth of an acre but equal to or less | |X | | |
|than one-third of an acre of riparian buffer | | | | |
|(iii) Impact greater than one-third of an acre of riparian buffer | | |X | |
|(iv) Driveway crossings in a residential subdivision that | |X | | |
|cumulatively impact equal to or less than one-third of an acre of | | | | |
|riparian buffer | | | | |
|(v) Driveway crossings in a residential subdivision that | | |X | |
|cumulatively impact greater than one-third of an acre of riparian | | | | |
|buffer | | | | |
|(vi) Farm roads and forest roads that are exempt from permitting |X | | | |
|from the U.S. Army Corps of Engineers per Section 404(f) of the | | | | |
|Federal Clean Water Act | | | | |
|(y) Road relocation of existing private access roads associated | | | | |
|with public road projects where necessary for public safety: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer | |X | | |
|impact | | | | |
|(ii) Greater than 2,500 square feet of riparian buffer impact | | |X | |
|(z) Scientific studies and gauging station |X | | | |
|(aa) Shoreline stabilization | |X | | |
|(bb) Slatted uncovered decks including steps and support posts, | | | | |
|which are associated with a dwelling, provided that it meets the | | | | |
|requirements of Items (7) and (8) of this Rule: | | | | |
|(i) Installation does not result in removal of vegetation in Zone 1| |X | | |
|(ii) Installation results in removal of vegetation in Zone 1 | | |X | |
|(cc) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H | | | | |
|.1002: | | | | |
|(i) In Zone 2 if Item (8) of this Rule is complied with | |X | | |
|(ii) In Zone 1 | | |X | |
|(dd) Temporary roads, provided that the disturbed area is restored | | | | |
|to pre-construction topographic and hydrologic conditions and | | | | |
|replanted with comparable vegetation within two months of when | | | | |
|construction is complete. Tree planting may occur during the | | | | |
|dormant season. At the end of five years, any restored wooded | | | | |
|riparian buffer shall comply with the restoration criteria in Rule | | | | |
|.0295(i) of this Subchapter: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer |X | | | |
|disturbance | | | | |
|(ii) Greater than 2,500 square feet of riparian buffer disturbance | |X | | |
|(iii) Associated with culvert installation, bridge construction or | |X | | |
|replacement | | | | |
|(ee) Temporary sediment and erosion control devices provided that | | | | |
|the disturbed area is restored to preconstruction topographic and | | | | |
|hydrologic conditions and replanted with comparable vegetation | | | | |
|within two months of when construction is complete. Tree planting | | | | |
|may occur during the dormant season. At the end of five years, any | | | | |
|restored wooded riparian shall comply with the restoration criteria| | | | |
|in Rule .0295(i) of this Subchapter: | | | | |
|(i) In Zone 2 provided that ground cover is established within the |X | | | |
|timeframes required by the Sedimentation and Erosion Control Act, | | | | |
|vegetation in Zone 1 is not compromised and that discharge is | | | | |
|released in accordance with Item (8) of this Rule | | | | |
|(ii) In Zones 1 and 2 to control impacts associated with uses | |X | | |
|identified in this Table or uses approved by the Authority or that | | | | |
|have received an Authorization Certificate with Exception provided | | | | |
|that sediment and erosion control for upland areas is addressed | | | | |
|outside the riparian buffer | | | | |
|(iii) In-stream temporary erosion and sediment control measures for|X | | | |
|work within a stream channel that is authorized under Sections 401 | | | | |
|and 404 of the Federal Clean Water Act | | | | |
|(ff) Utility – Streambank stabilization for the protection of | | | | |
|publicly owned utility lines (not including new line installation):| | | | |
|(i) Less than 150 feet of streambank disturbance |X | | | |
|(ii) Greater than 150 feet of streambank disturbance | |X | | |
|(gg) Utility – Sewer lines - Sanitary Sewer Overflows: | | | | |
|(i) Emergency sanitary sewer overflow response activities, provided|X | | | |
|that the disturbed area within the riparian buffer outside of the | | | | |
|existing utility line maintenance corridor is the minimum necessary| | | | |
|to respond to the emergency overflow, is restored to | | | | |
|pre-construction topographic and hydrologic conditions, and is | | | | |
|replanted with comparable vegetation (e.g. grass with grass, | | | | |
|hardwoods with hardwoods) within two months of when disturbance is | | | | |
|complete | | | | |
|(ii) Emergency sanitary sewer overflow response activities that do | |X | | |
|not meet the listing above. For any new proposed permanent impacts | | | | |
|that are not a "Deemed Allowable Activity", an application for an | | | | |
|Authorization Certificate shall be submitted to the Authority no | | | | |
|later than 30 calendar days of conclusion of the emergency response| | | | |
|activities | | | | |
|(hh) Utility – Sewer Lines – Vegetation maintenance activities that| | | | |
|remove forest vegetation from existing sewer utility right of ways | | | | |
|(not including new line installation) outside of the existing | | | | |
|utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without | | | | |
|disturbance to the soil structure for a maintenance corridor that | | | | |
|is equal to or less than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(ii) Utility - Sewer Lines –Replacement/Rehabilitation of existing | | | | |
|sewer lines within, or adjacent to, an existing right of way but | | | | |
|outside of an existing utility line maintenance corridor provided | | | | |
|that comparable vegetation (e.g. grass with grass, hardwoods with | | | | |
|hardwoods) is allowed to regenerate in disturbed riparian buffers | | | | |
|outside of the permanent maintenance corridor and riparian buffers | | | | |
|outside of the permanent maintenance corridor are not maintained: | | | | |
|(i) Permanent maintenance corridor equal to or less than 30 feet |X | | | |
|wide provided there is no grading and/or grubbing within 10 feet of| | | | |
|the top of bank when the sewer line is parallel to the stream | | | | |
|(ii) Grading and/or grubbing within 10 feet of the top of bank when| |X | | |
|the sewer line is parallel to the stream and permanent maintenance | | | | |
|corridor equal to or less than 30 feet wide | | | | |
|(iii) Permanent maintenance corridor greater than 30 feet wide. For| | |X | |
|impacts other than perpendicular crossings, mitigation is only | | | | |
|required for Zone 1 impacts. For perpendicular crossings that | | | | |
|disturb equal to or less than 40 linear feet, no mitigation is | | | | |
|required. For perpendicular crossings that disturb greater than 40 | | | | |
|linear feet, mitigation is only required for Zone 1 impacts | | | | |
|(jj) Utility – Sewer Lines - New Line Construction Activities - | | | | |
|Perpendicular crossings of streams and other surface waters subject| | | | |
|to this Rule or perpendicular entry into the riparian buffer that | | | | |
|does not cross a stream or other surface water subject to this Rule| | | | |
|provided that vegetation is allowed to regenerate in disturbed | | | | |
|areas outside of the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 40 linear feet |X | | | |
|wide and a permanent maintenance corridor that is equal to or less | | | | |
|than 30 feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and | |X | | |
|less than or equal to 150 linear feet and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide | | |X | |
|and a permanent maintenance corridor that is equal to or less than | | | | |
|30 feet wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear | | |X | |
|feet wide. For impacts other than perpendicular crossings, | | | | |
|mitigation is only required for Zone 1 impacts. For perpendicular | | | | |
|crossings that disturb equal to or less than 40 linear feet, no | | | | |
|mitigation is required. For perpendicular crossings that disturb | | | | |
|greater than 40 linear feet, mitigation is only required for Zone 1| | | | |
|impacts | | | | |
|(kk) Utility – Sewer Lines - New Line Construction/Installation | | | | |
|Activities - Impacts other than perpendicular crossings provided | | | | |
|that vegetation is allowed to regenerate in disturbed areas, except| | | | |
|within the permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are| |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within 10 feet immediately adjacent to the | | | | |
|surface water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(ll) Utility – Non-Sewer Underground Lines – Vegetation maintenance| | | | |
|activities that remove forest vegetation from existing utility | | | | |
|right of ways (not including new line installation) outside of the | | | | |
|existing utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without | | | | |
|disturbance to the soil structure for a maintenance corridor that | | | | |
|is equal to or less than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(mm)Utility – Non-sewer underground lines - Perpendicular crossings| | | | |
|of streams and other surface waters subject to this Rule or | | | | |
|perpendicular entry into the riparian buffer that does not cross a | | | | |
|stream or other surface water subject to this Rule provided that | | | | |
|vegetation is allowed to regenerate in disturbed areas outside of | | | | |
|the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 50 linear feet |X | | | |
|wide and a permanent maintenance corridor that is equal to or less | | | | |
|than 30 feet wide | | | | |
|(ii) Construction corridor of greater than 50 linear feet wide and | |X | | |
|less than or equal to 150 linear feet wide and a permanent | | | | |
|maintenance corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide | | |X | |
|and a permanent maintenance corridor that is equal to or less than | | | | |
|30 feet wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear | | |X | |
|feet wide (mitigation is required only for Zone 1 impacts) | | | | |
|(nn) Utility – Non-Sewer Underground Lines. Impacts other than | | | | |
|perpendicular crossings provided that vegetation is allowed to | | | | |
|regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are| |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within 10 feet immediately adjacent to the | | | | |
|surface water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(oo) Utilities – Non-Sewer Aerial Lines - Perpendicular crossings | | | | |
|of streams and other surface waters subject to this Rule or | | | | |
|perpendicular entry into the riparian buffer that does not cross a | | | | |
|stream or other surface water subject to this Rule: | | | | |
|(i) Disturb equal to or less than 150 linear feet wide of riparian |X | | | |
|buffer provided that a minimum zone of 10 feet wide immediately | | | | |
|adjacent to the waterbody is managed such that only vegetation that| | | | |
|poses a hazard or has the potential to grow tall enough to | | | | |
|interfere with the line is removed, that no land grubbing or | | | | |
|grading is conducted in Zone 1, and that poles or aerial | | | | |
|infrastructure are not installed within 10 feet of a waterbody | | | | |
|(ii) Disturb greater than 150 linear feet wide of riparian buffer | |X | | |
|(pp) Utilities – Non-Sewer Aerial Lines - Impacts other than | | | | |
|perpendicular crossings of streams and other surface waters subject| | | | |
|to this Rule or perpendicular entry into the riparian buffer that | | | | |
|does not cross a stream or other surface water subject to this | | | | |
|Rule: | | | | |
|(i) Impacts in Zone 2 only |X | | | |
|(ii) Impacts in Zone 1 provided that a minimum zone of 10 feet wide| |X | | |
|immediately adjacent to the waterbody is managed such that only | | | | |
|vegetation that poses a hazard or has the potential to grow tall | | | | |
|enough to interfere with the line is removed, that no land grubbing| | | | |
|or grading is conducted in Zone 1, and that poles or aerial | | | | |
|infrastructure are not installed within 10 feet of a waterbody | | | | |
|(qq) Vegetation management: | | | | |
|(i) Emergency fire control measures provided that topography is |X | | | |
|restored | | | | |
|(ii) Periodic mowing and harvesting of plant products only in Zone |X | | | |
|2 | | | | |
|(iii) Placement of mulch ring around restoration plantings for a |X | | | |
|period of five years from the date of planting | | | | |
|(iv) Planting non-invasive vegetation to enhance the riparian |X | | | |
|buffer | | | | |
|(v) Pruning forest vegetation provided that the health and function|X | | | |
|of the forest vegetation is not compromised | | | | |
|(vi) Removal of individual trees, branches or limbs which are in |X | | | |
|danger of causing damage to dwellings, existing utility lines, | | | | |
|other structures or human life, or are imminently endangering | | | | |
|stability of the streambank provided that the stumps are left or | | | | |
|ground in place without causing additional land disturbance | | | | |
|(vii) Removal of individual trees which are dead, diseased or |X | | | |
|damaged | | | | |
|(viii)Removal of poison ivy, oak or sumac. Removal can include |X | | | |
|application of pesticides within the riparian buffer if the | | | | |
|pesticides are certified by EPA for use in or near aquatic sites | | | | |
|and are applied in accordance with the manufacturer's instructions.| | | | |
|If removal is significant, then the riparian buffer shall be | | | | |
|replanted with non-invasive species | | | | |
|(ix) Removal of understory nuisance vegetation listed in Appendix |X | | | |
|III of: Smith, Cherri L. 2008. Invasive Plants of North Carolina. | | | | |
|Dept. of Transportation. Raleigh, NC (available at | | | | |
| | | | |
|ea07-42dc-bb27-45a78d1c7ebe&groupId=38364). Removal can include | | | | |
|application of pesticides within the riparian buffer is the | | | | |
|pesticides are certified by EPA for use in or near aquatic sites | | | | |
|and are applied in accordance with the manufacturer's instructions.| | | | |
|If removal is significant, then the riparian buffer shall be | | | | |
|replanted with non-invasive species. | | | | |
|(rr) Vehicle access roads and boat ramps (excluding parking areas) | | | | |
|leading to the surface water, docks, fishing piers, and other water| | | | |
|dependent activities: | | | | |
|(i) Single vehicular access road and boat ramp to the surface water| |X | | |
|but not crossing the surface water that are restricted to the | | | | |
|minimum width practicable not to exceed 15 feet wide | | | | |
|(ii) Vehicular access roads and boat ramps to the surface water but| | |X | |
|not crossing the surface water that are restricted to the minimum | | | | |
|width practicable and exceed 15 feet wide | | | | |
|(ss) View corridors: | | | | |
|(i) Thinning of underbrush, shrubs, and limbs up to 50% of |X | | | |
|individual tree height to enhance a lake view provided soils are | | | | |
|undisturbed, Item (8) of this Rule is complied with and no stems of| | | | |
|woody vegetation larger than 3" DBH are removed | | | | |
|(ii) Thinning of underbrush, shrubs, and limbs above 50% of | |X | | |
|individual tree height to enhance a lake view provided soils are | | | | |
|undisturbed, Item (8) of this Rule is complied with and no stems of| | | | |
|woody vegetation larger than 3" DBH are removed | | | | |
|(tt) Water dependent structures (except for boat ramps) as defined | |X | | |
|in Rule .0202 of this Subchapter | | | | |
|(uu) Water wells |X | | | |
|(vv) Wildlife passage structures | |X | | |
(11) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation upon authorization as defined in Sub-Item (9)(a)(iii) of this Rule or allowable with exception as defined in Sub-Item (9)(a)(v) of this Rule shall meet the following requirements in order to proceed with their proposed use:
(a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Section; and
(b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
(12) PREVIOUSLY APPROVED DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFER. The following set out the requirements for delegation of the responsibility for implementing and enforcing the Catawba River riparian buffer protection program, as described in this Rule, to local governments previously approved by the Division:
(a) All local governments that have land use authority along the Catawba River mainstem below Lake James and along mainstem lakes in the Catawba River Basin may adopt local riparian buffer ordinances to protect water quality. The Division shall approve the local riparian buffer ordinance within 30 days after receiving the request from local governments, if the Division determines that the local riparian buffer ordinance provides equal to or greater water quality protection than this Rule. This Rule shall not apply in any area where a local government has obtained the Division's approval of the local riparian buffer ordinance, provided that the local government is implementing and enforcing the approved local riparian buffer ordinance. The Division, upon determination that the local government is failing to implement or enforce the approved local riparian buffer ordinance, shall notify the local government in writing of the local program inadequacies. If the local government has not corrected the deficiencies within 90 days of receipt of written notification, then the Division shall implement and enforce the provisions of this Rule.
(b) The Division shall be responsible for the implementation of this rule for all riparian areas and activities not regulated under a Division-approved local government ordinance.
(13) DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFER. The following set out the requirements for delegation of the responsibility for implementing and enforcing the Catawba River riparian buffer protection program, as described in this Rule, to local governments not previously approved by the Division:
(a) The Commission shall grant local government delegation of the Catawba River Riparian Buffer Protection requirements as described in this Rule according to the following procedures:
(i) Local governments within the Catawba River may submit a written request to the Commission for authority to implement and enforce the Catawba River riparian buffer protection requirements within their jurisdiction by establishing a riparian buffer program to meet the requirements of this Rule. The written request to establish a riparian buffer program shall include the following:
(A) Documentation that the local government has land use jurisdiction along the Catawba River mainstem below Lake James and along mainstem lakes in the Catawba River Basin. This can be demonstrated by delineating the local land use jurisdictional boundary on the USGS 1:24,000 topographical map(s) or other finer scale map(s);
(B) Documentation that the local government has the administrative organization, staff, legal authority, financial resources and other resources necessary to implement and enforce the State's riparian buffer protection requirements based on its size and projected amount of development;
(C) The local government ordinances, resolutions, or regulations necessary to establish a riparian buffer program to meet the requirements of this Rule and G.S. 143-214.23A.
(D) Documentation that the local government's riparian buffer program shall comply with all requirements set forth in G.S. 143-214.23A
(E) A plan to address violations with civil or criminal remedies and actions as well as remedies that shall restore riparian buffer functions on violation sites and provide a deterrent against the occurrence of future violations.
(ii) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government whether it has been approved, approved with modifications, or denied.
(b) The Division has jurisdiction to the exclusion of local governments to implement the requirements of this Rule for the following types of activities:
(i) Activities undertaken by the State;
(ii) Activities undertaken by the United States;
(iii) Activities undertaken by multiple jurisdictions;
(iv) Activities undertaken by local units of government;
(v) Forest harvest activities described in Rule .0612 of this Section; and
(vi) Agricultural activities.
(c) Delegated local governments shall maintain on-site records for a minimum of five years. Delegated local governments shall furnish a copy of these records to the Division within 30 calendar days of receipt of a written request for the records. Each delegated local government's records shall include the following:
(i) A copy of Authorization Certificate with Exception requests;
(ii) The Authorization Certificate with Exception request's finding of fact;
(iii) The result of the Authorization Certificate with Exception proceedings;
(iv) A record of complaints and action taken as a result of the complaint;
(v) Records for stream origin calls and stream ratings; and
(vi) Copies of request for authorization, records approving authorization and Authorization Certificates.
(d) The Division shall regularly audit delegated local governments to ensure the local programs are being implemented and enforced in keeping with the requirements of this Rule.
(e) Upon determination by the Division that a delegated local government is failing to implement or enforce the Catawba River riparian buffer protection requirements in keeping with the request approved under Sub-Item (13)(a)(ii) of this Rule, the Commission shall notify the delegated local government in writing of the local program's inadequacies. If the delegated local government has not corrected the deficiencies within 90 calendar days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and the Division shall implement and enforce the Catawba River riparian buffer protection requirements within their jurisdiction.
(f) The Commission may delegate its duties and powers for granting and rescinding local government delegation of the Catawba River riparian buffer protection requirements, in whole or in part, to the Director.
(14) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1999-329; S.L. 2013-413; S.L. 2017-209;
Temporary Adoption Eff. June 30, 2001; (exempt from 270 day requirement - S.L. 2001-418 & S.L. 2003-340);
Eff. August 1, 2004;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0243).
15A NCAC 02B .0620 WATER SUPPLY WATERSHED PROTECTION PROGRAM: PURPOSE
Rules .0620 through .0624 of this Section set forth the minimum statewide water supply watershed protection requirements applicable to each Water Supply classification, as provided in 15A NCAC 02B .0212 through .0218.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. March 1, 2019.
15A NCAC 02B .0621 WATER SUPPLY WATERSHED PROTECTION PROGRAM: DEFINITIONS
In addition to the definitions set forth in G.S. 143-214.7, the following definitions shall apply to Rules .0622 - .0624.
(1) "Balance of Watershed" or "-BW" means the area adjoining and upstream of the critical area in a WS-II and WS-III water supply watershed. The "balance of watershed" is comprised of the entire land area contributing surface drainage to the stream, river, or reservoir where a water supply intake is located.
(2) "Cluster development" means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single family residential and multi family developments. Planned unit development and mixed use development shall be considered as cluster development.
(3) "Commission" has the same meaning as in 15A NCAC 02H .1002.
(4) "Common plan of development" has the same meaning as in 15A NCAC 02H .1002.
(5) "Critical area" has the same meaning as in 15A NCAC 02B .0202.
(6) "Curb Outlet System" has the same meaning as in 15A NCAC 02H .1002.
(7) "Dispersed flow" has the same meaning as in 15A NCAC 02H .1002.
(8) "Division" has the same meaning as in 15A NCAC 02H .1002.
(9) "Erosion and Sedimentation Control Plan" has the same meaning as in 15A NCAC 02H .1002.
(10) "Existing development" has the same meaning as in 15A NCAC 02H .1002.
(11) "Family subdivision" means a division of a tract of land:
(a) to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or
(b) to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.
(12) "Geotextile fabric" has the same meaning as in 15A NCAC 02H .1002.
(13) "Intermittent stream" means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the perched or seasonal high water table. The flow may be supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.
(14) "Major variance" means a variance that is not a "minor variance" as that term is defined in this Rule.
(15) "Minimum Design Criteria" or "MDC" has the same meaning as in 15A NCAC 02H .1002.
(16) "Minor variance" means a variance from the minimum statewide watershed protection rules that results in the relaxation of up to 10 percent of any vegetated setback, density, or minimum lot size requirement applicable to low density development, or the relaxation of up to five percent of any vegetated setback, density, or minimum lot size requirement applicable to high density development. For variances to a vegetated setback requirement, the percent variation shall be calculated using the foot print of built-upon area proposed to encroach within the vegetated setback divided by the total area of vegetated setback within the project.
(17) "Nonconforming lot of record" means a lot described by a plat or a deed that was recorded prior to the effective date of local watershed ordinance (or its amendments) that does not meet the minimum lot size or other development requirements of Rule .0624 of this Section.
(18) "NPDES" has the same meaning as in 15A NCAC 02H .1002.
(19) "Perennial stream" means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the perched or seasonal high water table for most of the year. Groundwater is the primary source of water for a perennial steam, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.
(20) "Perennial waterbody" means a natural or man-made watershed that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries and ocean.
(21) "Primary SCM" has the same meaning as in 15A NCAC 02H .1002.
(22) "Project" has the same meaning as in 15A NCAC 02H .1002.
(23) "Protected area" has the same meaning as in 15A NCAC 02B .0202.
(24) "Required storm depth" has the same meaning as in 15A NCAC 02H .1002.
(25) "Runoff treatment" has the same meaning as in 15A NCAC 02H .1002.
(26) "Runoff volume match" has the same meaning as in 15A NCAC 02H .1002.
(27) "Secondary SCM" has the same meaning as in 15A NCAC 02H .1002.
(28) "Stormwater Control Measure" or "SCM" has the same meaning as in 15A NCAC 02H .1002.
(29) "Vegetated setback" has the same meaning as in 15A NCAC 02H .1002.
(30) "Vegetated conveyance" has the same meaning as in 15A NCAC 02H .1002.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. March 1, 2019 (Portions of this Rule were previously codified in 15A NCAC 02B .0202);
Amended Eff. September 1, 2019.
15A NCAC 02B .0622 WATER SUPPLY WATERSHED PROTECTION PROGRAM: EXCLUSIONS AND SPECIAL CASES
This Rule describes exclusions from the water supply watershed program and special case projects in the water supply watershed program.
(1) EXCLUSIONS. The following project types shall be excluded from the requirements of Rules .0620-.0624 of this Section:
(a) existing development;
(b) redevelopment;
(c) single-family residential redevelopment, even if there is a net increase in built-upon area or if stormwater controls are not equal to that of the previous single-family residential development;
(d) expansions to single-family residential existing development, unless the expansion is part of a larger common plan of development that is subject to this Rule;
(e) nonconforming lot of record that is not contiguous to any other lot owned by the same party and if it is to be developed for single-family residential purposes. However, local governments may require the combination of contiguous nonconforming lots of record owned by the same party in order to establish a lot or lots that meet the development restrictions of Rule .0624 of this Section;
(f) any lot or parcel created as part of a family subdivision after the effective date of the local watershed ordinance if it is to be developed for one single-family detached residence and if it is exempt from a local subdivision ordinance;
(g) activities of the North Carolina Department of Transportation (NCDOT) that are regulated in accordance with the provisions of NPDES Permit Number NCS000250;
(h) linear transportation projects undertaken by an entity other than NCDOT when:
(i) the project is constructed to NCDOT standards and is in accordance with the NCDOT Stormwater Best Management Practices Toolbox (Version 2, April 2014 Edition) which is here in incorporated by reference, including any subsequent amendments and editions, and may be accessed at no cost at ;
(ii) upon completion, the project will be conveyed either to the NCDOT or another public entity and will be regulated in accordance with that entity's NPDES MS4 stormwater permit; and
(iii) the project is not part of a common plan of development.
(i) airport facilities that are deemed permitted in accordance with G.S. 143.214.7(c4).
(2) SPECIAL CASES. In lieu of the requirements set forth in Rules .0620-.0624 of this Section, the following shall apply:
(a) Siliviculture activities shall comply with the provisions of the Forest Practices Guidelines Related to Water Quality (02 NCAC 60C, herein incorporated by reference with subsequent amendments and editions and available at no cost at ) and other applicable forestry water quality standards as determined by the North Carolina Forest Service.
(b) Agricultural activities within WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds shall be subject to the vegetated setback requirements set forth in Rule .0624(11) of this Section.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. March 1, 2019 (Portions of this Rule were previously codified in 15A NCAC 02B .0104).
15A NCAC 02B .0623 WATER SUPPLY WATERSHED PROTECTION PROGRAM: PROGRAM ADMINISTRATION
This Rule contains provisions for the administration of water supply watershed protection programs.
(1) LOCAL GOVERNMENTS INCLUDED. All local governments that have land use authority within designated water supply watersheds shall adopt and enforce ordinances and watershed maps that meet or exceed the requirements of G.S. 143-214.5 and Rules .0621 through .0624 of this Section. Local governments may use the Commission's model Watershed Protection Ordinance available at no cost at as the basis for their ordinance, or may propose an alternative ordinance that meets or exceeds the requirements of Rules .0621 through .0624 of this Section.
(2) Commission Approval. Local government water supply watershed protection ordinances and watershed maps shall be submitted to the Division for approval by the Commission or its designee no later than 270 days after receiving notice of a water supply reclassification from the Commission. The Commission or its designee shall approve the water supply watershed protection ordinance and map if it meets or exceeds the minimum statewide water supply watershed management requirements adopted pursuant to Rules .0621 through .0624 of this Section and G.S. 143-214.5. The local government may begin implementing the ordinances prior to receiving approval by the Commission. The following items shall be included in the submission in either paper or electronic format:
(a) one copy of the adopted and effective relevant ordinance;
(b) a cover letter from the local government's legal counsel, municipal or county clerk, or municipal or county manager certifying that the ordinance meets or exceeds the requirements of this Section and G.S. 143-214.5; and
(c) one copy of a watershed map showing the local government corporate and extraterritorial jurisdictional boundaries, the Commission's adopted watershed boundaries, the local government's interpreted watershed boundaries, and U.S. Geological Survey 1:24,000 (7.5 minute) scale topographic contour lines and hydrography.
(3) Watershed Boundary Interpretation. Major landmarks, such as highways or property lines, may be used to delineate the outer boundary of the critical areas, balance of watershed areas, and protected areas if these landmarks are adjacent to the outer boundary of the critical areas, the balance of watershed areas, or the protected areas as specified in 15A NCAC 02B .0202. Local governments may extend the critical, balance of watershed, and protected area boundaries beyond the minimum distance required; however, these extended local boundaries shall not affect administration of state permits unless the boundaries are also adopted by the Commission. Local governments shall delineate the approximate normal pool elevation for backwaters of water supply reservoirs for the purposes of determining the critical and protected area boundaries as appropriate. Local governments shall rely on U.S. Geological Survey topographic maps, land surveys conducted by licensed surveyors, Lidar data, or information from the U.S. Army Corps of Engineers in approximating the location of backwaters.
(4) Revisions to Ordinances and Maps. Revisions to local watershed supply watershed protection ordinances and watershed maps shall be submitted to the Commission or its designee for approval. The submission requirements set forth in Item (2) of this Rule shall apply to all subject revisions. In addition, revisions to ordinances shall be submitted in a format that identifies the changes adopted or being proposed, as applicable. The local government may adopt and begin implementing the revised ordinance prior to receiving approval by the Commission or its designee; except, revisions regarding expansions or deletions to watershed maps shall be approved by the Commission or its designee prior to local government adoption.
(5) Variances. For all proposed major and minor variances, as those terms are defined in Rule .0621, from the minimum statewide watershed protection rules, the local Watershed Review Board, or equivalent quasi-judicial body shall make findings of fact in accordance with the procedures of G.S. 160A-393, as appropriate, showing that:
(a) there are difficulties or hardships that prevent compliance with the ordinance;
(b) the variance is in accordance with the general purpose and intent of the local watershed protection ordinance; and
(c) granting the variance, the project will ensure equal or better protection of waters of the State than the requirements of Rules .0621-.0624 of this Section and that the stormwater controls will function in perpetuity.
For all proposed major and minor variances, the local government considering or requesting the variance shall notify and allow a comment period for all other local governments having jurisdiction within the watershed area governed by these Rules and the entity using the water supply for consumption. The local Watershed Review Board, or equivalent local quasi-judicial body, hereafter referred to as "the Board," may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection ordinance. The Board may authorize minor variances for development activities on a case-by-case basis. For major variances, if the Board decides in favor of granting the major variance, then it shall prepare a preliminary record of the hearing and submit it to the Commission for review. If the Commission approves the major variance or approves the variance with conditions or stipulations added, then the Commission shall prepare a decision that authorizes the Board to issue a final decision that includes any conditions or stipulations added by the Commission. If the Commission denies the major variance, then the Commission shall prepare a decision to be sent to the Board. The Board shall prepare a final decision denying the major variance. Appeals from the local government decision on a major or minor variance request shall be made on certiorari to the local Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court. When local ordinances are more stringent than the state's minimum watershed protection requirements, a variance to the local government's ordinance is not considered a major variance as long as the result of the variance is not less stringent than the state's minimum watershed protection requirements.
(6) RECORDKEEPING Requirements. Local governments shall maintain the following records and furnish a copy of these records to the Division upon request:
(a) a copy of all variance requests and associated documents;
(b) findings of fact on all variance requests;
(c) a description of all projects for which the local government has granted a variance to the requirements of Rules .0621-.0624 of this Section;
(d) an accounting of projects approved under the local government's 10/70 Option (as described in Rule .0624 of this Section), as applicable; and
(e) records of inspections of SCMs pursuant to Item (7) of this Rule.
(7) Operation and Maintenance of SCMs. Wherever in this Section it is provided that local governments assume responsibility for operation and maintenance of engineered SCMs, this shall be construed to require responsible local governments to either inspect such SCMs or require the owners of such SCMs to inspect such SCMs at least once per year to determine whether the SCMs are performing as designed and intended. Records of inspections shall be maintained on forms made available by the Division at or the local government. The inspection form shall include the following:
(a) project name;
(b) owner name and address;
(c) name and classification of the water supply watershed where the project is located;
(d) type(s) of SCMs at the project site;
(e) summary of repairs or maintenance needed; and
(f) estimated timeframe for completion of the repairs or maintenance.
In the event an inspection shows that an SCM is not performing as designed and intended, the local government shall order the owning entity to take corrective actions. If the entity fails to take corrective actions, the local government may impose civil penalties and pursue other available remedies in accordance with State and local law, including without limitation: G.S. 14-4; G.S. 77-13; G.S. 77-14; G.S. 143-214.7; G.S. 143-215.6A; G.S. 153A-123; G.S. 160A-459; and G.S. 160A-175.
(8) ENFORCEMENT. In the event that the Commission determines that a local government program has failed to adopt or implement its program in compliance with the water supply watershed protection requirements of this Section and G.S. 143-214.5, the Commission shall take appropriate enforcement action in accordance with G.S. 143-214.5 and G.S. 143-215.6A(e). When the Commission assumes a local water supply watershed protection program as specified under G.S. 143-214.5(e), all local permits authorizing construction and development activities as regulated by the statewide minimum water supply watershed protection requirements of this Section shall be approved by the Commission or its designee prior to local government issuance.
(9) DELEGATION. The Commission may delegate such matters as variance approval, extension of deadlines for submission of ordinances, and assessment of civil penalties pursuant to G.S. 143-214.5(e) to the Director.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. March 1, 2019 (Portions of this Rule were previously codified in 15A NCAC 02B .0104).
15A NCAC 02B .0624 WATER SUPPLY WATERSHED PROTECTION PROGRAM: NONPOINT SOURCE AND STORMWATER POLLUTION CONTROL
This Rule sets forth requirements for projects that are subject to water supply watershed regulations.
(1) Implementing Authority. The requirements of this Rule shall be implemented by local governments with land use authority in one or more designated water supply watersheds. State agencies shall also comply with this Rule insofar as required by G.S. 143-214.5 and in accordance with Rule .0622 of this Section.
(2) APPLICABILITY. This Rule shall apply to all new development projects, including state owned projects, that lie within a designated water supply watershed, except in a Class WS-IV watershed where this Rule applies only to new development projects that require an Erosion and Sedimentation Control Plan. Rule .0622 of this Section includes project types to which rules do not apply.
(3) PROJECT DENSITY. The following maximum allowable project densities and minimum lot sizes shall apply to a project according to the classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the type of development:
|Water Supply |Location in the |Maximum Allowable Project Density or Minimum Lot Size |
|Classification |Watershed | |
| | |Low Density Development |High Density |
| | | |Development |
| | |Single-family detached |Non-residential and |All types |
| | |residential |all other residential | |
|WS-I |Not Applicable: Watershed shall remain undeveloped except for the following uses when they cannot|
| |be avoided: power transmission lines, restricted access roads, and structures associated with |
| |water withdrawal, treatment, and distribution of the WS-I water. Built-upon area shall be |
| |designed and located to minimize stormwater runoff impact to receiving waters. |
|WS-II |Critical Area |1 dwelling unit per 2 acres |6% built-upon area |6 to 24% built-upon |
| | |or 80,000 square foot lot | |area |
| | |excluding roadway | | |
| | |right-of-way or 6% | | |
| | |built-upon area | | |
| |Balance of Watershed |1 dwelling unit per 1 acre |12% built-upon area |12 to 30% built-upon |
| | |or 40,000 square foot lot | |area |
| | |excluding roadway | | |
| | |right-of-way or 12% | | |
| | |built-upon area | | |
|WS-III |Critical Area |1 dwelling unit per 1 acre |12% built-upon area |12 to 30% built-upon |
| | |or 40,000 square foot lot | |area |
| | |excluding roadway | | |
| | |right-of-way or 12% | | |
| | |built-upon area | | |
| |Balance of Watershed |1 dwelling unit per one-half|24% built-upon area |24 to 50% built-upon |
| | |acre or 20,000 square foot | |area |
| | |lot excluding roadway | | |
| | |right-of-way or 24% | | |
| | |built-upon area | | |
|WS-IV |Critical Area |2 dwelling units per acre or|24% built-upon area |24 to 50% built-upon |
| | |20,000 square foot lot | |area |
| | |excluding roadway | | |
| | |right-of-way or 24% | | |
| | |built-upon area | | |
| |Protected Area |2 dwelling units per acre or|24% built-upon area; |24 to 70% built-upon |
| | |20,000 square foot lot |or 36% built-upon area|area |
| | |excluding roadway |without curb and | |
| | |right-of-way or 24% |gutter street system | |
| | |built-upon; or 3 dwelling | | |
| | |units per acre or 36% | | |
| | |built-upon area without curb| | |
| | |and gutter street system | | |
|WS-V |Not Applicable |
(4) CALCULATION OF PROJECT DENSITY. The following requirements shall apply to the calculation of project density:
(a) Project density shall be calculated as the total built-upon area divided by the total project area;
(b) A project with "existing development," as that term is defined in Rule .0621 of this Section, may use the calculation method in Sub-Item (a) of this Item or may calculate project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area. Expansions to existing development shall be subject to this Rule except as excluded in Rule .0622(1)(d) of this Section. Where there is a net increase of built-upon area, only the area of net increase shall be subject to this Rule. Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall be subject to this Rule;
(c) Total project area shall exclude the following:
(i) areas below the Normal High Water Line (NHWL); and
(ii) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at , as measured landward from the NHWL; and
(d) Projects under a common plan of development shall be considered as a single project for purposes of density calculation except that on a case-by-case basis, local governments may allow projects to be considered to have both high and low density areas based on one or more of the following criteria:
(i) natural drainage area boundaries;
(ii) variations in land use throughout the project; or
(iii) construction phasing.
(5) LOW DENSITY PROJECTS. In addition to complying with the project density requirements of Item (3) of this Rule, low density projects shall comply with the following:
(a) VEGETATED CONVEYANCES. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government shall take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this Sub-Item:
(i) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
(ii) The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.
(b) CURB OUTLET SYSTEMS. In lieu of vegetated conveyances, low density projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems shall be as follows:
(i) The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive velocity;
(ii) The longitudinal slope of the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
(iii) The swale's cross section shall be trapezoidal with a minimum bottom width of two feet;
(iv) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);
(v) The minimum length of the swale or vegetated area shall be 100 feet; and
(vi) Low density projects may use treatment swales designed in accordance with 15A NCAC 02H .1061 in lieu of the requirements specified in Sub-Items (i) through (v) of this Sub-Item.
(6) HIGH DENSITY PROJECTS. In addition to complying with the project density requirements of Item (3) of this Rule, high density projects shall comply with the following:
(a) SCMs shall be designed, constructed, and maintained so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are defined in Rule .0621 of this Section;
(b) For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have the option to design projects to achieve runoff volume match in lieu of runoff treatment;
(c) Stormwater runoff from off-site areas and "existing development," as that term is defined in Rule .0621 of this Section, shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not bypassed shall be included in sizing of on-site SCMs;
(d) SCMs shall meet the relevant MDC set forth in 15A NCAC 02H .1050 through .1062; and
(e) Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations.
(7) OPTIONS FOR IMPLEMENTING PROJECT DENSITY. Local governments shall have the following options when developing or revising their ordinances in place of or in addition to the requirements of Item (3) of this Rule, as appropriate:
(a) Local governments may allow only low density development in their water supply watershed areas in accordance with this Section.
(b) Local governments may regulate low density single-family detached residential development using the minimum lot size requirements, dwelling unit per acre requirements, built-upon area percentages, or some combination of these.
(c) 10/70 OPTION. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds, local governments may regulate new development under the "10/70 option" in accordance with the following requirements:
(i) A maximum of 10 percent of the land area of a water supply watershed outside of the critical area and within a local government's planning jurisdiction may be developed with new development projects and expansions of existing development of up to 70 percent built-upon area.
(ii) In water supply watersheds classified on or before August 3, 1992, the beginning amount of acreage available under this option shall be based on a local government's jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option shall be based on a local government's jurisdiction as delineated on the date the water supply watershed classification became effective. The acreage within the critical area shall not be counted towards the allowable 10/70 option acreage;
(iii) Projects that are covered under the 10/70 option shall comply with the low density requirements set forth in Item (5) of this Rule unless the local government allows high density development, in which case the local government may require these projects to comply with the high density requirements set forth in Item (6) of this Rule;
(iv) The maximum built-upon area allowed on any given new development project shall be 70 percent;
(v) A local government having jurisdiction within a designated water supply watershed may transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of a joint resolution and approval by the Commission; and
(vi) When the water supply watershed is composed of public lands, such as National Forest land, local governments may count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision.
(d) New development shall meet the development requirements on a project-by-project basis except local governments may submit ordinances that use density or built-upon area criteria averaged throughout the local government's watershed jurisdiction instead of on a project-by-project basis within the watershed. Prior to approval of the ordinance, the local government shall demonstrate to the Commission that the provisions as averaged meet or exceed the statewide minimum requirements and that a mechanism exists to ensure the planned distribution of development potential throughout the local government's jurisdiction within the watershed.
(e) Local governments may administer oversight of future development activities in single-family detached residential developments that exceed the applicable low density requirements by tracking dwelling units rather than percentage built-upon area, as long as the SCM is sized to capture and treat runoff from all pervious and built-upon surfaces shown on the development plan and any off-site drainage from pervious and built-upon surfaces, and when an additional safety factor of 15 percent of built-upon area of the project site is figured in.
(8) CLUSTER DEVELOPMENT. Cluster development shall be allowed on a project-by-project basis as follows:
(a) Overall density of the project shall meet the requirements of Item (3) of this Rule;
(b) Vegetated setbacks shall meet the requirements of Item (11) of this Rule;
(c) Built-upon areas are designed and located to minimize stormwater runoff impact to receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas;
(d) Areas of concentrated development shall be located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways. In determining whether these criteria have been met, the local government shall take into account site-specific factors such as topography and site layout as well as protection of water quality;
(e) The remainder of tract shall remain in a vegetated or natural state;
(f) The area in the vegetated or natural state may be conveyed to a property owners association, a local government for preservation as a park or greenway, a conservation organization, or placed in a permanent conservation or farmland preservation easement;
(g) A maintenance agreement for the vegetated or natural area shall be filed with the Register of Deeds; and
(h) Cluster development that meets the applicable low density requirements shall comply with Item (5) of this Rule.
(9) DENSITY AVERAGING OF NONCONTIGUOUS PARCELS. Density averaging of two noncontiguous parcels for purposes of complying with this Rule shall be allowed in accordance with G.S. 143-214.5 (d2).
(10) RESPONSIBILITY FOR SCM OPERATION & MAINTENANCE. Operation and maintenance agreements and plans are required for SCMs in accordance with 15A NCAC 02H .1050. Local governments that allow high density development shall assume responsibility for operation and maintenance of the SCMs that they approve.
(11) VEGETATED SETBACKS. Vegetated setbacks shall be required along perennial waterbodies and perennial streams that are indicated on the most recent versions of the United States Geological Survey (USGS) 1:24,000 scale (7.5 minute) quadrangle topographic maps, which are herein incorporated by reference and are available at no cost at , or other maps developed by the Department or a local government and approved by the Commission. Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination may be performed by an individual qualified to perform such stream determinations. A qualified individual is one who has been certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) Course offered by the North Carolina Division of Water Resources and North Carolina State University. Vegetated setbacks shall also be in accordance with the following:
(a) MINIMUM VEGETATION WIDTHS. The following minimum widths shall apply:
(i) low density projects – 30 feet;
(ii) high density projects – 100 feet;
(iii) projects covered under the 10/70 option – 100 feet; and
(iv) agricultural activities – 10 feet, or equivalent control as determined by the designated agency as set forth in Rule .0622 of this Section; and
(b) The width of a vegetated setback shall be measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline;
(c) Vegetated setbacks may be cleared or graded, but shall be replanted and maintained in grass or other vegetation;
(d) No new built-upon area shall be allowed in the vegetated setback except for the following uses where it is not practical to locate the built-upon area elsewhere:
(i) publicly-funded linear projects such as roads, greenways, and sidewalks;
(ii) water dependent structures such as docks; and
(iii) minimal footprint uses such as poles, signs, utility appurtenances, and security lights.
Built-upon area associated with these uses shall be minimized and the channelization of stormwater runoff shall be avoided; and
(e) Artificial streambank and shoreline stabilization shall not be subject to the requirements of this Item.
(f) For minor variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of built upon area proposed to encroach within the vegetated setback divided by the total area of vegetated setback within the project.
(g) Non-family subdivisions that are exempt from local subdivision ordinances shall implement the requirements of this Item to the maximum extent practicable considering site-specific factors including technical and cost consideration as well as protection of water quality.
(12) VARIANCES. Variances to this Rule may be considered in accordance with Rule .0623 of this Section.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. March 1, 2019 (Portions of this Rule were previously codified in 15A NCAC 02B .0104 and 02B .0212 through .0218);
Amended Eff. September 1, 2019.
Section .0700 – Nutrient Management Strategy Rules for Surface Waters
15A NCAC 02B .0701 NUTRIENT STRATEGIES DEFINITIONS
In this Section, the following terms shall mean:
(1) "Agricultural uses" include the use of waters for stock watering, irrigation, and other farm purposes.
(2) "Allocation" means the mass quantity, as of nitrogen or phosphorus that a discharger, group of dischargers, or other source is potentially allowed to release into surface waters. Allocations may be expressed as delivered or discharge quantities. Possession of allocation does not authorize the discharge of nutrients but is prerequisite to such authorization in an NPDES permit.
(3) "Best Management Practice" or "BMP" means the same as defined in Rule .0202 of this Subchapter.
(4) "Buffer" means the same as defined in Rule .0202 of this Subchapter.
(5) "Built-upon area" means the same as defined in G.S. 143-214.7(b2).
(6) "Concentration(s)" means the same as defined in Rule .0202 of this Subchapter.
(7) "Contiguous" means the same as defined in Rule .0202 of this Subchapter.
(8) "Critical area" means the same as defined in Rule .0202 of this Subchapter.
(9) "Cropland" means agricultural land that is used for growing corn, grains, oilseed crops, cotton, forages, tobacco, beans, or other vegetables or fruits.
(10) "Delivered" as in delivered allocation, load, or limit, means that portion of the allocation, load, or limit that is estimated to be transported from a nutrient source or discharge to a waterbody. A delivered value equals the corresponding discharge value multiplied by its assigned transport or delivery factor.
(11) "Development" means the same as defined in G.S. 143-214.7.
(12) "Director" means the Director of the Division.
(13) "Discharge" as in discharge allocation, load, or limit means the allocation, load, or limit that is measured at the point of discharge into surface waters. A discharge value is equivalent to a delivered value divided by the transport factor for that discharge location.
(14) "Division" means the Division of Water Resources of the North Carolina Department of Environmental Quality.
(15) "DMS" means the N.C. Division of Mitigation Services. DMS, as administrator of the Riparian Buffer Restoration Fund, is the only in-lieu fee program to which rules of this Section apply.
(16) "Estuarine Nutrient Strategy" means the Neuse Nutrient Strategy as enumerated in Rule .0710 of this Section and the Tar-Pamlico Nutrient Strategy as set forth in Rule .0730 of this Section.
(17) "Estuary allocation" means the mass loading of total nitrogen or total phosphorus at the estuary that is reserved for a discharger or group of dischargers. A discharger's or group's estuary allocation is equivalent to its discharge allocation multiplied by its assigned transport factor.
(18) "Existing development" means structures and other land modifications resulting from development activities, other than those associated with agricultural or forest management activities, that meet the following criteria:
(a) For projects that do not require a State permit, they are in place or have established a vested right to construct relative to the effective date of the applicable local stormwater ordinance implemented pursuant to a new development stormwater rule of this Section; and
(b) For projects that require a State permit, they are in place before the effective date established in the applicable State and federal entities stormwater rule of this Section.
(19) "Fertilizer" means the same as defined in Rule .0202 of this Subchapter.
(20) "Industrial discharge(s)" for the purpose of the nutrient strategy rules of this Section, means the discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes:
(a) Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource; or
(b) Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants.
(21) "Land-disturbing activity" means the same as defined in Rule .0202 of this Subchapter.
(22) "Load" means the mass quantity of a nutrient or pollutant released into surface waters over a given time period. Loads may be expressed in terms of pounds per year and may be expressed as "delivered load" or an equivalent "discharge load."
(23) "Load allocation" means the same as set forth in 40 CFR 130.2(g), which is incorporated herein by reference, including subsequent amendments and editions. A copy of the most current version of the regulations is available free of charge on the internet at .
(24) "Local government" means the same as defined in Rule .0202 of this Subchapter.
(25) "MGD" means million gallons per day.
(26) "Nitrogen" means total nitrogen unless specified otherwise.
(27) "Nonpoint source load allocation" is that portion of an approved total maximum daily load (TMDL) or calibrated nutrient response model assigned to all other nitrogen sources in the basin other than individually permitted wastewater facilities and represents the maximum allowable load of total nitrogen or total phosphorus to a waterbody from these nonpoint sources.
(28) "Nonpoint source pollution" means the same as defined in Rule .0202 of this Subchapter.
(29) "Non-wasting endowment" is a fund that generates enough interest to cover the cost of perpetual monitoring and enforcement of a nutrient reduction by a perpetual steward.
(30) "NPDES" means National Pollutant Discharge Elimination System, and includes the permitting process required for the operation of point source discharges in accordance with the requirements of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251, et seq.
(31) "Nutrients" means the combination of total nitrogen and total phosphorus for the purpose of the nutrient rules of this section.
(32) "Nutrient Offset Bank" is a site at which a nutrient offset project is implemented by a provider and approved for nutrient offset credit by the Division through execution of a nutrient offset banking instrument. This term does not include nutrient offset projects associated with an in-lieu fee program.
(33) "Nutrient Offset Banking Instrument" is a written legal agreement between the Division and the provider that governs the establishment, operation, and use of a nutrient offset bank.
(34) "Nutrient Offset Project" is a nutrient reduction project that is implemented for the purpose of generating nutrient offset credit.
(35) "Nutrient Reduction Practice" is any project type or type of programmatic effort that generates a quantifiable or estimated decrease in nutrient loading, and for which practice design standards and load reduction estimation methods have been approved in rule or by the Division.
(36) "Nutrient Reduction Project" is a site-specific installation and implementation of a nutrient reduction practice or combination of practices.
(37) "Nutrient Sensitive Waters" means the same as defined or classified in Rule .0223 of this Subchapter.
(38) "Permanent Nutrient Offset Credit" is a nutrient load reduction credit that does not automatically expire. Permanent nutrient offset credits account for permanent nutrient load reductions resulting from permanently installed and maintained nutrient reduction practices. Permanent nutrient offset credits may be used for compliance with new development stormwater rules of this Subchapter and may also satisfy other nutrient load reduction requirements as described in this Subchapter. Nutrient offset credits are expressed in pounds of total nitrogen or total phosphorus per year.
(39) "Perpetual Steward" means an entity that provides oversight for a permanent nutrient offset project. "Oversight" for the purposes of this Item includes monitoring and enforcement responsibilities assumed by the steward and approved by the Division as a condition of granting permanent nutrient offset credit.
(40) "Phosphorus" means total phosphorus unless specified otherwise.
(41) "Provider" means any public or private person or entity that implements a nutrient reduction project and seeks nutrient offset credit for sale, lease, or conveyance in exchange for remuneration, including DMS.
(42) "Release" of nutrient offset credits means the Division approves and acknowledges the generation of nutrient offset credits. Nutrient offset bank providers may sell, transfer, or use credits upon release. DMS may debit credits upon project institution but credits will still be subject to final approval and release by DWR.
(43) "Residuals" means the same as defined in Rule .0202 of this Subchapter.
(44) "Stormwater Collection System" means the same as defined in 15A NCAC 02H .1002.
(45) "Stormwater Control Measure" or "SCM" means the same as defined in 15A NCAC 02H .1002.
(46) "Surface waters" means all waters of the State as defined in G.S. 143-212, except underground waters.
(47) "Term Nutrient Offset Credit" is a nutrient load reduction credit that accounts for annual nutrient load for a finite period of time. Temporary nutrient offset credits are expressed in pounds of total nitrogen or total phosphorus.
(48) "Total Maximum Daily Load," or "TMDL," means the same as set forth in federal regulations 40 CFR 130.2(i) and 130.7(c)(1), which are incorporated herein by reference, including subsequent amendments and editions. A copy of the most current version of the regulations is available free of charge on the internet at .
(49) "Total nitrogen" means the sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in a water or wastewater.
(50) "Total phosphorus" means the sum of the orthophosphate, polyphosphate, and organic forms of phosphorus in a water or wastewater.
(51) "Transportation facility" means the existing road surface, road shoulders, fill slopes, ferry terminal fill areas, and constructed stormwater conveyances or drainage canals adjacent to and directly associated with the road.
(52) "Transport factor" means the fraction of a discharged nitrogen or phosphorus load that is delivered from the discharge point to a waterbody as established in an approved TMDL or other Division publication.
(53) "Wasteload allocation" is that portion of a nitrogen or phosphorus TMDL assigned to individually permitted wastewater facilities and represents the maximum allowable load of total nitrogen or total phosphorus to the estuary from these point source dischargers.
History Note: Authority G.S. 143-214.1; 143-214.3; 143-214.5; 143-214.7; 143-215.1; 143-215.3; 143-215.3(a)(1); 143-215.8B; 143B-282(c); 143B-282(d);
Eff. April 1, 2020.
15A NCAC 02B .0702 Reserved for future codification
15A NCAC 02B .0703 Nutrient Offset CREDIT TRADING
(a) PURPOSE. The purpose of this Rule is to establish standards and procedures applicable to providers for approval of nutrient reduction projects and associated nutrient offset credits that will be transferred to persons or entities subject to nutrient rules of this Subchapter. Nutrient offset credit is distinct from nutrient accounting for direct compliance with individual nutrient strategy rules, which is not governed by this Rule. Nutrient accounting includes joint compliance by multiple local governments as authorized in individual nutrient strategy rules. Nutrient offset credits represent a compliance option to the extent allowed by nutrient rules of this Subchapter, including:
(1) the Neuse Nutrient Strategy as set forth in Rule .0710 of this Section;
(2) the Tar-Pamlico Nutrient Strategy as set forth in Rule .0730 of this Section;
(3) the Jordan Lake Nutrient Strategy as set forth in Rule .0262 of this Subchapter, including to the extent that the requirements of this Rule related to the nutrient offset credits are incorporated by the Jordan Lake rules; and
(4) the Falls Lake Nutrient Strategy as set forth in Rule .0275 of this Subchapter, including to the extent that the requirements of this Rule related to the nutrient offset credits are incorporated by the Falls Lake rules.
(b) GEOGRAPHIC RESTRICTIONS. Nutrient offset credits may be used to satisfy regulatory obligations only when generated by a nutrient reduction project within an allowable geographic area identified in G.S. 143-214.26, as designated by the U.S. Geological Survey, with the following additional restrictions:
(1) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the upper Falls watershed only if they were generated by a nutrient reduction project located within the upper Falls watershed, as this geographic area is described in 15A NCAC 02B .0276.
(2) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the lower Falls watershed only if they were generated by a nutrient reduction project located within the Falls Lake watershed, as these geographic areas are described in 15A NCAC 02B .0276.
(3) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the Jordan Lake watershed only if they were generated by a nutrient reduction project in the same subwatershed of the Jordan Lake watershed, as these geographic areas are described in 15A NCAC 02B .0262.
(4) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the Neuse 01 8-digit cataloguing unit, as designated by the U.S. Geological Survey, outside of the Falls Lake watershed only if they were generated by a nutrient reduction project located outside of the Falls Lake watershed.
(5) Nutrient offset credits generated by nutrient reduction projects for compliance with an estuarine nutrient strategy shall be generated in an area that is within or drains to:
(A) surface waters identified for restoration under the applicable nutrient-related TMDL or nutrient strategy; or
(B) surface waters classified as SA, SB, or SC that fails to meet the chlorophyll-a water quality standard in a subsequent integrated report.
(c) NUTRIENT OFFSET CREDIT APPROVAL STANDARD. Providers shall demonstrate that a nutrient reduction project is designed, constructed, implemented, and sustained in a manner that, according to the best available scientific evidence, studies, and principles, will generate the estimated nutrient load reduction for the duration of time for which credits are approved. Nutrient offset credits shall be generated and transferred in accordance with G.S. 143-214.26.
(d) QUANTIFYING NUTRIENT OFFSET CREDITS. The quantity of nutrient offset credits eligible to be generated by a nutrient reduction project shall be determined according to the following provisions:
(1) Nutrient reduction credit sought on developed lands shall be calculated in relation to load reductions achieved relative to the project site's current loading condition, as determined by the provider and verified by the Division;
(2) Nutrient load reductions shall be site-specific estimates of decreases in annual mass load of nitrogen or phosphorus to the nearest receiving surface water feature. Such estimates shall be supported by the weight of evidence from available, current and applicable research, may involve water quality modeling or engineering formulas and calculations, and shall reflect as closely as possible project design specifications.
(3) Unless specifically excepted in Rule, reductions shall not include those already implemented to satisfy other requirements under the same nutrient strategy; other local, State or federal requirements; or those resulting from State or federal compensatory mitigation requirements. Specifically, a nutrient reduction project shall not generate nutrient offset credits and buffer or wetland mitigation credits in spatially overlapping areas. However, restored forest buffer areas associated with stream mitigation projects may generate both stream and nutrient offset credits in spatially overlapping areas within 50 feet from the top of the stream bank.
(4) Stream, buffer, or wetland mitigation credit that has not been used to satisfy a mitigation requirement may be converted into nutrient offset credit if the credit-generating project or portion thereof complies with this Rule.
(5) A nutrient reduction project may generate both nitrogen and phosphorus offset credits in the same area.
(6) A nutrient reduction project may be designed to generate permanent nutrient offset credit or term nutrient offset credit and shall specify which, or both, in the project plan. Permanent nutrient reduction credits and term nutrient reduction credits shall be maintained separately, even if associated with the same nutrient offset project.
(7) Permanent nutrient offset credits may be utilized for temporary compliance purposes. If so, for each pound of annual term compliance credit received, 1/30th of one pound of permanent nutrient offset credit shall be utilized and retired by removal from the applicable ledger.
(8) Nutrient offset credits that were approved prior to the adoption of this Rule may make application to be reclassified. The Division shall approve the application associated with any nutrient offset project to reclassify credits as permanent that meet the requirements for permanent credits at the time of the application to be reclassified. Other nutrient offset credits that were approved prior to the adoption of this Rule or that were conditionally approved pursuant to a mitigation banking instrument or other agreement with DEQ prior to the adoption of this Rule, shall be considered term credits and may be transferred between term and permanent ledgers at a ratio of 30 years of term nutrient offset credit to one permanent nutrient offset credit.
(9) Term nutrient offset credits shall be associated with the calendar year or years in which the associated nutrient load reductions are generated.
(e) PROJECT APPROVAL STANDARDS. Providers shall comply with the following requirements to request approval from the Division to implement a nutrient reduction project for the purpose of generating nutrient offset credits.
(1) NUTRIENT OFFSET BANKING INSTRUMENT. Providers seeking approval of a nutrient offset bank shall submit their draft nutrient offset banking instrument to the Division prior to seeking approval of project plans. A nutrient offset banking instrument shall provide legal and financial assurances that a provider will implement, maintain, and sustain nutrient reduction projects as proposed in subsequent project plans and associated nutrient reduction practice design specifications.
(2) PROJECT PLAN REQUIREMENTS. Prior to initiating a nutrient reduction project, providers shall submit a project plan proposal to the Division for review and approval that includes the following elements:
(A) A site location and site boundaries of the proposed project.
(B) The geographic area eligible to be served by nutrient offset credits in accordance with Paragraph (b) of this Rule or in compliance with in-lieu fee nutrient offset requirements applicable at the time an in-lieu fee payment was accepted.
(C) Documentation of the conditions of the site at the time of the submittal of the project plan.
(D) Documentation of the condition of the site during the baseline period of the applicable nutrient strategy, unless excepted by Subparagraph (d)(1) of this Paragraph. The Division may accept more recent documentation if it determines such documentation establishes the probable loading condition of the site during the baseline period.
(E) A description of the proposed project that supports compliance with the standard in Paragraph (c) of this Rule. Projects conforming to minimum design criteria for stormwater control measures in 15A NCAC 02H .1050 through .1062 shall be deemed as meeting this requirement. Design criteria for stormwater control measure variants and additional nutrient reduction practices established in the Division's Catalog of Nutrient Reduction Practices also meet this requirement.
(F) Nutrient credit calculations determined in conformance with Paragraph (d) of this Rule.
(G) Identification of the property owner and parties responsible for obtaining all permits and other authorizations needed to:
(i) establish the proposed project;
(ii) construct and ensure initial performance of the project;
(iii) report on and successfully complete the project by completing all crediting milestones;
(iv) hold and enforce all easement or other protection mechanisms; and
(v) ensure maintenance of the project for its credited duration.
(H) A description of how the project will be implemented, which shall include a timeline and a commitment to provide an as-built report upon the full project construction or installation.
(I) A description of how the project will be maintained and monitored after it has been installed and for its duration.
(J) A description of how the project will be sustained for its credited life, including a commitment to repair and renovate it as needed to maintain its performance, to keep records of all such operation, maintenance, monitoring, repair and renovation, and to notify the Division of any significant performance remediation needs and plans.
(K) Identification of federal or State grant funding contributing to project implementation.
(3) FINANCIAL ASSURANCES. Providers seeking approval of a nutrient offset bank shall provide the financial assurance that a project plan will be constructed as proposed. The financial assurance shall be in the form of a completion bond, credit insurance, letter of credit, escrow, or other vehicle acceptable to the Division in accordance with this Subparagraph, payable to, or for the benefit of, the Division, to ensure the involved property is secured in fee title or by easement and that planting or construction, monitoring or maintenance are completed as necessary to meet the requirements of the project plan.
(4) PROJECT PLAN APPROVAL. The Division shall approve the provider's project plan proposal after verifying the provider's compliance with Subparagraphs (1), (2) and (3) of this Paragraph and completing an onsite review to verify that preconstruction site conditions are suitable to generate the credits proposed by the project plan. However, the Division may partially or fully waive these requirements for term practices or projects if it determines that the burden of compliance is disproportionate to the value of the credits being generated and alternative means are used to satisfy the basic credit approval standard set forth in Paragraph (c) of this Rule.
(f) RELEASE AND ACCOUNTING FOR NUTRIENT OFFSET CREDITS. The Division shall release nutrient offset credits from an approved project in the following manner:
(1) The Division shall release credits to providers upon confirmation that project-specific milestones reflected in the project plan's credit release schedule have been met. Project-specific milestones for permanent nutrient offset credits shall conform to the following requirements:
(A) Credits shall not be released until the property is secured in fee title or by easement and financial assurance is posted for planting or construction of the project.
(B) No more than 50 percent of the credits shall be released for a project until financial assurance is provided for monitoring and maintenance activities lasting until project completion.
(C) No more than 80 percent of the credits shall be released for a project until the provider complies with the requirements of Paragraph (g).
(2) Once credits are released for a nutrient offset bank and until bank closure, nutrient offset bank providers shall provide a credit/debit ledger to the Division at intervals no less frequently than quarterly.
(3) The Division shall not release any credits for a project if that project is financed in whole or in part by State grant funding or federal grant funding.
(g) MAINTAINING PERMANENT NUTRIENT OFFSET CREDITS. All permanent nutrient offset projects shall comply with the following requirements:
(1) A provider shall transfer responsibility for oversight of a completed permanent project to a perpetual steward in accordance with this Paragraph and the approved project plan. A perpetual steward may also transfer responsibility to another perpetual steward in accordance with the terms of this Paragraph, subject to DWR approval. Perpetual stewards may not assume project maintenance or restoration responsibilities.
(2) The provider shall create and transfer to the perpetual steward a non-wasting endowment or other dedicated financial surety to provide for the oversight of the completed permanent project. The endowment amount shall be proportionate to the duties accepted by the perpetual steward.
(3) For projects utilizing conservation easements, the provider shall acquire and then transfer a conservation easement to a perpetual steward in accordance with 26 U.S.C. 170(h) and the Conservation and Historic Preservation Agreements Act, G.S. 121, Article 4. The terms of the conservation easement shall be consistent with a Division-approved template or be approved by the Division as conforming to Paragraph (c) of this Rule. Non-governmental perpetual stewards shall be accredited by the Land Trust Accreditation Commission or approved by the Division.
(4) For projects utilizing SCMs, they shall be placed in and protected by recorded drainage easements with recorded access easements to the nearest public right-of-way for purposes of operation and maintenance. These easements shall be granted in favor of the person or entity responsible for operating and maintaining the structures, with a note as to the responsible person or entity. Easements shall be of sufficient width for inspection and maintenance of the project.
The Division may temporarily or permanently invalidate permanent credits generated by an SCM if it determines that the SCM has been impacted due to failure to comply with the terms of an associated project plan, nutrient offset banking instrument, easement, maintenance agreement, other protective agreement, or this Rule.
(5) Projects designed to restore a natural ecological community at the project site, which are completed and then damaged by natural causes, may be passively restored exclusively through natural ecological processes.
(h) RENEWING TERM NUTRIENT OFFSET CREDITS. Expiring term nutrient offset credits may be renewed by the provider upon providing documentation to the Division that the project meets the credit approval standard
set forth in Paragraph (c) of this Rule for the duration of the renewal period.
(i) ADDITIONAL PROVISIONS REGARDING THE DIVISION OF MITIGATION SERVICES.
(1) DMS shall establish and revise nutrient offset rates as set out in 15A NCAC 02R .0602. Offset payments accepted by DMS shall be placed into the Riparian Buffer Restoration Fund administered by the Department pursuant to G.S. 143-214.21.
(2) On or before November 30 of each year, DMS shall provide an annual report to the Division concerning the nutrient in-lieu fee program that includes a requirement ledger. The requirement ledger shall include all nutrient offset credit requirements paid by 8-digit cataloguing unit or for each geographic area identified in Paragraph (b) of this Rule, the date by which the requirement shall be satisfied by a project, and the projects and credits that have been applied to all requirements.
(3) Subject to the geographic restrictions in Paragraph (b) of this Rule, DMS may accept payments for nutrient offset credits prior to initiating projects. After accepting payment, DMS shall construct projects that, upon completion as described in the approved project plan, will generate nutrient offset credits sufficient to fulfill all new requirements generated by these payments. Projects shall be instituted before the end of the first full State fiscal year after DMS receives payment and constructed before the end of the third full State fiscal year after DMS receives payment. DMS may also acquire credits from another provider to apply toward its requirements.
(4) If DMS fails to meet deadlines associated with project institution or construction as specified in Subparagraph (3) of this Paragraph, then DMS shall develop an action strategy to include in the annual report specified in Subparagraph (2) of this Paragraph. Action strategies shall include all of the following:
(A) a list of factors resulting in delays or deficiencies in procurement, project implementation, or construction;
(B) specific actions and a timeline planned by DMS to satisfy outstanding credit requirements such that a project will be instituted before the end of the first full state fiscal year after the action strategy is submitted to the Division in the annual report and constructed before the end of the third full state fiscal year after the action strategy is submitted to the Division in the annual report, unless otherwise specified in the action strategy;
(C) the anticipated date by which all outstanding nutrient offset credit requirements will be satisfied; and
(D) an evaluation of current progress in relation to any prior action strategies.
(j) NUTRIENT OFFSET CREDIT TRANSACTIONS. Parties who seek to acquire nutrient offset credits under rules of this Subchapter shall do so in compliance with those rules, the requirements of Paragraph (b) of this Rule, G.S. 143-214.26, and the following:
(1) Offset payments made to DMS shall be contingent upon acceptance of the payment by DMS. DMS shall consider its financial, temporal, and technical ability to satisfy the request to make its determination.
(2) Where persons seek to satisfy regulatory obligations for more than one nutrient type, they shall acquire nutrient reduction credits to address each type.
(3) Projects shall be approved and the associated offset credits released by the Division before they may be utilized for NPDES wastewater permit compliance purposes.
(4) For offset credits used to meet NPDES wastewater discharge requirements, the applicant shall provide 50 percent additional credits to address the uncertainty factor for using unmonitored nonpoint source reductions to meet point source discharge limits. Application of this ratio is in addition to other ratios that may be applied, including delivery or transport factors where applicable. Exceptions to the application of this uncertainty factor are as follows:
(A) The uncertainty factor for wastewater dischargers in the Jordan Lake watershed shall instead be determined in accordance with 15A NCAC 02B .0273(2)(d)(ii) until final action is taken with respect to that rule's next readoption pursuant to G.S. 150B-21.3A, S.L. 2016-94, and S.L. 2018-5.
(B) The uncertainty factor for wastewater dischargers in the Falls Lake watershed shall instead be determined in accordance with 15A NCAC 02B .0282(2)(b)(i) until final action is taken with respect to that rule's next readoption pursuant to G.S. 150B-21.3A, S.L. 2016-94, and S.L. 2018-5.
(5) Delivery factors shall be applied to estimate nutrient reductions to an impaired water body subject to a nutrient strategy if required under rules of this Subchapter for that strategy.
(6) Term credits may be utilized for compliance only during the year in which they are generated and as described in Subparagraph (d)(2) of this Rule. They may not be cumulatively banked for future years.
(k) DEVELOPER-RESPONSIBLE NUTRIENT OFFSET PROJECTS. A developer subject to new development stormwater requirements of this Subchapter may satisfy its nutrient reduction obligations by generating its own offsite credits. It may do so by establishing a nutrient offset bank and generating credits in accordance with this Rule. Alternatively, the developer shall comply with all provisions of this Rule governing the generation of nutrient offset credits by a provider with the following modifications:
(1) Instead of a credit release schedule, credit for the project may be assigned upon construction of the project and submission to the Division of the as-built report as described in the project plan;
(2) Credit shall be assigned at a 50 percent rate based on the design specifications of the fully completed project(s); and
(3) Liability for the generation of credits as described in the project plan remains with the developer until the completion of all milestones associated with the project.
(l) NPDES WASTEWATER PERMITTEE-RESPONSIBLE NUTRIENT OFFSET PROJECTS. A locality, authority, utility, or sanitation district operating a permitted wastewater facility subject to wastewater rules of this Subchapter may generate nutrient offset credits by installing projects in accordance with this Rule. Any credits generated may then be utilized for compliance purposes as if acquired from another provider.
History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; 143-214.26;
Eff. August 1, 1998;
Amended Eff. August 1, 2006;
Amended Eff. September 1, 2010;
Recodified from 15A NCAC 02B .0240 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0704-.0709 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0710 Neuse Nutrient Strategy: Purpose and scope
(a) PURPOSE. The purpose of this Rule and Rules .0711 through .0715 of this Section is to attain the designated uses of the Neuse River estuary with respect to meeting nutrient-related water quality standards pursuant to the Environmental Management Commission's authority under the Clean Water Responsibility and Environmentally Sound Policy Act, S.L. 1997-458. All waters of the Neuse River Basin are supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02B .0223. The rules enumerated in Paragraph (d) of this Rule together constitute the Neuse nutrient strategy, and shall be implemented in accordance with 15A NCAC 02B .0223.
(b) SCOPE AND LIMITATION. The Neuse nutrient strategy rules require controls to reduce nitrogen loads from significant sources of this nutrient throughout the Neuse Basin. These Rules do not address sources for which there is insufficient scientific knowledge to base regulation.
(c) GOAL. To achieve the purpose of the Neuse nutrient strategy, the Commission established in the initial Neuse nutrient strategy rules, enacted in August 1998, the goal of reducing the average annual load of nitrogen delivered to the Neuse estuary from point and nonpoint sources by a minimum of 30 percent below the average annual load for the period 1991 through 1995 and thereafter maintaining it at or below that level. This amended strategy continues that goal.
(d) RULES ENUMERATED. The rules of the Neuse nutrient strategy, in addition to this one, are titled as follows:
(1) Rule .0711 for stormwater;
(2) Rule .0712 for agriculture;
(3) Rule .0713 for wastewater discharges;
(4) Rule .0233 for riparian buffer protection; and
(5) Rule .0241 for riparian buffer program delegation
(e) ADAPTIVE MANAGEMENT. The Division shall evaluate the basin's nutrient dynamics to inform and guide adaptive management. This evaluation shall utilize all sources of available information, including stakeholder input, and shall consider drivers, character, and shifts in the impairment with time, trends, and character of loading delivered to the estuary, and distribution and character of loading inputs to the basin and changes to those inputs over time. The evaluation shall address the extent to which the reduction goals identified in Paragraph (c) of this Rule have been achieved and shall provide recommendations on management needs. The Division shall complete the evaluation within three years of the effective date of this Rule and shall distribute the findings upon completion. The Division shall also report biannually to the Water Quality Committee of the Commission on implementation progress and reductions achieved by sources subject to the Neuse nutrient strategy.
(f) GEOGRAPHIC APPLICABILITY. The Neuse nutrient strategy shall apply in all areas draining to NSW waters within the Neuse River Basin unless individual Neuse strategy rules describe other boundaries.
(g) PENALTIES. Failure to meet requirements of the Neuse nutrient strategy rules may result in imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); 143B-282; S.L. 1995-572;
Eff. August 1, 1998;
Recodified from 15A NCAC 02B .0232 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0711 NEUSE NUTRIENT STRATEGY: STORMWATER
The following is the stormwater management strategy for the Neuse River Basin:
(1) PURPOSE. The purpose of this Rule is to achieve and maintain the nitrogen loading reduction goal established for the Neuse River Estuary in Rule .0710 of this Section from an undeveloped condition on lands in the Neuse River Basin on which development occurs. Nothing in this Rule preempts the requirements of 15A NCAC 02B .0277 for projects subject to the Falls Reservoir Nutrient Strategy or prevents local governments from implementing requirements that are more restrictive than those set forth in this Rule.
(2) APPLICABILITY. The following local governments shall implement the stormwater management requirements of this Rule, except as noted in Sub-Item (3)(a) of this Rule where the Department shall implement them. Municipalities shall implement this Rule throughout their corporate limits and extraterritorial jurisdictions within the basin, while counties shall implement throughout their territorial jurisdictions within the basin. Counties named in this Item may implement this Rule within municipalities not named in this Item in accordance with G.S. 160A-360(d).
(a) Local governments designated under this Rule effective August 1998:
(i) Cary;
(ii) Durham;
(iii) Garner;
(iv) Goldsboro;
(v) Havelock;
(vi) Kinston;
(vii) New Bern;
(viii) Raleigh;
(ix) Smithfield;
(x) Wilson;
(xi) Durham County;
(xii) Johnston County;
(xiii) Orange County;
(xiv) Wake County; and
(xv) Wayne County.
(b) The following additional local governments as of the effective date of this readoption:
(i) Apex;
(ii) Clayton;
(iii) Fuquay Varina;
(iv) Greenville;
(v) Holly Springs;
(vi) Knightdale;
(vii) Morrisville;
(viii) Rolesville;
(viii) Wake Forest;
(ix) Wendell;
(x) Winterville;
(xi) Craven County;
(xii) Nash County;
(xiii) Pitt County; and
(xiv) Wilson County.
(3) LOCAL PROGRAM IMPLEMENTATION REQUIREMENTS. All local governments subject to this Rule shall implement stormwater management programs approved by the Commission following the timeframes set out in Item (6) of this Rule, or any subsequent modifications to those plans approved by the Director, according to the following requirements and the standards contained in Item (5) of this Rule:
(a) The requirement for local government approval of a stormwater plan for all proposed development projects not excluded under Item (4) of this Rule. To the extent permitted by federal law, including 33 USC 26, and where pursuant to G.S. 153A-454 and G.S. 160A-459 a local government program does not review a development project proposed by a State or federal entity for the requirements of this Rule, the entity shall obtain Department review and approval.
(b) A plan to ensure maintenance of SCMs implemented to comply with this Rule for the life of the development;
(c) A plan to ensure enforcement and compliance with the provisions in Item (5) of this Rule for the life of the development;
(d) A public education program to inform citizens how to reduce nutrient pollution and to inform developers about the nutrient requirements set forth in Item (5) of this Rule;
(e) A mapping program that includes major components of the municipal separate storm sewer system, waters of the State, land use types, and location of sanitary sewers; and
(f) A program to identify and remove illegal discharges.
(4) DEVELOPMENT EXCLUDED. The following development activities shall not be subject to this Rule:
(a) Projects disturbing less than:
(i) one acre for single family and duplex residential property and recreational facilities; and
(ii) one-half acre for commercial, industrial, institutional, multifamily residential, or local government land uses with the following exception: Projects below one-half acre that would replace or expand existing structures on a parcel, resulting in a cumulative built-upon area for the parcel exceeding twenty-four percent, shall be subject to Item (5) of this Rule;
(b) Development of an individual single-family or duplex residential lot that:
(i) Is not part of a larger common plan of development or sale as defined in 15A NCAC 02H .1002; and
(ii) Does not result in greater than five percent built upon area on the lot;
(c) Projects subject to requirements of the Falls Nutrient Strategy New Development Stormwater rule, 15A NCAC 02B .0277;
(d) Existing development as defined in 15A NCAC 02H .1002;
(e) Redevelopment as defined in G.S. 143-214.7(a1)(2); and
(f) Activities subject to requirements of the Neuse Agriculture rule, 15A NCAC 02B .0712.
(5) DEVELOPMENT PROJECT REQUIREMENTS. A proposed development project not excluded under Item (4) of this Rule shall be approved by a subject local government for the purpose of this Rule when the applicable requirements of Item (3) of this Rule and the following criteria are met.
(a) The project, as defined in State stormwater rule 15A NCAC 02H .1002, shall meet either a nitrogen loading rate target of 3.6 pounds/acre/year or "runoff volume match" as defined in that Rule. Proposed development projects that would replace or expand existing structures and result in a net increase in built-upon area shall meet one of these options for the project less any existing built-upon area.
(b) Regarding stormwater treatment and other onsite post-construction elements, projects not subject to more stringent standards under one of the following State stormwater rules or a local ordinance shall meet 15A NCAC 02H .1003, which includes specifications for low- and high-density designs, vegetated setbacks, and stormwater outlets for all projects. Such projects shall use a high-density treatment threshold of twenty four percent or greater built-upon area and a storm depth of one inch for SCM design:
(i) Water Supply Watershed Protection rules, 15A NCAC 02B .0620 through .0624;
(ii) Coastal Counties stormwater rule 15A NCAC 02H .1019; or
(iii) Non-Coastal County HWQs and ORWs rule 15A NCAC 02H .1021.
(c) The following are exceptions to the onsite requirements of Sub-Item (b) of this Item:
(i) Proposed development projects may utilize an offsite SCM that is dedicated to treating an area encompassing the project, provided the SCM is designed to meet all applicable requirements identified in Sub-Item (b) of this Item; and
(ii) Proposed development undertaken by a local government solely as a public road expansion or public sidewalk project, or proposed development subject to the jurisdiction of the Surface Transportation Board, may meet the loading rate target of this Item entirely through use of permanent nutrient offset credit pursuant to Rule .0703 of this Section.
(d) Where in satisfying the onsite requirements of Sub-Item (b) of this Item, a project does not meet the loading rate target of this Item, it may do so through use of permanent nutrient offset credit pursuant to Rule .0703 of this Section. Persons doing so shall provide proof of credit acquisition to the permitting authority prior to approval of the development plan.
(e) Untreated nutrient loading rates from the project area shall be determined through the use of the tool most recently approved by the Division to have met the following criteria, or through an alternative method that meets or exceeds the following criteria, as determined by the Division:
(i) Provides site-scale estimates of annual precipitation-driven total nitrogen load;
(ii) From all land cover types on a project site at build-out;
(iii) Based on land-cover-specific nitrogen and phosphorus loading coefficients and annual runoff volume; and
(iv) Is supported by the weight of evidence from available, current, and applicable research.
(f) Nutrient loading rate reductions resulting from the use of SCMs shall be determined through the use of the tool most recently approved by the Division to have met the following criteria, or through an alternative method that meets or exceeds the following criteria, as determined by the Division:
(i) Provides project site loading reduction estimates from the installation of Department of Energy, Mineral and Land Resources (DEMLR) approved SCMs;
(ii) Reductions apply to the portion of the project's runoff volume that is directed to the SCMs;
(iii) The method partitions the runoff volume processed by the SCM among hydrologic fates and assigns nutrient concentrations to each of those fates; and
(iv) The method is supported by the weight of evidence from available, current, and applicable research.
(g) Proposed development projects shall demonstrate compliance with the riparian buffer protection requirements set forth in 15A NCAC 02B .0233.
(6) RULE IMPLEMENTATION
(a) Within eight months of the effective date of this Rule, the Division shall submit a model local stormwater program embodying the elements in Items (3) through (5) of this Rule to the Commission for approval. The Division shall work with subject local governments in developing this model program.
(b) Local governments designated pursuant to Sub-Item (2)(a) of this Rule and additional local governments designated pursuant to Sub-Item (2)(b) of this Rule shall submit a local stormwater program for approval by the Commission within six months and 12 months, respectively, of the Commission's approval of the model local program. These local programs shall meet or exceed the requirements in Items (3) through (5) of this Rule.
(c) The Division shall provide recommendations to the Commission regarding proposed local programs. The Commission shall approve programs or require changes based on the standards set out in Items (3) through (5) of this Rule. Should the Commission require changes, the applicable local government shall have three months to submit revisions, and the Division shall provide follow-up recommendations to the Commission within two months after receiving revisions.
(d) Within six months after the Commission's approval of a local program, the local government shall complete adoption of and implement its local stormwater program.
(e) Local governments administering a stormwater program shall submit annual reports in electronic format to the Division documenting their progress regarding each implementation requirement in Item (3) of this Rule and net changes to nitrogen load by October 30th of each year. Annual reports shall also include as appendices all data utilized by nutrient calculation tools for each development stormwater plan approved in accordance with this Rule.
(f) Any significant modifications to a local program following its approval pursuant to the requirements of this Item shall be submitted to the Director for approval.
(7) COMPLIANCE. A local government's authority to approve development stormwater plans for compliance with this Rule pursuant to Item (5) of this Rule shall be contingent upon maintaining its own compliance with this Rule. A local government that fails to submit an acceptable local stormwater program within the timeframe established in this Rule, fails to implement an approved program, or fails to comply with annual reporting requirements shall be in violation of this Rule.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.26; 143-215.1; 143-215.3(a)(1); 143-215.8B; 143B-282; S.L. 1995, c. 572;
Eff. August 1, 1998;
Amended Eff. January 15, 2011 (this permanent rule replaces the temporary rule approved by the RRC on December 16, 2010);
Recodified from 15A NCAC 02B .0235 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0712 NEUSE NUTRIENT STRATEGY: AGRICULTURE
This Rule sets forth a process by which agricultural operations in the Neuse River Basin will collectively limit their nitrogen loading to the Neuse estuary, as set forth in in Rule .0710 of this Section. Nothing in this Rule preempts the requirements of 15A NCAC 02B .0280 for agricultural operations subject to the Falls Reservoir Nutrient Strategy.
(1) PURPOSE. The purpose of this Rule is to maintain or exceed the percentage reduction goal defined in Rule .0710 of this Section on the collective loss of nitrogen from agricultural operations as defined in Item (2) of this Rule, as estimated by best available accounting practices meeting the criteria set forth in Item (6) of this Rule from its 1991-1995 baseline level.
(a) PROCESS. This Rule requires agricultural producers in the Basin to implement land management practices that collectively, on a basin-wide basis, will achieve the nutrient goals.
(b) LIMITATION. This Rule may not fully address the agricultural nitrogen reduction goal of the Neuse Nutrient Sensitive Waters Strategy in that it does not address atmospheric sources of nitrogen to the Basin, including atmospheric emissions of ammonia from sources located both within and outside of the Basin, and the Commission may undertake separate rule making to address atmospheric sources at a later date.
(2) AGRICULTURAL OPERATIONS DEFINED. For the purposes of this Rule, "agricultural operations," are activities, and "agricultural producers" are persons engaging in those activities, that relate to any of the following pursuits:
(a) The commercial production of crops or horticultural products other than trees. As used in this Rule, "commercial" shall mean activities conducted primarily for financial profit.
(b) Research activities in support of commercial production.
(c) The production or management of any of the following number of livestock or poultry at any time, excluding nursing young:
(i) 5 or more horses;
(ii) 20 or more cattle;
(iii) 20 or more swine not kept in a feedlot, or 150 or more swine kept in a feedlot;
(iv) 120 or more sheep;
(v) 130 or more goats;
(vi) 650 or more turkeys;
(vii) 3,500 or more chickens; or
(viii) Any single species of any other livestock or poultry, or any combination of species of livestock or poultry that exceeds 20,000 pounds of live weight at any time.
(3) APPLICABILITY. This Rule shall apply to all agricultural producers engaging in agricultural operations in the geographic area subject to the Neuse nutrient strategy as described in Rule .0710 of this Section. This Rule applies to livestock and poultry operations set forth in Sub-Item (2)(c) of this Rule in addition to requirements for animal operations set forth in general permits issued pursuant to G.S. 143-215.10C. Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air quality standard by any agricultural operation, including any livestock or poultry operation below the size thresholds in this Item.
(4) IMPLEMENTATION PROCESS. A Basin Oversight Committee, as set forth in Item (5) of this Rule, and county-level Local Advisory Committees, as set forth in Item (7) of this Rule, shall coordinate activities and account for progress. Accounting for nitrogen load-reducing actions on agricultural operations within the basin shall follow requirements set forth in Item (6) of this Rule. Agricultural producers may be eligible to obtain cost share and technical assistance from the NC Agriculture Cost Share Program and similar federal programs to contribute to their counties' ongoing nitrogen reductions. Committee activity shall be guided by the following:
(a) OPTIONS FOR INDIVIDUAL OPERATIONS. Agricultural producers subject to this Rule may elect to implement practices meeting the standards identified in Item (8) of this Rule that contribute to maintenance of collective local compliance with the goal identified in Item (1) of this Rule, but are not required to implement any specific practices provided their basin collectively maintains compliance with the goal.
(b) MAINTENANCE OF GOAL. Accounting shall annually demonstrate maintenance or exceedence of the nitrogen reduction goal on a basin basis. Where three sequential annual reports show that the basin did not meet its nitrogen reduction goal, the Basin Oversight Committee shall work with the Division of Soil and Water Conservation and Local Advisory Committees, particularly those representing counties not meeting the goals, to seek reduction actions by operations to bring agriculture collectively back into compliance, and shall report on their efforts in subsequent annual reports. Should subsequent annual reports not reverse the trend of noncompliance, the Commission may conduct additional rulemaking to require a more specific implementation plan from the Basin Oversight Committee, which may include an assessment of need for specific action by the Commission.
(5) BASIN OVERSIGHT COMMITTEE. The Basin Oversight Committee shall have the following membership, role, and responsibilities:
(a) MEMBERSHIP. The Director of the Division of Water Resources shall be responsible for maintaining the following membership composition. Until such time as the Commission determines that long-term compliance with this Rule is assured, the Director shall solicit one nomination for membership on this Committee from each agency or interest in Sub-Items (a)(i) through (a)(viii) of this Item. The Director shall confirm nominees in writing or request alternative nominations. The Director may appoint a replacement at any time for an interest in Sub-Items (a)(vi) through (a)(viii) of this Item upon request of representatives of that interest or by the request of the Commissioner of Agriculture for Sub-Item (vii):
(i) Division of Soil and Water Conservation;
(ii) United States Department of Agriculture- Natural Resources Conservation Service (shall serve in an "ex-officio" non-voting capacity and shall function as a technical program advisor to the Committee);
(iii) North Carolina Department of Agriculture and Consumer Services;
(iv) North Carolina Cooperative Extension Service;
(v) Division of Water Resources;
(vi) Up to two environmental interests;
(vii) Up to two general farming interest; and
(viii) Scientific community with experience related to water quality problems in the Neuse River Basin.
(b) ROLE. The Basin Oversight Committee shall:
(i) Continue to review, approve, and summarize local nitrogen loss annual reports to ensure ongoing implementation of the accounting method approved by the Commission under the original version of this Rule effective August 1998, as conforming to the requirements of Item (6) of this Rule. The Committee shall submit these reports as initiated in 2002, to the Director;
(ii) Take actions set forth in Sub-Item (4)(b) of this Rule to address maintenance of the nitrogen reduction goal; and
(iii) Identify and implement refinements to the accounting methodology to reflect advances in scientific understanding, including establishment or refinement of nutrient reduction efficiencies for BMPs.
(6) ACCOUNTING METHODOLOGY. The requirements of Item (1) of this Rule shall be gauged by estimating percentage changes in nitrogen loss from agricultural operations in the Neuse Basin. The Basin Oversight Committee shall develop, maintain, and update as set forth in this Item, accounting methods that meet the following requirements:
(a) The nitrogen method shall estimate baseline and annual total nitrogen losses from agricultural operations in each county and for the entire Neuse Basin;
(b) The nitrogen method shall include a means of tracking implementation of BMPs, including number, type, and area affected;
(c) The nitrogen method shall include a means of estimating incremental nitrogen loss reductions from implementation of BMPs that conform to requirements of Item (8) of this Rule and of evaluating progress toward and maintenance of the nutrient goal from changes in BMP implementation, fertilization, and changes in individual crop acres; and
(d) The nitrogen method shall be refined as research and technical advances allow.
(7) LOCAL ADVISORY COMMITTEES. The Directors of the Division of Water Resources and Division of Soil and Water Conservation shall maintain Local Advisory Committees initially established in February and March, 1999, as follows:
(a) MEMBERSHIP. For each county or watershed specified by the Basin Oversight Committee within the Neuse River Basin, the Directors shall jointly maintain membership on the Local Advisory Committee from each of the following local entities.
(i) Soil and Water Conservation District;
(ii) United States Department of Agriculture- Natural Resources Conservation Service;
(iii) North Carolina Department of Agriculture;
(iv) North Carolina Cooperative Extension Service;
(v) North Carolina Division of Soil and Water Conservation; and
(vi) At least two agricultural producers that reside in the county.
(b) ROLE. Local Advisory Committees shall:
(i) Continue to submit annual reports to the Basin Oversight Committee estimating total crop production on agricultural operations for the preceding calendar year, summarizing land use changes in the county and making recommendations to the Basin Oversight Committee on the need for updates to the accounting methodology. Reports shall include documentation on the BMPs implemented, including type and location, that satisfy the requirements in Item (8) of this Rule and documentation of any expired contracts for BMPs; and
(ii) Take actions called for under Sub-Item (4)(b) of this Rule to address maintenance of the nitrogen reduction goal.
(8) PRACTICE STANDARDS. To receive nutrient reduction credit, a BMP shall be included in the accounting method set forth in Item (6) of this Rule, or in a subsequent revision to that method identified in annual reporting, and it shall be implemented according to the applicable nutrient-related standards identified by the Basin Oversight Committee and established by the NC Soil and Water Conservation Commission or the USDA-Natural Resources Conservation Service in North Carolina.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. August 1, 1998;
Recodified from 15A NCAC 02B .0238 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0713 NEUSE nutrient STRATEGY: WASTEWATER DISCHARGE REQUIREMENTS
The following is the National Pollutant Discharge Elimination System (NPDES) wastewater discharge management strategy for the Neuse River Basin:
(1) Purpose. The purpose of this Rule is to establish minimum nutrient control requirements for point source discharges in the Neuse River Basin in order to maintain or restore water quality in the Neuse River Estuary and protect its designated uses.
(2) Applicability. This Rule applies to all discharges from wastewater treatment facilities in the Neuse River Basin that receive nitrogen-bearing wastewater and are required to obtain individual NPDES permits. Discharges in the Falls Lake watershed are subject to additional nutrient control requirements under the Falls Water Supply Nutrient Strategy Rules of this Subchapter.
(3) Definitions. The terms used in this Rule shall be as defined in Rule .0701 of this Section and as follows:
(a) In regard to point source dischargers, treatment facilities, wastewater flows or discharges, or like matters:
(i) "Existing" means that which obtained an NPDES permit on or before December 31, 1995.
(ii) "Expanding" means that which increases beyond its permitted flow as defined in Sub-Item (3)(b) of this Rule.
(iii) "New" means that which had not obtained an NPDES permit on or before December 31, 1995.
(b) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES permit as of December 31, 1995, with the following exceptions:
Facility Name NPDES No. Permitted Flow (MGD)
Benson NC0020389 3.00
Goldsboro NC0023949 16.80
Kenly NC0064891 0.63
Snow Hill NC0020842 0.50
Wilson NC0023906 14.00
(4) This Item specifies the nitrogen wasteload allocation for point sources.
(a) In accordance with the Nitrogen TMDL for the Neuse River Estuary, approved in 1999 by the US Environmental Protection Agency (EPA), the nitrogen wasteload allocation for point sources shall not exceed 1.64 million pounds per calendar year. The nitrogen wasteload allowance for point sources shall not exceed the nitrogen wasteload allocation plus any nutrient offset credits obtained in accordance with G.S. 143-214.26 and Rule .0703 of this Section.
(b) The Commission shall order future revisions in the Nitrogen TMDL and nitrogen wasteload allocation whenever necessary to ensure that water quality in the estuary meets all applicable standards in 15A NCAC 02B .0200 or to conform with applicable State or federal requirements.
(5) This Item specifies the initial distribution of nitrogen discharge allocations for point sources.
(a) Until revised as provided elsewhere in this Rule, the following group and individual discharge allocations for total nitrogen shall apply in order to comply with the nitrogen wasteload allocation for point sources in Item (4) of this Rule:
(i) Dischargers with permitted flows less than 0.5 MGD shall be assigned collectively an annual discharge allocation of 138,000 pounds of total nitrogen.
(ii) Dischargers upstream of Falls Lake Dam and with permitted flows greater than or equal to 0.5 MGD shall be assigned collectively an annual discharge allocation of 443,700 pounds of total nitrogen.
(iii) Municipal dischargers downstream of Falls Lake Dam and with permitted flows greater than or equal to 0.5 MGD shall be assigned collectively an annual discharge allocation of 2,021,400 pounds of total nitrogen.
(iv) Industrial dischargers downstream of Falls Lake Dam and with permitted flows greater than or equal to 0.5 MGD shall be assigned collectively an annual discharge allocation of 396,900 pounds of total nitrogen.
(v) Within each group in Sub-Items (i) - (iv) of this Item, each individual discharger shall be assigned an individual discharge allocation and the equivalent estuary allocation. Each discharger's discharge allocation shall be calculated as its permitted flow divided by the total permitted flow of the group, multiplied by the group discharge allocation.
(b) In the event that the nitrogen TMDL and its wasteload allocation for point sources are revised, as provided in Item (4) of this Rule, the Commission shall apportion the revised load among the existing facilities and shall revise discharge allocations as needed. The Commission may consider such factors as:
(i) fate and transport of nitrogen in the river basin;
(ii) technical feasibility and economic reasonableness of source reduction and treatment methods;
(iii) economies of scale;
(iv) nitrogen control measures already implemented;
(v) probable need for growth and expansion; and
(vi) incentives for nutrient management planning, utilities management, resource protection, and cooperative efforts among dischargers.
(6) This Item specifies nutrient controls for existing facilities.
(a) Beginning with calendar year 2003, each discharger with a permitted flow equal to or greater than 0.5 MGD shall be subject to a total nitrogen permit limit equal to the sum of its active individual discharge allocation, pursuant to Item (5) of this Rule, and any active allocation or nutrient offset credits acquired pursuant to Rule .0703 of this Section.
(b) All existing facilities below Falls Lake Dam with permitted flows greater than or equal to 0.5 MGD shall meet a quarterly average total phosphorus limit of 2 mg/L.
(c) The Director shall modify an existing facility's permit to establish more stringent limits for nitrogen or phosphorus upon finding that such limits are necessary to protect water quality standards in localized areas.
(7) This Item specifies nutrient controls for new facilities.
(a) New facilities proposing to discharge wastewater shall evaluate all practical alternatives to surface water discharge pursuant to 15A NCAC 02H .0105(c)(2) prior to submitting an application to discharge.
(b) New facilities submitting an application shall acquire, or demonstrate contractual agreement to acquire prior to authorization to discharge, nitrogen allocation from existing dischargers or nitrogen offset credits pursuant to Rule .0703 of this Section for the proposed discharge. The allocation and offset credits shall be sufficient for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(c) The Director shall not issue a permit authorizing discharge from a new facility unless the applicant has satisfied the requirements of Sub-Items (a), (b), and (e) of this Item. If a new facility's permit contains tiered flow limits for expansion, the Director shall not authorize an increased discharge unless the applicant has satisfied the requirements of Sub-Items (a), (b), and (e) of this Item for that discharge.
(d) The nitrogen discharge limit for a new facility shall not exceed the nitrogen load equivalent to its active allocation and offset credits, or the following technology-based mass limit, whichever is less:
(i) For facilities treating municipal or domestic wastewaters, the mass load equivalent to a concentration of 3.5 mg/L at the monthly average flow limit in the facility's NPDES permit; and
(ii) For facilities treating industrial wastewaters, the mass load equivalent to the best available technology economically achievable, calculated at the monthly average flow limit in the facility's NPDES permit.
(e) Subsequent applications for permit renewal or, where an existing permit contains tiered limits, requests to discharge at an increased flow shall demonstrate that the facility has sufficient nitrogen allocation or offset credits to meet its effluent nutrient limitations for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate.
(f) New dischargers shall meet a monthly average total phosphorous limit of 1.0 mg/L.
(g) The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that such limits are necessary to protect water quality standards in localized areas.
(8) This Item specifies nutrient controls for expanding facilities.
(a) Expanding facilities shall evaluate all practical alternatives to surface water discharge, pursuant to 15A NCAC 02H .0105(c)(2) prior to submitting an application to discharge.
(b) Facilities submitting application for increased discharge or, where an existing permit contains tiered limits, for authorization to discharge at an increased flow, shall acquire, or demonstrate contractual agreement to acquire prior to authorization to discharge at the increased flow, nitrogen allocation from existing dischargers or nitrogen offset credits pursuant to Rule .0703 of this Section, or both, for the proposed discharge. The allocation and offset credits shall be sufficient for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(c) The Director shall not issue a permit authorizing increased discharge from an existing facility unless the applicant has satisfied the requirements of Sub-Items (a), (b), and (e) of this Item. If a facility's permit contains tiered flow limits for expansion, the Director shall not authorize discharge at an increased flow unless the applicant has satisfied the requirements of Sub-Items (a), (b), and (e) of this Item.
(d) The nitrogen discharge limit for an expanded facility shall not exceed the nitrogen load equivalent to its active allocation and offset credits, or the following technology-based mass limit, whichever is less:
(i) For facilities treating municipal or domestic wastewaters, the mass equivalent to a concentration of 3.5 mg/L at the monthly average flow limit in the facility's modified NPDES permit, except that the limit shall be no less than the facility's original allocation per Item (5) of this Rule; and
(ii) For facilities treating industrial wastewaters, the mass equivalent to the best available technology economically achievable, calculated at the monthly average flow limit in the facility's modified NPDES permit.
(e) Subsequent applications for permit renewal or, where an existing permit contains tiered limits, requests to discharge at an increased flow shall demonstrate that the facility has sufficient nitrogen allocation or offset credits to meet its effluent nutrient limitations for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate.
(f) Expanding facilities shall meet a monthly average total phosphorous limit of 1.0 mg/L unless they are a co-permittee member of a group compliance association described in Item (9) of this Rule, in which case they shall meet a quarterly average total phosphorus limit of 2.0 mg/L.
(g) The Director shall modify an expanding facility's permit to establish more stringent limits for nitrogen or phosphorus upon finding that such limits are necessary to protect water quality standards in localized areas.
(9) This Item describes the option for dischargers to join a group compliance association to collectively meet nitrogen load limits.
(a) Any or all facilities within the basin may form a group compliance association to meet nitrogen limits collectively. Any such association shall apply for and shall be subject to an NPDES group permit that establishes the effective total nitrogen limits, expressed as loads delivered to the estuary, for the association and for its members. More than one group compliance association may be established. No facility may be a co-permittee member of more than one association formed pursuant to this Rule at any given time.
(b) No later than 180 days prior to coverage under a new NPDES group permit, or expiration of an existing group permit, the association and its members shall submit an application for an NPDES permit for the discharge of total nitrogen to the surface waters of the Neuse River Basin. The NPDES group permit shall be issued to the association and its members as co-permittees.
(c) An association's estuary limit of total nitrogen shall be the sum of its members' individual estuary allocations and nutrient offset credits plus any other estuary allocation and offset credits obtained by the association or its members pursuant to this strategy.
(d) An association and its members may reapportion their individual estuary allocations and nutrient offset credits on an annual basis. The NPDES group permit shall be modified to reflect the revised individual estuary allocations and limits.
(e) If an association does not meet its estuary limit in any year, it shall obtain nutrient offset credits in accordance with G.S. 143-214.26 to offset its mass exceedance no later than May 1 of the following year.
(f) Association members shall be deemed compliant with the permit limits for total nitrogen contained in their individually issued NPDES permits while they are members in an association. Association members shall be deemed compliant with their individual estuary limits in the NPDES group permit in any year in which the association is in compliance with its estuary limit. If the association exceeds its group limit, the association and any members that exceed their individual estuary limits in the NPDES group permit shall be deemed to be out of compliance with the group permit.
(10) If an NPDES-permitted discharger or group of dischargers accepts wastewater from another NPDES-permitted treatment facility in the Neuse River Basin and that acceptance results in the elimination of the discharge from the treatment facility, the eliminated facility's total nitrogen estuary allocation shall be transferred and added to the accepting discharger's estuary allocation.
History Note: Authority G.S. 143-214.1; 143-215; 143-215.1; 143-215.3(a)(1); S.L. 1995, c. 572;
Temporary Adoption Eff. January 22, 1998;
Eff. August 1, 1998;
Temporary Amendment Eff. March 15, 2000;
Temporary Amendment Expired on December 10, 2000;
Amended Eff. April 1, 2003;
Recodified from 15A NCAC 02B .0234 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15a ncac 02b .0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin.
(1) PURPOSE. The purpose of this Rule shall be to maintain and protect existing riparian buffers in the Neuse River Basin, including the Falls of the Neuse Reservoir watershed, to maintain their nutrient removal functions. Terms used in this Rule shall be as defined in Rule .0610 of this Subchapter.
(2) APPLICABILITY. This Rule applies to all landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Item (3) of this Rule in the Neuse River Basin, including the Falls of the Neuse Reservoir watershed.
(3) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers:
(a) A surface water shall be subject to this Rule if the feature is approximately shown on any of the following references:
(i) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resources Conservation Service of the United States Department of Agriculture;
(ii) The United States Geologic Survey's (USGS) National Map, available online at: ; or
(iii) Other maps approved by the Environmental Management Commission as more accurate than those identified in Sub-Item (3)(a)(i) and (3)(a)(ii) of this Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions and additions to the hydrography dataset shall follow GICC approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the Environmental Management Commission. Prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-calendar day public notice through the Division's Mailing List in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the Environmental Management Commission for a final decision. Maps approved under this Sub-Item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (6) of this Rule;
(b) This Rule shall apply to activities conducted within 50-foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, reservoirs and estuaries), excluding wetlands;
(c) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506;
(d) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (9) of this Rule;
(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (8) of this Rule;
(f) A riparian buffer may be exempt from this Rule as described in Items (5), (6) and (7) of this Rule; and
(g) No new clearing, grading or development shall take place nor shall any new building permits be issued in violation of this Rule.
(4) ON-SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in Sub-Item (3)(a) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within 60 calendar days of written notification from the Authority. The Director's determination is subject to review as provided in G.S. 150B.
(5) EXEMPTION BASED ON ON-SITE DETERMINATION. Surface waters that appear on the maps listed in Sub-Item (3)(a) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories:
(a) Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access.
(b) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do not have a direct discharge point to an intermittent or perennial stream.
(c) Ephemeral streams.
(d) The absence on the ground of a corresponding perennial waterbody, intermittent waterbody, lake, pond or estuary.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing.
(a) A use shall be considered existing if:
(i) It was present within the riparian buffer as of July 22, 1997 and has continued to exist since that time; or
(ii) It was a deemed allowable activity as listed in Item (11) of this Rule; or
(iii) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority.
(b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors and on-site sanitary sewage systems, any of which involve either specific periodic management of vegetation or displacement of vegetation by structures or regular activity.
(c) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule.
(d) Change of ownership through purchase or inheritance is not a change of use.
(e) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not exist prior to July 22, 1997, and the site is in compliance with Item (9) of this Rule.
(f) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (6)(a) through (6)(e) of this Rule.
(7) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met:
(a) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.
(b) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before July 22, 1997.
(c) The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B (3).
(8) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the stream, measured horizontally on a line perpendicular to the stream (where an intermittent or perennial stream begins or ends, including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end).
(ii) For ponds, lakes and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in Rule .0202 of this Subchapter) and within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the most landward limit of the normal high water level or the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Items (9) and (11) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(9) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (10)(a) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule.
(a) The following are deemed allowable as defined in Sub-Item (10)(a)(i) of this rule:
(i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state-approved local government stormwater program; and
(ii) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance.
(b) The following are allowable upon authorization as defined in Sub-Item (10)(a)(ii) of this Rule:
(i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state-approved local government stormwater program;
(ii) New drainage conveyances when the drainage area to the conveyance is demonstrated via approved nutrient calculation methodologies to meet the nutrient loading goal of 3.6 pounds per acre per year of Nitrogen (N) outside of the Falls of the Neuse Reservoir Watershed. Within the Falls of the Neuse Reservoir Watershed, new drainage conveyances when the drainage area to the conveyance is demonstrated via approved nutrient calculation methodologies to meet the nutrient loading goal of 2.2 pounds per acre per year of Nitrogen (N) and 0.33 pounds per acre per year of Phosphorus (P);
(iii) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm;
(iv) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .1059;
(v) Realignment of existing drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations;
(vi) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same;
(vii) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(viii) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and
(ix) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only.
(10) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, allowable with exception or prohibited.
(a) Potential new uses shall have the following requirements:
(i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub-Item (9)(a) and Item (11) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. In addition, deemed allowable uses shall meet the requirements listed in Item (11) of this Rule for the specific use.
(ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Sub-Item (9)(b) and Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter.
(iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation upon authorization in Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to Item (12) of this Rule.
(iv) PROHIBITED. Uses designated as prohibited in Item (11) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval.
(v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Item (11) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to (12) of this Rule.
(11) TABLE OF USES. The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited:
| |Deemed |Allowable Upon |Allowable with |Prohibited |
| |Allowable |Authorization |Mitigation Upon | |
| | | |Authorization | |
|(a) Airport facilities: | | | | |
|(i) Vegetation removal activities necessary to comply with Federal |X | | | |
|Aviation Administration requirements (e.g. line of sight requirements) | | | | |
|provided the disturbed areas are stabilized and revegetated | | | | |
|(ii) Airport facilities that impact equal to or less than one-third of | |X | | |
|an acre of riparian buffer | | | | |
|(iii) Airport facilities that impact greater than one-third of an acre | | |X | |
|of riparian buffer | | | | |
|(b) Archaeological activities |X | | | |
|(c) Bridges: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian |X | | | |
|buffer | | | | |
|(ii) Impact greater than one-tenth of an acre of riparian buffer | |X | | |
|(d) Dam maintenance activities: | | | | |
|(i) Dam maintenance activities that do not cause additional riparian |X | | | |
|buffer disturbance beyond the footprint of the existing dam | | | | |
|(ii) Dam maintenance activities that do cause additional riparian | |X | | |
|buffer disturbance beyond the footprint of the existing dam | | | | |
|(e) Drainage of a pond subject to Item (3) of this Rule provided that a|X | | | |
|new riparian buffer is established by natural regeneration or planting,| | | | |
|within 50 feet of any stream which naturally forms or is constructed | | | | |
|within the drained pond area. Drained ponds shall be allowed to | | | | |
|naturalize for a minimum of six months from completion of the draining | | | | |
|activity before a stream determination is conducted pursuant to Item | | | | |
|(4) of this Rule | | | | |
|(f) Fences: | | | | |
|(i) Fencing livestock out of surface waters |X | | | |
|(ii) Installation does not result in removal of trees from Zone 1 |X | | | |
|(iii) Installation results in removal of trees from Zone 1 | |X | | |
|(g) Fertilizer application: | | | | |
|(i) One-time fertilizer application at agronomic rates in the riparian |X | | | |
|buffer to establish replanted vegetation. No runoff from this one-time | | | | |
|application in the riparian buffer is allowed in the surface water | | | | |
|(ii) Ongoing fertilizer application | | | |X |
|(h) Forest harvesting - see Rule .0612 of this Subchapter | | | | |
|(i) Grading only in Zone 2 provided that the health of existing |X | | | |
|vegetation in Zone 1 is not compromised, Item (9) of this Rule is | | | | |
|complied with, and disturbed areas are stabilized and revegetated | | | | |
|(j) Greenways, trails, sidewalks or linear pedestrian/bicycle | | | | |
|transportation systems: | | | | |
|(i) In Zone 2 provided that no built upon area is added within the |X | | | |
|riparian buffer | | | | |
|(ii) In Zone 1 provided that no built upon area is added within the |X | | | |
|riparian buffer and the installation does not result in the removal of | | | | |
|tree(s) | | | | |
|(iii) When built upon area is added to the riparian buffer, equal to or| |X | | |
|less than 10 feet wide with two foot wide shoulders. Shall be located | | | | |
|outside Zone 1 unless there is no practical alternative | | | | |
|(iv) When built upon area is added to the riparian buffer, greater than| | |X | |
|10 feet wide with two foot wide shoulders. Shall be located outside | | | | |
|Zone 1 unless there is no practical alternative | | | | |
|(k) Historic preservation |X | | | |
|(l) New Landfills as defined by G.S. 130A-290 | | | |X |
|(m) Maintenance access on modified natural streams or canals: a grassed| |X | | |
|travelway on one side of the waterbody when less impacting alternatives| | | | |
|are not practical. The width and specifications of the travel way shall| | | | |
|be only that needed for equipment access and operation. The travelway | | | | |
|shall be located to maximize stream shading | | | | |
|(n) Mining activities: | | | | |
|(i) Mining activities that are covered by the Mining Act provided that | |X | | |
|new riparian buffers that meet the requirements of Items (8) and (9) of| | | | |
|this Rule are established adjacent to any relocated channels | | | | |
|(ii) Mining activities that are not covered by the Mining Act OR where | | |X | |
|new riparian buffers that meet the requirements of Items (8) and (9) of| | | | |
|this Rule are not established | | | | |
|(iii) Wastewater or mining dewatering wells with approved NPDES permit |X | | | |
|(o) On-site sanitary sewage systems - new ones that use ground | | | |X |
|absorption | | | | |
|(p) Pedestrian access trail and associated steps leading to a surface | | | | |
|water, dock, canoe or kayak access, fishing pier, boat ramp or other | | | | |
|water dependent structure: | | | | |
|(i) Equal to or less than six feet wide that does not result in the |X | | | |
|removal of tree(s) within the riparian buffer and does not result in | | | | |
|the addition of built upon area to the riparian buffer | | | | |
|(ii) Equal to or less than six feet wide that results in the removal of| |X | | |
|tree(s) or the addition of built upon area to the riparian buffer | | | | |
|(iii) Greater than six feet wide | | |X | |
|(q) Playground equipment: | | | | |
|(i) Playground equipment on single-family lots provided that |X | | | |
|installation and use does not result in removal of vegetation | | | | |
|(ii) Playground equipment on single-family lots where installation or | |X | | |
|use results in the removal of vegetation | | | | |
|(iii) Playground equipment installed on lands other than single-family | |X | | |
|lots | | | | |
|(r) Ponds created or modified by impounding streams subject to riparian| | | | |
|buffers pursuant to Item (3) of this Rule and not used as stormwater | | | | |
|control measures (SCMs): | | | | |
|(i) New ponds provided that a riparian buffer that meets the | |X | | |
|requirements of Items (8) and (9) of this Rule is established adjacent | | | | |
|to the pond | | | | |
|(ii) New ponds where a riparian buffer that meets the requirements of | | |X | |
|Items (8) and (9) of this Rule is NOT established adjacent to the pond | | | | |
|(s) Protection of existing structures and facilities when this requires| |X | | |
|additional disturbance to the riparian buffer | | | | |
|(t) Public Safety - publicly owned spaces where it has been determined |X | | | |
|by the head of the local law enforcement agency with jurisdiction over | | | | |
|that area that the riparian buffers pose a risk to public safety. The | | | | |
|head of the local law enforcement agency shall notify the local | | | | |
|government with land use jurisdiction over the publicly owned space and| | | | |
|the Division of Water Resources of any such determination in writing | | | | |
|(u) Removal of previous fill or debris provided that Item (9) of this |X | | | |
|Rule is complied with and any vegetation removed is restored | | | | |
|(v) Residential Properties: Where application of this Rule would | | | | |
|preclude construction or expansion of a single-family residence and | | | | |
|necessary infrastructure, the single-family residence may encroach in | | | | |
|the buffer if all of the following conditions are met: (1) the | | | | |
|residence is set back the maximum feasible distance from the top of the| | | | |
|bank, rooted herbaceous vegetation, normal high-water level, or normal | | | | |
|water level, whichever is applicable, on the existing lot; (2) the | | | | |
|residence is designed to minimize encroachment into the riparian | | | | |
|buffer; (3) the residence complies with Item (9) of this Rule; and (4) | | | | |
|if the residence will be served by an on-site wastewater system, no | | | | |
|part of the septic tank or drainfield may encroach into the riparian | | | | |
|buffer: | | | | |
|(i) The residence or necessary infrastructure only impact Zone 2 | |X | | |
|(ii) The residence or necessary infrastructure impact Zone 1 | | |X | |
|(iii) Impacts other than the residence or necessary infrastructure | | |X | |
|(w) Restoration or enhancement (wetland, stream) as defined in 33 CFR | | | | |
|Part 332 available free of charge on the internet at: | | | | |
| | | | |
|x.cfm: | | | | |
|(i) Wetland or stream restoration is part of a compensatory mitigation |X | | | |
|bank, nutrient offset bank, or the In Lieu Fee program | | | | |
|(ii) Wetland or stream restoration other than those listed above | |X | | |
|(x) Road, driveway or railroad - impacts other than perpendicular | | |X | |
|crossings of streams and other surface waters subject to this Rule | | | | |
|(y) Road, driveway or railroad - perpendicular crossings of streams and| | | | |
|other surface waters subject to this Rule | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian |X | | | |
|buffer | | | | |
|(ii) Impact greater than one-tenth of an acre but equal to or less than| |X | | |
|one-third of an acre of riparian buffer | | | | |
|(iii) Impact greater than one-third of an acre of riparian buffer | | |X | |
|(iv) Driveway crossings in a residential subdivision that cumulatively | |X | | |
|impact equal to or less than one-third of an acre of riparian buffer | | | | |
|(v) Driveway crossings in a residential subdivision that cumulatively | | |X | |
|impact greater than one-third of an acre of riparian buffer | | | | |
|(vi) Farm roads and forest roads that are exempt from permitting from |X | | | |
|the U.S. Army Corps of Engineers per Section 404(f) of the Federal | | | | |
|Clean Water Act | | | | |
|(z) Road relocation of existing private access roads associated with | | | | |
|public road projects where necessary for public safety: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer impact | |X | | |
|(ii) Greater than 2,500 square feet of riparian buffer impact | | |X | |
|(aa) Scientific studies and stream gauging |X | | | |
|(bb) Slatted uncovered decks, including steps and support posts, which | | | | |
|are associated with a dwelling, provided that it meets the requirements| | | | |
|of Items (8) and (9) of this Rule and: | | | | |
|(i) Installation does not result in removal of vegetation in Zone 1 | |X | | |
|(ii) Installation results in removal of vegetation in Zone 1 | | |X | |
|(cc) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002:| | | | |
|(i) In Zone 2 if Item (9) of this Rule is complied with | |X | | |
|(ii) Installation results in removal of vegetation in Zone 1 | | |X | |
|(dd) Streambank or shoreline stabilization | |X | | |
|(ee) Temporary roads, provided that the disturbed area is restored to | | | | |
|pre-construction topographic and hydrologic conditions and replanted | | | | |
|with comparable vegetation within two months of when construction is | | | | |
|complete. Tree planting may occur during the dormant season. At the end| | | | |
|of five years, any restored wooded riparian buffer shall comply with | | | | |
|the restoration criteria in Rule .0295(i) of this Subchapter: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer |X | | | |
|disturbance | | | | |
|(ii) Greater than 2,500 square feet of riparian buffer disturbance | |X | | |
|(iii) Associated with culvert installation or bridge construction or | |X | | |
|replacement | | | | |
|(ff) Temporary sediment and erosion control devices provided that the | | | | |
|disturbed area is restored to preconstruction topographic and | | | | |
|hydrologic conditions and replanted with comparable vegetation within | | | | |
|two months of when construction is complete. Tree planting may occur | | | | |
|during the dormant season. At the end of five years, any restored | | | | |
|wooded riparian buffer shall comply with the restoration criteria in | | | | |
|Rule .0295(i) of this Subchapter: | | | | |
|(i) In Zone 2 provided that ground cover is established within the |X | | | |
|timeframes required by the Sedimentation and Erosion Control Act, | | | | |
|vegetation in Zone 1 is not compromised, and that discharge is released| | | | |
|in accordance with Item (9) of this Rule | | | | |
|(ii) In Zones 1 and 2 to control impacts associated with uses | |X | | |
|identified in this Table or uses that have received an Authorization | | | | |
|Certificate with Exception provided that sediment and erosion control | | | | |
|for upland areas is addressed outside the riparian buffer | | | | |
|(iii) In-stream temporary erosion and sediment control measures for |X | | | |
|work within a stream channel that is authorized under Sections 401 and | | | | |
|404 of the Federal Clean Water Act | | | | |
|(gg) Utility Lines - Streambank stabilization for the protection of | | | | |
|publicly owned utility lines (not including new line installation): | | | | |
|(i) Less than 150 feet of streambank disturbance |X | | | |
|(ii) Greater than 150 feet of streambank disturbance | |X | | |
|(hh) Utility – Sewer lines – Sanitary Sewer Overflows: | | | | |
|(i) Emergency sanitary sewer overflow response activities, provided |X | | | |
|that the disturbed area within the riparian buffer outside of the | | | | |
|existing utility line maintenance corridor is the minimum necessary to | | | | |
|respond to the emergency overflow, is restored to pre-construction | | | | |
|topographic and hydrologic conditions, and is replanted with comparable| | | | |
|vegetation (e.g. grass with grass, hardwoods with hardwoods) within two| | | | |
|months of when disturbance is complete | | | | |
|(ii) Emergency sanitary sewer overflow response activities that do not | |X | | |
|meet the listing above. For any new proposed permanent impacts that are| | | | |
|not a "Deemed Allowable Activity", an application for an Authorization | | | | |
|Certificate shall be submitted to the Authority no later than 30 | | | | |
|calendar days of conclusion of the emergency response activities | | | | |
|(ii) Utility - Sewer Lines – Vegetation maintenance activities that | | | | |
|remove forest vegetation from existing sewer utility right of ways (not| | | | |
|including new line installation) outside of the existing utility line | | | | |
|maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without | | | | |
|disturbance to the soil structure for a maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(jj) Utility - Sewer Lines –Replacement/Rehabilitation of existing | | | | |
|sewer lines within, or adjacent to, an existing right of way but | | | | |
|outside of an existing utility line maintenance corridor provided that | | | | |
|comparable vegetation (e.g. grass with grass, hardwoods with hardwoods)| | | | |
|is allowed to regenerate in disturbed riparian buffers outside of the | | | | |
|permanent maintenance corridor and riparian buffers outside of the | | | | |
|permanent maintenance corridor are not maintained: | | | | |
|(i) Permanent maintenance corridor equal to or less than 30 feet wide |X | | | |
|provided there is no grading and/or grubbing within 10 feet of the top | | | | |
|of bank when the sewer line is parallel to the stream | | | | |
|(ii) Grading and/or grubbing within 10 feet of the top of bank when the| |X | | |
|sewer line is parallel to the stream and permanent maintenance corridor| | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Permanent maintenance corridor greater than 30 feet wide. For | | |X | |
|impacts other than perpendicular crossings, mitigation is only required| | | | |
|for Zone 1 impacts. For perpendicular crossings that disturb equal to | | | | |
|or less than 40 linear feet, no mitigation is required. For | | | | |
|perpendicular crossings that disturb greater than 40 linear feet, | | | | |
|mitigation is only required for Zone 1 impacts | | | | |
|(kk) Utility - Sewer Lines – New Line Construction/Installation | | | | |
|Activities – Perpendicular crossings of streams and other surface | | | | |
|waters subject to this Rule or perpendicular entry into the riparian | | | | |
|buffer that does not cross a stream or other surface water subject to | | | | |
|this Rule provided that vegetation is allowed to regenerate in | | | | |
|disturbed areas outside of the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 40 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and less| |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet | | | | |
|wide | | | | |
|(iv) Permanent maintenance corridor greater than 30 feet wide. For | | |X | |
|impacts other than perpendicular crossings, mitigation is only required| | | | |
|for Zone 1 impacts. For perpendicular crossings that disturb equal to | | | | |
|or less than 40 linear feet, no mitigation is required. For | | | | |
|perpendicular crossings that disturb greater than 40 linear feet, | | | | |
|mitigation is only required for Zone 1 impacts | | | | |
|(ll) Utility - Sewer Lines – New Line Construction/Installation | | | | |
|Activities – Impacts other than perpendicular crossings provided that | | | | |
|vegetation is allowed to regenerate in disturbed areas outside of the | | | | |
|permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within 10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(mm) Utility - Non-Sewer Underground Lines – Vegetation maintenance | | | | |
|activities that remove forest vegetation from existing utility right of| | | | |
|ways (not including new line installation) outside of the existing | | | | |
|utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without | | | | |
|disturbance to the soil structure for a maintenance corridor that is | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(nn) Utility – Non-Sewer Underground Lines – Perpendicular crossings of| | | | |
|streams and other surface waters subject to this Rule or perpendicular | | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule provided that vegetation is allowed | | | | |
|to regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Construction corridor of less than or equal to 50 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 50 linear feet wide and less| |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet | | | | |
|wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet| | |X | |
|wide (mitigation is required only for Zone 1 impacts) | | | | |
|(oo) Utility – Non-Sewer Underground Lines – Impacts other than | | | | |
|perpendicular crossings provided that vegetation is allowed to | | | | |
|regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within 10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(pp) Utilities – Non-sewer aerial lines - Perpendicular crossings of | | | | |
|streams and other surface waters subject to this Rule or perpendicular | | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule: | | | | |
|(i) Disturb equal to or less than 150 linear feet wide of riparian |X | | | |
|buffer provided that a minimum zone of 10 feet wide immediately | | | | |
|adjacent to the waterbody is managed such that only vegetation that | | | | |
|poses a hazard or has the potential to grow tall enough to interfere | | | | |
|with the line is removed, that no land grubbing or grading is conducted| | | | |
|in Zone 1, and that poles or aerial infrastructure are not installed | | | | |
|within 10 feet of a waterbody | | | | |
|(ii) Disturb greater than 150 linear feet wide of riparian buffer | |X | | |
|(qq) Utilities – Non-sewer aerial lines - Impacts other than | | | | |
|perpendicular crossings of streams and other surface waters subject to | | | | |
|this Rule or perpendicular entry into the riparian buffer that does not| | | | |
|cross a stream or other surface water subject to this Rule: | | | | |
|(i) Impacts in Zone 2 only |X | | | |
|(ii) Impacts in Zone 1 provided that a minimum zone of 10 feet wide | |X | | |
|immediately adjacent to the waterbody is managed such that only | | | | |
|vegetation that poses a hazard or has the potential to grow tall enough| | | | |
|to interfere with the line is removed, that no land grubbing or grading| | | | |
|is conducted in Zone 1, and that poles or aerial infrastructure are not| | | | |
|installed within 10 feet of a waterbody | | | | |
|(rr) Vegetation management: | | | | |
|(i) Emergency fire control measures provided that topography is |X | | | |
|restored | | | | |
|(ii) Periodic mowing and harvesting of plant products only in Zone 2 |X | | | |
|(iii) Placement of mulch ring around restoration plantings for a period|X | | | |
|of five years from the date of planting | | | | |
|(iv) Planting non-invasive vegetation to enhance the riparian buffer |X | | | |
|(v) Pruning forest vegetation provided that the health and function of |X | | | |
|the forest vegetation is not compromised | | | | |
|(vi) Removal of individual trees, branches or limbs which are in danger|X | | | |
|of causing damage to dwellings, existing utility lines, other | | | | |
|structures or human life, or are imminently endangering stability of | | | | |
|the streambank provided that the stumps are left or ground in place | | | | |
|without causing additional land disturbance | | | | |
|(vii) Removal of individual trees that are dead, diseased or damaged |X | | | |
|(viii) Removal of poison ivy, oak or sumac. Removal can include |X | | | |
|application of pesticides within the riparian buffer if the pesticides | | | | |
|are certified by EPA for use in or near aquatic sites and are applied | | | | |
|in accordance with the manufacturer's instructions. If removal is | | | | |
|significant, then the riparian buffer shall be replanted with | | | | |
|non-invasive species | | | | |
|(ix) Removal of understory nuisance vegetation as defined in: Smith, |X | | | |
|Cherri L. 2008. Invasive Plants of North Carolina. Dept. of | | | | |
|Transportation. Raleigh, NC (available at | | | | |
| | | | |
|-42dc-bb27-45a78d1c7ebe&groupId=38364). Removal can include application| | | | |
|of pesticides within the riparian buffer is the pesticides are | | | | |
|certified by EPA for use in or near aquatic sites and are applied in | | | | |
|accordance with the manufacturer's instructions. If removal is | | | | |
|significant then the riparian buffer shall be replanted with | | | | |
|non-invasive species | | | | |
|(x) Removal of woody vegetation in Zone 1 provided that Item (9) of | | |X | |
|this Rule is complied with | | | | |
|(ss) Vehicle access roads and boat ramps (excluding parking areas) | | | | |
|leading to surface water, docks, fishing piers, and other water | | | | |
|dependent activities: | | | | |
|(i) Single vehicular access road and boat ramp to the surface water but| |X | | |
|not crossing the surface water that are restricted to the minimum width| | | | |
|practicable not to exceed 15 feet wide | | | | |
|(ii) Vehicular access roads and boat ramps to the surface water but not| | |X | |
|crossing the surface water that are restricted to the minimum width | | | | |
|practicable and exceed 15 feet wide | | | | |
|(tt) Water dependent structures (except for boat ramps) as defined in | |X | | |
|Rule .0202 of this Subchapter | | | | |
|(uu) Water supply reservoirs: | | | | |
|(i) New reservoirs provided that a riparian buffer that meets the | |X | | |
|requirements of Items (8) and (9) of this Rule is established adjacent | | | | |
|to the reservoir | | | | |
|(ii) New reservoirs where a riparian buffer that meets the requirements| | |X | |
|of Items (8) and (9) of this Rule is NOT established adjacent to the | | | | |
|reservoir | | | | |
|(vv) Water wells |X | | | |
|(ww) Wildlife passage structures | |X | | |
(12) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation upon authorization as defined in Sub-Item (10)(a)(iii) of this Rule or allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule shall meet the following requirements in order to proceed with their proposed use.
(a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Subchapter; and
(b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
(13) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant to Rule .0235 of this Subchapter shall have two options for ensuring protection of riparian buffers on new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to Rule .0715 of this Section; or:
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian buffer as described in Item (3) of this Rule; or
(ii) The person requesting the approval proposes to impact the riparian buffer as described in Item (3) of this Rule and either:
(A) Has received an on-site determination from the Authority pursuant to Item (4) of this Rule that surface waters are not present in the location of the proposed impact;
(B) The activity is designated as exempt under this Rule;
(C) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter for uses designated as allowable upon authorization under this Rule;
(D) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter and obtained the Authority's approval on a mitigation plan pursuant to Item (11) of this Rule for uses designated as allowable with mitigation upon authorization under this Rule;
(E) Has received an Authorization Certificate with Exception from the Authority pursuant to Rule .0611 of this Subchapter; or
(F) Has received a Variance pursuant to Rule .0611 of this Subchapter.
(14) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1995-572; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413; S.L. 2015-246; S.L. 2017-209;
Temporary Adoption Eff. July 22, 1997;
Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998;
Eff. August 1, 2000;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0233).
15A NCAC 02B .0715 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
(a) PURPOSE. This Rule sets out the requirements for delegation of the responsibility for implementing and enforcing the Neuse Basin riparian buffer protection program, as described in Rule .0714 of this Section, to local governments.
(b) PROCEDURES FOR GRANTING DELEGATION. The Commission shall grant local government delegation of the Neuse River Basin Riparian Buffer Protection requirements, as described in Rule .0714 of this Section, according to the following procedures:
(1) Local governments within the Neuse River Basin may submit a written request to the Commission for authority to implement and enforce the Neuse River Basin riparian buffer protection requirements within their jurisdiction by establishing a riparian buffer program to meet the requirements of Rule .0714 of this Section. The written request to establish a riparian buffer program shall include the following:
(A) Documentation that the local government has land use jurisdiction for the riparian buffer. This can be demonstrated by delineating the local land use jurisdictional boundary on the USGS 1:24,000 topographical map(s) or other finer scale map(s);
(B) Documentation that the local government has the administrative organization, staff, legal authority, financial resources, and other resources necessary to implement and enforce the Neuse River Basin riparian buffer protection requirements based on its size and projected amount of development;
(C) The local government ordinances, resolutions, or regulations necessary to establish a riparian buffer program meet the requirements of Rule .0714 of this Section and G.S. 143-214.23A;
(D) Documentation that the local government's riparian buffer program shall comply with all requirements set forth in G.S. 143-214.23A; and
(E) A plan to address violations with site-specific remedies and actions including civil or criminal remedies that shall restore riparian buffer nutrient removal functions on violation sites and provide a deterrent against the occurrence of future violations.
(2) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government whether it has been approved, approved with modifications, or denied.
(c) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local governments shall appoint a Riparian Buffer Protection Administrator(s) who shall coordinate the implementation and enforcement of the program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations pursuant to G.S. 143-214.25A. The Administrator(s) shall ensure that local government staff working directly with the program receive training to understand, implement, and enforce the program and are certified to make on-site determinations pursuant to G.S. 143-214.25A. At any time that a local government does not have anyone on staff certified to make on-site determinations pursuant to G.S. 143-214.25A, it shall notify the Division within 30 calendar days and provide a proposed schedule to secure a certified staff member. The local government shall coordinate with the Division to provide on-site determinations until a new certified staff member is secured by the local government.
(d) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE UPON AUTHORIZATION AND ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Upon receiving delegation, local governments shall review applications requesting an Authorization Certificate pursuant to the requirements set forth in Rule .0611 of this Section.
(e) EXCEPTIONS. Upon receiving delegation, local governments shall review applications requesting an Authorization Certificate with Exception pursuant to the requirements set forth in Rule .0611 of this Section.
(f) LIMITS OF DELEGATED LOCAL AUTHORITY. The Division shall have jurisdiction to the exclusion of local governments to implement the State's riparian buffer protection requirements for the following types of activities:
(1) Activities conducted under the authority of the State;
(2) Activities conducted under the authority of the United States;
(3) Activities conducted under the authority of multiple jurisdictions;
(4) Activities conducted under the authority of units of local government;
(5) Forest harvesting activities described in Rule .0612 of this Section; and
(6) Agricultural activities.
(g) RECORD-KEEPING REQUIREMENTS. Delegated local governments shall maintain on-site records for a minimum of five years and shall furnish a copy of these records to the Division within 30 calendar days of receipt of a written request for them. Each delegated local governments records shall include the following:
(1) A copy of all Authorization Certificate with Exception requests;
(2) Findings on all Authorization Certificate with Exception requests;
(3) The results of all Authorization Certificate with Exception proceedings;
(4) A record of complaints and action taken as a result of the complaints;
(5) Records for on-site determinations as described in Rule .0714(4) of this Section; and
(6) Copies of all requests for authorization, records approving authorization, and Authorization Certificates.
(h) AUDITS OF LOCAL AUTHORITIES. The Division shall audit delegated local governments to ensure the local programs are being implemented and enforced in keeping with the requirements of this Rule and Rule .0714 of this Section. The audit shall consist of a review of all local government activities with regards to implementation of this Rule and Rule .0714 of this Section.
(i) PROCEDURES FOR RESCINDING DELEGATION. Upon determination by the Division that a delegated local government is failing to implement or enforce the Neuse Basin riparian buffer protection requirements in keeping with the request approved under Paragraph (b) of this Rule, the Commission shall notify the delegated local government in writing of the local program's deficiencies. If the delegated local government has not corrected the deficiencies within 90 calendar days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and the Division shall implement and enforce the Neuse River Basin riparian buffer protection requirements within their jurisdiction.
(j) DELEGATION. The Commission may delegate its duties and powers for granting and rescinding local government delegation of the Neuse River Basin riparian buffer protection requirements, in whole or in part, to the Director.
History Note: Authority 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.3(a)(4); 143B-282(d); S.L. 1998-221;
Eff. August 1, 2000;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0241).
15A NCAC 02B .0716-.0719 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0720 RANDLEMAN NUTRIENT STRATEGY: PURPOSE AND SCOPE
(a) PURPOSE. The purpose of the Randleman nutrient strategy is to attain the designated uses of Randleman Lake. All waters of the Randleman Lake (Deep River) water supply watershed are classified for water supply uses and designated by the Environmental Management Commission as a Critical Water Supply Watershed pursuant to G.S. 143-214.5(b).
(b) SCOPE AND LIMITATION. The Randleman nutrient strategy rules require controls to reduce nutrient sources throughout the Randleman Lake watershed. These Rules do not address sources for which there is insufficient scientific knowledge to support regulation. The Commission may undertake additional rulemaking in the future or make recommendations to other rulemaking bodies to more fully address nutrient sources to Randleman Lake.
(c) RULES ENUMERATED. The following rules, which together shall constitute the Randleman nutrient strategy, shall be implemented for the entire drainage area upstream of the Randleman Lake Dam:
(1) Rule .0721 of this Section for Urban Stormwater Management;
(2) Rule .0722 of this Section for Wastewater Discharges; and
(3) Rule .0724 of this Section for Protection and Maintenance of Riparian Areas.
(d) PENALTIES. Failure to meet the requirements of the Rules in this Section may result in the imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties), and G.S. 143-215.6C (injunctive relief).
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C;
Eff. April 1, 1999;
Amended Eff. May 1, 2010;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0248).
15A NCAC 02B .0721 RANDLEMAN LAKE WATER SUPPLY WATERSHED: STORMWATER REQUIREMENTS
The following is the stormwater management strategy for the Randleman Lake watershed:
(1) IMPLEMENTING AUTHORITY. The requirements of this Rule shall be implemented by local governments that have land use authority within the Randleman Lake watershed. State agencies shall also comply with this Rule insofar as required by G.S. 143-214.5 and in accordance with Rule .0622 of this Subchapter.
(2) SUBWATERSHEDS. For the purpose of this Rule, the Randleman Lake Watershed is divided into subwatersheds as follows:
(a) the upper portion of the watershed is defined as those waters and lands of the Deep River watershed that drain to the Oakdale-Cotton Mill Dam;
(b) the lower portion of the watershed are those waters and lands of the Deep River upstream and draining to the Randleman Lake Dam, from the Oakdale-Cotton Mill Dam to the Randleman Dam;
(c) Oak Hollow Lake subwatershed is defined as all land areas draining to Oak Hollow Lake;
(d) High Point Lake subwatershed is defined as all land areas draining to High Point Lake, East Fork Deep River and West Fork Deep River from Oak Hollow Lake Dam; and
(e) Deep River 1 subwatershed is defined as all land areas draining to the Deep River from High Point Lake Dam to Freeman Mill Dam.
(3) COMPREHENSIVE STORMWATER MANAGEMENT PLANS. All local governments with jurisdiction in the Randleman Lake watershed shall implement and maintain stormwater management plans that meet or exceed the criteria set forth in this Item of this Rule. Stormwater management plans shall include the following:
(a) evaluation of existing land use within Oak Hollow Lake subwatershed, High Point Lake subwatershed, and Deep River 1 subwatershed in the Randleman Lake watershed with recommendations that show how overall built-upon area (for existing and future development) for each subwatershed can be minimized and high intensity land uses can be targeted away from surface waters and sensitive receiving waters as defined by 15A NCAC 02H .0150. This evaluation shall be done by the local governments having jurisdiction in those watersheds, working in cooperation with the Piedmont Triad Regional Water Authority;
(b) coordination between all affected jurisdictions to encourage their development in the existing urban areas. The planning effort shall include provisions for areas of contiguous open space to be protected through conservation easements or other long-term protection measures and provisions to direct infrastructure growth towards existing urban development corridors rather than to rural lands;
(c) evaluation of existing ordinances, municipal programs (maintenance, street cleaning, etc.), and other local policies to identify opportunities for stormwater quality improvements, including reducing the amount of built-upon area that is required for uses such as parking, building setbacks, road widths, and cul-de-sacs. The evaluations shall consider development options such as multiple story buildings, mixed use to encourage pedestrian travel and mass transit, and an identification of municipal activities and procedures that may be modified to allow for stormwater pollution prevention opportunities;
(d) implementation of watershed protection public education programs;
(e) identification and removal of illegal discharges; and
(f) identification of suitable locations for potential stormwater retrofits (such as riparian areas) that may be funded by various sources.
(4) RANDLEMAN LAKE WATERSHED ORDINANCES. Local governments with jurisdiction in the Randleman Lake watershed shall implement local ordinances that meet or exceed the provisions of Items (5) and (6) of this Rule in accordance with their location in the Randleman Lake watershed and in coordination with the Piedmont Triad Regional Water Authority. All revisions to these local ordinances shall be submitted to the Commission for review and approval. Ordinances that meet or exceed the provisions of Items (5) and (6) of this Rule shall be approved by the Commission.
(5) REQUIREMENTS FOR THE UPPER PORTION OF THE WATERSHED. Local governments with jurisdiction in the upper portion of the Randleman Lake watershed shall adopt ordinances that meet or exceed the State's minimum rules for a Class WS-IV watershed as specified in 15A NCAC 02B .0216 and 15A NCAC 02B .0620 through .0624 in addition to meeting the riparian area protection requirements of 15A NCAC 02B .0724.
(6) REQUIREMENTS FOR THE LOWER PORTION OF THE WATERSHED. Local governments with jurisdiction in the lower portion of the Randleman Lake watershed shall adopt ordinances that meet the riparian area protection requirements set forth in 15A NCAC 02B .0724. Local ordinances shall also meet or exceed the State's minimum requirements for a Class WS-IV watershed set forth in 15A NCAC 02B .0620 through .0624 except that the following requirements shall supersede the equivalent provisions of 15A NCAC 02B .0624, as specified:
(a) the following maximum allowable project densities and minimum lot sizes shall supersede the requirements of 15A NCAC 02B .0624(3) and shall apply to a project according to its relative location in the watershed (Critical Area versus Protected Area), its project density (low density versus high density), and the type of development (single-family detached residential versus all other types):
|Location in the |Maximum Allowable Project Density or Minimum Lot Size |
|Watershed | |
| |Low Density Development |High Density |
| | |Development |
| |Single-family detached residential |Non-residential and all|All types |
| | |other residential | |
|Critical Area |1 dwelling unit per 2 acres or |6% built-upon area |6 to 30% built-upon |
| |80,000 square foot lot or | |area |
| |6% built-upon area | | |
|Protected Area |1 dwelling unit per acre or 40,000 |12% built-upon area |12 to 50% built-upon |
| |square foot lot or | |area; |
| |12% built-upon area | | |
(b) for high density development, the following vegetated setback requirements shall be in addition to the riparian area protection requirements set forth in 15A NCAC 02B .0724 and shall supersede the requirements of 15A NCAC 02B .0624(11):
(i) vegetated setbacks for high density development shall be located at least 100 feet from perennial waterbodies and perennial streams indicated on the most recent versions of the United States Geological Survey (USGS) 1:24,000 scale (7.5 minute) quadrangle topographic maps, which is herein incorporated by reference and are available at no cost at , or the most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resources Conservation Service of the United States Department of Agriculture, which are herein incorporated by reference and are available at no cost at ;
(ii) the width of a vegetated setback shall be measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline;
(iii) vegetated setbacks may be cleared or graded, but shall be replanted and maintained in grass or other vegetation; and
(iv) no new built-upon area shall be allowed in the vegetated setback except for publicly-funded linear projects such as roads, greenways, and sidewalks, water dependent structures such as docks, and minimal footprint uses such as poles, signs, utility appurtenances, and security lights where it is not practical to locate the built-upon area elsewhere. Built-upon area associated with these uses shall be minimized and the channelization of stormwater runoff shall be avoided.
(c) outside of the critical areas, as defined in 15A NCAC 02B .0202, a local government may submit an alternative high density option to the Commission as part of the submittal of the local water supply watershed protection ordinance in order to allow development to exceed 50 percent built-upon area. The alternative ordinance shall be approved by the Commission if the Commission determines that it provides equal or greater water quality protection to the Randleman Lake reservoir and its tributaries;
(d) no new permitted sites for land application of residuals or petroleum contaminated soils shall be allowed in the critical areas; and
(e) no new landfills shall be allowed in the critical areas.
(7) Local governments shall have the option to develop more stringent local stormwater management plans and watershed ordinances. Local stormwater management programs and ordinances, and modifications to these programs and ordinances, shall be submitted to the Commission for review and approval and kept on file by the Division. The Commission shall approve the local stormwater management plans and watershed ordinances if they meet or exceed the requirements set forth in this Rule.
(8) If a local government fails to implement an approved plan, then stormwater management requirements for existing and new urban areas within its jurisdiction shall be administered through the NPDES municipal stormwater permitting program per 15A NCAC 02H .0126 which shall include:
(a) subject local governments shall be required to develop and implement comprehensive stormwater management programs for both existing and new development;
(b) these stormwater management programs shall provide all components that are required of local government stormwater programs in this Rule; and
(c) local governments that are subject to an NPDES permit shall be covered by the permit for at least one permitting cycle (five years) before they are eligible to submit a revised local stormwater management component of their water supply watershed protection program for consideration and approval by the Commission. Revised ordinances that meet or exceed the provisions of Items (5) and (6) of this Rule shall be approved by the Commission.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. April 1, 1999;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0251).
15A NCAC 02B .0722 RANDLEMAN LAKE WATER SUPPLY WATERSHED: WASTEWATER DISCHARGE REQUIREMENTS
(a) The following is the National Pollutant Discharge Elimination System (NPDES) wastewater discharge management strategy for the Randleman Lake watershed.
(b) For purposes of this Rule, permitted wastewater discharges means those facilities permitted to discharge domestic wastewater or wastewaters containing phosphorus.
(c) There shall be no new or expanding permitted wastewater discharges in the watershed with the exception that the City of High Point Eastside Wastewater Treatment Plant may be allowed to expand provided that any new permit contains concentration and mass limits predicted through water quality modeling or other analysis that shows to the Director that discharges will provide a level of water quality in the Randleman Lake that meets all designated uses of those waters.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0249).
15A NCAC 02B .0723 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0724 RANDLEMAN LAKE WATER SUPPLY WATERSHED: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
Protection of the pollutant removal and other water quality services provided by riparian buffers throughout the watershed is an important element of the overall Randleman Lake water supply pollutant strategy. The following is the management strategy for maintaining and protecting riparian areas in the Randleman Lake watershed:
(1) PURPOSE. The purposes of this Rule shall be for the local governments listed in this Rule, and in certain cases stated in this Rule the Division, to maintain and protect existing riparian buffers throughout the Randleman Lake watershed as generally described in this Rule, in order to maintain their nutrient removal and stream protection functions. Additionally, this Rule will help protect the water supply uses of Randleman Lake and of designated water supplies throughout the Randleman Lake water supply watershed. Terms used in this Rule shall be as defined in Rule .0610 of this Subchapter.
(2) APPLICABILITY. This Rule shall apply to landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Item (3) of this Rule in the Randleman Lake watershed.
(3) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers:
(a) A surface water shall be subject to this Rule if the feature is approximately shown on any of the following references, or if there is other site specific evidence that indicates to the Authority the presence of waters not shown on any of these references:
(i) The United States Geological Survey's (USGS) National Map, available online at: ;
(ii) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resource Conservation Service of the United States Department of Agriculture; or
(iii) Other maps approved by the Environmental Management Commission as more accurate than those identified in Sub-Item (3)(a)(i) and (3)(a)(ii) of this Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions and additions to the hydrography dataset shall follow GICC approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the Environmental Management Commission. Prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-day public notice through the Division's Mailing List in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the Environmental Management Commission for a final decision. Maps approved under this Sub-Item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (6) of this Rule;
(b) This Rule shall apply to activities conducted within 50 foot wide riparian buffers directly adjacent to surface waters in the Randleman Lake watershed (intermittent and perennial streams, lakes, reservoirs, and ponds) excluding wetlands;
(c) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506;
(d) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (9) of this Rule;
(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (8) of this Rule;
(f) A riparian buffer may be exempt from this Rule as described in Items (5), (6) and (7) of this Rule; and
(g) No new clearing, grading, or development shall take place nor shall any new building permits be issued in violation of this Rule.
(4) ON-SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in Sub-Item (3)(a) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. Local governments may accept the results of an on-site determination made by other parties who have successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within 60 calendar days of written notification from the Authority. The Director's determination is subject to review as provided in Articles 3 and 4 of G.S. 150B.
(5) EXEMPTION BASED ON ON-SITE DETERMINATION. Surface waters that appear on the maps listed in Sub-Item (3)(a) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories:
(a) Ditches and manmade conveyances, to include manmade stormwater conveyances, other than modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream;
(b) The absence on the ground of a corresponding perennial waterbody, intermittent waterbody, lake, reservoir or pond;
(c) Ephemeral streams; and
(d) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do not have a direct discharge point to an intermittent or perennial stream.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing ongoing.
(a) A use shall be considered existing and ongoing if:
(i) It was present within the riparian buffer as of the effective date of the local ordinance or ordinances enforcing this Rule and has continued to exist since that time. For activities listed in Sub-Item (12)(b) of this Rule, a use shall be considered existing and ongoing if it was present within the riparian buffer as of April 1, 1999 and has continued to exist since that time;
(ii) It was a deemed allowable activity as listed in Item (11) of this Rule; or
(iii) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority; or
(iv) The project or proposed development are determined by the Authority to meet at least one of the following criteria:
(A) Project requires a 401 Certification/404 permit and these were issued prior to the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (12)(b) of this Rule, prior to April 1, 1999, and are still valid; or
(B) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, and have begun construction or are under contract to begin construction, and have received all required state permits and certifications prior to the effective date of the local ordinance or ordinances implementing this Rule, or for activities listed in Sub-Item (12)(b) of this Rule, prior to April 1, 1999; or
(C) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached agreement with the Department on avoidance and minimization prior to April 1, 1999; or
(D) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division prior to April 1, 1999.
(b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity.
(c) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule.
(d) Change of ownership through purchase or inheritance is not a change of use.
(e) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not previously exist prior to the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (12)(b) prior to April 1, 1999, and the site is in compliance with Item (9) of this Rule.
(f) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (6)(a) through (6)(e) of this Rule.
(7) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met:
(a) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.
(b) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before April 1, 1999.
(c) The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B (3).
(8) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of the bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the stream, measured horizontally on a line perpendicular to the stream (where an intermittent or perennial stream begins or ends, including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end); and
(ii) For ponds, lakes and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(9) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (10)(a) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule.
(a) The following are deemed allowable as defined in Sub-Item (10)(a)(i) of this Rule:
(i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state-approved local government stormwater program; and
(ii) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance.
(b) The following are allowable upon authorization as defined in Sub-Item (10)(a)(ii) of this Rule:
(i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state-approved local government stormwater program;
(ii) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm;
(iii) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .1059;
(iv) Realignment of existing roadside drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations;
(v) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same;
(vi) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(vii) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and
(viii) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only.
(10) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited.
(a) Potential new uses shall have the following requirements:
(i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub-Item (9)(a) and Item (11) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. In addition, deemed allowable uses shall meet requirements listed in Item (11) of this Rule for the specific use.
(ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Sub-Item (9)(b) and Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Rule .0611 of this Subchapter.
(iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation upon authorization in Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy has received written approval pursuant to Item (12) of this Rule.
(iv) PROHIBITED. Uses designated as prohibited in Item (11) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval.
(v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Item (11) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to Item (12) of this Rule.
(11) TABLE OF USES: The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization allowable with mitigation upon or prohibited:
|Use |Deemed |Allowable |Allowable with |Prohibited |
| |Allowable |Upon Authorization |Mitigation Upon | |
| | | |Authorization | |
|(a) Airport facilities: | | | | |
|(i) Airport facilities that impact equal to or less than one-third of an | |X | | |
|acre of riparian buffer | | | | |
|(ii) Airport facilities that impact greater than one-third of an acre of | | |X | |
|riparian buffer | | | | |
|(iii) Vegetation removal activities necessary to comply with Federal |X | | | |
|Aviation Administration requirements (e.g. line of sight requirements) | | | | |
|provided the disturbed areas are stabilized and revegetated | | | | |
|(b) Archaeological activities |X | | | |
|(c) Bridges: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre of riparian buffer | |X | | |
|(d) Dam maintenance activities: | | | | |
|(i) Dam maintenance activities that do not cause additional riparian |X | | | |
|buffer disturbance beyond the footprint of the existing dam | | | | |
|(ii) Dam maintenance activities that do cause additional riparian buffer | |X | | |
|disturbance beyond the footprint of the existing dam | | | | |
|(e) Drainage of a pond subject to Item (4) of this Rule provided that a |X | | | |
|new riparian buffer is established by natural regeneration or planting, | | | | |
|within 50 feet of any stream which naturally forms or is constructed | | | | |
|within the drained pond area. Drained ponds shall be allowed to | | | | |
|naturalize for a minimum of six months from completion of the draining | | | | |
|activity before a stream determination is conducted pursuant to Item (4) | | | | |
|of this Rule | | | | |
|(f) Fences: | | | | |
|(i) Fencing livestock out of surface waters |X | | | |
|(ii) Installation does not result in removal of trees from Zone 1 |X | | | |
|(iii) Installation results in removal of trees from Zone 1 | |X | | |
|(g) Fertilizer application: | | | | |
|(i) One-time fertilizer application at agronomic rates in the riparian |X | | | |
|buffer to establish replanted vegetation. No runoff from this one-time | | | | |
|application in the riparian buffer is allowed in the surface water | | | | |
|(ii) Ongoing fertilizer application | | | |X |
|(h) Forest harvesting - see Rule .0612 of this Subchapter | | | | |
|(i) Grading in only Zone 2 provided that the health of existing |X | | | |
|vegetation in Zone 1 is not compromised, Item (9) of this Rule is | | | | |
|complied with, and disturbed areas are stabilized and revegetated | | | | |
|(j) Greenways, trails, sidewalks or linear pedestrian/bicycle | | | | |
|transportation systems: | | | | |
|(i) In Zone 2 provided that no built upon area is added within the |X | | | |
|riparian buffer | | | | |
|(ii) In Zone 1 provided that no built upon area is added within the |X | | | |
|riparian buffer and the installation does not result in the removal of | | | | |
|tree(s) | | | | |
|(iii) When built upon area is added to the riparian buffer, equal to or | |X | | |
|less than 10 feet wide with two foot wide shoulders. Shall be located | | | | |
|outside Zone 1 unless there is no practical alternative | | | | |
|(iv) When built upon area is added to the riparian buffer, greater than | | |X | |
|10 feet wide with two foot wide shoulders. Shall be located outside Zone | | | | |
|1 unless there is no practical alternative | | | | |
|(k) Historic preservation |X | | | |
|(l) New Landfills as defined by G.S. 130A-290 | | | |X |
|(m) Maintenance access of modified natural streams: a grassed travel way | |X | | |
|on one side of the waterbody when less impacting alternatives are not | | | | |
|practical. The width and specifications of the travel way shall be only | | | | |
|that needed for equipment access and operation. The travel way shall be | | | | |
|located to maximize stream shading | | | | |
|(n) Mining activities: | | | | |
|(i) Mining activities that are covered by the Mining Act provided that | |X | | |
|new riparian buffers that meet the requirements of Items (8) and (9) of | | | | |
|this Rule are established adjacent to any relocated channels | | | | |
|(ii) Mining activities that are not covered by the Mining Act OR where | | |X | |
|new riparian buffers that meet the requirements of Items (8) and (9) of | | | | |
|this Rule are not established | | | | |
|(iii) Wastewater or mining dewatering wells with approved NPDES permit |X | | | |
|(o) Pedestrian access trail and associated steps leading to a surface | | | | |
|water, dock, canoe or kayak access, fishing pier, boat ramp or other | | | | |
|water dependent structure: | | | | |
|(i) Equal to or less than six feet wide that does not result in the |X | | | |
|removal of tree(s) within the riparian buffer and does not result in the | | | | |
|addition of built upon area to the riparian buffer | | | | |
|(ii) Equal to or less than six feet wide that results in the removal of | |X | | |
|tree(s) or the addition of built upon area to the riparian buffer | | | | |
|(iii) Greater than six feet wide | | |X | |
|(p) Playground equipment: | | | | |
|(i) Playground equipment on single-family lots provided that installation|X | | | |
|and use does not result in removal of vegetation | | | | |
|(ii) Playground equipment on single-family lots where installation or use| |X | | |
|results in the removal of vegetation | | | | |
|(iii) Playground equipment installed on lands other than single-family | |X | | |
|lots | | | | |
|(q) Ponds created or modified by impounding streams subject to riparian | | | | |
|buffers pursuant to Item (3) of this Rule and not used as stormwater | | | | |
|control measures (SCMs): | | | | |
|(i) New ponds provided that a riparian buffer that meets the requirements| |X | | |
|of Items (8) & (9) of this Rule is established adjacent to the pond | | | | |
|(ii) New ponds where a riparian buffer that meets the requirements of | | |X | |
|Items (8) & (9) of this Rule is NOT established adjacent to the pond | | | | |
|(r) Protection of existing structures and facilities, when this requires | |X | | |
|additional disturbance of the riparian buffer | | | | |
|(s) Public Safety - publicly owned spaces where it has been determined by|X | | | |
|the head of the local law enforcement agency with jurisdiction over that | | | | |
|area that the buffers pose a risk to public safety. The head of the local| | | | |
|law enforcement agency shall notify the local government with land use | | | | |
|jurisdiction over the publicly owned space and the Division of Water | | | | |
|Resources of any such determination in writing | | | | |
|(t) Removal of previous fill or debris provided that Item (9) of this |X | | | |
|Rule is complied with and any vegetation removed is restored | | | | |
|(u) Residential Properties: Where application of this Rule would preclude| | | | |
|construction of a single-family residence and necessary infrastructure, | | | | |
|the single-family residence may encroach in the riparian buffer if all of| | | | |
|the following conditions are met: (1) the residence is set back the | | | | |
|maximum feasible distance from the top of the bank, rooted herbaceous | | | | |
|vegetation, normal high-water level, or normal water level, whichever is | | | | |
|applicable, on the existing lot; (2) the residence is designed to | | | | |
|minimize encroachment into the riparian buffer; (3) the residence | | | | |
|complies with Item (9) of this Rule; and if the residence will be served | | | | |
|by an on-site wastewater system, no part of the septic tank or drainfield| | | | |
|may encroach into the riparian buffer | | | | |
|(i) The residence or necessary infrastructure only impact Zone 2 | |X | | |
|(ii) The residence or necessary infrastructure impact Zone 1 | | |X | |
|(iii) Impacts other than the residence or necessary infrastructure | | |X | |
|(v) Restoration or enhancement (wetland, stream) as defined in 33 CFR | | | | |
|Part 332 available free of charge on the internet at: | | | | |
| | | | |
|cfm | | | | |
|(i) Wetland or stream restoration is part of a compensatory mitigation |X | | | |
|bank, nutrient offset bank or the In Lieu Fee program | | | | |
|(ii) Wetland or stream restoration other than those listed above | |X | | |
|(w) Road, driveway or railroad - perpendicular crossings of streams and | | | | |
|other surface waters subject to this Rule: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre but equal to or less than | |X | | |
|one-third of an acre of riparian buffer | | | | |
|(iii) Impact greater than one-third of an acre of riparian buffer | | |X | |
|(iv) Driveway crossings in a residential subdivision that cumulatively | |X | | |
|impact equal to or less than one-third of an acre of riparian buffer | | | | |
|(v) Driveway crossings in a residential subdivision that cumulatively | | |X | |
|impact greater than one-third of an acre of riparian buffer | | | | |
|(vi) Farm roads and forest roads that are exempt from permitting from the|X | | | |
|U.S. Army Corps of Engineers per Section 404(f) of the Federal Clean | | | | |
|Water Act | | | | |
|(x) Road, driveway or railroad - impacts other than perpendicular | | |X | |
|crossings of streams and other surface waters subject to this Rule | | | | |
|(y) Road relocation of existing private access roads associated with | | | | |
|public road projects where necessary for public safety: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer impact | |X | | |
|(ii) Greater than 2,500 square feet of riparian buffer impact | | |X | |
|(z) Scientific studies and stream gauging |X | | | |
|(aa) Slatted uncovered decks, including steps and support posts, which | | | | |
|are associated with a dwelling, provided that it meets the requirements | | | | |
|of Items (8) and (9) of this Rule and: | | | | |
|(i) Installation does not result in removal of vegetation in Zone 1 | |X | | |
|(ii) Installation results in removal of vegetation in Zone 1 | | |X | |
|(bb) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002: | | | | |
|(i) In Zone 2 if Item (9) of this Rule is complied with | |X | | |
|(ii) In Zone 1 | | |X | |
|(cc) Streambank or shoreline stabilization | |X | | |
|(dd) Temporary roads provided that the disturbed area is restored to | | | | |
|pre-construction topographic and hydrologic conditions and replanted with| | | | |
|comparable vegetation within two months of when construction is complete.| | | | |
|Tree planting may occur during the dormant season. At the end of five | | | | |
|years, any restored wooded riparian buffer shall comply with the | | | | |
|restoration criteria in Rule .0295(i) of this Subchapter: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer |X | | | |
|disturbance | | | | |
|(ii) Greater than 2,500 square feet of riparian buffer disturbance | |X | | |
|(iii) Associated with culvert installation or bridge construction or | |X | | |
|replacement | | | | |
|(ee) Temporary sediment and erosion control devices provided that the | | | | |
|disturbed area is restored to pre-construction topographic and hydrologic| | | | |
|conditions and replanted with comparable vegetation within two months of | | | | |
|when construction is complete. Tree planting may occur during the dormant| | | | |
|season. At the end of five years, any restored wooded riparian buffer | | | | |
|shall comply with the restoration criteria in Rule .0295(i) of this | | | | |
|Subchapter: | | | | |
|(i) In Zone 2 only provided that ground cover is established within the |X | | | |
|timeframes required by the Sedimentation and Erosion Control Act, the | | | | |
|vegetation in Zone 1 is not compromised and that discharge is in | | | | |
|accordance with Item (9) of this Rule | | | | |
|(ii) In Zones 1 and 2 to control impacts associated with uses identified | |X | | |
|in this Table or uses that have received an Authorization Certificate | | | | |
|with Exception provided that sediment and erosion control for upland | | | | |
|areas is addressed outside the riparian buffer | | | | |
|(iii) In-stream temporary erosion and sediment control measures for work |X | | | |
|within a stream channel that is authorized under Section 401 and 404 of | | | | |
|the Federal Clean Water Act | | | | |
|(ff) Utility Lines - Streambank stabilization for the protection of | | | | |
|publicly owned utility lines (not including new line installation): | | | | |
|(i) Less than 150 feet of streambank disturbance |X | | | |
|(ii) Greater than 150 feet of streambank disturbance | |X | | |
|(gg) Utility Lines – Sanitary Sewer Overflows: | | | | |
|(i) Emergency sanitary sewer overflow response activities, provided that |X | | | |
|the disturbed area within the riparian buffer outside of the existing | | | | |
|utility line maintenance corridor is the minimum necessary to respond to | | | | |
|the emergency overflow, is restored to pre-construction topographic and | | | | |
|hydrologic conditions, and is replanted with comparable vegetation (e.g. | | | | |
|grass with grass, hardwoods with hardwoods) within two months of when | | | | |
|disturbance is complete | | | | |
|(ii) Emergency sanitary sewer overflow response activities that do not | |X | | |
|meet the listing above. For any new proposed permanent impacts that are | | | | |
|not a "Deemed Allowable Activity", an application for an Authorization | | | | |
|Certificate shall be submitted to the Authority no later than 30 calendar| | | | |
|days of conclusion of the emergency response activities | | | | |
|(hh) Utility Lines – Utility - Sewer Lines – Vegetation maintenance | | | | |
|activities that remove forest vegetation from existing sewer utility | | | | |
|right of ways (not including new line installation) outside of the | | | | |
|existing utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without disturbance | | | | |
|to the soil structure for a maintenance corridor that is equal to or less| | | | |
|than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(ii) Utility - Sewer Lines –Replacement/Rehabilitation of existing sewer | | | | |
|lines within, or adjacent to, an existing right of way but outside of an | | | | |
|existing utility line maintenance corridor provided that comparable | | | | |
|vegetation (e.g. grass with grass, hardwoods with hardwoods) is allowed | | | | |
|to regenerate in disturbed riparian buffers outside of the permanent | | | | |
|maintenance corridor and riparian buffers outside of the permanent | | | | |
|maintenance corridor are not maintained: | | | | |
|(i) Permanent maintenance corridor equal to or less than 30 feet wide |X | | | |
|provided there is no grading and/or grubbing within 10 feet of the top of| | | | |
|bank when the sewer line is parallel to the stream | | | | |
|(ii) Grading and/or grubbing within 10 feet of the top of bank when the | |X | | |
|sewer line is parallel to the stream and permanent maintenance corridor | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Permanent maintenance corridor greater than 30 feet wide. For | | |X | |
|impacts other than perpendicular crossings, mitigation is only required | | | | |
|for Zone 1 impacts. For perpendicular crossings that disturb equal to or | | | | |
|less than 40 linear feet, no mitigation is required. For perpendicular | | | | |
|crossings that disturb greater than 40 linear feet, mitigation is only | | | | |
|required for Zone 1 impacts | | | | |
|(jj) Utility - Sewer Lines – New Line Construction/Installation | | | | |
|Activities – Perpendicular crossings of streams and other surface waters | | | | |
|subject to this Rule or perpendicular entry into the riparian buffer that| | | | |
|does not cross a stream or other surface water subject to this Rule | | | | |
|provided that vegetation is allowed to regenerate in disturbed areas | | | | |
|outside of the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 40 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and less | |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 40 linear feet wide and less | | |X | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet | | |X | |
|wide. For impacts other than perpendicular crossings, mitigation is only | | | | |
|required for Zone 1 impacts. For perpendicular crossings that disturb | | | | |
|equal to or less than 40 linear feet, no mitigation is required. For | | | | |
|perpendicular crossings that disturb greater than 40 linear feet, | | | | |
|mitigation is only required for Zone 1 impacts | | | | |
|(kk) Utility - Sewer Lines – New Line Construction/Installation | | | | |
|Activities – Impacts other than perpendicular crossings provided that | | | | |
|vegetation is allowed to regenerate in disturbed areas outside of the | | | | |
|permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(ll) Utility – Non-Sewer Underground Lines – Vegetation maintenance | | | | |
|activities that remove forest vegetation from existing utility right of | | | | |
|ways (not including new line installation) outside of the existing | | | | |
|utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without disturbance | | | | |
|to the soil structure for a maintenance corridor that is equal to or less| | | | |
|than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(mm)Utilities – Non-Sewer Underground Lines - Perpendicular crossings of | | | | |
|streams and other surface waters subject to this Rule or perpendicular | | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule provided that vegetation is allowed to| | | | |
|regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Construction corridor of less than or equal to 50 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 50 linear feet wide and less | |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet wide| | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet | | |X | |
|wide (mitigation is required only for Zone 1 impacts) | | | | |
|(nn) Utilities – Non-Sewer Underground Lines - Impacts other than | | | | |
|perpendicular crossings provided that vegetation is allowed to regenerate| | | | |
|in disturbed areas outside of the permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(oo) Utilities – Non-Sewer Aerial Lines - Perpendicular crossings of | | | | |
|streams and other surface waters subject to this Rule or perpendicular | | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule: | | | | |
|(i) Disturb equal to or less than 150 linear feet wide of riparian buffer|X | | | |
|provided that a minimum zone of 10 feet wide immediately adjacent to the | | | | |
|waterbody is managed such that only vegetation that poses a hazard or has| | | | |
|the potential to grow tall enough to interfere with the line is removed, | | | | |
|that no land grubbing or grading is conducted in Zone 1, and that poles | | | | |
|or aerial infrastructure are not installed within 10 feet of a waterbody | | | | |
|(ii) Disturb greater than 150 linear feet wide of riparian buffer | |X | | |
|(pp) Utilities – Non-Sewer Aerial Lines - Impacts other than | | | | |
|perpendicular crossings of streams and other surface waters subject to | | | | |
|this Rule or perpendicular entry into the riparian buffer that does not | | | | |
|cross a stream or other surface water subject to this Rule: | | | | |
|(i) Impacts in Zone 2 only | |X | | |
|(ii) Impacts in Zone 1 provided that a minimum zone of 10 feet wide | | |X | |
|immediately adjacent to the waterbody is managed such that only | | | | |
|vegetation that poses a hazard or has the potential to grow tall enough | | | | |
|to interfere with the line is removed, that no land grubbing or grading | | | | |
|is conducted in Zone 1, and that poles or aerial infrastructure are not | | | | |
|installed within 10 feet of a waterbody | | | | |
|(qq) Vegetation management: | | | | |
|(i) Emergency fire control measures provided that topography is restored |X | | | |
|(ii) Periodic mowing and harvesting of plant products only in Zone 2 |X | | | |
|(iii) Placement of mulch ring around restoration plantings for a period |X | | | |
|of five years from the date of planting | | | | |
|(iv) Planting non-invasive vegetation to enhance the riparian buffer |X | | | |
|(v) Pruning forest vegetation provided that the health and function of |X | | | |
|the forest vegetation is not compromised | | | | |
|(vi) Removal of individual trees, branches or limbs which are in danger |X | | | |
|of causing damage to dwellings, existing utility lines, other structures | | | | |
|or human life, or are imminently endangering stability of the streambank | | | | |
|provided that the stumps are left or ground in place without causing | | | | |
|additional land disturbance | | | | |
|(vii) Removal of individual trees that are dead, diseased or damaged |X | | | |
|(viii) Removal of poison ivy, oak or sumac. Removal can include |X | | | |
|application of pesticides within the riparian buffer if the pesticides | | | | |
|are certified by EPA for use in or near aquatic sites and are applied in | | | | |
|accordance with the manufacturer's instructions. If removal is | | | | |
|significant, then the riparian buffer shall be replanted with | | | | |
|non-invasive species | | | | |
|(ix) Removal of understory nuisance vegetation as defined in: Smith, |X | | | |
|Cherri L. 2008. Invasive Plants of North Carolina. Dept. of | | | | |
|Transportation. Raleigh, NC (available at | | | | |
| | | | |
|2dc-bb27-45a78d1c7ebe&groupId=38364 ). Removal can include application of| | | | |
|pesticides within the riparian buffer is the pesticides are certified by | | | | |
|EPA for use in or near aquatic sites and are applied in accordance with | | | | |
|the manufacturer's instructions. If removal is significant, then the | | | | |
|riparian buffer shall be replanted with non-invasive species | | | | |
|(x) Removal of woody vegetation in Zone 1 provided that Item (9) of this | | |X | |
|Rule is complied with | | | | |
|(rr) Vehicle access roads and boat ramps (excluding parking areas) | | | | |
|leading to surface water, docks, fishing piers, and other water dependent| | | | |
|activities: | | | | |
|(i) Single vehicular access road and boat ramp to the surface water but | |X | | |
|not crossing the surface water that are restricted to the minimum width | | | | |
|practical not to exceed 15 feet wide | | | | |
|(ii) Vehicular access roads and boat ramps to the surface water but not | | |X | |
|crossing the surface water that are restricted to the minimum width | | | | |
|practicable and exceed 15 feet wide | | | | |
|(ss) Water dependent structures (except for boat ramps) as defined in | |X | | |
|Rule .0202 of this Subchapter | | | | |
|(tt) Water supply reservoirs: | | | | |
|(i) New reservoirs provided that a riparian buffer that meets the | |X | | |
|requirements of Items (8) and (9) of this Rule is established adjacent to| | | | |
|the reservoir | | | | |
|(ii) New reservoirs where a riparian buffer that meets the requirements | | |X | |
|of Items (8) and (9) of this Rule is not established adjacent to the | | | | |
|reservoir | | | | |
|(uu) Water wells |X | | | |
|(vv) Wildlife passage structures | |X | | |
(12) MITIGATION. Persons who wish to undertake uses designated as allowable upon authorization with mitigation as defined in Sub-Item (10)(a)(iii) of this Rule or allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule shall meet the following requirements in order to proceed with their proposed use.
(a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Subchapter; and
(b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
(13) RULE IMPLEMENTATION. This Rule shall be implemented as follows:
(a) Local governments with land use authority within the Randleman Lake water supply watershed shall establish and maintain riparian buffer protection programs to meet or exceed the minimum requirements of this Rule and shall comply with all requirements set forth in G.S. 143-214.23A.
(i) Local governments shall adopt and enforce this Rule through local ordinances.
(ii) Local governments shall appoint a Riparian Buffer Protection Administrator(s) who shall coordinate the implementation and enforcement of the program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations pursuant to G.S. 143-214.25A. The Administrator(s) shall ensure that local government staff working directly with the program receive training to understand, implement and enforce the program and are certified to make on-site determinations pursuant to G.S. 143-214.25A. At any time that a local government does not have a certified individual retained on staff to make on-site determinations pursuant to G.S. 143-214.25A, they shall immediately notify the Division and indicate a proposed schedule to secure a certified staff member. The local government shall coordinate with the Division to provide on-site determinations until a new certified staff member is secured by the local government.
(b) Local governments shall apply the requirements of this Rule throughout their jurisdictions within the Randleman Lake watershed except where the Division shall exercise jurisdiction. The Division shall have jurisdiction to the exclusion of local governments to administer the requirements of this Rule for the following types of activities:
(i) Activities conducted under authority of the State;
(ii) Activities conducted under the authority of the United States;
(iii) Activities conducted under the authority of multiple jurisdictions;
(iv) Activities conducted under the authority of local units of government;
(v) Forest harvesting activities described in Rule .0612 of this Subchapter; and
(vi) Agricultural activities.
(c) The Division shall regularly audit local programs to ensure that local programs are being implemented and enforced in keeping with the requirements of this Rule and Rule .0611 of this Subchapter. The audit shall consist of a review of all local government activities with regards to implementation of this Rule and Rule .0611 of this Subchapter.
(d) Local governments shall maintain on-site records for a minimum of five years, and shall furnish a copy of these records to the Division within 30 calendar days of receipt of a written request for them. Local programs' records shall include the following:
(i) A copy of all Authorization Certificates with Exception requests;
(ii) Findings on all Authorization Certificates with Exception requests;
(iii) The results of all Authorization Certificates with Exception proceedings;
(iv) A record of complaints and action taken as a result of complaints;
(v) Records for on-site determinations as described in Item (4) of this Rule; and
(vi) Copies of all requests for authorization, records approving authorization and Authorization Certificates.
(e) If a local government fails to adopt or adequately implement its program as specified in this Rule, the Division may take appropriate enforcement action as authorized by statute and may choose to assume responsibility for implementing that program until such time as it determines that the local government is prepared to comply with its responsibilities.
(f) The Commission may delegate its duties and powers for granting and rescinding local government delegation of the Randleman Lake riparian buffer protection requirements, in whole or in part, to the Director.
(14) WATER SUPPLY REQUIREMENTS. The existing water supply requirement in Rule .0624(12) of this Subchapter that stipulates a 100 foot vegetated buffer, adjacent to perennial streams, for all new development activities which utilize the high density option, applies to the entire Randleman Lake watershed. The first 50 feet of these riparian areas on either side of these waters shall also be protected in accordance with all the requirements of this Rule. Local governments subject to this Rule may choose to implement more stringent requirements, including requiring additional buffer width.
(15) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all other federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1);
Eff. April 1, 1999;
Amended Eff. June 1, 2010;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0250).
15A NCAC 02B .0725-.0729 RESERVED FOR FUTURE CODIFICATION
15A NCAC 02B .0730 Tar-Pamlico Nutrient Strategy: Purpose & Scope
PURPOSE. The purpose of this Rule and Rules 15A NCAC 02B .0731 through .0736 of this Section is to attain the designated uses of the Pamlico River estuary with respect to meeting nutrient-related water quality standards pursuant to the Environmental Management Commission's authority under the Clean Water Responsibility and Environmentally Sound Policy Act, S.L. 1997-458. The estuary and waters of the Tar-Pamlico River Basin are classified as Nutrient Sensitive Waters (NSW) pursuant to Rule 15A NCAC 02B .0223 of this Subchapter. The rules enumerated in Item (3) of this Rule together constitute the Tar-Pamlico nutrient strategy, and shall be implemented in accordance with Rule .0223 of the Subchapter.
(1) SCOPE AND LIMITATION. The Tar-Pamlico nutrient strategy rules require controls to reduce nitrogen and phosphorus loads from significant sources of these nutrients throughout the Tar-Pamlico Basin. These Rules do not address sources for which there is insufficient scientific knowledge to base regulation.
(2) GOALS. To achieve the purpose of the Tar-Pamlico nutrient strategy, the Commission established in the initial Tar-Pamlico nutrient rules, enacted in 2000 and 2001, goals of reducing the average annual load of nitrogen delivered to the Pamlico River Estuary from nutrient sources to a level 30 percent below a 1991 baseline, and thereafter maintaining it at or below that level, and of reducing average annual phosphorus load to 1991 baseline level and thereafter maintaining it at or below that level. This Tar-Pamlico nutrient strategy continues these goals.
(3) RULES ENUMERATED. The rules of the Tar-Pamlico nutrient strategy are titled as follows:
(a) Rule .0730 Purpose and Scope;
(b) Rule .0731 Stormwater Management for New Development;
(c) Rule .0732 Agriculture;
(d) Rule .0733 Non-Association Dischargers;
(e) Rule .0259 Riparian Buffer Protection; and
(f) Rule .0261 Buffer Program Delegation.
(4) ADAPTIVE MANAGEMENT. The Division shall evaluate the basin's nutrient dynamics to inform and guide adaptive management. This evaluation shall utilize all sources of available information, including stakeholder input, and shall consider drivers, character, and shifts in the impairment with time, trends, and character of loading delivered to the estuary, and distribution and character of loading inputs to the basin and changes to those inputs over time. The evaluation shall address the extent to which the reduction goals identified in Item (2) of this Rule have been achieved and shall provide recommendations on management needs. The Division shall complete the evaluation within three years of the effective date of this Rule and shall distribute the findings upon completion. The Division shall also report biannually to the Water Quality Committee of the Commission on implementation progress and reductions achieved by sources subject to the Tar-Pamlico nutrient strategy.
(5) GEOGRAPHIC APPLICABILITY. The Tar-Pamlico nutrient strategy shall apply in all areas draining to waters within hydrologic units 03020101, 03020102, 03020103, 03020104, and portions of 03020105 located on the Albemarle-Pamlico peninsula unless individual Tar-Pamlico strategy rules describe other boundaries.
(6) PENALTIES. Failure to meet the requirements of the Tar-Pamlico nutrient strategy rules may result in imposition of enforcement measures as authorized by G.S. 143-215.6A, G.S. 143-215.6B, and G.S. 143-215.6C.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.8B; 143B-282;
Eff. April 1, 2020.
15A ncac 02b .0731 TAR-PAMLICO NUTRIENT STRATEGY: STORMWATER
(a) PURPOSE. The purpose of this Rule is to achieve and maintain the nitrogen and phosphorus loading reduction goals for the Tar-Pamlico River Estuary set out in Rule .0730 of this Section from an undeveloped condition on lands in the Tar-Pamlico River Basin on which development occurs. Nothing in this Rule preempts local governments from implementing requirements that are more restrictive than those set forth in this Rule.
(b) APPLICABILITY. The following local governments shall implement the stormwater management requirements of this Rule, except as noted in Subparagraph (c)(1) of this Rule where the Department shall implement them. Municipalities shall implement this Rule throughout their corporate limits and extraterritorial jurisdictions within the basin, while counties shall implement throughout their territorial jurisdictions within the basin. Counties named in this Paragraph may implement this Rule within municipalities not named in accordance with G.S. 160A-360(d).
(1) Local governments designated under this Rule effective April 2001:
(A) Greenville;
(B) Henderson;
(C) Oxford;
(D) Rocky Mount;
(E) Tarboro;
(F) Washington;
(G) Beaufort County;
(H) Edgecombe County;
(I) Franklin County;
(J) Nash County; and
(K) Pitt County.
(2) As of the effective date of this readoption, Wilson County.
(c) LOCAL PROGRAM IMPLEMENTATION REQUIREMENTS. All local governments subject to this Rule shall implement stormwater management programs approved by the Commission following the timeframes set out in Paragraph (f) of this Rule, or any subsequent modification to those plans approved by the Director, according to the following requirements and the standards contained in Paragraph (d) of this Rule:
(1) The requirement for local government approval of a stormwater plan for all proposed development projects not excluded under Paragraph (d) of this Rule. To the extent permitted by federal law, including 33 USC 26, and where pursuant to G.S. 153A-454 and G.S. 160A-459 a local government program does not review a development project proposed by a State or federal entity for the requirements of this Rule, the entity shall obtain Department review and approval.
(2) A plan to ensure maintenance of SCMs implemented to comply with this Rule for the life of the development;
(3) A plan to ensure enforcement and compliance with the provisions in Paragraph (e) of this Rule for the life of the development;
(4) A public education program to inform citizens how to reduce nutrient pollution and to inform developers about the nutrient requirements set forth in Paragraph (e) of this Rule;
(5) A mapping program that includes major components of the municipal separate storm sewer system, waters of the State, land use types, and location of sanitary sewers; and
(6) A program to identify and remove illegal discharges.
(d) DEVELOPMENT EXCLUDED. The following development activities shall not be subject to this Rule:
(1) Projects disturbing less than:
(A) one acre for single family and duplex residential property and recreational facilities; and
(B) one-half acre for commercial, industrial, institutional, multifamily residential, or local government land uses with the following exception: Projects below one-half acre that would replace or expand existing structures on a parcel, resulting in a cumulative built-upon area for the parcel exceeding twenty-four percent, shall be subject to Paragraph (e) of this Rule;
(2) Development of an individual single-family or duplex residential lot that:
(A) Is not part of a larger common plan of development or sale as in 15A NCAC 02H .1002; and
(B) Does not result in greater than five percent built upon area on the lot;
(3) Existing development as defined in rule 15A NCAC 02H .1002;
(4) Redevelopment as defined in G.S. 143-214.7(a1)(2); and
(5) Activities subject to requirements of the Tar-Pamlico Agriculture rule, 15A NCAC 02B .0732.
(e) DEVELOPMENT PROJECT REQUIREMENTS. A proposed development project not excluded under Paragraph (d) of this Rule shall be approved by a subject local government for the purpose of this Rule when the applicable requirements of Paragraph (c) of this Rule and the following criteria are met:
(1) The project, as defined in 15A NCAC 02H .1002, shall meet either a nitrogen loading rate target of 4.0 pounds/acre/year and a phosphorus loading rate target of 0.8 pounds/acre/year, or "runoff volume match" as defined in that Rule. Proposed development projects that would replace or expand existing structures and result in a net increase in built-upon area shall meet one of these options for the project less any existing built-upon area.
(2) Regarding stormwater treatment and other onsite post-construction elements, projects not subject to more stringent standards under one of the following State stormwater rules or a local ordinance shall meet 15A NCAC 02H .1003, which includes specifications for low- and high-density designs, vegetated setbacks, and stormwater outlets for all projects. Such projects shall use a high-density treatment threshold of 24 percent or greater built-upon area and a storm depth of one inch for SCM design:
(A) Water Supply Watershed Protection rules, 15A NCAC 02B .0620 through .0624;
(B) Coastal Counties stormwater rule 15A NCAC 02H .1019; or
(C) Non-Coastal County HWQs and ORWs rule 15A NCAC 02H .1021.
(3) The following are exceptions to the onsite requirements of Subparagraph (2) of this Paragraph:
(A) Proposed development projects may utilize an offsite SCM that is dedicated to treating an area encompassing the project, provided the SCM is designed to meet all applicable requirements identified in Subparagraph (2) of this Paragraph; and
(B) Proposed development undertaken by a local government solely as a public road expansion or public sidewalk project, or proposed development subject to the jurisdiction of the Surface Transportation Board, may meet the loading rate target of this Paragraph entirely through use of permanent nutrient offset credit pursuant to Rule .0703 of this Section.
(4) Where in satisfying the onsite requirements of Subparagraph (2) of this Paragraph, a project does not meet the loading rate target of this Paragraph, it may do so through use of permanent nutrient offset credit pursuant to Rule .0703 of this Section. Persons doing so shall provide proof of credit acquisition to the permitting authority prior to approval of the development plan.
(5) Untreated nutrient loading rates from the project area shall be determined through the use of the tool most recently approved by the Division to have met the following criteria, or through an alternative method that meets or exceeds the following criteria, as determined by the Division:
(A) Provides site-scale estimates of annual precipitation-driven total nitrogen and total phosphorus load;
(B) From all land cover types on a project site at build-out;
(C) Based on land-cover-specific nitrogen and phosphorus loading coefficients and annual runoff volume; and
(D) Is supported by the weight of evidence from available, current, and applicable research.
(6) Nutrient loading rate reductions resulting from the use of SCMs shall be determined through the use of the tool most recently approved by the Division to have met the following criteria, or through an alternative method that meets or exceeds the following criteria, as determined by the Division:
(A) Provides project site loading reduction estimates from the installation of DEMLR-approved SCMs;
(B) Reductions apply to the portion of the project's runoff volume that is directed to the SCMs;
(C) The method partitions the runoff volume processed by the SCM among hydrologic fates and assigns nutrient concentrations to each of those fates; and
(D) The method is supported by the weight of evidence from available, current, and applicable research.
(7) Proposed development projects shall demonstrate compliance with the riparian buffer protection requirements set forth in 15A NCAC 02B .0259.
(f) RULE IMPLEMENTATION
(1) Within eight months of the effective date of this Rule, the Division shall submit a model local stormwater program embodying the elements in Paragraphs (c) through (e) of this Rule to the Commission for approval. The Division shall work with subject local governments in developing this model program.
(2) Local governments designated pursuant to Subparagraph (b)(1) of this Rule and additional local governments designated pursuant to Subparagraph (b)(2) of this Rule shall submit a local stormwater program for approval by the Commission within six months and 12 months, respectively, of the Commission's approval of the model local program. These local programs shall meet or exceed the requirements in Paragraphs (c) through (e) of this Rule.
(3) The Division shall provide recommendations to the Commission regarding proposed local programs. The Commission shall approve programs or require changes based on the standards set out in Paragraphs (c) through (e) of this Rule. Should the Commission require changes, the applicable local government shall have three months to submit revisions, and the Division shall provide follow-up recommendations to the Commission within two months after receiving revisions.
(4) Within six months after the Commission's approval of a local program, the local government shall complete adoption of and implement its local stormwater program.
(5) Local governments administering a stormwater program shall submit annual reports in electronic format to the Division documenting their progress regarding each implementation requirement in Paragraph (c) of this Rule and net changes to nitrogen load by October 30th of each year. Annual reports shall also include as appendices all data utilized by nutrient calculation tools for each development stormwater plan approved in accordance with this Rule.
(6) Any significant modifications to a local government's program shall be submitted to the Director for approval.
(g) COMPLIANCE. A local government's authority to approve development stormwater plans for compliance with this Rule pursuant to Paragraph (e) of this Rule shall be contingent upon maintaining its own compliance with this Rule. A local government that fails to submit an acceptable local stormwater program within the timeframe established in this Rule, fails to implement an approved program, or fails to comply with annual reporting requirements shall be in violation of this Rule.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-214.26; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B -282(d); 143-215.8B; S.L. 1997-458; S.L. 2006-246;
Eff. April 1, 2001;
Recodified from 15A NCAC 02B .0258 Eff. April 1, 2020;
Readopted April 1, 2020.
15A NCAC 02B .0732 TAR-PAMLICO NUTRIENT STRATEGY: AGRICULTURE
(a) PURPOSE. The purpose of this Rule is to maintain or exceed the percentage reduction goals defined in Rule .0730 of this Section for the collective agricultural loading of nitrogen and phosphorus from the 1991 baseline levels, to the extent that best available accounting practices will allow, on agricultural operations as defined in Paragraph (b) of this Rule. This Rule requires persons engaging in agricultural operations in the basin to implement land management practices that will collectively, on a basin basis, achieve and maintain strategy nutrient reduction goals of a 30 percent reduction in nitrogen loading from 1991 levels and no increase in phosphorus loading from 1991 levels. Local committees and a Basin Oversight Committee shall coordinate activities and account for progress.
(1) PROCESS. This Rule requires agricultural producers in the basin to implement land management practices that collectively, on a basin-wide basis, will achieve the nutrient goals.
(2) LIMITATION. This Rule may not fully address the agricultural nitrogen reduction goal of the Tar-Pamlico Nutrient Sensitive Waters Strategy in that it does not address atmospheric sources of nitrogen to the Basin, including atmospheric emissions of ammonia from sources located both within and outside of the Basin, and the Commission may undertake separate rule making to address atmospheric sources at a later date.
(b) APPLICABILITY. This Rule shall apply to all agricultural producers engaging in agricultural operations in the geographic area subject to the Tar-Pamlico nutrient strategy as described in Rule .0730 of this Section. This Rule applies to livestock and poultry operations set forth in Subparagraph (b)(3) of this Rule in addition to requirements for animal operations set forth in general permits issued pursuant to G.S. 143-215.10C. Nothing in this Rule shall be deemed to allow the violation of any assigned surface water, groundwater, or air quality standard by any agricultural operation, including any livestock or poultry operation below the size thresholds in this Paragraph. For the purposes of this Rule, "agricultural operations," are activities, and "agricultural producers" are persons engaging in those activities, that relate to any of the following pursuits:
(1) The commercial production of crops or horticultural products other than trees. As used in this Rule, "commercial" shall mean activities conducted primarily for financial profit.
(2) Research activities in support of commercial production.
(3) The production or management of any of the following number of livestock or poultry at any time, excluding nursing young:
(A) 20 or more horses;
(B) 20 or more cattle;
(C) 150 or more swine;
(D) 120 or more sheep;
(E) 130 or more goats;
(F) 650 or more turkeys;
(G) 3,500 or more chickens; or
(H) Any single species of any other livestock or poultry, or any combination of species of livestock or poultry that exceeds 20,000 pounds of live weight at any time.
(4) Certain tree-harvesting activities described and defined as follows.
(A) The one-time harvest of trees on land within a riparian buffer described in Rule .0259 that was open farmland on September 1, 2001. This one-time harvest of trees may be conducted within one tree cropping interval only under a verifiable farm plan that received final approval from a local agricultural agency on or after September 1, 2001 and that expressly allowed the harvest of trees no earlier than 10 years after the trees are established and the return of the land to another agricultural pursuit.
(B) The one-time harvest of trees on land within a riparian buffer described in 15A NCAC 02B .0259 that had trees established under an agricultural incentive program as of September 1, 2001.
(C) All tree harvesting described in Parts (A) and (B) of this Subparagraph shall comply with 02 NCAC 60C. The nutrient removal functions that were provided by trees prior to their harvest shall be replaced by other measures that are implemented by the owner of the land from which the trees are harvested.
(D) The following definitions shall apply to terms used in Parts (A) and (B) of this Subparagraph:
(i) "Agricultural incentive program" means any of the following programs and any predecessor program to any of the following programs:
(I) Agriculture Cost Share Program for Nonpoint Source Pollution Control established by G.S. 106-850.
(II) Conservation Reserve Enhancement Program established by 7 C.F.R. Part 1410 (January 1, 2001 Edition) and 15A NCAC 06G .0101 through 15A NCAC 06G .0106.
(III) Conservation Reserve Program established by 7 C.F.R. Part 1410 (January 1, 2001 Edition).
(IV) Environmental Quality Incentives Program established by 7 C.F.R. Part 1466 (January 1, 2001 Edition).
(V) Wetlands Reserve Program established by 7 C.F.R. Part 1467 (January 1, 2001 Edition).
(VI) Wildlife Habitat Incentives Program established by 7 C.F.R. Part 636 (January 1, 2001 Edition).
(VII) The CFRs in this Subparagraph are incorporated by reference, including subsequent amendments and editions, and may be accessed free of charge at .
(ii) "Local agricultural agency" means the North Carolina Cooperative Extension Service, the Farm Services Agency of the United States Department of Agriculture, the Natural Resources Conservation Service of the United States Department of Agriculture, a Soil and Water Conservation District created pursuant to G.S. 139-5, or their successor agencies.
(iii) "Open farmland" means the footprint of land used for pasture or for crops or horticultural products other than trees. Open farmland may contain scattered trees if an open canopy existed on September 1, 2001 as determined from the most recent aerial photographs taken prior to September 1, 2001 for the Farm Services Agency of the United States Department of Agriculture.
(iv) "Tree" means a woody plant with a diameter equal to or greater than five inches when measured at a height of four and one-half feet above the ground.
(v) "Tree cropping interval" means the time required to establish and grow trees that are suitable for harvesting. The tree-cropping interval shall be set out in the farm plan and shall be no less than 10 years after the trees are established.
(c) IMPLEMENTATION PROCESS. A Basin Oversight Committee, as set forth in Paragraph (d) of this Rule, and county-level Local Advisory Committees, as set forth in Paragraph (e) of this Rule, shall coordinate activities and account for progress. Accounting for nutrient-reducing actions on agricultural operations within the basin shall follow requirements set forth in Subparagraph (d)(3) of this Rule. Agricultural producers may be eligible to obtain cost share and technical assistance from the NC Agriculture Cost Share Program and similar federal programs to contribute to their counties' ongoing nutrient reductions. Committee activity shall be guided by the following:
(1) OPTIONS FOR INDIVIDUAL OPERATIONS. Agricultural producers subject to this Rule may elect to implement practices meeting the standards identified in Paragraph (f) of this Rule that contribute to maintenance of collective local compliance with the goal identified in Paragraph (a) of this Rule, but are not required to implement any specific practices provided their basin collectively maintains compliance with the goal.
(2) MAINTENANCE OF GOAL. Accounting shall annually demonstrate maintenance or exceedence of the nitrogen reduction goal for the basin. Where three sequential annual reports show that the basin did not meet its nitrogen and phosphorus reduction goals, the Basin Oversight Committee shall work with the Division of Soil and Water Conservation and Local Advisory Committees, particularly those representing counties not meeting the goals, to seek reduction actions by operations to bring agriculture collectively back into compliance, and shall report on their efforts in subsequent annual reports. Should subsequent annual reports not reverse the trend of non-compliance, the Commission may conduct additional rulemaking to require a more specific implementation plan from the Basin Oversight Committee, which may include an assessment of need for specific action by the Commission.
(d) BASIN OVERSIGHT COMMITTEE. The Basin Oversight Committee shall have the following membership, role, and responsibilities:
(1) MEMBERSHIP. The Director of the Division of Water Resources shall be responsible for maintaining the following membership composition. Until such time as the Commission determines that long-term compliance with this Rule is assured, the Director shall solicit one nomination for membership on this Committee from each agency or interest in Parts (A) through (J) of this Subparagraph. The Director shall confirm nominees in writing or request alternative nominations. The Director may appoint a replacement at any time for an interest in Parts (F) through (J) of this Subparagraph upon request of representatives of that interest or by the request of the Commissioner of Agriculture for Part (G):
(A) Division of Soil and Water Conservation;
(B) United States Department of Agriculture-Natural Resources Conservation Service (shall serve in an "ex-officio" non-voting capacity and shall function as a technical program advisor to the Committee);
(C) North Carolina Department of Agriculture and Consumer Services;
(D) North Carolina Cooperative Extension Service;
(E) Division of Water Resources;
(F) Up to two environmental interests;
(G) Basinwide farming interests;
(H) Pasture-based livestock interests;
(I) General farming interests; and
(J) The scientific community with experience related to water quality problems in the Tar-Pamlico River Basin.
(2) ROLE. The Basin Oversight Committee shall:
(A) Continue to review, approve, and summarize local nitrogen and phosphorus reduction annual reports to ensure ongoing implementation of the accounting methods approved by the Commission under the original version of this Rule in October 2002 for nitrogen and November 2005 for phosphorus as conforming to the requirements of Subparagraph (3) of this Paragraph. The Committee shall present these reports as initiated in 2002, to the Director;
(B) Take actions set forth in Subparagraph (c)(2) of this Rule to address maintenance of the nitrogen and phosphorus reductions goals;
(C) Identify and implement future refinements to the accounting methodology to reflect advances in scientific understanding, including establishment of nutrient reduction efficiencies for BMPS;
(D) Reassemble as needed a phosphorus technical advisory committee to update the qualitative phosphorus method approved by the Commission in October 2005, titled Accounting Method for Tracking Relative Changes in Agricultural Phosphorus Loading to the Tar-Pamlico River, in order to revise phosphorus baseline values and annual changes in factors affecting agricultural phosphorus loss.
(3) ACCOUNTING METHODOLOGY. The requirements of Paragraph (a) of this Rule shall be gauged by estimating percentage changes in nitrogen loss from agricultural operations in the Tar-Pamlico Basin and by evaluating broader trends in indicators of phosphorus loss from agricultural lands in the Tar-Pamlico Basin. The Basin Oversight Committee shall develop, maintain, and update as set forth in this Paragraph, accounting methods that meet the following requirements:
(A) The nitrogen method shall estimate baseline and annual total nitrogen losses from agricultural operations in each county and for the entire Tar-Pamlico Basin;
(B) The nitrogen and phosphorus methods shall include a means of tracking implementation of BMPs, including number, type, and area affected;
(C) The nitrogen method shall include a means of estimating incremental nitrogen loss reductions from implementation of BMPs that conform to requirements of Paragraph (f) of this Rule and of evaluating progress toward and maintenance of the nutrient goals from changes in BMP implementation, fertilization, and changes in individual crop acres;
(D) The nitrogen and phosphorus methods shall be refined as research and technical advances allow; and
(E) The phosphorus method shall quantify baseline values for and annual changes in factors affecting agricultural phosphorus loss as identified in the report by the phosphorus technical advisory committee described in Part (d)(2)(D).
(e) LOCAL ADVISORY COMMITTEES. The Local Advisory Committees shall have the following membership, roles, and responsibilities:
(1) MEMBERSHIP. Per S.L. 2001-355, a Local Advisory Committee shall be maintained as provided in this Paragraph in each county or watershed as specified by the Basin Oversight Committee, within the Tar-Pamlico River Basin. The Committee shall terminate upon a finding by the Commission that the long-term maintenance of nutrient loads in the Tar-Pamlico River Basin is assured. Each Local Advisory Committee shall consist of:
(A) One representative of the local Soil and Water Conservation District;
(B) One local representative of the United States Department of Agriculture- Natural Resources Conservation Service;
(C) One local representative of the North Carolina Department of Agriculture and Consumer Services;
(D) One local representative of the North Carolina Cooperative Extension Service;
(E) One local representative of the North Carolina Division of Soil and Water Conservation; and
(F) At least two agricultural producers that reside in the county.
(2) APPOINTMENT OF MEMBERS. Per S.L. 2001-355, the Director of the Division of Water Resources and the Director of the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services shall jointly appoint members described in Parts (1)(A), (1)(B), (1)(D), and (1)(E) of this Subparagraph. As directed by S.L. 2001-355, the Commissioner of Agriculture shall appoint the members described in Part (1)(F) of this Subparagraph from persons nominated by nongovernmental organizations whose members produce or manage significant agricultural commodities in each county or watershed.
(3) ROLE. The Local Advisory Committees shall:
(A) Continue to submit annual reports to the Basin Oversight Committee estimating total crop production on agricultural operations for the preceding calendar year, summarizing land use changes in the county, and making recommendations to the Basin Oversight Committee on the need for updates to the accounting methodology. Reports shall include documentation on the BMPs implemented, including type and location, that satisfy the requirements in Paragraph (f) of this Rule and documentation of any expired contracts for BMPs; and
(B) Take actions called for under Subparagraph (c)(2) of this Rule as needed to address maintenance of the nitrogen and phosphorus reduction goals.
(f) PRACTICE STANDARDS. To receive nutrient reduction credit, a BMP shall be included in the accounting method set forth in Subparagraph (d)(3) of this Rule, or in a subsequent revision to that method identified in annual reporting, and it shall be implemented according to applicable nutrient-related standards identified by the Basin Oversight Committee and established by the NC Soil and Water Conservation Commission or the USDA-Natural Resources Conservation Service in North Carolina.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. September 1, 2001;
Temporary Amendment Eff. January 1, 2002 (exempt from 270 day requirement-S.L. 2001-355);
Recodified from 15A NCAC 02B .0256 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0733 TAR-PAMLICO Nutrient Strategy: New and expanding wastewAter discharger requirements
The following is the management strategy for new and expanding wastewater dischargers in the Tar-Pamlico River basin:
(1) Purpose. The purpose of this Rule is to establish minimum nutrient control requirements for new and expanding point source discharges in the Tar-Pamlico River Basin in order to maintain or restore water quality in the Pamlico Estuary and protect its designated uses.
(2) Applicability. This Rule applies to all discharges from wastewater treatment facilities in the Tar-Pamlico River Basin that receive nitrogen- or phosphorus-bearing wastewater and are required to obtain individual NPDES permits. This Rule applies to Tar-Pamlico Basin Association member facilities on or after June 1, 2025. This Rule applies to other facilities upon this Rule's effective date.
(3) Definitions. The terms used in this Rule, in regard to point source dischargers, treatment facilities, wastewater flows or discharges, or like matters, shall be as defined in Rule .0701 of this Section and as follows:
(a) "Existing" means that which obtained an NPDES permit on or before December 8, 1994.
(b) "Expanding" means that which increases beyond its permitted flow as defined in Item (4) of this Rule.
(c) "New" means that which had not obtained an NPDES permit on or before December 8, 1994.
(4) "Permitted flow" means the maximum monthly average flow authorized in a facility's NPDES permit as of December 8, 1994.
(5) This Item specifies nutrient controls for new facilities.
(a) Proposed new wastewater dischargers shall evaluate all practical alternatives to surface water discharge pursuant to 15A NCAC 02H .0105(c)(2) prior to submitting an application to discharge.
(b) The technology-based nitrogen and phosphorus discharge limits for a new facility shall not exceed:
(i) For facilities treating municipal or domestic wastewater, the mass load equivalent to a concentration of 3.5 mg/L TN and 0.5 mg/L TP at the monthly average flow limit in the facility's NPDES permit; and
(ii) For facilities treating industrial wastewater, the mass load equivalent to the best available technology economically achievable, calculated at the monthly average flow limit in the facility's NPDES permit.
(c) Proposed new dischargers submitting an application shall acquire nutrient allocation from existing dischargers or nutrient offset credits pursuant to Rule .0703 of this Section for the mass load dictated by this Item. The allocation and offset credits shall be sufficient for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(d) The Director shall not issue a permit authorizing discharge from a new facility unless the applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of this Item. If a facility's permit contains tiered flow limits for expansion, the Director shall not authorize an increased discharge unless the applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of this Item.
(e) Subsequent applications for permit renewal shall demonstrate that the facility has sufficient nitrogen allocation or offset credits to meet its effluent nutrient limitations for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(f) The Director shall establish more stringent limits for nitrogen or phosphorus upon finding that such limits are necessary to protect water quality standards in localized areas.
(6) This Item specifies nutrient controls for expanding facilities.
(a) Expanding facilities shall evaluate all practical alternatives to surface water discharge pursuant to 15A NCAC 02H .0105(c)(2) prior to submitting an application to discharge.
(b) The nitrogen and phosphorus discharge limits for an expanding facility shall not exceed the greater of loads equivalent to its active allocation and offset credit, or the following technology-based mass limits:
(i) For facilities treating municipal or domestic wastewater, the mass equivalent to a concentration of 3.5 mg/L TN and 0.5 mg/L TP at the monthly average flow limit in the NPDES permit; and
(ii) For facilities treating industrial wastewater, the mass load equivalent to the best available technology economically achievable, calculated at the monthly average flow limit in the facility's NPDES permit.
(c) Facilities submitting application for increased discharge or, where an existing permit contains tiered flow limits, for authorization to discharge at an increased flow, shall acquire or demonstrate contractual agreement to acquire, prior to authorization to discharge at the increased flow, nutrient allocation from existing dischargers or nutrient offset credits pursuant to Rule .0703 of this Section for the proposed discharge above 0.5 million gallons per day (MGD). The allocation and offset credits shall be sufficient to meet its effluent nutrient limitations for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(d) The Director shall not issue a permit authorizing increased discharge from an existing facility unless the applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of this Item. If a facility's permit contains tiered flow limits for expansion, the Director shall not authorize discharge at an increased flow unless the applicant has satisfied the requirements of Sub-Items (a), (c), and (e) of this Item.
(e) Subsequent applications for permit renewal shall demonstrate that the facility has sufficient nitrogen allocation or offset credits to meet its effluent nutrient limitations for any partial calendar year in which the permit becomes effective plus 10 subsequent years of discharge at the proposed design flow rate in accordance with 15A NCAC 02H .0112(c).
(f) The Director shall modify an expanding facility's permit to establish more stringent limits for nitrogen or phosphorus upon finding that such limits are necessary to protect water quality standards in localized areas.
(g) Existing wastewater dischargers expanding to greater than 0.5 MGD design capacity may petition the Director for an exemption from Sub-Items (a) through (c) and (e) of this Item upon meeting and maintaining all of the following conditions:
(i) The facility has reduced its annual average TN and TP loading by 30 percent from its annual average 1991 TN and TP loading. Industrial facilities may alternatively demonstrate that nitrogen and phosphorus are not part of the waste stream above background levels.
(ii) The expansion does not result in annual average TN or TP loading greater than 70 percent of the 1991 annual average TN or TP load. Permit limits shall be established to ensure that the 70 percent load is not exceeded.
History Note: Authority G.S. 143-214.1; 143-215.1; 143-215.3(a)(1); 143-215.8B; 143B-282;
Eff. April 1, 1997;
Recodified from 15A NCAC 02B .0229 Eff. April 1, 2020;
Readopted Eff. April 1, 2020.
15A NCAC 02B .0734 TAR-PAMLICO RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Tar-Pamlico River Basin.
(1) PURPOSE. The purpose of this Rule shall be to maintain and protect existing riparian buffers in the Tar-Pamlico River Basin to maintain their nutrient removal functions. Terms used in this Rule shall be as defined in Rule .0610 of this Subchapter.
(2) APPLICABILITY. This Rule applies to all landowners and other persons including local governments, state and federal entities conducting activities within the riparian buffers as described in Item (3) of this Rule in the Tar-Pamlico River Basin, excluding Ocracoke Island.
(3) BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated riparian buffers:
(a) A surface water shall be subject to this Rule if the feature is approximately shown on any of the following references:
(i) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resources Conservation Service of the United States Department of Agriculture;
(ii) The United States Geologic Survey's (USGS) National Map, available online at: ; or
(iii) Other maps approved by the Environmental Management Commission as more accurate than those identified in Sub-Item (3)(a)(i) and (3)(a)(ii) of this Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions and additions to the hydrography dataset shall follow GICC approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the Environmental Management Commission. Prior to recommendation to the Environmental Management Commission, the Division shall issue a 30-calendar day public notice through the Division's Mailing List in accordance with 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the Environmental Management Commission for a final decision. Maps approved under this Sub-Item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (6) of this Rule;
(b) This Rule shall apply to activities conducted within 50-foot wide riparian buffers directly adjacent to surface waters in the Tar-Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, reservoirs and estuaries), excluding wetlands;
(c) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506;
(d) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (9) of this Rule;
(e) Riparian buffers protected by this Rule shall be measured pursuant to Item (8) of this Rule;
(f) A riparian buffer may be exempt from this Rule as described in Items (5), (6) and (7) of this Rule; and
(g) No new clearing, grading or development shall take place nor shall any new building permits be issued in violation of this Rule.
(4) ON-SITE DETERMINATION. When a landowner or other affected party believes that the maps listed in Sub-Item (3)(a) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of a stream is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within 60 calendar days of written notification from the Authority. The Director's determination is subject to review as provided in G.S. 150B.
(5) EXEMPTION BASED ON ON-SITE DETERMINATION. Surface waters that appear on the maps listed in Sub-Item (3)(a) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories:
(a) Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access.
(b) Manmade ponds and lakes that are not fed by an intermittent or perennial stream nor have a direct discharge point to an intermittent or perennial stream.
(c) Ephemeral streams.
(d) The absence on the ground of a corresponding perennial waterbody, intermittent waterbody, lake, pond or estuary.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing.
(a) A use shall be considered existing if:
(i) It was present within the riparian buffer as of January 1, 2000 and has continued to exist since that time; or
(ii) It was a deemed allowable activity as listed in Item (11) of this Rule; or
(iii) It was conducted and maintained pursuant to an Authorization Certificate or Variance issued by the Authority.
(b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors and on-site sanitary sewage systems, any of which involve either specific periodic management of vegetation or displacement of vegetation by structures or regular activity.
(c) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule.
(d) Change of ownership through purchase or inheritance is not a change of use.
(e) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not exist prior to January 1, 2000, and the site is in compliance with Item (9) of this Rule.
(f) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (6)(a) through (6)(e) of this Rule.
(7) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are met:
(a) The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.
(b) Except for this Rule, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before January 1, 2000.
(c) The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B(3).
(8) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (9) and (11) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the stream measured horizontally on a line perpendicular to the stream (where an intermittent or perennial stream begins or ends, including when it goes underground, enters or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end).
(ii) For ponds, lakes and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in Rule .0202 of this Subchapter) and within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the most landward limit of the normal high water level or the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Items (9) and (11) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(9) STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (10)(a) of this Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below shall be allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule.
(a) The following are deemed allowable as defined in Sub-Item (10)(a)(i) of this Rule:
(i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a state stormwater program or a state-approved local government stormwater program; and
(ii) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance.
(b) The following are allowable upon authorization as defined in Sub-Item (10)(a)(ii) of this Rule:
(i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a state stormwater program or a state-approved local government stormwater program;
(ii) New drainage conveyances when the drainage area to the conveyance is demonstrated via approved nutrient calculation methodologies to meet the nutrient loading goals as outlined in Rule .0731(e)(1) of this Subchapter;
(iii) New drainage conveyances when the flow rate of the conveyance is less than 0.5 cubic feet per second during the peak flow from the 0.75 inch per hour storm;
(iv) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .1059;
(v) Realignment of existing roadside drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving the design dimensions provided that no additional travel lanes are added and the minimum required roadway typical section is used based on traffic and safety considerations;
(vi) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same;
(vii) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(viii) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures are employed to protect downstream water quality to the maximum extent practical; and
(ix) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass of existing drainage only.
(10) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, shall be designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited.
(a) Potential new uses shall have the following requirements:
(i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub-Item (9)(a) and Item (11) of this Rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. In addition, deemed allowable uses shall meet the requirements listed in Item (11) of this Rule for the specific use.
(ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon authorization in Sub-Item (9)(b) and Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Rule .0611 of this Subchapter.
(iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses designated as allowable with mitigation allowable upon authorization in Item (11) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy has received written approval pursuant to Item (12) of this Rule.
(iv) PROHIBITED. Uses designated as prohibited in Item (11) of this Rule may not proceed within the riparian buffer unless a Variance is granted pursuant to Rule .0226 of this Subchapter. Mitigation may be required as a condition of variance approval.
(v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization or prohibited in Item (11) of this Rule require a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval pursuant to Item (12) of this Rule.
(11) TABLE OF USES: The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, or allowable with mitigation upon authorization:
| |Deemed Allowable|Allowable |Allowable with |Prohibited |
| | |Upon Authorization |Mitigation Upon | |
| | | |Authorization | |
|(a) Airport facilities: | | | | |
|(i) Vegetation removal activities necessary to comply with Federal |X | | | |
|Aviation Administration requirements (e.g. line of sight requirements) | | | | |
|provided the disturbed areas are stabilized and revegetated | | | | |
|(ii) Airport facilities that impact equal to or less than one-third of an| |X | | |
|acre of riparian buffer | | | | |
|(iii) Airport facilities that impact greater than one-third of an acre of| | |X | |
|riparian buffer | | | | |
|(b) Archaeological activities |X | | | |
|(c) Bridges: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre of riparian buffer | |X | | |
|(d) Dam maintenance activities: | | | | |
|(i) Dam maintenance activities that do not cause additional riparian |X | | | |
|buffer disturbance beyond the footprint | | | | |
|(ii) Dam maintenance activities that do cause additional riparian buffer | |X | | |
|disturbance beyond the footprint of the existing dam | | | | |
|(e) Drainage of a pond subject to Item (4) of this Rule provided that a |X | | | |
|new riparian buffer is established by natural regeneration or planting, | | | | |
|within 50 feet of any stream which naturally forms or is constructed | | | | |
|within the drained pond area. Drained ponds shall be allowed to | | | | |
|naturalize for a minimum of six months from completion of the draining | | | | |
|activity before a stream determination is conducted pursuant to Item (4) | | | | |
|of this Rule | | | | |
|(f) Fences: | | | | |
|(i) Fencing livestock out of surface waters |X | | | |
|(ii) Installation does not result in removal of trees from Zone 1 |X | | | |
|(iii) Installation results in removal of trees from Zone 1 | |X | | |
|(g) Fertilizer application: | | | | |
|(i) One-time fertilizer application at agronomic rates in the riparian |X | | | |
|buffer to establish replanted vegetation. No runoff from this one-time | | | | |
|application in the riparian buffer is allowed in the surface water | | | | |
|(ii) Ongoing fertilizer application | | | |X |
|(h) Forest harvesting - see Rule .0612 of this Subchapter | | | | |
|(i) Grading only in Zone 2 provided that the health of existing |X | | | |
|vegetation in Zone 1 is not compromised, Item (9) of this Rule is | | | | |
|complied with, and disturbed areas are stabilized and revegetated | | | | |
|(j) Greenways, trails, sidewalks or linear pedestrian/bicycle | | | | |
|transportation systems: | | | | |
|(i) In Zone 2 provided that no built upon area is added within the |X | | | |
|riparian buffer | | | | |
|(ii) In Zone 1 provided that no built upon area is added within the |X | | | |
|riparian buffer and the installation does not result in the removal of | | | | |
|tree(s) | | | | |
|(iii) When built upon area is added to the riparian buffer, equal to or | |X | | |
|less than 10 feet wide with 2 foot wide shoulders. Shall be located | | | | |
|outside Zone 1 unless there is no practical alternative | | | | |
|(iv) When built upon area is added to the riparian buffer, greater than | | |X | |
|10 feet wide with 2 foot wide shoulders. Shall be located outside Zone 1 | | | | |
|unless there is no practical alternative | | | | |
|(k) Historic preservation |X | | | |
|(l) New Landfills as defined by G.S. 130A-290 | | | |X |
|(m) Maintenance access on modified natural streams or canals: a grassed | |X | | |
|travel way on one side of the waterbody when less impacting alternatives | | | | |
|are not practical. The width and specifications of the travel way shall | | | | |
|be only that needed for equipment access and operation. The travel way | | | | |
|shall be located to maximize stream shading | | | | |
|(n) Mining activities: | | | | |
|(i) Mining activities that are covered by the Mining Act provided that | |X | | |
|new riparian buffers that meet the requirements of Items (8) and (9) of | | | | |
|this Rule are established adjacent to any relocated channels | | | | |
|(ii) Mining activities that are not covered by the Mining Act OR where | | |X | |
|new riparian buffers that meet the requirements of Items (8) and (9) of | | | | |
|this Rule are not established | | | | |
|(iii) Wastewater or mining dewatering wells with approved NPDES permit |X | | | |
|(o) On-site sanitary sewage systems - new ones that use ground absorption| | | |X |
|(p) Pedestrian access trail and associated steps leading to a surface | | | | |
|water, dock, canoe or kayak access, fishing pier, boat ramp or other | | | | |
|water dependent structure: | | | | |
|(i) Equal to or less than six feet wide that does not result in the |X | | | |
|removal of tree(s) within the riparian buffer and does not result in the | | | | |
|addition of built upon area to the riparian buffer | | | | |
|(ii) Equal to or less than six feet wide that results in the removal of | |X | | |
|tree(s) or the addition of built upon area to the riparian buffer | | | | |
|(iii) Greater than six feet wide | | |X | |
|(q) Playground equipment: | | | | |
|(i) Playground equipment on single-family lots provided that installation|X | | | |
|and use does not result in removal of vegetation | | | | |
|(ii) Playground equipment on single-family lots where installation or use| |X | | |
|results in the removal of vegetation | | | | |
|(iii) Playground equipment installed on lands other than single-family | |X | | |
|lots | | | | |
|(r) Ponds created or modified by impounding streams subject to the | | | | |
|riparian buffers pursuant to Item (3) of this Rule and not used as | | | | |
|stormwater control measures (SCMs): | | | | |
|(i) New ponds provided that a riparian buffer that meets the requirements| |X | | |
|of Items (8) and (9) of this Rule is established adjacent to the pond | | | | |
|(ii) New ponds where a riparian buffer that meets the requirements of | | |X | |
|Items (8) and (9) of this Rule is NOT established adjacent to the pond | | | | |
|(s) Protection of existing structures and facilities, when this requires | |X | | |
|additional disturbance to the riparian buffer | | | | |
|(t) Public Safety - publicly owned spaces where it has been determined by|X | | | |
|the head of the local law enforcement agency with jurisdiction over that | | | | |
|area that the riparian buffers pose a risk to public safety. The head of | | | | |
|the local law enforcement agency shall notify the local government with | | | | |
|land use jurisdiction over the publicly owned space and the Division of | | | | |
|Water Resources of any such determination in writing | | | | |
|(u) Removal of previous fill or debris provided that Item (9) of this |X | | | |
|Rule is complied with and any vegetation removed is restored | | | | |
|(v) Residential Properties: Where application of this Rule would preclude| | | | |
|construction or expansion of a single-family residence and necessary | | | | |
|infrastructure, the single-family residence may encroach in the riparian | | | | |
|buffer if all of the following conditions are met: (1) the residence is | | | | |
|set back the maximum feasible distance from the top of the bank, rooted | | | | |
|herbaceous vegetation, normal high-water level, or normal water level, | | | | |
|whichever is applicable, on the existing lot; (2) the residence is | | | | |
|designed to minimize encroachment into the riparian buffer; (3) the | | | | |
|residence complies with Item (9) of this Rule; and (4) if the residence | | | | |
|will be served by an on-site wastewater system, no part of the septic | | | | |
|tank or drainfield may encroach into the riparian buffer: | | | | |
|(i) The residence or necessary infrastructure only impact Zone 2 | |X | | |
|(ii) The residence or necessary infrastructure impact Zone 1 | | |X | |
|(iii) Impacts other than the residence or necessary infrastructure | | |X | |
|(w) Restoration or enhancement (wetland, stream) as defined in 33 CFR | | | | |
|Part 332 available free of charge on the internet at: | | | | |
| | | | |
|cfm: | | | | |
|(i) Wetland or stream restoration that is part of a compensatory |X | | | |
|mitigation bank, nutrient offset bank or the In Lieu Fee program | | | | |
|(ii) Wetland or stream restoration other than those listed above | |X | | |
|(x) Road, driveway or railroad - impacts other than perpendicular | | |X | |
|crossings of streams and other surface waters subject to this Rule | | | | |
|(y) Road, driveway or railroads - perpendicular crossings of streams and | | | | |
|other surface waters subject to this Rule: | | | | |
|(i) Impact equal to or less than one-tenth of an acre of riparian buffer |X | | | |
|(ii) Impact greater than one-tenth of an acre but equal to or less than | |X | | |
|one-third of an acre of riparian buffer | | | | |
|(iii) Impact greater than one-third of an acre of riparian buffer | | |X | |
|(iv) Driveway crossings in a residential subdivision that cumulatively | |X | | |
|impact equal to or less than one-third of an acre of riparian buffer | | | | |
|(v) Driveway crossings in a residential subdivision that cumulatively | | |X | |
|impact greater than one-third of an acre of riparian buffer | | | | |
|(vi) Farm roads and forest roads that are exempt from permitting from the|X | | | |
|U.S. Army Corps of Engineers per Section 404(f) of the Federal Clean | | | | |
|Water Act | | | | |
|(z) Road relocation of existing private access roads associated with | | | | |
|public road projects where necessary for public safety: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer impact | |X | | |
|(ii) Greater than 2,500 square feet of riparian buffer impact | | |X | |
|(aa) Scientific studies and stream gauging | |X | | |
|(bb) Slatted uncovered decks, including steps and support posts, which | | | | |
|are associated with a dwelling, provided that it meets the requirements | | | | |
|of Items (8) and (9) of this Rule and: | | | | |
|(i) Installation does not result in removal of vegetation in Zone 1 | |X | | |
|(ii) Installation results in removal of vegetation in Zone 1 | | |X | |
|(cc) Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002: | | | | |
|(i) In Zone 2 if Item (9) of this Rule is complied with | |X | | |
|(ii) In Zone 1 | | |X | |
|(dd) Streambank or shoreline stabilization | |X | | |
|(ee) Temporary roads, provided that the disturbed area is restored to | | | | |
|pre-construction topographic and hydrologic conditions and replanted with| | | | |
|comparable vegetation within two months of when construction is complete.| | | | |
|Tree planting may occur during the dormant season. At the end of five | | | | |
|years, any restored wooded riparian buffer shall comply with the | | | | |
|restoration criteria in Rule .0295(i) of this Subchapter: | | | | |
|(i) Less than or equal to 2,500 square feet of riparian buffer |X | | | |
|disturbance | | | | |
|(ii) Greater than 2,500 square feet of riparian buffer disturbance | |X | | |
|(iii) Associated with culvert installation or bridge construction or | |X | | |
|replacement | | | | |
|(ff) Temporary sediment and erosion control devices provided that the | | | | |
|disturbed area is restored to preconstruction topographic and hydrologic | | | | |
|conditions and replanted with comparable vegetation within two months of | | | | |
|when construction is complete. Tree planting may occur during the dormant| | | | |
|season. At the end of five years, any restored wooded riparian buffer | | | | |
|shall comply with the restoration criteria in Rule .0295(i) of this | | | | |
|Subchapter: | | | | |
|(i) In Zone 2 provided that ground cover is established within the |X | | | |
|timeframes required by the Sedimentation and Erosion Control Act, | | | | |
|vegetation in Zone 1 is not compromised, and that discharge is released | | | | |
|in accordance with Item (9) of this Rule | | | | |
|(ii) In Zones 1 and 2 to control impacts associated with uses identified | |X | | |
|in this Table or that have received an Authorization Certificate with | | | | |
|Exception provided that sediment and erosion control for upland areas is | | | | |
|addressed outside the riparian buffer | | | | |
|(iii) In-stream temporary erosion and sediment control measures for work |X | | | |
|within a stream channel that is authorized under Sections 401 and 404 of | | | | |
|the Federal Clean Water Act | | | | |
|(gg) Utility Lines - Streambank stabilization for the protection of | | | | |
|publicly owned utility lines (not including new line installation): | | | | |
|(i) Less than 150 feet of streambank disturbance |X | | | |
|(ii) Greater than 150 feet of streambank disturbance | |X | | |
|(hh) Utility Lines – Sanitary Sewer Overflows: | | | | |
|(i) Emergency sanitary sewer overflow response activities, provided that |X | | | |
|the disturbed area within the riparian buffer outside of the existing | | | | |
|utility line maintenance corridor is the minimum necessary to respond to | | | | |
|the emergency overflow, is restored to pre-construction topographic and | | | | |
|hydrologic conditions, and is replanted with comparable vegetation (e.g. | | | | |
|grass with grass, hardwoods with hardwoods) within two months of when | | | | |
|disturbance is complete | | | | |
|(ii) Emergency sanitary sewer overflow response activities that do not | |X | | |
|meet the listing above. For any new proposed permanent impacts that are | | | | |
|not a "Deemed Allowable Activity", an application for an Authorization | | | | |
|Certificate shall be submitted to the Authority no later than 30 calendar| | | | |
|days of conclusion of the emergency response activities | | | | |
|(ii) Utility Lines – Sewer Lines - Vegetation maintenance activities that| | | | |
|remove forest vegetation from existing sewer utility right of ways (not | | | | |
|including new line installation) outside of the existing utility line | | | | |
|maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without disturbance | | | | |
|to the soil structure for a maintenance corridor that is equal to or less| | | | |
|than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(jj) Utility Lines – Sewer Lines - Replacement/Rehabilitation of existing| | | | |
|sewer lines within, or adjacent to, an existing right of way but outside | | | | |
|of an existing utility line maintenance corridor provided that comparable| | | | |
|vegetation (e.g. grass with grass, hardwoods with hardwoods) is allowed | | | | |
|to regenerate in disturbed riparian buffers outside of the permanent | | | | |
|maintenance corridor and riparian buffers outside of the permanent | | | | |
|maintenance corridor are not maintained: | | | | |
|(i) Permanent maintenance corridor equal to or less than 30 feet wide |X | | | |
|provided there is no grading and/or grubbing within 10 feet of the top of| | | | |
|bank when the sewer line is parallel to the stream | | | | |
|(ii) Grading and/or grubbing within 10 feet of the top of bank when the | |X | | |
|sewer line is parallel to the stream and permanent maintenance corridor | | | | |
|equal to or less than 30 feet wide | | | | |
|(iii) Permanent maintenance corridor greater than 30 feet wide. For | | |X | |
|impacts other than perpendicular crossings, mitigation is only required | | | | |
|for Zone 1 impacts. For perpendicular crossings that disturb equal to or | | | | |
|less than 40 linear feet, no mitigation is required. For perpendicular | | | | |
|crossings that disturb greater than 40 linear feet, mitigation is only | | | | |
|required for Zone 1 impacts | | | | |
|(kk) Utility Lines – Sewer Lines - New Line Construction/Installation | | | | |
|Activities – Perpendicular crossings of streams and other surface waters | | | | |
|subject to this Rule or perpendicular entry into the riparian buffer that| | | | |
|does not cross a stream or other surface water subject to this Rule | | | | |
|provided that vegetation is allowed to regenerate in disturbed areas | | | | |
|outside of the permanent maintenance corridor: | | | | |
|(i) Construction corridor of less than or equal to 40 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 40 linear feet wide and less | |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet wide| | | | |
|(iv) Permanent maintenance corridor greater than 30 linear feet wide. For| | |X | |
|impacts other than perpendicular crossings, mitigation is only required | | | | |
|for Zone 1 impacts. For perpendicular crossings that disturb equal to or | | | | |
|less than 40 linear feet, no mitigation is required. For perpendicular | | | | |
|crossings that disturb greater than 40 linear feet, mitigation is only | | | | |
|required for Zone 1 impacts | | | | |
|(ll) Utility Lines – Sewer Lines - New Line Construction/Installation | | | | |
|Activities – Impacts other than perpendicular crossings provided that | | | | |
|vegetation is allowed to regenerate in disturbed areas outside of the | | | | |
|permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(mm)Utility Lines – Non-Sewer Underground Lines – Vegetation maintenance | | | | |
|activities that remove forest vegetation from existing utility right of | | | | |
|ways (not including new line installation) outside of the existing | | | | |
|utility line maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts: For lines that have not been maintained, the |X | | | |
|vegetation can be mowed, cut or otherwise maintained without disturbance | | | | |
|to the soil structure for a maintenance corridor that is equal to or less| | | | |
|than 30 feet wide | | | | |
|(iii) Zone 1 impacts other than those listed above | |X | | |
|(nn) Utility Lines – Non-Sewer Underground Lines. Perpendicular crossings| | | | |
|of streams and other surface waters subject to this Rule or perpendicular| | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule provided that vegetation is allowed to| | | | |
|regenerate in disturbed areas outside of the permanent maintenance | | | | |
|corridor: | | | | |
|(i) Construction corridor of less than or equal to 50 linear feet wide |X | | | |
|and a permanent maintenance corridor that is equal to or less than 30 | | | | |
|feet wide | | | | |
|(ii) Construction corridor of greater than 50 linear feet wide and less | |X | | |
|than or equal to 150 linear feet wide and a permanent maintenance | | | | |
|corridor that is equal to or less than 30 feet wide | | | | |
|(iii) Construction corridor of greater than 150 linear feet wide and a | | |X | |
|permanent maintenance corridor that is equal to or less than 30 feet wide| | | | |
|(iv) Permanent maintenance corridor that is greater than 30 linear feet | | |X | |
|wide (mitigation is required only for Zone 1 impacts) | | | | |
|(oo) Utility Lines – Non-Sewer Underground Lines – Impacts other than | | | | |
|perpendicular crossings provided that vegetation is allowed to regenerate| | | | |
|in disturbed areas outside of the permanent maintenance corridor: | | | | |
|(i) Zone 2 impacts |X | | | |
|(ii) Zone 1 impacts to less than 2,500 square feet when impacts are | |X | | |
|solely the result of tying into an existing utility line and when | | | | |
|grubbing or grading within10 feet immediately adjacent to the surface | | | | |
|water is avoided | | | | |
|(iii) Zone 1 impacts other than those listed above | | |X | |
|(pp) Utilities – Non-Sewer Aerial Lines - Perpendicular crossings of | | | | |
|streams and other surface waters subject to this Rule or perpendicular | | | | |
|entry into the riparian buffer that does not cross a stream or other | | | | |
|surface water subject to this Rule: | | | | |
|(i) Disturb equal to or less than 150 linear feet wide of riparian buffer|X | | | |
|provided that a minimum zone of 10 feet wide immediately adjacent to the | | | | |
|waterbody is managed such that only vegetation that poses a hazard or has| | | | |
|the potential to grow tall enough to interfere with the line is removed, | | | | |
|that no land grubbing or grading is conducted in Zone 1, and that poles | | | | |
|or aerial infrastructure are not installed within 10 feet of a waterbody | | | | |
|(ii) Disturb greater than 150 linear feet wide of riparian buffer | |X | | |
|(qq) Utilities – Non-Sewer Aerial Lines - Impacts other than | | | | |
|perpendicular crossings of streams and other surface waters subject to | | | | |
|this Rule or perpendicular entry into the riparian buffer that does not | | | | |
|cross a stream or other surface water subject to this Rule: | | | | |
|(i) Impacts in Zone 2 only | |X | | |
|(ii) Impacts in Zone 1 provided that a minimum zone of 10 feet wide | | |X | |
|immediately adjacent to the waterbody is managed such that only | | | | |
|vegetation that poses a hazard or has the potential to grow tall enough | | | | |
|to interfere with the line is removed, that no land grubbing or grading | | | | |
|is conducted in Zone 1, and that poles or aerial infrastructure are not | | | | |
|installed within 10 feet of a waterbody | | | | |
|(rr) Vegetation management: | | | | |
|(i) Emergency fire control measures provided that topography is restored |X | | | |
|(ii) Periodic mowing and harvesting of plant products only in Zone 2 |X | | | |
|(iii) Placement of mulch ring around restoration plantings for a period |X | | | |
|of five years from the date of planting | | | | |
|(iv) Planting non-invasive vegetation to enhance the riparian buffer |X | | | |
|(v) Pruning forest vegetation provided that the health and function of |X | | | |
|the forest vegetation is not compromised | | | | |
|(vi) Removal of individual trees, branches or limbs, which are in danger |X | | | |
|of causing damage to dwellings, existing utility lines, other structures | | | | |
|or human life, or are imminently endangering stability of the streambank | | | | |
|provided that the stumps are left or ground in place without causing | | | | |
|additional land disturbance | | | | |
|(vii) Removal of individual trees that are dead, diseased or damaged |X | | | |
|(viii) Removal or poison ivy, oak or sumac Removal can include |X | | | |
|application of pesticides within the riparian buffer if the pesticides | | | | |
|are certified by EPA for use in or near aquatic sites and are applied in | | | | |
|accordance with the manufacturer's instructions. If removal is | | | | |
|significant, then the riparian buffer shall be replanted with | | | | |
|non-invasive species | | | | |
|(ix) Removal of understory nuisance vegetation as defined in: Smith, |X | | | |
|Cherri L. 2008. Invasive Plants of North Carolina. Dept. of | | | | |
|Transportation. Raleigh, NC (available at | | | | |
| | | | |
|2dc-bb27-45a78d1c7ebe&groupId=38364) . Removal can include application of| | | | |
|pesticides within the riparian buffer is the pesticides are certified by | | | | |
|EPA for use in or near aquatic sites and are applied in accordance with | | | | |
|the manufacturer's instructions. If removal is significant then the | | | | |
|riparian buffer shall be replanted with non-invasive species | | | | |
|(x) Removal of woody vegetation in Zone 1 provided that Item (9) of this | | |X | |
|Rule is complied with | | | | |
|(ss) Vehicle access roads and boat ramps (excluding parking areas) | | | | |
|leading to surface water, docks, fishing piers, and other water dependent| | | | |
|activities: | | | | |
|(i) Single vehicular access road and boat ramp to the surface water but | |X | | |
|not crossing the surface water that are restricted to the minimum width | | | | |
|practicable not to exceed 15 feet wide | | | | |
|(ii) Vehicular access roads and boat ramps to the surface water but not | | |X | |
|crossing the surface water that are restricted to the minimum width | | | | |
|practicable and exceed 15 feet wide | | | | |
|(tt) Water dependent structures (except for boat ramps) as defined in | |X | | |
|Rule .0202 of this Subchapter | | | | |
|(uu) Water supply reservoirs: | | | | |
|(i) New reservoirs provided that a riparian buffer that meets the | |X | | |
|requirements of Items (8) and (9) of this Rule is established adjacent to| | | | |
|the reservoir | | | | |
|(ii) New reservoirs where a riparian buffer that meets the requirements | | |X | |
|of Items (8) and (9) of this Rule is NOT established adjacent to the | | | | |
|reservoir | | | | |
|(vv) Water wells |X | | | |
|(ww) Wildlife passage structures | |X | | |
(12) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation upon authorization as defined in Sub-Item (10)(a)(iii) of this Rule or allowable with exception as defined in Sub-Item (10)(a)(v) of this Rule shall meet the following requirements in order to proceed with their proposed use.
(a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Subchapter; and
(b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this Subchapter.
(13) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant to Rule .0258 of this Subchapter shall have two options for ensuring protection of riparian buffers on new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to Rule .0735 of this Section; or
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian buffer as described in Item (3) of this Rule; or
(ii) The person requesting the approval proposes to impact the riparian buffer as described in Item (3) of this Rule and either:
(A) Has received an on-site determination from the Authority pursuant to Item (4) of this Rule that surface waters are not present in the location of the proposed impact;
(B) The activity is designated as exempt under this Rule;
(C) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter for uses designated as allowable upon authorization under this Rule;
(D) Has received an Authorization Certificate from the Authority pursuant to Rule .0611 of this Subchapter and obtained the Authority's approval on a mitigation plan pursuant to Item (11) of this Rule for uses designated as allowable with Mitigation upon authorization under this Rule;
(E) Has received an exception from the Authority pursuant Rule .0611 of this Subchapter; or
(F) Has received a Variance pursuant to Rule .0611 of this Subchapter.
(14) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B-282(d); S.L. 1999-329, s. 7.1; S.L. 2011-394; S.L. 2012-200; S.L. 2013-413; S.L. 2015-246; S.L. 2017-209;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0259).
15A NCAC 02B .0735 TAR-PAMLICO RIVER BASIN - NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: DELEGATION OF AUTHORITY FOR THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
This Rule sets out the requirements for delegation of the responsibility for implementing and enforcing the Tar-Pamlico River Basin riparian buffer protection program, as described in Rule .0734 of this Section, to local governments:
(1) PROCEDURES FOR GRANTING DELEGATION. The Commission shall grant local government delegation of the Tar-Pamlico River Basin Riparian Buffer Protection requirements, as described in Rule .0734 of this Section according to the following procedures:
(a) Local governments within the Tar-Pamlico River Basin may submit a written request to the Commission for authority to implement and enforce the Tar-Pamlico River Basin riparian buffer protection requirements within their jurisdiction by establishing a riparian buffer program to meet the requirements of Rule .0734 of this Section. The written request to establish a riparian buffer program shall include the following:
(i) Documentation that the local government has land use jurisdiction for the riparian buffer. This can be demonstrated by delineating the local land use jurisdictional boundary on the USGS 1:24,000 topographical map(s) or other finer scale map(s);
(ii) Documentation that the local government has the administrative organization, staff, legal authority, financial resources, and other resources necessary to implement and enforce the Tar-Pamlico River Basin riparian buffer protection requirements based on its size and projected amount of development;
(iii) The local government ordinances, resolutions, or regulations necessary to establish a riparian buffer program meet the requirements of Rule .0734 of this Section and G.S. 143-214.23A;
(iv) Documentation that the local government's riparian buffer program shall comply with all requirements set forth in G.S. 143-214.23A; and
(v) A plan to address violations with site-specific remedies and actions including civil or criminal remedies that shall restore riparian buffer nutrient removal functions on violation sites and provide a deterrent against the occurrence of future violations.
(b) Within 90 days after the Commission has received the request for delegation, the Commission shall notify the local government whether it has been approved, approved with modifications, or denied.
(2) APPOINTMENT OF A RIPARIAN BUFFER PROTECTION ADMINISTRATOR. Upon receiving delegation, local governments shall appoint a Riparian Buffer Protection Administrator(s) who shall coordinate the implementation and enforcement of the program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations pursuant to G.S. 143-214.25A. The Administrator(s) shall ensure that local government staff working directly with the program receive training to understand, implement, and enforce the program and are certified to make on-site determinations pursuant to G.S. 143-214.25A. At any time that a local government does not have anyone on staff certified to make on-site determinations pursuant to G.S. 143-214.25A, it shall notify the Division within 30 calendar days and provide a proposed schedule to secure a certified staff member. The local government shall coordinate with the Division to provide on-site determinations until a new certified staff member is secured by the local government.
(3) PROCEDURES FOR USES WITHIN RIPARIAN BUFFERS THAT ARE ALLOWABLE UPON AUTHORIZATION AND ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Upon receiving delegation, local governments shall review applications requesting an Authorization Certificate pursuant to the requirements set forth in Rule .0611 of this Subchapter.
(4) EXCEPTIONS. Upon receiving delegation, local governments shall review applications requesting an Authorization Certificate with Exception pursuant to the requirements set forth in Rule .0611 of this Subchapter.
(5) LIMITS OF DELEGATED LOCAL AUTHORITY. The Division shall have jurisdiction to the exclusion of local governments to implement the Tar-Pamlico River Basin riparian buffer protection requirements for the following types of activities:
(a) Activities conducted under the authority of the State;
(b) Activities conducted under the authority of the United States;
(c) Activities conducted under the authority of multiple jurisdictions;
(d) Activities conducted under the authority of units of local government;
(e) Forest harvesting activities described in Rule .0612 of this Subchapter; and
(f) Agricultural activities.
(6) RECORD-KEEPING REQUIREMENTS. Delegated local governments shall maintain on-site records for a minimum of 5 years and shall furnish a copy of these records to the Division within 30 calendar days of receipt of a written request for them. Each delegated local government's records shall include the following:
(a) A copy of all Authorization Certificate with Exception requests;
(b) Findings on all Authorization Certificate with Exception requests;
(c) The results of all Authorization Certificate with Exception proceedings;
(d) A record of complaints and action taken as a result of the complaints;
(e) Records for on-site determinations as described in Rule .0734(4) of this Section; and
(f) Copies of all requests for authorization, records approving authorization, and Authorization Certificates.
(7) AUDITS OF LOCAL AUTHORITIES. The Division shall audit delegated local governments to ensure the local programs are being implemented and enforced in keeping with the requirements of this Rule and Rule .0734 of this Section. The audit shall consist of a review of all local government activities with regards to implementation of this Rule and Rule .0734 of this Section.
(8) PROCEDURES FOR RESCINDING DELEGATION. Upon determination by the Division that a delegated local government is failing to implement or enforce the Tar-Pamlico River Basin riparian buffer protection requirements in keeping with the request approved under Sub-Item (1)(b) of this Rule, the Commission shall notify the delegated local government in writing of the local program's deficiencies. If the delegated local government has not corrected the deficiencies within 90 calendar days of receipt of the written notification, then the Commission shall rescind the delegation of authority to the local government and the Division shall implement and enforce the Tar-Pamlico River Basin riparian buffer protection requirements within their jurisdiction.
(9) DELEGATION. The Commission may delegate its duties and powers for granting and rescinding local government delegation of the Tar-Pamlico River Basin riparian buffer protection requirements, in whole or in part, to the Director.
History Note: Authority G S. 143-214.1; 143-214.7; 143-214.23; 143-214.23A; 143-215.3(a)(1); 143-215.3(a)(4); 143B-282(d); S.L. 1999-329, s. 7.1;
Temporary Adoption Eff. January 1, 2000;
Eff. August 1, 2000;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B .0261).
SUBCHAPTER 02C - WELL CONSTRUCTION STANDARDS
SECTION .0100 - CRITERIA AND STANDARDS APPLICABLE TO WATER-SUPPLY AND
15A NCAC 02C .0101 GENERAL PROVISIONS
(a) Authorization. The North Carolina Environmental Management Commission is required pursuant to G.S. 87-87 in the North Carolina Well Construction Act to adopt rules governing the location, construction, repair, and abandonment of wells, the operation of water wells or well systems with a designed capacity of 100,000 gallons per day or greater, and the installation and repair of pumps and pumping equipment.
(b) Purpose. Consistent with the duty to safeguard the public welfare, safety, health, and to protect and beneficially develop the groundwater resources of the State, it is declared to be the policy of this State to require that the location, construction, repair, and abandonment of wells, and the installation of pumps and pumping equipment conform to such reasonable standards and requirements as may be necessary to protect the public welfare, safety, health, and ground water resources.
History Note: Authority G.S. 87-87;
Eff. February 1, 1976;
Amended Eff. December 1, 1992; July 1, 1988;
Readopted Eff. September 1, 2019.
15A ncac 02c .0102 DEFINITIONS
The terms used in this Subchapter shall be as defined in G.S. 87-85 and as follows:
(1) "Abandon" means to discontinue the use of and to seal a well according to the requirements of 15A NCAC 02C .0113 of this Section.
(2) "Access port" means an opening in a well casing or well head installed for the purpose of determining the position of the water level in the well or to facilitate disinfection.
(3) "Agent" means any person who by agreement with a well owner has authority to act on his or her behalf in executing applications for permits. The agent may be either general agent or a limited agent authorized to do one particular act.
(4) "Annular Space" means the space between the casing and the walls of a borehole or outer casing or the space between a liner pipe and well casing.
(5) "Artesian flowing well" means a well in which groundwater flows above the land surface without the use of a pump and, under natural conditions, the static water level or hydraulic head elevation is greater than the land surface elevation.
(6) "ASTM" means the American Society for Testing and Materials.
(7) "Casing" means pipe or tubing constructed of materials and having dimensions and weights as specified in the rules of this Subchapter, that is installed in a borehole during or after completion of the borehole to support the side of the hole and thereby prevent caving, to allow completion of a well, to prevent formation material from entering the well, to prevent the loss of drilling fluids into permeable formations, and to prevent entry of contamination.
(8) "Clay" means a substance comprised of natural, inorganic, fine-grained crystalline mineral fragments that, when mixed with water, forms a pasty, moldable mass that preserves its shape when air dried.
(9) "Commission" means the North Carolina Environmental Management Commission.
(10) "Consolidated rock" means rock that is firm and coherent, solidified or cemented, such as granite, gneiss, limestone, slate or sandstone, that has not been decomposed by weathering.
(11) "Contaminate" or "Contamination" means the introduction of foreign materials of such nature, quality, and quantity into the groundwaters as to exceed the groundwater quality standards set forth in 15A NCAC 02L .0200.
(12) "Department" is as defined in G.S. 87-85(5a).
(13) "Designed capacity" means that capacity that is equal to the yield that is specified by the well owner or his or her agent prior to construction of the well.
(14) "Director" means the Director of the Division of Water Resources or the Director's delegate.
(15) "Division" means the Division of Water Resources.
(16) "Domestic use" means water used for drinking, bathing or other household purposes, livestock, or gardens.
(17) "Formation Material" means naturally occurring material generated during the drilling process that is composed of sands, silts, clays or fragments of rock and that is not in a dissolved state.
(18) "GPM" and "GPD" mean gallons per minute and gallons per day, respectively.
(19) "Grout" means a material approved in accordance with Rule .0107(e) of this Section for use in sealing the annular space of a well or liner or for sealing a well during abandonment.
(20) "Lead Free" means materials containing not more than a weighted average of 0.25 percent lead per Section 1417 of the Safe Drinking Water Act amended January 4, 2014.
(21) "Liner pipe" means pipe that is installed inside a completed and cased well for the purpose of preventing the entrance of contamination into the well or for repairing ruptured, corroded or punctured casing or screens.
(22) "Monitoring well" means any well constructed for the primary purpose of obtaining information about the physical, chemical, radiological, or biological characteristics of groundwater or other liquids, or for the observation or measurement of groundwater levels. This definition excludes lysimeters, tensiometers, and other devices used to investigate the characteristics of the unsaturated zone but includes piezometers, a type of monitoring well constructed solely for the purpose of determining groundwater levels. This definition includes all monitoring well types, including temporary wells and wells using Geoprobe® or direct-push technology (DPT).
(23) "Owner" means any person who holds the fee or other property rights in the well being constructed.
(24) "Pitless adapters" or "pitless units" are devices manufactured to the standards specified under 15A NCAC 02C .0107(j)(5) for the purpose of allowing a subsurface lateral connection between a well and plumbing appurtenances.
(25) "Public water system" means a water system as defined in 15A NCAC 18C, which is hereby incorporated by reference, including subsequent amendments.
(26) "Recovery well" means any well constructed for the purpose of removing contaminated groundwater or other liquids from the subsurface.
(27) "Saline" means having a chloride concentration of more than 250 milligrams per liter.
(28) "Secretary" means the Secretary of the Department of Environmental Quality or the Secretary's delegate.
(29) "Settleable solids" means the volume of solid particles in a well-mixed one liter sample that will settle out of suspension, in the bottom of an Imhoff Cone, after one hour.
(30) "Sewer Lateral" means the sewer pipe connecting a structure to a wastewater treatment collection system or a municipal or commercial sewer main line.
(31) "Site" means the land or water area where any facility, activity or situation is physically located, including adjacent or other land used in connection with the facility, activity or situation.
(32) "Specific capacity" means the yield of the well expressed in gallons per minute per foot of draw-down of the water level (gpm/ft.-dd).
(33) "Static water level" means the level at which the water stands in the well when the well is not being pumped and is expressed as the distance from a fixed reference point to the water level in the well.
(34) "Suspended solids" means the weight of those solid particles in a sample that are retained by a standard glass microfiber filter, with pore openings of one and one-half microns, when dried at a temperature between 103 and 105 degrees Fahrenheit.
(35) "Temporary well" means a well that is constructed to determine aquifer characteristics and that will be permanently abandoned or converted to a permanent well within 21 days (504 hours) of the completion of drilling of the borehole.
(36) "Turbidity" means the cloudiness in water due to the presence of suspended particles such as clay or silt that may create laboratory analytical difficulties for determining contamination above 15A NCAC 02L.
(37) "Vent" means a permanent opening in the well casing or well head, installed for the purpose of allowing changes in the water level in a well due to natural atmospheric changes or to pumping. A vent may also serve as an access port.
(38) "Water-tight" means put or fit together so tightly that water cannot enter or pass through. For example, water-tight pipe may be filled with water and tested under pressure between three and five pounds per square inch (psi) for several minutes to detect leaks.
(39) "Well" is as defined in G.S. 87-85(14).
(40) "Well capacity" means the maximum quantity of water that a well will yield continuously as determined by methods outlined in 15A NCAC 02C .0110.
(41) "Well head" means the upper terminal of the well including adapters, ports, valves, seals, and other attachments.
(42) "Well system" means two or more wells connected to the same distribution or collection system or, if not connected to a distribution or collection system, two or more wells serving the same site.
(43) "Yield" means the volume of water or other fluid per time that can be discharged from a well under a given set of circumstances.
History Note: Authority G.S. 87-85; 87-87; 143-215.3;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; July 1, 1988; March 1, 1985; September 1, 1984;
Readopted Eff. September 1, 2019.
15A ncac 02c .0103 REGISTRATION
History Note: Authority G.S. 87-87; 143-215.3(a)(1a); 143-355(e);
Eff. February 1, 1976;
Amended Eff. April 1, 2001; December 1, 1992; July 1, 1988; April 20, 1978;
Repealed Eff. September 1, 2009.
15A NCAC 02C .0104 PUMP INSTALLATION REGISTRATION
History Note: Authority G.S. 87-87;
Eff. February 1, 1976;
Repealed Eff. July 1, 1988.
15A NCAC 02C .0105 PERMITS
(a) No person shall locate or construct any of the following wells until a permit has been issued by the Department:
(1) any water-well or well system with a designed capacity to pump 100,000 gallons per day (gpd) or more during one calendar year;
(2) any well added to an existing system if the total designed capacity of such existing well system and added well will equal or exceed 100,000 gpd;
(3) any temporary or permanent monitoring well or monitoring well system, including wells installed using direct-push technology (DPT) or Geoprobe® technology, designed to penetrate an aquifer to obtain groundwater data on property not owned by the well owner;
(4) any recovery well;
(5) any well with a design deviation from the standards specified under the rules of this Subchapter, including wells for which a variance is required.
(b) The Department shall issue permits for wells used for geothermal heating and cooling, aquifer storage and recovery (ASR), or other injection purposes in accordance with 15A NCAC 02C .0200.
(c) The Department shall issue permits for private drinking water wells in accordance with 15A NCAC 02C .0300, including private drinking water wells with a designed capacity greater than 100,000 gallons per day and private drinking water wells for which a variance is required.
(d) An application for any well requiring a permit pursuant to Paragraph (a) of this Rule shall be submitted by the owner or his or her agent. In the event that the permit applicant is not the owner of the property where the well or well system is to be constructed, the permit application shall contain written approval from the property owner and a statement that the applicant assumes total responsibility for ensuring that the well(s) will be located, constructed, maintained and abandoned in accordance with the requirements of this Subchapter.
(e) The application shall be submitted to the Department on forms furnished by the Department, which shall include the following:
(1) the owner's name;
(2) the owner's mailing address and proposed well site address;
(3) description of the well type and activity requiring a permit;
(4) site location (map);
(5) a map of the site, to scale, showing the locations of:
(A) all property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads, intersections, streams or lakes within 500 feet of proposed well or well system;
(B) all existing wells, identified by type of use, within 500 feet of proposed well or well system;
(C) the proposed well or well system;
(D) any test borings within 500 feet of proposed well or well system; and
(E) all sources of known or potential groundwater contamination, such as septic tank systems; pesticide, chemical or fuel storage areas; animal feedlots, as defined by G.S. 143-215.10B(5); landfills or other waste disposal areas within 500 feet of the proposed well.
(6) the well contractor's name and state certification number, if known; and
(7) a construction diagram of the proposed well(s) including specifications describing all materials to be used and methods of construction.
(f) For water supply wells or well systems with a designed capacity of 100,000 gpd or greater, the application shall include, in addition to the information required in Paragraph (e) of this Rule:
(1) the number, yield and location of existing wells in the system;
(2) the water system's name and reference number if already a public water supply system;
(3) the designed capacity of the proposed well(s);
(4) for wells to be screened in multiple zones or aquifers, representative data on the static water level and pH, specific conductance, and concentrations of sodium, potassium, calcium, magnesium, sulfate, chloride, and carbonates from each aquifer or zone from which water is proposed to be withdrawn. The data submitted shall demonstrate that construction of the proposed well will satisfy the requirements of 15A NCAC 02C .0107(h)(2);
(5) a copy of any water use permit required pursuant to G.S. 143-215.15; and
(6) any other well construction information or site specific information as requested by the Department to ensure compliance with G.S. 87-84.
(g) For those monitoring wells with a design deviation from the specifications of 15A NCAC 02C .0108 of this Section, in addition to the information required in Paragraph (e) of this Rule, the application shall include:
(1) a description of the subsurface conditions to evaluate the site. Data from test borings, wells, and pumping tests may be necessary;
(2) a description of the quantity, character and origin of the contamination;
(3) justification for the necessity of the design deviation; and
(4) any other well construction information or site specific information as requested by the Department to ensure compliance with G.S. 87-84.
(h) For those recovery wells with a design deviation from the specifications in 15A NCAC 02C .0108 of this Section, in addition to the information required in Paragraphs (e) and (g) of this Rule, the application shall describe the disposition of any fluids recovered if the disposal of those fluids will have an impact on any existing wells other than those installed for the purpose of measuring the effectiveness of the recovery well(s).
(i) In the event of an emergency, any well listed in Subparagraph (a)(1) through (a)(4) of this Rule may be constructed after verbal approval is provided by the Department. After-the-fact written applications shall be submitted by the person responsible for drilling or owner within 10 days after construction begins. The application shall include construction details of the well(s) and include the name of the person who gave verbal approval and the time and date that approval was given.
(j) The well owner or his or her agent, and the North Carolina certified well contractor shall see that a permit is secured prior to the beginning of construction of any well for which a permit is required under the rules of this Subchapter.
History Note: Authority G.S. 87-87; 143-215.1;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; March 1, 1985; September 1, 1984; April 20, 1978;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0106 WATER USE PERMIT
History Note: Authority G.S. 143-215.14; 143-215.15;
Eff. February 1, 1976;
Repealed Eff. April 20, 1978.
15a ncac 02c .0107 STANDARDS OF CONSTRUCTION: water supply WELLS
(a) Location.
(1) A water supply well shall not be located in any area where surface water or runoff will accumulate around the well due to depressions, drainage ways, and other landscapes that will concentrate water around the well.
(2) The horizontal separation between a water supply well and potential sources of groundwater contamination that exist at the time the well is constructed shall be no less than as follows unless otherwise specified in Subparagraph (a)(3) of this Rule:
(A) Single-family dwelling with septic tank and drainfield, including the drainfield repair area 50 feet
(B) Single-family dwelling with septic tank and drainfield, including the drainfield repair area in saprolite system as described in 15A NCAC 18A .1956 100 feet
(C) All other facilities with septic tank and drainfield, including drainfield repair area 100 feet
(D) Other subsurface ground absorption waste disposal system 100 feet
(E) Industrial or municipal residuals disposal or wastewater-irrigation sites 100 feet
(F) Industrial or municipal sewage or liquid-waste collection or sewer main, constructed to water main standards in the American Water Works Association (AWWA) Standards C600 and/or C900, which can be obtained from AWWA at American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235, at a cost of one hundred and four dollars ($104.00) 50 feet
(G) Water-tight sewer lateral line from a residence or other non-public system to a sewer main or other wastewater disposal system 25 feet
(H) Other sewage and liquid-waste collection or transfer facility 100 feet
(I) Cesspools and privies 100 feet
(J) Animal feedlots, as defined by G.S. 143-215.10B(5), or manure or litter piles 100 feet
(K) Fertilizer, pesticide, herbicide, or other chemical storage areas 100 feet
(L) Non-hazardous waste storage, treatment, or disposal lagoons 100 feet
(M) Sanitary landfills, municipal solid waste landfill facilities, incinerators, construction and demolition (C&D) landfills, and other disposal sites except Land Clearing and Inert Debris landfills 500 feet
(N) Land Clearing and Inert Debris (LCID) landfills 100 feet
(O) Animal barns 100 feet
(P) Building perimeters, including any attached structures that need a building permit, such as garages, patios, or decks, regardless of foundation construction type 25 feet
(Q) Surface water bodies that act as sources of groundwater recharge, such as ponds, lakes, and reservoirs 50 feet
(R) All other surface water bodies, such as brooks, creeks, streams, rivers, sounds, bays, and tidal estuaries 25 feet
(S) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N:
(i) with secondary containment 50 feet
(ii) without secondary containment 100 feet
(T) Above ground or underground storage tanks that contain petroleum fuels used for heating equipment, boilers, or furnaces, with the exception of tanks used solely for storage of propane, natural gas, or liquefied petroleum gas 50 feet
(U) All other petroleum or chemical storage tank systems 100 feet
(V) Gravesites 50 feet
(W) Coal ash landfills or impoundments 200 feet
(X) All other potential sources of groundwater contamination 50 feet
(3) For a water supply well as defined in G.S. 87-85(13) on a lot serving a single-family dwelling and intended for domestic use, where lot size or other fixed conditions preclude the separation distances specified in Subparagraph (a)(2) of this Rule, the required horizontal separation distances shall be the maximum possible but shall in no case be less than the following:
(A) Industrial or municipal sewage or liquid-waste collection or sewer main, constructed to water main standards as stated in the AWWA Standards C600 and/or C900 25 feet
(B) Animal barns 50 feet
(4) In addition to the separation distances specified in Subparagraph (a)(2) of this Rule, a well or well system with a designed capacity of 100,000 gallons per day (GPD) or greater shall be located a sufficient distance from known or anticipated sources of groundwater contamination so as to prevent a violation of groundwater quality standards specified in 15A NCAC 02L .0202 resulting from the movement of contaminants in response to the operation of the well or well system at the proposed rate and schedule of pumping.
(5) Wells drilled for public water supply systems regulated by the Public Water Supply Section of the Division of Water Resources shall meet the requirements of 15A NCAC 18C.
(b) Source of water.
(1) The source of water for any water supply well shall not be from a water bearing zone or aquifer that is contaminated;
(2) In designated areas described in 15A NCAC 02C .0117 of this Section, the source shall be greater than 43 feet below land surface;
(3) In designated areas described in 15A NCAC 02C .0116 of this Section, the source may be less than 20 feet below land surface, but in no case less than 10 feet below land surface;
(4) For wells constructed with separation distances less than those specified in Subparagraph (a)(2) of this Rule based on lot size or other fixed conditions as specified in Subparagraph (a)(3) of this Rule, the source shall be greater than 43 feet below land surface except in areas described in Rule .0116 of this Section; and
(5) In all other areas the source shall be at least 20 feet below land surface.
(c) Drilling Fluids. Drilling Fluids shall not contain organic or toxic substances or include water obtained from surface water bodies or water from a non-potable supply and shall be comprised only of:
(1) The formational material encountered during drilling; or
(2) Materials manufactured specifically for the purpose of borehole conditioning or water well construction.
(d) Casing.
(1) If steel casing is used:
(A) The casing shall be new, seamless, or electric-resistance welded galvanized or black steel pipe. Galvanizing shall be done in accordance with requirements of ASTM A53/A53M-07, which is hereby incorporated by reference, including subsequent amendments and editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of eighty dollars and forty cents ($80.40);
(B) The casing, threads and couplings shall meet or exceed the specifications of ASTM A53/A53M-07 or A589/589M-06, which is hereby incorporated by reference, including subsequent amendments and editions, and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of eighty dollars and forty cents ($80.40), and fifty-two dollars ($52.00), respectively;
(C) The wall thickness for a given diameter shall equal or exceed that specified in Table 1;
TABLE 1: MINIMUM WALL THICKNESS FOR STEEL CASING:
Nominal Diameter Wall Thickness
(inches) (inches)
______________________________________________________________________________________
For 3.5 inch or smaller pipe, Schedule 40 is required
______________________________________________________________________________________
4 0.142
______________________________________________________________________________________
5 0.156
______________________________________________________________________________________
5.5 0.164
______________________________________________________________________________________
6 0.185
______________________________________________________________________________________
8 0.250
______________________________________________________________________________________
10 0.279
______________________________________________________________________________________
12 0.330
______________________________________________________________________________________
14 and larger 0.375
______________________________________________________________________________________
(D) Stainless steel casing, threads, and couplings shall conform in specifications to the general requirements in ASTM A530/A530M-04a, which is hereby incorporated by reference, including subsequent amendments and editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of forty-six dollars ($46.00), and also shall conform to the specific requirements in the ASTM standard that best describes the chemical makeup of the stainless steel casing that is intended for use in the construction of the well;
(E) Stainless steel casing shall have a minimum wall thickness that is equivalent to standard Schedule number 10S;
(F) Steel casing shall be equipped with a drive shoe if the casing is driven in a consolidated rock formation. The drive shoe shall be made of forged, high carbon, tempered seamless steel and shall have a beveled, hardened cutting edge; and
(G) Any materials containing lead shall meet NSF 61 standards, which can be obtained from NSF International at a cost of three hundred and twenty-five dollars ($325.00), or NSF 372 standards, which can be obtained at a cost of fifty-five dollars ($55.00). Both standards can be obtained from NSF International, P.O. Box 130140, 789 N. Dixboro Road, Ann Arbor, MI 48105.
(2) If thermoplastic casing is used:
(A) The casing shall be new and manufactured in compliance with standards of ASTM F480-14, which is hereby incorporated by reference including subsequent amendments and editions, and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of sixty-seven dollars ($67.00);
(B) The casing and joints shall meet or exceed all the specifications of ASTM F480-06b, except that the outside diameters shall not be restricted to those listed in ASTM F480-06b, which is hereby incorporated by reference, including subsequent amendments and editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of eighty dollars and forty cents ($80.40);
(C) The depth of installation for a given Standard Dimension Ratio (SDR) or Schedule number thickness shall not exceed that listed in Table 2 unless the Department is provided written documentation from the manufacturer of the casing stating that the casing may safely be used at the depth at which it is to be installed is provided.
TABLE 2: Maximum allowable depths (in feet) of Installation of
Thermoplastic Water Well Casing. Dimensional standards for PVC pipe are specified in ASTM F 480-14.
|Nominal Diameter |Maximum Depth (in feet)|Maximum Depth (in feet) |
|(inches) |for Schedule 40 |for Schedule 80 |
|2 |485 |1460 |
|3 |415 |1170 |
|3.5 |315 |920 |
|4 |253 |755 |
|5 |180 |550 |
|6 |130 |495 |
|8 |85 |340 |
|10 |65 |290 |
|12 |65 |270 |
|14 |50 |265 |
|16 |50 |255 |
| |Maximum Depth (in|Maximum Depth (in|Maximum Depth (in |
| |feet) for |feet) for |feet) for |
| |SDR 21 |SDR 17 |SDR 13.5 |
|All Diameters |185 |355 |735 |
(D) Thermoplastic casing with wall thickness less than that corresponding to SDR 21 or Schedule 40 shall not be used;
(E) For wells in which the casing will extend into consolidated rock, thermoplastic casing shall be equipped with a coupling or other device approved by the manufacturer of the casing as sufficient to protect the physical integrity of the thermoplastic casing during the processes of seating and grouting the casing and subsequent drilling operations;
(F) Thermoplastic casing shall not be driven by impact, but may be pushed;
(G) PVC well casing joints shall meet the requirements of ASTM F 480-14; and
(H) Screws or similar mechanical fasteners shall not be used for joining PVC well casing.
(3) In constructing any well, all water-bearing zones that contain contaminated, saline, or other non-potable water shall be cased and grouted so that contamination of overlying and underlying groundwater zones will not occur.
(4) Every well shall be cased so that the bottom of the casing extends to the following depths:
(A) Wells located within the area described in Rule .0117 of this Section shall be cased from land surface to a depth of at least 43 feet.
(B) Wells located within the area described in Rule .0116 of this Section shall be cased from land surface to a depth of at least 10 feet.
(C) Wells constructed with separation distances less than those specified in Subparagraph (a)(2) of this Rule based on lot size or other fixed conditions as specified in Subparagraph (a)(3) of this Rule shall be cased from land surface to a depth of at least 43 feet except in areas described in Rule .0116 of this Section.
(D) Wells located in any other area shall be cased from land surface to a depth of at least 20 feet.
(5) The top of the casing shall be terminated at least 12 inches above land surface, regardless of the method of well construction and type of pump to be installed.
(6) The casing in wells constructed to obtain water from a consolidated rock formation shall meet the requirements of Subparagraphs (d)(1) through (d)(5) of this Rule and shall:
(A) prevent any formational material from entering the well in excess of the levels specified in Paragraph (h) of this Rule; and
(B) firmly be seated at least five feet into the rock.
(7) The casing in wells constructed to obtain water from an unconsolidated rock formation (such as gravel, sand, or shells) shall extend at least one foot into the top of the water-bearing formation.
(8) Upon completion of the well, the well shall be sufficiently free of obstacles including formation material as necessary to allow for the installation and proper operation of pumps and associated equipment.
(9) Prior to removing equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85(16), to preclude the entrance of contaminants into the well.
(e) Allowable Grouts.
(1) One of the following grouts shall be used wherever grout is required by a rule of this Section. Where a particular type of grout is specified by a rule of this Section, no other type of grout shall be used.
(A) Neat cement grout shall consist of a mixture of not more than six gallons of clear, potable water to one 94 pound bag of Portland cement. Up to five percent, by weight, of untreated Wyoming sodium bentonite may be used to improve flow and reduce shrinkage. The Wyoming sodium bentonite shall be 200 mesh with a yield rating of 90 barrels per ton. If bentonite is used, additional water may be added at a rate not to exceed 0.6 gallons of water for each pound of untreated Wyoming sodium bentonite.
(B) Sand cement grout shall consist of a mixture of not more than two parts sand and one part cement and not more than six gallons of clear, potable water per 94 pound bag of Portland cement.
(C) Concrete grout shall consist of a mixture of not more than two parts gravel or rock cuttings to one part cement and not more than six gallons of clear, potable water per 94 pound bag of Portland cement. One hundred percent of the gravel or rock cuttings must be able to pass through a one-half inch mesh screen.
(D) Bentonite slurry grout shall consist of a mixture of not more than 24 gallons of clear, potable water to one 50 pound bag of commercial granular Wyoming sodium bentonite. Non-organic, non-toxic substances may be added to bentonite slurry grout mixtures to improve particle distribution and pumpability. Bentonite slurry grout may only be used in accordance with the manufacturer's written instructions.
(E) Bentonite chips or pellets shall consist of pre-screened Wyoming sodium bentonite chips or compressed sodium bentonite pellets with largest dimension of at least one-fourth inch but not greater than one-fifth of the width of the annular space into which they are to be placed. Bentonite chips or pellets shall be hydrated in place. Bentonite chips or pellets shall only be used in accordance with the manufacturer's written instructions.
(F) Specialty grout shall consist of a mixture of non-organic, non-toxic materials with characteristics of expansion, chemical-resistance, rate or heat of hydration, viscosity, density, or temperature-sensitivity applicable to specific grouting requirements. Specialty grouts shall not be used without prior approval by the Director. A request for approval of a specialty grout shall be submitted to the Director and shall include the following information:
(i) a demonstration of non-toxicity, such as American National Standard Institute (ANSI) or National Sanitation Foundation, Inc. (NSF) Standard 60 certification, which is hereby incorporated by reference including subsequent amendments and editions, and can be obtained from NSF International, P.O. Box 130140, 789 North Dixboro Road, Ann Arbor, MI 48105 at a cost of three hundred and twenty-five dollars ($325.00);
(ii) the results of an independent laboratory that demonstrate the finished product has a permeability of less that 1x10-6 centimeters per second and, if the product is used in areas of brackish or saline groundwater, the grout will not degrade over the lifetime of the well;
(iii) a general procedure for mixing and emplacing the grout;
(iv) the types of wells the request would apply to; and
(v) any other additional information the Department needs to ensure compliance with G.S. 87-84 as requested by the Department.
(2) With the exception of bentonite chips or pellets, the liquid and solid components of all grout mixtures shall be blended prior to emplacement below land surface.
(3) No fly ash, other coal combustion byproducts, or other wastes shall be used in any grout.
(f) Grout emplacement.
(1) Casing shall be grouted to a minimum depth of twenty feet below land surface except that in those areas designated in Rule .0116 of this Section, grout shall extend to a depth of two feet above the screen or, for open end wells, to the bottom of the casing, but in no case less than 10 feet.
(2) In addition to the grouting required by Subparagraph (f)(1) of this Rule, the casing shall be grouted as necessary to seal off all aquifers or zones that contain contaminated, saline, or other non-potable water so that contamination of overlying and underlying aquifers or zones shall not occur.
(3) Bentonite slurry grout may be used in that portion of the borehole that is at least three feet below land surface. That portion of the borehole from land surface to at least three feet below land surface shall be filled with a concrete or cement-type grout or bentonite chips or pellets that are hydrated in place.
(4) Grout shall be placed around the casing by one of the following methods:
(A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface;
(B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space that can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or
(C) Other. Grout may be emplaced in the annular space by gravity flow to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space within the applicable minimum grout depth specified in Subparagraph (f)(1) of this Rule at the time of grouting, with the exception that bentonite chips or pellets may be used if water is present and if designed for that purpose.
(5) If a rule of this Section requires grouting of the casing to a depth greater than 20 feet below land surface, the pumping or pressure method shall be used to grout that portion of the borehole deeper than 20 feet below land surface, with the exception of bentonite chips and pellets used in accordance with Part (f)(4)(C) of this Rule.
(6) If an outer casing is installed, it shall be grouted by either the pumping or pressure method.
(7) Bentonite chips or pellets shall be used in compliance with all manufacturer's instructions including pre-screening the material to eliminate fine-grained particles, installation rates, hydration methods, tamping, and other measures to prevent bridging.
(8) Bentonite grout shall not be used to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater. For wells installed on the barrier island from the Virginia state line south to Ocracoke Inlet, chloride concentrations shall be documented and reported as required by 15A NCAC 02C .0114(1)(E).
(9) The well shall be grouted within seven days after the casing is set. If the well penetrates any water-bearing zone that contains saline water, the well shall be grouted within one day after the casing is set.
(10) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing.
(11) If grouting is required by the provisions of this Section, the grout shall extend outward in all directions from the casing wall to a minimum thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater.
(12) In no case shall a well be required to have an annular grout seal thickness greater than four inches.
(13) For wells constructed in locations where flowing artesian conditions are encountered the well shall be grouted to protect the artesian aquifer, prevent erosion of overlying material, and confine the flow within the casing.
(g) Well Screens.
(1) The well, if constructed to obtain water from an unconsolidated rock formation, shall be equipped with a screen that will prevent the entrance of formation material into the well after the well has been developed and completed.
(2) The well screen shall be of a design to permit the optimum development of the aquifer with minimum head loss consistent with the intended use of the well. The openings shall be designed to prevent clogging and shall be free of rough edges, irregularities, or other defects that may accelerate or contribute to corrosion or clogging.
(3) Multi-screen wells shall not connect aquifers or zones that have differences in water quality or potentiometric surfaces that would result in contamination of any aquifer or zone.
(h) Gravel and Sand-Packed Wells.
(1) In constructing a gravel-or sand-packed well:
(A) The packing material shall be composed of quartz, granite, or similar mineral or rock material and shall be of uniform size, water-washed, and free from clay, silt, and toxic materials.
(B) The size of the packing material shall be determined from a grain size analysis of the formation material and shall be of a size sufficient to prohibit the entrance of formation material into the well in concentrations above those permitted by Paragraph (i) of this Rule.
(C) The packing material shall be placed in the annular space around the screens and casing by a fluid circulation method to ensure accurate placement and avoid bridging.
(D) The packing material shall be disinfected.
(2) The packing material shall not connect aquifers or zones that have differences in water quality that would result in contamination of any aquifer or zone.
(i) All water supply wells shall be developed by the well contractor. Development shall include removal of formation materials, mud, drilling fluids, and additives, such that the water contains no more than:
(1) Five milliliters per liter of settleable solids; and
(2) Ten NTUs of turbidity as suspended solids.
Development does not require efforts to reduce or eliminate the presence of dissolved constituents that are indigenous to the ground water quality in that area.
(j) Well Head Completion.
(1) Access Port. Every water supply well shall be equipped with a usable access port or air line, except for the following: a multi-pipe deep well with jet pump or adapter mounted on the well casing or well head; and wells with casing two inches or less in diameter if a suction pipe is connected to a suction lift pump. The access port shall be at least one half inch inside the diameter opening so that the position of the water level can be determined. The port shall be installed and maintained in such manner as to prevent entrance of water or foreign material.
(2) Well Contractor Identification Plate.
(A) An identification plate, showing the well contractor and certification number and the information specified in Part (j)(2)(E) of this Rule, shall be installed on the well within 72 hours after completion of the drilling.
(B) The identification plate shall be constructed of a durable weatherproof, rustproof metal or other material approved by the Department as equivalent.
(C) The identification plate shall be permanently attached to either the aboveground portion of the well casing, surface grout pad, or enclosure floor around the casing where it is visible and in a manner that does not obscure the information on the identification plate.
(D) The identification plate shall not be removed.
(E) The identification plate shall be stamped to show the following:
(i) the total depth of well;
(ii) the casing depth (feet) and inside diameter (inches);
(iii) the screened intervals of screened wells;
(iv) the packing interval of gravel-packed or sand-packed wells;
(v) the yield, in gallons per minute (gpm) or specific capacity in gallons per minute per foot of drawdown (gpm/ft. of drawdown);
(vi) the static water level and the date it was measured;
(vii) the date the well was completed.
(3) Pump Installation Information Plate.
(A) An information plate, showing the well contractor and certification number of the person installing the pump and the information specified in Part (j)(3)(D) of this Rule, shall be permanently attached to either the aboveground portion of the well casing, the surface grout pad, or the enclosure floor, if present, where it is visible and in a manner that does not obscure the information on the identification plate, within 72 hours after completion of the pump installation;
(B) The information plate shall be constructed of a durable, waterproof, rustproof metal or other material approved by the Department;
(C) The information plate shall not be removed; and
(D) The information plate shall be stamped or engraved to show the following:
(i) the date the pump was installed;
(ii) the depth of the pump intake; and
(iii) the horsepower rating of the pump.
(4) Controlled flow. Every artesian flowing well shall be constructed, equipped, and operated to prevent the uncontrolled discharge of groundwater. Flow discharge control shall be provided to conserve the groundwater resource and prevent or reduce the loss of artesian hydraulic head. Flow control may consist of valved pipe connections, watertight pump connections, receiving tank, flowing well pitless adapter, packer, or other methods approved by the Department to prevent the loss of artesian hydraulic head and stop the flow of water as referenced in G.S. 87-88(d). Well owners shall be responsible for the operation and maintenance of the valve.
(5) Pitless adapters or pitless units shall be allowed as a method of well head completion under the following conditions:
(A) Design, installation, and performance standards are those specified in PAS-97(04), which is hereby incorporated by reference including subsequent amendments and editions and can be obtained from the Water System Council National Programs Office, 1101 30th Street, N.W., Suite 500, Washington, DC 20007 at no cost;
(B) The pitless device is compatible with the well casing;
(C) The top of the pitless unit extends at least 12 inches above land surface;
(D) The excavation surrounding the casing and pitless device is filled with grout from the top of the casing grout to the land surface; and
(E) The pitless device has an access port.
(6) All openings for piping, wiring, and vents shall enter into the well at least 12 inches above land surface, except where pitless adapters or pitless units are used, and shall be sealed to preclude the entrance of contaminants into the well. The final land surface grade adjacent to the well head shall be such that surface water is diverted away from the well.
History Note: Authority G.S. 87-87; 87-88; S.L. 2018-65;
Eff. February 1, 1976;
Amended Eff. May 14, 2001; December 1, 1992; March 1, 1985; September 1, 1984; April 20, 1978;
Temporary Amendment Eff. August 3, 2001;
Amended Eff. September 1, 2009; August 1, 2002;
Readopted Eff. June 15, 2020.
15A NCAC 02C .0108 STANDARDS OF CONSTRUCTION: WELLS OTHER THAN WATER SUPPLY
(a) No well shall be located, constructed, operated, or repaired in any manner that may adversely impact the quality of groundwater.
(b) Injection wells shall conform to the standards set forth in Section .0200 of this Subchapter.
(c) Monitoring wells and recovery wells shall be located, designed, constructed, operated, and abandoned with materials and by methods that are compatible with the chemical and physical properties of the contaminants involved, specific site conditions, and specific subsurface conditions.
(d) Monitoring well and recovery well boreholes shall not penetrate to a depth greater than the depth to be monitored or the depth from which contaminants are to be recovered. Any portion of the borehole that extends to a depth greater than the depth to be monitored or the depth from which contaminants are to be recovered shall be grouted completely to prevent vertical migration of contaminants.
(e) The well shall not hydraulically connect:
(1) separate aquifers; or
(2) those portions of a single aquifer where contamination occurs in separate and definable layers within the aquifer.
(f) The well construction materials used shall be structurally stable, corrosion resistant, and non-reactive based upon the depth of the well and any contaminants to be monitored or recovered.
(g) The well shall be constructed in such a manner that water or contaminants from the land surface cannot migrate along the borehole annulus into any packing material or well screen area.
(h) In non-water supply wells, packing material placed around the screen shall extend one foot or greater above the top of the screen and a one foot or greater thick seal, comprised of chip or pellet bentonite or other material approved by the Department as equivalent, shall be emplaced directly above and in contact with the packing material. If shallow groundwater is observed within five feet or less of land surface during well construction, the packing material and seal shall comply with Paragraph (j) of this Rule.
(i) In non-water supply wells, grout shall be placed in the annular space between the outermost casing and the borehole wall from the land surface to the top of the bentonite seal above any well screen or to the bottom of the casing for open end wells. The grout shall comply with Paragraph (e) of Rule .0107 of this Section.
(j) For non-water supply wells in which the stabilized water table is visible within five feet of land surface during well installation or field investigation activities, well construction shall meet each of the following requirements:
(1) Packing material placed in the annular space around the well screen shall extend six inches or greater above the top of the screen;
(2) A six-inch or greater thick seal comprised of chip or pellet bentonite shall be placed in the annular space above and in direct contact with the packing material;
(3) A one-foot or greater seal of concrete or cement grout shall be installed in the annular space from land surface to the top of the bentonite seal (upper one foot of well horizon); and
(4) Shallow wells of this class shall be equipped with a two-foot or greater concrete pad around the well, flush with the land surface to prevent surface water infiltration.
If a well is installed under this Paragraph, the existence of a shallow water table shall be verified by a NC certified well contractor, licensed professional engineer, geologist, or soil scientist and noted on all documents or reporting forms submitted.
(k) All wells shall be grouted within seven days after the casing is set. If the well penetrates any water-bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casing is set.
(l) All non-water supply wells, including temporary wells, shall be secured with a locking well cap to ensure against unauthorized access and use.
(m) All non-water supply wells shall be equipped with a steel outer well casing or flush-mount cover, set in concrete, and other measures to protect the well from damage by normal site activities.
(n) Any well that would flow under natural artesian conditions shall be valved so that the flow can be regulated.
(o) In non-water supply wells, the well casing shall be terminated no less than 12 inches above land surface unless all of the following conditions are met:
(1) site-specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; and
(2) the well head is completed in such a manner so as to preclude surficial contaminants from entering the well.
(p) Each non-water supply well shall have permanently affixed an identification plate. The identification plate shall be constructed of a durable, waterproof, or rustproof material and shall contain the following information:
(1) well contractor's name and certification number;
(2) the date the well was completed;
(3) the total depth of the well;
(4) a warning that the well is not for water supply and that the groundwater may contain hazardous materials;
(5) the depth to the top and bottom of each screen; and
(6) the well identification number or name assigned by the well owner.
(q) Each non-water supply well shall be developed such that the level of turbidity or settleable solids does not preclude accurate chemical analyses of any fluid samples collected or adversely affect the operation of any pumps or pumping equipment.
(r) Wells constructed for the purpose of monitoring or testing for the presence of liquids associated with tanks regulated under 15A NCAC 02N shall be constructed in accordance with 15A NCAC 02N .0504.
(s) Wells constructed for the purpose of monitoring for the presence of vapors associated with tanks regulated under 15A NCAC 02N shall:
(1) be constructed in such a manner as to prevent the entrance of surficial contaminants or water into or alongside the well casing; and
(2) be provided with a locking well cap to ensure against unauthorized access and use.
(t) Temporary wells and all other non-water supply wells shall be constructed in such a manner as to preclude the vertical migration of contaminants within and along the borehole channel.
(u) Geotechnical borings advanced for building activities, such as foundation testing and road bed strength evaluations shall not be considered wells as defined in G.S. 87-85(14) if they are immediately abandoned after use pursuant to Rule .0113(d)(1) of this Section. These borings shall not require submittal of a well construction or abandonment record pursuant to Rule .0114 of this Section.
(v) Soil borings advanced for such activities as collecting soil samples for contamination assessment or characterization soil profiles shall not be considered wells as defined in G.S. 87-85(14) if they are not intended to penetrate the water table and are abandoned after samples are collected pursuant to Rule .0113(d)(1) of this Section. These borings shall not require submittal of a well construction or well abandonment records pursuant to Rule .0114 of this Section.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0109 PUMPS AND PUMPING EQUIPMENT
(a) The pumping capacity of the pump shall be consistent with the intended use and yield characteristics of the well.
(b) The pump and related equipment for the well shall be located to permit easy access and removal for repair and maintenance.
(c) The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation.
(d) In installations where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a watertight seal.
(e) The well head shall be equipped with a screened vent to allow for the pressure changes within the well unless a suction lift pump or single-pipe jet pump is used or artesian flowing well conditions are encountered.
(f) The person installing the pump in any water supply well shall install a threadless sampling tap at the wellhead for obtaining water samples except:
(1) In the case of suction pump or offset jet pump installations the threadless sampling tap shall be installed on the return (pressure) side of the pump piping; and
(2) In the case of pitless adapter installations, the threadless sampling tap shall be located upstream of the water storage tank.
The threadless sampling tap shall be turned downward, located a minimum of 12 inches above land surface, floor, or well pad, and positioned such that a water sample can be obtained without interference from any part of the wellhead. If the wellhead is also equipped with a threaded hose bibb in addition to the threadless sampling tap, the hose bibb shall be fitted with a backflow preventer or vacuum breaker.
(g) A priming tee shall be installed at the well head in conjunction with offset jet pump installations.
(h) Joints of any suction line installed underground between the well and pump shall be tight under system pressure.
(i) The drop piping and electrical wiring used in connection with the pump shall meet all applicable underwriters specifications.
(j) Only potable water shall be used for priming the pump.
(k) Any materials containing lead shall meet NSF 61 standards.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, December 1, 1992; April 20, 1978;
Readopted Eff. September 1, 2019.
15A ncac 02c .0110 WELL TESTS FOR YIELD
(a) Every domestic well shall be tested for capacity by one of the following methods:
(1) Pump Method
(A) select a permanent measuring point, such as the top of the casing;
(B) measure and record the static water level below or above the measuring point prior to starting the pump;
(C) measure and record the discharge rate at intervals of 10 minutes or less;
(D) measure and record water levels using a steel or electric tape at intervals of 10 minutes or less;
(E) continue the test for a period of at least one hour; and
(F) make measurements within an accuracy of plus or minus one inch.
(2) Bailer Method
(A) select a permanent measuring point, such as the top of the casing;
(B) measure and record the static water level below or above the measuring point prior to starting the bailing procedure;
(C) bail the water out of the well for a period of one hour or longer;
(D) determine and record the bailing rate in gallons per minute at the end of the bailing period; and
(E) measure and record the water level after stopping bailing process.
(3) Air Rotary Drill Method
(A) measure and record the amount of water being injected into the well during drilling operations;
(B) measure and record the discharge rate in gallons per minute at intervals of one hour or less during drilling operations;
(C) after completion of the drilling, continue to blow the water out of the well for 30 minutes or longer and measure and record the discharge rate in gallons per minute at intervals of 10 minutes or less during the period; and
(D) measure and record the water level after discharge ceases.
(4) Air Lift Method. Measurements shall be made through a pipe placed in the well. The pipe shall have an inside diameter of at least five-tenths of an inch or greater and shall extend from top of the well head to a point inside the well that is below the bottom of the air line.
(A) Measure and record the static water level prior to starting the air compressor;
(B) Measure and record the discharge rate at intervals of 10 minutes or less;
(C) Measure and record the pumping level using a steel or electric tape at intervals of 10 minutes or less; and
(D) Continue the test for a period of one hour or longer.
(b) Public, Industrial, and Irrigation Wells. Every industrial or irrigation well and, if required by rule adopted by the Commission for Public Health, every well serving a public water supply system upon completion shall be tested for capacity by the following or equivalent method:
(1) The water level in the well to be pumped and in all observation wells shall be measured and recorded prior to starting the test.
(2) The well shall be tested by a pump of sufficient size and lift capacity to test the yield of the well, consistent with the well diameter and purpose.
(3) The pump shall be equipped with throttling devices to reduce the discharge rate to approximately 25 percent of the maximum capacity of the pump.
(4) The test shall be conducted for a period of 24 hours or longer without interruption and, except for wells constructed in Coastal Plain aquifers, shall be continued for a period of four hours or longer after the pumping water level stabilizes.
(5) The pump discharge shall be set at a constant rate or rates that can be maintained throughout the testing period. If the well is tested at two or more pumping rates (a step-drawdown test), pumping at each pumping rate shall continue to the point that the pumping water level declines no more than 0.1 feet per hour for a period of four hours or more for each pumping rate, except for wells constructed to Coastal Plain aquifers. In wells constructed in Coastal Plain aquifers, pumping at each pumping rate shall continue for four hours or longer.
(6) The pump discharge rate shall be measured by an orifice meter, flowmeter, weir, or equivalent metering device. The metering device used shall have a calibration accuracy within plus or minus five percent of a known standard.
(7) The discharge rate of the pump and time shall be measured and recorded at intervals of 10 minutes or less during the first two hours of the pumping period for each pumping rate. If the pumping rate is constant after the first two hours of pumping, discharge measurements and recording may be made at longer time intervals not to exceed one hour.
(8) The water level in each well and time shall be measured and recorded at intervals of five minutes or less during the first hour of pumping and at intervals of 10 minutes or less during the second hour of pumping. After the second hour of pumping, the water level in each well shall be measured at such intervals that the lowering of the pumping water level does not exceed three inches between measurements.
(9) A reference point for water level measurements shall be selected and recorded for the pumping well and each observation well to be measured during the test. All water level measurements shall be made from the selected reference points, which shall be permanently marked.
(10) All water level measurements shall be made with a steel or electric tape or equivalent measuring device.
(11) All water level measurements shall be made within an accuracy of plus or minus one inch or to 0.1 foot.
(12) After the completion of the pumping period, measurements of the water level recovery rate in the pumped well shall be made in the same manner as the drawdown for a period of two hours or greater.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978;
Readopted Eff. September 1, 2019.
15A ncac 02c .0111 DISINFECTION OF WATER SUPPLY WELLS
(a) Any person constructing, repairing, testing, or performing maintenance or installing a pump in a water supply well shall disinfect the well upon completion of construction, repairs, testing, maintenance, or pump installation.
(b) Any person disinfecting a well shall perform disinfection in accordance with the following procedures:
(1) Chlorination.
(A) Hypochlorite shall be placed in the well in sufficient quantities to produce a chlorine residual of at least 100 parts per million (ppm) in the well. Stabilized chlorine tablets or hypochlorite products containing fungicides, algaecides, or other disinfectants shall not be used. Chlorine test strips or other quantitative test methods shall be used to confirm the concentration of the chlorine residual.
(B) The hypochlorite shall be placed in the well by one of the following or equivalent methods:
(i) Granular hypochlorite may be dropped in the top of the well and allowed to settle to the bottom; or
(ii) Hypochlorite solutions shall be placed in the bottom of the well by using a bailer or by pouring the solution through the drill rod, hose, or pipe placed in the bottom of the well. The solution shall be flushed out of the drill rod, hose, or pipe by using water or air.
(C) The water in the well shall be agitated or circulated to ensure thorough dispersion of the chlorine.
(D) The well casing, pump column, and any other equipment above the water level in the well shall be rinsed with the chlorine solution as a part of the disinfecting process.
(E) The chlorine solution shall stand in the well for a period of 24 hours or more.
(F) The well shall be pumped until there is no detectable total chlorine residual in water pumped from the well before the well is placed in use.
(2) Other alternate materials and methods of disinfection, at least as effective as those set forth in Subparagraph (b)(1) of this Rule, may be used upon prior approval by the Department. A written request for approval of alternate disinfection methods or materials shall be submitted to the Director and will be approved or denied on a case-by-case basis following a review of the information submitted in this Subparagraph. The written request shall include the following information:
(A) a demonstration that the method of disinfection will be at least as effective as chlorination as described under in Subparagraph (b)(1) of this Rule;
(B) a demonstration of non-toxicity, such as ANSI or NSF Standard certification or EPA studies;
(C) the general procedures for the disinfection and emplacement, including the amount of product to be used per unit volume of the well;
(D) a demonstration that, after disinfection is completed, the water within the well will meet 15A NCAC 02L groundwater standards; and
(E) any other information requested by the Department to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; July 1, 1988; September 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAc 02c .0112 WELL MAINTENANCE: REPAIR: GROUNDWATER RESOURCES
(a) A well that is not maintained by the owner to conserve and protect the groundwater resources or that constitutes a source or channel of contamination to the water supply or any aquifer shall be permanently abandoned in accordance with Rule .0113(b) of this Section.
(b) Wells that are used for dewatering shall be permanently abandoned in accordance with Rule .0113(b) of this Section within 30 days of completion of the dewatering activity.
(c) All materials used in the maintenance, replacement, or repair of any well shall be in accordance with Rules .0107 and .0108 of this Section.
(d) Broken, punctured, or otherwise defective or unserviceable casing, screens, fixtures, seals, or any part of the well head shall be repaired or replaced, or the well shall be permanently abandoned in accordance with Rule .0113(b) of this Section.
(e) NSF International approved PVC pipe rated at 160 PSI may be used for liner pipe. The annular space around the liner casing shall be five-eighths inches or greater and shall be completely filled with neat-cement grout or sand cement grout. The well liner shall be completely grouted within 10 working days after collection of water samples or completion of other testing to confirm proper placement of the liner or within 10 working days after the liner has been installed if no sampling or testing is performed.
(f) No well shall be repaired or altered such that the well head is completed less than 12 inches above land surface. Any grout excavated or removed as a result of the well repair shall be replaced in accordance with Rule .0107(f) of this Section.
(g) Well rehabilitation by noncontinuous chemical treatment shall be conducted using methods and materials approved by the Department based on a demonstration that the materials and methods used will not create a violation of groundwater standards in 15A NCAC 02L, including rendering the groundwater unsuitable for its intended best use after completion of the rehabilitation. A written request for approval of a noncontinuous chemical treatment shall be submitted to the Director and shall include the following information:
(1) a demonstration of non-toxicity, such as ANSI or NSF Standard certification or EPA studies;
(2) the general procedures for the rehabilitation, including the amount of product to be used per unit volume of the well;
(3) a demonstration that, after rehabilitation is completed, the water within the well will meet 15A NCAC 02L groundwater standards;
(4) a description of the dosing frequency; and
(5) after submittal of request, any other information necessary for the Department to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009, August 1, 2002; April 1, 2001; December 1, 1992; September 1, 1984;
Readopted Eff. September 1, 2019.
15a ncac 02c .0113 ABANDONMENT OF WELLS
(a) A well that is temporarily removed from service shall be temporarily abandoned in accordance with the following procedures:
(1) The well shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85(16), compatible with the casing and installed so that it cannot be removed without the use of hand tools or power tools.
(2) The well shall be maintained whereby it is not a source or channel of contamination during temporary abandonment.
(b) Permanent abandonment of water supply wells other than bored or hand dug wells shall be performed in accordance with the following procedures:
(1) All casing and screen materials may be removed prior to initiation of abandonment procedures if such removal will not cause or contribute to contamination of the groundwaters.
(2) The entire depth of the well shall be sounded before it is sealed to ensure freedom from obstructions that may interfere with sealing operations.
(3) Except in the case of temporary wells and monitoring wells, the well shall be disinfected in accordance with Rule .0111(b)(1)(A) through .0111(b)(1)(C) of this Section.
(4) In the case of gravel-packed wells in which the casing and screens have not been removed, neat-cement or bentonite slurry grout shall be injected into the well, completely filling it from the bottom of the casing to the top.
(5) Wells constructed in unconsolidated formations shall be completely filled with grout by introducing it through a pipe extending to the bottom of the well that can be raised as the well is filled.
(6) Wells constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled with grout, sand, gravel or drill cuttings within the zones of consolidated rock. The top of any sand, gravel or cutting fill shall terminate at least 10 feet below the top of the consolidated rock or five feet below the bottom of casing. Grout shall be placed beginning 10 feet below the top of the consolidated rock or five feet below the bottom of casing in a manner to ensure complete filling of the casing, and extend up to the land surface. For any well in which the depth of casing or the depth of the bedrock is not known or cannot be confirmed, the entire length of the well shall be filled with grout up to the land surface.
(c) For bored wells or hand dug water supply wells constructed into unconsolidated material:
(1) The well shall be disinfected in accordance with Rule .0111(b)(1)(A) through .0111(b)(1)(C) of this Section.
(2) All plumbing or piping in the well and any other obstructions inside the well shall be removed from the well.
(3) The uppermost three feet of well casing shall be removed from the well.
(4) All soil or other subsurface material present down to the top of the remaining well casing shall be removed, including the material extending 12 inches or greater outside of the well casing;
(5) The well shall be filled to the top of the remaining casing with grout, dry clay, or material excavated during construction of the well. If dry clay or material excavated during construction of the well is used, it shall be emplaced in lifts no more than five feet thick, each compacted in place prior to emplacement of the next lift.
(6) A six-inch thick concrete grout plug shall be placed on top of the remaining casing such that it covers the entire excavated area above the top of the casing, including the area extending 12 inches or greater outside the well casing.
(7) The remainder of the well above the concrete plug shall be filled with grout or soil.
(d) All wells other than water supply wells, including temporary wells, monitoring wells, or test borings:
(1) less than 20 feet in depth that do not penetrate the water table shall be abandoned by filling the entire well up to land surface with grout, dry clay, or material excavated during drilling of the well and then compacted in place;
(2) greater than 20 feet in depth or that penetrate the water table shall be abandoned by completely filling with a bentonite or cement - type grout; and
(3) constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled with grout, sand, gravel, or drill cuttings within the zones of consolidated rock. The top of any sand, gravel or cutting fill shall terminate 10 feet or greater below the top of the consolidated rock or five feet below the bottom of the casing. Grout shall be placed beginning 10 feet below the top of the consolidated rock or five feet below the bottom of the casing in a manner to ensure complete filling of the casing and shall extend up to the land surface. For any well in which the depth of the casing or the depth of the bedrock is not known or cannot be confirmed, the entire length of the well shall be filled with grout up to the land surface.
(e) Any well that acts as a source or channel of contamination shall be repaired or permanently abandoned within 30 days of receipt of notice from the Department.
(f) All wells shall be permanently abandoned in which the casing has not been installed or from which the casing has been removed, prior to removing drilling equipment from the site.
(g) The well owner is responsible for permanent abandonment of a well except that:
(1) the well contractor is responsible for well abandonment if abandonment is required because the well contractor improperly locates, constructs, repairs or completes the well;
(2) the person who installs, repairs or removes the well pump is responsible for well abandonment if that abandonment is required because of improper well pump installation, repair or removal; or
(3) the well contractor (or individual) who conducts a test boring is responsible for its abandonment at the time the test boring is completed.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978;
Readopted Eff. September 1, 2019.
15A NCAc 02c .0114 DATA AND RECORDS REQUIRED
Reports.
(1) A person completing or abandoning a well, including wells installed using direct push technology (DPT)(e.g., Geoprobe®), shall submit to the Division a record of the construction, on form GW-1, or abandonment, on form GW-30. For water supply wells, a copy of each completion or abandonment record shall also be submitted to the health department responsible for the county in which the well is located. The record shall be on forms provided by the Division and shall include:
(A) a certification that construction or abandonment was completed as required by this Section;
(B) the owner's name and address;
(C) the latitude and longitude of the well with a position accuracy of 100 feet or less;
(D) the diameter, depth, and yield of the well;
(E) the chloride concentration for wells installed in the area delineated in Rule .0107(f)(8) of this Section; and
(F) after submittal of form, any other information necessary as requested by the Department to ensure compliance with G.S. 87-84.
(2) The certified record of completion or abandonment shall be submitted within a period of thirty days after completion or abandonment. For multiple DPT/Geoprobe® wells having the same construction, only one GW-1 or GW-30 is required to be submitted if the total number of wells is indicated on the form.
(3) Furnishing of records to any person or agency other than the Division shall not constitute compliance with the reporting requirement and shall not relieve the well contractor of his or her reporting requirement to the Division.
History Note: Authority G.S. 87-87; 87-88;
Eff. February 1, 1976;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0115 DIAGRAMS AND FORMS
History Note: Authority G.S. 87-87;
Eff. February 1, 1976;
Amended Eff. April 20, 1978;
Repealed Eff. September 1, 1984.
15A NCAC 02C .0116 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO LESS THAN 20 FEET
(a) If the best or only source of potable water exists between 10 and 20 feet below the surface of the land, water supply wells may be cased to a depth less than 20 feet in the following areas:
(1) in Currituck County in an area between the sound and a line beginning at the end of SR 1130 near Currituck Sound, thence north to the end of SR 1133, thence north to the end of NC 136 at the intersection with the sound;
(2) on the barrier island from the Virginia state line, south to Ocracoke Inlet;
(3) all areas lying between the Intracoastal Waterway and the ocean from New River Inlet south to New Topsail Inlet; and
(4) all areas lying between the Intracoastal Waterway and the ocean from the Cape Fear River south to the South Carolina line.
(b) Pursuant to Rule .0118 of this Section, water supply wells may be cased to a depth less than 20 feet, if:
(1) the only or best source of drinking water in the area exists between a depth of 10 and 20 feet below the surface of the land; and
(2) using this source of water in the area is in the best interest of the public.
(c) In all other areas, the source of water shall be at least 20 feet below land surface. However, when adequate quantities of potable water cannot be obtained below a depth of 20 feet, the source of water may be obtained from unconsolidated rock formations at depths less than 20 feet provided that:
(1) adequate quantities of water of acceptable quality for the intended use is not available to a minimum depth of 50 feet can be shown to exist;
(2) the proposed source of water is the maximum feasible depth above 20 feet, but in no case less than 10 feet; and
(3) the regional office of the Department is notified prior to the construction of a well obtaining water from a depth between 10 and 20 feet below land surface.
History Note: Authority G.S. 87-87;
Eff. April 20, 1978;
Amended Eff. September 1, 2009; December 1, 1992; July 1, 1988; September 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAc 02c .0117 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO MINIMUM DEPTH OF 43 FEET
Water supply wells constructed in the following areas or within 400 feet of the following areas shall be cased to a minimum depth of 43 feet and grouted to a depth of 20 feet:
(1) Anson County generally west of a line beginning at the intersection of the runs of the Pee Dee River and Buffalo Creek, thence generally northeast to SR 1627, thence generally south along SR 1627 to the intersection with SR 1632, thence generally west along SR 1632 to the intersection with US 52, thence generally south along US 52 to the intersection with SR 1418, thence generally southwest along SR 1418 to the intersection of NC 218, thence south along NC 218 to the intersection with US 74, thence generally west along US 74 to the intersection of SR 1251, thence generally southwest along SR 1251 to the intersection with SR 1240, thence generally southeast along SR 1240 to the intersection with SR 1252, thence generally south along SR 1252 to the intersection with SR 1003, thence generally west along SR 1003 to the Union County line;
(2) Cabarrus County generally east of a line beginning at the intersection of SR 1113 and the Union County line, thence generally northeast along SR 1113 to the intersection with SR 1114, thence generally east along SR 1114 to the Stanly County line, thence generally northeast along the county line to the intersection with SR 1100, thence generally northeast along SR 1100 to the intersection of with SR 2622, thence generally southeast along SR 2622 to the intersection with SR 2617, thence generally northeast along SR 2617 to the intersection with SR 2611, thence generally north along SR 2611 to the intersection with NC 73, thence generally east along NC 73 to the intersection with SR 2453, thence generally northeast along SR 2453 to the intersection with SR 2444, thence generally northeast along SR 2444 to the Rowan County line;
(3) Davidson County generally east of a line starting at the intersection of the runs of Abbotts Creek and the Yadkin River in High Rock Lake, thence generally north along Abbotts Creek to NC 8 bridge, thence generally north along NC 8 to the intersection with Interstate 85, thence generally northeast along Interstate 85 to the intersection with US 64, thence generally southeast along US 64 to the Randolph County line;
(4) Montgomery County generally west of a line beginning at the intersection of SR 1134 with the Randolph County line, thence generally south along SR 1134 to the intersection with SR 1303, thence generally south along SR 1303 to the intersection with NC 109, thence generally southeast along NC 109 to the intersection with SR 1150, thence generally south along SR 1150 to the intersection with NC 73, thence generally southeast along NC 73 to the intersection with SR 1227, thence generally east along SR 1227 to the intersection with SR 1130, thence generally northeast along SR 1130 to the intersection with SR 1132, thence generally southeast along SR 1132 to the intersection with SR 1174, thence generally east along SR 1174 to the intersection with NC 109, thence generally north along NC 109 to the intersection with SR 1546, generally southeast along SR 1546 to the intersection of SR 1543, thence generally south along SR 1543 to the intersection with NC 731, thence generally west along NC 731 to the intersection with SR 1118, thence generally southwest along SR 1118 to the intersection with SR 1116, thence generally west along SR 1116 to the intersection with NC 109, thence generally south along NC 109 to the intersection with the Richmond County line;
(5) Randolph County generally west of a line beginning at the intersection of US 64 with the Davidson County line, thence generally east along US 64 to the intersection with NC 49, thence generally southwest along NC 49 to the intersection with SR 1107, thence generally south along SR 1107 to the intersection with SR 1105, thence southeast along SR 1105 to the intersection with the Montgomery County line;
(6) Rowan County generally east of a line beginning at the intersection of SR 2352 with the Cabarrus County line, thence generally northeast along SR 2352 to the intersection with SR 2353, thence generally north along SR 2353 to the intersection with SR 2259, thence generally northeast along SR 2259 to the intersection with SR 2142, thence north along SR 2142 to the intersection with SR 2162, thence generally northeast along SR 2162 to the intersection with the run of the Yadkin River in High Rock Lake;
(7) Union County generally east of a line beginning at the intersection of SR 1117 with the South Carolina-North Carolina State line, thence generally north along SR 1117 to the intersection with SR 1111, thence generally northwest along SR 1111 to the intersection with NC 75, thence generally northwest along NC 75 to the intersection with NC 16, thence generally north along NC 16 to the intersection with SR 1008, thence generally northeast along SR 1008 to the intersection with SR 1520, thence generally northeast along SR 1520 to the intersection with NC 218, thence generally east along NC 218 to the intersection with US 601, thence generally north along US 601 to the intersection with SR 1600, thence generally northeast along SR 1600 to the intersection with the Cabarrus County line; and
(8) Stanly County -- all.
History Note: Authority G.S. 87-87; S.L. 2018-65
Eff. April 20, 1978;
Amended Eff. September 1, 2009, April 1, 2001;
Readopted Eff. June 15, 2020.
15A NCAC 02c .0118 VARIANCE
(a) The Secretary may grant a variance from any construction standard under the rules of this Section, as set forth in Rule .0119 of this Section. Any variance request shall be submitted using the official form approved the Division as set forth in Paragraph (b) of this Rule and may be granted by the Secretary to the person responsible for the construction of the well for which the variance is sought, if:
(1) the use of the well will not endanger human health and welfare or the groundwaters; and
(2) construction in accordance with the standards is not technically feasible in such a manner as to afford a reasonable water supply at a reasonable cost.
(b) The variance request application form shall be submitted to the Division and shall include the following:
(1) the owner's name, mailing address, and Email address;
(2) the owner's telephone number(s);
(3) the physical location of the well site;
(4) the well contractor's name and State certification number;
(5) the well contractor's mailing address and Email address;
(6) the well contractor's telephone number(s);
(7) a map of the site, to scale, showing the locations of all existing and proposed well(s) in relation to:
(A) road names and property boundaries;
(B) buildings and structures;
(C) other wells;
(D) surface water bodies; and
(E) known sources of contamination;
(8) the reason for the variance request;
(9) a construction diagram of the proposed well(s) including specifications describing all atypical materials or methods to be used and means for assuring the integrity and quality of the finished well(s);
(10) a copy of the local well application and permit, if applicable;
(11) the signatures of the well contractor and well owner(s); and
(12) after submittal of form, any other information necessary as requested by the Department to ensure compliance with G.S. 87-84.
(c) The Secretary may impose such conditions on a variance or the use of a well for which a variance is granted and is necessary to ensure compliance with G.S. 87-84. The facts supporting any variance under this Rule shall be in writing and made part of the variance.
(d) The Secretary shall respond in writing to a request for a variance within 30 days after the receipt of the variance request.
(e) A variance applicant who is dissatisfied with the decision of the Secretary may commence a contested case by filing a petition under G.S. 150B-23 within 60 days after receipt of the decision.
History Note: Authority G.S. 87-84; 87-87; 87-88; 143-215.3(a)(4);
Eff. April 20, 1978;
Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1, 1988; September 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0119 DELEGATION
(a) The Secretary is delegated the authority to grant permission for well construction under G.S. 87-87.
(b) The Secretary is delegated the authority to give notices and sign orders for violations under G.S. 87-91.
(c) The Secretary may grant a variance from any construction standard, or the approval of alternate construction methods or materials, specified under Rule .0118 of this Section.
History Note: Authority G.S. 143-215.3(a)(4);
Eff. March 1, 1985;
Amended Eff. October 1, 2009; December 1, 1992;
Readopted Eff. September 1, 2019.
SECTION .0200 - CRITERIA AND STANDARDS APPLICABLE TO INJECTION WELLS
15A NCAC 02C .0201 PURPOSE
The rules in this Section establish classes of injection wells and set forth requirements and procedures for permitting, constructing, operating, monitoring, reporting, and abandoning approved types of injection wells. They also establish standards for abandoning, monitoring, and reporting non-permitted wells used for the injection of wastes or any substance of a composition and concentration such that, if it were discharged to the land or waters of the State, would adversely affect human health or would otherwise render those waters unsuitable for their best intended usage. Except as provided for in G.S. 143-215.1A, the discharge of any wastes to the subsurface by means of wells is prohibited by G.S. 143-214.2(b).
History Note: Authority G.S. 87-84; 87-87; 87-88; 143-211; 143-215.1A;
143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0202 SCOPE
The rules in this Section apply to all construction, operation, use, modification, alteration, repair, and abandonment activities of all injection wells as defined herein. These Rules do not apply to subsurface distribution systems associated with sewage treatment and disposal permits issued in accordance with G.S. 130A.
History Note: Authority G.S. 87-86; 87-87; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0203 CONFLICT WITH OTHER LAWS, RULES, AND REGULATIONS
The provisions of any federal, county, or municipal laws, rules, or regulations establishing injection well standards affording greater protection to the public welfare, safety, and health and to the groundwater resources shall prevail, within the jurisdiction of such agency or municipality, over standards established by the rules in this Section.
History Note: Authority G.S. 87-87; 87-96; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. September 1, 1996;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0204 DEFINITIONS
In addition to the terms defined in Rule .0102 of this Subchapter, the following terms and phrases apply:
(1) "Abandonment or Plugging Record" means a listing of permanent or temporary abandonment of a well and may contain a well log or description of amounts and types of abandonment material used, the method employed for abandonment, a description of formation location, formation thickness, and location of abandonment structures.
(2) "Aquifer Storage and Recovery Well (ASR)" means a well that is used to inject potable water for the purposes of subsurface storage and for later recovery of the injected water.
(3) "Area of Review" means the area around an injection well as specified in each applicable rule.
(4) "Best intended usage" means best usage as used in 15A NCAC 02L .0201 for each groundwater classification.
(5) "Catastrophic Collapse" means the collapse of overlying strata caused by removal of underlying materials.
(6) "Closed-Loop Geothermal Well System" means a system of continuous piping, part of which is installed in the subsurface via vertical or angled borings, through which moves a fluid that does not exit the piping, but is used to transfer heat energy between the subsurface and the fluid in association with a heating and cooling system. A variation of this type of system consists of the continuous piping emplaced into a water supply well such that the standing column of groundwater serves as the heat transfer medium.
(7) "Closed-Loop Groundwater Remediation System" is as defined in G.S. 143-215.1A.
(8) "Cluster" means two or more geothermal injection wells connected to the same manifold or header of a geothermal heating and cooling system.
(9) "Confined or Enclosed Space" means any space that has a restricted means of entry and exit and is subject to the accumulation of toxic or flammable contaminants or has an oxygen deficient atmosphere.
(10) "Confining Zone" means a geological formation, group of formations, or part of a formation that is capable of limiting movement of groundwater.
(11) "Contaminant" is as defined in 15A NCAC 02L .0102.
(12) "Flow Rate" means the volume per unit time of a fluid moving past a fixed reference point.
(13) "Fluid" means a material or substance which is capable of flowing whether in a semisolid, liquid, sludge, gas, or other form or state.
(14) "Formation Fluid" means fluid present in a formation under natural conditions. This shall not include introduced fluids, such as drilling mud and grout, used to facilitate the construction or development of a well.
(15) "Generator" means any person, identified by site location, whose act or process produces hazardous waste.
(16) "Groundwaters" mean those waters occurring in the subsurface under saturated conditions.
(17) "Hazardous Waste" means any solid, semisolid, liquid, or contained gaseous waste or combination thereof that, because of its quantity, concentration, or physical, chemical or infectious characteristic, may:
(a) cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(b) pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(18) "Hazardous Waste Management Facility" means all contiguous land and structures and other appurtenances and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them).
(19) "Hose Bibb or Tap" means a fluid sampling port located on or appurtenant to a well.
(20) "Hydraulic Conductivity" means the volume of water at the existing kinematic viscosity that will move in a porous medium in unit time under a unit hydraulic gradient through a unit area measured at right angles to the direction of flow.
(21) "Hydraulic or Pneumatic Fracturing" means the intentional act of injecting potable water, ambient air, or other approved fluids, which may carry a proppant, for the purpose of forming new fractures or propagating existing fractures in a geologic formation or portion thereof with the intent of increasing the formation's permeability.
(22) "Hydrostratigraphic Unit" means a body of rock or unconsolidated sediment distinguished and characterized by observable hydraulic properties that relate to its ability to receive, store, transmit, and yield water.
(23) "Infiltration gallery" means a subsurface ground absorption system designed for the introduction of treated wastewater into the subsurface environment.
(24) "Injectant" means a solid or fluid that is emplaced in the subsurface by means of an injection well.
(25) "Injection" means emplacement or discharge into the subsurface of a solid or fluid substance or material. This definition shall exclude drilling fluids, grout used in association with well construction or abandonment, and fluids used in connection with well development, disinfection, rehabilitation, or stimulation.
(26) "Injection Well" means any well as defined in G.S. 87-85 whose depth is greater than its largest surface dimension and that is used, or intended to be used, for the injection of fluids or solids into the subsurface or groundwaters.
(27) "Injection Zone" means a geological formation, group of formations, or part of a formation receiving solids or fluids through an injection well.
(28) "In-situ Thermal (IST) Well Systems" means a well or wells that are used to apply heat in a targeted subsurface zone to promote remediation, such as electrical resistance heating (ERH), thermal conductive heating (TCH), or steam enhanced extraction (SEE).
(29) "Lithology" means the description of rocks or sediments on the basis of their physical and chemical characteristics.
(30) "Lithostratigraphic Unit" means a body of rock or unconsolidated sediment that is distinguished and characterized by observable lithologic features or its position relative to other bodies of rock or unconsolidated sediment.
(31) "Mechanical Integrity" means:
(a) an absence of a leak in the casing, tubing, or packer of an injection well; and
(b) an absence of fluid movement through vertical channels adjacent to the injection well bore.
(32) "Operation" means any injection well or system.
(33) "Oversight agency" means the state or local agency with jurisdiction over a contamination incident.
(34) "Permit" means an authorization, license, or equivalent control document issued by the Director to implement the requirements of the rules of this Section.
(35) "Permitted by Rule" means that the injection activity is authorized by the rules of this Section and does not require the issuance of an individual permit when injection wells are constructed and operated in accordance with the rules of this Section.
(36) "Plug" means the act or process of stopping the flow of fluids into or out of a formation through a borehole or well penetrating that formation.
(37) "Potable Water" means those waters of the State that are suitable for drinking, culinary, or food processing purposes.
(38) "Pressure" means the total load or force per unit area acting on a surface.
(39) "Proppant" means a granular substance such as quartz sand or other material approved by the Department of Health and Human Services' Division of Public Health that is used to hold open cracks formed in the subsurface as a result of hydraulic or pneumatic fracturing.
(40) "Receptor" means any human, plant, animal, or structure that is, or has the potential to be, affected by the release or migration of contaminants. Any well constructed for the purpose of monitoring groundwater and contaminant concentrations shall not be considered a receptor.
(41) "Subsidence" means the lowering of the natural land surface in response to earth movements; reduction of formation fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.
(42) "Subsurface Distribution System" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids or solids below the surface of the ground.
(43) "Transmissivity" means the rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of an aquifer under a unit hydraulic gradient. It equals the hydraulic conductivity multiplied by the aquifer thickness.
(44) "Thermally Enhanced Grout" is a grout that is used to seal or grout water well annular spaces and geothermal ground source heat loops. It is engineered to provide efficient heat transfer and to create a low permeability seal.
(45) "Underground Sources of Drinking Water" means all underground waters of the State classified as existing or potential water supplies in 15A NCAC 02L.
(46) "Waste" is as defined in G.S. 143-213(18).
(47) "Waters" or "Waters of the State" is as defined in G.S. 143-212.
(48) "Water table" is as defined in 15A NCAC 02L .0102.
History Note: Authority G.S. 87-85; 87-87; 143-213; 143-215.1A;
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996; July 1, 1988; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0205 AREA OF REVIEW
History Note: Authority G.S. 87-87; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. September 1, 1996;
Repealed Eff. May 1, 2012.
15A NCAC 02C .0206 CORRECTIVE ACTION
(a) Injection wells not constructed in compliance with these Rules shall be brought into compliance with the rules in this Section or abandoned by the person responsible for the construction of the wells within 30 calendar days of becoming aware of any noncompliance.
(b) If operation of any injection facility is not in compliance with the requirements of the rules in this Section, or if continued operation of the injection facility threatens any water quality standard or classification established under the authority of G.S. 143-214.1, the owner of the injection facility shall:
(1) stop all injection activities;
(2) notify the Division orally by the close of the next business day and in writing within five calendar days of becoming aware of any noncompliance;
(3) perform a site assessment and submit the site assessment to the Division within 30 calendar days of notifying the Division. The Director may approve an alternate time period greater than 30 calendar days based on the severity and extent of noncompliance. The site assessment report shall include a description of:
(A) the source and cause of contamination;
(B) any imminent hazards to public health and safety and actions taken to mitigate them;
(C) all receptors and exposure pathways;
(D) the horizontal and vertical extent of soil and groundwater contamination and all factors affecting the contaminant transport; and
(E) any geological and hydrogeological features influencing the movement or chemical or physical character of the contaminants; and
(4) submit a corrective action plan and a proposed schedule for implementation of the corrective action to the Director for approval. In reviewing the proposed plan and schedule, the Director shall consider the compliance history of the well owner, the severity and extent of noncompliance, and any other criteria necessary for the protection of human health and the environment. The corrective action plan shall include:
(A) a description of the proposed corrective action and the reasons for its selection;
(B) specific plans, including engineering details where applicable, for restoring the groundwater quality and for restoring the integrity of the injection facility if the injection activity is to continue;
(C) a schedule for the implementation and operation of the proposed plan; and
(D) a monitoring plan for evaluating the effectiveness of the proposed corrective action.
History Note: Authority G.S. 87-87; 87-88; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0207 MECHANICAL INTEGRITY
(a) An injection well has internal mechanical integrity, meaning there is no leak in the casing, tubing, or packer, as demonstrated by one of the following methods:
(1) monitoring of the tubing-casing annulus pressure, following an initial pressure test, with sufficient frequency to be representative. This test shall be performed at the well head while maintaining an annulus pressure different from atmospheric pressure;
(2) pressure testing with liquid or gas; or
(3) any other method proposed by the permittee and approved by the Director as equally effective.
(b) An injection well has external mechanical integrity, meaning there is no fluid movement into groundwaters through vertical channels adjacent to the injection well bore, as determined by one of the following methods:
(1) the results of a temperature or noise log;
(2) grouting records plus predictive calculations demonstrating that the injection pressures will not exceed the strength of the grout; or
(3) any other method proposed by the permittee and approved by the Director as equally effective.
(c) In conducting and evaluating the tests enumerated in this Section or other tests allowed by the Director, the owner or operator shall apply methods and standards generally accepted in the industry. When the well owner or operator reports the results of mechanical integrity tests, a description of the tests and the methods used shall be included.
(d) The Director may require additional or alternative tests if the results presented by the owner or operator under Paragraph (c) of this Rule do not demonstrate that an injection well has mechanical integrity.
(e) If an injection well fails to demonstrate mechanical integrity, the well owner or operator shall take corrective action as specified in Rule .0206 of this Section.
History Note: Authority G.S. 87-87; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0208 FINANCIAL RESPONSIBILITY
When required by the rules of this Section, the permittee shall maintain and demonstrate financial responsibility and resources in the form of performance bonds, trust funds, surety bonds, letters of credit, financial tests, insurance or corporate guarantees, or other forms of financial assurances approved by the Director as equivalent to close, plug, and abandon the injection operation.
History Note: Authority G.S. 87-87; 87-88; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 40 C.F.R. 144.52(a)(7); 40 C.F.R. 145.11(a)(20);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0209 CLASSIFICATION OF INJECTION WELLS
Injection Wells are classified as follows:
(1) Class 1. No person shall construct, use, or operate an injection well of this class. This class applies to industrial, municipal, and nuclear disposal wells that are used to inject wastes beneath the lowermost formation containing underground sources of drinking water. A description of the primary function for wells of this class is as follows:
(a) Hazardous Waste Disposal Well. These wells are used by generators of hazardous wastes or owners of hazardous waste management facilities to inject hazardous waste.
(b) Industrial Disposal Well. These wells are used to inject non-hazardous industrial waste.
(c) Municipal Disposal Well. These wells are used to inject non-hazardous waste.
(d) Nuclear Disposal Well. These wells are used to inject nuclear waste.
(2) Class 2. No person shall construct, use, or operate an injection well of this class. This class applies to oil and gas production and storage related injection wells and includes wells that are used to inject fluids:
(a) that are brought to the surface in connection with natural gas storage operations or conventional oil or natural gas production;
(b) for enhanced recovery of oil or natural gas; and
(c) for storage of hydrocarbons that are liquid at standard temperature and pressure.
(3) Class 3. No person shall construct, use, or operate an injection well of this class. This class applies to wells that are used for the purpose of extraction of minerals or energy. A description of the primary function for wells of this class is as follows:
(a) In Situ Production of Uranium or Other Metals. This category includes only in-situ production from ore bodies that have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class 5.
(b) Solution Mining Well. These wells are used in the solution mining of salts or potash.
(c) Sulfur Mining Well. These wells are used in the mining of sulfur by the Frasch process.
(4) Class 4. No person shall construct, use, or operate an injection well of this class. This class applies to injection wells that are used to inject hazardous wastes into or above a formation containing an underground source of drinking water and includes wells used by:
(a) generators of hazardous wastes or radioactive wastes; and
(b) owners of hazardous waste management facilities, or radioactive waste disposal sites.
(5) Class 5. This class applies to all injection wells not included in Class 1, 2, 3, 4, or 6.
(a) The construction, use, or operation of the following Class 5 injection well types is prohibited. A description of the primary function for these prohibited Class 5 wells is as follows:
(i) Agricultural Drainage Well. These wells receive irrigation tailwaters, other field drainage, animal yard, feedlot, or dairy runoff;
(ii) Air Scrubber Waste Disposal Well. These wells are used to inject wastes from air scrubbers;
(iii) Gaseous Hydrocarbon Storage Well. These wells are used for the storage of hydrocarbons that are gases at standard temperature and pressure;
(iv) Groundwater Aquaculture Return Flow Well. These wells inject groundwater or surface water that has been used to support aquaculture;
(v) In-situ Fossil Fuel Recovery Well. These wells are used for the in-situ recovery of coal, lignite, oil shale, and tar sands;
(vi) Mining, Sand, or Other Backfill Well. These wells are used to inject a mixture of fluid and sand, mill tailings, and other solids into mined out portions of subsurface mines, whether the injectant is a radioactive waste or not. This also includes wells used to control mine fires and acid mine drainage wells;
(vii) Motor Vehicle Waste Disposal Well. These wells receive wastes from motor vehicle facilities and include autobody repair shops, new and used car dealerships, specialty repair shops, such as transmission, muffler, and radiator repair shops and any facility that steam cleans or otherwise washes undercarriages or engine parts or does any vehicular repair work;
(viii) Sewage or Wastewater Disposal Well. These wells are used to inject sewage or wastewater from any source to the groundwaters of the State. This includes cesspools and abandoned drinking water wells;
(ix) Solution Mining Well. These wells are used in solution mining in conventional mines, such as stopes leaching;
(x) Special Drainage Well. These wells are used for disposing of water from sources other than direct precipitation. Examples of this well type include: landslide control drainage wells, water tank overflow drainage wells, swimming pool drainage wells, and lake control drainage wells; and
(xi) Water Softener Regeneration Brine Disposal Well. These wells are used to inject regeneration wastes from water softeners.
(b) The construction, use, or operation by an individual of the following Class 5 injection well types may be approved by the Director provided that the injected material does not contain any waste or any substance of a composition and concentration such that, if it were discharged to the land or waters of the State, would adversely affect human health or would otherwise render those waters unsuitable for their best intended usage:
(i) Aquifer Recharge Wells specified in Rule .0218 of this Section;
(ii) Aquifer Storage and Recovery Wells specified in Rule .0219 of this Section;
(iii) Aquifer Test Wells specified in Rule .0220 of this Section;
(iv) Experimental Technology Wells specified in Rule .0221 of this Section;
(v) Geothermal Aqueous Closed-Loop Wells specified in Rule .0222 of this Section;
(vi) Geothermal Direct Expansion Closed-Loop Wells specified in Rule .0223 of this Section;
(vii) Geothermal Heating/Cooling Water Return Wells specified in Rule .0224 of this Section;
(viii) Groundwater Remediation Wells specified in Rule .0225 of this Section;
(ix) Salinity Barrier Wells specified in Rule .0226 of this Section;
(x) Stormwater Drainage Wells specified in Rule .0227 of this Section;
(xi) Subsidence Control Wells specified in Rule .0228 of this Section;
(xii) Tracer Wells specified in Rule .0229 of this Section; and
(xiii) Other Wells specified in Rule .0230 of this Section;
(6) Class 6. No person shall construct, use, or operate an injection well of this class. This class applies to wells that are used for containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations.
History Note: Authority G.S. 87-87; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; September 1, 1996; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0210 REQUIREMENTS: WELLS USED TO INJECT WASTE OR CONTAMINANTS
The owner of any well that has been used to inject wastes or contaminants, with the exception of wells permitted in accordance with this Section, shall take corrective action as specified in Rule .0206(b) of this Section.
History Note: Authority G.S. 87-87; 87-88; 143-214.2; 143-215.1A;
Eff. August 1, 1982;
Amended Eff. September 1, 1996; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0211 GENERAL PERMITTING REQUIREMENTS APPLICABLE TO ALL INJECTION WELL TYPES
(a) A permit shall be obtained from the Director prior to constructing, operating, or using any well for injection unless the well is deemed permitted in accordance with the rules of this Section. No permit shall be granted for the injection of wastes or any substance of a composition and concentration such that, if it were discharged to the land or waters of the state, it would adversely affect human health or would otherwise render those waters unsuitable for their best intended usage unless specifically provided for by statute or by the rules in this Section.
(b) No person shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant would cause a violation of any applicable groundwater quality standard specified in Subchapter 02L or would otherwise adversely affect human health.
(c) If at any time the Director learns that any injection well may cause a violation of any applicable groundwater quality standard specified in 15A NCAC 02L that is not authorized by the rules of this Section, the Director shall do one of the following:
(1) require an individual permit for injection wells that are otherwise permitted by rule;
(2) require such actions as may be necessary to prevent the violation, including corrective action as required in Rule .0206 of this Section; or
(3) take enforcement action as provided for in G.S. 87-91, G.S. 87-94, or G.S. 87-95.
(d) All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purposes of this Section, a "responsible corporate officer" means a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
(3) For a municipality, State, federal, or other public agency: by either a principal executive officer or ranking elected official; and
(4) For all other persons: by the well owner, or his or her agent.
(e) The person signing the permit application shall certify that the data furnished on the application is accurate and that the injection well will be operated in accordance with the approved specifications and conditions of the permit.
(f) All reports shall be signed by a person described in Paragraph (d) of this Rule. All records, reports, and information required to be submitted to the Director and all public comment on these records, reports, or information shall be disclosed to the public unless the person submitting the information can show that such information, if made public, would disclose methods or processes entitled to protection as trade secrets as defined in G.S. 66-152. The Director shall determine which information is entitled to confidential treatment. If the Director determines that such information is entitled to be treated as confidential information as defined in G.S. 132-1.2, the Director shall take steps to protect such information from disclosure.
(g) The Director shall consider the cumulative effects of drilling and construction of multiple wells and operation of all proposed wells during evaluation of permit applications.
(h) All permits shall be issued for a period not to exceed five years from the date of issuance. Permits shall be deemed active until all permit requirements have been met and documentation has been received indicating that the wells meet one of the following conditions:
(1) the wells are temporarily or permanently abandoned in accordance with Rule .0240 of this Section;
(2) the wells have been converted to some other use; or
(3) the wells are permitted under another permit issued by the appropriate permitting authority for that activity.
(i) All facilities shall be operated and maintained to comply with the rules of this Section.
(j) The permittee shall allow the Director or an authorized representative, upon their presentation of credentials and other documents as may be required by law, to:
(1) enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records are required to be kept under the conditions of the permit;
(2) have access to and copy, during normal business hours of the establishment, any records that are required to be kept under the conditions of the permit;
(3) inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and
(4) sample or monitor for the purposes of assuring permit compliances or as otherwise authorized, any substances or parameters.
(k) The permit may be modified, revoked and reissued, or terminated by the Director in whole or part for actions that would adversely affect human health or the environment. Such actions may include:
(1) violation of any terms or conditions of the permit;
(2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(3) refusal of the permittee to allow authorized employees of the Division upon proper presentation of credentials to:
(A) enter upon permittee's premises on which a system is located where any records are required to be kept under terms and conditions of the permit;
(B) have access to and copy any records required to be kept under terms and conditions of the permit;
(C) inspect any monitoring equipment or method required in the permit; or
(D) collect any sample from the injection facility.
(l) The filing of an application by the permittee for a permit modification, revocation and reissuance, termination, or a notification of planned changes or anticipated noncompliance shall not stay any permit condition.
(m) The permittee shall furnish to the Director any information that the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. The permittee shall also furnish to the Director, upon request, copies of records required by the permit to be kept.
(n) The permittee shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit for a period of at least three years from the date of the sample, measurement, report, or application. Records of monitoring information shall include the:
(1) date, place, and time of sampling or measurements;
(2) individuals who performed the sampling or measurements;
(3) dates analyses were performed;
(4) individuals who performed the analyses;
(5) analytical techniques or methods used;
(6) results of any such sampling, measurements, and analyses; and
(7) description and date of any maintenance activities performed, including the name and contact information of the individuals performing such activities.
(o) The permit shall not be transferred to any person without the approval of the Director. A permit ownership or name change request shall be submitted to the Director.
(p) The permittee shall report any monitoring or other information that indicates:
(1) noncompliance with a specific permit condition;
(2) a contaminant may cause a violation of applicable groundwater quality standards specified in 15A NCAC 02L; and
(3) a malfunction of the injection system may cause the injected fluids to migrate outside the approved injection zone or area.
The information shall be provided to the Director orally within 24 hours of the permittee becoming aware of the occurrence and as a written submission within five days of the occurrence. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance including dates and times, the anticipated time it is expected to continue if the noncompliance has not been corrected, and all steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 40 CFR 144.52(a)(7); 40 CFR 145.11(a)(20);
Eff. August 1, 1982;
Amended Eff. May 1, 2012; February 1, 1997; October 1, 1996; March 1, 1984;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0212 ADDITIONAL CRITERIA AND STANDARDS: CLASS II: CLASS III
History Note: Authority G.S. 87-87; 87-88; 143-211; 143-214.2; 143-215.3(a)(1); 143-215.3(c);
Eff. August 1, 1982;
Repealed Eff. March 1, 1984.
15A NCAC 02C .0213 ADDITIONAL CRITERIA AND STANDARDS APPLICABLE TO CLASS 5 WELLS
15A NCAC 02C .0214 ABANDONMENT AND CHANGE-OF-STATUS
History Note: Authority G.S. 87-87; 87-88; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1);
143-215.3(c);
Eff. August 1, 1982;
Amended Eff. February 1, 1997; October 1, 1996; March 1, 1984;
Repealed Eff. May 1, 2012.
15A NCAC 02C .0215 VARIANCE
15A NCAC 02C .0216 DELEGATION
History Note: Authority G.S. 87-87(4); 87-88; 143-215.1A; 143-215.3(a)(1); 143-215.3(a)(4); 150B-23;
Eff. September 1, 1996;
Repealed Eff. May 1, 2012.
15A NCAC 02C .0217 PERMITTING BY RULE
(a) The following injection well systems shall be deemed to be permitted by the rules of this Section pursuant to G.S. 87-88(a) and it shall not be necessary for the Division to issue an individual permit for the construction or operation of the following injection well systems provided that the system does not result in the violation of any assigned surface water, groundwater, or air quality standard; there is no groundwater discharge of the injectant into surface waters; and all criteria for the specific systems are met:
(1) Aquifer Test Wells specified in Rule .0220 of this Section;
(2) Geothermal Aqueous Closed Loop Wells specified in Rule .0222 of this Section;
(3) Geothermal Direct Expansion Closed Loop Wells specified in Rule .0223 of this Section;
(4) Groundwater Remediation Wells specified in Rule .0225 of this Section; and
(5) Stormwater Drainage Wells specified in Rule .0227 of this Section.
(b) Any violation of groundwater standards not authorized by the rules of this Section shall be treated in accordance with Rule .0206 of this Section.
(c) An injection well system permitted by rule under the rules of this Section shall remain permitted by rule until such time as the Director determines that it shall not be deemed to be permitted. This determination shall be made based on compliance with the provisions of the rules of this Section.
(d) If the Director determines that an injection well system shall not be permitted by rule, the Director shall require the owner of the injection well system to obtain an individual permit.
History Note: Authority G.S. 87-87; 87-88(a);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0218 AQUIFER RECHARGE WELLS
Aquifer Recharge Wells, which recharge depleted aquifers and inject uncontaminated water of equal or better quality than the aquifer being recharged, shall meet the requirements of Rule .0219 of this Section. However, the Director may impose additional requirements to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0219 AQUIFER STORAGE AND RECOVERY WELLS
(a) A permit shall be obtained from the Director prior to constructing, operating, or using an Aquifer Storage and Recovery Well. "Aquifer Storage and Recovery Well" means a well that is used to inject potable water for the purposes of subsurface storage and for later recovery of the injected water.
(b) Permit Applications. In addition to the permit requirements set forth in Rule .0211 of this Section, an application shall be submitted, in duplicate, to the Director on forms furnished by the Director and shall include the following:
(1) A site description that includes:
(A) the name of the well owner or person otherwise legally responsible for the injection well, his or her mailing address and telephone number, and whether the owner is a federal, state, private, public, or other entity;
(B) the name of the property owner, if different from the well owner, and his or her physical address, mailing address, and telephone number;
(C) the name, mailing address, telephone number, and geographic coordinates of the facility for which the application is submitted; and
(D) a list of all other injection permits associated with the subject facility.
(2) Project Description. A description of what problem the project is intended to solve or what objective the project is intended to achieve and shall include the following:
(A) the history and scope of the problem or objective;
(B) what is currently being done to solve the problem or achieve the objective;
(C) why existing practices are insufficient to solve the problem or achieve the objective;
(D) what other alternatives were considered to solve the problem or achieve the objective; and
(E) how this option was determined to be the most effective or desirable to solve the problem or achieve the objective.
(3) Demonstration of Financial Responsibility as required in Rule .0208 of this Section.
(4) Injection Zone Determination. The applicant shall specify the horizontal and vertical portion of the injection zone within which the proposed injection activity will occur based on the hydraulic properties of that portion of the injection zone specified. No violation of groundwater quality standards specified in Subchapter 02L resulting from the injection shall occur outside the specified portion of the injection zone, as detected by a monitoring plan approved by the Director.
(5) Hydrogeologic Evaluation. If required by G.S. 89E, G.S. 89C, or G.S. 89F, a licensed geologist, professional engineer, or licensed soil scientist shall prepare a hydrogeologic evaluation of the facility to a depth that includes the injection zone determined in accordance with Subparagraph (4) of this Paragraph. A description of the hydrogeologic evaluation shall include all of the following:
(A) regional and local geology and hydrogeology;
(B) changes in lithology underlying the facility;
(C) depth to the mean seasonal high water table;
(D) hydraulic conductivity, transmissivity, and storativity of the injection zone based on tests of site-specific material, including a description of the tests used to determine these parameters;
(E) rate and direction of groundwater flow as determined by predictive calculations or computer modeling; and
(F) lithostratigraphic and hydrostratigraphic logs of test and injection wells.
(6) Area of Review. The area of review shall be calculated using the procedure for determining the zone of endangering influence specified in 40 CFR 146.6(a), which is hereby incorporated by reference, including subsequent amendments and editions, and can be obtained electronically from the website of the Federal Register at . The applicant shall identify all wells within the area of review that penetrate the injection or confining zone and repair or permanently abandon all wells that are improperly constructed or abandoned.
(7) Analyses of the injection zones including:
(A) test results of the native groundwater and the proposed recharge water for the parameters listed in Subparagraph (h)(4) of this Rule;
(B) geochemical analyses of representative samples of the aquifer matrix to determine the type and quantity of reactive minerals; and
(C) evaluation of the chemical compatibility of the native groundwater, injected water, and the aquifer matrix using site-specific geochemical data and hydraulic properties of the injection zones, and the results of any geochemical or hydrogeologic modeling. The chemical compatibility evaluation shall identify potential changes in groundwater quality resulting from the injection activities within the area of review specified in Subparagraph (6) of this Paragraph.
(8) Injection Procedure. The applicant shall submit a description of the proposed injection procedure that includes the following:
(A) the proposed average and maximum daily rate and quantity of injectant;
(B) the average maximum injection pressure expressed in units of pounds per square inch (psi);
(C) calculation of fracture pressures of confining units expressed in units of psi; and
(D) the total or estimated volume to be injected.
(9) Injection well construction details including:
(A) the number and depth of injection wells;
(B) an indication of whether the injection wells are existing or proposed;
(C) the depth and type of casing;
(D) the depth and type of screen material;
(E) the depth and type of grout; and
(F) the plans and specifications of the surface and subsurface construction of each injection well or well system.
(10) Monitoring Wells. Monitoring wells shall be located so as to detect any movement of injection fluids, process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (4) of this Paragraph. The monitoring schedule shall be consistent with the proposed injection schedule, pace of the anticipated reactions, and rate of transport of the injected fluid. The applicant shall submit a monitoring plan that includes the following:
(A) a list of monitoring parameters and analytical methods to be used;
(B) other parameters that may serve to indicate the progress of the intended reactions;
(C) a list of existing and proposed monitoring wells to be used; and
(D) a sampling schedule for monitoring the proposed injection.
(11) Well Data Tabulation. A tabulation of data on all existing or abandoned wells within the area of review of the injection wells that penetrate the proposed injection zone, including water supply wells, monitoring wells, and wells proposed for use as injection or monitoring wells. The data shall include a description of each well's type, depth, and record of abandonment or completion.
(12) Plan of Action. A proposed plan of action to be taken if the proposed injection operation causes fracturing of confining units, results in adverse geochemical reactions, or otherwise threatens groundwater quality.
(13) Maps and Cross-Sections. Scaled, site-specific site plans or maps depicting the location, orientation, and relationship of facility components including the following:
(A) area map based on the most recent USGS 7.5' topographic map of the area, at a scale of 1:24,000, and showing the location of the proposed injection site;
(B) topographic contour intervals showing all facility related structures, property boundaries, streams, springs, lakes, ponds, and other surface drainage features;
(C) all existing or abandoned wells within the area of review of the injection wells listed in the tabulation required in Subparagraph (11) of this Paragraph that penetrate the proposed injection zone, including water supply wells, monitoring wells, and wells proposed for use as injection wells;
(D) potentiometric surface maps of each hydrostratigraphic unit in the injection zone(s) that show the direction of groundwater movement, and all existing and proposed wells;
(E) cross-sections that show the horizontal and vertical extent of the injection zones, lithostratigraphic units, hydrostratigraphic units, and all existing and proposed wells, complete with casing and screen intervals; and
(F) all existing sources of potential or known groundwater contamination, including waste storage, treatment, or disposal systems within the area of review of the injection well or well system.
(14) Any other information necessary for the Director to ensure compliance with G.S. 87-84.
(c) Injection Volumes. The Director may establish maximum injection volumes and pressures necessary to assure that:
(1) fractures are not initiated in the confining zones;
(2) injected fluids do not migrate outside the injection zone or area;
(3) injected fluids do not cause or contribute to the migration of contamination into uncontaminated areas; and
(4) there is compliance with operating requirements.
(d) Injection.
(1) Injection may not commence until construction is complete, the permittee has submitted notice of completion of construction to the Director, and the Director has inspected or reviewed the injection well and finds it in compliance with the permit conditions. If the permittee has not received notice from the Director of intent to inspect or otherwise review the injection well within 10 days after the Director receives the notice, the permittee may commence injection.
(2) Prior to granting approval for the operation, the Director shall consider the following information:
(A) all available logging and testing data on the well;
(B) a demonstration of mechanical integrity pursuant to Rule .0207 of this Section;
(C) the proposed operating procedures;
(D) the results of the formation testing program; and
(E) the status of corrective action on defective wells in the area of review.
(e) Well Construction.
(1) Wells shall not be located:
(A) where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscapes that will concentrate water around the well;
(B) if a person would be required to enter confined spaces to perform sampling and inspection activities; or
(C) if injectants or formation fluids would migrate outside the approved injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule.
(2) The methods and materials used in construction shall not threaten the physical or mechanical integrity of the well during its lifetime and shall be compatible with the proposed injection activities.
(3) The well shall be constructed in such a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus either during or after construction.
(4) The borehole shall not penetrate to a depth greater than the depth at which injection will occur unless the purpose of the borehole is the investigation of the geophysical and geochemical characteristics of an aquifer. Following completion of the investigation, the borehole beneath the zone of injection shall be completely grouted to prevent the migration of any contaminants.
(5) Drilling fluids and additives shall contain only potable water and may be comprised of one or more of the following:
(A) the formation material encountered during drilling;
(B) materials manufactured specifically for the purpose of borehole conditioning or well construction; or
(C) materials approved by the Director, based on a demonstration of not adversely affecting human health or groundwater quality.
(6) Only grouts listed under Rule .0107 of this Subchapter shall be used with the exception that bentonite grout shall not be used:
(A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction; or
(B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well.
(7) The annular space between the borehole and casing shall be grouted:
(A) with a grout that is non-reactive with the casing or screen materials, the formation, or the injectant;
(B) from land surface to the top of the gravel pack and in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in degradation of groundwater quality in any aquifer or zone; and
(C) so that the grout extends outward from the casing wall to a thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; but in no case shall a well be required to have an annular grout seal thickness greater than four inches.
(8) Grout shall be emplaced around the casing by one of the following methods:
(A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface;
(B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space that can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or
(C) Other. Grout may be emplaced in the annular space by gravity flow to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space at the time of grouting.
(9) All grout mixtures shall be prepared prior to emplacement per the manufacturer's directions with the exception that bentonite chips or pellets may be emplaced by gravity flow if water is present or the chips or pellets are otherwise hydrated in place.
(10) If an outer casing is installed, it shall be grouted by either the pumping or pressure method.
(11) The well shall be grouted within seven days after the casing is set or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water-bearing zone that contains saline water, the well shall be grouted within one day after the casing is set.
(12) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing.
(13) A casing shall be installed that extends from at least 12 inches above land surface to the top of the injection zone.
(14) Wells with casing extending less than 12 inches above land surface shall be approved by the Director only when one of the following conditions is met:
(A) site specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; or
(B) it is not operationally feasible for the well head to be completed 12 inches above land surface due to the engineering design requirements of the system.
(15) Multi-screened wells shall not connect aquifers or zones having differences in water quality that would result in a degradation of groundwater quality in any aquifer or zone.
(16) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well.
(17) Packing materials for gravel-and sand-packed wells shall be:
(A) composed of quartz, granite, or other hard, non-reactive rock material;
(B) of uniform size, water-washed and free from clay, silt, and toxic materials;
(C) disinfected prior to subsurface emplacement;
(D) emplaced such that it will not connect aquifers or zones having differences in water quality that would result in the deterioration of groundwater quality in any aquifer or zone;
(E) evenly distributed around the screen and shall extend to a depth at least one foot above the top of the screen. A one-foot or greater thick seal, comprised of bentonite clay, shall be emplaced directly above and in contact with the packing material.
(18) Each injection well shall have a well identification plate that meets the criteria specified in Rule .0107 of this Subchapter.
(19) A hose bibb, sampling tap, or other collection equipment shall be installed on the line entering the injection well such that a sample of the injectant can be obtained prior to its entering the injection well.
(20) If applicable, all piping, wiring, and vents shall enter the well through the top of the casing unless it is based on a design demonstrated to preclude surficial contaminants from entering the well.
(21) The well head shall be completed in such a manner as to preclude surficial contaminants from entering the well, and well head protection shall include:
(A) an accessible external sanitary seal installed around the casing and grouting; and
(B) a water-tight cap or seal compatible with the casing and installed so that it cannot be removed without the use of hand or power tools.
(f) Testing.
(1) Well logs and other tests conducted during the drilling and construction of the wells shall be submitted to the Director after completion of well construction. A descriptive report interpreting the results of such logs and tests shall be prepared by a log analyst and submitted to the Director after completion of the tests. The accuracy and usefulness of the logs and tests shall be determined by the Director based on the intended function, depth, construction, and other characteristics of the well, and availability of similar data in the area of the drilling site. Such logs and tests shall include:
(A) lithostratigraphic logs of the entire borehole;
(B) hydrosratigraphic logs of the entire borehole; and
(C) deviation checks conducted on all holes where pilot holes and reaming are used at sufficiently frequent intervals to assure that vertical avenues for fluid migration through diverging holes are not created during drilling.
(2) When the injection zone is a water-bearing formation, the following information concerning the injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule shall be submitted to the Director:
(A) fluid pressure;
(B) fluid temperature;
(C) fracture pressure;
(D) other physical and chemical characteristics of the injection zone;
(E) physical and chemical characteristics of the formation fluids; and
(F) compatibility of injected fluids with formation fluids.
(3) When the injection formation is not a water bearing formation, only the fracture pressure and other physical and chemical characteristics of the injection zone shall be determined or calculated and submitted to the Director after completion of the determinations.
(4) Tests for mechanical integrity shall be conducted prior to operation and every 10 years thereafter in accordance with Rule .0207 of this Section. The Director may require more frequent mechanical integrity testing as set out in Rule .0207 of this Section.
(g) Operation and Maintenance.
(1) Pressure at the well head shall be limited to a maximum that will ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area.
(2) There shall be no injection between the outermost casing and the well borehole.
(3) Monitoring of the operating processes at the well head and protection against damage of the well head during construction and use shall be provided for by the well owner.
(h) Monitoring.
(1) Monitoring of the groundwater quality by the permittee shall be required by the Director to demonstrate protection of the groundwaters of the State.
(2) In determining the type, density, frequency, and scope of monitoring, the Director shall consider the following:
(A) physical and chemical characteristics of the injection zone;
(B) physical and chemical characteristics of the injected fluids;
(C) volume and rate of discharge of the injected fluids;
(D) compatibility of the injected fluids with the formation fluids;
(E) the number, type, and location of all wells, mines, surface bodies of water, and structures within the area of review;
(F) proposed injection procedures;
(G) expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid;
(H) proposals of corrective action to be taken in the event of a failure in any phase of injection operations that renders the groundwaters unsuitable for their best intended usage as defined in Rule .0204 of this Section; and
(I) the life expectancy of the injection operations.
(3) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(4) The following analytical parameters shall be included:
(A) disinfectants and disinfection byproducts;
(B) radium, radionuclides, and gross alpha radiation;
(C) Reduction Potential (Eh), pH, Total Dissolved Solids (TDS), Biological Oxygen Demand (BOD), Total Oxygen Demand (TOD), Chemical Oxygen Demand (COD), temperature, conductivity, and dissolved oxygen;
(D) coliform, Escherichia coli (E. Coli), Giardia, and Cryptosporidium;
(E) parameters based on the source water, injection zone formation materials, native groundwater, and any other parameters necessary for the Department to ensure compliance with G.S. 87-84; and
(F) other parameters for which National Primary and Secondary Drinking Water Standards have been established.
(5) Analysis of the physical, chemical, biological, or radiological characteristics of the injected fluid shall be made monthly or more frequently, as necessary in order to provide representative data for characterization of the injectant.
(6) Continuous recording devices to monitor the injection pressure, flow, rate, and volume of injected fluid shall be installed.
(7) Monitoring wells associated with the injection site shall be monitored quarterly or on a schedule determined by the Director to detect any migration of injected fluids from the injection zone to ensure compliance with G.S. 87-84.
(8) Monitoring wells completed in the injection zone and adjacent to the injection zone may be affected by the injection operations. If affected, the Director may require additional monitor wells be installed outside the injection zone to detect any movement of injection fluids, process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule. If the operation is affected by subsidence or catastrophic collapse, additional monitoring wells shall be located so that they will not be physically affected and shall be of an adequate number to detect movement of injected fluids, process byproducts, or formation fluids outside the injection zone or area. In determining the number, location, and spacing of monitoring wells, the following criteria shall be considered by the Director:
(A) the population relying on the groundwater resource affected, or potentially affected, by the injection operation;
(B) the proximity of the injection operation to points of withdrawal of groundwater;
(C) the local geology and hydrology;
(D) the operating pressures;
(E) the chemical characteristics and volume of the injected fluid, formation water, and process by products; and
(F) the number of existing injection wells.
(i) Reporting.
(1) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities.
(2) All sampling results shall be reported to the Division quarterly or at another frequency determined by the Director based on the reaction rates, injection rates, likelihood of secondary impacts, and site-specific hydrogeologic information.
(3) The results of each test required in Paragraph (f) of this Rule shall be submitted to the Director within 30 days of the completion of the test.
(j) Public Notice. Public notice of intent to issue permits for applications submitted pursuant to this Rule shall be given prior to permit issuance.
(1) Such notice shall:
(A) be posted on the Division website and given in press releases via media outlets having coverage within the area of review;
(B) provide 30 days for public comments to be submitted to the Director; and
(C) include a description of details of the project, such as the permit applicant; the location, number, and depth of injection wells; and the injectant type, source, and volume.
(2) After the public comment period has ended the Director shall:
(A) consider the comments submitted and determine if a public hearing is warranted;
(B) determine if the draft permit shall be issued, modified, or denied; and
(C) post notice on the Division website as of the final permitting action, which shall include the issued permit or the reason for denial if the permit was denied.
(3) In determining if a public hearing is warranted, the Director's consideration shall include the following:
(A) requests by property owners within the area of review;
(B) potential harm to the public by not having a public hearing;
(C) potential harm to the applicant due to the delay in having a public hearing; and
(D) the likelihood of obtaining new information regarding the proposed injection.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0220 AQUIFER TEST WELLS
(a) "Aquifer Test Wells" means wells used to inject uncontaminated fluid into an aquifer to determine the aquifer characteristics.
(b) Injection wells of this type shall be permitted by rule when constructed and operated in accordance with this Rule.
(c) Only potable water shall be injected through this type of injection well.
(d) Tests for mechanical integrity shall be conducted in accordance with Rule .0207 of this Section.
(e) Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter;
(f) The operation of the aquifer test well shall not cause contaminated groundwater to migrate into an area not contaminated prior to initiation of injection activities or cause a violation of applicable groundwater quality standards as specified in 15A NCAC 02L.
(g) Within 30 days of a change of status of the well, the owner/operator shall provide the following information:
(1) facility name, address, and location indicated by either:
(A) latitude and longitude with reference datum, position accuracy, and method of collection; or
(B) a facility site map with property boundaries;
(2) name, telephone number, and mailing address of person responsible for installation or operation of the well;
(3) ownership of facility as a private individual or organization or a federal, State, county, or other public entity;
(4) number of injection wells and their construction details; and
(5) well status as proposed, active, inactive, temporarily abandoned, or permanently abandoned.
(h) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0221 EXPERIMENTAL TECHNOLOGY WELLS
"Experimental Technology Wells" means wells used in experimental or unproven technologies whose operation complies with all applicable rules and statutes. Experimental Technology Wells shall comply with the rules governing the injection well types in Rule .0209(5)(b) of this Section that most closely resembles the Experimental Technology Well's hydrogeologic complexity and potential to adversely affect groundwater quality.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0222 GEOTHERMAL AQUEOUS CLOSED-LOOP WELLS
(a) "Geothermal Aqueous Closed-Loop Wells" means wells that house a subsurface system of closed-loop pipe that circulates potable water only or a mixture of potable water and performance-enhancing additives such as antifreeze, corrosion inhibitors, or scale inhibitors for heating and cooling purposes. Only additives that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be used.
(b) Permitted by Rule. Aqueous Closed-Loop Geothermal Wells are permitted by rule when constructed and operated in accordance with the rules of this Section.
(c) Individual Permits. If an individual permit is required pursuant to Rule .0217 of this Section, then an application for permit renewal shall be made at least 120 days prior to the expiration date of the permit.
(d) Notification. In addition to the requirements set forth in Rule .0211 of this Section, notification for systems designed to serve a single family residence shall be submitted two or more business days prior to construction and at least 30 days for all other installations. The notification shall be submitted to the Director and to the county health department. The notification shall be made using one form per facility supplied by the Director and shall include:
(1) the well owner's name, address, telephone number, email address (if available), and whether the owner is a federal, State, private, public, or other entity. If the well operator is different from the owner then the same information shall be provided for the well operator;
(2) the physical location of the well facility;
(3) a description of the proposed injection activities;
(4) a scaled, site-specific map showing the following:
(A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed in Subparagraph (e)(5) of this Rule within 250 feet of the proposed injection wells;
(B) property boundaries within 250 feet of the parcel where the proposed wells are located; and
(C) an arrow orienting the site to one of the cardinal directions;
(5) the types and concentrations of additives, if any, to be used in the closed-loop geothermal well system. Only additives approved by the Department of Health and Human Services shall be used in any closed loop geothermal well system;
(6) plans and specifications of the surface and subsurface construction details of the system;
(7) the heating and cooling system installation contractor's name and certification number, address, email address (if available), and telephone number;
(8) a description of how the items identified in Part (d)(4)(A) of this Rule will be protected during well construction; and
(9) any other information necessary for the Department to ensure compliance with G.S. 87-84.
(e) Well Construction.
(1) Only tubing that meets the specifications in Chapter 12 of the North Carolina Mechanical Code shall be used, which is hereby incorporated by reference, including subsequent amendments and editions, and can be accessed at no cost at .
(2) Drilling fluids and water produced during well construction shall be managed to prevent direct discharges to surface waters as well as violations of groundwater and surface water quality standards. Plans for such preventive measures shall be retained onsite throughout the construction process.
(3) The well shall be constructed in a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus at any time during or after construction.
(4) The well shall be located such that:
(A) the injection well is not in an area where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscape features that will concentrate water around the well; and
(B) the injection well is not in an area that requires a person to enter confined spaces to perform sampling and inspection activities.
(5) The horizontal separation between the geothermal aqueous closed-loop well and potential sources of groundwater contamination that exist at the time the wells are constructed shall be no less than as follows:
(A) Building perimeters, including any attached structures for which a building permit is required, such as garages, patios, or decks, regardless of foundation construction type 15 feet
(B) Septic systems, including drainfield, waste application area, and repair area 50 feet
(C) Industrial or municipal sewage or liquid waste collection or transmission sewer mains constructed to water main standards as stated in the American Water Works Association (AWWA) Standards C600 and/or C900 15 feet
(D) Water-tight sewer lateral lines from a residence or other non-public system to a sewer main or other wastewater disposal system 15 feet
(E) Other industrial or municipal sewage or liquid waste collection or transmission sewer mains 25 feet
(F) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N with secondary containment 50 feet
(G) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N without secondary containment 100 feet
(H) Above ground or underground storage tanks that contain petroleum fuels used for heating equipment, boilers, or furnaces, except for tanks used solely for storage of propane, natural gas, or liquefied petroleum gas 50 feet
(I) Land-based or subsurface waste storage or disposal systems 50 feet
(J) Gravesites 50 feet
(K) Any other potential sources of contamination 50 feet
(6) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well and any tubing during its lifetime and shall be compatible with the proposed injection activities.
(7) Drilling fluids shall contain only potable water and may be comprised of one or more of the following:
(A) the formation material encountered during drilling; and
(B) materials manufactured specifically for the purpose of borehole conditioning or well construction.
(8) Thermally enhanced bentonite slurry grout shall be used. This grout shall consist of a mixture of not more than 22 gallons of potable water, one 50-pound bag of thermally enhanced commercial Wyoming sodium bentonite, and up to 400 pounds of clean dry 50-70 mesh silica sand. The amount of silica sand may be varied to achieve the thermal conductivity desired of the grout. The thermally enhanced grout slurry shall only be used in accordance with the manufacturers written instructions and shall meet permeability standards in accordance with Rule .0107 of this Subchapter.
(9) Bentonite grout shall not be used:
(A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction; or
(B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well.
(10) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing.
(11) Grout shall be placed the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection.
(12) The grout shall be emplaced by one of the following methods:
(A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the borehole or annular space around the casing and overflows at the surface; or
(B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the borehole or annular space which can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application.
(13) If temporary outer casing is installed, it shall be removed during grouting of the borehole in a way that maintains the integrity of the borehole and uniform grout coverage around the geothermal tubing.
(14) If a permanent outer casing is installed:
(A) The space between the interior wall of the casing and the geothermal tubing shall be grouted the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection;
(B) The annular space between the casing and the borehole shall be grouted with a grout that is non-reactive with the casing or the formation;
(C) Grout shall extend outward in all directions from the casing wall to borehole wall and have a thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; and
(D) In no case shall a well be required to have an annular grout seal thickness greater than four inches.
(15) Grout emplacement shall not threaten the physical or mechanical integrity of the well.
(16) The well shall be grouted within seven days after drilling is complete or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water-bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casing is set.
(17) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well.
(18) Well head completion shall be conducted in a manner so as to preclude surficial contaminants from entering the well.
(f) Well Location. The location of each well boring and appurtenant underground piping leading to all heat exchangers shall be identifiable such that they may be located, repaired, and abandoned as necessary after construction.
(1) The as-built locations of each well boring, header pit, and appurtenant underground piping shall be recorded on a scaled site-specific facility map, which shall be retained onsite and distributed as specified in Subparagraph (i)(1) of this Rule.
(2) Each well boring and header pit shall be located by a North Carolina registered land surveyor, a GPS receiver, or by triangulation from at least two permanent features on the site, such as building foundation corners or property boundary iron pins.
(3) Well boring and appurtenant underground piping locations shall be identifiable in the field by tracer wire and warning tape, concrete monuments, or any other method approved by the Director upon a demonstration that such a method provides a reliable and accurate method of detection.
(4) If tracer wire and warning tape are used, then tracer wire consisting of copper wire of at least 14 gauge shall be placed adjacent to all horizontal piping during pipe installation, and warning tape shall be installed directly above the horizontal piping approximately 12 inches below final grade.
(5) If concrete monuments are used, then each monument shall be located directly above each individual well, at the perimeter corners of each well field, or in the center of each well cluster. Each concrete monument shall be permanently affixed with an identification plate constructed of durable, weatherproof, rustproof metal or other material approved by the Director as equivalent, which shall be stamped with the following information:
(A) well contractor name and certification number;
(B) number and depth of the borings;
(C) grout depth interval;
(D) well construction completion date; and
(E) identification as a geothermal well or well field.
(g) Testing.
(1) Closed loop tubing shall pass a pressure test on-site prior to installation into the borehole. Any closed loop tubing that fails the pressure test shall either not be used or shall pass a subsequent pressure test prior to installation and after all leaks have been located and repaired.
(2) The closed loop well system shall pass a pressure test after installation and prior to operation. Any pressure fluctuation other than that due to thermal expansion and contraction of the testing medium shall be considered a failed test. Any leaks shall be located and repaired prior to operating the system.
(h) Operation.
(1) The well shall be protected against damage during construction and use.
(2) The well shall be operated and maintained in accordance with the manufacturer's specifications throughout its operating life.
(i) Monitoring and Reporting.
(1) The well owner shall submit the as-built well locations as documented in accordance with Paragraph (f) of this Rule to the Director and the appropriate county health department. The well owner shall also record these documents with the register of deeds of the county in which the facility is located.
(2) Upon sale or transfer of the property, the owner shall give a copy of these records to the new property owner or owners.
(3) The Director may require any monitoring necessary to ensure compliance with G.S. 87-84.
(4) The permitee shall report any leaks to the Division during the lifetime of the well.
(5) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0223 GEOTHERMAL DIRECT EXPANSION CLOSED-LOOP WELLS
(a) "Geothermal Direct Expansion Closed-Loop Wells" means wells used to house a subsurface system of closed-loop pipe that circulates refrigerant gas for heating and cooling purposes. Only gasses that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be used.
(b) Permitted by Rule. Direct Expansion Closed-Loop Geothermal Wells are permitted by rule when constructed and operated in accordance with the rules of this Section.
(c) Individual Permits. If an individual permit is required pursuant to Rule .0217 of this Section, then an application for permit renewal shall be made at least 120 days prior to the expiration date of the permit.
(d) Notification. In addition to the requirements set forth in Rule .0211 of this Section, notification for systems designed to serve a single family residence shall be submitted two or more business days prior to construction and 30 days or more for all other installations. The notification shall be submitted to the Director and to the county health department. The notification shall be made using one form per operation supplied by the Director and shall include:
(1) the well owner's name, address, telephone number, email address (if available), and whether the owner is a federal, State, private, public, or other entity. If the well operator is different from the owner then the same information shall be provided for the well operator;
(2) the physical location of the well;
(3) a description of the proposed injection activities;
(4) a scaled, site specific map showing the following:
(A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed in Subparagraph (e)(6) of this Rule within 250 feet of the proposed injection wells;
(B) property boundaries within 250 feet of the parcel where the proposed wells are located; and
(C) an arrow orienting the site to one of the cardinal directions;
(5) the type of gas to be used in the closed-loop geothermal well system. Only approved gases shall be used in any closed loop geothermal well system;
(6) plans and specifications of the surface and subsurface construction details of the system;
(7) the heating and cooling system installation contractor's name and certification number, address, email address (if available), and telephone number;
(8) a description of how the items identified in Part (d)(4)(A) of this Rule will be protected during well construction; and
(9) any other information necessary for the Department to ensure compliance with G.S. 87-84.
(e) Well Construction.
(1) Only tubing that meets the specifications in Chapter 12 of the North Carolina Mechanical Code shall be used.
(2) All systems shall be constructed with cathodic protection unless testing conducted in accordance with Paragraph (g) of this Rule indicates that all pH test results are within the range of 5.5 to 11.0 standard units.
(3) Drilling fluids and water produced during well construction shall be managed to prevent direct discharges to surface waters and violations of groundwater and surface water quality standards. Plans for such preventive measures shall be retained onsite throughout the construction process.
(4) The well shall be constructed in a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus at any time during or after construction.
(5) The well shall be located such that:
(A) the injection well is not in an area where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscape features that will concentrate water around the well; and
(B) the injection well is not in an area that requires a person to enter confined spaces to perform sampling and inspection activities.
(6) The horizontal separation between the geothermal direct expansion closed-loop well and potential sources of groundwater contamination that exist at the time the wells are constructed shall be no less than as follows:
(A) Building perimeters, including any attached structures for which a building permit is required, such as garages, patios, or decks, regardless of foundation construction type 15 feet
(B) Septic systems, including drainfield, waste application area, and repair area 50 feet
(C) Industrial or municipal sewage or liquid waste collection or transmission sewer mains constructed to water main standards as stated in the American Water Works Association (AWWA) Standards C600 and/or C900 15 feet
(D) Water-tight sewer lateral lines from a residence or other non-public system to a sewer main or other wastewater disposal system 15 feet
(E) Other industrial or municipal sewage or liquid waste collection or transmission sewer mains 25 feet
(F) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N with secondary containment 50 feet
(G) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N without secondary containment 100 feet
(H) Above ground or underground storage tanks that contain petroleum fuels used for heating equipment, boilers, or furnaces, except for tanks used solely for storage of propane, natural gas, or liquefied petroleum gas 50 feet
(I) Land-based or subsurface waste storage or disposal systems 50 feet
(J) Gravesites 50 feet
(K) Any other potential sources of contamination 50 feet
(7) Angled boreholes shall not be drilled in the direction of underground petroleum or chemical storage tanks unless it can be demonstrated to the satisfaction of the Director that doing so will not adversely affect human health or cause a violation of a groundwater quality standard as specified in Subchapter 02L.
(8) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well during its lifetime and shall be compatible with the proposed injection activities.
(9) Drilling fluids shall contain only potable water and may be comprised of one or more of the following:
(A) the formation material encountered during drilling; and
(B) materials manufactured specifically for the purpose of borehole conditioning or well construction.
(10) Thermally enhanced bentonite slurry grout shall be used. This grout shall consist of a mixture of not more than 22 gallons of potable water, one 50-pound bag of thermally enhanced commercial Wyoming sodium bentonite, and up to 400 pounds of clean dry 50-70 mesh silica sand. The amount of silica sand maybe varied to achieve the thermal conductivity desired of the grout. The thermally enhanced grout slurry shall only be used in accordance with the manufacturers written instructions.
(11) Bentonite grout shall not be used:
(A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction; or
(B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well.
(12) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing.
(13) Grout shall be placed the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection.
(14) The grout shall be emplaced by one of the following methods:
(A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the borehole or annular area space the casing and overflows at the surface; or
(B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the borehole or annular space which can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application.
(15) If temporary outer casing is installed, it shall be removed during grouting of the borehole in a way that maintains the integrity of the borehole and uniform grout coverage around the geothermal tubing.
(16) If a permanent outer casing is installed:
(A) The space between the interior wall of the casing and the geothermal tubing shall be grouted the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection.
(B) The annular space between the casing and the borehole shall be grouted with a grout that is non-reactive with the casing or the formation.
(C) Grout shall extend outward in all directions from the casing wall to borehole wall and have a thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; and
(D) In no case shall a well be required to have an annular grout seal thickness greater than four inches.
(17) Grout emplacement shall not threaten the physical or mechanical integrity of the well.
(18) The well shall be grouted within seven days after drilling is complete or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water-bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casing is set.
(19) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well.
(20) Well head completion shall be conducted in a manner so as to preclude surficial contaminants from entering the well.
(f) Well Location. The location of each well boring and appurtenant underground piping leading to all heat exchangers shall be identifiable such that they may be located, repaired, and abandoned as necessary after construction.
(1) The as-built locations of each well boring, header pit, and appurtenant underground piping shall be recorded on a scaled site-specific facility map, which shall be retained onsite and distributed as specified in Subparagraph (i)(1) of this Rule.
(2) Each well boring and header pit shall be located by a North Carolina registered land surveyor, a GPS receiver, or by triangulation from at least two permanent features on the site, such as building foundation corners or property boundary iron pins.
(3) Well boring and appurtenant underground piping locations shall be identifiable in the field by tracer wire and warning tape, concrete monuments, or any other method approved by the Director upon a demonstration that such a method provides a reliable and accurate method of detection.
(4) If tracer wire and warning tape are used, then tracer wire consisting of copper wire of at least 14 gauge shall be placed adjacent to all horizontal piping during pipe installation, and warning tape shall be installed directly above the horizontal piping approximately 12 inches below final grade.
(5) If concrete monuments are used, then each monument shall be located directly above each individual well, at the perimeter corners of each well field, or in the center of each well cluster. Each concrete monument shall be permanently affixed with an identification plate constructed of durable, weatherproof, rustproof metal or other material approved by the Director as equivalent, which shall be stamped with the following information:
(A) well contractor name and certification number;
(B) number and depth of the borings;
(C) grout depth interval;
(D) well construction completion date; and
(E) identification as a geothermal well or well field.
(g) Testing.
(1) Closed loop tubing shall pass a pressure test on-site prior to installation into the borehole. Any closed loop tubing that fails the pressure test shall either not be used or shall pass a subsequent pressure test prior to installation and after all leaks have been located and repaired.
(2) The closed loop well system shall pass a pressure test after installation and prior to operation. Any pressure fluctuation other than that due to thermal expansion and contraction of the testing medium shall be considered a failed test. Any leaks shall be located and repaired prior to operating the system.
(3) When not providing cathodic protection as specified in Subparagraph (e)(2) of this Rule drilling cuttings shall be tested for pH at a frequency of at least every 10 feet of boring length using a pH meter that has been calibrated prior to use according to the manufacturer's instructions.
(h) Operation.
(1) The well shall be protected against damage during construction and use.
(2) The well shall be operated and maintained in accordance with the manufacturer's specifications throughout its operating life. Cathodic protection, if required, shall be maintained at all times in accordance with the manufacturer's specifications throughout the operating life of the wells.
(i) Monitoring and Reporting.
(1) The well owner shall submit the as-built well locations as documented in accordance with Paragraph (f) of this Rule to the Director and the appropriate county health department. The well owner shall also record these documents with the register of deeds of the county in which the facility is located.
(2) Upon sale or transfer of the property, the owner shall give a copy of these records to the new property owner or owners.
(3) The Director may require any monitoring necessary to ensure compliance with G.S. 87-84.
(4) The permitee shall report any leaks to the Division during the lifetime of the well.
(5) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0224 GEOTHERMAL heating and cooling WATER RETURN WELLS
(a) "Geothermal Heating and Cooling Water Return Wells" means wells that reinject groundwater used to provide heating or cooling for structures. These wells shall not be approved by the Director unless the temperature of the injection fluid does not exceed 30 degrees Fahrenheit above or below the naturally occurring temperature of the receiving groundwater, including wells using a geothermal fluid source. No Geothermal Heating and Cooling Water Return Well shall be constructed, repaired, or operated without a permit.
(b) Permit Applications. In addition to the permit requirements set forth in Rule .0211 of this Section, an application shall be submitted, in duplicate, to the Director made using one form per operation supplied by the Director and shall include the following:
(1) the well owner's name, address, telephone number, email address (if available), and whether the owner is a federal, State, private, public, or other entity. If the well operator is different from the owner, then the same information shall be provided for the well operator;
(2) the physical address of the location of the well site if different than the well owner's mailing address;
(3) a description of the injection activities proposed by the applicant;
(4) a scaled, site-specific map showing at a minimum, the following:
(A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed under Rule .0107 of this Subchapter within 250 feet of the proposed injection wells;
(B) property boundaries within 250 feet of the parcel on which the proposed wells are located; and
(C) an arrow orienting the site to one of the cardinal directions;
(5) the proposed average and maximum daily injection rate, volume, pressure, temperature, and quantity of fluid to be injected;
(6) plans and specifications of the surface and subsurface construction details of the system including a schematic of the injection and source wells construction;
(7) the heating and cooling system installation contractor's name, address, email address (if available), and telephone number; and
(8) any other information necessary for the Department to ensure compliance with G.S. 87-84.
(c) Permit Renewals. Application for permit renewal shall be made at least 120 days prior to the expiration date of the permit.
(d) Well Construction.
(1) A water supply well providing water for a separate geothermal heating and cooling injection well shall be constructed in accordance with the requirements of Rule .0107 of this Subchapter.
(2) A geothermal heating and cooling water return injection well constructed with a well screen shall also be constructed in accordance with the requirements of Rule .0107 of this Subchapter except that the entire length of the casing shall be grouted from the top of the sand or gravel pack to the land surface in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in the degradation of groundwater quality of any aquifer or zone.
(3) For open-end geothermal heating and cooling water return wells (also referred to as open-hole wells), the casing shall be grouted from the bottom of the casing to the land surface in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in degradation groundwater quality of any aquifer or zone.
(4) The injection well system shall be constructed such that sampling taps or other collection equipment approved by the Director provides a functional source of water when the system is operational. Such equipment shall provide the means to collect a water sample after emerging from the water supply well (influent sample), and immediately prior to injection into the return well (effluent sample).
(e) Operation and Maintenance.
(1) Pressure at the well head shall be limited to ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area.
(2) Injection between the outermost casing and the well borehole shall be prohibited.
(3) The well owner shall monitor the operating processes and protect the well against damage during construction and use.
(f) Monitoring and Reporting.
(1) Monitoring of any well may be required by the Director as necessary to ensure compliance with G.S. 87-84.
(2) The well owner shall retain copies of records of site maps showing the location of the injection wells and any testing, calibration, or monitoring information done on-site. Upon sale or transfer of the property, the owner shall give a copy of these records to the new property owner or owners.
(3) The permittee shall record the number and location of the wells with the register of deeds in the county in which the facility is located.
(4) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0225 GROUNDWATER REMEDIATION WELLS AND SYSTEMS
(a) "Groundwater Remediation Wells" means wells that are used to inject additives, treated groundwater, or ambient air for the treatment of contaminated soil or groundwater. Only additives that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be approved for injection.
(b) "Groundwater Remediation Systems" include infiltration galleries and injection wells. When on-site contaminated groundwater is used, the groundwater remediation injection wells shall be permitted in accordance with G.S. 143-215.1A.
(c) Permitted by Rule. The following are permitted by rule pursuant to Rule .0217 of this Section if constructed and operated in accordance with the rules of this Section, all criteria for the specific injection system are met, hydraulic or pneumatic fracturing are not conducted, and the injection wells or injection activities do not result in the violation of any groundwater or surface water standard outside the injection zone:
(1) Passive Injection Systems that use in-well delivery systems to diffuse injectants into the subsurface;
(2) Small-scale Injection Operations used to inject tracers or other additives to remediate contaminant plumes located within a land surface area not to exceed 10,000 square feet;
(3) Pilot Tests conducted to evaluate the technical feasibility of a remediation strategy in order to develop a full scale remediation plan for future implementation, if the surface area of the injection zone wells are located within an area that does not exceed five percent of the land surface above the known extent of groundwater contamination. A pilot test may involve multiple injection wells, injection events, and injectants within the specified area. An individual permit shall be required to conduct more than one pilot test on any separate groundwater contaminant plume;
(4) Air Injection Wells used to inject ambient air to enhance in-situ treatment of groundwater and that meet the following requirements:
(A) The air to be injected shall not exceed the ambient air quality standards set forth in 15A NCAC 02D .0400 and shall not contain petroleum or any other constituent that would cause a violation of groundwater standards specified in Subchapter 02L; and
(B) Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter.
(5) In-situ thermal (IST) well systems shall meet the following requirements:
(A) Any IST systems used shall not contain petroleum or any other constituent that would cause a violation of groundwater standards specified in Subchapter 02L; and
(B) Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter.
(d) Notification for Groundwater Remediation Wells described in Subparagraphs (c)(1) through (c)(3), and (c)(5) of this Rule shall be submitted to the Director two weeks prior to injection made using one form per facility supplied by the Director. Such notification shall include the following:
(1) the name and contact information of the well owner;
(2) the name and contact information of the person who can answer technical questions about the proposed injection system, if different from the well owner;
(3) geographic coordinates of the injection well or well field;
(4) maps of the injection zone indicating the known extent of contamination such as:
(A) contaminant plume maps with isoconcentration lines that show the horizontal extent of the contaminant plume in soil and groundwater, existing and proposed monitoring wells, and existing and proposed injection wells; and
(B) cross-sections to the known or projected depth of contamination that show the horizontal and vertical extent of the contaminant plume in soil and groundwater, changes in lithology, existing and proposed monitoring wells, and existing and proposed injection wells;
(5) the purpose, scope, and goals of the proposed injection activity;
(6) the name, volume, concentration, and Material Safety Data Sheet of each injectant;
(7) a schedule of injection well construction and injection activities;
(8) the plans and specifications of each injection well or well system, which include:
(A) the number and depth of injection wells;
(B) information on whether the injection wells are existing or proposed;
(C) the well contractor name and certification number; and
(D) information on of whether the injection wells are permanent wells, "direct push" temporary injection wells, or are subsurface distribution systems; and
(9) a description of a monitoring plan capable of determining if violations of groundwater quality standards specified in Subchapter 02L result from the injection activity.
(e) Notification for Air Injection Wells described in Subparagraph (c)(4) of this Rule shall be submitted to the Director two weeks prior to injection on forms supplied by the Director. Such notification shall include the following:
(1) the facility name, address, and location indicated by either:
(A) the latitude and longitude with reference datum, position accuracy, and method of collection; or
(B) a facility site map with property boundaries;
(2) the name, telephone number, and mailing address of the person responsible for installation or operation of the wells;
(3) the ownership of facility as a private individual or organization or a federal, State, county, or other public entity;
(4) the number of injection wells and their construction details; and
(5) the operating status as proposed, active, inactive, temporarily abandoned, or permanently abandoned.
(f) Permit Applications for all Groundwater Remediation Wells not Permitted by Rule. In addition to the permit requirements set forth in Rule .0211 of this Section, an application for all groundwater remediation wells not permitted by rule shall be submitted in duplicate to the Director made using one form per facility furnished by the Director and shall include the following:
(1) Site Description and Incident Information. The site description and incident information shall include the following:
(A) the name of the well owner or person otherwise responsible for the installation or operation of injection wells, mailing address, telephone number, and whether the owner is a federal, State, private, public, or other entity;
(B) the name of the property owner, if different from the well owner, physical address, mailing address, and telephone number;
(C) the name, mailing address, telephone number, geographic coordinates of the facility for which the application is submitted, a brief description of the nature of the business, and the status of the facility such as closed, still operating, or under construction;
(D) a description of the contamination incident including the source, type, cause, and release dates of the contamination; a list of all contaminants in the affected soil or groundwater; the presence and thickness of free product; and the maximum contaminant concentrations detected in the affected soil and groundwater;
(E) the State agency responsible for management of the contamination incident, including the incident tracking number, and the incident manager's name and telephone number; and
(F) a list of all permits issued for the facility or contamination incident, including Hazardous Waste Management program permits or approval under the Resource Conservation and Recovery Act (RCRA), waste disposal permits issued in accordance with G.S. 143-215.1, Sewage Treatment and Disposal Permits issued in accordance with G.S. 130A, and any other environmental permits required by State or federal law.
(2) Soils Evaluation (For Systems Treating On-Site Contaminated Groundwater Only). For systems with proposed discharge within seven feet of land surface and above the seasonal high water table, a soil evaluation of the disposal site shall be provided to the Division by the applicant. If required by G.S. 89F, a soil scientist shall submit this evaluation. If this evaluation is submitted, it shall include the following information:
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.]
(A) Field description of soil profile. Based on examinations of excavation pits or auger borings, the following parameters shall be described by individual horizons to a depth of seven feet below land surface or to bedrock: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive horizons; pH; cation exchange capacity; and presence or absence of evidence of any seasonal high water table. Applicants shall dig pits when necessary for evaluation of the soils at the site.
(B) Recommendations concerning annual and instantaneous loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon.
(3) Injection Zone Determination. The applicant shall specify the horizontal and vertical portion of the injection zone within which the proposed injection activity shall occur based on the hydraulic properties of that portion of the injection zone specified. No violation of groundwater quality standards specified in Subchapter 02L resulting from the injection shall occur outside the specified portion of the injection zone as detected by a monitoring plan approved by the Division. For systems treating on-site contaminated groundwater, computer modeling or predictive calculations based on site-specific conditions shall be provided to demonstrate that operation of the system shall not cause or contribute to the migration of contaminants into previously uncontaminated areas. This prescribed injection zone shall replace the compliance boundary as defined in 15A NCAC 2L .0107.
(4) A hydrogeologic evaluation of the disposal site to a depth that includes the injection zone determined in accordance with Subparagraph (3) of this Paragraph. If required by G.S. 89E, G.S. 89C, or G.S. 89F, a licensed geologist, professional engineer, or licensed soil scientist shall prepare a hydrogeologic evaluation of the facility. The hydrogeologic evaluation shall include all of the following:
(A) the regional and local geology and hydrogeology;
(B) the changes in lithology underlying the facility;
(C) the depth to bedrock;
(D) the depth to the mean seasonal high water table;
(E) the hydraulic conductivity, transmissivity, and storativity of the injection zone based on tests of site-specific material, including a description of the tests used to determine these parameters;
(F) the rate and direction of groundwater flow as determined by predictive calculations or computer modeling; and
(G) the lithostratigraphic and hydrostratigraphic logs of test and injection wells.
(5) Area of Review. The area of review shall be calculated using the procedure for determining the zone of endangering influence specified in 40 CFR 146.6(a). The applicant shall identify all wells within the area of review that penetrate the injection or confining zone and repair or permanently abandon all wells that are improperly constructed or abandoned.
(6) Injectant Information. The applicant shall submit the following information for each proposed injectant:
(A) the injectant name and manufacturer, concentration at the point of injection, and percentage if present in a mixture with other injectants;
(B) the chemical, physical, biological, or radiological characteristics necessary to evaluate the potential to adversely affect human health or groundwater quality;
(C) the source of fluids used to dilute, carry, or otherwise distribute the injectant throughout the injection zone as determined in accordance with Subparagraph (f)(3) of this Rule. If any well within the area of review of the injection facility is to be used as the fluid source, then the following information shall be submitted: location or ID number, depth of source, formation, rock or sediment type, and a chemical analysis of the water from the source well, including analyses for all contaminants suspected or historically recognized in soil or groundwater on the site;
(D) a description of the rationale for selecting the injectants and concentrations proposed for injection, including an explanation or calculations of how the proposed injectant volumes and concentrations were determined;
(E) a description of the reactions between the injectants and the contaminants present, including specific breakdown products or intermediate compounds that may be formed by the injection;
(F) a summary of results if modeling or testing was performed to investigate the injectant's potential or susceptibility for biological, chemical, or physical change in the subsurface; and
(G) an evaluation concerning the development of byproducts of the injection process, including increases in the concentrations of naturally occurring substances. Such an evaluation shall include the identification of the specific byproducts of the injection process, projected concentrations of byproducts, and areas of migration as determined through modeling or other predictive calculations.
(7) Injection Procedure. The applicant shall submit a description of the proposed injection procedure that includes the following:
(A) the proposed average and maximum daily rate and quantity of injectant;
(B) the average maximum injection pressure expressed in units of pounds per square inch (psi); and
(C) the total or estimated total volume to be injected.
(8) Engineering Planning Documents (For Systems Treating On-Site Contaminated Groundwater Only). If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.]
(A) engineering plans for the entire system, including treatment, storage, application, and disposal facilities and equipment, except those previously permitted unless they are directly tied into the new units or are critical to the understanding of the complete process;
(B) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the entire groundwater remediation system;
(C) plans that include construction details of recovery, injection, and monitoring wells and infiltration galleries;
(D) operating plans that include:
(i) the operating schedule including any periodic shut-down times;
(ii) required maintenance activities for all structural and mechanical elements;
(iii) a list of all consumable and waste materials with their intended source and disposal locations;
(iv) restrictions on access to the site and equipment; and
(v) provisions to ensure the quality of the treated effluent and hydraulic control of the system at all times when any portion of the system ceases to function, such as standby power capability, complete system-off status, or duplicity of system components.
(9) Fracturing Plan. If hydraulic or pneumatic fracturing is proposed, then the applicant shall submit a detailed description of the fracturing plan that includes the following:
(A) Material Safety Data Sheets of fracturing media including information on any proppants used;
(B) a map of fracturing well locations indicating the known extent of groundwater contamination and all buildings, wells, septic systems, underground storage tanks, and underground utilities located within the area of review as described in Subparagraph (5) of this Paragraph;
(C) a demonstration that the fracturing process shall not result in the fracturing of any confining units or otherwise cause or contribute to the migration of contamination into uncontaminated areas, or otherwise cause damage to buildings, wells, septic systems, underground storage tanks, and underground utilities;
(D) the injection rate and volume;
(E) the orientation of bedding planes, joints, and fracture sets of the fracture zone;
(F) a performance monitoring plan for determining the fracture well radius of influence; and
(G) if conducted, the results of geophysical testing or a pilot demonstration of fracture behavior conducted in an uncontaminated area of the site.
(10) Injection well construction details including:
(A) the number and depth of injection wells;
(B) the number and depth of borings if using multi-level or "nested" well systems;
(C) information on whether the injection wells are existing or proposed;
(D) the depth and type of casing;
(E) the depth and type of screen material;
(F) the depth and type of grout;
(G) information on whether the injection wells are permanent or temporary "direct push" points; and
(H) the plans and specifications of the surface and subsurface construction details of each injection well or well system.
(11) Monitoring Wells. Monitoring wells shall be of sufficient quantity and location to detect any movement of injection fluids, injection process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (f)(3) of this Paragraph. The monitoring schedule shall be consistent with the proposed injection schedule, the pace of the anticipated reactions, and the rate of transport of the injectants and contaminants. The applicant shall submit a monitoring plan that includes the following:
(A) the target contaminants and the secondary or intermediate contaminants that may result from the injection;
(B) the other parameters that may serve to indicate the progress of the intended reactions;
(C) a list of existing and proposed monitoring wells to be used; and
(D) a sampling schedule for monitoring the proposed injection.
(12) Well Data Tabulation. A tabulation of data on all existing or abandoned wells within the area of review of the injection wells that penetrate the proposed injection zone, including monitoring wells and wells proposed for use as injection wells. Such data shall include a description of each well's type, depth, record of abandonment or completion, and any additional information the Director may require to ensure compliance with G.S. 87-84.
(13) Maps and Cross-Sections. Scaled, site-specific site plans or maps depicting the location, orientation, and relationship of facility components including the following:
(A) an area map based on the most recent USGS 7.5' topographic map of the area, at a scale of 1:24,000 and showing the location of the proposed injection site;
(B) topographic contour intervals showing all facility related structures, property boundaries, streams, springs, lakes, ponds, and other surface drainage features;
(C) all existing or abandoned wells within the area of review of the injection wells listed in the tabulation required in Subparagraph (12) of this Paragraph that penetrate the proposed injection zone, including water supply wells, monitoring wells, and wells proposed for use as injection wells;
(D) potentiometric surface maps that show the direction of groundwater movement and existing and proposed wells;
(E) contaminant plume maps with isoconcentration lines that show the horizontal extent of the contaminant plume in soil and groundwater and existing and proposed wells;
(F) cross-sections to the known or projected depth of contamination that show the horizontal and vertical extent of the contaminant plume in soil and groundwater, major changes in lithology, and existing and proposed wells; and
(G) any existing sources of potential or known groundwater contamination, including waste storage, treatment, or disposal systems, within the area of review of the injection well or well system.
(14) Any other information necessary for the Department to ensure compliance with G.S. 87-84.
(g) Injection Volumes. The Director may establish maximum injection volumes and pressures necessary to ensure compliance with G.S. 87-84 and that:
(1) fractures are not initiated in the confining zone of the injection zone determined in accordance with Subparagraph (f)(3) of this Rule;
(2) injected fluids do not migrate outside the injection zone or area; and
(3) injected fluids and fractures do not cause or contribute to the migration of contamination into uncontaminated areas.
(h) Well Construction.
(1) Wells shall not be located where:
(A) surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscapes that will divert water to the well;
(B) a person would be required to enter confined spaces to perform sampling and inspection activities; and
(C) injectants or formation fluids would migrate outside the approved injection zone as determined by the applicant in accordance with Subparagraph (f)(3) of this Rule.
(2) Wells used for hydraulic or pneumatic fracturing shall be located within the boundary of known groundwater contamination but no closer than 75 feet to this boundary unless it can be demonstrated that a lesser separation distance will not adversely affect human health or cause a violation of a groundwater quality standard as specified in Subchapter 02L, such as through the use of directional fracturing.
(3) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well during its lifetime.
(4) The well shall be constructed in a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus either during or after construction.
(5) The borehole shall not penetrate to a depth greater than the depth at which injection will occur unless the purpose of the borehole is the investigation, of the geophysical and geochemical characteristics of an aquifer. Following completion of the investigation the borehole beneath the zone of injection shall be grouted completely to prevent the migration of any contaminants.
(6) For "direct-push" temporary injection wells constructed without permanent or temporary casing, injection and well abandonment activities shall be conducted within the same working day as when the borehole is constructed.
(7) Drilling fluids shall contain only potable water and may be comprised of one or more of the following:
(A) the formation material encountered during drilling; and
(B) materials manufactured specifically for the purpose of borehole conditioning or well construction.
(8) Only allowable grout listed under Rule .0107 of this Subchapter shall be used; however, bentonite grout shall not be used:
(A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction; or
(B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well.
(9) The annular space between the borehole and casing shall be grouted:
(A) with a grout that is non-reactive with the casing or screen materials, the formation, or the injectant;
(B) from the top of the gravel pack to land surface and in a way that there is no interconnection of aquifers or zones having differences in water quality that would result in the degradation of the groundwater quality of any aquifer or zone; and
(C) so that the grout extends outward from the casing wall to a thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater. In no case shall a well be required to have an annular grout seal thickness greater than four inches.
(10) Grout shall be emplaced around the casing by one of the following methods:
(A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface;
(B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space that can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or
(C) Other. Grout may be emplaced in the annular space by gravity flow in a way to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space at the time of grouting.
(11) All grout mixtures shall be prepared prior to emplacement per the manufacturer's directions with the exception that bentonite chips or pellets may be emplaced by gravity flow if water is present or otherwise hydrated in place.
(12) If an outer casing is installed, it shall be grouted by either the pumping or pressure method.
(13) The well shall be grouted within seven days after the casing is set or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water-bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casing is set.
(14) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing.
(15) A casing shall be installed that extends from at least 12 inches above land surface to the top of the injection zone.
(16) Wells with casing extending less than 12 inches above land surface and wells without casing shall be approved by the Director only when one of the following conditions is met:
(A) site specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; or
(B) it is not operationally feasible for the well head to be completed 12 inches above land surface due to the engineering design requirements of the system.
(17) Multi-screened wells shall not connect aquifers or zones having differences in water quality that would result in a degradation of the groundwater quality of any aquifer or zone.
(18) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well.
(19) Packing materials for gravel and sand packed wells shall be:
(A) composed of quartz, granite, or other hard, non-reactive rock material;
(B) of uniform size, water-washed and free from clay, silt, and toxic materials;
(C) disinfected prior to subsurface emplacement;
(D) emplaced such that it will not connect aquifers or zones having differences in water quality that would result in the deterioration of the water quality in any aquifer or zone; and
(E) evenly distributed around the screen and shall extend to a depth at least one foot above the top of the screen. A one foot thick or greater seal comprised of bentonite clay, shall be emplaced directly above and in contact with the packing material.
(20) All permanent injection wells shall have a well identification plate that meets the criteria specified in Rule .0107 of this Subchapter.
(21) A hose bibb, sampling tap, or other collection equipment shall be installed on the line entering the injection well such that a sample of the injectant can be obtained prior to its entering the injection well.
(22) If applicable, all piping, wiring, and vents shall enter the well through the top of the casing unless it is based on a design demonstrated to preclude surficial contaminants from entering the well.
(23) The well head shall be completed in a manner to preclude surficial contaminants from entering the well, and well head protection shall include:
(A) an accessible external sanitary seal installed around the casing and grouting; and
(B) a water-tight cap or well seal compatible with the casing and installed so that it cannot be removed without the use of hand or power tools.
(i) Mechanical Integrity. All permanent injection wells shall be tested for mechanical integrity, which shall be conducted in accordance with Rule .0207 of this Section.
(j) Operation and Maintenance.
(1) Unless permitted by this Rule, pressure at the well head shall be limited to a maximum that will ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area.
(2) Injection between the outermost casing and the well borehole is prohibited.
(3) The well owner shall monitor the operating processes at the well head and shall protect the well head against damage during construction and use.
(k) Monitoring.
(1) Monitoring of the injection well shall be required by the Director to protect groundwaters of the State.
(A) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(B) Analysis of the physical, chemical, biological, or radiological characteristics of the injectant shall be made monthly or more frequently, as approved by the Director, in order to provide representative data for characterization of the injectant.
(C) Monitoring of injection pressure, flow rate, and cumulative volume shall occur according to a schedule determined necessary by the Director.
(D) Monitoring wells associated with the injection site shall be monitored quarterly or on a schedule determined by the Director to detect any migration of injected fluids from the injection zone.
(2) In determining the type, density, frequency, and scope of monitoring, the Director shall consider the following:
(A) physical and chemical characteristics of the injection zone;
(B) physical and chemical characteristics of the injected fluids;
(C) volume and rate of discharge of the injected fluids;
(D) compatibility of the injected fluids with the formation fluids;
(E) the number, type, and location of all wells, mines, surface bodies of water, and structures within the area of review;
(F) proposed injection procedures;
(G) expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid;
(H) proposals of corrective action to be taken in the event that a failure in any phase of injection operations renders the groundwaters unsuitable for their best intended usage as defined 15A NCAC 02L; and
(I) the life expectancy of the injection operations.
(3) Monitoring wells completed in the injection zone and any of those zones adjacent to the injection zone may be affected by the injection operations. If affected, the Director may require additional monitor wells located to detect any movement of injection fluids, injection process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (f)(3) of this Rule. If the operation is affected by subsidence or catastrophic collapse, any other required monitoring wells shall be located so that they will not be physically affected and shall be of an adequate number to detect movement of injected fluids, process byproducts, or formation fluids outside the injection zone or area. In determining the number, location and spacing of monitoring wells, the following criteria shall be considered by the Director:
(A) the population relying on the groundwater resource affected, or potentially affected, by the injection operation;
(B) the proximity of the injection operation to points of withdrawal of groundwater;
(C) the local geology and hydrology;
(D) the operating pressures;
(E) the chemical characteristics and volume of the injected fluid, formation water, and process byproducts; and
(F) the number of existing injection wells.
(l) Reporting.
(1) For all injection wells, the well owner shall be responsible for submitting to the Director on forms furnished by the Director the following:
(A) a record of the construction (form GW-1), abandonment (form GW-30), or repairs of the injection well within 30 days of completion of the specified activities; and
(B) the Injection Event Record within 30 days of completing each injection.
(2) For injection wells requiring an individual permit, the following shall apply:
(A) The well owner shall be responsible for submitting to the Director hydraulic or pneumatic fracturing performance monitoring results;
(B) All sampling results shall be reported to the Division annually or at another frequency determined by the Director based on the reaction rates, injection rates, likelihood of secondary impacts, and site-specific hydrogeologic information;
(C) A final project evaluation report shall be submitted within nine months after completing all injection-related activities associated with the permit or submit a project interim evaluation before submitting a renewal application for the permit. This document shall assess the injection projects findings in a written summary. The final project evaluation shall also contain monitoring well sampling data, contaminant plume maps, and potentiometric surface maps; and
(D) For groundwater remediation injection permits, each monitoring report shall include a summary identifying any detectable contaminant degradation breakdown products, and a table with historical laboratory analytical results. The table shall indicate any exceedances of groundwater standards per 15A NCAC 02L .0202, and shall distinguish data collected prior to injection from data collected after injection.
(m) Application and Annual Fees (For Systems Treating On-Site Contaminated Groundwater Only)
(1) Application Fee. For every application for a new or major modification of a permit under this Rule, a nonrefundable application processing fee in the amount provided in G.S. 143-215.3D shall be submitted to the Division by the applicant at the time of application. Modification fees shall be based on the annual fee for the facility.
(2) Annual Fees. An annual fee for administering and compliance monitoring shall be charged in each year of the term of every renewable permit per the schedule in G.S. 143-215.3D(a). Annual fees shall be paid for any facility operating on an expired permit that has not been rescinded or revoked by the Division. Permittees shall be billed annually by the Division. A change in the facility, which changes the annual fee, shall result in the revised annual fee being billed effective with the next anniversary date.
(3) Failure to pay an annual fee within 30 days after being billed may be cause for the Division to revoke the permit upon 60 days notice.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0226 SALINITY BARRIER WELLS
Salinity Barrier Wells, which inject uncontaminated water into an aquifer to prevent the intrusion of salt water into the fresh water, shall meet the requirements of Rule .0219 of this Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0227 STORMWATER DRAINAGE WELLS SYSTEMS
(a) Stormwater Drainage Wells Systems means well systems that receive the flow of water that occurs during rainfall or a snowmelt event.
(b) The following Stormwater Drainage Wells Systems shall be permitted by rule pursuant to Rule .0217 of this Section:
(1) systems designed in accordance with stormwater controls required by federal laws and regulations, State statutes and rules, or local controls; and
(2) infiltration systems, which receive stormwater from roof tops.
(c) Nothing in this Rule shall be construed as to allow untreated stormwater to be injected directly into any aquifer or to otherwise result in the violation of any groundwater quality standard as specified in 15A NCAC 02L.
(d) Reporting. Within 30 days of a change of status of the well drainage system, the owner or operator shall submit the following information to the Division:
(1) the facility name, address, and location indicated by either:
(A) latitude and longitude with reference datum, position accuracy, and method of collection; or
(B) a facility site map indicating property boundaries;
(2) the name, telephone number, and mailing address of owner or operator;
(3) the ownership of facility as a private individual or organization, or a federal, State, county, or other public entity;
(4) the number of injection wells drainage and collection systems; and
(5) the well injection system status as proposed, active, inactive, temporarily abandoned, or permanently abandoned.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0228 SUBSIDENCE CONTROL WELLS
Subsidence Control Wells, which are used to inject uncontaminated fluids to reduce or eliminate subsidence associated with overdraft of fresh water or other activities not related to oil or natural gas production, shall meet the requirements of Rule .0219 of this Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0229 TRACER WELLS
Tracer Wells, which are used to inject substances for determining hydrogeologic properties of aquifers, shall meet the requirements of Rule .0225 of this Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0230 OTHER WELLS
Other Wells shall meet the requirements of that injection well type described in Rule .0209(5)(b) of this Section that most closely resembles the proposed Other Well's hydrogeologic complexity and potential to adversely affect groundwater quality. The Director may impose additional requirements to ensure compliance with G.S. 87-84.
History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0240 ABANDONMENT AND CHANGE-OF-STATUS OF INJECTION WELLS AND SYSTEMS
(a) Injection wells and injection well systems shall be abandoned by the well owner in accordance with one of the following procedures or other alternatives approved by the Director that ensures compliance with G.S. 87-84:
(1) Wells other than closed-loop geothermal wells shall be temporarily or permanently abandoned as required by Rule .0113 of this Subchapter.
(2) Closed-loop geothermal wells that are temporarily abandoned shall be maintained so that they are not a source or channel of contamination during the period of abandonment.
(3) Closed-loop geothermal wells shall be permanently abandoned as follows:
(A) all casing, tubing, or piping and associated materials shall be removed prior to abandonment if that removal will not cause or contribute to contamination of groundwater;
(B) the boring shall be filled from bottom to top with grout through a hose or pipe that extends to the bottom of the well and is raised as the well is filled;
(C) for tubing with an inner diameter of one-half inch or greater, the entire vertical length of the inner tubing shall be grouted;
(D) for tubing with an inner diameter less than one-half inch that cannot feasibly be grouted, the tubing shall be refilled with potable water and capped or sealed at a depth not less than two feet below land surface; and
(E) any protective or surface casing not grouted in accordance with the requirements set forth in this Section shall be removed and the well shall be grouted in accordance with the requirements set forth in this Section.
(4) If a subsurface cavity has been created as a result of the injection operations, the well shall be abandoned in a manner that will prevent the movement of fluids into or between aquifers and in accordance with the terms and conditions of the permit.
(b) An injection well that acts as a source or channel of contamination shall be brought into compliance with the standards and criteria of these Rules, repaired, or permanently abandoned. Repair or permanent abandonment shall be completed within 15 days of the discovery of the noncompliance.
(c) Exploratory or test wells, constructed for the purposes of obtaining information regarding an injection well site, shall be permanently abandoned in accordance with Rule .0113 of this Subchapter within two days after drilling or two days after testing is complete, whichever is later. However, if a test well is being converted to a permanent injection well, this conversion shall be completed within 30 days after drilling.
(d) An injection well shall be permanently abandoned by the drilling contractor before removing his or her equipment from the site if the well casing has not been installed or has been removed from the well bore.
(e) The well owner shall be responsible for permanent abandonment of a well except that:
(1) the well contractor shall be responsible for well abandonment if abandonment is required because the well contractor improperly locates, constructs, repairs or completes the well;
(2) the person who installs, repairs or removes the well pump shall be responsible for well abandonment if that abandonment is required because of improper well pump installation, repair or removal; or
(3) the well contractor (or individual) who conducts a test boring shall be responsible for its abandonment at the time the test boring is completed.
(f) Groundwater remediation systems that include infiltration galleries shall be abandoned as follows:
(1) 30 days prior to initiation of closure of a groundwater remediation system, the permittee shall submit the following documentation to the Division:
(A) the reasons for closure;
(B) a letter from the oversight agency authorizing closure of the system; and
(C) a description of the proposed closure procedure.
(2) The infiltration gallery shall be closed such that it:
(A) will be rendered permanently unusable for the disposal of fluids; and
(B) will not serve as a source or channel of contamination.
(3) Within 30 days following upon completion of the closure, the permittee shall submit the following documentation to the Division:
(A) a description of the completed closure procedure;
(B) the dates of all actions taken for the procedure; and
(C) a written certification a by North Carolina licensed engineer or geologist that the closure has been accomplished, and that the information submitted is complete, factual, and accurate.
History Note: Authority G.S. 87-87; 87-88; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0241 VARIANCE
(a) The Secretary, through the Director, may grant a variance from any construction or operation standards under the rules of this Section. Any request for a variance shall be made using the form set forth in Rule .0118(b) of the Subchapter by the person responsible for construction of the well for which the variance is sought pursuant to Rule .0118(b) of this Subchapter. The Director shall grant the variance if:
(1) the use of the well will not endanger human health and welfare or the groundwater; and
(2) construction or operation in accordance with the standards is not technically feasible or the proposed construction provides equal or better protection of the groundwater.
(b) The Secretary, through the Director, may require the variance applicant to submit such information necessary to make a decision to grant or deny the variance. The Director may impose such conditions on a variance or the use of a well for which a variance is granted and is necessary to ensure compliance with G.S. 87-84. The facts supporting any variance under this Rule shall be in writing and made part of the variance.
(c) The Secretary, through the Director, shall respond in writing to a request for a variance within 30 days after receipt of the variance request.
(d) For variances requested as a part of a permit application, the Director may include approval as a permit condition.
(e) A variance applicant who is dissatisfied with the decision of the Director may commence a contested case by filing a petition under G.S. 150B-23 within 60 days after receipt of the decision.
History Note: Authority G.S. 87-87(4); 87-88; 143-215.1A; 143-215.3(a)(4);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
15A NCAC 02C .0242 DELEGATION
(a) The Secretary is delegated the authority to grant permission for well construction under G.S. 87-87.
(b) The Secretary is delegated the authority to give notices and sign orders for violations under G.S. 87-91.
(c) The Secretary may grant a variance from any construction standard, or the approval of alternate construction methods or materials, as specified under the rules of this Section.
History Note: Authority G.S. 87-87(4); 143-215.1A; 143-215.3(a)(1); 143-215.3(a)(4);
Eff. May 1, 2012;
Readopted Eff. September 1, 2019.
SECTION .0300 - PERMITTING AND INSPECTION OF PRIVATE DRINKING WATER WELLS
15A NCAC 02C .0301 SCOPE AND PURPOSE
(a) The purpose of the rules of this Section is to set out standards for permitting and inspection of private drinking water wells as defined in G.S 87-85 by local health departments pursuant to G.S. 87-97.
(b) The rules of 15A NCAC 02C .0100 apply to private drinking water wells, as well as the following:
(1) Potential sources of groundwater contamination shall not be located closer to the well than the separation distances specified in 15A NCAC 02C .0107(a)(2) or .0107(a)(3), as applicable;
(2) In addition to the provisions in 15A NCAC 02C .0109, the builder, well contractor, pump installer, or homeowner, as applicable, shall provide assistance when necessary to gain access for inspection of the well, pumps, and pumping equipment; and
(3) In addition to the requirements of 15A NCAC 02C .0113, any well that acts as a source or channel of contamination shall be repaired or permanently abandoned within 30 days of receipt of notice from the local health department.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0302 DEFINITIONS
The definitions in G.S. 87-85 and 15A NCAC 02C .0102 apply throughout this Section. In addition, the following definitions apply throughout this Section:
(1) "Abandonment Permit" means a well abandonment permit issued by the local health department authorizing or allowing the permanent abandonment of any private drinking water well as defined in the rules of this Section.
(2) "Certificate of Completion" means a certification by the local health department that a private drinking water well has been constructed or repaired in compliance with the construction permit or repair permit.
(3) "Construction of wells" means the term as defined in G.S. 87-85.
(4) "Construction permit" means a well construction permit issued by the local health department authorizing or allowing the construction of any private drinking water well as defined in the rules of this Section.
(5) "Known source of release of contamination" means a location where any of the following activities, facilities, or conditions have been documented by the Department of Environmental Quality or a local health department:
(a) Groundwater contamination incidents arising from agricultural operations, including application of agricultural chemicals pursuant to 15A NCAC 02L;
(b) Groundwater contamination associated with the construction or operation of injection, monitoring, and other wells subject to permitting under the Well Construction Act and this Subchapter;
(c) Groundwater contamination associated with the operation of non- discharge, discharge (NPDES) facilities, land application of animal waste, and other activities subject to permitting under G.S. 143-215.1;
(d) Releases of hazardous waste or constituents that currently exceed the Groundwater Quality Standards listed in 15A NCAC 02L at facilities governed under G.S. 130A-294;
(e) Dry-Cleaning Solvent Cleanup sites regulated under G.S. 143-215.104(A);
(f) Pre-regulatory landfills and Inactive hazardous substance or waste disposal sites governed under the Inactive Hazardous Sites Act of 1987, G.S. 130A-310;
(g) Solid waste facilities subject to 15A NCAC 13B that have monitoring wells with exceedances of the Groundwater Protection Standards as defined in 15A NCAC 13B .1634(g) and (h);
(h) Releases of petroleum and hazardous substances subject to G.S. 143-215.75 through 215.98;
(i) Sites that fall within the authority of the Brownfields Property Reuse Act as defined by G.S. 130A, Article 9 Part 5;
(j) Contamination associated with pollution sources in soils or other sites known or suspected to have exceeded the Groundwater Quality Standards listed in 15A NCAC 02L; or
(k) Contamination known to the local health department through experience with the property, surrounding properties, or information provided by the applicant.
(7) "Local Health Department" means the authorized agent of the county or district health department or its successor.
(8) "Person" means the term as defined in G.S. 87-85.
(9) "Plat" means a property survey prepared by a registered land surveyor, drawn to a scale of one inch equals no more than 60 feet, that includes: the specific location of all structures and proposed structures and appurtenances, including decks, porches, pools, driveways, out buildings, existing and proposed wastewater systems, existing and proposed wells, springs, water lines, surface waters or designated wetlands, easements, including utility easements, and existing or proposed chemical or petroleum storage tanks above or below ground. "Plat" also means, for subdivision lots approved by the local planning authority and recorded with the county register of deeds, a copy of the recorded subdivisions plat that is accompanied by a site plan that is drawn to scale.
(10) "Pumps" and "pumping equipment" means the terms as defined in G.S. 87-85.
(11) "Repair" means the term as defined in G.S. 87-85.
(12) "Repair permit" means a well repair permit issued by the local health department authorizing or allowing the repair of any private drinking water well as defined in the rules of this Section.
(13) "Site plan" means a drawing not necessarily drawn to scale that shows the existing and proposed property lines with dimensions, and the specific location of all structures and proposed structures and appurtenances, including decks, porches, pools, driveways, out buildings, existing and proposed wastewater systems, existing and proposed wells, springs, water lines, surface waters or designated wetlands, easements, including utility easements, and existing or proposed chemical or petroleum storage tanks above or below ground.
(14) "Water supply system" means pump and pipe used in connection with or pertaining to the operation of a private drinking water well including pumps, distribution service piping, pressure tanks, and fittings.
(15) "Well contractor activity" has the same meaning as in G.S. 87-98.2(6).
(16) "Well seal" means the term as defined in G.S. 87-85.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0303 APPLICATION FOR PERMIT
A property owner or the property owner's agent shall submit an application for a permit to construct, repair, or abandon a private drinking water well to the local health department for the county where the well is located or will be located. The application shall include:
(1) The name, the address, and the phone number of the proposed well property owner or agent;
(2) The signature of owner or agent;
(3) The address and the parcel identification number of the property where the proposed well is to be located;
(4) A plat or site plan;
(5) The intended use(s) of the property;
(6) Other information deemed necessary by the local health department to determine the location of the property and any site characteristics, such as existing or permitted sewage disposal systems, easements or rights of way, existing wells or springs, surface water or designated wetlands, chemical or petroleum storage tanks, landfills, waste storage, known source of release of contamination, and any other characteristics or activities on the property or adjacent properties that could impact groundwater quality or suitability of the site for well construction;
(7) Any current or pending restrictions regarding groundwater use as specified in G.S. 87-88(a); and
(8) Any variances regarding well construction or location issued under 15A NCAC 02C .0118.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0304 PERMITTING
(a) No person shall construct a private drinking water well without first obtaining a well construction permit from the local health department. No person shall repair a private drinking water well without first obtaining a well repair permit, except a well repair permit is not required for maintenance or pump repair or replacement. Disinfection in accordance with 15A NCAC 02C .0111 is a maintenance activity that does not require a repair permit. No person shall permanently abandon a private drinking water well without first obtaining a well abandonment permit from the local health department.
(b) Before issuing a well construction permit, the local health department shall conduct a field investigation to evaluate the topography, landscape position, available space, and potential sources of groundwater contamination on or around the site where a private drinking water well is to be located. Furthermore, the Department shall conduct a search of DEQ's published inventories to determine whether the proposed well site is located within 1,000 feet of a known source of release of contamination. The local health department shall issue a private water well construction permit after determining the site can be permitted for a well meeting the rules of this Section. The local health department shall not issue a construction permit for a well in violation of restrictions regarding groundwater use established pursuant to G.S. 87-88(a). The construction permit shall include a site plan showing the location of potential sources of contamination and area(s) suitable for well construction. The construction permit shall reference documentation from DEQ's published inventories of known releases of contamination within 1,000 feet of the proposed well site, and any known risk of constructing the well related to those findings. The local health department shall issue a written notice of denial of a construction permit if it determines a private drinking water well cannot be constructed in compliance with the rules of this Section. The notice of denial shall include reference to specific laws or rules that cannot be met and shall be provided to the applicant.
(c) Any well permit shall be valid for a period of five years; however, the local health department may revoke a permit at any time if it determines that there has been a material change in any fact or circumstance upon which the permit shall not be issued. The validity of a well construction permit or a well repair permit is not affected by a change in ownership of the site where a private drinking water well is proposed to be located if the proposed well can still be constructed or repaired in the permitted area and in accordance with this Section and 15A NCAC 02C .0100. The local health department may suspend or revoke any permits issued upon a determination that the rules of this Section have been violated.
(d) If there is an improperly abandoned well(s) on the site, the construction permit shall be conditioned upon repair or abandonment of those improperly abandoned well(s) in accordance with the rules of 15A NCAC 02C .0100.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0305 GROUT INSPECTION AND CERTIFICATION
(a) The well contractor shall contact the local health department to schedule a grout inspection before grouting a private drinking water well and include the location, permit number, and anticipated time for grouting each private drinking water well. The local health department shall schedule the appointment by the end of the business day before the grouting is to occur except where the local health department has made provisions for scheduling inspections at night or on the same day of the inspection.
(b) Upon completion of a grout inspection, the local health department shall provide a written certification on the well permit that a grout inspection was completed and that the grouting is in compliance with the rules of 15A NCAC 02C .0100. When a local health department is unable to conduct a grout inspection within one hour of the scheduled time, the well contractor may grout a well without a grout inspection by the local health department. The well contractor shall provide a written certification to the local health department that the well has been grouted in compliance with the rules of 15A NCAC 02C .0100. A completed Well Construction Record form GW-1 stating the well was grouted in compliance with the rules of this Section shall serve as the well contractor's grout certification. For purposes of issuing a Certificate of Completion, the well contractor's grout certification shall be accepted by the local health department as evidence the grout complies with the rules of this Section if the local health department:
(1) was contacted by the well contractor to schedule a grout inspection;
(2) was unable to inspect the grouting of the well within one hour following the scheduled time; and
(3) upon final inspection, finds no evidence to indicate the well grout does not comply with the rules of this Section.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0306 WELL COMPLETION AND CERTIFICATION
(a) After receiving a permit to construct a private drinking water well, the property owner or agent shall notify the health department prior to well construction if any of the following occur:
(1) The separation criteria specified in 15A NCAC 02C .0107 cannot be met;
(2) The residence or other structure is located other than indicated on the permit;
(3) The use of the structure is changed from the use specified on the permit;
(4) The septic system needs to be changed from the location indicated on the permit;
(5) Landscaping changes have been made that may affect the integrity of the well;
(6) There are current or pending restrictions regarding groundwater use as specified in G.S. 87-88(a);
(7) The water source for any well intended for domestic use is adjacent to any water-bearing zone suspected or known to be contaminated; or
(8) Any other changes occur in the information provided in the application for the well permit.
(b) The well contractor shall maintain a copy of the well construction permit, repair permit, or abandonment permit on the job site at all times during the construction, repair, or abandonment of the well. The well contractor shall meet all the conditions of the permit.
(c) The well contractor shall submit a copy of Well Construction Record (GW-1) to the local health department. Upon completion of construction or repair of a private drinking water well for which a permit is required, the local health department shall inspect the well and issue a Certificate of Completion that includes an "as built" drawing. Prior to the issuance of a Certificate of Completion, the local health department shall verify that the well was constructed in the designated area and according to the well construction permit and the rules of this Subchapter. The local health department shall inspect the grout around the casing for any settling, inspect the well head after the well seal is in place, and verify that a Well Construction Record has been received from the certified well contractor. No person shall place a private drinking water well into service without first having obtained a Certificate of Completion.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0307 WELL DATA AND RECORDS
(a) Any person completing, abandoning, or repairing any well shall submit a record of the construction, abandonment, or repair to the local health department and the Division of Water Resources within 30 days of completion of construction, abandonment, or repair. The record shall be on a form provided by the Department of Environmental Quality.
(b) The local health department shall maintain a registry of all permitted private drinking water wells, specifying the well location and the water quality test results until the well is permanently abandoned in accordance with this Subchapter.
History Note: Authority G.S. 87-87; 87-97;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0308 APPEAL PROCEDURE
Appeals concerning permit decisions or actions by the local health department to enforce the rules of this Section shall be conducted according to the procedures established in G.S. 150B, the Administrative Procedure Act.
History Note: Authority G.S. 87-87;
Eff. July 1, 2008;
Readopted Eff. July 1, 2019.
15A NCAC 02C .0309 wELL ABANDONMENT AND CERTIFICATION
(a) The applicant or well contractor shall contact the local health department to provide notification of intent to permanently abandon a private drinking water well, and include the location, permit number, and anticipated time for abandonment of each private drinking water well. If it is conducting an inspection, the local health department shall schedule the appointment by the end of the business day before the abandonment is to occur except where the local health department has made provisions for scheduling inspections at night or on the same day as the inspection.
(b) Upon notification from the well contractor, the local health department may opt to inspect the well abandonment process. The local health department shall inform the well contractor of its availability and intention to inspect the well abandonment after notification pursuant to Paragraph (a) of this Rule. When a local health department is unable to conduct the abandonment inspection within one hour of the scheduled time, the well contractor may abandon the well without an inspection by the local health department.
(c) Upon completion of a permanent well abandonment, the local health department shall provide a written certification on the well abandonment permit, or other local health department form, that a well abandonment inspection was completed and that the abandonment is in compliance with the rules of 15A NCAC 02C .0100. When the local health department opts to not inspect the permanent abandonment process, the well contractor shall provide written certification to the local health department that the well has been abandoned in compliance with the rules of 15A NCAC 02C .0100. A completed Well Abandonment Record form GW-30 stating the well was abandoned in compliance with the rules of this Section shall serve as the well contractor's abandonment certification.
History Note: Authority G.S. 87-87;
Eff. July 1, 2019.
SUBCHAPTER 02D - AIR POLLUTION CONTROL REQUIREMENTS
SECTION .0100 - DEFINITIONS AND REFERENCES
15A NCAC 02D .0101 DEFINITIONS
The definition of any word or phrase used in Rules of this Subchapter is the same as given in Article 21, G.S. 143, as amended. The following words and phrases, which are not defined in the article, have the following meaning:
(1) "Act" means Article 21, G.S. 143, entitled "Water and Air Resources."
(2) "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 a delegation or approval, states that a specific authority of the Administrator of the Environmental Protection Agency is not included in such a delegation or approval.
(3) "Air pollutant" means an air pollution agent or combination of such agents, including any physical, chemical, biological, or radioactive substance or matter emitted into or otherwise entering the ambient air.
(4) "Ambient air" means that portion of the atmosphere outside buildings or other enclosed structures, stacks, or ducts and that surrounds human, animal, or plant life or property.
(5) "Approved" means approved by the Director of the Division of Air Quality according to these Rules.
(6) "Capture system" means the equipment including hoods, ducts, and fans, used to contain, capture, or transport a pollutant to a control device.
(7) "CFR" means the Code of Federal Regulations.
(8) "Combustible material" means any substance that, when ignited, will burn in air.
(9) "Construction" means change in 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 of a facility.
(10) "Control device" means equipment, including fume incinerator, adsorber, absorber, scrubber, filter media, cyclone, and electrostatic precipitator, used to destroy or remove an air pollutant before discharge to the ambient air.
(11) "Day" means a 24-hour period beginning at midnight.
(12) "Director" means the Director of the Division of Air Quality, unless otherwise specified.
(13) "Division" means Division of Air Quality.
(14) "Dustfall" means particulate matter that settles out of the air. Dustfall shall be expressed in units of grams per square meter per 30-day period.
(15) "Emission" means the release or discharge, whether directly or indirectly, of any air pollutant into the ambient air from any source.
(16) "Facility" means all of the pollutant-emitting activities, except transportation facilities, that are located on one or more adjacent properties under common control.
(17) "FR" means the Federal Register.
(18) "Fugitive emission" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
(19) "Fuel burning equipment" means equipment whose primary purpose is the production of energy or power from the combustion of any fuel. Uses of the equipment include heating water, generating or circulating steam, heating air as in a warm air furnace, or furnishing process heat by transferring energy by fluids or through process vessel walls.
(20) "Garbage" means any animal or vegetable waste resulting from the handling, preparation, cooking, or serving of food.
(21) "Incinerator" means a device designed to burn solid, liquid, or gaseous waste material.
(22) "Opacity" means that property of a substance tending to obscure vision and is measured as percent obscuration.
(23) "Open burning" means any fire whose products of combustion are emitted directly into the outdoor atmosphere without passing through a stack or chimney, approved incinerator, or other similar device.
(24) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, source, or air pollution control equipment.
(25) "Particulate matter" means any material except uncombined water that exists in a finely divided form as a liquid or solid at standard conditions.
(26) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by methods specified in this Subchapter.
(27) "Permitted" means any source subject to a permit under this Subchapter or 15A NCAC 02Q.
(28) "Person" as defined in G.S. 143-212 includes any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or its legal representative, agent, or assigns.
(29) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by methods specified in this Subchapter.
(30) "PM10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by methods specified in this Subchapter.
(31) "PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by methods specified in this Subchapter.
(32) "Refuse" means any garbage, rubbish, or trade waste.
(33) "Rubbish" means solid or liquid wastes from residences, commercial establishments, or institutions.
(34) "Rural area" means an area that is devoted to the following uses: agriculture, recreation, wildlife management, state park, or any area of natural cover.
(35) "Salvage operation" means any business, trade, or industry engaged in whole or in part in salvaging or reclaiming any product or material, including metal, chemicals, motor vehicles, shipping containers, or drums.
(36) "Smoke" means small gas-borne particles resulting from incomplete combustion, consisting predominantly of carbon, ash, and other burned or unburned residue of combustible materials that form a visible plume.
(37) "Source" means any stationary article, machine, process equipment, or other contrivance, singly or in combination, or any tank-truck, trailer, or railroad tank car, from which air pollutants emanate or are emitted, either directly or indirectly.
(38) "Sulfur oxides" means sulfur dioxide, sulfur trioxide, their acids, and the salts of their acids.
(39) "Transportation facility" means a complex source as defined in G.S. 143-213(22).
(40) "Total suspended particulate" means any finely divided solid or liquid material, except water in uncombined form, that is or has been airborne as measured by methods specified in this Subchapter.
(41) "Trade wastes" means all solid, liquid, or gaseous waste materials or rubbish resulting from combustion, salvage operations, building operations, or the operation of any business, trade, or industry including plastic products, paper, wood, glass, metal, paint, grease, oil and other petroleum products, chemicals, and ashes.
(42) "ug" or "µg" means micrograms.
History Note: Authority G.S. 143-213; 143-215.3(a)(1);
Eff. June 1, 1976;
Amended Eff. December 1, 1989; July 1, 1988; July 1, 1984;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. January 1, 2015; December 1, 2005; June 1, 2004; July 1, 1998; July 1, 1996; July 1, 1994;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0102 PHRASES
History Note: Authority G.S. 143-215.3(a)(1); 143-213;
Eff. February 1, 1976;
Amended Eff. December 1, 1976;
Repealed Eff. July 1, 1984.
15A NCAC 02D .0103 COPIES OF REFERENCED FEDERAL REGULATIONS
Copies of the Code of Federal Regulations sections referred to in this Subchapter may be obtained free of charge online at . Copies of referenced rules are also available for public inspection at Department of Environmental Quality regional offices upon request. The contact information for the regional offices is provided on the Division of Air Quality website at .
History Note: Authority G.S. 143-215.3; 150B-21.6;
Eff. December 1, 1976;
Amended Eff. December 1, 2005; December 1, 1992; August 1, 1991; July 1, 1988; July 1, 1987;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016;
Amended Eff. September 1, 2023; January 1, 2018.
15A NCAC 02D .0104 INCORPORATION BY REFERENCE
(a) If referred to in this Subchapter, the following materials shall be incorporated in this Subchapter by reference:
(1) a regulation codified in the Code of Federal Regulations (CFR); and
(2) a method established by the American Society for Testing and Materials (ASTM).
(b) The Code of Federal Regulations and American Society for Testing and Materials methods incorporated by reference in this Subchapter shall include subsequent amendments and editions unless a rule specifies otherwise.
(c) The Code of Federal Regulations is available in electronic form free of charge at .
(d) The American Society for Testing and Materials methods may be purchased from . Purchase price varies according to the particular test method and format chosen, and the cost of the materials are set forth at .
History Note: Authority G.S. 150B-21.6;
Eff. July 1, 1988;
Amended Eff. July 1, 1998; May 1, 1995; December 1, 1992; October 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016;
Amended Eff. January 1, 2018.
15A NCAC 02D .0105 MAILING LIST
(a) The Division shall develop and maintain a mailing list of persons who have requested notification of rule-making as required by G.S. 150B 21.2(d). Such persons shall receive a copy of the complete notice as filed with the Office of Administrative Hearings.
(b) Any person requesting to be on a mailing list established under Paragraph (a) of this Rule shall submit a written request to the Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina, 27699-1641. Payment of fees required under this Rule may be by check or money order for thirty dollars ($30.00) made payable to the Department of Environmental Quality. Payment shall be submitted with each request and received by June 1 of each year. The fee covers from July 1 to June 30 of the following year. A person requesting to be on the list for notification of rule-making may opt to receive notification via email free of charge by contacting Division staff as shown at .
History Note: Authority G.S. 143-215.3(a)(1); 150B 21.2(d);
Eff. April 1, 1995;
Amended Eff. April 1, 2003; July 1, 1998; May 1, 1998;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016;
Amended Eff. January 1, 2018.
SECTION .0200 - AIR POLLUTION SOURCES
15A NCAC 02D .0201 CLASSIFICATION OF AIR POLLUTION SOURCES
(a) Purpose. This Rule establishes a system for classifying air pollution sources. The Commission shall use the system for classifying air pollution sources set forth in this Rule to classify air pollution sources governed by this Subchapter.
(b) Scope. This Rule shall apply to all air pollution sources, both combustion and non-combustion. The following system for classifying air pollution sources shall be used:
(1) "Class I-C" includes all sources of air pollution using fuel-burning equipment for the production of heat to generate electricity for public use.
(2) "Class II-C" includes all sources of air pollution using fuel-burning equipment for the production of steam, and for other process uses at commercial and industrial establishments.
(3) "Class III-C" includes all sources of air pollution using fuel-burning equipment for comfort heating at institutional, commercial, or industrial establishments, or at apartment houses having a central heating system serving more than four apartments.
(4) "Class IV-C" includes all sources of air pollution that burn trash, rubbish, refuse, or similar materials in incinerators, teepee burners, or similar devices.
(5) "Class V-C" includes all sources of air pollution using fuel-burning equipment for comfort heating that are not included in Class III-C.
(6) "Class VI-C" includes all sources of air pollution using internal combustion engines.
(7) "Class I-I" includes all sources of air pollution resulting from industrial plants engaged in the manufacture of chemicals or allied products whose processes depend on the chemical reaction of two or more elements or compounds, and includes plants producing acids, fertilizer materials, dyestuff, synthetic fibers, and industrial gases.
(8) "Class II-I" includes all sources of air pollution resulting from industrial plants engaged in the production of pulp and paper.
(9) "Class III-I" includes all sources of air pollution resulting from the mining and processing of minerals, stone, clay, and cement products, and includes phosphate ore, mica and feldspar operations, stone quarries and crushers, cement plants, concrete mixing plants, and masonry block plants.
(10) "Class IV-I" includes all sources of air pollution resulting from industrial operations using petroleum products, and includes asphalt mix plants, roofing felt plants, and petroleum products storage areas.
(11) "Class V-I" includes all sources of air pollution resulting from furniture, lumber, or wood product plants.
(12) "Class VI-I" includes all sources of air pollution resulting from textile manufacturing, textile dyeing, or finishing plants.
(13) "Class VII-I" includes all sources of air pollution resulting from the shelling, drying, storage, ginning, and processing of tobacco, corn, soybeans, peanuts, cotton, fruits, vegetables, or other agricultural products.
(14) "Class VIII-I" includes all sources of air pollution resulting from industries engaged in the processing of metals, and includes smelting, casting foundries, metal working, and other similar operations.
(15) "Class IX-I" includes all sources of air pollution resulting from slaughtering and processing of meat, poultry, fish, and similar products and from rendering or the recovering of by-products of these operations.
(16) "Class X-I" includes all sources of air pollution resulting from industries which do not fall within the classifications described in Subparagraphs (b)(7) through (b)(15) of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0202 REGISTRATION OF AIR POLLUTION SOURCES
(a) The Director may require the owner or operator of a source of air pollution to register that source, pursuant to G.S. 143 215.107(a)(4).
(b) Any person required to register a source of air pollution with the Division shall register the source on forms provided by the Division and shall provide the following information:
(1) the name of the person, company, or corporation operating the sources;
(2) the address, location, and county;
(3) principal officer of the company;
(4) quantities and kinds of raw materials used;
(5) process flow sheets;
(6) operating schedules;
(7) total weights and kinds of air pollution released;
(8) types and quantities of fuels used;
(9) stack heights; and
(10) other information considered essential in evaluating the potential of the source to cause air pollution.
The forms shall be completed and returned to the Division within 60 days following their receipt.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; June 1, 1985; July 1, 1984;
Readopted Eff. January 1, 2018.
SECTION .0300 - AIR POLLUTION EMERGENCIES
15A NCAC 02D .0301 PURPOSE
Notwithstanding any other provisions of air pollution control regulations or standards, this Section is designed to prevent the excessive buildup of air contaminants during air pollution episodes thereby preventing the occurrence of an emergency due to the effects of these contaminants on the public health.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0302 EPISODE CRITERIA
The Director may issue a proclamation of an air pollution alert, air pollution warning, or air pollution emergency if the Director determines that the accumulation of air contaminants in any place is attaining or has attained levels that could, if such levels are sustained or exceeded, lead to a threat to the health of the public. In deciding whether to issue such a proclamation, the Director shall be guided by the following criteria:
(1) Alert. The alert level is that concentration of pollutants at which first stage control actions are to begin. The Secretary of the Department of Environmental Quality with the concurrence of the Governor shall proclaim an alert when any of the following levels is reached at any monitoring site and meteorological conditions are such that pollutant concentrations can be expected to remain at or exceed above levels for 12 or more hours or, in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken:
(a) sulfur dioxide -- 800 µg/m3 (0.3 ppm), 24-hour average;
(b) carbon monoxide -- 17 µg/m3 (15 ppm), eight-hour average;
(c) ozone -- 400 µg/m3 (0.2 ppm), one-hour average;
(d) nitrogen dioxide -- 1130 µg/m3 (0.6 ppm), one-hour average; 282 µg/m3 (0.15 ppm), 24-hour average; or
(e) PM10--350 µg/m3 24-hour average.
(2) Warning. The warning level indicates that air quality is continuing to degrade and that additional abatement actions are necessary. The Secretary of the Department of Environmental Quality with the concurrence of the Governor shall proclaim a warning when any one of the following levels is reached at any monitoring site and meteorological conditions are such that pollutant concentrations can be expected to remain at or exceed above levels for 12 or more hours or, in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken:
(a) sulfur dioxide -- 1600 µg/m3 (0.6 ppm),24-hour average
(b) carbon monoxide -- 34 µg/m3 (30 ppm), eight-hour average;
(c) ozone -- 800 µg/m3 (0.4 ppm), one-hour average;
(d) nitrogen dioxide -- 2260 µg/m3 (1.2 ppm), one-hour average; 565 µg/m3 (0.3 ppm), 24-hour average; or
(e) PM10 -- 420 µg/m3 24-hour average.
(3) Emergency. The emergency level indicates that air quality is continuing to degrade to a level that the most stringent control actions are necessary. The Secretary of the Department of Environmental Quality with the concurrence of the Governor shall declare an emergency when any one of the following levels is reached at any monitoring site and meteorological conditions are such that pollutant concentrations can be expected to remain at or exceed above levels for 12 or more hours or, in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken:
(a) sulfur dioxide -- 2100 µg/m3 (0.8 ppm) 24-hour average;
(b) carbon monoxide -- 46 µg/m3 (40 ppm), eight-hour average;
(c) ozone -- 1000 µg/m3 (0.5 ppm), one-hour average;
(d) nitrogen dioxide -- 3000 µg/m3 (1.6 ppm), one-hour average; 750 µg/m3 (0.4 p.p.m.), 24-hour average; or
(e) PM10--500 µg/m3 24-hour average.
(4) Termination. After a proclamation has been issued, any level reached by application of these criteria shall remain in effect until the criteria for that level are no longer met. At that time the next lower level shall remain in effect until the criteria for that level are no longer met.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; July 1, 1988; July 1, 1984; June 1, 1980; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0303 EMISSION REDUCTION PLANS
(a) Air Pollution Alert. Any person responsible for the operation of a source of air pollution described in 15A NCAC 02D .0305 shall take all air pollution alert actions required for that source and shall put into effect the preplanned abatement program that is required by 15A NCAC 02D .0304 for an air pollution alert.
(b) Air Pollution Warning. Any person responsible for the operation of a source of air pollution described in 15A NCAC 02D .0306 shall take all air pollution warning actions required for that source and shall put into effect the preplanned abatement program that is required by 15A NCAC 02D .0304 for an air pollution warning.
(c) Air Pollution Emergency. Any person responsible for the operation of a source of air pollution described in 15A NCAC 02D .0307 shall take all air pollution emergency actions required for that source and shall put into effect the preplanned abatement program that is required by 15A NCAC 02D .0304 for an air pollution emergency.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1984;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0304 PREPLANNED ABATEMENT PROGRAM
(a) Any person who is responsible for the operation of a source of air pollution that is described in 15A NCAC 02D .0305, .0306, or .0307 or that emits 100 tons per year or more of any one pollutant shall prepare an abatement program plan to reduce the emissions of air pollutants into the outdoor atmosphere during periods of an air pollution episode as described in 15A NCAC 02D .0302. The plan shall be consistent with good industrial practices and safe operating procedures. When the Director requests that the plan be submitted for review, the owner or operator of the source shall submit the plan within 30 days of the Director's request.
(b) When requested by the Commission in writing, any person responsible for the operation of a source not described in 15A NCAC 02D .0305, .0306, or .0307 shall prepare a plan to reduce the emissions of air pollutants into the outdoor atmosphere during periods of air pollution alert, air pollution warning, and air pollution emergency as described in 15A NCAC 02D .0302. The plan shall be consistent with good industrial practices and safe operating procedures.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; July 1, 1984;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0305 EMISSION REDUCTION PLAN: ALERT LEVEL
(a) General.
(1) There shall be no open burning of any material otherwise allowed under 15A NCAC 02D .1900.
(2) The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between noon and 4:00 p.m.
(3) Persons operating fuel burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of noon and 4:00 p.m.
(4) Persons operating motor vehicles should eliminate all unnecessary operations.
(b) Source Curtailment. Any person responsible for the operation of a source of air pollution shall take all required control actions for the alert level that are listed below:
(1) Operators of coal or oil fired electric power generating facilities shall:
(A) use fuels having low ash and sulfur content,
(B) perform boiler lancing and soot blowing between noon and 4:00 p.m., and
(C) divert electric power generation to facilities outside of the alert area;
(2) Operators of coal or oil fired process steam generating facilities shall:
(A) use fuels having low ash and sulfur content,
(B) perform boiler lancing and soot blowing between noon and 4:00 p.m., and
(C) reduce steam load demands consistent with continuing plant operation;
(3) Operators of manufacturing industries of the following classifications: primary metals industry; petroleum refining and related industries; chemical and allied products industries; paper and allied products industries; glass, clay, and concrete products industries shall:
(A) reduce air pollutants from manufacturing operations by curtailing, postponing, or deferring production and related operations;
(B) defer trade waste disposal operations that emit particles, gases, vapors, or malodorous substances;
(C) reduce heat-load demands for processing; and
(D) perform boiler lancing or soot blowing between noon to 4:00 p.m.; and
(4) Other persons requested by the Commission to prepare a preplanned abatement program shall take all required control actions for the alert level contained in their program plan.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0306 EMISSION REDUCTION PLAN: WARNING LEVEL
(a) General
(1) There shall be no open burning of any material otherwise allowed under 15A NCAC 02D .1900.
(2) The use of incinerators for the disposal of solid waste or liquid waste shall be prohibited.
(3) Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between noon and 4:00 p.m..
(4) Persons operating motor vehicles should minimize their use through car pools and increased use of public transportation.
(b) Source Curtailment. Any person responsible for the operation of a source of air pollution shall take all required control actions for the warning level that are listed below:
(1) Operators of coal or oil fired electric power generating facilities shall:
(A) use fuels having the lowest ash and sulfur content;
(B) perform boiler lancing and soot blowing between noon to 4:00 p.m.; and
(C) divert electric power generating to facilities outside of the warning area;
(2) Operators of coal or oil fired process steam generating facilities shall:
(A) use fuels having the lowest ash and sulfur content;
(B) perform boiler lancing and soot blowing between noon to 4:00 p.m.;
(C) reduce steam load demands consistent with continuing plant operations; and
(D) prepare to use the preplanned abatement program for emergency level;
(3) Operators of manufacturing industries of the following classifications: primary metal industries; petroleum refining and related industries; chemical and allied products industries; paper and allied products industries; glass, clay, and concrete products industries shall:
(A) reduce air pollutants from manufacturing operations by, if necessary, assuming reasonable economic hardship by postponing production and related operations;
(B) defer trade waste disposal operations that emit particles, gases, vapors, or malodorous substances;
(C) reduce heat-load demands for processing consistent with continuing plant operations; and
(D) perform boiler lancing or soot blowing between noon to 4:00 p.m.; and
(4) Other persons requested by the Commission to prepare a preplanned abatement program shall take all required control actions for the warning level contained in their program plan.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0307 EMISSION REDUCTION PLAN: EMERGENCY LEVEL
(a) General
(1) There shall be no open burning of any material otherwise allowed under 15A NCAC 02D .1900.
(2) The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.
(3) All places of employment described below shall cease operations:
(A) mining and quarrying of nonmetallic minerals;
(B) all manufacturing establishments except those required to have in force a preplanned abatement program for an air pollution emergency;
(C) all construction work involving grading or other operations that generate dust;
(D) all wholesale and retail establishments except pharmacies and stores primarily engaged in the sale of food;
(E) all commercial and manufacturing establishments, automobile repair services and garages, laundries, barbershops, beauty shops, and motion picture theaters; and
(F) elementary and secondary schools, colleges, universities, and professional schools.
(4) The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.
(b) Source Curtailment. Any person responsible for the operation of a source of air pollution shall take all required control actions for the emergency level that are listed below:
(1) Operators of coal- or oil-fired electric power generating facilities shall:
(A) use fuels having lowest ash and sulfur content;
(B) perform boiler lancing or soot blowing between noon to 4:00 p.m.;
(C) divert electric power generation to facilities outside of emergency area;
(2) Operators of coal- or oil-fired process steam generating facilities shall:
(A) reduce heat and steam demands to that necessary to prevent equipment damage;
(B) perform boiler lancing and soot blowing between noon and 4:00 p.m.;
(C) take the action called for in the preplanned abatement program;
(3) Operators of manufacturing industries of the following classifications: primary metals industries; petroleum refining and related industries; chemical and allied products industries; paper and allied products industries; glass, clay, and concrete products industries shall:
(A) eliminate air pollutants from manufacturing operations by ceasing, curtailing, postponing, or deferring production and related operations to the extent possible without causing injury to persons or damage to equipment;
(B) eliminate air pollution from trade waste disposal processes which emit particles, gases, vapors, or malodorous substances;
(C) reduce heat-load demands for processing to the minimum;
(D) perform boiler lancing or soot blowing between 12:00 p.m. to 4:00 p.m.; and
(4) Other persons requested by the Commission to prepare a preplanned abatement program shall take all required control actions for the emergency level contained in their program plan.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(12);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
SECTION .0400 - AMBIENT AIR QUALITY STANDARDS
15A NCAC 02D .0401 PURPOSE
(a) The purpose of the ambient air quality standards set out in this Section is to establish certain maximum limits on parameters of air quality considered desirable for the preservation and enhancement of the quality of the State's air resources. Furthermore, the objective of the Commission, consistent with the North Carolina Air Pollution Control Law, shall be to prevent significant deterioration in ambient air quality in any substantial portion of the State where existing air quality is better than the standards. An atmosphere in which these standards are not exceeded should provide for the protection of the public health, plant and animal life, and property.
(b) Ground-level concentrations of pollutants shall be determined by sampling at fixed locations in areas beyond the premises on which a source is located. The standards shall be applicable at each such sampling location in the State.
(c) No facility or source of air pollution shall cause any ambient air quality standard in this Section to be exceeded or contribute to a violation of any ambient air quality standard in this Section except as allowed by 15A NCAC 02D .0531 or .0532.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. December 1, 1992; October 1, 1989; July 1, 1984;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0402 SULFUR OXIDES
(a) The ambient air quality standards for sulfur oxides measured as sulfur dioxide shall be:
(1) 80 micrograms per cubic meter (0.03 ppm) annual arithmetic mean;
(2) 365 micrograms per cubic meter (0.14 ppm) maximum 24-hour concentration not to be exceeded more than once per year; and
(3) 1300 micrograms per cubic meter (0.5 ppm) maximum three-hour concentration not to be exceeded more than once per year.
(b) Sampling and analysis shall be in accordance with procedures in Appendix A or A-1 of 40 CFR Part 50 or by a Federal Equivalent Method (FEM) designated in accordance with 40 CFR Part 53.
(c) Applicability of the standards listed in Subparagraph (a)(1) and (2) of this Rule shall be in effect until one year after the effective date of initial designations under Section 107(d) of the Clean Air Act for the sulfur dioxide standard in Paragraph (d) of this Rule.
(d) The primary one-hour annual ambient air quality standard for oxides of sulfur shall be 75 parts per billion (ppb), measured in the ambient air as sulfur dioxide.
(e) The one-hour primary standard shall be met at an ambient air quality monitoring site when the three-year average of the annual (99th percentile) of the daily maximum one-hour average concentrations is less than or equal to 75 ppb, as determined in accordance with Appendix T of 40 CFR Part 50.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. September 1, 2011; July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0403 TOTAL SUSPENDED PARTICULATES
(a) The ambient air quality standards for total suspended particulate matter are:
(1) 75 micrograms per cubic meter annual geometric mean; and
(2) 150 micrograms per cubic meter maximum 24-hour concentration not to be exceeded more than once per year.
(b) Sampling and analysis shall be in accordance with procedures in 40 CFR Part 50, Appendix B or equivalent methods established pursuant to 40 CFR Part 53.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; July 1, 1984; October 15, 1981;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0404 CARBON MONOXIDE
(a) The ambient air quality standards for carbon monoxide shall be:
(1) 9 parts per million (10 milligrams per cubic meter) maximum eight-hour average concentration not to be exceeded more than once per year; and
(2) 35 parts per million (40 milligrams per cubic meter) maximum one-hour average concentration not to be exceeded more than once per year.
(b) Sampling and analysis shall be in accordance with procedures in Appendix C of 40 CFR Part 50 or equivalent methods established under 40 CFR Part 53.
(c) An eight-hour average shall be considered valid if at least 75 percent of the hourly averages for the eight-hour period are available. In the event that only six or seven hourly averages are available, the eight-hour average shall be computed on the basis of the hours available using six or seven as the divisor.
(d) When summarizing data for comparison with the standards, averages shall be stated to one decimal place. Comparison of the data to the standards in parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounded up.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0405 OZONE
The ambient air quality standard for ozone measured by a reference method based on Appendix D of 40 CFR Part 50 and designated according to 40 CFR Part 53 shall be 0.070 parts per million (ppm), daily maximum eight-hour average. The standard shall be deemed attained at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to 0.070 parts per million (ppm) as determined by Appendix U of 40 CFR Part 50, or equivalent methods established under 40 CFR Part 53.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. January 1, 2010; April 1, 1999; July 1, 1984; July 1, 1979; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0406 HYDROCARBONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. December 1, 1976;
Repealed Eff. July 1, 1984.
15A NCAC 02D .0407 NITROGEN DIOXIDE
(a) The primary annual ambient air quality standard for oxides of nitrogen shall be 53 parts per billion annual average concentration measured in the ambient air as nitrogen dioxide.
(b) The primary one-hour ambient air quality standard for oxides of nitrogen shall be 100 parts per billion one hour annual average concentration measured in the ambient air as nitrogen dioxide.
(c) The secondary ambient air quality standard for nitrogen dioxide shall be 0.053 parts per million (100 micrograms per cubic meter) annual arithmetic mean concentration.
(d) Sampling and analysis shall be in accordance with:
(1) procedures in Appendix F of 40 CFR Part 50; or
(2) by a Federal Equivalent Method (FEM) designated in accordance with 40 CFR Part 53.
(e) The annual primary standard shall be deemed attained when the annual average concentration in a calendar year is less than or equal to 53 parts per billion, as determined in accordance with Appendix S of 40 CFR Part 50 for the annual standard.
(f) The one hour primary standard shall be deemed attained when the three-year average of the annual 98th percentile of the daily maximum one-hour average concentration is less than or equal to 100 ppb, as determined in accordance with Appendix S of 40 CFR Part 50 for one-hour standard.
(g) The secondary standard shall be deemed attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 parts per million, rounded to three decimal places (fractional parts equal to or greater than 0.0005 parts per million are rounded up). To demonstrate attainment, an annual mean shall be based on hourly data that are at least 75 percent complete or on data derived from manual methods that are at least 75 percent complete for the scheduled sampling days in each calendar quarter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. February 1, 1976;
Amended Eff. September 1, 2011; October 1, 1989; July 1, 1984; December 1, 1976;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0408 LEAD
The ambient air quality standard for lead and its compounds, measured as elemental lead by a reference method based on Appendix G of 40 CFR Part 50 or by an equivalent method established under 40 CFR Part 53, shall be 0.15 micrograms per cubic meter. The standard shall be deemed met when the maximum arithmetic three-month mean concentration for a three-year period, as determined in accordance with Appendix R of 40 CFR Part 50, is less than or equal to 0.15 micrograms per cubic meter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. June 1, 1980;
Amended Eff. January 1, 2010; July 1, 1984;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0409 PM10 PARTICULATE MATTER
(a) The ambient air quality standard for PM10 particulate matter shall be 150 micrograms per cubic meter (µg/m3), 24-hour average concentration. This standard shall be deemed attained when 150 (µg/m3), as determined according to Appendix N of 40 CFR Part 50, is not exceeded more than once per year on average over a three-year period.
(b) For the purpose of determining attainment of the standards in Paragraph (a) of this Rule, particulate matter shall be measured in the ambient air as PM10 (particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) by either:
(1) a reference method based on Appendix M of 40 CFR Part 50 and designated according to 40 CFR Part 53; or
(2) an equivalent method designated according to 40 CFR Part 53.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. July 1, 1988;
Amended Eff. January 1, 2010; April 1, 1999;
Readopted Eff. January 1, 2018.
15A NCAC 02D .0410 PM2.5 PARTICULATE MATTER
(a) The national primary ambient air quality standards for PM2.5 shall be 12.0 micrograms per cubic meter (µg/m3) annual arithmetic mean concentration and 35 µg/m3 24-hour average concentration measured in the ambient air as PM2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by either:
(1) A reference method based on appendix L to 40 CFR Part 50 and designated in accordance with 40 CFR Part 53; or
(2) An equivalent method designated in accordance with 40 CFR Part 53.
(b) The primary annual PM2.5 standard shall be deemed met when the annual arithmetic mean concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 12.0 µg/m3.
(c) The primary 24-hour PM2.5 standard shall be deemed met when the 98th percentile 24-hour concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 35 µg/m3.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3);
Eff. April 1, 1999;
Amended Eff. September 1, 2015; January 1, 2010;
Readopted Eff. January 1, 2018.
SECTION .0500 - EMISSION CONTROL STANDARDS
15A NCAC 02D .0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS
(a) Purpose and Scope. The purpose of this Rule is to assure compliance with emission control standards found in this Section. This Rule shall apply to all air pollution sources, both combustion and non-combustion.
(b) New sources shall be in compliance prior to beginning operations.
(c) The owner or operator of an air pollution source shall operate or control the source in a manner to meet emission standards in this Section and not cause the ambient air quality standards pursuant to 15A NCAC 02D .0400 to be exceeded at any point beyond the premises on which the source is located. When controls more stringent than those named in the applicable emission standards in this Section are required to prevent violation of the ambient air quality standards or are required to create an offset, the permit shall contain a condition requiring these controls.
(d) The Bubble Concept. As provided in this Paragraph, a facility with multiple emission sources or multiple facilities within the same area may choose to meet the total emission limitation for a given pollutant through a different mix of controls than those required by the rules in 15A NCAC 02D .0500 or .0900.
(1) In order for this mix of alternative controls to be permitted, the Director shall determine that the following conditions are met:
(A) Sources pursuant to which 15A NCAC 02D .0524, .0530, .0531, .1110, or .1111, the federal New Source Performance Standards (NSPS), the federal National Emission Standards for Hazardous Air Pollutants (NESHAP), regulations established pursuant to Section 111(d) of the federal Clean Air Act, or state or federal Prevention of Significant Deterioration (PSD) requirements apply shall have emissions no larger than if there were not an alternative mix of controls;
(B) The facility or facilities is located in an attainment area, an unclassifiable area, or in an area that has been demonstrated to be attainment by the statutory deadlines with reasonable further progress toward attainment for those pollutants being considered;
(C) All of the emission sources affected by the alternative mix are in compliance with applicable regulations or are in compliance with established compliance agreements; and
(D) The review of an application for the proposed mix of alternative controls and the enforcement of the resulting permit shall not require expenditures of State funds in excess of five times that which would otherwise be required for the review and enforcement of permits without an alternative mix of controls.
(2) The owners or operators of the facility or facilities shall demonstrate the alternative mix of controls is equivalent in total allowed emissions, reliability, enforceability, and environmental impact to the aggregate of the individual emission standards to which the facility would be subject without the alternative mix of controls; and
(A) that the alternative mix approach does not interfere with the attainment and maintenance of the ambient air quality standards and does not interfere with the Prevention of Significant Deterioration (PSD) program, which shall include modeled calculations of the amount, if any, of PSD increment consumed or created as defined in Clean Air Act Section 163;
(B) that the alternative mix approach conforms with reasonable further progress requirements as defined in Clean Air Act Section 171(1) if the source is located in a nonattainment area;
(C) that the emissions pursuant to the alternative mix approach are quantifiable, and emission trades among the sources involved in the alternative mix approach are equivalent; and
(D) that the pollutants controlled pursuant to the alternative mix approach are of the same criteria pollutant categories, except that emissions of criteria pollutants that contain hazardous pollutants and are used in alternative emission control strategies are subject to the limitations as defined in 44 Fed. Reg. 71784 (December 11, 1979), Subdivision D.1.c.ii. The Federal Register referenced in this Part is incorporated by reference and does not include subsequent amendments or editions. A copy of 44 Fed. Reg. 71784 may be obtained free of charge and found online at .
The demonstrations of equivalence shall be performed with at least the same level of detail as State Implementation Plan (SIP) demonstration of attainment for the area. A copy of the SIPs may be found on the Division of Air Quality (DAQ) website at . If the facility involves another facility in the alternative strategy, it shall complete a modeling demonstration to ensure that air quality is protected. Demonstrations of equivalency shall take into account differences in the level of reliability of the control measures or other uncertainties.
(3) The emission rate limitations or control techniques of each source within the facility or facilities subjected to the alternative mix of controls shall be specified in the facility's permit or facilities' permits.
(4) Compliance schedules and enforcement actions shall not be affected because an application for an alternative mix of controls is being prepared or is being reviewed.
(5) The Director may waive or reduce requirements in this Paragraph up to the extent allowed by the Emissions Trading Policy Statement published in the Federal Register of April 7, 1982, pages 15076-15086, provided that the analysis required by Paragraph (e) of this Rule supports the waiver or reduction of requirements. The Federal Register referenced in this Subparagraph is incorporated by reference and does not include subsequent amendments or editions.
(e) In a permit application for an alternative mix of controls pursuant to Paragraph (d) of this Rule, the owner or operator of the facility shall demonstrate the proposal is equivalent to the existing requirements of the SIP in total allowed emissions, enforceability, reliability, and environmental impact. The Director shall provide for public notice with an opportunity to request a public hearing following the procedures pursuant to 15A NCAC 02Q .0300 or .0500, as applicable.
(1) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0300, it shall become a part of the state implementation plan (SIP) as an appendix available for inspection as specified in 15A NCAC 02Q .0105. Until the U.S. Environmental Protection Agency (EPA) approves the SIP revision embodying the permit containing an alternative mix of controls, the facility shall continue to meet the otherwise applicable existing SIP requirements.
(2) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0500 it shall be available for inspection as specified in 15A NCAC 02Q .0105. Until the EPA approves the Title V permit containing an alternative mix of controls, the facility shall continue to meet the otherwise applicable existing SIP requirements.
The revision shall be submitted for approval by the EPA on the basis of the revision's consistency with EPA's "Policy for Alternative Emission Reduction Options Within State Implementation Plans" as promulgated in the Federal Register of December 11, 1979, pages 71780-71788, and subsequent rulings.
(f) If the owner or operator of a combustion or noncombustion source or control equipment subject to the requirements of this Section is required to demonstrate compliance with a rule in this Section, source testing procedures pursuant to 15A NCAC 02D .2600 shall be used.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. August 1, 1991; October 1, 1989;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996; February 1, 1995; July 1, 1994;
Readopted Eff. November 1, 2020;
Amended Eff. September 1, 2023.
15A NCAC 02D .0502 PURPOSE
The purpose of the emission control standards set out in this Section is to establish maximum limits on the rate of emission of air contaminants into the atmosphere.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. June 1, 1981;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0503 PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Functionally dependent" means that structures, buildings, or equipment are interconnected through common process streams, supply lines, flues, or stacks.
(2) "Indirect heat exchanger" means any equipment used for the alteration of the temperature of one fluid by the use of another fluid in which the two fluids are separated by an impervious surface such that there is no mixing of the two fluids.
(3) "Plant site" means any single or collection of structures, buildings, facilities, equipment, installations, or operations that:
(A) are located on one or more adjacent properties;
(B) are under common legal control; and
(C) are functionally dependent in their operations.
(b) The definition contained in Subparagraph (a)(3) of this Rule does not affect the calculation of the allowable emission rate of any indirect heat exchanger permitted prior to April 1, 1999.
(c) The emissions of particulate matter from the combustion of a fuel that are discharged from any indirect heat exchanger through a stack or chimney into the atmosphere shall not exceed:
Allowable Emission Limit
Maximum Heat Input In For Particulate Matter In
Million Btu/Hour lb/Million Btu
Up to and Including 10 0.60
100 0.33
1,000 0.18
10,000 and Greater 0.10
For a heat input between any two consecutive heat inputs stated in the table set forth in this Paragraph, the allowable emissions of particulate matter shall be calculated by the equation E= 1.090*Q-0.2594. "E" equals the allowable emission limit for particulate matter in lb/million Btu. "Q" equals the maximum heat input in million Btu/hour.
(d) This Rule applies to installations in which fuel is burned for the purpose of producing heat or power by indirect heat transfer. For the purpose of this Rule, the term "fuels" includes all fuels that generate particulate matter emissions from indirect heat exchangers excluding wood and refuse not burned as a fuel. When any refuse, products, or by-products of a manufacturing process are burned as a fuel rather than refuse, or in conjunction with any fuel, this allowable emission limit shall apply.
(e) For the purpose of this Rule, the maximum heat input shall be the total heat content of all fuels which are burned in a fuel burning indirect heat exchanger, of which the combustion products are emitted through a stack or stacks. The sum of maximum heat input of all fuel burning indirect heat exchangers at a plant site which are in operation, under construction, or permitted pursuant to 15A NCAC 02Q, shall be considered as the total heat input for the purpose of determining the allowable emission limit for particulate matter for each fuel burning indirect heat exchanger. Fuel burning indirect heat exchangers constructed or permitted after February 1, 1983, shall not change the allowable emission limit of any other fuel burning indirect heat exchanger whose allowable emission limit has previously been set. The removal of a fuel burning indirect heat exchanger shall not change the allowable emission limit of any other fuel burning indirect heat exchanger whose allowable emission limit has previously been established. However, for any fuel burning indirect heat exchanger constructed after, or in conjunction with, the removal of another fuel burning indirect heat exchanger at the plant site, the maximum heat input of the removed fuel burning indirect heat exchanger shall no longer be considered in the determination of the allowable emission limit of any fuel burning indirect heat exchanger constructed after or in conjunction with the removal. For the purposes of this Paragraph, refuse not burned as a fuel and wood shall not be considered a fuel. For residential facilities or institutions, such as military and educational, whose primary fuel burning capacity is for comfort heat, only those fuel burning indirect heat exchangers located in the same power plant or building or otherwise physically interconnected, such as common flues, steam, or power distribution line, shall be used to determine the total heat input.
(f) The emission limit for fuel burning equipment that burns both wood and other fuels in combination, or for wood and other fuel burning equipment that is operated such that emissions are measured on a combined basis, shall be calculated by the equation Ec = [(EW)(Qw) + (Eo)(Qo)] /Qt.
(1) Ec = the emission limit for combination or combined emission source(s) in lb/million Btu.
(2) Ew = plant site emission limit for wood only as determined pursuant to 15A NCAC 02D .0504 in lb/million Btu.
(3) Eo = the plant site emission limit for other fuels only as determined by Paragraphs (a), (b) and (c) of this Rule in lb/million Btu.
(4) Qw = the actual wood heat input to the combination or combined emission source(s) in Btu/hr.
(5) Qo = the actual other fuels heat input to the combination or combined emission source(s) in Btu/hr.
(6) Qt = Qw + Qo and is the actual total heat input to combination or combined emission source(s) in Btu/hr.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. April 1, 1999; July 1, 1994; August 1, 1991; June 1, 1985; February 1, 1983;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0504 PARTICULATES FROM WOOD BURNING INDIRECT HEAT EXCHANGERS
(a) This Rule applies to fuel burning equipment that burns 100 percent wood. All other fuel burning equipment that burns both wood and other fuels in combination shall be subject to 15A NCAC 02D .0503. For the purpose of this Rule, the following definitions shall apply:
(1) "Functionally dependent" means that structures, buildings or equipment are interconnected through common process streams, supply lines, flues, or stacks.
(2) "Indirect heat exchanger" means any equipment used for the alteration of the temperature of one fluid by the use of another fluid in which the two fluids are separated by an impervious surface such that there is no mixing of the two fluids.
(3) "Plant site" means any single or collection of structures, buildings, facilities, equipment, installations, or operations that:
(A) are located on one or more adjacent properties;
(B) are under common legal control; and
(C) are functionally dependent in their operations.
(b) The definition contained in Subparagraph (a)(3) of this Rule does not affect the calculation of the allowable emission rate of any indirect heat exchanger permitted prior to April 1, 1999.
(c) Emissions of particulate matter from the combustion of wood shall not exceed:
Allowable Emission Limit
Maximum Heat Input In For Particulate Matter
Million Btu/Hour In lb/Million Btu
Up to and Including 10 0.70
100 0.41
1,000 0.25
10,000 and Greater 0.15
For a heat input between any two consecutive heat inputs stated in the table set forth in this Paragraph, the allowable emissions of particulate matter shall be calculated by the equation E=1.1698*Q-.2230. "E" equals the allowable emission limit for particulate matter in lb/million Btu. "Q" equals the Maximum heat input in million Btu/hour.
(d) This Rule applies to installations in which wood is burned for the primary purpose of producing heat or power by indirect heat transfer.
(e) For the purpose of this Rule, the heat content of wood shall be 8,000 Btu per pound (dry-weight basis). The sum of maximum heat inputs of all wood burning indirect heat exchangers at a plant site that are in operation, under construction, or permitted pursuant to 15A NCAC 02Q, shall be considered as the total heat input for the purpose of determining the allowable emission limit for particulate matter for each wood burning indirect heat exchanger. Wood burning indirect heat exchangers constructed or permitted after February 1, 1983, shall not change the allowable emission limit of any wood burning indirect heat exchanger whose allowable emission limit has previously been set. The removal of a wood burning indirect heat exchanger shall not change the allowable emission limit of any wood burning indirect heat exchanger subject to this Rule whose allowable emission limit has previously been established. However, for any wood burning indirect heat exchanger subject to this Rule constructed after, or in conjunction with, the removal of another wood burning indirect heat exchanger at the plant site, the maximum heat input of the removed wood burning indirect heat exchanger shall no longer be considered in the determination of the allowable emission limit of any wood burning indirect heat exchanger subject to this Rule constructed after or in conjunction with the removal. For facilities or institutions, such as military and educational, whose primary wood burning capacity is for comfort heat, only those wood burning indirect heat exchangers subject to this Rule located in the same power plant or building or otherwise physically interconnected, such as common flues, steam, or power distribution line shall be used to determine the total heat input.
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(h)(1);
Eff. February 1, 1976;
Amended Eff. August 1, 2002; April 1, 1999; June 1, 1985; February 1, 1983;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0505 CONTROL OF PARTICULATES FROM INCINERATORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1987; June 1, 1985; February 1, 1983;
Repealed Eff. October 1, 1991.
15A NCAC 02D .0506 PARTICULATES FROM HOT MIX ASPHALT PLANTS
(a) The allowable emission rate for particulate matter resulting from the operation of a hot mix asphalt plant that are discharged from any stack or chimney into the atmosphere shall not exceed the level calculated with the equation
E = 4.9445(P)0.4376
calculated to three significant figures, for process rates less than 300 tons per hour, where "E" equals the maximum allowable emission rate for particulate matter in pounds per hour and "P" equals the process rate in tons per hour. The allowable emission rate shall be 60.0 pounds per hour for process rates equal to or greater than 300 tons per hour.
(b) Visible emissions from stacks or vents at a hot mix asphalt plant shall not exceed 20 percent opacity when averaged over a six-minute period.
(c) All hot mix asphalt batch plants shall be equipped with a scavenger process dust control system for the drying, conveying, classifying, and mixing equipment. The scavenger process dust control system shall exhaust through a stack or vent and shall be operated and maintained in such a manner as to comply with Paragraphs (a) and (b) of this Rule.
(d) Fugitive non-process dust emissions shall be controlled by 15A NCAC 02D .0540.
(e) Fugitive emissions for sources at a hot mix asphalt plant not covered by Paragraphs (a) through (d) of this Rule shall not exceed 20 percent opacity averaged over six minutes.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. August 1, 2004; July 1, 1998; January 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0507 PARTICULATES FROM CHEMICAL FERTILIZER MANUFACTURING PLANTS
The allowable emissions rate for particulate matter resulting from the manufacture, mixing, handling, or other operations in the production of chemical fertilizer materials that are discharged from any stack or chimney into the atmosphere shall not exceed the level calculated with the equation E = 9.377(P)0.3067 calculated to three significant figures, where "E" equals the maximum allowable emission rate for particulate matter in pounds per hour and "P" equals the process rate as the sum of the production rate and the recycle rate in tons per hour.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0508 PARTICULATES FROM PULP AND PAPER MILLS
(a) Emissions of particulate matter from the production of pulp and paper that are discharged from any stack or chimney into the atmosphere shall not exceed:
(1) 3.0 pounds per equivalent ton of air dried pulp from a recovery furnace stack;
(2) 0.6 pounds per equivalent ton of air dried pulp from a dissolving tank vent; and
(3) 0.5 pounds per equivalent ton of air dried pulp from a lime kiln stack.
(b) Emissions from any kraft pulp recovery boiler established after July 1, 1971, shall not exceed an opacity of 35 percent when averaged over a six-minute period. Six-minute averaging periods may exceed 35 percent opacity if:
(1) no six-minute period exceeds 89 percent opacity;
(2) no more than one six-minute period exceeds 35 percent opacity in any one hour; and
(3) no more than four six-minute periods exceed 35 percent opacity in any 24-hour period.
Where the presence of uncombined water vapor is the only reason for failure to meet this opacity limitation, the opacity limitation set forth in this Paragraph shall not apply.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; August 1, 1987; April 1, 1986; January 1, 1985; May 30, 1978;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0509 PARTICULATES FROM MICA OR FELDSPAR PROCESSING PLANTS
(a) The allowable emission rate for particulate matter resulting from the processing of mica or feldspar that are discharged from any chimney, stack, vent, or outlet into the atmosphere shall not exceed the level calculated with the equation E = 4(P)0.677 calculated to three significant figures for process rates less than or equal to 30 tons per hour. For process rates greater than 30 tons per hour but less than 1,000 tons per hour, the allowable emission rate for particulate matter shall not exceed the level calculated with the equation E = 20.421(P)0.1977 calculated to three significant figures. For process rates greater than or equal to 1,000 tons per hour but less than 3,000 tons per hour, the allowable emission rate for particulate matter shall not exceed the level calculated with the equation E = 38.147(P)0.1072 calculated to three significant figures. The allowable emission rate shall be 90.0 pounds per hour for process weight rates equal to or greater than 3,000 tons per hour. For the purpose of these equations, "E" equals the maximum allowable emission rate for particulate matter in pounds per hour and "P" equals the process weight rate in tons per hour.
(b) Fugitive non-process dust emissions shall meet the requirements of 15A NCAC 02D .0540.
(c) The owner or operator of any mica or feldspar plant shall control process-generated emissions:
(1) from crushers with wet suppression, and
(2) from conveyors, screens, and transfer points,
such that the applicable opacity standards in 15A NCAC 02D .0521 or .0524 are not exceeded.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. April 1, 2003; July 1, 1998; April 1, 1986; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0510 PARTICULATES FROM SAND, GRAVEL, OR CRUSHED STONE OPERATIONS
(a) The owner or operator of a sand, gravel, or crushed stone operation shall not cause, allow, or permit any material to be produced, handled, transported or stockpiled without taking measures, such as application of a dust or wet suppressant, soil stabilizers, covers, or add-on particulate control devices, to reduce to a minimum any particulate matter from becoming airborne to prevent exceeding the ambient air quality standards beyond the property line for particulate matter, both PM10 and total suspended particulates.
(b) Fugitive non-process dust emissions from sand, gravel, or crushed stone operations shall be controlled by 15A NCAC 02D .0540.
(c) The owner or operator of any sand, gravel, or crushed stone operation shall control process-generated emissions:
(1) from crushers with wet suppression; and
(2) from conveyors, screens, and transfer points,
such that the applicable opacity standards in 15A NCAC 02D .0521 or .0524 are not exceeded.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; January 1, 1985;
Readopted. Eff. November 1, 2020.
15A NCAC 02D .0511 PARTICULATES FROM LIGHTWEIGHT AGGREGATE PROCESSES
(a) The owner or operator of a lightweight aggregate process shall not cause, allow, or permit any material to be produced, handled, transported or stockpiled without taking measures, such as wet suppression, to reduce to a minimum any particulate matter from becoming airborne to prevent the ambient air quality standards for particulate matter, both PM10 and total suspended particulates, from being exceeded beyond the property line.
(b) Fugitive non-process dust emissions from lightweight aggregate processes subject to this Rule shall meet the requirement of 15A NCAC 02D .0540.
(c) The owner or operator of any lightweight aggregate process shall control process-generated emissions:
(1) from crushers with wet suppression; and
(2) from conveyors, screens, and transfer points,
such that the applicable opacity standards in 15A NCAC 02D .0521 or .0524 are not exceeded.
(d) Particulate matter from any stack serving any lightweight aggregate kiln or lightweight aggregate dryer shall be reduced by at least 95 percent by weight before being discharged to the atmosphere.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; October 1, 1989; January 1, 1985; April 1, 1977;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0512 PARTICULATES FROM WOOD PRODUCTS FINISHING PLANTS
A person shall not cause, allow, or permit particulate matter caused by the working, sanding, or finishing of wood to be discharged from any stack, vent, or building into the atmosphere without providing, as a minimum for its collection, duct work and collectors that are properly designed and adequate to collect particulate to the maximum extent practicable, or such other devices as approved by the Commission. Commission approval of other devices proposed to meet the requirements of this Rule shall occur on a case-by-case basis. In no case shall the ambient air quality standards be exceeded beyond the property line. Collection efficiency shall be determined on the basis of weight.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0513 PARTICULATES FROM PORTLAND CEMENT PLANTS
(a) Particulate matter from any Portland cement kiln shall:
(1) be reduced by at least 99.7 percent by weight before being discharged to the atmosphere; and
(2) not exceed 0.327 pounds per barrel.
(b) The emissions of particulate matter from any stacks, vent, or outlets from all processes except Portland cement kilns shall be controlled pursuant to 15A NCAC 02D .0515.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0514 PARTICULATES FROM FERROUS JOBBING FOUNDRIES
Particulate emissions from any ferrous jobbing foundry cupola existing before January 2, 1972 shall not exceed:
Maximum Allowable
Process Weight Emission
In lb/hr Rate For Particulate In lb/hr
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.65
6,000 11.30
7,000 12.90
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
16,000 21.60
18,000 23.40
20,000 25.10
Any foundry existing before January 2, 1972, having a capacity greater than shown in the table and any new foundry, regardless of size, shall comply with the particulate emission limits pursuant to 15A NCAC 02D .0515(a).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1998; April 1, 1986; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0515 PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES
(a) The allowable emission rates for particulate matter from any stack, vent, or outlet, resulting from any industrial process for which no other emission control standards are applicable, shall not exceed the level calculated with the equation E = 4.10(P)0.67 calculated to three significant figures for process rates less than or equal to 30 tons per hour. For process rates greater than 30 tons per hour, the allowable emission rates for particulate matter shall not exceed the level calculated with the equation E = 55.0(P)0.11- 40 calculated to three significant figures. For the purpose of these equations "E" equals the maximum allowable emission rate for particulate matter in pounds per hour and "P" equals the process rate in tons per hour.
(b) Process rate means the total weight of all materials introduced into any specific process that may cause any emission of particulate matter. Solid fuels charged are considered as part of the process weight, but liquid and gaseous fuels and combustion air are not. For a cyclical or batch operation, the process rate is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process rate is derived by dividing the process weight for a typical period of time by the number of hours in that typical period of time.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. April 1, 2003; July 1, 1998; January 1, 1985; December 1, 1976;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0516 SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
(a) Emissions of sulfur dioxide from any source of combustion, including air pollution control devices, discharged from any vent, stack, chimney, or flare shall not exceed 2.3 pounds of sulfur dioxide per million Btu input.
(b) When determining compliance with this standard:
(1) the sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances shall be included;
(2) the sulfur dioxide formed or reduced as a result of treating flue gases with sulfur trioxide or other materials shall be included in the computation of emissions; and
(3) the determination of Btu input shall not include the contribution from any portion of fuels used exclusively to inflate the heat input value used to demonstrate compliance with the emission standard in Paragraph (a) of this Rule.
(c) The standard set forth in Paragraph (a) of this Rule shall not apply to sulfur dioxide emission sources already subject to an emission standard for sulfur dioxide in 15A NCAC 02D .0524, .0527, .1110, .1111, .1206, or .1210.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 2007; April 1, 2003; July 1, 1996; February 1, 1995; October 1, 1989; January 1, 1985; April 1, 1977;
Readopted Eff. November 1, 2020;
Amended Eff. June 1, 2023.
15A NCAC 02D .0517 EMISSIONS FROM PLANTS PRODUCING SULFURIC ACID
Emissions of sulfur dioxide or sulfuric acid mist from the manufacture of sulfuric acid shall not exceed:
(1) 27 pounds of sulfur dioxide per ton of sulfuric acid produced; and
(2) 0.5 pounds of acid mist, expressed as sulfuric acid, per ton of sulfuric acid produced.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0518 MISCELLANEOUS VOLATILE ORGANIC COMPOUND EMISSIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. April 1, 1997; July 1, 1996; September 1, 1994; December 1, 1993; February 1, 1993;
Repealed Eff. July 1, 2000.
15A NCAC 02D .0519 CONTROL OF NITROGEN DIOXIDE AND NITROGEN OXIDES EMISSIONS
(a) The emissions of nitrogen dioxide shall not exceed 5.8 pounds per ton of acid produced from any nitric acid manufacturing plant.
(b) The emissions of nitrogen oxides shall not exceed:
(1) 0.8 pounds per million BTU of heat input from any oil or gas-fired boiler with a capacity of 250 million BTU per hour or more; or
(2) 1.8 pounds per million BTU of heat input from any coal-fired boiler with a capacity of 250 million BTU per hour or more.
(c) The emission limit for a boiler burning coal, oil, or gas in combination shall be calculated by the equation:
[pic]
(1) E = the emission limit for combination in pounds per million BTU.
(2) Ec = emission limit for coal only as determined by Paragraph (b) of this Rule in pounds per million BTU.
(3) Eo = emission limit for oil or gas as determined by Paragraph (b) of this Rule in pounds per million BTU.
(4) Qc = the actual coal heat input to the combination in BTU per hour.
(5) Qo = the actual oil and gas heat input to the combination in BTU per hour.
(6) Qt = Qc + Qo and is the actual total heat input to the combination in BTU per hour.
(d) If a boiler is subject to an emission standard for nitrogen oxides pursuant to 15A NCAC 02D .0524 or 15A NCAC 02D .1418, then the boiler shall meet the standard in that particular rule instead of the standard in Paragraph (b) of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 2007; January 1, 2005; July 1, 1996; October 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0520 CONTROL AND PROHIBITION OF OPEN BURNING
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1985; November 1, 1978; December 1, 1976;
Repealed Eff. July 1, 1996.
15A NCAC 02D .0521 CONTROL 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 be expected to occur, except during startups, shutdowns, and malfunctions approved according to procedures in 15A NCAC 02D .0535.
(b) Scope. This Rule shall apply to all fuel burning sources and to other industrial processes having a visible emission. Sources subject to a specific visible emission standard in 15A NCAC 02D .0506, .0508, .0524, .1110, .1111, .1206, or .1210 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, but 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. Except for sources required to comply with Paragraph (g) of this Rule, six-minute averaging periods may exceed 20 percent opacity if:
(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 contributes solely to the 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 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 accordance with this Paragraph. 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 15A NCAC 02D .0535:
(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 prior to this quarter until 500 operational hours are obtained.
In no instance shall excess emissions exempted pursuant to 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 15A NCAC 02D .0400 or 40 CFR Part 50.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 2009; July 1, 2007; January 1, 2005; June 1, 2004; April 1, 2003; April 1, 2001; July 1, 1998; July 1, 1996; December 1, 1992; August 1, 1987; January 1, 1985; May 30, 1978;
Readopted Eff. November 1, 2020.
15a ncac 02d .0522 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1985;
Repealed Eff. April 1, 2001.
15A NCAC 02D .0523 CONTROL OF CONICAL INCINERATORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1985;
Repealed Eff. July 1, 2000.
15A NCAC 02D .0524 NEW SOURCE PERFORMANCE STANDARDS
(a) With the exception of Paragraph (b) and (c) of this Rule, sources subject to new source performance standards promulgated in 40 CFR Part 60 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and any other provisions, as required therein, rather than with any otherwise-applicable rule in this Section that would be in conflict therewith.
(b) The following are not included pursuant to this Rule:
(1) 40 CFR Part 60, Subpart AAA;
(2) 40 CFR Part 60, Subpart B;
(3) 40 CFR Part 60, Subpart C;
(4) 40 CFR Part 60, Subpart Cb;
(5) 40 CFR Part 60, Subpart Cc;
(6) 40 CFR Part 60, Subpart Cd;
(7) 40 CFR Part 60, Subpart Ce;
(8) 40 CFR Part 60, Subpart BBBB;
(9) 40 CFR Part 60, Subpart DDDD;
(10) 40 CFR Part 60, Subpart FFFF; or
(11) 40 CFR Part 60, Subpart HHHH.
(c) Along with the notice appearing in the North Carolina Register for a public hearing to amend this Rule to exclude a standard from this Rule, the Director shall state whether or not the new source performance standards promulgated under 40 CFR Part 60, or part thereof, shall be enforced. If the Environmental Management Commission does not adopt the amendment to this Rule to exclude or amend the standard within 12 months after the close of the comment period on the proposed amendment, the Director shall begin enforcing that standard when 12 months has elapsed after the end of the comment period on the proposed amendment.
(d) New sources of volatile organic compounds that are located in an area designated in 40 CFR 81.334 as nonattainment for ozone or an area identified in accordance with 15A NCAC 02D .0902 as being in violation of the ambient air quality standard for ozone shall comply with the requirements of 40 CFR Part 60 are not excluded by this Rule, as well as with any applicable requirements in 15A NCAC 02D .0900.
(e) All requests, reports, applications, submittals, and other communications to the administrator required under Paragraph (a) of this Rule shall be submitted to the Director rather than to the Environmental Protection Agency.
(f) In the application of this Rule, definitions contained in 40 CFR Part 60 shall apply rather than those in 15A NCAC 02D .0100.
(g) With the exceptions allowed in 15A NCAC 02Q .0102, Activities Exempted from Permit Requirements, the owner or operator of the source shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 18, 1976;
Temporary Amendment Eff. January 3, 1988, for a period of 180 days to expire on June 30, 1988;
Amended Eff. December 1, 1992; July 1, 1992;
Temporary Amendment Eff. March 8, 1994, for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. July 1, 2007; January 1, 2007; July 1, 2000; April 1, 1997; July 1, 1996; July 1, 1994;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0525 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
History Note: Filed as a Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-21.6;
Eff. June 18, 1976;
Amended Eff. July 1, 1994; December 1, 1992; July 1, 1992; August 1, 1991;
Repealed Eff. July 1, 1996.
15A NCAC 02D .0526 SULFUR DIOXIDE EMISSIONS FROM FUEL BURNING INSTALLATIONS
History Note: Filed as an Emergency Regulation Eff. October 28, 1977, for a period of 120 days to expire on
February 25, 1978;
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-13;
Expired Eff. February 25, 1978.
15A NCAC 02D .0527 EMISSIONS FROM SPODUMENE ORE ROASTING
Emission of sulfur dioxide and sulfuric acid mist from any one kiln used for the roasting of spodumene ore shall not exceed:
(1) 9.7 pounds of sulfur dioxide per ton of ore roasted; and
(2) 1.0 pound of sulfuric acid mist, expressed as H2SO4, per ton of ore roasted.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. March 15, 1978;
Amended Eff. January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0528 TOTAL REDUCED SULFUR FROM KRAFT PULP MILLS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Black liquor solids" means the dry weight of the solids that enter the recovery furnace in the black liquor.
(2) "Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, total reduced sulfur compounds from condensate streams from various processes within a kraft pulp mill.
(3) "Cross recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains more than seven percent by weight of the total pulp solids from the neutral sulfite semichemical process and has a green liquor sulfidity of more than 28 percent.
(4) "Digester system" means each continuous digester or each batch digester used for the cooking of wood in white liquor and associated flash tanks, blow tanks, chip steamers, and condensers.
(5) "Green liquor sulfidity" means the sulfidity of the liquor that leaves the smelt dissolving tank.
(6) "Kraft pulp mill" means any facility that produces pulp from wood by "cooking", industry term for digesting, wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration of cooking chemicals through a recovery process is also considered part of the kraft pulp mill.
(7) "Lime kiln" means a unit used to calcine lime mud that consists primarily of calcium carbonate, into quicklime, which is calcium oxide.
(8) "Multiple-effect evaporator system" means the multiple-effect evaporators and associated condensers and hot wells used to concentrate the spent cooking liquid that is separated from the pulp, known in the industry as "black liquor".
(9) "Neutral sulfite semichemical pulping operation" means any operation in which pulp is produced from wood by "cooking", industry term for digesting, wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating, also called grinding the wood pulp, to separate into its fibrous constituents.
(10) "New design recovery furnace" means a straight kraft recovery furnace that has both membrane wall or welded wall construction and emission control designed air systems.
(11) "Old design recovery furnace" means a straight kraft recovery furnace that does not have membrane wall or welded wall construction or emission control designed air systems.
(12) "Recovery furnace" means either a straight kraft recovery furnace or a cross recovery furnace and includes the direct-contact evaporator for a direct-contact furnace.
(13) "Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the recovery furnace.
(14) "Straight kraft recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains seven percent by weight or less of the total pulp solids from the neutral sulfite semichemical process or has green liquor sulfidity of 28 percent or less.
(15) "Total reduced sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptain, dimethyl sulfide, and dimethyl disulfide, that are released during the kraft pulping operation.
(b) This Rule shall apply to recovery furnaces, digester systems, multiple-effect evaporator systems, lime kilns, smelt dissolving tanks, and condensate stripping systems of kraft pulp mills not subject to 15A NCAC 02D .0524.
(c) Emissions of total reduced sulfur from any kraft pulp mill subject to this Rule shall not exceed:
(1) 20 parts per million from any old design recovery furnace;
(2) five parts per million from any new design recovery furnace;
(3) 25 parts per million from any cross recovery furnace;
(4) five parts per million from any digester system;
(5) five parts per million from any multiple-effect evaporator system;
(6) 20 parts per million from any lime kiln;
(7) five parts per million from any condensate stripping system; and
(8) 0.032 pounds per ton of black liquor solids (dry weight) from any smelt dissolving tank.
(d) The emission limitations given in Subparagraphs (c)(1) through (c)(7) of this Rule are measured as hydrogen sulfide on a dry gas basis and are averages of discrete contiguous 12-hour time periods. The emission limitations given in Subparagraphs (c)(1) through (c)(3) of this Rule are corrected to eight percent oxygen by volume. The emission limitations given in Subparagraph (c)(6) of this Rule is corrected to 10 percent oxygen by volume.
(e) One percent of all 12-hour total reduced sulfur averages per quarter year in excess of the limitations given in Subparagraphs (c)(1) through (c)(3) of this Rule, in the absence of start-ups, shut-downs and malfunctions, shall not be considered in violation. Two percent of all 12-hour total reduced sulfur averages per quarter year in excess of the limitation given in Subparagraph (c)(6) of this Rule, in the absence of start-ups, shut-downs, and malfunctions, shall not be considered in violation.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 1, 1980;
Amended Eff. July 1, 1988; July 1, 1987; January 1, 1985; November 1, 1982;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0529 FLUORIDE EMISSIONS FROM PRIMARY ALUMINUM REDUCTION PLANTS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Fluoride" means elemental fluorine and all fluoride compounds as measured by the methods specified in 15A NCAC 02D .2616 or by other methods demonstrated to be equivalent to those set forth in Rule 15A NCAC 02D .2616 approved by the Director on a case-by-case basis.
(2) "Prebake cell" is an aluminum reduction pot using carbon anodes formed, pressed, and baked prior to their placement in the pot.
(3) "Primary aluminum reduction plant" means any facility manufacturing aluminum by electrolytic reduction.
(b) This Rule shall apply to prebake cells at all primary aluminum reduction plants not subject to 15A NCAC 02D .0524.
(c) An owner or operator of a primary aluminum reduction plant subject to this Rule shall not cause, allow, or permit the use of the prebake cells unless:
(1) 95 percent of the fluoride emissions are captured; and
(2) 98.5 percent of the captured fluoride emissions are removed before the exhaust gas is discharged into the atmosphere.
(d) The owner or operator of a primary aluminum reduction plant subject to this Rule shall:
(1) ensure hood covers are in good repair and positioned over the prebake cells;
(2) minimize the amount of time hood covers are removed during pot working operations;
(3) if the hooding system is equipped with a dual low and high hood exhaust rate, use the high rate whenever hood covers are removed and return to the normal exhaust rate when the hood covers are replaced;
(4) minimize the occurrence of fuming pots and correct the cause of a fuming pot as soon as practical; and
(5) if the tapping crucibles are equipped with hoses that return aspirator air under the hood, ensure the hoses are in good repair and the air return system is functioning by ensuring operation in accordance with the manufacturer's specifications.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 1, 1981;
Amended Eff. June 1, 2008; July 1, 1988; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT DETERIORATION
(a) The purpose of the Rule is to implement a program for the prevention of significant deterioration of air quality as required by 40 CFR 51.166. The minimum requirements described in the portions of 40 CFR 51.166 are hereby adopted as requirements under this Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 adopted in this Rule speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of 40 CFR 51.166 adopted in this Rule provide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of non-applicability are also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2).
(b) For the purposes of this Rule, the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply, except the following:
(1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph:
(A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following apply:
(i) The average rate shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions;
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period;
(iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under Part 63 in Title 40 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions;
(iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62-133.6;
(v) For a regulated NSR pollutant, if a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant may be used for each regulated NSR pollutant; and
(vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part;
(B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero and thereafter, for all other purposes, shall equal the unit's potential to emit; and
(C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph and, for a new emissions unit, in accordance with the procedures contained in Part (B) of this Subparagraph;
(2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.166(b)(3)(ii) shall be seven years;
(3) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply;
(4) PM2.5 significant levels set forth in 40 CFR 51.166(b)(23)(i) are incorporated by reference. Sulfur dioxide (SO2) and nitrogen oxides (NOx) are precursors to PM2.5 in all attainment and unclassifiable areas. Volatile organic compounds are not significant precursors to PM2.5; and
(5) In 40 CFR 51.166(b)(49)(i)(a), starting January 1, 2011, in addition to PM10 and PM2.5, for particulate matter (PM), condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for each of these regulated NSR pollutants in PSD permits.
(c) All areas of the State are classified as Class II, except the following areas, which are designated as Class I:
(1) Great Smoky Mountains National Park;
(2) Joyce Kilmer Slickrock National Wilderness Area;
(3) Linville Gorge National Wilderness Area;
(4) Shining Rock National Wilderness Area; and
(5) Swanquarter National Wilderness Area.
(d) Redesignations of areas to Class I or II may be submitted as state proposals to the Administrator of the Environmental Protection Agency (EPA) if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be proposed to be redesignated as Class III if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations may not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands within the boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body.
(e) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the values set forth in 40 CFR 51.166(c). However, concentration of the pollutant shall not exceed standards set forth in 40 CFR 51.166(d).
(f) Concentrations attributable to the conditions described in 40 CFR 51.166(f)(1) shall be excluded in determining compliance with a maximum allowable increase. However, the exclusions referred to in 40 CFR 51.166(f)(1)(i) or (ii) shall be limited to five years as described in 40 CFR 51.166(f)(2).
(g) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166 (a)(7) and (i) and in 40 CFR 51.166(j) through (r) and (w). The transition provisions allowed by 40 CFR 52.21(i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted under this Rule.
(h) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install best available control technology for NOX and SO2, regardless of the applicability of the rest of this Rule.
(i) For the purposes of this Rule, 40 CFR 51.166(w)(10)(iv)(a) shall read: "If the emissions level calculated in accordance with Paragraph (w)(6) of this Section is equal to or greater than 80 percent of the PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference.
(j) 15A NCAC 02Q .0102 shall not be applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
(k) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(l) For the purposes of this Rule, the provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" shall be replaced with "Director".
(m) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall be exempted when calculating source applicability and control requirements under this Rule.
(n) The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected by:
(1) that amount of a stack height, not in existence before December 31, 1970, that exceeds good engineering practice; or
(2) any other dispersion technique not implemented before December 31, 1970.
(o) A substitution or modification of a model as provided in 40 CFR 51.166(l) is subject to public comment procedures in accordance with the requirements of 40 CFR 51.102.
(p) Permits may be issued on the basis of innovative control technology as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been met, subject to the condition of 40 CFR 51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4).
(q) If a source to which this Rule applies impacts an area designated Class I by requirements of 40 CFR 51.166(e), notice to EPA shall be provided as set forth in 40 CFR 51.166(p)(1). If the Federal Land Manager presents a demonstration described in 40 CFR 51.166(p)(3) during the public comment period or public hearing to the Director and if the Director concurs with this demonstration, the permit application shall be denied. Permits may be issued on the basis that the requirements for variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or (p)(6) and (p)(7) have been satisfied.
(r) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is complete as to the initial information submitted. Commencement of construction before full prevention of significant deterioration approval is obtained shall constitute a violation of this Rule.
(s) Approval of an application with regard to the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply with applicable provisions of other rules of this Subchapter, Subchapter 02Q of this Title, or any other requirements under local, state, or federal law.
(t) When a source or modification is subject to this Rule the following procedures apply:
(1) Notwithstanding any other provisions of this Paragraph, the Director shall, no later than 60 days after receipt of an application, notify the Federal Land Manager with the U.S. Department of Interior and U.S. Department of Agriculture of an application from a source or modification subject to this Rule;
(2) If a source or modification may affect visibility of a Class I area, the Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be given at least 30 days prior to the publication of notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application, including an analysis provided by the source of the potential impact of the proposed source on visibility;
(3) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate that an adverse impact on visibility will result in the Class I area, the Director shall follow the public hearing process described in 40 CFR 51.307(a)(3) on the application and include an explanation of the Director's decision or notice as to where the explanation can be obtained; and
(4) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification if the visibility impact analysis indicates possible visibility impairment, pursuant to 40 CFR 51.307.
(u) In lieu of the requirements in 40 CFR 51.166(r)(6) and (7), this Paragraph shall apply. If the owner or operator of a source is using projected actual emissions to determine applicability with prevention of significant deterioration requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include:
(1) a description of the project;
(2) identification of sources whose emissions could be affected by the project;
(3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c);
(4) the calculated baseline actual emissions in Subparagraph (b)(1) of this Rule and an explanation of how the baseline actual emissions were calculated; and
(5) any netting calculations, if applicable.
If, upon reviewing the notification, the Director finds that the project will require a prevention of significant deterioration evaluation, the Director shall notify the owner or operator of his or her findings and the owner or operator shall not make the modification until a prevention of significant deterioration permit has been issued pursuant to this Rule. If the Director finds that the project will not require a prevention of significant deterioration evaluation and the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus baseline actual emissions, is 50 percent or greater of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant, then the Director shall require a permit application to include a permit condition for monitoring, recordkeeping and reporting of the annual emissions related to the project in tons per year, for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit for the regulated NSR pollutant; otherwise, these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the Director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director and the general public, pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). The monitoring, recordkeeping and reporting requirements in this Paragraph shall not apply if the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus the baseline actual emissions is less than 50 percent of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant.
(v) Portions of the regulations in the Code of Federal Regulations (CFR) that are referred to in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the CFR incorporated in this Rule, with respect to 40 CFR 51.166, is that as of July 1, 2019 at and does not include any subsequent amendments or editions. Federal regulations referenced in 40 CFR 51.166 shall include subsequent amendments and editions. The publication may be accessed free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(5); 143-215.107(a)(7); 143-215.108(b);
Eff. June 1, 1981;
Amended Eff. December 1, 1992; August 1, 1991; October 1, 1989; July 1, 1988; October 1, 1987; June 1, 1985; January 1, 1985; February 1, 1983;
Temporary Amendment Eff. March 8, 1994, for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. September 1, 2017; September 1, 2013; January 2, 2011; September 1, 2010; May 1, 2008; July 28, 2006; July 1, 1997; February 1, 1995; July 1, 1994;
Readopted Eff. October 1, 2020.
15A NCAC 02D .0531 SOURCES IN NONATTAINMENT AREAS
(a) The purpose of this Rule is to implement a program for new source review in nonattainment areas as required by 40 CFR 51.165. The definitions contained in 40 CFR 51.165(a)(1) and 40 CFR 51.301 shall apply, except for the following:
(1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this Subparagraph as follows:
(A) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five year period immediately preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following apply:
(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions;
(ii) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period;
(iii) For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under Part 63 in Title 40 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions;
(iv) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62-133.6;
(v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant; and
(vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part;
(B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit; and
(C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part (B) of this Subparagraph;
(b) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.165(a)(1)(vi)(C)(1) is seven years.
(c) PM2.5 significant levels in 40 CFR 51.165(a)(1)(x)(A) are incorporated by reference except as otherwise provided in this Rule. Sulfur dioxide (SO2) and nitrogen oxides (NOx) are precursors to PM2.5 in all nonattainment areas. Volatile organic compounds and ammonia are not significant precursors to PM2.5.
(d) In 40 CFR 51.165(a)(1)(xxxvii)(D), starting January 1, 2011, in addition to PM10 and PM2.5, for particulate matter (PM), condensable particulate matter shall be accounted for in applicability determinations and in establishing emission limitations for each of these regulated NSR pollutants in nonattainment major NSR permits.
(e) Redesignation to Attainment. If any county or part of a county to which this Rule applies is later designated in 40 CFR 81.334 as attainment, all sources in that county subject to this Rule before the redesignation date shall continue to comply with this Rule.
(f) Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. This Rule applies to areas designated as nonattainment in 40 CFR 81.334, including any subsequent amendments or editions.
(g) This Rule is not applicable to:
(1) emission of pollutants at the new major stationary source or major modification located in the nonattainment area that are pollutants other than the pollutant or pollutants for which the area is nonattainment. A major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides is also major for ozone;
(2) emission of pollutants for which the source or modification is not major;
(3) a new source or modification that qualifies for exemption under the provision of 40 CFR 51.165(a)(4); or
(4) emission of compounds listed under 40 CFR 51.100(s) as having been determined to have negligible photochemical reactivity except carbon monoxide.
(h) 15A NCAC 02Q .0102 is not applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
(i) To issue a permit to a source to which this Rule applies, the Director shall determine that the source meets the following requirements:
(1) The new major stationary source or major modification will emit the nonattainment pollutant at a rate no more than the lowest achievable emission rate;
(2) The owner or operator of the proposed new major stationary source or major modification has demonstrated that all major stationary sources in the State that are owned or operated by this person (or any entity controlling, controlled by, or under common control with this person) are subject to emission limitations and are in compliance, or on a schedule for compliance that is federally enforceable or contained in a court decree, with all applicable emission limitations and standards of this Subchapter that EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality;
(3) The owner or operator of the proposed new major stationary source or major modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources in the nonattainment area so that the emissions from the new major source and any associated new minor sources will be less than the emissions reductions by a ratio of at least 1.00 to 1.15 for volatile organic compounds and nitrogen oxides and by a ratio of less than one to one for carbon monoxide. The baseline for this emission offset shall be the actual emissions of the source from which offset credit is obtained. Emission reductions shall not include any reductions resulting from compliance (or scheduled compliance) with applicable rules in effect before the application. The difference between the emissions from the new major source and associated new minor sources of carbon monoxide and the emission reductions shall be sufficient to represent reasonable further progress toward attaining the National Ambient Air Quality Standards. The emissions reduction credits shall also conform to the provisions of 40 CFR 51.165(a)(3)(ii)(A) through (G) and (J); and
(4) The North Carolina State Implementation Plan for Air Quality is being carried out for the nonattainment area in which the proposed source is located.
(j) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G.S. 62-133.6 shall install lowest achievable emission rate technology for NOX and SO2, regardless of the applicability of the rest of this Rule.
(k) For the purposes of this Rule, 40 CFR 51.165(f) is incorporated by reference except that 40 CFR 51.165(f)(10)(iv)(A) reads: "If the emissions level calculated in accordance with Paragraph (f)(6) of this Section is equal to or greater than 80 percent of the PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(10)(iv)(B) is not incorporated by reference.
(l) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(m) To issue a permit to a source of a nonattainment pollutant, the Director shall determine, in accordance with Section 173(a)(5) of the Clean Air Act and in addition to the other requirements of this Rule, that an analysis (produced by the permit applicant) of alternative sites, sizes, production processes, and environmental control techniques for the source demonstrates that the benefits of the source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
(n) For the purposes of this Rule, the provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director."
(o) Approval of an application regarding the requirements of this Rule does not relieve the owner or operator of the responsibility to comply with applicable provisions of other rules of this Chapter and any other requirements in local, State, or federal law.
(p) Except as provided in 40 CFR 52.28(c)(6), for a source or modification subject to this Rule the following procedures shall be followed:
(1) Notwithstanding any other provisions of this Paragraph, the Director shall, no later than 60 days after receipt of an application, notify the Federal Land Manager with the U.S. Department of Interior and U.S. Department of Agriculture of an application from a source or modification subject to this Rule;
(2) The owner or operator of the source shall provide an analysis of the impairment to visibility that would occur because of the source or modification and general commercial, industrial and other growth associated with the source or modification;
(3) When a source or modification may affect the visibility of a Class I area, the Director shall provide written notification to all affected Federal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be given at least 30 days before the publication of the notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application, including an analysis provided by the source of the potential impact of the proposed source on visibility;
(4) The Director shall consider any analysis concerning visibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysis of the Federal Land Manager fails to demonstrate to the Director's satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall follow the public hearing process described in 40 CFR 51.307(a)(3) on the application and include an explanation of the Director's decision or notice where the explanation can be obtained;
(5) The Director shall issue permits only to those sources whose emissions will be consistent with making reasonable progress, as defined in Section 169A of the Clean Air Act, toward the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I areas when the impairment results from manmade air pollution. In making the decision to issue a permit, the Director shall consider the cost of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source; and
(6) The Director may require monitoring of visibility in or around any Class I area by the proposed new source or modification when the visibility impact analysis indicates possible visibility impairment.
The requirements of this Paragraph do not apply to nonprofit health or nonprofit educational institutions.
(q) In lieu of the requirements in 40 CFR 51.165(a)(6) and (7), this Paragraph shall apply. If the owner or operator of a source is using projected actual emissions to determine applicability with nonattainment new source review requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include:
(1) a description of the project;
(2) identification of sources whose emissions could be affected by the project;
(3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.165(a)(1)(xxviii)(B)(3);
(4) the calculated baseline actual emissions in Subparagraph (a)(1) of this Rule and an explanation of how the baseline actual emissions were calculated; and
(5) any netting calculations, if applicable.
If upon reviewing the notification, the Director finds that the project will require a nonattainment new source review evaluation, the Director shall notify the owner or operator of his or her findings and the owner or operator shall not make the modification until a nonattainment new source review permit has been issued pursuant to this Rule. If the Director finds that the project will not require a nonattainment new source review evaluation and the projected actual emissions, calculated pursuant to 40 CFR 51.165(a)(1)(xxviii)(B)(1) and (2) minus the baseline actual emissions is 50 percent or greater of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant, then, the Director shall require a permit application to include a permit condition for the monitoring, recordkeeping, and reporting of the annual emissions related to the project in tons per years, for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit for the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the Director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.165(a)(6)(v)(A) through (C). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director and the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). The monitoring, recordkeeping, and reporting requirements in this Paragraph shall not apply if the projected actual emissions calculated pursuant to 40 CFR 51.165(a)(1)(xxviii)(B)(1) and (2), minus the baseline actual emissions, is less than 50 percent of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant.
(r) Portions of the regulations in the Code of Federal Regulations (CFR) that are referred to in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the CFR incorporated in this Rule, with respect to 40 CFR 51.165, is that as of July 1, 2019, at and does not include any subsequent amendments or editions. Federal regulations referenced in 40 CFR 51.165 shall include subsequent amendments and editions. The publication may be accessed free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b);
Eff. June 1, 1981;
Amended Eff. December 1, 1993; December 1, 1992; August 1, 1991; December 1, 1989; October 1, 1989; July 1, 1988; October 1, 1987; June 1, 1985; January 1, 1985; February 1, 1983;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. September 1, 2013; January 2, 2011; September 1, 2010; May 1, 2008; May 1, 2005; July 1, 1998; July 1, 1996; July 1, 1995; July 1, 1994;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0532 SOURCES CONTRIBUTING TO AN AMBIENT VIOLATION
(a) This Rule applies to new major stationary sources and major modifications to which 15A NCAC 02D .0531 does not apply and which would contribute to a violation of a national ambient air quality standard, but which would not cause a new violation.
(b) For the purpose of this Rule the definitions contained in Section II.A. of Appendix S of 40 CFR Part 51 shall apply.
(c) The Rule is not applicable to:
(1) emission of a pollutant from a new or modified source located in an area designated as nonattainment for that pollutant in 40 CFR 81.334;
(2) emission of pollutants for which the source or modification is not major;
(3) emission of pollutants other than sulfur dioxide, PM2.5, nitrogen oxides, carbon monoxide, and PM10;
(4) a new or modified source whose impact will not increase more than:
(A) 1.0 µg/m3 of SO2 on an annual basis;
(B) 5 µg/m3 of SO2 on a 24-hour basis;
(C) 25 µg/m3 of SO2 on a 3-hour basis;
(D) 0.3 µg/m3 of PM2.5 on an annual basis;
(E) 1.2 µg/m3 of PM2.5 on a 24-hour basis;
(F) 1.0 µg/m3 of NO2 on an annual basis;
(G) 0.5 mg/m3 of carbon monoxide on an 8-hour basis;
(H) 2 mg/m3 of carbon monoxide on a one-hour basis;
(I) 1.0 µg/m3 of PM10 on an annual basis; or
(J) 5 µg/m3 of PM10 on a 24-hour basis
at any locality that does not meet a national ambient air quality standard;
(5) sources which are not major unless secondary emissions are included in calculating the potential to emit;
(6) sources which are exempted by the provision in Section II.F. of Appendix S of 40 CFR Part 51;
(7) temporary emission sources which will be relocated within two years; and
(8) emissions resulting from the construction phase of the source.
(d) 15A NCAC 02Q .0102 is not applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
(e) To issue a permit to a new or modified source to which this Rule applies, the Director shall determine that the source will meet the following conditions:
(1) The sources will emit the nonattainment pollutant at a rate no more than the lowest achievable emission rate;
(2) The owner or operator of the proposed new or modified source has demonstrated that all major stationary sources in the State that are owned or operated by this person, or any entity controlling, controlled by, or under common control with this person, are subject to emission limitations and are in compliance, or on a schedule for compliance which is federally enforceable or contained in a court decree, with all applicable emission limitations and standards of this Subchapter which EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality; and
(3) The source will satisfy one of the following conditions:
(A) The source will comply with 15A NCAC 02D .0531(i) when the source is evaluated as if it were in the nonattainment area; or
(B) The source will have an air quality offset, i.e., the applicant will have caused an air quality improvement in the locality where the national ambient air quality standard is not met by causing reductions in impacts of other sources greater than any additional impact caused by the source for which the application is being made. The emissions reductions creating the air quality offset shall be placed as a condition in the permit for the source reducing emissions. The requirements of this Part may be waived for the following sources, as specified in Section IV.B of Appendix S to 40 CFR Part 51, incorporated as specified in Paragraph (g) of this Rule:
(i) resource recovery facilities burning municipal solid waste; and
(ii) sources that must switch fuels due to lack of adequate fuel supplies, or sources that are required to be modified as a result of EPA regulations where no exemption from such regulations is available to the source, if the permit applicant demonstrates that it made its best efforts to obtain sufficient air quality offsets to comply with this Part, the applicant has secured all available air quality offsets, and the applicant will continue to seek the necessary air quality offsets and apply them when they become available.
(f) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(g) The version of the Code of Federal Regulations incorporated in this Rule is that as of July 1, 2019, at and does not include any subsequent amendments or editions to the referenced material. The publication may be accessed free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b);
Eff. June 1, 1981;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1994; December 1, 1993; December 1, 1992; October 1, 1989;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0533 STACK HEIGHT
(a) For the purpose of this Rule, the following definition shall apply:
(1) "A stack in existence" means that the owner or operator had:
(A) begun, or caused to begin, a continuous program of physical on-site construction of the stack; or
(B) entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in the time that is normally required to construct such a stack.
(2) "Dispersion technique":
(A) "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by:
(i) using that portion of a stack that exceeds good engineering practice stack height;
(ii) varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
(iii) increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
(B) "Dispersion technique" does not include:
(i) the reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
(ii) the using of smoke management in agricultural or silvicultural prescribed burning programs;
(iii) the merging of exhaust gas streams where:
(I) the facility owner or operator demonstrates that the source was originally designed and constructed with such merged gas streams;
(II) after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission limitation for the pollutant affected by such change in operation; or
(III) before July 8, 1985, such merging was part of a change in operation at the source that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source;
(iv) episodic restrictions on residential woodburning and open burning; or
(v) techniques pursuant to Subpart (A)(iii) of this Subparagraph which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
(3) "Emission limitation" means a requirement established by this Subchapter or a local air quality program certified by the Commission that limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
(4) "Excessive concentrations" means, for the purpose of determining good engineering practice stack height in Part (5)(D) of this Paragraph:
(A) for sources seeking credit for stack height exceeding that established in Part (5)(B) or (C) of this Paragraph, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 15A NCAC 02D .0530, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations in this Part shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;
(B) for sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established in 15A NCAC 02D .0533(a)(5)(B) or (C);
(i) a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in Part (A) of this Subparagraph, except that the emission rate specified by any applicable Rule in this Subchapter (or, in the absence of such a limit, the actual emission rate) shall be used; or
(ii) the actual presence of a local nuisance (odor, visibility impairment, or pollutant concentration) caused by the existing stack, as determined by the Director; and
(C) for sources seeking credit after January 12, 1979, for a stack height determined by 15A NCAC 02D .0533(a)(5)(B) or (C) where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970 based on the aerodynamic influence of structures not adequately represented by 15A NCAC 02D .0533(a)(5)(B) or (C), a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.
(5) "Good engineering practice (GEP) stack height" means the greater of:
(A) 65 meters measured from the ground-level elevation at the base of the stack;
(B) 2.5 times the height of nearby structure(s) measured from the ground-level elevation at the base of the stack for stacks in existence on January 12, 1979 and for which the owner or operator had obtained all applicable permit or approvals required pursuant to 15A NCAC 02Q and 40 CFR Parts 51 and 52, provided the owner or operator produces evidence that this equation was relied on in establishing an emission limitation;
(C) for stacks not covered by Part (B) of this Subparagraph, the height of nearby structures measured from the ground-level elevation at the base of the stack plus 1.5 times the lesser dimension (height or projected width) of nearby structure(s) provided that the Director may require the use of a field study or fluid model to verify GEP stack height for the source; or
(D) the height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
(6) "Nearby" means, for a specific structure or terrain feature:
(A) in Parts (5)(B) and (C) of this Subparagraph, that distance up to five times the lesser of the height or the width dimension of a structure but not greater than one-half mile. The height of the structure is measured from the ground-level elevation at the base of the Stack; and
(B) in Part (5)(D) of this Subparagraph, not greater than one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height [ht] of the feature, not to exceed two miles if such feature achieves a height [ht] one-half mile from the stack that is at least 40 percent of the GEP stack height determined by Part (5)(C) of this Subparagraph or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
(7) "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.
(b) With the exception stated in Paragraphs (c) and (d) of this Rule, the degree of emission limitations required by any rule in this Subchapter shall not be affected by:
(1) that amount of a stack height that exceeds good engineering practice; or
(2) any other dispersion technique.
(c) Paragraph (b) shall not apply to:
(1) stack heights in existence or dispersion techniques implemented before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as defined in 15A NCAC 02D .0530(b) and .0531(b) were carried out after December 31, 1970; or
(2) coal-fired steam electric generating units, subject to provisions of Section 118 of the federal Clean Air Act, which began operation before July 1, 1957, and whose stacks were constructed by a construction contract awarded before February 8, 1974.
However, these exemptions shall not apply to a new stack that replaces a stack that is exempted by Subparagraphs (1) and (2) of this Paragraph. These exemptions shall not apply to a new source using a stack that is exempted by Subparagraphs (1) and (2) of this Paragraph.
(d) This Rule shall not restrict the actual stack height of any source.
History Note:
Authority G.S. 143-215.3(a)(1);
Eff. November 1, 1982;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1994; July 1, 1987; April 1, 1986;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0534 FLUORIDE EMISSIONS FROM PHOSPHATE FERTILIZER INDUSTRY
(a) Emissions of total fluorides shall not exceed:
(1) 0.020 pounds per ton of phosphorus-bearing material fed to any wet-process phosphoric acid plant;
(2) 0.010 pounds per ton of phosphorus-bearing material fed to any superphosphoric acid plant;
(3) 0.40 pounds per ton of phosphorus-bearing material fed to any granular diammonium phosphate plant;
(4) 0.20 pounds per ton of phosphorus-bearing material fed to any run-of-pile triple superphosphate plant including curing and storing process;
(5) 0.20 pounds per ton of phosphorus-bearing material fed to any granular triple superphosphate plant that began operating after December 31, 1969;
(6) 0.40 pounds per ton of phosphorus-bearing material fed to any granular triple superphosphate plant that began operating before January 1, 1970; and
(7) 0.00050 pounds per hour per ton of phosphorus-bearing material cured or stored at any curing or storage facility associated with a granular triple superphosphate plant.
(b) The phosphorus-bearing material mentioned in Paragraph (a) of this Rule shall be expressed as phosphorus pentoxide.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. November 1, 1982;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0535 EXCESS EMISSIONS REPORTING AND MALFUNCTIONS
(a) For this Rule the following definitions apply:
(1) "Excess Emissions" means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in 15A NCAC 02D .0500, .0900, .1200, or 1400; or by a permit condition; or that exceeds an emission limit established in a permit issued pursuant to 15A NCAC 02Q .0700.
(2) "Malfunction" means any unavoidable failure of air pollution control equipment, process equipment, or process to operate in a normal and usual manner that results in excess emissions. Excess emissions during periods of routine start-up and shut-down of process equipment are not considered a malfunction. Failures caused entirely or in part by poor maintenance, careless operations or any other upset condition within the control of the emission source are not considered a malfunction.
(3) "Start-up" means the commencement of operation of any source that has shut-down or ceased operation for a period sufficient to cause temperature, pressure, process, chemical, or a pollution control device imbalance that would result in excess emission.
(4) "Shut-down" means the cessation of the operation of any source for any purpose.
(b) This Rule does not apply to sources to which 15A NCAC 02D .0524, .1110, or .1111 applies unless excess emissions exceed an emission limit established in a permit issued under 15A NCAC 02Q .0700 that is more stringent than the emission limit set by 15A NCAC 02D .0524, .1110 or .1111.
(c) Any excess emissions that do not occur during start-up or shut-down are considered a violation of the appropriate rule unless the owner or operator of the source of excess emissions demonstrates to the Director, that the excess emissions are the result of a malfunction. To determine if the excess emissions are the result of a malfunction, the Director shall consider, along with any other pertinent information, the following:
(1) the air cleaning device, process equipment, or process has been maintained and operated, to the maximum extent practicable, consistent with good practice for minimizing emissions;
(2) repairs have been made expeditiously when the emission limits have been exceeded;
(3) the amount and duration of the excess emissions, including any bypass, have been minimized to the maximum extent practicable;
(4) all practical steps have been taken to minimize the impact of the excess emissions on ambient air quality;
(5) the excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance;
(6) the requirements of Paragraph (f) of this Rule have been met; and
(7) if the source is required to have a malfunction abatement plan, it has followed that plan. All malfunctions shall be repaired as expeditiously as practicable. However, the Director shall not excuse excess emissions caused by malfunctions from a source for more than 15 percent of the operating time during each calendar year. The owner or operator of a facility shall maintain records of the time that a source operates when it or its air pollution control equipment is malfunctioning or otherwise has excess emissions.
(d) All electric utility boiler units shall have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (1) through (3) of this Paragraph. In addition, the Director may require any other source to have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (1) through (3) of this Paragraph. If the Director requires a malfunction abatement plan for a source other than an electric utility boiler, the owner or operator of that source shall submit a malfunction abatement plan within 60 days after receipt of the Director's request. The malfunction plans of electric utility boiler units and of other sources required to have them shall be implemented when a malfunction or other breakdown occurs. The purpose of the malfunction abatement plan is to prevent, detect, and correct malfunctions or equipment failures that could result in excess emissions. A malfunction abatement plan shall contain:
(1) a complete preventive maintenance program including:
(A) the identification of individuals or positions responsible for inspecting, maintaining and repairing air cleaning devices;
(B) a description of the items or conditions that will be inspected and maintained;
(C) the frequency of the inspection, maintenance services, and repairs; and
(D) an identification and quantities of the replacement parts that shall be maintained in inventory for quick replacement;
(2) an identification of the source and air cleaning operating variables and outlet variables, such as opacity, grain loading, and pollutant concentration, that may be monitored to detect a malfunction or failure; the normal operating range of these variables and a description of the method of monitoring or surveillance procedures and of informing operating personnel of any malfunctions, including alarm systems, lights or other indicators; and
(3) a description of the corrective procedures that the owner or operator will take in case of a malfunction or failure to achieve compliance with the applicable rule as expeditiously as practicable but no longer than the next boiler or process outage that would provide for an orderly repair or correction of the malfunction or 15 days, whichever is shorter. If the owner or operator anticipates that the malfunction would continue for more than 15 days, a case-by-case repair schedule shall be established by the Director with the source. The owner or operator shall maintain logs to show that the operation and maintenance parts of the malfunction abatement plan are implemented. These logs are subject to inspection by the Director or his designee upon request during business hours.
(e) The owner or operator of any source required by the Director to have a malfunction abatement plan shall submit a malfunction abatement plan to the Director within six months after it has been required by the Director. The malfunction abatement plan and any amendment to it shall be reviewed by the Director or his designee. If the plan carries out the objectives described by Paragraph (d) of this Rule, the Director shall approve it. If the plan does not carry out the objectives described by Paragraph (d) of this Rule, the Director shall disapprove the plan. The Director shall state his reasons for his disapproval. The person who submits the plan shall submit an amendment to the plan to satisfy the reasons for the Director's disapproval within 30 days of receipt of the Director's notification of disapproval. Any person having an approved malfunction abatement plan shall submit to the Director for his approval amendments reflecting changes in any element of the plan required by Paragraph (d) of this Rule or amendments when requested by the Director. The malfunction abatement plan and amendments to it shall be implemented within 90 days upon receipt of written notice of approval.
(f) The owner or operator of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall:
(1) notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe:
(A) name and location of the facility,
(B) the nature and cause of the malfunction or breakdown;
(C) the time when the malfunction or breakdown is first observed;
(D) the expected duration; and
(E) an estimated rate of emissions.
(2) notify the Director or his designee after the corrective measures have been accomplished;
(3) submit to the Director within 15 days after the request a written report that includes:
(A) name and location of the facility,
(B) identification or description of the processes and control devices involved in the malfunction or breakdown;
(C) the cause and nature of the event;
(D) time and duration of the violation or the expected duration of the excess emission if the malfunction or breakdown has not been fixed;
(E) estimated quantity of pollutant emitted;
(F) steps taken to control the emissions and to prevent recurrences and if the malfunction or breakdown has not been fixed, steps planned to be taken; and
(G) any other pertinent information requested by the Director. After the malfunction or breakdown has been corrected, the Director may require the owner or operator of the source to test the source in accordance with 15A NCAC 02D .2600 to demonstrate compliance.
(g) Start-up and shut-down. Excess emissions during start-up and shut-down are considered a violation of the applicable rule if the owner or operator cannot demonstrate that the excess emissions are unavoidable. To determine if excess emissions are unavoidable during startup or shutdown the Director shall consider the items listed in Subparagraphs (c)(1), (c)(3), (c)(4), (c)(5), and (c)(7) of this Rule along with any other pertinent information. The Director may specify for a particular source the amount, time, and duration of emissions allowed during start-up or shut down if necessary to limit excess emissions and protect the NAAQS. The owner or operator shall, to the extent practicable, operate the source and any associated air pollution control equipment or monitoring equipment in a manner consistent with best practicable air pollution control practices to minimize emissions during start-up and shut-down.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Eff. March 1, 1983;
Amended Eff. June 1, 2008; April 1, 2001; July 1, 1998; July 1, 1996; October 1, 1991; May 1, 1990; April 1, 1986; July 1, 1984;
Amendment approved by RRC October 20, 2016 with a delayed effective date. Effective date delayed by Codifier upon May 15, 2018 request from the Environmental Management Commission. Rendered void May 28, 2020 by final action of the EPA withdrawing SIP Call for North Carolina, 85 Fed. Reg. 23700 (April 28, 2020) and the State's withdrawal of its SIP submittal to EPA on August 25, 2022;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0536 PARTICULATE EMISSIONS FROM ELECTRIC UTILITY BOILERS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. March 1, 1983;
Amended Eff. June 1, 2008; April 1, 2001; August 1, 1991; August 1, 1987; February 1, 1986;
Repealed Eff. November 1, 2020.
15A NCAC 02D .0537 CONTROL OF MERCURY EMISSIONS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Mercury" means the element mercury, excluding any associated elements, and includes mercury in particulates, vapors, aerosols, and compounds.
(2) "Stationary source" means the total plant site. This includes all emissions, such as stacks, ducts, vents, openings, and fugitives to the atmosphere within the property boundary.
(b) This Rule shall apply to all new and existing stationary sources engaged in the handling or processing of mercury and not subject to standards on emissions for mercury in 15A NCAC 02D .0530, .1110, or .1111.
(c) An owner or operator of a stationary source engaged in the handling or processing of mercury shall not cause, allow, or permit particulate or gaseous mercury emissions of more than 2300 grams per day into the atmosphere.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 1, 1985;
Amended Eff. July 1, 1996;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0538 CONTROL OF ETHYLENE OXIDE EMISSIONS
(a) For purposes of this Rule, "medical devices" means instruments, apparatus, implements, machines, implants, in vitro reagents, or other similar or related articles including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or intended to affect the structure or any function of the body of man or other animals.
(b) This Rule applies to emissions at facilities for which construction began after August 31, 1992 of ethylene oxide resulting from use as a sterilant in:
(1) the production and subsequent storage of medical devices; or
(2) the packaging and subsequent storage of medical devices for sale.
(c) This Rule does not apply to hospital or medical facilities.
(d) Facilities subject to this Rule shall comply with the following standards:
(1) for sterilization chamber evacuation, a closed loop liquid ring vacuum pump, or equipment demonstrated to be as effective at reducing emissions of ethylene oxide shall be used;
(2) for sterilizer exhaust, a reduction in the weight of uncontrolled emissions of ethylene oxide of at least 99.8 percent by weight shall be achieved;
(3) for sterilizer unload and backdraft valve exhaust:
(A) a reduction in uncontrolled emissions of ethylene oxide of at least 99 percent by weight shall be achieved; or
(B) a concentration of no more than one part per million by volume of ethylene oxide shall be achieved;
(4) sterilized product ethylene oxide residual emissions shall be reduced by:
(A) a heated degassing room to aerate the products after removal from the sterilization chamber. The temperature of the degassing room shall be maintained at a minimum of 95 degrees Fahrenheit during the degassing cycle and product hold time in the aeration room shall be at least 24 hours; or
(B) a process demonstrated to be as effective as Part (d)(4)(A) of this Rule.
(5) emissions of ethylene oxide from the degassing area or equivalent process shall be vented to a control device capable of reducing uncontrolled ethylene oxide emissions by at least 99 percent by weight or to no more than one part per million by volume of ethylene oxide. The product aeration room and the product transfer area shall be maintained under a negative pressure.
(e) Before installation of the controls required by Paragraph (d) of this Rule, and annually thereafter, a written description of waste reduction, elimination, or recycling plan shall be submitted to the Director to determine if ethylene oxide use can be reduced or eliminated through alternative sterilization methods or process modifications.
(f) The owner or operator of the facility shall conduct a performance test to verify initial efficiency of the control devices. The owner or operator shall maintain temperature records to demonstrate proper operation of the degassing room. For the purposes of this Paragraph, "proper operation" means in accordance with the manufacturer's specifications. Such records shall be retained for a period of at least two calendar years and shall be made available for inspection by Division personnel.
(g) If the owner or operator of a facility subject to the Rule demonstrates, using the procedures in 15A NCAC 02D .1106, that the emissions of ethylene oxide from all sources at the facility do not cause the acceptable ambient level of ethylene oxide in 15A NCAC 02D .1104 to be exceeded, then the requirements of Paragraphs (d) through (e) of this Rule shall not apply. This demonstration shall be at the option of the owner or operator of the facility. If this option is chosen, the Director shall write the facility's permit to satisfy the requirements of 15A NCAC 02D .1104(a).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 143-215.108(c);
Eff. September 1, 1992;
Amended Eff. June 1, 2004; August 1, 2002;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.
15a ncac 02d .0539 ODOR CONTROL OF FEED INGREDIENT MANUFACTURING PLANTS
(a) Applicability. The requirements of this Rule apply to any facility that produces feed-grade animal proteins or feed-grade animal fats and oils, but do not apply to any portions of such facilities engaged exclusively in the processing of food for human consumption.
(b) This Rule does not apply to those facilities solely engaged in the processing of marine byproducts. Those facilities shall control their odorous emissions pursuant to 15A NCAC 02D .1806.
(c) A person shall not allow, cause, or permit the operation or use of any device, machine, equipment, or other contrivance to process material to be used in the production of feed-grade animal proteins or feed-grade animal fats and oils unless all gases, vapors, and gas-entrained effluents from these processes are passed through condensers to remove all steam and other condensible materials. All noncondensibles passing through the condensers shall then be incinerated at 1200 degrees Fahrenheit for a period of not less than 0.3 seconds, or treated in an equally effective manner.
(d) Measurement and Recording Requirements. Any person processing or incinerating gases, vapors, or gas-entrained matter as required by Paragraph (c) of this Rule shall install, operate, and maintain in good working order and calibration continuous measuring and recording devices for equipment operational parameters to document equipment operation in accordance with this Rule. In addition, the owner or operator of the facility shall:
(1) demonstrate the measuring and recording devices are capable of verifying the compliance status of the equipment on a continuous basis;
(2) describe the parameters to be used to determine the compliance status and how these parameters:
(A) are to be measured;
(B) are to be used to determine compliance status; and
(3) provide a quality assurance program approved by the Director for all monitoring devices and systems that includes:
(A) procedures and frequencies for calibration;
(B) standards traceability;
(C) operational checks;
(D) maintenance schedules and procedures;
(E) auditing schedules and procedures;
(F) data validation; and
(G) schedule for implementing the quality assurance program.
These data shall be available to the Director upon request.
(e) A person shall not allow, cause, or permit the installation or operation of expeller units unless they are properly hooded to ensure that all exhaust gases are collected or ducted to odor control equipment.
(f) A person subject to this Rule shall not cause or permit any raw material to be handled, transported, or stored, or to undertake the preparation of any raw material without taking reasonable precautions to prevent odors from being discharged. For the purpose of this Rule, such raw material is in "storage" after it has been unloaded at a facility or after it has been located at the facility for at least 36 hours. Reasonable precautions shall include the following:
(1) storage of all raw material before or in the process of preparation, in properly enclosed and vented equipment or areas, together with the use of effective devices and methods to prevent the discharge of odor bearing gases;
(2) use of covered vehicles or containers of watertight construction for the handling and transporting of any raw material; and
(3) use of hoods and fans to enclose and vent the storage, handling, preparation, and conveying of any odorous materials together with effective devices or methods, or both, to prevent emissions of odors or odor bearing gases.
(g) A vehicle or container holding raw material, which has not been unloaded inside or parked inside an odor controlled area within the facility, shall be unloaded for processing of the raw material prior to the expiration of the following time limits:
(1) for feathers with only trace amounts of blood, such as those obtained from slaughtering houses that separate blood from offal and feathers, no later than 48 hours after being weighed upon arrival at the facility; and
(2) for used cooking oil in sealed tankers, no later than 96 hours after being weighed upon arrival at the facility.
(h) The owner or operator shall notify the regional supervisor of the appropriate regional office within two business days after the provisions of Paragraph (g) of this Rule are not met and the conditions that are encountered that cause or may cause release of excessive and malodorous gases or vapors.
(i) The owner or operator of a facility shall be in compliance with this Rule before beginning operation.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5);
Eff. July 1, 1996;
Amended Eff. June 1, 2018; April 1, 2001;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0540 PARTICULATES FROM FUGITIVE DUST EMISSION SOURCES
(a) For the purpose of this Rule the following definitions apply:
(1) "Excess fugitive dust emissions" means:
(A) fugitive dust is visible extending beyond the facility's property line; or
(B) upon inspection of settled dust on adjacent property, the Division finds that the dust came from the adjacent facility.
(2) "Fugitive dust emissions" means particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as unloading and loading areas, process areas, stockpiles, stockpile working, plant parking lots, and plant roads, including access roads and haul roads.
(3) "Production of crops" means:
(A) cultivation of land for crop planting;
(B) crop irrigation;
(C) harvesting;
(D) on site curing, storage, or preparation of crops; or
(E) protecting crops from damage or disease conducted according to practices acceptable to the North Carolina Department of Agriculture and Consumer Services.
(4) "Public parking" means an area dedicated to or maintained for the parking of vehicles by the general public.
(5) "Public road" means any road that is part of the State highway system or any road, street, or right-of-way dedicated or maintained for public use.
(6) "Substantive complaints" means complaints that are verified by the Division with physical evidence of excess fugitive dust emissions.
(b) This Rule does not apply to:
(1) abrasive blasting covered by 15A NCAC 02D .0541;
(2) cotton ginning operations covered by 15A NCAC 02D .0542;
(3) non-production military base operations;
(4) land disturbing activities that do not require a permit pursuant to 15A NCAC 02Q or are not subject to a requirement pursuant to 15A NCAC 02D, such as clearing, grading, or digging, and related activities such as hauling fill and cut material, building material, or equipment; or
(5) public roads, public parking, timber harvesting, or production of crops.
(c) The owner or operator of a facility required to have a permit pursuant to 15A NCAC 02Q or a source subject to a requirement pursuant to 15A NCAC 02D shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or visible emissions in excess of that allowed pursuant to Paragraph (e) of this Rule.
(d) If fugitive dust emissions from a facility required to comply with this Rule cause or contribute to substantive complaints, the owner or operator of the facility shall:
(1) within 30 days upon receipt of written notification from the Director of a second substantive complaint in a 12-month period, submit to the Director a written report that includes the identification of the probable sources of the fugitive dust emissions causing complaints and what measures can be made to abate the fugitive emissions;
(2) within 60 days of the initial report submitted pursuant to Subparagraph (1) of this Paragraph, submit to the Director a fugitive dust control plan as described in Paragraph (f) of this Rule; and
(3) within 30 days after the Director approves the plan pursuant to Paragraph (g) of this Rule, be in compliance with the plan.
(e) The Director shall require that the owner or operator of a facility covered by Paragraph (c) of this Rule develop and submit a fugitive dust control plan as described in Paragraph (f) of this Rule if:
(1) ambient air quality measurements or dispersion modeling as provided in 15A NCAC 02D .1106(e) show that the excess fugitive dust emissions cause the ambient air quality standard for particulates in 15A NCAC 02D .0400 to be exceeded; or
(2) the Division observes excess fugitive dust emissions from the facility beyond the property boundaries for six minutes in any one hour using Reference Method 22 in 40 CFR 60, Appendix A.
(f) The fugitive dust control plan shall:
(1) identify the sources of fugitive dust emissions within the facility;
(2) describe how fugitive dust will be controlled from each identified source;
(3) contain a schedule by which the plan will be implemented;
(4) describe how the plan will be implemented, including training of facility personnel; and
(5) propose any methods that will be used to verify compliance with the plan.
(g) The Director shall approve the plan if he or she finds that:
(1) the plan contains all required elements in Paragraph (f) of this Rule;
(2) the proposed schedule contained in the plan will reduce fugitive dust emissions;
(3) the methods used to control fugitive dust emissions prevent fugitive dust emissions from causing or contributing to a violation of the ambient air quality standards for particulates; and
(4) the proposed compliance verification methods verify compliance with the fugitive dust control plan.
If the Director finds that the proposed plan does not meet the requirements of this Paragraph, he or she shall notify the owner or operator of the facility of any deficiencies in the proposed plan. The owner or operator shall have 30 days after receiving written notification from the Director to correct the deficiencies or submit a schedule describing actions to be taken and the time by which they will be implemented.
(h) If after a plan has been implemented, the Director finds that the plan fails to control excess fugitive dust emissions, he or she shall require the owner or operator of the facility to correct the deficiencies in the plan. Within 90 days after receiving written notification from the Director identifying the deficiency, the owner or operator of the facility shall submit a revision to his or her plan to correct the deficiencies.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(c)(7);
Eff. July 1, 1998;
Amended Eff. July 10, 2010; August 1, 2007;
Readopted Eff. September 1, 2019.
15A NCAC 02D .0541 CONTROL OF EMISSIONS FROM ABRASIVE BLASTING
(a) For the purpose of this Rule, the following definitions apply:
(1) "Abrasives" means any material used in abrasive blasting operations.
(2) "Abrasive blasting" means the operation of cleaning or preparing a surface by forcibly propelling a stream of abrasive material against the surface. Sandblasting is one form of abrasive blasting.
(3) "Abrasive blasting equipment" means any equipment used in abrasive blasting operations.
(4) "Building" means a structure with four or more sides and a roof used, in whole or in part, to house or contain abrasive blasting.
(5) "Fugitive dust emissions" means emissions of particulate matter into the outdoor atmosphere that is not vented or captured by a stack or chimney.
(b) The owner or operator shall ensure that any abrasive blasting operation conducted outside a building or conducted indoors and vented to the atmosphere is performed in accordance with the requirements set forth in 15A NCAC 02D .0521, Control of Visible Emissions. For the purposes of this Rule, the visible emissions reading for abrasive blasting performed outside a building shall be taken at a spot approximately one meter above the point of abrasive blasting with a viewing distance of approximately five meters.
(c) Except as provided in Paragraph (d) of this Rule, all abrasive blasting operations shall be conducted within a building.
(d) An abrasive blasting operation conducted under one or more of the following conditions is not required to be conducted within a building:
(1) when the item to be blasted exceeds eight feet in any dimension;
(2) when the surface being blasted is situated at its permanent location or not further away from its permanent location than is necessary to allow the surface to be blasted; or
(3) when the abrasive blasting operation is conducted at a private residence or farm and the visible emissions created by this abrasive blasting operation do not migrate beyond the property boundary of the private residence or farm on which the abrasive blasting operation is being conducted.
(e) The owner or operator of any abrasive blasting operation conducted in accordance with Subparagraphs (d)(1) and (d)(2) of this Rule, outside a building, shall take appropriate measures to ensure that the fugitive dust emissions created by the abrasive blasting operation do not migrate beyond the property boundaries in which the abrasive blasting operation is being conducted. Appropriate measures include the following:
(1) the addition of a suppressant to the abrasive blasting material;
(2) wet abrasive blasting;
(3) hydroblasting;
(4) vacuum blasting;
(5) shrouded blasting; or
(6) shrouded hydroblasting.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108(c)(7); 143-215.108(d)(1);
Eff. July 1, 2000;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0542 CONTROL OF PARTICULATE EMISSIONS FROM COTTON GINNING OPERATIONS
(a) Purpose. The purpose of this Rule is to establish control requirements for particulate emissions from cotton ginning operations.
(b) Definitions. For the purposes of this Rule, the following definitions apply:
(1) "1D-3D cyclone" means any cyclone-type collector of the 1D-3D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 1D-3D cyclone has a cylinder length of 1xD and a cone length of 3xD.
(2) "2D-2D cyclone" means any cyclone-type collector of the 2D-2D configuration. This designation refers to the ratio of the cylinder to cone length, where D is the diameter of the cylinder portion. A 2D-2D cyclone has a cylinder length of 2xD and a cone length of 2xD.
(3) "Bale" means a compressed and bound package of cotton lint, approximately weighing 500 pounds.
(4) "Existing facility" means a cotton ginning operation site operating prior to July 1, 2002.
(5) "Ginning operation" means any facility or plant removing seed, lint, trash, or any combination of these from raw cotton or bales of lint cotton.
(6) "Ginning season" means the period of time during which the gin is in operation, which is generally from September of the current year through January of the following year.
(7) "High pressure exhausts" means the exhaust air systems at a cotton gin not defined as "low pressure exhausts."
(8) "Low pressure exhausts" means the exhaust cotton handling systems located at a cotton gin that handle air from the cotton lint handling system and battery condenser.
(c) Applicability. This rule applies to all new, existing, and modified cotton ginning operations. Existing facilities with a maximum rated capacity of less than 20 bales per hour that do not have cyclones on lint cleaners and
battery condensers as of July 1, 2002 are not required to add:
(1) the emission control devices in Subparagraph (d)(1) of this Rule to lint cleaning exhausts if emissions from the lint cleaning are controlled by fine mesh screens; and
(2) the emission control devices in Subparagraph (d)(2) of this Rule to battery condenser exhausts if the emissions from the battery condenser are controlled by fine mesh screens.
(d) Emission Control Requirements. The owner or operator of each cotton ginning operation shall control particulate emissions from the facility by controlling:
(1) all high pressure exhausts and lint cleaning exhausts with an emission control system including:
(A) one or more 1D-3D or 2D-2D cyclones to achieve 95 percent efficiency; or
(B) a device with a minimum of 95 percent efficiency.
(2) low pressure exhausts, except lint cleaning exhausts, by an emission control system including:
(A) one or more 1D-3D or 2D-2D cyclones to achieve 90 percent efficiency; or
(B) a device with at least a 90 percent efficiency.
Efficiency is based on the removal of particulate matter between the cyclone's inlet and outlet; it is measured using test methods in 15A NCAC 02D .2600.
(e) Exhaust Rain Caps. Exhausts from emission points or control devices shall not be equipped with exhaust rain caps or other devices that deflect the emissions downward or outward.
(f) Operation and Maintenance. To ensure optimum control efficiency is maintained, the owner or operator shall establish, based on manufacturers recommendations, an inspection and maintenance schedule for the control devices, other emission processing equipment, and monitoring devices used pursuant to this Rule. The inspection and maintenance schedule shall be followed throughout the ginning season. The results of the inspections and any maintenance performed on the control equipment, emission processing equipment, or monitoring devices shall be recorded in the log book required in Paragraph (k) of this Rule.
(g) Fugitive Emissions. The owner or operator shall minimize fugitive emissions from cotton ginning operations in accordance with this Paragraph:
(1) The owner or operator of a
(A) trash stacker shall:
(i) install, maintain, and operate a three-sided enclosure with a roof whose sides are high enough above the opening of the dumping device to prevent wind from dispersing dust or debris; or
(ii) install, maintain, and operate a device to provide wet suppression at the dump area of the trash cyclone and minimize free fall distance of waste material exiting the trash cyclone.
(B) trash stacker and composting system shall: install, maintain, and operate a wet suppression system providing dust suppression in the auger box assembly and at the dump area of the trash stacker system. The owner or operator shall keep the trash material wet and compost it in place until the material is removed from the dump area for additional composting or disposal.
(2) Gin Yard. The owner or operator shall clean and dispose of accumulations of trash or lint on the non-storage areas of the gin yard daily.
(3) Traffic areas. The owner or operator shall clean paved roadways, parking, and other traffic areas at the facility as necessary to prevent re-entrainment of dust or debris. The owner or operator shall treat unpaved roadways, parking, and other traffic areas at the facility with wet or chemical dust suppressant as necessary to prevent dust from leaving the facility's property and shall install and maintain signs limiting vehicle speed to 10 miles per hour where chemical suppression is used and to 15 miles per hour where wet suppression is used.
(4) Transport of Trash Material. The owner or operator shall ensure all trucks transporting gin trash material are covered and the trucks are cleaned of over-spill material before trucks leave the trash hopper dump area. The dump area shall be cleaned daily.
(h) Alternative Control Measures. The owner or operator of a ginning operation may petition for use of alternative control measures to those specified in this Rule. The petition shall include:
(1) the name and address of the petitioner;
(2) the location and description of the ginning operation;
(3) a description of the alternative control measure; and
(4) a demonstration the alternative control measure's effectiveness is equal to or greater than the control device or method specified in this Rule.
(i) Approval of Alternative Control Measure. The Director shall approve the alternative control measure if he or she finds:
(1) all the information required by Paragraph (h) of this Rule has been submitted; and
(2) the alternative control measure's effectiveness is equal to or greater than the control device or method specified in this Rule.
(j) Monitoring.
(1) The owner or operator of each ginning operation shall install, maintain, and calibrate monitoring devices measuring pressures, rates of flow, and other operating conditions necessary to determine if the control devices function in accordance with the engineering specifications set forth in the permit.
(2) Before or during the first week of operation of the 2002-2003 ginning season, the owner or operator of each gin shall conduct a baseline study of the entire dust collection system, without cotton being processed, to ensure air flows stay within the design range for each collection device. For 2D-2D cyclones the air flow design range is 2600 to 3600 feet per minute. For 1D-3D cyclones the design range is 2800 to 3600 feet per minute. For other control devices the air flow design range is that found in the manufacturer's specifications. Gins constructed after the 2002-2003 ginning season shall conduct the baseline study before or during the first week of operation of the first ginning season following construction. During the baseline study the owner or operator shall measure or determine according to the methods specified in this Paragraph and record in a logbook:
(A) the calculated inlet velocity for each control device; and
(B) the pressure drop across each control device.
The owner or operator shall use Method 1 and Method 2 of 40 CFR Part 60 Appendix A to measure flow and static pressure and determine inlet velocity or the USDA method for determining duct velocity and static pressure in Agricultural Handbook Number 503, Cotton Ginners Handbook, dated December 1994. The Cotton Ginners Handbook method shall only be used where test holes are located a minimum of eight and one-half pipe diameters downstream and one and one-half pipe diameters upstream from elbows, valves, dampers, changes in duct diameter or any other flow disturbances. Where Method 2 is used a standard pitot tube may be used in lieu of the s-pitot specified in Method 2 subject to the conditions specified in Paragraph 2.1 of Method 2.
(3) On a monthly basis following the baseline study, the owner or operator shall measure and record in the logbook the static pressure at each port where the static pressure was measured in the baseline study. Measurements shall be made using a manometer, a Magnahelic® gauge, or other device the Director approves as being equivalent to a manometer. If the owner or operator measures a change in static pressure of 20 percent or more from that measured in the baseline study, the owner or operator shall initiate corrective action. Corrective action shall be recorded in the logbook. If corrective action will take more than 48 hours to complete, the owner or operator shall notify the regional supervisor of the region in which the ginning operation is located as soon as possible, but by no later than the end of the day such static pressure is measured.
(4) When any design changes to the dust control system are made, the owner or operator shall conduct a new baseline study for that portion of the system and shall record the new values in the logbook required in Paragraph (k) of this Rule. Thereafter monthly static pressure readings for that portion of the system shall be compared to the new values.
(5) During the ginning season, the owner or operator shall daily inspect for structural integrity of the control devices and other emissions processing systems and shall ensure that the control devices and emission processing systems conform to normal and proper operation of the gin. If a problem is found, corrective action shall be taken and recorded in the logbook required in Paragraph (k) of this Rule.
(6) At the conclusion of the ginning season, the owner or operator shall conduct an inspection of the facility to identify all scheduled maintenance activities and repairs needed relating to the maintenance and proper operation of the air pollution control devices for the next season. Any deficiencies identified through the inspection shall be corrected before beginning operation of the gin for the next season.
(k) Recordkeeping. The owner operator shall establish and maintain on-site a logbook documenting the following items:
(1) results of the baseline study as specified in Subparagraph (j)(2) of this Rule;
(2) results of new baseline studies as specified in Subparagraph (j)(4) of this Rule;
(3) results of monthly static pressure checks and any corrective action taken as specified in Subparagraph (j)(3) of this Rule;
(4) observations from daily inspections of the facility and any resulting corrective actions taken as required in Subparagraph (j)(5) of this Rule; and
(5) a copy of the manufacturer's specifications for each type of control device installed.
The logbook shall be maintained on site and made available to Division representatives upon request.
(l) Reporting. The owner or operator shall submit by March 1 of each year a report containing the following:
(1) the name and location of the cotton gin;
(2) the number of bales of cotton produced during the previous ginning season;
(3) a maintenance and repair schedule based on inspection of the facility at the conclusion of the previous cotton ginning season required in Subparagraph (j)(6) of this Rule; and
(4) signature of the responsible official as identified in 15A NCAC 02Q .0303.
(m) Compliance Schedule. Existing sources shall comply as specified in Paragraph (d) of this Rule. New and modified sources shall be in compliance upon start-up.
(n) Record retention. The owner or operator shall retain all records required to be kept by this Rule for three years from the date of recording.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. August 1, 2002;
Amended Eff. June 1, 2008;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0543 Best Available Retrofit Technology
(a) For the purposes of this Rule, the definitions at 40 CFR 51.301 shall apply.
(b) Mandatory Class I Federal areas are identified in 40 CFR Part 81, Subpart D.
(c) The Director shall have the maximum flexibility allowed pursuant to 40 CFR 51.308 or 40 CFR Part 51, Appendix Y.
(d) This Rule applies to BART-eligible sources meeting the requirements of 40 CFR Part 51, Appendix Y causing or contributing to any visibility impairment in a mandatory Class I Federal area as determined using 40 CFR Part 51, Subpart P.
(e) Unless exempted pursuant to 40 CFR 51.303, the owner or operator of a BART-eligible emission unit subject to this Rule shall perform a best available retrofit technology (BART) evaluation. Pursuant to 40 CFR 51.308, the evaluation shall include:
(1) the technology available;
(2) the cost of compliance;
(3) the energy and non-air quality environmental impacts of compliance;
(4) any pollution control equipment in use at the source;
(5) the remaining useful life of the source; and
(6) the degree of improvement in visibility reasonably anticipated to result from the use of such technology.
(f) The owner or operator of a BART-subject emission unit shall install, operate, and maintain BART as approved by the Director after considering the factors listed in Paragraph (e) of this Rule and incorporated in the unit's permit issued pursuant to 15A NCAC 02Q.
(g) BART shall be determined using "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" (1980), 40 CFR 51.308(e)(1)(ii), and 40 CFR Part 51, Appendix Y.
(h) "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" is incorporated by reference, exclusive of appendix E, and shall include any later amendments or editions. This document, which was published in the Federal Register on February 6, 1980 (45 FR 8210), is EPA publication No. 450/3–80–009b and can be obtained from the National Service Center for Environmental Publications (NSCEP) available for free through their online publication search tool at: https:/nscep. The document is also available through the U.S. Department of Commerce, National Technical Information Service located at 5301 Shawnee Road Alexandria, VA 22312.
History Note: Authority G.S.143-215.3(a)(1); 143-215.107(a)(5),(10);
Eff. September 1, 2006;
Amended Eff. May 1, 2007;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0544 PREVENTION OF SIGNIFICANT DETERIORATION Requirements FOR GreeNHouse GASES
(a) The purpose of this Rule is to implement a program for the prevention of significant deterioration of air quality for greenhouse gases as required by 40 CFR 51.166. The minimum requirements described in the portions of 40 CFR 51.166 are hereby adopted as requirements under this Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 adopted in this Rule speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of 40 CFR 51.166 adopted in this Rule provide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of non-applicability are also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2). For purposes of greenhouse gases, the provisions of this Rule shall apply rather than the provisions in 15A NCAC 02D .0530. For all other regulated new source review (NSR) pollutants, the provisions in 15A NCAC 02D .0530 shall apply. A major stationary source or major modification shall not be required to obtain a prevention of significant deterioration (PSD) permit on the sole basis of its greenhouse gases emissions.
(b) For the purposes of this Rule, the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply except the definition of "baseline actual emissions." "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with Subparagraphs (1) through (3) of this Paragraph:
(1) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period preceding the date that a complete permit application is received by the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply:
(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions;
(B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period;
(C) For an existing emission unit, other than an electric utility steam generating unit, the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source shall currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions;
(D) For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62-133.6;
(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period for each regulated NSR pollutant can be used for each regulated NSR pollutant; and
(F) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Parts (B) and (C) of this Subparagraph;
(2) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit; and
(3) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculated for existing emissions units in accordance with the procedures contained in Subparagraph (1) of this Paragraph and for a new emissions unit in accordance with the procedures contained in Subparagraph (2) of this Paragraph.
(c) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 51.166(b)(3)(ii) shall be seven years.
(d) In the definition of "subject to regulation", a greenhouse gas's global warming potential is the global warming potential published at Table A-1 of Subpart A of 40 CFR Part 98 and shall include subsequent amendments and editions.
(e) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply.
(f) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166(i) and (a)(7) and by extension in 40 CFR 51.166(j) through (r) and (w).
(g) 40 CFR 51.166(w)(10)(iv)(a) is changed to read: "If the emissions level calculated in accordance with Paragraph (w)(6) of this Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference.
(h) 15A NCAC 02Q .0102 is not applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 02Q .0300 or .0500.
(i) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shall apply to the source or modification as though construction had not yet begun on the source or modification.
(j) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director".
(k) Permits may be issued based on innovative control technology as set forth in 40 CFR 51.166(s)(1) if the requirements of 40 CFR 51.166(s)(2) have been met, subject to the condition of 40 CFR 51.166(s)(3), and with the allowance set forth in 40 CFR 51.166(s)(4).
(l) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is complete as to initial information submitted. Commencement of construction before full prevention of significant deterioration approval is obtained constitutes a violation of this Rule.
(m) Approval of an application with regard to the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply with applicable provisions of other rules of this Subchapter or 15A NCAC 02Q and any other requirements under local, State, or federal law.
(n) In lieu of the requirements in 40 CFR 51.166(r)(6) and (7), this Paragraph shall apply. If the owner or operator of a source is using projected actual emissions to determine applicability with prevention of significant deterioration requirements, the owner or operator shall notify the Director of the modification before beginning actual construction. The notification shall include:
(1) a description of the project;
(2) identification of sources whose emissions could be affected by the project;
(3) the calculated projected actual emissions and an explanation of how the projected actual emissions were calculated, including identification of emissions excluded by 40 CFR 51.166(b)(40)(ii)(c);
(4) the calculated baseline actual emissions in Subparagraph (b)(1) of this Rule an explanation of how the baseline actual emissions were calculated; and
(5) any netting calculations, if applicable.
If upon reviewing the notification, the Director finds that the project will require a prevention of significant deterioration evaluation, then the Director shall notify the owner or operator of his or her findings and the owner or operator shall not make the modification until a prevention of significant deterioration permit has been issued pursuant to this Rule. If the Director finds that the project will not require a prevention of significant deterioration evaluation and the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus the baseline actual emissions, is 50 percent or greater of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant, then, the Director shall require a permit application to include a permit condition for the monitoring, recordkeeping, and reporting of the annual emissions related to the project in tons per year, for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit for the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the Director within 60 days after the end of each year during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). The monitoring, recordkeeping, and reporting requirements in this Paragraph shall not apply if the projected actual emissions, calculated pursuant to 40 CFR 51.166(b)(40)(ii)(a) and (b), minus the baseline actual emissions, is less than 50 percent of the amount that is a significant emissions increase, without reference to the amount that is a significant net emissions increase, for the regulated NSR pollutant.
(o) Portions of the regulations in the Code of Federal Regulations (CFR) that are referred to in this Rule are incorporated by reference unless a specific reference states otherwise. The version of the CFR incorporated in this Rule, with respect to 40 CFR 51.166, is that as of July 1, 2019 at and does not include any subsequent amendments or editions. Federal regulations referenced in 40 CFR 51.166 shall include subsequent amendments and editions. This Rule is applicable in accordance with 40 CFR 51.166(b)(48) and (b)(49)(iv) and (v). The publication may be accessed free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(5); 143-215.107(a)(7); 143-215.108(b); 150B-21.6;
Eff. January 28, 2011 pursuant to E.O. 81, Beverly E. Perdue;
Pursuant to G.S. 150B-21.3(c), a bill was not ratified by the General Assembly to disapprove this rule;
Temporary Amendment Eff. December 23, 2011;
Amended Eff. July 1, 2012;
Temporary Amendment Eff. December 2, 2014;
Amended Eff. September 1, 2015;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0545 (rule VOID) TREATMENT OF MALFUNCTION EVENTS AND WORK PRACTICES FOR START-UP AND SHUT-DOWN OPERATIONS
(a) Applicability. In the event that United States Environmental Protection Agency's regulation, State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction, published in the Code of Federal Regulations (CFR) at 40 CFR 52 on June 12, 2015, is:
(1) declared or adjudged to be invalid or unconstitutional or stayed by the United States Court of Appeals for the Fourth Circuit, by the District of Columbia Circuit, or by the United States Supreme Court; or
(2) withdrawn, repealed, revoked, or otherwise rendered of no force and effect by the United States Environmental Protection Agency, Congress, or Presidential Executive Order;
such action shall render this Rule as invalid, void, stayed, or otherwise without force and effect upon the date such action becomes final and effective. At the time of such action, sources that were subject to this Rule shall be subject to Rule .0535 of this Subchapter. This Rule shall not apply to sources to which Rule .0524, .1110, or .1111 of this Subchapter applies.
(b) For the purposes of this Rule, the following definitions apply:
(1) "excess emissions" means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in Sections .0500, .0900, .1200, or .1400 of this Subchapter; by a permit condition; or that exceeds an emission limit established in a permit issued pursuant to 15A NCAC 02Q .0700;
(2) "malfunction" means any unavoidable failure of air pollution control equipment, process equipment, or process to operate in a normal and usual manner. Failures caused entirely or in part by poor maintenance, careless operations or any other upset condition within the control of the emission source shall not be considered a malfunction.
(3) "start-up" means the initial commencement of operation or subsequent commencement of operation of any source that has shut-down or ceased operation for a period sufficient to cause temperature, pressure, process, chemical, or a pollution control device imbalance that would result in excess. emissions; and
(4) "shut-down" means the cessation of the operation of any source for any purpose.
(c) Malfunctions. All facilities subject to this Rule shall:
(1) comply with the otherwise applicable emissions limits; or
(2) comply with the source specific malfunction work practice standard permit condition described in Paragraph (d) of this Rule.
(d) Source Specific Malfunction Work Practice Standard Permit Condition.
(1) A facility may request a source specific malfunction work practice standard to be included in the state and federal enforceable section of its air permit, after review by EPA and the public.
(2) The source specific malfunction work practice standard shall minimize emissions during the malfunction event and require the malfunction duration to be minimized.
(3) Subparagraphs (e)(1) and (e)(5) of this Rule shall be addressed in the source specific malfunction work practice standard. Any facility requesting a source specific malfunction work practice standard shall meet the requirements of Subparagraphs (f)(1) through (f)(3) of this Rule.
(4) Requests shall be made through the application for a permit, permit modification, or permit renewal pursuant to the permit application requirements in 15A NCAC 02Q .0300 or .0500. The public notice requirements specified in 15A NCAC 02Q .0306 and .0307 shall be followed for all proposed work practice standards in non-Title V permits. Public notice requirements specified in 15A NCAC 02Q .0521 shall be followed for all proposed work practice standards in Title V permits.
(5) At all times, the source shall be operated in a manner consistent with good practice for minimizing emissions and the owner or operator shall use their best efforts regarding planning, design, and operating procedures. The owner or operator's actions during malfunction periods shall be documented by properly signed, contemporaneous operating logs or other relevant evidence.
(6) Failure to implement or follow the Source Specific Malfunction Work Practice Standard Permit Condition shall be a violation of this Paragraph.
(7) Facilities that follow a Source Specific Malfunction Work Practice Standard Permit Condition during a malfunction that has been addressed in the Source Specific Malfunction Work Practice Standard Permit Condition shall be deemed in compliance.
(e) The Director shall determine the appropriate enforcement response for excess emissions due to a malfunction. The Director shall consider the following:
(1) The air cleaning device, process equipment, or process has been maintained and operated, to the maximum extent practicable, consistent with good practice for minimizing emissions;
(2) Repairs have been made expeditiously when the emission limits have been exceeded;
(3) The amount and duration of the excess emissions, including any bypass, have been minimized to the maximum extent practicable;
(4) All practical steps have been taken to minimize the impact of the excess emissions on ambient air quality;
(5) The excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance;
(6) The requirements of Paragraph (h) of this Rule have been met;
(7) If the source is required to have a malfunction abatement plan, the source has followed that plan; and
(8) any other pertinent information.
All malfunctions shall be repaired as expeditiously as practicable. The facility shall maintain records of the time that a source operates when it or its air pollution control equipment is malfunctioning or otherwise has excess emissions.
(f) All electric utility boiler units shall have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (f)(1) through (f)(3) of this Rule. In addition, the Director may require any other source to have a malfunction abatement plan approved by the Director as satisfying the requirements of Subparagraphs (f)(1) through (f)(3) of this Rule. If the Director requires a malfunction abatement plan for a source other than an electric utility boiler, the owner or operator of that source shall submit a malfunction abatement plan within 60 days after receipt of the Director's request. The malfunction abatement plans of electric utility boiler units and of other sources required to have malfunction abatement plans shall be implemented at all times. The objectives of the malfunction abatement plan are to prevent, detect, and correct malfunctions that may result in excess emissions. A malfunction abatement plan shall contain:
(1) a preventive maintenance program including:
(A) the identification of individuals or positions responsible for inspecting, maintaining, and repairing air cleaning devices;
(B) a description of the items or conditions that will be inspected and maintained;
(C) the frequency of the inspection, maintenance services, and repairs; and
(D) an identification and quantities of the replacement parts that shall be maintained in inventory for quick replacement;
(2) an identification of the source and air cleaning operating variables and outlet variables that may be monitored to detect a malfunction; the normal operating range of these variables and a description of the method of monitoring and of informing operating personnel of any malfunctions; and
(3) a description of the corrective procedures that the owner or operator will take in case of a malfunction or failure to achieve compliance with the applicable rule as expeditiously as practicable. The owner or operator shall maintain logs to show that the operation and maintenance parts of the malfunction abatement plan are implemented.
(g) The owner or operator of any source required by the Director to have a malfunction abatement plan shall submit a malfunction abatement plan to the Director within 60 days after it has been required by the Director. The malfunction abatement plan and any amendment to it shall be reviewed by the Director. If the plan carries out the objectives described by Paragraph (f) of this Rule, the Director shall approve it. If the plan does not carry out the objectives described by Paragraph (f) of this Rule, the Director shall disapprove the plan. The owner or operator shall submit an amendment to the plan to satisfy the plan requirements within 30 days of receipt of the Director's notification of disapproval. Any owner or operator of any source having an approved malfunction abatement plan shall submit to the Director for approval amendments reflecting changes in any element of the malfunction abatement plan required by Paragraph (f) of this Rule or amendments when requested by the Director. The malfunction abatement plan and amendments to it shall be implemented within 90 days upon receipt of written notice of approval.
(h) The owner or operator of a source of excess emissions that last for more than four hours and that results from a malfunction shall:
(1) notify the Director of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe:
(A) name and location of the facility;
(B) the nature and cause of the malfunction;
(C) the time when the malfunction is first observed;
(D) the expected duration; and
(E) an estimated rate of emissions;
(2) notify the Director by 9:00 a.m. Eastern time of the Division's next business day when the corrective measures have been accomplished;
(3) submit to the Director, within 15 days after the notification in Subparagraph (h)(1) of this Rule, a written report that includes:
(A) name and location of the facility;
(B) identification or description of the processes and control devices involved in the malfunction;
(C) the cause and nature of the event;
(D) time and duration of the violation or the expected duration of the excess emission if the malfunction has not been fixed;
(E) estimated quantity of pollutant emitted;
(F) steps taken to control the emissions and to prevent recurrences and if the malfunction has not been fixed, steps planned to be taken; and
(G) any other pertinent information requested by the Director.
After the malfunction has been corrected, the Director may require the owner or operator of the source to test the source in accordance with Section .2600 of this Subchapter to demonstrate compliance.
(i) Start-up and Shut-down: During periods of start-up and shut-down, sources at facilities subject to this Rule shall comply with any one of the following:
(1) the applicable SIP emission limit in the 15A NCAC 02D rules, or a permit limit established in a permit issued pursuant to 15A NCAC 02Q .0700;
(2) the applicable work practice standards in Subparagraphs (j)(1) though (j)(13) of this Rule;
(3) work practice standards currently in effect for federal rules promulgated since 2009 that address compliance during start-up and shut-down operations for equipment that would be subject to the federal rule except for rule applicability exemptions; or
(4) source specific start-up and shut-down work practice standard permit conditions described in Paragraph (k) of this Rule.
Excess emissions during start-up and shut-down shall be considered a violation of the applicable rule if the owner or operator cannot demonstrate that the work practice standards in Subparagraphs (i)(2), (i)(3), or (i)(4) of this Rule were followed. Facilities may comply with Subparagraphs (i)(1) or (i)(2) of this Rule during start-up and shut-down without a specific permit condition. Facilities that choose to comply with Subparagraph (i)(3) of this Rule during start-up and shut-down shall apply for and receive a permit condition that indicates the specific federal work practice standard that shall be followed. Facilities that choose to comply with Subparagraph (i)(4) of this Rule during start-up and shut-down shall apply for and receive a permit condition described in Paragraph (k) of this Rule.
(j) Generally Available Work Practices for Start-Up and Shut-Down Operations. The owner or operator shall, to the extent practicable, operate the source and any associated air pollution control equipment or monitoring equipment in a manner consistent with best practicable air pollution control practices to minimize emissions during start-up and shut-down. The following generally available work practice standards shall be followed:
(1) Periods of start-up and shut-down shall be documented in a permanent form suitable for inspection and submission to the Division. Documentation of start-ups and shut-downs shall include specific identification of each period of start-up or shut-down where a work practice standard is used and information required to demonstrate compliance with the applicable work practices. Start-up and shut-down operations shall occur as expeditiously as possible while minimizing emissions.
(2) Boilers and other combustion sources. All combustion sources shall commence operations while firing on the cleanest permitted fuel, to the extent practicable. The source shall minimize the start-up and shut-down periods to the extent practicable.
(A) For sources for which the manufacturer has established recommended procedures for start-ups and shut-downs, the source shall follow the manufacturer's recommended procedures.
(B) For sources for which there is no manufacturer-recommended procedures for start-ups and shut-downs, the source shall follow recommended procedures for a unit of similar design for which manufacturer's recommended procedures are available.
(3) Baghouses shall be operated upon start-up of emission unit, or when baghouse temperature exceeds the dew point, whichever occurs later, or as specified by manufacturer.
(4) Cyclones shall be operated at all times, including start-up and shut-down of the emission unit.
(5) Electrostatic precipitators (ESP) shall be operated upon start-up of emission unit, or when effluent temperature exceeds the dew point, whichever occurs later, or as specified by manufacturer.
(6) Selective catalytic reduction (SCR) units shall be operated if catalyst bed temperature is greater than 400°F, or as specified by manufacturer.
(7) Non-selective catalytic reduction (NSCR) units shall be operated when the effluent temperature is between 700°F and 1500°F, or as specified by manufacturer.
(8) Scrubbers shall be operated at all times from initialization of start-up to completion of shut-down.
(9) Carbon adsorption shall be operated at all times from initialization of start-up to completion of shut-down.
(10) Biofilters shall be operated at all times from initialization of start-up to completion of shut-down.
(11) Sorbent injection shall be operated at all times the gas stream temperature is greater than 300°F, or as specified by manufacturer.
(12) Regenerative Thermal Oxidizers (RTO), thermal, and catalytic oxidizers shall be operated at all times from initialization of start-up to completion of shut-down.
(13) Safety and fire protection protocols shall be followed during start-up and shut-down of all sources.
(k) Source Specific Start-Up and Shut-Down Work Practice Standard Permit Condition. A facility may request a source specific start-up and shut-down work practice standard be included in the state and federal enforceable section of their air permit, after review by EPA and the public. Such requests shall be made through the application for a permit, permit modification, or permit renewal pursuant to the permit application requirements in 15A NCAC 02Q .0300 or .0500. The public notice requirements specified in 15A NCAC 02Q .0306 and .0307 shall be followed for all proposed work practice standards in non-Title V permits. Public notice requirements specified in 15A NCAC 02Q .0521 shall be followed for all proposed work practice standards in Title V permits. Requests for work practice standards for periods of start-up and shut-down shall include the following considerations:
(1) the work practice standard is specific to a source and the associated control strategy;
(2) demonstration that the use of the control strategy for the source is technically infeasible during start-up or shut-down periods;
(3) the work practice standard requires that the frequency and duration of operation in start-up or shut-down mode are minimized to the greatest extent practicable;
(4) at all times, the source shall be operated in a manner consistent with good practice for minimizing emissions and the source uses best efforts regarding planning, design, and operating procedures; and
(5) the owner or operator's actions during start-up and shut-down periods shall be documented by properly signed, contemporaneous operating logs or other relevant evidence.
Any source without a start-up and shut-down work practice standard permit condition shall be required to comply with any applicable emission limit. Facilities that follow a source specific start-up and shut-down work practice standard permit condition during start-up and shut-down shall be deemed in compliance.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Adoption approved by RRC October 20, 2016 with a delayed effective date. Effective date delayed by Codifier upon May 15, 2018 request from the Environmental Management Commission. Rendered void May 28, 2020 by final action of EPA withdrawing SIP Call for North Carolina, 85 Fed. Reg. 23700 (April 28, 2020) and the State’s withdrawal of its SIP submittal to EPA on August 25, 2022.
15A NCAC 02D .0546 Control of EMISSIONS FROM log fumigation operations
(a) Purpose. The purpose of this Rule is to establish emission control requirements for hazardous air pollutants and toxic air pollutants from log fumigation operations.
(b) Definitions. For the purpose of this Rule, the following definitions and definitions in this Subchapter or 15A NCAC 02Q apply:
(1) "Bulk or tarpaulin log fumigation" means the fumigation of logs that are placed in piles on an impermeable surface and covered with a weighted-down tarpaulin.
(2) "Chamber log fumigation" means the fumigation of logs inside a sealed building or structure that is specifically used for fumigation. Chambers used for fumigation may be either atmospheric or vacuum type.
(3) "Container log fumigation" means the fumigation of logs inside a container where the doors of the container are closed and sealed.
(4) "Fumigant" means the hazardous air pollutant or toxic air pollutant that is used to eliminate the pests within the logs.
(5) "Fumigation operation" means the period of time that the fumigant is injected and retained in the container, chamber, or bulk piles for the purposes of treating the logs for insects and other pests to prevent the transfer of exotic organisms.
(6) "Hazardous air pollutant" means a pollutant listed under Section 112(b) of the federal Clean Air Act in 42 U.S.C. 7412(b).
(7) "Public right-of-way" means an area where people may reasonably be expected to be present for any part of a 24-hour period.
(8) "Toxic air pollutant" means a carcinogen, chronic toxicant, acute systemic toxicant, or acute irritant that is listed in 15A NCAC 02D .1104.
(c) Applicability. This Rule shall apply to new, existing, and modified bulk, chamber, and container log fumigation operations that use a hazardous air pollutant or toxic air pollutant as a fumigant.
(d) Emission Control Requirements. The owner or operator of a log fumigation operation shall comply with the Toxic Air Pollutant Guidelines specified in 15A NCAC 02D .1104 and follow the procedures specified in 15A NCAC 02D .1106, 15A NCAC 02Q .0709, and .0710.
(e) The owner or operator shall post signs notifying the public of fumigation operations. The signs shall be visible and legible to the public at the fence or property line closest to a public right-of-way. The signs shall remain in place permanently and shall conform to the format for placards mandated by the federally approved fumigant label.
(f) Monitoring, Recordkeeping, and Reporting. The owner or operator of a bulk, chamber, or container log fumigation operation shall comply with the requirements pursuant to 15A NCAC 02D .0600 and the following requirements:
(1) The owner or operator shall send an initial notification of commencement of operations to the Division of Air Quality regional office within 15 days of initial fumigation start-up.
(2) The owner or operator shall submit quarterly summary reports, signed by the permittee or the authorized responsible official, of the monitoring and recordkeeping activities. Within 30 days after the end of the calendar year quarter, reports shall be postmarked or received by the Division in accordance with 15A NCAC 02D .0605(i). The report shall contain the following:
(A) the company name, address, and facility ID number;
(B) the calendar year quarter represented by the report;
(C) the daily and total fumigant usage in pounds for the quarter;
(D) a summary of the monitoring data required by the permit that was collected during the quarter; and
(E) a summary of deviations from the monitoring parameters or allowable operating levels established in the permit.
(g) Compliance Schedule. The owner or operator of an existing log fumigation operation subject to this Rule shall achieve compliance within 60 days after the Rule is effective or in accordance with an alternate compliance schedule approved by the Director. In establishing an alternate compliance schedule, the Director shall consider whether the compliance approach chosen by the facility involves the purchase and installation of a control device. New and modified facilities shall achieve compliance with this Rule upon start-up.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Eff. November 1, 2020;
Amended Eff. September 1, 2023.
SECTION .0600 - MONITORING: RECORDKEEPING: REPORTING
15A NCAC 02D .0601 PURPOSE AND SCOPE
(a) The purpose of this Section is to set forth the requirements of the Commission for monitoring air pollution emissions and filing reports covering their discharge into the outdoor atmosphere of the state.
(b) This Section shall apply to all persons subject to the provisions of Subchapters 02D or 02Q of this Chapter.
(c) Monitoring, recordkeeping, and reporting may also be required by other rules including 15A NCAC 02D .0524, .0536, .1110, or .1111.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. July 1, 1984; June 18, 1976;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Amended Eff. April 1, 1999; July 1, 1996; July 1, 1994;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0602 DEFINITIONS
For the purpose of this Section, the following definitions apply:
(1) "Applicable requirement" means any rule, standard, or requirement established in Subchapters 02D or 02Q of this Chapter or Article 21 of the North Carolina General Statutes.
(2) "Calendar quarter" means:
(a) the time period from January 1 through March 31;
(b) the time period from April 1 through June 30;
(c) the time period from July 1 through September 30; or
(d) the time period from October 1 through December 31.
(3) "Capacity factor" means the ratio of the average load on a machine or equipment for a defined time period considered to the capacity rating of the machine or equipment.
(4) "Distillate oils" means fuel oil, including recycled oil, that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D-396, "Standard Specification for Fuel Oils."
(5) "Emission standard" means a State rule or federal regulation setting forth:
(a) an allowable rate of emissions, level of opacity, or prescribing equipment;
(b) fuel specifications;
(c) workplace standards; or
(d) material usage that result in control of air pollution emissions.
(6) "Excess emissions" means emissions of an air pollutant in excess of an emission standard.
(7) "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.
(8) "Good operation and maintenance" means minimizing air pollutant emissions from air pollution control equipment, reducing equipment malfunctions, and ensuring continued compliance with State rules, federal regulations, and permit requirements.
(9) "Nitric acid plant" means any facility producing nitric acid 30 to 70 percent in strength by either the pressure or atmospheric pressure process.
(10) "Permit condition" means:
(a) a condition set to comply with or to avoid any applicable requirement; or
(b) a condition set to maintain compliance with toxic air pollutant acceptable ambient levels or ambient air quality standards.
(11) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate oils, residual oils, lubricants, or other products through the distillation of petroleum or through the redistillation, cracking, or reforming of unfinished petroleum derivatives.
(12) "Residual oils" means crude oil, fuel oil that does not comply with the specifications according to the definition of distillate oil, or all fuel oil numbers 4, 5, and 6, as defined by the American Society for Testing and Materials in ASTM D-396, "Standard Specification for Fuel Oils."
(13) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is used primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. April 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0603 SOURCES COVERED BY NATIONAL STANDARDS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68;
Eff. February 1, 1976;
Amended Eff. November 1, 1982; June 1, 1980; June 18, 1976;
Repealed Eff. July 1, 1984.
15A NCAC 02D .0604 EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS
(a) Unless a rule specifies otherwise, during a period of monitoring system malfunction the owner or operator of a source shall not be required to monitor or report emissions if the owner or operator of the source shows that the malfunction was unavoidable, is being repaired as expeditiously as practicable, and no applicable requirements are violated. The owner or operator of the source shall, upon request of the Director, provide documentation of continuous monitoring system performance when system repairs or adjustments have been made. Malfunctions of the monitoring system that result from inadequate or poor operation and maintenance practices shall not be exempted from monitoring and reporting requirements. Operation and maintenance practices may be specified by the manufacturer, federal regulation, Rule, or a permit condition.
(b) The owner or operator of a source that operates less than 30 days per 12-month period shall not be required to monitor emissions from that source unless Subchapters 02D and 02Q of this Chapter specifies otherwise. However, the owner or operator shall maintain records to document that the source was operated less than 30 days per 12-month period.
(c) The owner or operator of a source exempted from needing a permit by 15A NCAC 02Q .0102 shall not be required to monitor emissions from that source unless;
(1) required by a specific rule in Subchapters 02D and 02Q of this Chapter, or
(2) required as a part of an enforcement settlement.
However, the owner or operator shall maintain records to document that the source qualifies for the permit exemption.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0605 GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS
(a) The owner or operator of a source subject to a requirement of Subchapters 02D or 02Q of this Chapter shall maintain:
(1) records detailing malfunctions pursuant to 15A NCAC 02D .0535;
(2) records of testing conducted pursuant to rules in Subchapter 02D;
(3) records of monitoring conducted pursuant to Subchapters 02D or 02Q of this Chapter;
(4) records detailing activities relating to compliance schedules in this Subchapter; and
(5) for unpermitted sources, records needed to determine compliance with rules in Subchapters 02D or 02Q of this Chapter.
(b) The permit shall specify:
(1) the type of monitoring required and the frequency of the monitoring;
(2) the type of records to be maintained; and
(3) the type of reports to be submitted and the frequency of submitting these reports needed to determine compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission standard or permit condition.
(c) The Director may require the owner or operator of the source subject to the requirements in Subchapters 02D or 02Q of this Chapter to submit to the Director information needed to determine the compliance status of the source.
(d) The owner or operator of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment, or other abnormal conditions shall report excess emissions in accordance with the requirements of 15A NCAC 02D .0535.
(e) Copies of records and reports required to demonstrate compliance with the requirements of 15A NCAC 02D .0600 shall be retained by the owner or operator for a period of two years after the date that the record was made or the report submitted, except that the retention period shall be extended if needed to comply with other State or federal requirements.
(f) Records and reports required to demonstrate compliance with the requirements of 15A NCAC 02D .0600 shall be made available to personnel of the Division for inspection.
(g) The owner or operator of a source subject to the requirements of 15A NCAC 02D .0600 shall comply with the requirements of 15A NCAC 02D .0600 at his or her own cost.
(h) No person shall falsify information required by a rule in Subchapter 02D or a permit issued pursuant to Subchapter 02Q. No person shall knowingly submit falsified information required by a rule in Subchapter 02D or a permit issued pursuant to Subchapter 02Q of this Chapter.
(i) Reports, notifications, records, or other documentation required by 15A NCAC 02D and 02Q to be provided to the Division or a regional office shall be submitted as follows:
(1) Except as specified in Subparagraph (2) of this Paragraph, submit the documents in hard copy format to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641, or regional office in accordance with 15A NCAC 02D .0103.
(2) After the Division makes available a system for receiving electronic submittals, as identified in 15A NCAC 02Q .0104(c)(1), documents may be submitted in electronic format through the electronic reporting system in lieu of the procedures in Subparagraph (1) of this Paragraph.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019;
Amended Eff. September 1, 2023.
15A NCAC 02D .0606 SOURCES COVERED BY APPENDIX P OF 40 CFR PART 51
(a) The following sources shall be monitored as described in 40 CFR Part 51, Appendix P:
(1) fossil fuel-fired steam generators;
(2) nitric acid plants;
(3) sulfuric acid plants; and
(4) petroleum refineries.
Sources covered by 15A NCAC 02D .0524 shall be exempt from this Rule.
(b) The monitoring systems required by Paragraph (a) of this Rule shall meet the minimum specifications described in Paragraphs 3.3 through 3.8 of Appendix P of 40 CFR Part 51.
(c) The excess emissions recorded by the monitoring systems required to be installed by this Rule shall be reported no later than 30 days after the end of the quarter to the Division in the manner described in Paragraphs 4 and 5.1 through 5.3.3 of Appendix P of 40 CFR Part 51 except that a six-minute time period shall be an appropriate alternative opacity averaging period as described in Paragraph 4.2 of Appendix P of 40 CFR Part 51. The owner or operator of any source subject to this Rule that is required to monitor emissions of sulfur dioxide or nitrogen oxides pursuant to any other State rule or federal regulation with continuous emission monitoring systems, shall monitor compliance with the sulfur dioxide emission standard in 15A NCAC 02D .0516, shall monitor the nitrogen oxide emission standard in 15A NCAC 02D .0519 or 15A NCAC 02D .1400 with a continuous emission monitoring system. Compliance with sulfur dioxide and nitrogen oxide emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24-hour block average, the average hourly values shall be added and the sum shall be divided by 24. With the exception of opacity monitoring, a minimum of four data points containing one data point in each of the 15-minute quadrants of the hour shall be required to determine a valid hour value unless the continuous emission monitoring system is installed to meet the provisions of 40 CFR Part 75. If a continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75, the minimum number of data points shall be determined by 40 CFR Part 75.
(d) For emissions of sulfur dioxide, fuel analysis may be used in place of a continuous emissions monitoring system if the source is not required to monitor emissions of sulfur dioxide using a continuous emissions monitoring system pursuant to another State rule or federal regulation. If fuel analysis is used as an alternative method to determine emissions of sulfur dioxide, the test methods described in 15A NCAC 02D .2600 shall be used except that gross or composite samples, gross caloric value, moisture content, and sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined by sampling the fuel as fired if the owner or operator demonstrates that sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample, and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in 15A NCAC 02D .2600. The sulfur dioxide emission rate shall also be determined using fuel analysis data. Sulfur retention credit shall be granted and used for computing sulfur dioxide emission rates if a source, on a case-by-case basis, quantitatively and empirically demonstrates the sulfur retention.
(e) If a referenced portion of Appendix P of 40 CFR Part 51 speaks of the "state" or "state plan," the requirements described in Appendix P of 40 CFR Part 51 shall apply to those sources to which the requirements pertain.
(f) The owner or operator of the source shall conduct a daily zero and span check of the continuous opacity monitoring system and continuous emission monitoring system following the manufacturer's recommendations and shall comply with the requirements 15A NCAC 02D .0613.
(g) The owner or operator of the source may request to use a different procedure or methodology than that required by this Rule if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists. The person requesting to use a different procedure or methodology shall submit the request to the Director along with a description of the different procedure or methodology proposed to be used, an explanation of why the procedure or methodology required by this Rule will not work, and a showing that the proposed procedure or methodology is equivalent to the procedure or methodology being replaced. The Director shall approve the use of this procedure or methodology if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists, the procedure or methodology required by this Rule will not work, and that the proposed procedure or methodology is equivalent to the procedure or methodology that it will replace.
(h) The owner or operator of the source shall report to the Director no later than 30 days following the end of the quarter the following information:
(1) for fuel analysis per shipment:
(A) the quantity and type of fuels burned;
(B) the BTU value;
(C) the sulfur content in percent by weight; and
(D) the calculated sulfur dioxide emission rates expressed in the same units as the applicable standard.
(2) for continuous monitoring of emissions:
(A) the daily calculated sulfur dioxide and nitrogen oxide emission rates expressed in the same units as the applicable standard for each day; and
(B) other information required by Appendix P of 40 CFR Part 51.
(i) If emission testing for compliance with the sulfur dioxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 6, 6C, or other approved methods in 15A NCAC 02D .2600.
(j) If emission testing for compliance with the nitrogen oxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 7, 7E, or other approved methods in 15A NCAC 02D .2600.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. February 1, 1976;
Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1, 1999; May 1, 1985; July 1, 1983; December 1, 1976; June 18, 1976;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0607 LARGE WOOD AND WOOD-FOSSIL FUEL COMBINATION UNITS
(a) This Rule shall apply to wood-fired steam generator units with a heat input from wood fuels, or the sum of the heat inputs from wood fuels and liquid or solid fossil fuels for generators not covered by 15A NCAC 02D .0524 or .0606, that exceeds 250 million Btu per hour and with an annual average capacity factor greater than 30 percent as demonstrated to the Director by the owner or operator of the source.
(b) The owner or operator of a wood-fired steam generator unit governed by this Rule shall install, calibrate, maintain, and operate, as specified in 40 CFR Part 60 Appendix B Performance Specification 1, opacity continuous emission monitoring systems on all stacks discharging the flue gases from one or more steam generator units governed by this Rule.
(c) The owner or operator of the source shall conduct a daily zero and span check of the opacity continuous emission monitoring system following the manufacturer's recommendations and shall comply with the requirements of 15A NCAC 02D .0613.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. July 1, 1999; July 1, 1984; June 18, 1976;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0608 OTHER LARGE COAL OR RESIDUAL OIL BURNERS
(a) The owner or operator of a fuel burning unit shall determine sulfur dioxide emissions into the ambient air if the unit:
(1) burns coal or residual oil;
(2) is not required to monitor sulfur dioxide emissions by 15A NCAC 02D .0524 or 02D .0606;
(3) has a total heat input of more than 250 million Btu per hour from coal and residual oil; and
(4) has an annual average capacity factor greater than 30 percent as determined from the three most recent calendar year reports to the Federal Power Commission or as otherwise demonstrated by the owner or operator. If the unit has not been in existence for three calendar years, its three-calendar-year average capacity factor shall be determined by estimating its annual capacity factors for enough future years to allow a three-calendar-year average capacity factor to be computed. If this three-calendar-year average capacity factor exceeds 30 percent, the unit shall be monitored. If this three-calendar-year average capacity factor does not exceed 30 percent, the unit is not required to be monitored.
(b) Once the unit is being monitored in accordance with Paragraph (a) of this Rule, it shall continue to be monitored until its most recent three-calendar-year average capacity factor does not exceed 25 percent. If the unit is not being monitored in accordance with Subparagraph (a) of this Rule, it need not be monitored until its most recent three-calendar-year average capacity factor exceeds 35 percent.
(c) If units required to be monitored have a common exhaust or if units required to be monitored have a common exhaust with units not required to be monitored, then the common exhaust may be monitored and the sulfur dioxide emissions are not required to be apportioned among the units with the common exhaust.
(d) The owner or operator of the source shall determine sulfur dioxide emissions by:
(1) an instrument for continuous monitoring and recording of sulfur dioxide emissions; or
(2) analyses of representative samples of fuels to determine Btu value and percent sulfur content.
(e) The owner or operator of a source subject to this Rule that is required to monitor emissions of sulfur dioxide pursuant to any State rule or federal regulation with continuous emission monitoring systems shall monitor compliance with the sulfur dioxide emission standard in 15A NCAC 02D .0516 with a continuous emission monitoring system. Compliance with sulfur dioxide emission standards shall be determined by averaging hourly continuous emission monitoring system values over a 24-hour block period beginning at midnight. To compute the 24-hour block average, the average hourly values are added and the sum shall be divided by 24. With the exception of opacity monitoring, a minimum of four data points, containing one data point in each of the 15-minute quadrants of the hour is required to determine a valid hour value unless the continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75. If a continuous emission monitoring system is installed that meets the requirements of 40 CFR Part 75, the minimum number of data points shall be determined by 40 CFR Part 75.
(f) For emissions of sulfur dioxide, fuel analysis may be used in place of a continuous emissions monitoring system if the source is not required to monitor emissions of sulfur dioxide using a continuous emissions monitoring system pursuant to a State rule or federal regulation. If fuel analysis is used as an alternative method to determine emissions of sulfur dioxide, then:
(1) for coal, the test methods described in 15A NCAC 02D .2600 shall be used except that gross or composite samples, gross caloric value, moisture content, and sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined by sampling the fuel as fired if the owner or operator demonstrates that sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in 15A NCAC 02D .2600. The sulfur dioxide emission rate shall also be determined using fuel analysis data. Sulfur retention credit shall be granted and used for computing sulfur dioxide emission rates if a source, on a case-by-case basis, quantitatively and empirically demonstrates the sulfur retention.
(2) for residual oil, the test methods described in 15A NCAC 02D .2600 shall be used except that sulfur content shall be determined per shipment. Alternatively, gross or composite samples, gross caloric value, moisture content, and sulfur content may be determined sampling the fuel as fired if the owner or operator demonstrates that by sampling as fired provides a more accurate estimate of sulfur dioxide emissions than sampling each shipment. If sulfur dioxide emissions are determined by sampling fuel as fired, then a fuel sample shall be taken every four hours. These four-hour samples shall be composited into a daily sample and the daily sample shall be composited into a weekly sample. This weekly sample shall be analyzed using the procedures in Section .2600 of this Subchapter. Residual oil shall be collected in accordance with ASTM D4177 or D4057.
(g) The owner or operator of the source may request to use a different procedure or methodology than that required by this Rule if one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists. The person requesting to use a different procedure or methodology shall submit the request to the Director along with a description of the different procedure or methodology proposed to be used, an explanation of why the procedure or methodology required by this Rule will not work, and a showing that the proposed procedure or methodology is equivalent to the procedure or methodology being replaced. The Director shall approve the use of this procedure or methodology if he or she finds that one of the conditions identified in 40 CFR Part 51, Appendix P, Section 3.9 exists, that the procedure or methodology required by this Rule will not work, and that the proposed procedure or methodology is equivalent to the procedure or methodology that it will replace.
(h) The owner or operator of the source shall report to the Director no later than 30 days following the end of the quarter the following information:
(1) for fuel analysis per shipment:
(A) the quantity and type of fuels burned;
(B) the Btu value;
(C) the sulfur content in percent by weight; and
(D) the calculated sulfur dioxide emission rates expressed in the same units as the applicable standard.
(2) for continuous monitoring of emissions:
(A) the daily calculated sulfur dioxide emission rates expressed in the same units as the applicable standard for each day; and
(B) other information required by Appendix P of 40 CFR Part 51.
(i) The owner or operator of the source shall conduct a daily zero and span check of the continuous emission monitoring system, following the manufacturer's recommendations, and shall comply with the requirements of 15A NCAC 02D .0613.
(j) If emission testing for compliance with the sulfur dioxide emission standard is required, the testing shall be done according to 40 CFR Part 60, Appendix A, Method 6, 6C, or other approved methods in 15A NCAC 02D .2600.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. June 18, 1976;
Amended Eff. June 1, 2008; January 1, 2005; April 1, 2003; April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984;
Readopted Eff. November 1, 2019;
Amended Eff. October 1, 2022.
15A NCAC 02D .0609 MONITORING CONDITION IN PERMIT
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68;
Eff. June 18, 1976;
Repealed Eff. January 1, 1985.
15A NCAC 02D .0610 FEDERAL MONITORING REQUIREMENTS
(a) This Rule shall apply to sources subject to monitoring, recordkeeping, or reporting requirements contained in:
(1) 40 CFR Part 60, New Source Performance Standards (NSPS);
(2) 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP);
(3) 40 CFR Part 63, Maximum Achievable Control Technology (MACT) or Generally Available Control Technology (GACT);
(4) 40 CFR Part 75, Acid Rain; or
(5) 40 CFR Part 97, Cross State Air Pollution Rule CSAPR.
(b) An air pollutant from sources governed pursuant to Paragraph (a) of this Rule for which monitoring is not required by Paragraph (a) of this Rule shall comply with the requirements set forth in 15A NCAC 02D .0611 if the pollutant from this source is subject to an emission standard.
(c) Sources that are not subject to any monitoring, recordkeeping, or reporting requirements set forth in Paragraph (a) of this Rule shall comply with the requirements in 15A NCAC 02D .0611.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. June 18, 1976;
Amended Eff. April 1, 1999; July 1, 1984;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0611 MONITORING EMISSIONS FROM OTHER SOURCES
(a) This Rule shall apply to sources of air pollutants, including toxic air pollutants, from sources that are not covered by 15A NCAC 02D .0606, .0607, .0608, or .0610(a).
(b) The owner or operator of a source shall maintain records of production rates, throughputs, material usage, and other process operational information necessary to determine compliance with the facility's permit and all applicable requirements. The Director shall specify in the facility's permit, pursuant to 15A NCAC 02D .0605, the types of records that the owner or operator shall maintain.
(c) If the records maintained under Paragraph (b) of this Rule are inadequate to determine compliance with the facility's permit and all applicable requirements, the Director may require the owner or operator to use monitoring instruments, and if monitoring instruments are necessary to demonstrate compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission standard or permit condition, the owner or operator of a source shall:
(1) install, calibrate, operate, and maintain, in accordance with applicable performance specifications in 40 CFR Part 60 Appendix B, process and control equipment monitoring instruments or procedures necessary to demonstrate compliance with the emission standards in Subchapters 02D and 02Q of this Chapter;
(2) comply with the requirements of 15A NCAC 02D .0613; and
(3) maintain, in writing, data and reports of any monitoring instruments or procedures necessary to comply with Subparagraph (1) of this Paragraph that will document the compliance status of the sources or control equipment.
(d) If monitoring instruments are necessary to demonstrate good operation and maintenance, the owner or operator of a source shall:
(1) install, calibrate, operate, and maintain, in accordance with applicable performance specifications in 40 CFR Part 60 Appendix B, process and control equipment monitoring instruments or procedures necessary to demonstrate good operation and maintenance;
(2) comply with the requirements of 15A NCAC 02D .0613 unless otherwise specified in any other applicable State rule or federal regulation, including 40 CFR Part 75 and 40 CFR 60.13. The Director shall determine that compliance with the quality assurance provisions of 40 CFR Part 51, Appendix P, is adequate if the data demonstrates that good operation and maintenance is being achieved; and
(3) maintain, in writing, data and reports of any monitoring instruments or procedures necessary to comply with Subparagraph (1) of this Paragraph that will document that good operation and maintenance is being achieved.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0612 ALTERNATIVE MONITORING AND REPORTING PROCEDURES
(a) Except as set forth in Paragraph (b) of this Rule, the owner or operator of a source may petition the Director to allow monitoring or data reporting procedures varying from those prescribed by Subchapters 02D or 02Q of this Chapter.
(b) This Rule shall not apply to monitoring or reporting requirements of 40 CFR Part 60, 61, 62, 63, 75, or 97.
(c) To petition to use alternative monitoring or data reporting procedures in place of those procedures in Rules 15A NCAC 02D .0606, .0607, or .0608 or Sections 15A NCAC 02D .0900, .1200, or .1400, the owner or operator of the source shall submit a written petition to the Director containing the following:
(1) the name and address of the company and the name and telephone number of a responsible official, as defined by 15A NCAC 02Q .0303:
(2) a description of the sources at the facility to which the petition applies;
(3) identification of the rule or rules for which the alternative is sought;
(4) the basis or reason that alternative monitoring and reporting procedure is more desirable than those prescribed by the rule;
(5) a proposal of alternative monitoring and reporting procedure;
(6) a demonstration that the alternative procedure is at least as accurate as that prescribed by the rule;
(7) a showing that one or more of the following conditions exist:
(A) a continuous monitoring system or other device prescribed by the rule would not provide accurate determinations of emissions;
(B) the emissions from two or more sources of different design and operating characteristics are combined before release to the atmosphere or the emissions are released to the atmosphere, through more than one point;
(C) the requirements prescribed by the rule would impose an extreme economic burden on the source owner or operator. The determination of an extreme economic burden shall be made on the basis of whether meeting the requirements prescribed by the rule would produce serious hardship without equal or greater benefit to the public;
(D) the monitoring systems prescribed by the rule cannot be installed because of physical limitations at the facility. The determination of such limitations shall be made on the basis of whether meeting the requirements prescribed by this Rule would necessitate reconstruction of the facility; or
(E) the alternative monitoring or reporting procedure is more accurate and precise than that prescribed by the rule;
(8) any other information that the petitioner believes would be helpful to the Director in evaluating the application.
(d) The Director may require the petitioner to submit other information that is necessary to evaluate the proposed monitoring or reporting procedures.
(e) The Director may approve the petition for alternative monitoring and reporting procedures if:
(1) the petition is submitted in accordance with this Rule and contains all the information required by Paragraph (c) of this Rule;
(2) the petition satisfies the showing required by Subparagraph (c)(7) of this Rule;
(3) the proposed alternative monitoring or data reporting procedures provide information of sufficient quality to determine the amount of emissions or the adequacy of the emission control device or practice, such that the compliance status of the source can be determined by reviewing this information; and
(4) the facility is in compliance with, or under a schedule for compliance with, all applicable air quality rules.
(f) If monitoring or reporting requirements that differ from those specified in the appropriate rule in Subchapters 02D or 02Q of this Chapter are approved by the Director, the permit shall contain a condition stating such monitoring or reporting requirements.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0613 QUALITY ASSURANCE PROGRAM
(a) Any owner or operator of a facility required to operate a monitoring device by this Subchapters 02D or 02Q of this Chapter shall develop and implement a quality assurance program for the monitoring device.
(b) The Director shall require the owner or operator of a facility required to operate a monitoring device by Subchapters 02D or 02Q of this Chapter to submit a description of the quality assurance program if:
(1) the maximum actual emission rate is more than 75 percent of the applicable emission standard;
(2) the facility has violated an emission standard or a permit condition; or
(3) the facility has failed to obtain quality assured data.
A description of the quality assurance program shall be submitted to the Director within 60 days upon receipt of request.
(c) Except for gaseous continuous emission monitoring systems, the quality assurance program required by Paragraph (a) or (b) of this Rule shall include, if applicable:
(1) procedures and frequencies for calibration;
(2) standards traceability;
(3) operational checks;
(4) maintenance;
(5) auditing;
(6) data validation; and
(7) a schedule for implementing the quality assurance program.
Continuous opacity monitoring systems may satisfy the requirements of Paragraph (a) of this Rule by complying with 40 CFR Part 51, Appendix M, Method 203, as proposed in 57 FR 46114, or 40 CFR Part 60, Appendix F, Procedure 3. Except for opacity monitors and gaseous continuous emission monitoring systems, a manufacturer's recommended quality assurance procedure may be used as a quality assurance program if it includes the applicable requirements in Subparagraphs (c)(1) through (c)(7) of this Paragraph.
(d) Owners or operators that operate continuous emission monitoring systems for a gaseous pollutant may satisfy the requirements of Paragraphs (a) or (b) of this Rule by developing and implementing a written quality assurance program containing information required by 40 CFR Part 60, Appendix F, Section 3, Quality Assurance Procedures.
(e) The owner or operator of a facility shall certify all opacity and gaseous continuous emission monitoring systems following applicable performance specifications in 40 CFR Part 60, Appendix B, within 60 days of monitor installation unless otherwise specified in permit or any other applicable rules. The owner or operator of a facility required to install an opacity or gaseous continuous emission monitoring systems shall notify the Director at least 60 days before installation unless otherwise specified in permit or in 40 CFR Part 60, 61, 63, or 75. The notification shall include plans or schematic diagrams of the proposed monitor location.
(f) Quality assurance programs for ambient monitors shall comply with the requirements in 40 CFR Part 58.
(g) A description of the quality assurance program shall be available on-site for inspection within 30 days of monitor certification.
(h) The Director shall approve the quality assurance program within 30 days of submittal if he or she finds that the quality assurance program will assure that the precision and accuracy of the data for the pollutants being measured are within the design limits of the instruments being used. If the Director finds that the proposed quality assurance program does not meet the requirements of this Paragraph, he or she shall notify the owner or operator of the facility of any deficiencies in the proposed quality assurance program. The owner or operator shall have 30 days after receiving written notification from the Director to correct the deficiencies.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4);
Eff. April 1, 1999;
Readopted Eff. November 1, 2019.
15A NCAC 02D .0614 COMPLIANCE ASSURANCE MONITORING
(a) General Applicability. Except as set forth in Paragraph (b) of this Rule, the requirements of this Rule shall apply to a pollutant-specific emissions unit, as defined in 40 CFR 64.1, at a facility required to obtain a permit pursuant to 15A NCAC 02Q .0500 if the unit:
(1) 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 pursuant to Subparagraph (b)(1) of this Rule;
(2) uses a control device to achieve compliance with any such emission limitation or standard; and
(3) has potential pre-control device emissions of the applicable regulated air pollutant that are equal to or greater than 100 percent of the amount, in tons per year, required for a source to be classified as a major source. For purposes of this Rule, "potential pre-control device emissions" means the same as "potential to emit" as defined in 40 CFR 64.1, except that emission reductions achieved by the applicable control device shall not be taken into account.
(b) The following exemptions to this Rule shall apply.
(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 pursuant to 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 apply solely under an emissions trading program approved under the rules of Subchapters 02D and 02Q of this Chapter and that are incorporated in a permit issued pursuant to 15A NCAC 02Q .0500;
(E) an emissions cap that is approved pursuant to the rules of Subchapters 02D and 02Q of this Chapter and incorporated in a permit issued pursuant to 15A NCAC 02Q .0500; or
(F) emission limitations or standards for which a permit issued pursuant to 15A NCAC 02Q .0500 specifies a continuous compliance determination method, as defined in 40 CFR 64.1. This exemption shall not apply if the applicable compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device. Note: for example, a surface coating line controlled by an incinerator for which continuous compliance is determined by calculating emissions on the basis of coating records and an assumed control device efficiency factor based on an initial performance test. In this example, 15A NCAC 02D .0614 would apply to the control device and capture system, but not to the remaining elements of the coating line, such as raw material usage.
(2) Exemption for backup utility power emissions units. The requirements of this Rule shall not apply to a utility unit, as defined in 40 CFR 72.2, that is municipally-owned if the owner or operator provides documentation in a permit application submitted pursuant to 15A NCAC 02Q .0500 that:
(A) the utility unit is exempt from all monitoring requirements in 40 CFR Part 75, including the appendices thereto;
(B) the utility unit is operated for the sole purpose of providing electricity during periods of peak electrical demand or emergency situations and will be operated consistent with that purpose throughout the permit term. The owner or operator shall provide historical operating data and relevant contractual obligations to document that this criterion is satisfied; and2
(C) the actual emissions from the utility unit, based on the average annual emissions over the last three calendar years of operation, or such shorter time period that is available for units with fewer than three years of operation, are less than 50 tons per year and are expected to remain so.
(c) For the purposes of this Rule, the definitions in 40 CFR 64.1 shall apply with the following exceptions:
(1) "Applicable requirement" and "regulated air pollutant" shall have the same definition as in 15A NCAC 02Q .0103.
(2) "Part 70 or 71 permit application" means an application, or any supplement to a previously submitted application, submitted by the owner or operator to obtain a permit under 15A NCAC 02Q .0500.
(3) "Part 70 or 71 permit" means a permit issued under 15A NCAC 02Q .0500.
(4) "Permitting authority" means the Division of Air Quality.
(d) The owner or operator subject to the requirements of this rule shall comply with these requirements:
(1) 40 CFR 64.3, Monitoring Design Criteria;
(2) 40 CFR 64.4, Submittal Requirements;
(3) 40 CFR 64.5, Deadlines for Submittals;
(4) 40 CFR 64.7, Operation of Approved Monitoring; and
(5) 40 CFR 64.9, Reporting and Recordkeeping Requirements.
(e) The Division shall follow the procedures and requirements in 40 CFR Part 64.6, Approval of Monitoring, in reviewing and approving or disapproving monitoring plans and programs submitted under this Rule.
(f) Based on the result of a determination made pursuant to 40 CFR 64.7(d)(2), the Director may require the owner or operator to develop and implement a quality improvement plan. If a quality improvement plan is required, the quality improvement plan shall be developed and implemented according to the procedures and requirements of 40 CFR 64.8, Quality Improvement Plan (QIP) Requirements.
History Note: Authority G.S. 143-215.3(a)(3); 143-215.65; 143-215.66; 143-215.107(a)(4); 143-215.107(a)(10);
Eff. April 1, 1999;
Amended Eff. January 1, 2009;
Readopted Eff. November 1, 2019;
Amended Eff. November 1, 2023.
15A NCAC 02D .0615 DELEGATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. April 1, 1999;
Repealed Eff. November 1, 2020.
SECTION .0700 - POST ATTAINMENT POLICY
15A NCAC 02D .0701 APPLICABILITY
15A NCAC 02D .0702 DEFINITIONS
15A NCAC 02D .0703 SOURCE CATEGORIES
15A NCAC 02D .0704 ENFORCEMENT PROCEDURES
15A NCAC 02D .0705 DOCUMENTATION FOR SPECIAL ORDERS
15A NCAC 02D .0706 PUBLIC PARTICIPATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.110;
Eff. February 1, 1976;
Amended Eff. December 1, 1976;
Readopted Eff. March 15, 1978;
Repealed Eff. June 1, 1981.
15A NCAC 02D .0707 EXTENSIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.110;
Eff. December 1, 1976;
Repealed Eff. June 1, 1981.
SECTION .0800 - COMPLEX SOURCES
15A NCAC 02D .0801 PURPOSE AND SCOPE
15A NCAC 02D .0802 DEFINITIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.109;
Eff. February 1, 1976;
Amended Eff. July 1, 1984; December 1, 1976;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. February 1, 2005; July 1, 1994;
Repealed Eff. January 1, 2015.
15A NCAC 02D .0803 HIGHWAY PROJECTS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.109;
Eff. February 1, 1976;
Amended Eff. July 1, 1984;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1994;
Repealed Eff. February 1, 2005.
15A NCAC 02D .0804 AIRPORT FACILITIES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.109;
Eff. February 1, 1976;
Amended Eff. July 1, 1984;
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1996; July 1, 1994;
Repealed Eff. January 1, 2015.
15A NCAC 02D .0805 PARKING FACILITIES
15A NCAC 02D .0806 AMBIENT MONITORING AND MODELING ANALYSIS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.109;
Temporary Rule 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. July 1, 1996;
Repealed Eff. January 1, 2015.
SECTION .0900 - VOLATILE ORGANIC COMPOUNDS
15A NCAC 02D .0901 DEFINITIONS
For the purpose of this Section, the following definitions shall apply:
(1) "Coating" means a functional, protective, or decorative film applied in a thin layer to a surface.
(2) "Coating applicator" means an apparatus used to apply a surface coating.
(3) "Coating line" means one or more apparatus or operations in a single line at which point a surface coating is applied, dried, or cured and that include a coating applicator and flashoff area and may include an oven or associated control devices.
(4) "Continuous vapor control system" means a vapor control system that treats vapors displaced from tanks during filling on a demand basis without intermediate accumulation.
(5) "Delivered to the applicator" means the condition of coating after dilution by the user just before application to the substrate.
(6) "Flashoff area" means the space between the application area and the oven.
(7) "High solids coating" means a coating that contains a higher percentage of solids and a lower percentage of volatile organic compounds and water than conventional organic solvent borne coatings.
(8) "Hydrocarbon" means any organic compound of carbon and hydrogen only.
(9) "Incinerator" means a combustion apparatus designed for high temperature operation in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned efficiently and from which the solid and gaseous residues contain little or no combustible material.
(10) "Intermittent vapor control system" means a vapor control system that employs an intermediate vapor holder to accumulate vapors displaced from tanks during filling. The control device shall treat the accumulated vapors only during automatically controlled cycles.
(11) "Loading rack" means an aggregation or combination of loading equipment arranged so that all loading outlets in the equipment can be connected to a cargo tank parked in a specified loading space.
(12) "Low solvent coating" means a coating that contains a substantially lower amount of volatile organic compounds than conventional organic solvent borne coatings; it typically falls into one of three major groups of high solids, waterborne, or powder coatings.
(13) "Organic material" means a chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
(14) "Oven" means a chamber used to bake, cure, polymerize, or dry a surface coating using heat.
(15) "Potential emissions" means the quantity of a pollutant that would be emitted at the maximum capacity of a stationary source to emit the pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is described or contained as a condition in the federally enforceable permit. Secondary emissions do not count in determining potential emissions of a stationary source. Fugitive emissions count, to the extent quantifiable, in determining the potential emissions only in these cases:
(a) petroleum refineries;
(b) chemical process plants; and
(c) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(16) "Prime coat" means the first film of coating applied to a surface to protect it or to prepare it to receive subsequent coatings.
(17) "Reasonably available control technology" also denoted as "RACT," means the lowest emission limit a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar source categories.
(18) "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, except liquefied petroleum gases as determined by American Society for Testing and Materials test method D323-15A.
(19) "Shutdown" means the cessation of operation of a source or a part thereof or emission control equipment.
(20) "Solvent" means organic materials that are liquid at standard conditions and used as dissolvers, viscosity reducers, or cleaning agents.
(21) "Standard conditions" means a temperature of 68 degrees Fahrenheit and pressure of 29.92 inches of mercury.
(22) "Stage I" means vapor control systems that minimize, collect, and transfer vapors in a gasoline storage tank that have been displaced by the incoming gasoline. The vapors are routed through pipes and hoses back into the cargo tank to be transported to where the tank is loaded and the vapors are recovered or destroyed. Vent lines on storage tanks with vapor control systems shall use pressure release valves or flow restrictors to minimize releases to the atmosphere.
(23) "Startup" means the setting in operation of a source or emission control equipment.
(24) "Substrate" means the surface to which a coating is applied.
(25) "Topcoat" means the final films of coating applied in a multiple or single coat operation.
(26) "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks. This American Petroleum Institute document is incorporated by reference and shall include any subsequent amendments or editions. This document may be obtained at at a cost of two hundred ten dollars ($210.00).
(27) "Vapor collection system" means a vapor transport system that uses direct displacement by the liquid loaded into the tank to force vapors from the tank into a vapor control system.
(28) "Vapor control system" means a system that prevents release to the atmosphere of 90 percent or more by weight of organic compounds in the vapors displaced from a tank during the transfer of gasoline.
(29) "Volatile organic compound" also denoted as "VOC," means any compound of carbon whose volatile content can be determined by the procedure described in 15A NCAC 02D .2600, excluding any compound that is listed under 40 CFR 51.100(s) as having been determined to have negligible photochemical reactivity.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 2009; June 1, 2008; July 1, 1996; December 1, 1993; July 1, 1991; March 1, 1991; December 1, 1989;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0902 APPLICABILITY
(a) The rules in this Section shall not apply except as specifically set out in this Rule.
(b) This Section applies to sources that emit greater than or equal to 15 pounds of volatile organic compounds per day unless specified otherwise in this Section.
(c) Rules 15A NCAC 02D .0925, .0926, .0927, .0928, .0931, .0932, .0933, and .0958 apply regardless of the level of emissions of volatile organic compounds unless the provisions specified in Paragraph (d) of this Rule are applied.
(d) This Section does not apply to:
(1) sources that emit less than 800 pounds of volatile organic compounds per calendar month and that are:
(A) bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments;
(B) bench-scale experimentation, chemical or physical analyses, training or instruction from not-for-profit, non-production educational laboratories;
(C) bench-scale experimentation, chemical or physical analyses, training or instruction from hospitals or health laboratories pursuant to the determination or diagnoses of illness; or
(D) research and development laboratory activities, provided the activity produces no commercial product or feedstock material; or
(2) emissions of volatile organic compounds during startup or shutdown operations from sources that use incineration or other types of combustion to control emissions of volatile organic compounds whenever the off-gas contains an explosive mixture during the startup or shutdown operation if the exemption is approved by the Director as meeting the requirements of this Subparagraph.
(e) The following rules of this Section apply to facilities located statewide:
(1) 15A NCAC 02D .0925, Petroleum Liquid Storage in Fixed Roof Tanks, for fixed roof tanks at gasoline bulk plants and gasoline bulk terminals;
(2) 15A NCAC 02D .0926, Bulk Gasoline Plants;
(3) 15A NCAC 02D .0927, Bulk Gasoline Terminals;
(4) 15A NCAC 02D .0928, Gasoline Service Stations Stage I;
(5) 15A NCAC 02D .0932, Gasoline Cargo Tanks and Vapor Collection Systems;
(6) 15A NCAC 02D .0933, Petroleum Liquid Storage in External Floating Roof Tanks, for external floating roof tanks at bulk gasoline plants and bulk gasoline terminals;
(7) 15A NCAC 02D .0948, VOC Emissions from Transfer Operations; and
(8) 15A NCAC 02D .0949, Storage of Miscellaneous Volatile Organic Compounds.
(f) Except as provided in Paragraphs (c) and (e) of this Rule, the rules in this Section apply to facilities subject to Section 182(b)(2) of the Clean Air Act with potential to emit 100 or more tons per year of VOC and to facilities with potential to emit less than 100 tons per year of volatile organic compounds in categories for which the United States Environmental Protection Agency has issued Control Technique Guidelines that are located in the following moderate nonattainment areas for the 1997 8-hour ambient air quality standard for ozone as designated in 40 CFR 81.334 prior to January 2, 2014:
(1) Cabarrus County;
(2) Gaston County;
(3) Lincoln County;
(4) Mecklenburg County;
(5) Rowan County;
(6) Union County; and
(7) Davidson Township and Coddle Creek Township in Iredell County.
These facilities are subject to reasonably available control technology requirements under this Section and shall comply with the requirements in 15A NCAC 02D .0909 through .0951 and with 15A NCAC 02D .0958.
(g) If any county or part of a county to which this Section applies is later designated in 40 CFR 81.334 as attainment and becomes a maintenance area for the 1997 8-hour ambient air quality standard for ozone, all sources in that county or part of county subject to Paragraph (f) of this Rule that achieved compliance in accordance with 15A NCAC 02D .0909 shall continue to comply with this Section. Facilities with potential to emit less than 100 tons of volatile organic compounds per year, where the compliance date in 15A NCAC 02D .0909 has not passed before redesignation of the area to attainment for the 1997 ozone standard, shall comply in accordance with Paragraph (h) of this Rule.
(h) If a violation of the 1997 ambient air quality standard for ozone occurs when the areas listed in Paragraph (f) of this Rule become ozone maintenance area, no later than 10 days after the violation occurs, the Director shall initiate technical analyses to determine the control measures needed to attain and maintain the 1997 8-hour 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 1997 8-hour ambient air quality standard for ozone. The Director shall implement the rules in this Section identified as being necessary by the analyses 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 the areas listed in Paragraph (f) of this Rule. 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 counties in which the rules of this Section are being implemented notifying them that they are or may be subject to the requirements defined in 15A NCAC 02D .0909.
For the purpose of notifying permitted facilities in Mecklenburg County, "Director" means the Director of the Mecklenburg County local air pollution control program.
(i) Sources whose emissions of volatile organic compounds are not subject to limitation under this Section may still be subject to emission limits on volatile organic compounds in 15A NCAC 02D .0524, .1110, and .1111.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(7)
Eff. July 1, 1979;
Amended Eff. November 1, 2016; May 1, 2013; September 1, 2010; January 1, 2009; July 1, 2007; March 1, 2007; August 1, 2004; July 1, 2000; April 1, 1997; July 1, 1996; July 1, 1995; May 1, 1995; July 1, 1994;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0903 RECORDKEEPING: REPORTING: MONITORING
(a) The owner or operator of any volatile organic compound emission source or control equipment shall:
(1) install, operate, and maintain process and control equipment monitoring instruments or procedures as necessary to comply with the requirements of this Section; and
(2) maintain written data and reports relating to monitoring instruments or procedures that document the compliance status of the volatile organic compound emission source or control equipment. Such data and reports shall be maintained daily unless otherwise specified in this Section.
(b) The owner or operator of any volatile organic compound emission source or control equipment subject to the requirements of this Section shall comply with the monitoring, recordkeeping, and reporting requirements in 15A NCAC 02D .0600.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. May 1, 2013; April 1, 1999; July 1, 1993; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0904 MALFUNCTIONS: BREAKDOWNS: UPSETS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5);
Eff. July 1, 1979;
Repealed Eff. March 1, 1983.
15A NCAC 02D .0905 PETITION FOR ALTERNATIVE CONTROLS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 1985; July 1, 1980;
Repealed Eff. July 1, 1988.
15A NCAC 02D .0906 CIRCUMVENTION
(a) An owner or operator subject to this Section shall not build, erect, install, or use any article, machine, equipment, process, or method that conceals an emission that would otherwise constitute a violation of an applicable rule in this Section.
(b) Paragraph (a) of this Rule includes the use of gaseous dilutants to achieve compliance and the piecemeal carrying out of an operation to avoid coverage by a rule that applies only to operations larger than a specified size.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0907 COMPLIANCE SCHEDULES FOR SOURCES IN NONATTAINMENT AREAS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. May 1, 1995; July 1, 1994; January 1, 1985; July 1, 1980;
Repealed Eff. April 1, 1997.
15A NCAC 02D .0908 EQUIPMENT MODIFICATION COMPLIANCE SCHEDULES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 1985; July 1, 1980;
Repealed Eff. July 1, 1988.
15A NCAC 02D .0909 COMPLIANCE SCHEDULES FOR SOURCES IN OZONE NONATTAINMENT AND MAINTENANCE AREAS
(a) Applicability. This Rule applies to sources located at any facility covered by Paragraphs (f) and (h) of 15A NCAC 02D .0902.
(b) Exceptions. This Rule does not apply to facilities subject to 15A NCAC 02D .0902(e). Facilities subject to 15A NCAC 02D .0902(e) shall comply with the provisions of those Rules rather than the schedule in Paragraphs (c) and (d) of this Rule.
(c) Maintenance area contingency plan. The owner or operator of any source subject to this Rule shall adhere to the following increments of progress and schedules:
(1) If compliance with applicable rules in this Section is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment:
(A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone;
(B) The compliance schedule shall contain the following increments of progress:
(i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts;
(ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and
(iii) a date by which on-site construction or installation of the emission control and process equipment shall be completed; and
(C) Final compliance with applicable rules in this Section shall be achieved within three years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone.
(2) If compliance with applicable rules in this Section is to be achieved by using low solvent coating technology:
(A) The owner or operator shall submit a permit application and a compliance schedule within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone;
(B) The compliance schedule shall contain the following increments of progress:
(i) a date by which purchase orders shall be issued for low solvent coatings and process modifications;
(ii) a date by which process modifications shall be initiated; and
(iii) a date by which process modifications shall be completed and use of low solvent coatings shall begin; and
(C) Final compliance with applicable rules in this Section shall be achieved within two years after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone.
(3) The owner or operator shall certify to the Director within five days after each increment deadline of progress defined in this Paragraph, whether the required increment of progress has been met.
(d) Moderate nonattainment areas. The owner or operator of any source subject to this Rule shall adhere to the following increments of progress and schedules:
(1) If compliance with applicable rules in this Section is to be achieved by installing emission control equipment, replacing process equipment, or modifying existing process equipment:
(A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007;
(B) The compliance schedule shall contain the following increments of progress:
(i) a date by which contracts for the emission control system and process equipment shall be awarded or orders shall be issued for purchase of component parts;
(ii) a date by which on-site construction or installation of the emission control and process equipment shall begin; and
(iii) a date by which on-site construction or installation of the emission control and process equipment shall be completed; and
(C) For facilities with potential to emit 100 tons or more of volatile organic compounds per year, final compliance with applicable rules in this Section shall be achieved no later than April 1, 2009.
(D) For facilities with potential to emit less than 100 tons of volatile organic compounds per year, final compliance with applicable rules in this Section shall be achieved no later than May 1, 2016.
(2) If compliance with applicable rules in this Section is to be achieved by using low solvent coating technology:
(A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007;
(B) The compliance schedule shall contain the following increments of progress:
(i) a date by which purchase orders shall be issued for low solvent coatings and process modifications;
(ii) a date by which process modifications shall be initiated; and
(iii) a date by which process modifications shall be completed and use of low solvent coatings shall begin; and
(C) Final compliance with applicable rules in this Section shall be achieved no later than April 1, 2009;
(D) For facilities with potential to emit less than 100 tons of volatile organic compounds per year, final compliance with applicable rules in this Section shall be achieved no later than May 1, 2015.
(3) The owner or operator shall certify to the Director within five days after the deadline, for each increment of progress defined in this Paragraph, whether the required increment of progress has been met.
(e) If the Director requires a test in accordance with 15A NCAC 02D .2600 to demonstrate that compliance has been achieved, the owner or operator of sources subject to this Rule shall conduct a test and submit a final test report within six months after the stated date of final compliance.
(f) Sources already in compliance.
(1) Maintenance area contingency plan. Paragraph (c) of this Rule shall not apply to any source subject to this Rule that is in compliance with applicable rules of this Section when the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone and that have determined and certified compliance by the Director within six months after the Director notices the implementation of rules in the North Carolina Register that resolves a violation of the ambient air quality standard for ozone.
(2) Moderate nonattainment areas. Paragraph (d) of this Rule does not apply to sources subject to this Rule if they are in compliance with applicable rules of this Section on March 1, 2007.
(g) New sources.
(1) Maintenance area contingency plan. The owner or operator of any source subject to this Rule not in existence or under construction before the date that the Director notices in the North Carolina Register pursuant to 15A NCAC 02D .0902(h) the implementation of rules that resolves a violation of the ambient air quality standard for ozone shall comply with all applicable rules in this Section upon start-up of the source.
(2) Moderate nonattainment areas. The owner or operator of any new source subject to this Rule not in existence or under construction before March 1, 2007 in an area identified in 15A NCAC 02D .0902(f) shall comply with all applicable rules in this Section upon start-up of the source.
History Note Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. May 1, 2013; September 1, 2010; January 1, 2009; July 1, 2007; March 1, 2007; July 1, 2000; April 1, 1997; July 1, 1995; July 1, 1994; July 1, 1988; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0910 ALTERNATIVE COMPLIANCE SCHEDULES
15A NCAC 02D .0911 EXCEPTION FROM COMPLIANCE SCHEDULES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. May 1, 1995; July 1, 1994; January 1, 1985; July 1, 1980;
Repealed Eff. April 1, 1997.
15A NCAC 02D .0912 GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES
(a) The owner or operator of any volatile organic compound source required to comply with rules in this Section shall demonstrate compliance by the methods described in 15A NCAC 02D .2600, if the test method is not stated in the Rule governing that source. The owner or operator of a volatile organic compound source shall demonstrate compliance when the Director requests such demonstration.
(b) If the volatile organic compound emissions test shows noncompliance, the owner or operator of the volatile organic source shall submit, along with the final test report, the proposed corrective action.
(c) Compliance shall be determined on a line-by-line basis using the more stringent of the following two:
(1) Compliance shall be determined on a daily basis for each coating line using a weighted average by dividing the sum of the mass in pounds of volatile organic compounds in coatings consumed on that coating line, as received, and the mass in pounds of volatile organic compound solvents added to the coatings on that coating line by the volume in gallons of coating solids consumed during that day on that coating line; or
(2) Compliance shall be determined as follows:
(A) When low solvent or high solids coatings are used to reduce emissions of volatile organic compounds, compliance shall be determined instantaneously.
(B) When add on control devices, such as solvent recovery systems or incinerators, are used to reduce emissions of volatile organic compounds, compliance shall be determined by averaging emissions over a one-hour period.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. June 1, 2008; April 1, 2003; July 1, 1993; July 1, 1991; March 1, 1991; December 1, 1989; January 1, 1985; July 1, 1980;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0913 DETERMINATION OF VOLATILE CONTENT OF SURFACE COATINGS
15A NCAC 02D .0914 DETERMINATION OF VOC EMISSION CONTROL SYSTEM EFFICIENCY
15A NCAC 02D .0915 DETERMINATION OF SOLVENT METAL CLEANING VOC EMISSIONS
15A NCAC 02D .0916 DETERMINATION: VOC EMISSIONS FROM BULK GASOLINE TERMINALS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5); 150B-14(c);
Eff. July 1, 1979;
Amended Eff. July 1, 1998; March 1, 1991; December 1, 1989; July 1, 1988; April 1, 1986; January 1, 1985;
Repealed Eff. June 1, 2008.
15A NCAC 02D .0917 AUTOMOBILE AND LIGHT DUTY TRUCK MANUFACTURING
History Note: Authority G.S. 143-215.3(a)(1); 143 215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; April 1, 1986; January 1, 1985;
Repealed Eff. September 1, 2010.
15A NCAC 02D .0918 CAN COATING
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "End sealing compound" means a synthetic rubber compound that is coated onto can ends and functions as a gasket when the end is assembled on the can.
(2) "Exterior base coating" means a coating applied to the exterior of a can to provide exterior protection to the metal and to provide background for the lithographic or printing operation.
(3) "Interior base coating" means a coating applied by roller coater or spray to the interior of a can to provide a protective lining between the can metal and product.
(4) "Interior body spray" means a coating sprayed on the interior of the can body to provide a protective film between the product and the can.
(5) "Overvarnish" means a coating applied directly over ink to reduce the coefficient of friction, to provide gloss, and to protect the finish against abrasion and corrosion.
(6) "Three-piece can side-seam spray" means a coating sprayed on the exterior and interior of a welded, cemented, or soldered seam to protect the exposed metal.
(7) "Two-piece can exterior end coating" means a coating applied by roller coating or spraying to the exterior end of a can to provide protection to the metal.
(b) This Rule applies to volatile organic compound emissions from coating applicators and ovens of sheet, can, or end coating lines involved in sheet exterior and interior basecoat and overvarnish; two-piece can interior body spray; two-piece spray or roll coat can exterior; and three-piece can side-seam spray and end sealing compound operations.
(c) Unless the exception in Paragraph (d) of this Rule applies, emissions of volatile organic compounds from any can coating line subject to this Rule shall not exceed:
(1) 4.5 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from sheet exterior and interior basecoat and overvarnish or two-piece can exterior basecoat and overvarnish operations;
(2) 9.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from two and three-piece can interior body spray and two-piece spray or roll coat can exterior end operations;
(3) 21.8 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from a three-piece can side seam spray operation; or
(4) 7.4 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from end sealing compound operations.
(d) Any source that has controlled emissions pursuant to 15A NCAC 02D .0518(e) prior to July 1, 2000 and that has installed air pollution control equipment in accordance with an air quality permit pursuant to 15A NCAC 02Q .0300 or .0500 in order to comply with this Rule before December 1, 1989 may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any can coating line subject to this Paragraph shall not exceed:
(1) 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from sheet exterior and interior basecoat and overvarnish or two-piece can exterior basecoat and overvarnish operations;
(2) 4.2 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from two and three-piece can interior body spray and two-piece can spray or roll coat exterior end operations;
(3) 5.5 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from a three-piece can side-seam spray operation; or
(4) 3.7 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from end sealing compound operations.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0919 COIL COATING
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Coil coating" means the coating of any flat metal sheet or strip that comes in rolls or coils.
(2) "Quench area" means a chamber where the hot metal exiting the oven is cooled by either a spray of water or a blast of air followed by water cooling.
(b) This Rule applies to volatile organic compound emissions from the coating applicators, ovens, and quench areas of coil coating lines involved in prime and top coat or single coat operations.
(c) Unless the exception in Paragraph (d) of this Rule applies, emissions of volatile organic compounds from any coil coating line subject to this Rule shall not exceed 4.0 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from prime and topcoat or single coat operations.
(d) Any source that has controlled emissions of volatile organic compounds pursuant to .0518(e) prior to July 1, 2000 and that has installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989 may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any coil coating line subject to this Rule shall not exceed 2.6 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from prime and topcoat or single coat operations.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0920 PAPER COATINGS
15A NCAC 02D .0921 FABRIC AND VINYL COATING
History Note: Authority G.S. 143 215.3(a)(1); 143 215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Repealed Eff. September 1, 2010.
15A NCAC 02D .0922 METAL FURNITURE COATINGS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Application area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques.
(2) "Coating unit" means one or more coating areas and any associated drying area or oven wherein a coating is applied, dried, or cured.
(3) "Metal furniture coatings" means paints, sealants, caulks, inks, adhesives, and maskants.
(b) This Rule applies to each metal furniture surface coating unit source whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b).
(c) Unless the exception in Paragraph (f) of this Rule applies, emissions of all volatile organic compounds from metal furniture coating unit subject to this Rule shall not exceed:
(1) 2.3 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds or 3.3 pounds of volatile organic compounds per gallon of solids delivered from general, one component or general, multi-component types of coating operations; and
(2) 3.0 pounds of volatile organic compounds per gallon of coating excluding water and exempt compounds or 5.1 pounds of volatile organic compounds per gallon of solids delivered from any other types of coating operations.
(d) EPA Method 24 of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at metal furniture surface coating units unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch-up and repair coatings, coating application utilizing hand-held aerosol cans, or cleaning operations.
(f) Any coating unit that has chosen to use add-on control for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule.
(g) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. September 1, 2010; July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0923 SURFACE COATING OF LARGE APPLIANCE PARTS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Application area" means the area where the coating is applied by spraying, dipping, or flowcoating techniques.
(2) "Coating" means paints, sealants, caulks, inks, adhesives, and maskants.
(3) "Coating unit" means a unit that consists of a series of one or more coating applicators and any associated drying area or oven where a coating is dried or cured.
(4) "Large appliance part" means any organic surface-coated metal lid, door, casing, panel, or other interior or exterior metal part or accessory that is assembled to form a large appliance product.
(5) "Large appliance product" means any organic surface-coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured for household, commercial, or recreational use.
(b) This Rule applies to each large appliance coating unit source whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902.
(c) Emissions of all volatile organic compounds from any large appliance coating unit subject to this Rule shall not exceed:
(1) 2.3 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds or 3.3 pounds of volatile organic compounds per gallon of solids delivered from general, one component coating or general, multi-component types of coating operations; and
(2) 2.8 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds or 4.5 pounds of volatile organic compounds per gallon of solids delivered from any other types of coating operations.
(d) EPA Method 24 of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at surface coating of large appliances parts facilities unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(e) Emissions limits established in Subparagraph (c)(2) of this Rule do not apply to stencil coatings, safety-indicating coatings, solid film lubricants, electric-insulating and thermal-conducting coatings, touch-up and repair coatings, coating applications utilizing hand- held aerosol cans, or any cleaning material.
(f) Any coating unit that has chosen to use add-on controls for coating operations rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a coating unit to meet limits established in Paragraph (c) of this Rule.
(g) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. September 1, 2010; July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0924 MAGNET WIRE COATING
(a) For the purpose of this Rule, "magnet wire coating" means the process of applying a coating of electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.
(b) This Rule applies to volatile organic compound emissions from the oven(s) of magnet wire coating operations.
(c) With the exception stated in Paragraph (d) of this Rule, emissions of volatile organic compounds from any magnet wire coating oven subject to this Rule shall not exceed 2.2 pounds of volatile organic compounds per gallon of solids delivered to the coating applicator from magnet wire coating operations.
(d) Any source that has controlled emissions of volatile organic compounds pursuant to 15A NCAC 02D .0518(e) prior to July 1, 2000 and installed air pollution control equipment in accordance with an air quality permit in order to comply with this Rule before December 1, 1989 may comply with the limits contained in this Paragraph instead of those contained in Paragraph (c) of this Rule. Emissions of volatile organic compounds from any magnet wire coating oven subject to this Rule shall not exceed 1.7 pounds of volatile organic compounds per gallon of coating, excluding water and exempt compounds, delivered to the coating applicator from magnet wire coating operations.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0925 PETROLEUM LIQUID STORAGE IN FIXED ROOF TANKS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Condensate" means hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure and remains liquid at standard conditions.
(2) "Crude oil" means a naturally occurring mixture that consists of hydrocarbons or sulfur, nitrogen or oxygen derivatives of hydrocarbons or mixtures thereof that is a liquid at standard conditions.
(3) "Custody transfer" means the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipeline or any other forms of transportation.
(4) "External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck that rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
(5) "Internal floating roof" means a cover or roof in a fixed roof tank that rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
(6) "Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.
(7) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of crude oils, or through redistillation, cracking, extraction, or reforming of unfinished petroleum derivatives.
(b) This Rule applies to all fixed roof storage vessels with capacities greater than 39,000 gallons containing volatile petroleum liquids whose true vapor pressure is greater than 1.52 pounds per square inch.
(c) This Rule does not apply to volatile petroleum liquid storage vessels:
(1) equipped with external floating roofs; or
(2) having capacities less than 416,000 gallons used to store produced crude oil and condensate prior to lease custody transfer.
(d) With the exceptions stated in Paragraph (c) of this Rule, the owner or operator of any fixed roof storage vessel subject to this Rule shall not use the storage vessel unless:
(1) The storage vessel has been retrofitted with an internal floating roof equipped with a closure seal, or seals, to close the space between the roof edge and tank wall;
(2) The storage vessel is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials;
(3) All openings except stub drains are equipped with covers, lids, or seals such that:
(A) the cover, lid, or seal is in the closed position at all times except when in actual use;
(B) automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports; and
(C) rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting;
(4) Planned routine visual inspections are conducted through roof hatches once per month;
(5) A complete inspection of cover and seal is conducted whenever the tank is emptied for maintenance, shell inspection, cleaning, or for other nonoperational reasons or whenever excessive vapor leakage is observed; and
(6) Records are maintained in accordance with 15A NCAC 02D .0903 and shall include:
(A) reports of the results of inspections conducted pursuant to Subparagraphs (d)(4) and (d)(5) of this Rule;
(B) a record of the average monthly storage temperature, and true vapor pressures of petroleum liquids stored; and
(C) records of the throughput quantities and types of petroleum liquids for each storage vessel.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0926 BULK GASOLINE PLANTS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Average daily throughput" means annual throughput of gasoline divided by 312 days per year.
(2) "Bottom filling" means the filling of a cargo tank or stationary storage tank through an opening flush with the tank bottom.
(3) "Bulk gasoline plant" means a gasoline storage and distribution facility with an average daily throughput of less than 20,000 gallons of gasoline and that typically receives gasoline from bulk terminals by cargo tank transport, stores it in tanks, and subsequently dispenses it via account cargo tanks to farms, businesses, and service stations.
(4) "Bulk gasoline terminal" means a gasoline storage facility that typically receives gasoline from refineries primarily by pipeline, ship, or barge; delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by cargo tank; and has an average daily throughput of greater than or equal to 20,000 gallons of gasoline.
(5) "Cargo tank" means the storage vessels of freight trucks or trailers used to transport gasoline from sources of supply to stationary storage tanks of bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities, and gasoline service stations.
(6) "Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of 4.0 psi or greater.
(7) "Incoming vapor balance system" means a combination of pipes or hoses that create a closed system between the vapor spaces of an unloading cargo tank and a receiving stationary storage tank such that vapors displaced from the receiving stationary storage tank are transferred to the cargo tank being unloaded.
(8) "Outgoing vapor balance system" means a combination of pipes or hoses that create a closed system between the vapor spaces of an unloading stationary storage tank and a receiving cargo tank such that vapors displaced from the receiving cargo tank are transferred to the stationary storage tank being unloaded.
(9) "Splash filling" means the filling of a cargo tank or stationary storage tank through a pipe or hose whose discharge opening is above the surface level of the liquid in the tank being filled.
(10) "Submerged filling" means the filling of a cargo tank or stationary tank through a pipe or hose whose discharge opening is entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid, or whose discharge opening is entirely submerged when the liquid level is six inches above the bottom of the tank.
(b) This Rule applies to the unloading, loading, and storage facilities of all bulk gasoline plants, and of all cargo tanks delivering or receiving gasoline at bulk gasoline plants except stationary storage tanks with capacities less than 528 gallons.
(c) The owner or operator of a bulk gasoline plant shall not transfer gasoline to a stationary storage tank unless the unloading cargo tank and the receiving stationary storage tank are equipped with an incoming vapor balance system as described in Paragraph (i) of this Rule and the receiving stationary storage tank is equipped with a fill line whose discharge opening is flush with the bottom of the tank such that bottom filling can be achieved.
(d) The owner or operator of a bulk gasoline plant with an average daily gasoline throughput of 4,000 gallons or more shall not load a cargo tank at such plant unless the unloading stationary storage tank and the receiving cargo tank are equipped with an outgoing vapor balance system as described in Paragraph (i) of this Rule and the receiving cargo tank is equipped for bottom filling.
(e) The owner or operator of a bulk gasoline plant with an average daily throughput of more than 2,500 gallons but less than 4,000 gallons located in an area with a housing density exceeding the limits in this Paragraph shall not load any cargo tank at such bulk gasoline plant unless the unloading stationary storage tank and receiving cargo tank are equipped with an outgoing vapor balance system as described in Paragraph (i) of this Rule and the receiving cargo tank is equipped for bottom filling. In the counties of Alamance, Buncombe, Cabarrus, Catawba, Cumberland, Davidson, Durham, Forsyth, Gaston, Guilford, Mecklenburg, New Hanover, Orange, Rowan, and Wake, the specified limit on housing density is 50 residences in a square one mile on a side with the square centered on the loading rack at the bulk gasoline plant and with one side oriented in a true North-South direction. In all other counties the specified limit on housing density is 100 residences per square mile. The housing density shall be determined by counting the number of residences using aerial photographs or other methods approved by the Director to provide equivalent accuracy.
(f) The owner or operator of a bulk gasoline plant not subject to the outgoing vapor balance system requirements of Paragraph (d) or (e) of this Rule shall not load cargo tanks at such plants unless:
(1) equipment is available and used at the bulk gasoline plant to provide for submerged filling of each cargo tank; or
(2) each receiving cargo tank is equipped for bottom filling.
(g) For gasoline bulk plants located in a nonattainment area for ozone, the owner or operator shall continue to comply with Paragraph (d) or (e) of this Rule even if the average daily throughput falls below the applicable threshold if ever the facility throughput triggered compliance.
(h) The owner or operator of a bulk gasoline plant shall ensure a cargo tank that is required to be equipped with a vapor balance system pursuant to Paragraphs (c), (d), or (e) of this Rule shall not transfer gasoline between the cargo tank and the stationary storage tank unless:
(1) the vapor balance system is connected, operating, and working as designed in accordance with the manufacturer's specifications and the definition of "good operation and maintenance" in 15A NCAC 02D .0602;
(2) cargo tank hatches are closed at all times during loading and unloading operations; and
(3) the cargo tank's pressure/vacuum relief valves, hatch covers, and the cargo tank's and storage tank's associated vapor and liquid lines are vapor-tight, as defined in 40 CFR 60.501 and 63.11132, as applicable, during loading or unloading.
(i) Vapor balance systems required under Paragraphs (c), (d), and (e) of this Rule shall consist of the following major components:
(1) a vapor space connection on the stationary storage tank equipped with fittings that are vapor tight and will be automatically and immediately closed upon disconnection to prevent release of volatile organic material;
(2) a connecting pipe or hose equipped with fittings that are vapor tight and will be automatically and immediately closed upon disconnection to prevent release of volatile organic material; and
(3) a vapor space connection on the cargo tank equipped with fittings that are vapor tight and will be automatically and immediately closed upon disconnection to prevent release of volatile organic material.
(j) The owner or operator of a bulk gasoline plant shall paint all tanks used for gasoline storage white or silver.
(k) The pressure relief valves on cargo tanks loading or unloading at bulk gasoline plants shall be set to release at the highest possible pressure in accordance with State or local fire codes or the National Fire Prevention Association Guidelines. The pressure relief valves on stationary storage tanks shall be set at 0.5 psi for storage tanks placed in service on or after November 1, 1992, and 0.25 psi for storage tanks existing before November 1, 1992.
(l) No owner or operator of a bulk gasoline plant may permit gasoline to be spilled, discarded in sewers, stored in open containers, or handled in any other manner that would result in evaporation.
(m) The owner or operator of a bulk gasoline plant shall observe loading and unloading operations and shall discontinue the transfer of gasoline:
(1) if any liquid leaks are observed; or
(2) if any vapor leaks are observed where a vapor balance system is required under Paragraphs (c), (d), or (e) of this Rule.
(n) The owner or operator of a bulk gasoline plant shall not load, or allow to be loaded, gasoline into any cargo tank unless the cargo tank has been certified leak tight in accordance with 15A NCAC 02D .0932.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; May 1, 1993; March 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0927 BULK GASOLINE TERMINALS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Bulk gasoline terminal" means:
(A) a pipeline breakout station of an interstate oil pipeline facility; or
(B) a gasoline storage facility that typically receives gasoline from refineries primarily by pipeline, ship, or barge; delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by cargo tank; and has an average daily throughput of more than 20,000 gallons of gasoline.
(2) "Cargo tank" means the storage vessels of freight trucks or trailers used to transport gasoline from sources of supply to stationary storage tanks of bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities, and gasoline service stations.
(3) "Contact deck" means a deck in an internal floating roof tank that rises and falls with the liquid level and floats in direct contact with the liquid surface.
(4) "Degassing" means the process by which a tank's interior vapor space is decreased to below the lower explosive limit for the purpose of cleaning, inspection, or repair.
(5) "Gasoline" means a petroleum distillate having a Reid Vapor Pressure (RVP) of 4.0 psi or greater.
(6) "Leak" means a crack or hole letting petroleum product vapor or liquid escape that is identifiable through sight, sound, smell, an explosimeter, or the use of a meter that measures volatile organic compounds. When an explosimeter or meter is used to detect a leak, a leak is a measurement that is equal to or greater than 100 percent of the lower explosive limit, as detected by a combustible gas detector using the test procedure described in Appendix B of EPA-450/2-78-051. This test procedure is incorporated by reference, including any subsequent amendments and editions. A copy of this test procedure may be obtained free of charge at .
(7) "Liquid balancing" means a process used to degas floating roof gasoline storage tanks with a liquid whose vapor pressure is below 1.52 psi. This is done by removing as much gasoline as possible without landing the roof on its internal supports, pumping in the replacement fluid, allowing mixing, removing as much mixture as possible without landing the roof, and repeating these steps until the vapor pressure of the mixture is below 1.52 psi.
(8) "Liquid displacement" means a process by which gasoline vapors remaining in an empty tank are displaced by a liquid with a vapor pressure below 1.52 psi.
(9) "Pipeline breakout station" means a facility along a pipeline containing storage tanks used to:
(A) relieve surges in a hazardous liquid pipeline system; or
(B) receive and store hazardous liquids transported by pipeline for reinjection and continued transport by pipeline.
For the purposes of this definition, "hazardous liquid" means the materials listed in 49 CFR 195.2.
(b) This Rule applies to bulk gasoline terminals and the appurtenant equipment necessary to load the cargo tank compartments.
(c) Gasoline shall not be loaded into any cargo tank from any bulk gasoline terminal unless:
(1) the bulk gasoline terminal is equipped with a vapor control system that prevents the emissions of volatile organic compounds from exceeding 35 milligrams per liter. The owner or operator shall obtain from the manufacturer and maintain in the cargo tank's records a pre-installation certification stating the vapor control efficiency of the system in use;
(2) displaced vapors and gases are vented only to the vapor control system or to a flare;
(3) a means is provided to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected; and
(4) all loading and vapor lines are equipped with fittings that make vapor-tight connections and that are automatically and immediately closed upon disconnection.
(d) Sources regulated by this Rule shall not:
(1) allow gasoline to be discarded in sewers or stored in open containers or handled in any manner that would result in evaporation; or
(2) allow the pressure in the vapor collection system to exceed the cargo tank pressure relief settings.
(e) The owner or operator of a bulk gasoline terminal shall paint all tanks used for gasoline storage white or silver.
(f) The owner or operator of a bulk gasoline terminal shall install on each external floating roof tank with an inside diameter of 100 feet or less used to store gasoline a self-supporting roof, such as a geodesic dome.
(g) The following equipment shall be required on all tanks storing gasoline at a bulk gasoline terminal:
(1) rim-mounted secondary seals on all external and internal floating roof tanks;
(2) gaskets on deck fittings; and
(3) floats in the slotted guide poles with a gasket around the cover of the poles.
(h) Decks shall be required on all above ground tanks with a capacity greater than 19,800 gallons storing gasoline at a bulk gasoline terminal. All decks installed after June 30, 1998 shall comply with the following requirements:
(1) deck seams shall be welded, bolted, or riveted; and
(2) seams on bolted contact decks and on riveted contact decks shall be gasketed.
(i) If, upon facility or operational modification of a bulk gasoline terminal that existed before December 1, 1992, an increase in benzene emissions results such that:
(1) emissions of volatile organic compounds increase by more than 25 tons cumulative at any time during the five years following modifications; and
(2) annual emissions of benzene from the cluster, which includes the bulk gasoline terminal, the pipeline, and marketing terminals served by the pipeline, exceed benzene emissions from that cluster based upon calendar year 1991 gasoline throughput and application of the requirements of this Subchapter,
then, the annual increase in benzene emissions due to the modification shall be offset within the cluster by reduction in benzene emissions beyond that otherwise achieved from compliance with this Rule, in the ratio of at least 1.3 to 1.
(j) To qualify for exemption from the requirements under Paragraphs (e) through (i) of this Rule, the owner or operators of a bulk gasoline terminal that received an air quality permit before December 1, 1992 to emit toxic air pollutants under 15A NCAC 02Q .0700 to comply with 15A NCAC 02D .1100 shall continue to follow all terms and conditions of the permit issued under 15A NCAC 02Q .0700 and to bring the terminal into compliance with 15A NCAC 02D .1100 according to the terms and conditions of the permit, and shall maintain this permit to emit toxic air pollutants.
(k) The owner or operator of a bulk gasoline terminal shall not load, or allow to be loaded, gasoline into any cargo tank unless the cargo tank has been certified leak tight according to 15A NCAC 02D .0932.
(l) The owner or operator of a bulk gasoline terminal shall have on file at the terminal a copy of the certification test conducted according to 15A NCAC 02D .0932 for each gasoline cargo tank loaded at the terminal.
(m) Emissions of gasoline from degassing of external or internal floating roof tanks at a bulk gasoline terminal shall be collected and controlled by at least 90 percent by weight. Liquid balancing shall not be used to degas gasoline storage tanks at bulk gasoline terminals. Bulk gasoline storage tanks containing not more than 138 gallons of liquid gasoline or the equivalent of gasoline vapor and gasoline liquid are exempted from the degassing requirements if gasoline vapors are vented for at least 24 hours. Documentation of degassing external or internal floating roof tanks shall be made according to 15A NCAC 02D .0903.
(n) The owner or operator of a bulk gasoline terminal shall visually inspect the following for leaks each day that the terminal is both manned and open for business:
(1) the vapor collection system;
(2) the vapor control system; and
(3) each lane of the loading rack while a gasoline cargo tank is being loaded.
In accordance with 15A NCAC 02D .1903, the owner or operator shall maintain records of the visual inspections. If no leaks are found, the owner or operator shall record that no leaks were found. If a leak is found, the owner or operator shall record the information specified in Paragraph (p) of this Rule. The owner or operator shall repair all leaks found according to Paragraph (q) of this Rule.
(o) The owner or operator of a bulk gasoline terminal shall inspect weekly for leaks:
(1) the vapor collection system;
(2) the vapor control system; and
(3) each lane of the loading rack while a gasoline cargo tank is being loaded.
The weekly inspection shall be done using sight, sound, or smell; a meter used to measure volatile organic compounds; or an explosimeter. An inspection using either a meter used to measure volatile organic compounds or an explosimeter shall be conducted every month. If no leaks are found, the owner or operator shall record the date that the inspection was done and that no leaks were found. If a leak is found, the owner or operator shall record the information specified in Paragraph (p) of this Rule. The owner or operator shall repair all leaks found according to Paragraph (q) of this Rule.
(p) For each leak found under Paragraph (n) or (o) of this Rule, the owner or operator of a bulk gasoline terminal shall record:
(1) the date of the inspection;
(2) the findings detailing the location, nature, and severity of each leak;
(3) the corrective action taken;
(4) the date when corrective action was completed; and
(5) any other information that the terminal deems necessary to demonstrate compliance with this Rule.
(q) The owner or operator of a bulk gasoline terminal shall repair all leaks as follows:
(1) The vapor collection hose that connects to the cargo tank shall be repaired or replaced before another cargo tank is loaded at that rack after a leak has been detected originating with the terminal's equipment rather than from the gasoline cargo tank.
(2) All other leaks shall be repaired as expeditiously as possible but no later than 15 days from their detection. If more than 15 days are required to make the repair, the reasons that the repair cannot be made shall be documented, and the leaking equipment shall not be used after the fifteenth day from when the leak detection was found until the repair is made.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. January 1, 2007; April 1, 2003; August 1, 2002; July 1, 1998; July 1, 1996; July 1, 1994; December 1, 1992; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0928 GASOLINE SERVICE STATIONS STAGE I
(a) Definitions. For the purpose of this Rule, the following definitions apply:
(1) "Coaxial vapor recovery system" means the delivery of the gasoline and recovery of vapors occurring through a single coaxial fill tube, which is a tube within a tube. Gasoline is delivered through the inner tube, and vapor is recovered through the annular space between the walls of the inner tube and outer tube.
(2) "Delivery vessel" means cargo tanks used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities.
(3) "Dual point vapor recovery system" means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationary storage tank occurring through two separate openings in the storage tank and two separate hoses between the cargo tank and the stationary storage tank.
(4) "Gasoline" means a petroleum distillate having a Reid vapor pressure of four psi or greater.
(5) "Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
(6) "Gasoline service station" means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(7) "Line" means any pipe suitable for transferring gasoline.
(8) "Motor Vehicle" means every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. This term shall not include mopeds or electric assisted bicycles in accordance with G.S. 20-4.01.
(9) "Operator" means any person who leases, operates, controls, or supervises a facility at which gasoline is dispensed.
(10) "Owner" means any person who has legal or equitable title to the gasoline storage tank at a facility.
(11) "Poppeted vapor recovery adaptor" means a vapor recovery adaptor that automatically and immediately closes itself when the vapor return line is disconnected and maintains a tight seal when the vapor return line is not connected.
(12) "Stationary storage tank" means a gasoline storage container that is a permanent fixture.
(13) "Submerged fill pipe" means any fill pipe with a discharge opening that is entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid, or that is entirely submerged when the level of the liquid is:
(A) six inches above the bottom of the tank if the tank does not have a vapor recovery adaptor; or
(B) 12 inches above the bottom of the tank if the tank has a vapor recovery adaptor. If the opening of the submerged fill pipe is cut at a slant, the distance is measured from the top of the slanted cut to the bottom of the tank.
(14) "Throughput" means the amount of gasoline dispensed at a facility during a calendar month after November 15, 1990.
(b) Applicability. This Rule applies to all gasoline dispensing facilities and gasoline service stations, and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service station.
(c) Exemptions. This Rule does not apply to:
(1) transfers made to storage tanks at gasoline dispensing facilities or gasoline service stations equipped with floating roofs or technology that achieves equivalent or greater emission reductions as a floating roof;
(2) stationary tanks with a capacity of not more than 2,000 gallons that are in place before July 1, 1979, if the tanks are equipped with a permanent or portable submerged fill pipe;
(3) stationary storage tanks with a capacity of not more than 550 gallons that are installed after June 30, 1979, if tanks are equipped with a permanent or portable submerged fill pipe;
(4) stationary storage tanks with a capacity of not more than 2,000 gallons located on a farm or a residence and used to store gasoline for farm equipment or residential use if gasoline is delivered to the tank through a permanent or portable submerged fill pipe. This exemption does not apply in ozone non-attainment areas;
(5) stationary storage tanks at a gasoline dispensing facility or gasoline service station where the combined annual throughput of gasoline at the facility or station does not exceed 50,000 gallons, if the tanks are permanently equipped with submerged fill pipes; or
(6) any tanks used exclusively to test the fuel dispensing meters.
(d) With exceptions stated in Paragraph (c) of this Rule, gasoline shall not be transferred from any delivery vessel into any stationary storage tank unless:
(1) the tank is equipped with a submerged fill pipe, and the vapors displaced from the storage tank during filling are controlled by a vapor control system as described in Paragraph (e) of this Rule;
(2) the vapor control system is connected and operating with a vapor tight connection, and working as designed in accordance with the manufacturer's specifications;
(3) the vapor control system is maintained in accordance with the manufacturer's specifications and the definition of "good operation and maintenance" in 15A NCAC 02D .0602, and all damaged or malfunctioning components or elements of design are repaired, replaced, or modified;
(4) the gauges, meters, or other specified testing devices are maintained in accordance with the manufacturer's specifications and the definition of "good operation and maintenance" in 15A NCAC 02D .0602;
(5) the delivery vessel and vapor collection system comply with 15A NCAC 02D .0932; and
(6) the following records are kept in accordance with 15A NCAC 02D .0903:
(A) the scheduled date for maintenance or the date that a malfunction was detected;
(B) the date the maintenance was performed or the malfunction corrected; and
(C) the component or element of design of the control system repaired, replaced, or modified.
(e) The vapor control system required by Paragraph (d) of this Rule shall include one or more of the following:
(1) a vapor-tight line from the storage tank to the delivery vessel, and:
(A) for a coaxial vapor recovery system, either a poppeted or unpoppeted vapor recovery adaptor;
(B) for a dual point vapor recovery system, a poppeted vapor recovery adaptor; or
(2) a refrigeration-condensation system or equivalent system designed to recover at least 90 percent by weight of the volatile organic compounds in the displaced vapor.
(f) If an unpoppeted vapor recovery adaptor is used pursuant to Part (e)(1)(A) of this Rule, the tank liquid fill connection shall remain covered either with a vapor-tight cap or a vapor return line, except when the vapor return line is being connected or disconnected.
(g) If an unpoppeted vapor recovery adaptor is used pursuant to Part (e)(1)(A) of this Rule, the unpoppeted vapor recovery adaptor shall be replaced with a poppeted vapor recovery adaptor when the tank is replaced or is removed and upgraded.
(h) Where vapor lines from the storage tanks are manifolded, poppeted vapor recovery adapters shall be used. No more than one tank is to be loaded at a time if the manifold vapor lines are size 2.5 inches and smaller. If the manifold vapor lines are 3.0 inches and larger, then two tanks at a time may be loaded.
(i) Vent lines on tanks with Stage I controls shall have pressure release valves or restrictors.
(j) The vapor-laden delivery vessel:
(1) shall be designed and maintained to be vapor-tight during loading and unloading operations and during transport with the exception of normal pressure/vacuum venting as required by the Department of Transportation; and
(2) if it is refilled in North Carolina, shall be refilled only at:
(A) bulk gasoline plants complying with 15A NCAC 02D .0926; or
(B) bulk gasoline terminals complying with 15A NCAC 02D .0927 or .0524.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1994; March 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0929 PETROLEUM REFINERY SOURCES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985;
Repealed Eff. July 1, 1996.
15A NCAC 02D .0930 SOLVENT METAL CLEANING
(a) For the purpose of this Rule, the following definitions apply:
(1) "Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing, or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.
(2) "Conveyorized degreasing" means the continuous process of cleaning and removing soils from metal surfaces by operating with either cold or vaporized solvents.
(3) "Freeboard height" means for vapor degreasers the distance from the top of the vapor zone to the top of the degreaser tank. For cold cleaners, freeboard height means the distance from liquid solvent level in the degreaser tank to the top of the tank.
(4) "Freeboard ratio" means the freeboard height divided by the width of the degreaser.
(5) "Open top vapor degreasing" means the batch process of cleaning and removing soils from metal surfaces by condensing hot solvent vapor on the colder metal parts.
(6) "Solvent metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning, open top vapor degreasing, or conveyorized degreasing.
(b) This Rule applies to cold cleaning, open top vapor degreasing, and conveyorized degreasing operations.
(c) The provisions of this Rule shall apply with the following exceptions:
(1) Open top vapor degreasers with an open area smaller than 10.8 square feet shall be exempt from Subparagraph (e)(3) of this Rule; and
(2) Conveyorized degreasers with an air/vapor interface smaller than 21.6 square feet shall be exempt from Subparagraph (f)(2) of this Rule.
(d) The owner or operator of a cold cleaning facility shall:
(1) equip the cleaner with a cover and the cover shall be designed so that it can be easily operated with one hand, if:
(A) the solvent volatility is greater than 15 millimeters of mercury or 0.3 pounds per square inch measured at 100°F;
(B) the solvent is agitated; or
(C) the solvent is heated;
(2) equip the cleaner with a facility for draining cleaned parts. The drainage facility shall be constructed internally so that parts are enclosed under the cover while draining if the solvent volatility is greater than 32 millimeters of mercury or 0.6 pounds per square inch measured at 100°F. However, the drainage facility may be external for applications where an internal type cannot fit into the cleaning system;
(3) install one of the following control devices if the solvent volatility is greater than 33 millimeters of mercury or 0.6 pounds per square inch measured at 100°F, or if the solvent is heated above 120°F:
(A) freeboard that gives a freeboard ratio greater than or equal to 0.7;
(B) water cover if the solvent is insoluble in and heavier than water; or
(C) other systems of equivalent control, such as refrigerated chiller or carbon adsorption, approved by the Director;
(4) provide a permanent, conspicuous label, summarizing the operating requirements;
(5) store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere;
(6) close the cover whenever parts are not being handled in the cleaner;
(7) drain the cleaned parts for at least 15 seconds or until dripping ceases; and
(8) if used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower type spray) at a pressure that does not cause excessive splashing.
(e) With the exception stated in Paragraph (c) of this Rule the owner or operator of an open top vapor degreaser shall:
(1) equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone;
(2) provide the following safety switches or devices:
(A) a condenser flow switch and thermostat or other device that prevents heat input if the condenser coolant is either not circulating or too warm;
(B) a spray safety switch or other device that shuts off the spray pump if the vapor level drops more than 10 inches; and
(C) a vapor level control thermostat or other device that prevents heat input when the vapor level rises too high;
(3) install one of the following control devices:
(A) freeboard ratio greater than or equal to 0.75. If the degreaser opening is greater than 10.8 square feet, the cover must be powered;
(B) refrigerated chiller;
(C) enclosed design where the cover or door opens only when the dry part is actually entering or exiting the degreaser; or
(D) carbon adsorption system with ventilation greater than or equal to 50 cubic feet per minute per square foot of air/vapor area, when cover is open, and exhausting less than 25 parts per million of solvent averaged over one complete adsorption cycle;
(4) keep the cover closed at all times except when processing workloads through the degreaser; and
(5) minimize solvent carryout by:
(A) racking parts to allow complete drainage;
(B) moving parts in and out of the degreaser at less than 11 feet per minute;
(C) holding the parts in the vapor zone at least 30 seconds or until condensation ceases;
(D) tipping out any pools of solvent on the cleaned parts before removal from the vapor zone; and
(E) allowing parts to dry within the degreaser for at least 15 seconds or until visually dry;
(6) not degrease porous or absorbent materials, such as cloth, leather, wood, or rope;
(7) not occupy more than half of the degreaser's open top area with a workload;
(8) not load the degreaser to the point where the vapor level would drop more than 10 inches when the workload is removed from the vapor zone;
(9) always spray below the vapor level;
(10) repair solvent leaks immediately or shutdown the degreaser;
(11) store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere;
(12) not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator;
(13) not use ventilation fans near the degreaser opening, nor provide exhaust ventilation exceeding 65 cubic feet per minute per square foot of degreaser open area, unless necessary to meet OSHA requirements (OSHA is the U.S. Occupational Safety and Health Administration; in North Carolina the N.C. Labor Department has delegation of OSHA programs); and
(14) provide a permanent, conspicuous label, summarizing the operating procedures of Subparagraph (4) through (12) of this Paragraph.
(f) With the exception stated in Paragraph (c) of this Rule, the owner or operator of a conveyorized degreaser shall:
(1) not use workplace fans near the degreaser opening, nor provide exhaust ventilation exceeding 65 cubic feet per minute per square foot of degreaser opening, unless necessary to meet OSHA requirements;
(2) install one of the following control devices:
(A) refrigerated chiller; or
(B) carbon adsorption system with ventilation greater than or equal to 50 cubic feet per minute per square foot of air/vapor area, when downtime covers are open, and exhausting less than 25 parts per million of solvent by volume averaged over a complete adsorption cycle;
(3) equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor;
(4) provide the following safety switches or devices:
(A) a condenser flow switch and thermostat or other device that prevents heat input if the condenser coolant is either not circulating or too warm;
(B) a spray safety switch or other device that shuts off the spray pump or the conveyor if the vapor level drops more than 10 inches; and
(C) a vapor level control thermostat or other device that prevents heat input when the vapor level rises too high;
(5) minimize openings during operation so that entrances and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than four inches or less than 10 percent of the width of the opening;
(6) provide downtime covers for closing off the entrance and exit during shutdown hours;
(7) minimize carryout emissions by:
(A) racking parts for best drainage; and
(B) maintaining the vertical conveyor speed at less than 11 feet per minute;
(8) store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere;
(9) repair solvent leaks immediately, or shut down the degreaser;
(10) not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator; and
(11) place downtime covers over entrances and exits or conveyorized degreasers immediately after the conveyors and exhausts are shutdown and not remove them until just before start-up.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. March 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0931 CUTBACK ASPHALT
(a) For the purpose of this Rule, the following definitions apply:
(1) "Asphalt" means a dark-brown to black cementitious material, solid, semisolid, or liquid in consistency, in which the predominating constituents are bitumens that occur in nature as such or that are obtained as residue in refining petroleum.
(2) "Cutback asphalt" means asphalt cement that has been liquefied by blending with petroleum solvents or diluents. Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.
(3) "Penetrating prime coat" means an application of low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens the top, and helps bind it to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.
(b) This Rule applies to the manufacture and use of cutback asphalts for the purpose of paving or maintaining roads, highways, streets, parking lots, driveways, curbs, sidewalks, airfields, such as runways, taxiways, and parking aprons, recreational facilities, such as tennis courts, playgrounds, and trails, and other similar structures.
(c) Cutback asphalt shall not be manufactured, mixed, stored, used, or applied except where:
(1) long-life, of one month or more, stockpile storage is necessary;
(2) the use or application at ambient temperatures less than 50°F, as measured at the nearest National Weather Service Field Local Office or Federal Aviation Administration Surface Weather Observation Station, is necessary;
(3) the cutback asphalt is to be used solely as a penetrating prime coat; or
(4) the user can demonstrate to the Director that there are no volatile organic compound emissions under conditions of normal use.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. December 1, 1989; January 1, 1985; June 1, 1980;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0932 GASOLINE CARGO TANKS AND VAPOR COLLECTION SYSTEMS
(a) For the purposes of this Rule, the following definitions apply:
(1) "Bottom filling" means the filling of a cargo tank or stationary storage tank through an opening flush with the tank bottom.
(2) "Bulk gasoline plant" means a gasoline storage and distribution facility with an average daily throughput of less than 20,000 gallons of gasoline and that typically receives gasoline from bulk terminals by cargo tank transport, stores it in tanks, and subsequently dispenses it via account cargo tanks to local farms, businesses, and service stations.
(3) "Bulk gasoline terminal" means:
(A) a pipeline breakout station of an interstate oil pipeline facility; or
(B) a gasoline storage facility that typically receives gasoline from refineries primarily by pipeline, ship, or barge; delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by cargo tank; and has an average daily throughput of more than 20,000 gallons of gasoline.
(4) "Cargo tank" means the storage vessels of freight trucks or trailers used to transport gasoline from sources of supply to stationary storage tanks of bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities, and gasoline service stations.
(5) "Cargo tank testing facility" means any facility complying with registration in 49 CFR Part 107, Subpart F.
(6) "Cargo tank vapor collection equipment" means any piping, hoses, and devices on the cargo tank used to collect and route gasoline vapors in the tank to or from the bulk gasoline terminal, bulk gasoline plant, gasoline dispensing facility, or gasoline service station vapor control system or vapor balance system.
(7) "Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of 4.0 psi or greater.
(8) "Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks. For the purposes of this definition, "motor vehicle" has the meaning defined in 15A NCAC 02D .0928,
(9) "Gasoline service station" means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(10) "Vapor balance system" means a combination of pipes or hoses that create a closed system between the vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded.
(11) "Vapor collection system" means a vapor balance system or any other system used to collect and control emissions of volatile organic compounds.
(b) This Rule applies to gasoline cargo tanks that are equipped for vapor collection and to vapor control systems at bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities, and gasoline service stations equipped with vapor balance or vapor control systems.
(c) For cargo tanks, the following requirements shall apply:
(1) Gasoline cargo tanks and their vapor collection systems shall be tested annually by a cargo tank testing facility. The facility shall follow the test procedure as defined by 15A NCAC 02D .2615 to certify the gasoline cargo tank leak tight. The gasoline cargo tank shall not be used unless it is certified leak tight.
(2) Each gasoline cargo tank that has been certified leak tight according to Subparagraph (c)(1) of this Rule shall display a sticker near the Department of Transportation certification plate required by 49 CFR 180.415.
(3) There shall be no liquid leaks from any gasoline cargo tank.
(4) Any cargo tank with a leak equal to or greater than 100 percent of the lower explosive limit, as detected by a combustible gas detector using the test procedure described in 15A NCAC 02D .2615 shall not be used beyond 15 days after the leak has been discovered, unless the leak has been repaired and the cargo tank has been certified to be leak tight according to Subparagraph (c)(1) of this Rule.
(5) The owner or operator of a gasoline cargo tank with a vapor collection system shall maintain records of all leak testing and repairs. The records shall identify the gasoline cargo tank, the date of the test or repair, and, if applicable, the type of repair and the date of retest. The records of leak tests shall include:
(A) the name, address, and telephone number of cargo tank testing facility performing the leak test;
(B) the name and signature of the individual performing the leak test;
(C) the name and address of the owner of the tank;
(D) the identification number of the tank;
(E) the documentation of tests performed including the date and summary of results;
(F) the continued qualification statement and returned to service status; and
(G) a list or description of identified corrective repairs to the tank. If none are performed then the report shall state "no corrective repairs performed."
(6) A copy of the most recent leak testing report shall be kept with the cargo tank. The owner or operator of the cargo tank shall also file a copy of the most recent leak testing report with each bulk gasoline terminal that loads the cargo tank. The owner or operator shall maintain records for at least two years after the date of the testing or repair and make copies of such records available to the Director upon written request.
(d) For bulk gasoline terminals and bulk gasoline plants equipped with vapor balance or vapor control systems, the following requirements shall apply:
(1) The vapor collection system and vapor control system shall be designed and operated to prevent gauge pressure in the cargo tank from exceeding 18 inches of water and to prevent a vacuum of greater than six inches of water.
(2) During loading and unloading operations there shall be:
(A) no vapor leakage from the vapor collection system such that a reading equal to or greater than 100 percent of the lower explosive limit at one inch around the perimeter of each potential leak source as detected by a combustible gas detector using the test procedure described in 15A NCAC 02D .2615; and
(B) no liquid leaks.
(3) If a leak is discovered that exceeds the limit in Subparagraph (d)(2) of this Rule:
(A) For bulk gasoline plants, the vapor collection system or vapor control system shall not be used beyond 15 days after the leak has been discovered, unless the leak has been repaired and the system has been retested and found to comply with Subparagraph (d)(2) of this Rule;
(B) For bulk gasoline terminals, the vapor collection system or vapor control system shall be repaired following the procedures in 15A NCAC 02D .0927.
(4) The owner or operator of a vapor collection system at a bulk gasoline plant or a bulk gasoline terminal shall test, according to Rule 15A NCAC 02D .0912, the vapor collection system at least once per year. If after two complete annual checks no more than 10 leaks are found, the Director shall allow less frequent monitoring. If more than 20 leaks are found, the Director shall require the frequency of monitoring be increased.
(5) The owner or operator of vapor control systems at bulk gasoline terminals, bulk gasoline plants, gasoline dispensing facilities, and gasoline service stations equipped with vapor balance or vapor control systems shall maintain records of all certification testing and repairs. The records shall identify each vapor collection system, or vapor control system; the date of the test or repair; and, if applicable, the type of repair and the date of retest.
History Note: Authority G.S. 143-215.3(a)(1), (a)(4); 143-215.107; 143-215.66;
Eff. July 1, 1980;
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; April 1, 2003; August 1, 2002; July 1, 1994; December 1, 1989; January 1, 1985;
Readopted Eff. October 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0933 PETROLEUM LIQUID STORAGE IN EXTERNAL FLOATING ROOF TANKS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Condensate" means hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure and remains liquid at standard conditions.
(2) "Crude oil" means a naturally occurring mixture consisting of hydrocarbons or sulfur, nitrogen or oxygen derivatives of hydrocarbons or mixtures thereof that is a liquid in the reservoir at standard conditions.
(3) "Custody transfer" means the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.
(4) "External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck that rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
(5) "Internal floating roof" means a cover or roof in a fixed roof tank that rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
(6) "Liquid-mounted seal" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.
(7) "Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.
(8) "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.
(b) This Rule applies to all external floating roof tanks with capacities greater than 950 barrels containing petroleum liquids whose true vapor pressure exceed 1.52 pounds per square inch absolute.
(c) This Rule does not apply to petroleum liquid storage vessels:
(1) that have external floating roofs that have capacities less than 10,000 barrels and that are used to store produced crude oil and condensate prior to custody transfer;
(2) that have external floating roofs and that store waxy, heavy-pour crudes;
(3) that have external floating roofs, and that contain a petroleum liquid with a true vapor pressure less than 4.0 pounds per square inch absolute; and:
(A) the tanks are of welded construction; and
(B) the primary seal is a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted filled type seal, or any other closure device of demonstrated equivalence; or
(4) that have fixed roofs with or without internal floating roofs.
(d) With the exceptions stated in Paragraph (c) of this Rule, an external floating roof tank subject to this Rule shall not be used unless:
(1) The tank has:
(A) a continuous secondary seal extending from the floating roof to the tank wall, known as a rim-mounted secondary seal;
(B) a metallic-type shoe primary seal and a secondary seal from the top of the shoe seal to the tank wall, known as a shoe-mounted secondary seal; or
(C) a closure or other control device demonstrated to have an efficiency equal to or greater than that required under Part (A) or (B) of this Subparagraph;
(2) The seal closure devices meet the following requirements:
(A) There shall be no visible holes, tears, or other openings in the seal or seal fabric;
(B) The seal shall be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and
(C) For vapor mounted primary seals, any gaps exceeding 0.125 inch in width between the secondary seal and the tank wall shall not exceed 1.0 square inch per foot of tank diameter;
(3) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:
(A) provided with a projection below the liquid surface; and
(B) equipped with covers, seals, or lids that remain in a closed position at all times except when in actual use;
(4) Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports;
(5) Rim vents are set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting;
(6) Any emergency roof drains are provided with slotted membrane fabric covers or equivalent covers that cover at least 90 percent of the area at the opening;
(7) Planned routine visual inspections to verify the conditions of the seal are conducted once per month;
(8) For tanks equipped with a vapor-mounted primary seal, the secondary seal gap measurements are made annually in accordance with Paragraph (e) of this Rule; and
(9) Records are maintained pursuant to 15A NCAC 02D .0903, including:
(A) reports of the results of inspections conducted under Subparagraphs (7) and (8) of this Paragraph;
(B) a record of the average monthly storage temperature and the true vapor pressures or Reid vapor pressures of the petroleum liquids stored; and
(C) records of the throughput quantities and types of petroleum liquids for each storage vessel.
(e) The secondary seal gap area shall be determined by measuring the length and width of the gaps around the entire circumference of the secondary seal. Only gaps equal to or greater than 0.125 inch shall be used in computing the gap area. The area of the gaps shall be accumulated to determine compliance with Part (d)(2)(C) of this Rule.
(f) The owner or operator of a petroleum liquid storage vessel with an external floating roof that is not equipped with a secondary seal or approved alternative and contains a petroleum liquid with a true vapor pressure greater than 1.0 pound per square inch shall maintain records of the average monthly storage temperature, the type of liquid, throughput quantities, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 1.0 pound per square inch.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. June 1, 2004; July 1, 1994; March 1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0934 COATING OF MISCELLANEOUS METAL PARTS AND PRODUCTS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. July 1, 1996; July 1, 1991; December 1, 1989; January 1, 1985;
Repealed Eff. September 1, 2010.
15A NCAC 02D .0935 FACTORY SURFACE COATING OF FLAT WOOD PANELING
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Flat wood paneling coatings" means wood paneling product that are any interior, exterior, or tileboard (class I hardboard) panel to which a protective, decorative, or functional material or layer has been applied.
(2) "Hardboard" is a panel manufactured primarily from inter felted lignocellulosic fibers that are consolidated under heat and pressure in a hot-press.
(3) "Tileboard" means a premium interior wall paneling product made of hardboard that is used in high moisture area or areas of the home.
(b) This Rule applies to each flat wood paneling coatings source whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b) at the facilities with flat wood paneling coating applications for the following products:
(1) class II finishes on hardboard panels;
(2) exterior siding;
(3) natural finish hardwood plywood panels;
(4) printed interior panels made of hardwood, plywood, and thin particleboard; and
(5) tileboard made of hardboard.
(c) Emissions of volatile organic compounds from any facility finished flat wood product operation subject to this Rule shall not exceed 2.1 pounds of volatile organic compounds per gallon material, excluding water and exempt compounds or 2.9 pounds of volatile organic compounds per gallon solids.
(d) EPA Method 24 of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at surface coating of flat wood paneling facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(e) Any facility meeting applicability requirements of Paragraph (b) of this Rule that has chosen to use add-on controls for flat wood paneling coating operation rather than the emission limits established in Paragraph (c) of this Rule shall install control equipment with an overall control efficiency of 90 percent or use a combination of coating and add-on control equipment on a flat wood paneling coating operation to meet limits established in Paragraph (c) of this Rule.
(f) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. September 1, 2010; July 1, 1996; December 1, 1989; January 1, 1985;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0936 GRAPHIC ARTS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. December 1, 1993; December 1, 1989; January 1, 1985; June 1, 1981;
Repealed Eff. September 1, 2010.
15A NCAC 02D .0937 MANUFACTURE OF PNEUMATIC RUBBER TIRES
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Bead dipping" means the dipping of an assembled tire bead into a solvent-based cement.
(2) "Green tires" means assembled tires before molding and curing.
(3) "Green tire spraying" means spray coating release compounds inside and outside of green tires to remove air during the molding process and prevent the tire from sticking to the mold after curing completion.
(4) "Pneumatic rubber tire manufacture" means the production of passenger car tires, light and medium truck tires, and other tires manufactured on assembly lines.
(5) "Tread end cementing" means the application of a solvent-based cement to the tire tread ends.
(6) "Undertread cementing" means the application of a solvent-based cement to the underside of a tire tread.
(b) This Rule applies to undertread cementing, tread end cementing, bead dipping, and green tire spraying operations of pneumatic rubber tire manufacturing.
(c) Emissions of volatile organic compounds from any pneumatic rubber tire manufacturing plant shall not exceed:
(1) 25 grams of volatile organic compounds per tire from each undertread cementing operation;
(2) 4.0 grams of volatile organic compounds per tire from each tread end cementing operation;
(3) 1.9 grams of volatile organic compounds per tire from each bead dipping operation; or
(4) 24 grams of volatile organic compounds per tire from each green tire spraying operation.
(d) If the total volatile organic compound emissions from all undertread cementing, tread end cementing, bead dipping, and green tire spraying operations at a pneumatic rubber tire manufacturing facility does not exceed 50 grams per tire, Paragraph (c) of this Rule shall not apply.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. July 1, 1996; December 1, 1989; January 1, 1985.
Readopted Eff. November 1, 2020.
15A NCAC 02D .0938 PERCHLOROETHYLENE DRY CLEANING SYSTEM
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. December 1, 1989; January 1, 1985;
Repealed Eff. July 1, 1998.
15A NCAC 02D .0939 DETERMINATION OF VOLATILE ORGANIC COMPOUND EMISSIONS
15A NCAC 02D .0940 DETERMINATION OF LEAK TIGHTNESS AND VAPOR LEAKS
15A NCAC 02D .0941 ALTERNATIVE METHOD FOR LEAK TIGHTNESS
15A NCAC 02D .0942 DETERMINATION OF SOLVENT IN FILTER WASTE
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. December 1, 1989; July 1, 1988; May 1, 1985; January 1, 1985;
Repealed Eff. June 1, 2008.
15A NCAC 02D .0943 SYNTHETIC ORGANIC CHEMICAL AND POLYMER MANUFACTURING
(a) For the purposes of this Rule, the following definitions shall apply:
(1) "Closed vent system" means a system that is not open to the atmosphere and is composed of piping, connections, and if necessary, flow inducing devices that transport gas or vapor from a fugitive emission source to an enclosed combustion device or vapor recovery system.
(2) "Enclosed combustion device" means any combustion device that is not open to the atmosphere such as a process heater or furnace, but not a flare.
(3) "Fugitive emission source" means each pump, valve, safety/relief valve, open-ended valve, flange or other connector, compressor, or sampling system.
(4) "In gas vapor service" means that the fugitive emission source contains process fluid that is in the gaseous state at operating conditions.
(5) "In light liquid service" means that the fugitive emission source contains a liquid having:
(A) a vapor pressure of one or more of the components greater than 0.3 kilopascals at 20 degrees C; and
(B) a total concentration of the pure components having a vapor pressure greater than 0.3 kilopascals at 20 degrees C equal to or greater than 10 percent by weight, and the fluid is a liquid at operating conditions.
(6) "Open-ended valve" means any valve, except safety/relief valves, with one side of the valve seat in contact with process fluid and one side that is open to the atmosphere, either directly or through open piping.
(7) "Polymer manufacturing" means the industry that produces, as intermediates or final products, polyethylene, polypropylene, or polystyrene.
(8) "Process unit" means equipment assembled to produce, as intermediates or final products, polyethylene, polypropylene, polystyrene, or one or more of the chemicals listed in 40 CFR 60.489. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the final product.
(9) "Quarter" means a three-month period. The first quarter concludes at the end of the last full month during the 180 days following initial start-up.
(10) "Synthetic organic chemical manufacturing" means the industry that produces, as intermediates or final products, one or more of the chemicals listed in 40 CFR Part 60.489.
(b) This Rule applies to synthetic organic chemicals manufacturing facilities and polymer manufacturing facilities.
(c) The owner or operator of a synthetic organic chemical manufacturing facility or a polymer manufacturing facility shall not cause, allow, or permit:
(1) any liquid leakage of volatile organic compounds; or
(2) any gaseous leakage of volatile organic compound of 10,000 ppm or greater from any fugitive emission source.
The owner or operator of these facilities shall control emissions of volatile organic compounds from open-ended valves as described in Paragraph (f) of this Rule.
(d) The owner or operator shall visually inspect each week every pump in light liquid service. If there are indications of liquid leakage, the owner or operator shall repair the pump within 15 days after detection, except as provided in Paragraph (k) of this Rule.
(e) Using procedures in 15A NCAC 02D .2600, the owner or operator shall monitor each pump, valve, compressor and safety/relief valve in gas/vapor service or in light liquid service for gaseous leaks at least once each quarter. The owner or operator shall monitor safety/relief valves after each overpressure relief to ensure the valve has properly reseated. If a volatile organic compound concentration of 10,000 ppm or greater is measured, the owner or operator shall repair the component within 15 days after detection, except as provided in Paragraph (k) of this Rule. Exceptions to the quarterly monitoring frequency are provided for in Paragraphs (h), (i), and (j) of this Rule.
(f) The owner or operator shall install on each open-ended valve:
(1) a cap;
(2) a blind flange;
(3) a plug; or
(4) a second closed valve that shall remain attached to seal the open end at all times except during operations requiring process fluid flow through the opened line.
(g) If any fugitive emission source appears to be leaking on the basis of sight, smell, or sound, it shall be repaired within 15 days after detection, except as provided in Paragraph (k) of this Rule.
(h) If after four consecutive quarters of monitoring, no more than two percent of the valves in gas/vapor service or in light liquid service are found leaking more than 10,000 ppm of volatile organic compounds, then the owner or operator may monitor valves for gaseous leaks only every third quarter. If the number of these valves leaking more than 10,000 ppm of volatile organic compounds remains at or below two percent, these valves need only be monitored for gaseous leaks every third quarter. However, if more than two percent of these valves are found leaking more than 10,000 ppm of volatile organic compounds, they shall be monitored every quarter until four consecutive quarters are monitored that have no more than two percent of these valves leaking more than 10,000 ppm of volatile organic compounds.
(i) When a fugitive emission source is unsafe to monitor because of extreme temperatures, pressures, or other reasons, the owner or operator of the facility shall monitor the fugitive emission source only when process conditions are such that the fugitive emission source is not operating under extreme conditions. The Director may allow monitoring of these fugitive emission sources less frequently than each quarter, provided they are monitored at least once per year.
(j) Any fugitive emission source more than 12 feet above a permanent support surface shall be monitored once per year.
(k) The repair of a fugitive emission source may be delayed until the next turnaround if the repair is technically infeasible without a complete or partial shutdown of the process unit.
(l) The owner or operator of the facility shall maintain records in accordance with 15A NCAC 02D .0903, which shall include:
(1) an identification of the source being inspected or monitored;
(2) the dates of inspection or monitoring;
(3) the results of inspection or monitoring;
(4) the action taken if a leak was detected;
(5) the type of repair made and when it was completed; and
(6) if the repair was delayed, an explanation as to why.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. May 1, 1985;
Amended Eff. June 1, 2008; March 1, 1991; December 1, 1989;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.
15A NCAC 02D .0944 MANUFACTURE OF POLYETHYLENE: POLYPROPYLENE AND POLYSTYRENE
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "By-product and diluent recovery operation" means the process that separates the diluent from the by-product (atactic) and purifies and dries the diluent for recycle.
(2) "Continuous mixer" means the process that mixes polymer with anti-oxidants.
(3) "Decanter" means the process that separates the diluent/crude product slurry from the alcohol-water solution by decantation.
(4) "Ethylene recycle treater" means the process that removes water and other impurities from the recovered ethylene.
(5) "High-density polyethylene plants using liquid phase slurry processes" means plants that produce high-density polyethylene in which the product, polyethylene, is carried as a slurry in a continuous stream of process diluent, usually pentane or isobutane.
(6) "Neutralizer" means the process that removes catalyst residue from the diluent/crude product slurry.
(7) "Polypropylene plants using liquid phase process" means plants that produce polypropylene in which the product, polypropylene, is carried as a slurry in a continuous stream of process diluent, usually hexane.
(8) "Polystyrene plants using continuous processes" means plants that produce polystyrene in which the product, polystyrene, is transferred in a continuous stream in a molten state.
(9) "Product devolatilizer system" means the process that separates unreacted styrene monomer and by products from the polymer melt.
(10) "Reactor" means the process in which the polymerization takes place.
(b) This Rule applies to:
(1) polypropylene plants using liquid phase processes;
(2) high-density polyethylene plants using liquid phase slurry processes; and
(3) polystyrene plants using continuous processes.
(c) For polypropylene plants subject to this Rule, the emissions of volatile organic compounds shall be reduced by 98 percent by weight or to 20 ppm, whichever is less stringent, from:
(1) reactor vents;
(2) decanter vents;
(3) neutralizer vents;
(4) by-product and diluent recovery operation vents;
(5) dryer vents; and
(6) extrusion and pelletizing vents.
(d) For high-density polyethylene plants subject to this Rule, the emissions of volatile organic compounds shall be reduced by 98 percent by weight or to 20 ppm, whichever is less stringent, from:
(1) ethylene recycle treater vents;
(2) dryer vents; and
(3) continuous mixer vents.
(e) For polystyrene plants subject to this Rule, the emissions of volatile organic compounds shall not exceed 0.24 pounds per ton of product from the product devolatilizer system.
(f) If flares are used to comply with this Rule, all of the following conditions shall be met:
(1) visible emissions shall not exceed five minutes in any two-hour period;
(2) a flame in the flare shall be present;
(3) if the flame is steam-assisted or air-assisted, the net heating value shall be at least 300 Btu per standard cubic foot. If the flame is non-assisted, the net heating value shall be at least 200 Btu per standard cubic foot; and
(4) if the flare is steam-assisted or non-assisted, the exit velocity shall be no more than 60 feet per second. If the flare is air-assisted, the exit velocity shall be no more than (8.706 + 0.7084 HT) feet per second, where HT is the net heating value.
A flare that meets the conditions given in Subparagraphs (1) through (4) of this Paragraph are presumed to achieve 98 percent destruction of volatile organic compounds by weight. If the owner or operator of the source chooses to use a flare that fails to meet one or more of these conditions, he or she shall demonstrate to the Director that the flare shall destroy at least 98 percent of the volatile organic compounds by weight. To determine if the specifications for the flare are being met, the owner or operator of a source using the flare to control volatile organic compound emissions shall install, operate, and maintain necessary monitoring instruments and shall keep records as required by 15A NCAC 02D .0903.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. May 1, 1985;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.
15A NCAC 02D .0945 PETROLEUM DRY CLEANING
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Cartridge filter" means perforated canisters containing filtration paper or filter paper and activated carbon that are used in a pressurized system to remove solid particles and fugitive dyes from soil-laden solvent, together with the piping and ductwork used in the installation of this device.
(2) "Containers and conveyors of solvent" means piping, ductwork, pumps, storage tanks, and other ancillary equipment that are associated with the installation and operation of washers, dryers, filters, stills, and settling tanks.
(3) "Dry cleaning" means a process for the cleaning of textiles and fabric products in which articles are washed in a non-aqueous solution or solvent and then dried by exposure to a heated air stream.
(4) "Dryer" means a machine used to remove petroleum solvent from articles of clothing or other textile or leather goods, after washing and removing of excess petroleum solvent, together with the piping and ductwork used in the installation of this device.
(5) "Perceptible leaks" means any petroleum solvent vapor or liquid leaks that are visible, such as pools or droplets of liquid, open containers of solvent, or solvent laden waste standing open to the atmosphere, or bubble after application of a soap solution.
(6) "Petroleum solvent" means organic material produced by petroleum distillation comprising of a hydrocarbon range of eight to 12 carbon atoms per organic molecule that exists as a liquid under standard conditions.
(7) "Petroleum solvent dry cleaning" means a dry cleaning facility that uses petroleum solvent in a combination of washers, dryers, filters, stills, and settling tanks.
(8) "Settling tank" means a container that gravimetrically separates oils, grease, and dirt from petroleum solvent, together with the piping and ductwork used in the installation of the device.
(9) "Solvent filter" means a discrete solvent filter unit containing a porous medium which traps and removes contaminants from petroleum solvent, together with the piping and ductwork used in the installation of this device.
(10) "Solvent recovery dryer" means a class of dry cleaning dryers that employs a condenser to condense and recover solvent vapors evaporated in a closed-loop stream of heated air, together with the piping and ductwork used in the installation of this device.
(11) "Still" means a device used to volatilize, separate, and recover petroleum solvent from contaminated solvent, together with the piping and ductwork used in the installation of this device.
(12) "Washer" means a machine that agitates fabric articles in a petroleum solvent bath and spins the articles to remove the solvent, together with the piping and ductwork used in the installation of this device.
(b) This Rule applies to petroleum solvent washers, dryers, solvent filters, settling tanks, stills, and other containers and conveyors of petroleum solvent that are used in petroleum solvent dry cleaning facilities that consume 32,500 gallons or more of petroleum solvent annually.
(c) The owner or operator of a petroleum solvent dry cleaning dryer subject to this Rule shall:
(1) limit emissions of volatile organic compounds to the atmosphere to an average of 3.5 pounds of volatile organic compounds per 100 pounds dry weight of articles dry cleaned; or
(2) install and operate a solvent recovery dryer in a manner such that the dryer remains closed and the recovery phase continues until a final recovered solvent flow rate of 50 milliliters per minute is attained.
(d) The owner or operator of a petroleum solvent filter subject to this Rule shall:
(1) reduce the volatile organic compound content in all filter wastes to 1.0 pound or less per 100 pounds dry weight of articles dry cleaned, before disposal and exposure to the atmosphere; or
(2) install and operate a cartridge filter and drain the filter cartridges in their sealed housings for eight hours or more before their removal.
(e) The owner or operator of a petroleum solvent dry cleaning facility subject to this Rule shall inspect the facility every 15 days and shall repair all perceptible leaks within 15 business days after identifying the sources of the leaks. If the necessary repair parts are not on hand, the owner or operator shall order these parts within 15 business days and repair the leaks no later than 15 business days following the arrival of the necessary parts. The owner or operator shall maintain records, in accordance with 15A NCAC 02D .0903, of when the inspections were performed, what equipment was inspected, leaks found, repairs made, and when the repairs were completed.
(f) To determine compliance with Subparagraph (c)(1) of this Rule, the owner or operator shall use the appropriate test method in 15A NCAC 02D .2613(g) and shall:
(1) field calibrate the flame ionization analyzer with propane standards;
(2) determine in a laboratory the ratio of the flame ionization analyzer response to a given parts per million by volume concentration of propane to the response to the same parts per million concentration of the volatile organic compounds to be measured;
(3) determine the weight of volatile organic compounds vented to the atmosphere by:
(A) multiplying the ratio determined in Subparagraph (2) of this Paragraph by the measured concentration of volatile organic compound gas, as propane, as indicated by the flame ionization analyzer response output record;
(B) converting the parts per million by volume value calculated in Part (A) of this Subparagraph into a mass concentration value for the volatile organic compounds present; and
(C) multiplying the mass concentration value calculated in Part (B) of this Subparagraph by the exhaust flow rate; and
(4) calculate and record the dry weight of articles dry cleaned. The test shall be repeated for normal operating conditions that encompass at least 30 dryer loads that total not less than 4,000 pounds dry weight and represent a normal range of variation in fabrics, solvents, load weights, temperatures, flow rates, and process deviations.
(g) To determine compliance with Subparagraph (c)(2) of this Rule, the owner or operator shall verify that the flow rate of recovered solvent from the solvent recovery dryer at the termination of the recovery phase is no greater than 50 milliliters per minute. This one-time procedure shall be conducted for a duration of not less than two weeks during which not less than 50 percent of the dryer loads shall be monitored for their final recovered solvent flow rate. Near the end of the recovery cycle, the flow of recovered solvent shall be diverted to a graduated cylinder. The cycle shall continue until the minimum flow of solvent is 50 milliliters per minute. The type of articles cleaned and the total length of the cycle shall be recorded and retained in accordance with 15A NCAC 02D .0903.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. May 1, 1985;
Amended Eff. June 1, 2008;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.
15A NCAC 02D .0946 COMPLIANCE SCHEDULE: GASOLINE HANDLING
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. May 1, 1990;
Repealed Eff. April 1, 1997.
15A NCAC 02D .0947 MANUFACTURE OF SYNTHESIZED PHARMACEUTICAL PRODUCTS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Production equipment exhaust system" means a device for collecting and directing out of the work area fugitive emissions of volatile organic compounds from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from excessive exposure to volatile organic compounds.
(2) "Synthesized pharmaceutical products manufacturing" means manufacture of pharmaceutical products by chemical synthesis.
(b) This Rule applies to synthesized pharmaceutical products manufacturing facilities.
(c) The owner or operator of a synthesized pharmaceutical products manufacturing facility shall control the emissions of volatile organic compounds from:
(1) reactors, distillation operations, crystallizers, centrifuges, and vacuum dryers that have the potential to emit 15 pounds per day or more of volatile organic compounds with surface condensers that meet the requirements of Paragraph (e) of this Rule or equivalent controls;
(2) air dryers and production equipment exhaust system by reducing emissions of volatile organic compounds:
(A) by 90 percent if they are 330 pounds per day or more; or
(B) to 33 pounds per day if they are less than 330 pounds per day;
(3) storage tanks by:
(A) providing a vapor balance system or equivalent control that is at least 90 percent effective in reducing emissions from truck or railcar deliveries to storage tanks with capacities greater than 2,000 gallons storing volatile organic compounds with a vapor pressure greater than 4.1 pounds per square inch at 68° F; and
(B) installing pressure/vacuum conservation vents, which shall be set at plus or minus 0.8 inches of water unless a more effective control system is used, on all storage tanks that store volatile organic compounds with a vapor pressure greater than 1.5 pounds per square inch at 68°F;
(4) centrifuges containing volatile organic compounds, rotary vacuum filters processing liquid containing volatile organic compounds, and other filters having an exposed liquid surface where the liquid contains volatile organic compounds by enclosing those centrifuges and filters that contain or process volatile organic compounds with a vapor pressure of 0.5 pounds per square inch or more at 68°F; and
(5) in-process tanks by installing covers, which shall remain closed except when production, sampling, maintenance, or inspection procedures require operator access.
(d) The owner or operator of a synthesized pharmaceutical products manufacturing facility shall repair as expeditiously as possible all leaks from which liquid volatile organic compounds can be seen running or dripping. This repair shall take place at least within 15 days after which said leak is discovered, unless the leaking component cannot be repaired before the process is shutdown, in which case the leaking component must be repaired before the process is restarted.
(e) If surface condensers are used to comply with Subparagraph (c)(1) of this Rule, the condenser outlet temperature shall not exceed:
(1) -13°F when condensing volatile organic compounds of vapor pressure greater than 5.8 pounds per square inch at 68°F;
(2) 5°F when condensing volatile organic compounds of vapor pressure greater than 2.9 pounds per square inch at 68°F;
(3) 32°F when condensing volatile organic compounds of vapor pressure greater than 1.5 pounds per square inch at 68°F;
(4) 50°F when condensing volatile organic compounds of vapor pressure greater than 1.0 pounds per square inch at 68°F; or
(5) 77°F when condensing volatile organic compounds of vapor pressure greater than 0.5 pounds per square inch at 68°F.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0948 VOC EMISSIONS FROM TRANSFER OPERATIONS
(a) This Rule applies to operations transferring volatile organic compounds from a storage tank to cargo tanks or railroad tank cars not specified by 15A NCAC 02D .0926, .0927, or .0928.
(b) The owner or operator of a facility to which this Rule applies shall not load in any one day more than 20,000 gallons of volatile organic compounds with a vapor pressure of 1.5 pounds per square inch or greater under actual conditions into any cargo tank or railroad tank car from any loading operation unless the loading uses submerged loading through boom loaders extending down into the compartment being loaded or by other methods at least as efficient based on source testing or engineering calculations.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. July 1, 2000;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0949 STORAGE OF MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS
(a) This Rule applies to the storage of volatile organic compounds in stationary tanks, reservoirs, or other containers with a capacity greater than 50,000 gallons not regulated by 15A NCAC 02D .0925 or .0933.
(b) The owner or operator of any source shall not place, store, or hold in any stationary tank, reservoir, or other container with a capacity greater than 50,000 gallons, any liquid volatile organic compound with a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions unless such tank, reservoir, or other container:
(1) is a pressure tank capable of maintaining working pressures to prevent vapor gas loss into the atmosphere at all times; or
(2) is designed and equipped with one of the following vapor loss control devices:
(A) a floating pontoon, double deck type floating roof, or internal pan type floating roof equipped with closure seals to enclose any space between the cover's edge and compartment wall. This control equipment shall not be permitted for volatile organic compounds with a vapor pressure of 11.0 pounds per square inch absolute or greater under actual storage conditions. All tank gauging or sampling devices shall be gas-tight except when tank gauging or sampling is taking place; or
(B) a vapor recovery system or other equipment or means of air pollution control that reduces the emission of organic materials into the atmosphere by at least 90 percent by weight. All tank gauging or sampling devices shall be gas-tight except when tank gauging or sampling is taking place.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. July 1, 2000;
Readopted Eff. November 1, 2020;
Amended Eff. October 1, 2022.
15A NCAC 02D .0950 INTERIM STANDARDS FOR CERTAIN SOURCE CATEGORIES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. May 1, 1995;
Repealed Eff. July 1, 2000.
15A NCAC 02D .0951 RACT FOR SOURCES OF VOLATILE ORGANIC COMPOUNDS
(a) Facilities required to install reasonably available control technology pursuant to 15A NCAC 02D .0902(f) shall determine the emissions control level according to this Rule. If the only other applicable emissions control rule in this Section for the facility is 15A NCAC 02D .0958, then both this Rule and 15A NCAC 02D .0958 apply.
(b) This Rule does not apply to architectural or maintenance coatings.
(c) The owner or operator of any facility to which this Rule applies shall comply by either of the following:
(1) install and operate reasonably available control technology as set forth by category-specific emission standards defined in this Section; or
(2) install and operate alternative reasonably available control technology based on the Division's technical analysis of the information provided in Paragraph (d) of this Rule. All reasonably available control technology demonstrations, and any modifications or changes to those determinations, approved or determined by the Division pursuant to this Subparagraph and Paragraph (d) of this Rule, shall be submitted by the Division to the U.S. EPA as a revision to the State Implementation Plan. No reasonably available control technology demonstration, nor any modification or change to a demonstration, approved or determined by the Division pursuant to this Subparagraph, shall revise the State Implementation Plan or be used as a State Implementation Plan credit, until it is approved by the U.S. EPA as a state implementation plan revision.
(d) If the owner or operator of a facility chooses to install reasonably available control technology under Subparagraph (c)(2) of this Rule, the owner or operator shall submit to the Director:
(1) the name and location of the facility;
(2) information identifying the source for which a reasonably available control technology limitation or standard is being proposed;
(3) a demonstration that shows the proposed reasonably available control technology limitation or standard advances attainment equivalent to or better than application of requirements under Subparagraph (c)(1) of this Rule; and
(4) a proposal for demonstrating compliance with the proposed reasonably available control technology limitation or standard.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. May 1, 2013; September 1, 2010; July 1, 2000; July 1, 1996;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0952 PETITION FOR ALTERNATIVE CONTROLS FOR RACT
(a) This Rule applies to all sources regulated by this Section.
(b) If the owner or operator of any source of volatile organic compounds subject to the requirements of this Section can demonstrate that compliance with rules in this Section would be technologically or economically infeasible, he or she may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions.
(c) The petition shall include:
(1) the name and address of the company and the name and telephone number of the petitioner;
(2) a description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting equipment serves within the operations;
(3) reference to the specific operational and equipment controls under the rules of this Section for which alternative operational or equipment controls are proposed;
(4) a description of the proposed alternative operational or equipment controls, the magnitude of volatile organic compound emission reduction that will be achieved, and the quantity and composition of volatile organic compounds that will be emitted if the alternative operational or equipment controls are instituted;
(5) a plan, which will be instituted in addition to the proposed alternative operational or equipment controls, to reduce, where technologically and economically feasible, volatile organic compound emissions from other source operations at the facility, further than that required by the rules of this Section, if these sources exist at the facility, such that aggregate volatile organic compound emissions from the facility will in no case be greater through application of the alternative control than would be allowed through conformance with the rules of this Section;
(6) a schedule for the installation or institution of the alternative operational or equipment controls in conformance with 15A NCAC 02D .0909, as applicable; and
(7) certification that emissions of all other air contaminants from the subject source are in compliance with all applicable local, State, and federal laws and regulations.
The petition may include a copy of the permit application.
(d) The Director shall approve a petition for alternative control if:
(1) the petition is submitted in accordance with Paragraph (c) of this Rule;
(2) the Director determines that the petitioner cannot comply with the rules in question because of technological or economical infeasibility;
(3) all other air contaminant emissions from the facility are in compliance with, or under a schedule for compliance as expeditiously as practicable with, all applicable local, State, and federal regulations; and
(4) the petition contains a schedule for achieving and maintaining reduction of volatile organic compound emissions to the maximum extent feasible and as expeditiously as practicable.
(e) When controls different from those specified in the appropriate emission standards in this Section are approved by the Director, the permit shall contain a condition stating such controls.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1994;
Amended Eff. September 1, 2010; January 1, 2009; April 1, 2003; July 1, 1995; May 1, 1995;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0953 VAPOR RETURN PIPING FOR STAGE II VAPOR RECOVERY
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B-21.6;
Eff. July 1, 1994;
Amended Eff. July 1, 1998; July 1, 1996;
Repealed Eff. January 1, 2009.
15A NCAC 02D .0954 STAGE II VAPOR RECOVERY
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a); 150B-21.6;
Eff. May 1, 1995;
Amended Eff. April 1, 2003; April 1, 1997; July 1, 1996; April 1, 1996; May 1, 1995;
Repealed Eff. January 1, 2009.
15A NCAC 02D .0955 THREAD BONDING MANUFACTURING
(a) For the purpose of this Rule, the following definitions apply:
(1) "Capture hoods" means any device designed to remove emissions from the solution bath tray areas during the manufacturing process.
(2) "Curing" means exposing coated threads to high temperatures in an oven until the nylon solution mixture hardens, vaporizing the solvents, and bonds to the threads.
(3) "Day tanks" means holding tanks that contain nylon solution mixture ready for use.
(4) "Drying ovens" means any apparatus through which the coated threads are conveyed while curing.
(5) "Enclose" means to construct an area within the plant that has a separate ventilation system and is maintained at a slightly negative pressure.
(6) "Fugitive emissions" means emissions that cannot be collected and routed to a control system.
(7) "Nylon thread coating process" means a process in which threads are coated with a nylon solution and oven cured.
(8) "Permanent label" means a label that cannot be easily removed or defaced by any person.
(9) "Polyester solution mixture" means a mixture of polyester and solvents that is used for thread coating.
(10) "Storing" means reserving material supply for future use.
(11) "Thread bonding manufacturing" means coating single or multi-strand threads with plastic (nylon or polyester solution mixture) to impart properties such as additional strength and durability, water resistance, and moth repellency.
(12) "Transporting" means moving material supply from one place to another.
(b) This Rule shall apply to any thread bonding manufacturing facility with total uncontrolled exhaust emissions from nylon thread coating process collection hoods and drying ovens of volatile organic compounds (VOC) equal to or greater than 100 tons per year.
(c) Annual VOC emissions from each nylon thread coating process shall be determined by multiplying the hourly amount of VOC consumed by the total scheduled operating hours per year.
(d) Emissions from each nylon thread coating process subject to this Rule shall be reduced:
(1) by at least 95 percent by weight; or
(2) by installing a thermal incinerator with a temperature of at least 1600°F and a residence time of at least 0.75 seconds.
(e) The owner or operator of any thread bonding manufacturing facility shall:
(1) enclose the nylon thread coating process area of the plant to prevent fugitive emissions from entering other plant areas;
(2) store all VOC-containing materials in covered tanks or containers;
(3) ensure that equipment used for transporting or storing VOC containing material does not leak and that all lids and seals used by the equipment are kept in the closed position at all times except when in actual use;
(4) not cause or allow VOC-containing material to be splashed, spilled, or discarded in sewers;
(5) hold only enough nylon solution mixture in the day tanks to accommodate daily process times measured in hours; and
(6) place permanent and conspicuous labels on all equipment affected by Subparagraphs (3) through (5) of this Paragraph summarizing handling procedures described in these Subparagraphs for VOC-contaminated materials at the nylon thread coating process.
(f) The owner or operator of a thread bonding manufacturing facility shall notify the Director within 30 days after the calculated annual emissions of VOC from nylon thread coating processes equal or exceed 100 tons per year. The owner or operator shall submit within six months after such calculation a permit application including a schedule to bring the facility into compliance with this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a);
Eff. May 1, 1995;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0956 GLASS CHRISTMAS ORNAMENT MANUFACTURING
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Coating" means the application of a layer of material, either by dipping or spraying, in a relatively unbroken film onto glass Christmas ornaments.
(2) "Curing ovens" means any apparatus through which the coated glass Christmas ornaments are conveyed while drying.
(3) "Glass Christmas ornament" means any glass ornament that is coated with decorative exterior and is traditionally hung on Christmas trees.
(4) "Glass Christmas ornament manufacturing facility" means a facility that coats glass Christmas ornaments through the process of interior coating or exterior coating that uses either mechanical or hand-dipping methods, drying (curing), cutting, and packaging operations.
(5) "Mechanical coating lines" means equipment that facilitates mechanized dipping or spraying of a coating onto glass Christmas ornaments in which the neck of each ornament is held mechanically during the coating operation.
(6) "Solvent-borne coating" means a coating that uses organic solvents as an ingredient.
(b) This Rule applies to any curing ovens servicing the mechanical coating lines in the coating of glass Christmas ornaments at glass Christmas tree ornament manufacturing facilities with potential volatile organic compound (VOC) emissions of 100 tons per year or more.
(c) This Rule does not apply to glass Christmas ornament manufacturing facilities that do not use solvent-borne coating materials.
(d) Emissions of VOC from each curing oven shall be reduced by at least 90 percent by weight.
(e) If the owner or operator of a facility subject to this Rule chooses to use low VOC content, solvent-borne coatings to reduce emissions, the emission reduction from the use of these coatings shall be equivalent to that achieved using add-on controls.
(f) The owner or operator of a Christmas tree ornament manufacturing facility shall notify the Director within 30 days after the calculated annual emissions of VOC from the facility equal or exceed 100 tons per year. The owner or operator shall submit within six months after such calculation a permit application including a schedule to bring the facility into compliance with this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a);
Eff. May 1, 1995;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0957 COMMERCIAL BAKERIES
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Baking Oven" means an oven used at any time for the purpose of baking yeast-leavened products, including bread and rolls.
(2) "Commercial Bakery" means an establishment where bread and baked goods are produced.
(b) This Rule applies in accordance with 15A NCAC 02D .0902 to any baking oven at a commercial bakery with potential volatile organic compound (VOC) emissions of 100 tons per year or more. Daily volatile organic compound emissions shall be determined according to the calculation procedures in Paragraph (d) of this Rule.
(c) Emissions of VOC from baking ovens subject to this Rule shall be reduced by at least:
(1) 90 percent by weight; or
(2) 60 percent by weight, if biofiltration is used.
(d) Daily volatile organic compound emissions from each commercial baking oven in a commercial bakery shall be determined according to the following: EtOH = 0.40425 + 0.444585[(Y x T) + (S x t)], where:
(1) EtOH = pounds ethanol per ton of baked bread;
(2) Y = baker's percent yeast in sponge to the nearest tenth of a percent;
(3) T = total time of fermentation in hours to the nearest tenth of an hour;
(4) S = baker's percent of yeast added to dough to the nearest tenth of a percent; and
(5) t = proof time plus floor time in hours to the nearest tenth of an hour.
(e) The owner or operator of a commercial bakery shall notify the Director within 30 days after the calculated emissions of VOC from the bakery equal or exceed 100 tons per year. The owner or operator shall submit within six months after such calculation a permit application including a schedule to bring the facility into compliance with this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a);
Eff. May 1, 1995;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0958 WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC COMPOUNDS
(a) This Rule applies to all facilities that use volatile organic compounds as solvents, carriers, material processing media, or industrial chemical reactants, or in other similar uses, or that mix, blend, or manufacture volatile organic compounds, or emit volatile organic compounds as a product of chemical reactions.
(b) This Rule does not apply to:
(1) architectural or maintenance coatings; or
(2) sources subject to 40 CFR Part 63, Subpart JJ.
(c) The owner or operator of any facility subject to this Rule shall:
(1) store all material, including waste material, containing volatile organic compounds in containers covered with a tightly fitting lid that is free of cracks, holes, or other defects, when not in use;
(2) clean up spills as soon as possible following proper safety procedures;
(3) store wipe rags in closed containers;
(4) not clean sponges, fabric, wood, paper products, and other absorbent materials;
(5) drain solvents used to clean supply lines and other coating equipment into closable containers and close containers immediately after each use;
(6) clean mixing, blending, and manufacturing vats and containers by adding cleaning solvent and closing the vat or container before agitating the cleaning solvent. The spent cleaning solvent shall then be poured into a closed container.
(d) When cleaning parts, the owner or operator of any facility subject to this Rule shall:
(1) flush parts in the freeboard area;
(2) take precautions to reduce the pooling of solvent on and in the parts;
(3) tilt or rotate parts to drain solvent and allow a minimum of 15 seconds for drying or until all dripping has stopped, whichever is longer;
(4) not fill cleaning machines above the fill line;
(5) not agitate solvent to the point of causing splashing.
(e) The owner or operator of a source on which a control device has been installed shall continue to maintain and operate the control device unless the Director determines that the removal of the control device shall not cause or contribute to a violation of the ozone ambient air quality standard, as set forth in 15A NCAC 02D .0405.
(f) The owner or operator of a source that has complied with 15A NCAC 02D .0518 prior to July 1, 2000, by complying with a rule in this Section, shall continue to comply with that Rule unless the Director determines that if the source ceases to comply with that rule, it shall not cause or contribute to a violation of the ozone ambient air quality standard, as set forth in 15A NCAC 02D .0405.
(g) All sources at a facility subject to this Rule shall be permitted unless they are exempted from permitting by 15A NCAC 02Q .0102.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 2000;
Readopted Eff. November 1, 2020.
15a ncac 02d .0959 PETITION FOR SUPERIOR ALTERNATIVE CONTROLS
(a) This Rule applies to all sources regulated by this Section.
(b) If the owner or operator of any source of volatile organic compounds subject to the requirements of this Section can demonstrate that an alternative operational or equipment control is superior to the required control, he or she may petition the Director to allow the use of alternative operational or equipment controls for the reduction of volatile organic compound emissions.
(c) The petition shall include:
(1) the name and address of the company and the name and telephone number of the petitioner;
(2) a description of all operations conducted at the location to which the petition applies and the purpose that the volatile organic compound emitting equipment serves within the operations;
(3) reference to the specific operational and equipment controls under the rules of this Section for which alternative operational or equipment controls are proposed;
(4) a description of the proposed alternative operational or equipment controls, the magnitude of volatile organic compound emission reduction that will be achieved, and the quantity and composition of volatile organic compounds that will be emitted if the alternative operational or equipment controls are instituted; and
(5) certification that emissions of all other air contaminants from the subject source are in compliance with all applicable local, State, and federal laws and regulations.
The petition may include a copy of the permit application.
(d) The Director shall approve a petition for alternative control if:
(1) the petition is submitted in accordance with Paragraph (c) of this Rule;
(2) the Director determines that the proposed alternative operational or equipment control is superior to the required controls;
(3) all other air contaminant emissions from the facility are in compliance with, or under a schedule for compliance as expeditiously as practicable with, all applicable local, State, and federal regulations; and
(4) the petition contains a schedule for achieving and maintaining reduction of volatile organic compound emissions to the maximum extent feasible and as expeditiously as practicable.
(e) When controls different from those specified in the appropriate emission standards in this Section are approved by the Director, the permit shall contain a condition stating such controls.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 2003;
Readopted Eff. November 1, 2020.
15a ncac 02d .0960 cargo tank leak tester report
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5), (13);
Eff. April 1, 2003;
Amended Eff. July 1, 2007;
Readopted Eff. October 1, 2020;
Repealed Eff. November 1, 2023.
15A NCAC 02D .0961 OFFSET LITHOGRAPHIC PRINTING AND LETTERPRESS PRINTING
(a) For the purposes of this Rule, the definitions listed in this Paragraph and 15A NCAC 02D .0101 and .0902 shall apply.
(1) "Composite partial vapor pressure" means the sum of the partial pressure of the compounds defined as volatile organic compounds. Volatile organic compounds composite partial vapor pressure is calculated as follows:
[pic]
Where:
Wi = Weight of the "i" volatile organic compound, in grams
Ww = Weight of water, in grams
Wc = Weight of exempt compound, in grams
MWi = Molecular weight of the "i" volatile organic compound, in g/g-mole
MWw = Molecular weight of water, in g/g-mole
MWc = Molecular weight of exempt compound, in g/g-mole
PPc = Volatile organic compounds composite partial vapor pressure at 20 degrees Celsius (68 degrees Fahrenheit), in mm Hg
VPi = Vapor pressure of the "i" volatile organic compound at 20 degrees Celsius (68 degrees Fahrenheit), in mm Hg
(2) "First installation date" means the actual date when this control device becomes operational. This date does not change if the control device is later redirected to a new press.
(3) "Fountain solution" means water-based solution that applies to lithographic plate to render the non-image areas unreceptive to the ink.
(4) "Heatset" means any operation in which heat is required to evaporate ink oils from the printing ink, excluding ultraviolet (UV) curing, electron beam curing, and infrared drying.
(5) "Letterpress printing" means a printing process in which the image area is raised relative to the non-image area and the paste ink is transferred to the substrate directly from the image surface.
(6) "Non-heatset," also referred to as "coldset," means a lithographic printing process where the printing inks are set by absorption or oxidation of the ink oil, not by evaporation of the ink oils in a dryer. For the purposes of this Rule, use of an infrared heater or printing conducted using ultraviolet-cured or electron beam-cured inks is considered non-heatset.
(7) "Offset lithography" means a printing process that uses sheet-fed or web method of press feeding and transfers ink from the lithographic plate to a rubber-covered intermediate "blanket" cylinder and then from the blanket cylinder to the substrate.
(8) "Press" means a printing production assembly composed of one or more units used to produce a printed substrate including any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units.
(9) "Sheet-fed printing" means offset lithographic printing when individual sheets of paper or other substrate are fed to the press.
(10) "Web printing" means offset lithographic printing when continuous rolls of substrate material are fed to the press and rewound or cut to size after printing.
(b) This Rule applies to any offset lithographic and any letterpress printing operations sources that are not covered by 15A NCAC 02D .0966(c)(1) and whose emissions of volatile organic compounds exceed:
(1) the threshold established in 15A NCAC 02D .0902(b) and (f); or
(2) an equivalent level of three tons per 12-consecutive month rolling period.
(c) Volatile organic compounds content in the fountain solution for on-press (as-applied) heatset web offset lithographic printing shall meet one of the following requirements or the owner or operator may demonstrate a different method that achieves an equivalent or greater level of control to those listed in Subparagraphs (1) through (3) of this Paragraph, as determined in permit conditions:
(1) contain 1.6 percent alcohol or less, by weight, as applied, in the fountain solution:
(2) contain three percent alcohol or less, by weight, on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60 degrees Fahrenheit; or
(3) contain five percent alcohol substitute or less, by weight, on-press (as-applied) and no alcohol in the fountain solution.
(d) Volatile organic compounds content in the fountain solution for on-press (as-applied) sheet-fed lithographic printing shall meet one of the following requirements or the owner or operator may demonstrate a different method that achieves an equivalent or greater level of control to those listed in Subparagraphs (1) through (3) of this Paragraph, as determined in permit conditions:
(1) contain five percent alcohol or less, by weight, on-press (as-applied) in the fountain solution;
(2) contain 8.5 percent alcohol or less, by weight, on-press (as-applied) in the fountain solution if the fountain solution is refrigerated to below 60 degrees Fahrenheit; or
(3) contain five percent alcohol substitute or less, by weight, on-press (as-applied) and no alcohol in the fountain solution.
(e) Volatile organic compounds content in emissions from fountain solution from non-heatset web offset lithographic printing shall not exceed five percent alcohol substitute (by weight) on-press (as-applied) and contain no alcohol in the fountain solution.
(f) An owner or operator of an individual web offset lithographic printing press dryer or letterpress-printing heatset press subject to this Rule that has potential emissions of 25 or more tons per year of volatile organic compounds shall:
(1) use an enforceable limitation on potential emissions to keep individual heatset press below 25 tons per year potential to emit volatile organic compounds (petroleum ink oil) threshold, which shall be achieved by using inks and coatings that contain less than 31.25 tons per year volatile organic compound (petroleum ink oil) where 20 percent retention factor of petroleum ink oil applies, or by using other methods established by permit conditions; or
(2) use an add-on control system that meets one of the following requirements:
(A) reduces volatile organic compounds emissions from each dryer by at least 90 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was prior to July 1, 2010, at facilities with potential to emit 100 tons or more of volatile organic compounds per year;
(B) reduces volatile organic compounds emissions from each dryer by at least 90 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was prior to May 1, 2013, at facilities with potential to emit less than 100 tons of volatile organic compounds per year;
(C) reduces volatile organic compounds emissions from each dryer by at least 95 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was on or after July 1, 2010, at facilities with potential to emit 100 tons or more of volatile organic compounds per year;
(D) reduces volatile organic compounds emissions from each dryer by at least 95 percent volatile organic compounds emissions control efficiency established by procedures defined in Paragraph (h) of this Rule for a control device from heatset dryers whose first installation date was on or after May 1, 2013, at facilities with potential to emit less than 100 tons of volatile organic compounds per year; or
(E) maintains a maximum volatile organic compounds outlet concentration of 20 parts per million by volume (ppmv), as hexane (C6H14) on a dry basis.
(g) The control limits established in:
(1) Paragraphs (c), (d), and (e) of this Rule shall not be applied to any press with total fountain solution reservoir of less than one gallon;
(2) Paragraph (d) of this Rule shall not be applied to sheet-fed presses with maximum sheet size 11x 17 inches or smaller; and
(3) Subparagraph (f)(2) of this Rule shall not be applied to a heatset press used for book printing, or to a heatset press with maximum web width of 22 inches or less.
(h) If the owner or operator of a printing press is required by permit conditions to determine:
(1) the volatile organic compounds content, Method 24 of Appendix A to 40 CFR Part 60 or approved alternative methods pursuant to 15A NCAC 02D .2602(h) shall be used; and
(2) the control efficiency by measuring volatile organic compounds at the control device inlet and outlet, Methods 18, 25, or 25A of Appendix A to 40 CFR Part 60, or approved alternative methods pursuant to 15A NCAC 02D .2602(h) shall be used.
(i) All test methods defined in Paragraph (h) of this Rule shall be conducted at typical operating conditions and flow rates using the same day-to-day production prior to the test to ensure that the test results are representative of routine operations.
(j) The owner or operator of any facility subject to this Rule shall demonstrate compliance with RACT applicability requirements by calculating volatile organic compounds emissions and keep records of the basis of the calculations required by 15A NCAC 02D .0605 and .0903. Volatile organic compounds emissions from offset lithographic printing and letterpress printing shall be determined by permit condition requirements or by using the following retention and capture efficiency factors:
(1) the retention factors are:
(A) 20 percent for heatset petroleum ink oils;
(B) 100 percent for heatset vegetable ink oils;
(C) 95 percent for sheet-fed and coldset web petroleum ink oils; and
(D) 100 percent for sheet-fed and coldset web vegetable ink oils.
(2) the retention factor is 50 percent for low volatile organic compounds composite vapor pressure cleaning materials in shop towels where:
(A) volatile organic compounds composite vapor pressure of the cleaning material is less than 10 mm Hg at 20 degrees Celsius; and
(B) cleaning materials and used shop towels are kept in closed containers.
(3) carryover (capture) factors of volatile organic compounds from automatic blanket wash and fountain solution to offset lithographic heatset dryers are:
(A) 40 percent VOC carryover (capture) factor for automatic blanket washing when the volatile organic compounds composite vapor pressure of the cleaning material is less than 10mm Hg at 20 degrees Celsius.
(B) 70 percent VOC carryover (capture) factor for alcohol substitutes in fountain solution.
(4) capture efficiency for volatile organic compounds (petroleum ink oils) from oil-based paste inks and oil-based paste varnishes (coatings) in heatset web offset lithographic presses and heatset web letterpress presses shall be demonstrated by showing that the dryer is operating at negative pressure relative to the surrounding pressroom. As long as the dryer is operated at negative pressure, the capture efficiency for VOC from the heatset lithographic inks and varnishes (coatings) formulated with low volatility ink oils is 100 percent of the VOC (ink oils) volatilized in the dryer. Capture efficiency test is not required in this situation.
(k) Except as specified in this Paragraph, all cleaning materials used for cleaning a press, press parts, or to remove dried ink from areas around the press shall meet one of the following requirements:
(1) the volatile organic compounds content shall be less than 70 percent by weight; or
(2) composite partial vapor pressure of volatile organic compounds shall be less than 10 mm Hg at 20 degrees Celsius.
No more than 110 gallons per year of cleaning materials that do not meet the requirements of Subparagraph (k)(1) or (k)(2) of this Rule shall be used during any 12 consecutive months.
(l) The owner or operator of any facility subject to this Rule shall maintain the following records for a minimum of five years:
(1) parametric monitoring for processes and control devices as determined and at the frequency specified in the permit or by Paragraph (f) of this Rule;
(2) the total amount of each individual or class of fountain solution and ink used monthly for the printing operations and the percentage of volatile organic compounds, alcohol, and alcohol substitute as applied in it;
(3) the total amount of each individual or class of cleaning solutions used monthly with vapor pressure and the percentage of volatile organic compounds as applied in it;
(4) the total amount of cleaning solutions used monthly with the vapor pressure and the percentage of volatile organic compounds as applied not meeting the vapor pressure or percentage of volatile organic compounds as required in Paragraph (k) of this Rule;
(5) the temperature of fountain solutions for lithographic printing presses using alcohol at the frequency specified in the permit; and
(6) any other parameters required by the permit in accordance with 15A NCAC 02D .0605 and .0903.
(m) The owner or operator of any source subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1), (a)(4); 143-215.66; 143-215.107(a)(5);
Eff. September 1, 2010;
Amended Eff. May 1, 2013;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0962 INDUSTRIAL CLEANING SOLVENTS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Organic solvent" means a liquid hydrocarbon, such as methyl ethyl ketone or toluene, used to dissolve paints, varnishes, grease, oil, or other hydrocarbons.
(2) "Solvent cleaning" means the process of removing the excess penetrant from the surface or a part by wiping, flushing, or spraying with a solvent for the penetrant.
(3) "Wipe cleaning" means the method of cleaning that utilizes a material such as a rag wetted with a solvent, prior to a physical rubbing process to remove contaminants from surfaces.
(b) This Rule applies, with exemptions defined in Paragraphs (c) and (d) of this Rule, to sources whose volatile organic compound emissions exceed the threshold in 15A NCAC 02D .0902(b) from the following cleaning operations:
(1) spray gun cleaning;
(2) spray booth cleaning;
(3) large manufactured components cleaning;
(4) parts cleaning;
(5) equipment cleaning;
(6) line cleaning;
(7) floor cleaning;
(8) tank cleaning; and
(9) small manufactured components cleaning.
(c) Paragraph (e) of this Rule does not apply to any cleaning material used for cleaning operations covered by 15A NCAC 02D .0918, .0919, .0923, .0924, .0930, .0935, .0961, .0963, .0964, .0965, .0966, .0967, and .0968.
(d) Cleaning operations of portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills for manufacturing of coating, ink, or adhesive shall apply one or more of the following methods:
(1) use industrial cleaning solvents that either contain less than 1.67 pounds VOC per gallon or have an initial boiling point greater than 120 degrees Celsius, and where the initial boiling point exceeds the maximum operating temperature by at least 100 degrees Celsius. The industrial cleaning solvents shall be collected and stored in closed containers;
(2) implement the following work practices:
(A) maintain the equipment being cleaned as leak free;
(B) drain volatile organic compounds containing cleaning materials from the cleaned equipment upon completion of cleaning;
(C) store or dispose of volatile organic compounds containing cleaning materials, including waste solvent, in a manner that will prevent evaporation into atmosphere; and
(D) store all volatile organic containing cleaning materials in closed containers;
(3) collect and vent the emissions from equipment cleaning to an add-on control system as set forth in Paragraph (g) of this Rule; or
(4) use organic solvents other than listed in Subparagraph (d)(1) of this Rule if no more than 60 gallons of fresh solvent shall be used per month. Organic solvent reused or recycled either onsite or offsite for further use in equipment cleaning or the manufacture of coating, ink, or adhesive shall not be included in this limit.
(e) Any cleaning material of the cleaning operations listed in Paragraph (b) of this Rule shall have:
(1) volatile organic compounds content that does not exceed 0.42 pounds per gallon; or
(2) composite vapor limit of eight millimeters of mercury at 20 degrees Celsius.
(f) Method 24 of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used in industrial cleaning solvents operations, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(g) Facilities that have chosen to use add-on control shall install control equipment with 85 percent overall efficiency.
(h) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Amended Eff. May 1, 2013;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0963 FIBERGLASS BOAT MANUFACTURING MATERIALS
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Closed molding" means any fabrication techniques in which pressure is used to distribute the resin through the reinforcing fabric placed between two mold surfaces to either saturate the fabric or fill the mold cavity.
(2) "Monomer" means a volatile organic compound that partly combines with itself, or other similar compounds, by a cross-linking reaction to become part of the cured resin.
(3) "Open molding" means the open mold that is first spray-coated with a clear or pigmented polyester resin known as a gel coat. The gel coat will become the outer surface of the finished part.
(b) This Rule applies to a facility that manufactures hulls or decks of boats and related parts, builds molds to make fiberglass boat hulls or decks and related parts from fiberglass, or makes polyester resin putties for assembling fiberglass parts; and whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b) from sources for the following operations:
(1) open molding and gel coat operation, including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin;
(2) resins and gel coat mixing operations; and
(3) resins and gel coat application equipment cleaning operations.
(c) The following activities are exempted from the provisions of this Rule:
(1) surface coatings applied to fiberglass boats;
(2) surface coatings for fiberglass and metal recreational boats; and
(3) industrial adhesives used in the assembly of fiberglass boats.
(d) Volatile organic compounds content limits in resin and gel coat that are used for any molding operations listed in Paragraph (b) of this Rule and closed molding operations that do not meet the definition of monomer established in Subparagraph (a)(2) of this Rule, such as vacuum bagging operations, shall not exceed monomer volatile organic compounds limits established in Table 1:
Table 1. Organic Hazardous Air Pollutants Content Requirements for Open Molding Resin and Gel Coat Operations (40 CFR 63, Subpart VVVV)
|Material |Application Method |Limit of Weighted-Average Monomer VOC Content |
| | |(weight percent) |
|Production resin |Atomized (spray) |28 |
|Production resin |Nonatomized |35 |
|Pigmented gel coat |Any method |33 |
|Clear gel coat |Any method |48 |
|Tooling resin |Atomized |30 |
|Tooling resin |Nonatomized |39 |
|Tooling gel coat |Any method |40 |
The average monomer volatile organic compounds contents listed in the Table 1 shall be determined by using Equation 1 below:
[pic]
Where: Mi = mass of open molding resin or gel coat i used in the past 12 month in an operation in megagrams;
VOCi = monomer volatile organic compounds content, by weight percent, of open molding resin or gel coat
i used in the past 12 month in an operation;
n = number of different open molding resins or gel coats used in the past 12 months in an operation.
(e) The volatile organic compounds limits established in Paragraph (d) of this Rule are not applicable to:
(1) production resins, including skin coat resins, that meet specifications for use in military vessels or are approved by the U.S. Coast Guard for the use in the construction of lifeboats, rescue boats, and other lifesaving appliances approved under 46 CFR Subchapter Q, or the construction of small passenger vessels regulated by 46 CFR Subchapter T. Production resins that meet these criteria shall be applied with non-atomizing resin application equipment;
(2) production and tooling resins; and pigmented, clear, and tooling gel coat used for part or mold repair and touch up. Total resin and gel coat materials that meet these criteria shall not exceed one percent by weight of all resin and gel coat used at a facility on a 12-month rolling-average basis; or
(3) pure, 100-percent vinyl ester resin used for skin coats that are applied with non-atomizing resin application equipment and with the total amount of the resin materials not exceeding five percent by weight of all resin used at a factory on 12-month rolling-average basis.
(f) Any molding resin and gel coat operations listed in Paragraph (b) of this Rule that a facility chooses to include into average emissions among different operations to meet numerical monomer volatile organic compounds emission rate limits rather than to comply with the emission limits established in Paragraph (d) of this Rule shall use the following equations:
(1) to estimate a facility-specific monomer volatile organic compounds mass emission limit (12-month rolling average) use Equation 2 below:
Monomer VOC Limit = 46(MR) + 159(MPG) + 291(MCG) + 54(MTR) + 214(MTG)
Where:
Monomer VOC Limit = total allowable monomer volatile organic compounds that can be emitted from the open molding operations included in the average, in kilograms per 12-month period.
MR = mass of production resin in megagrams used in the past 12 months, excluding any materials that are exempt;
MPG = mass of pigmented gel coat in megagrams used in the past 12 months, excluding any materials that are exempt;
MCG = mass of clear gel coat in megagrams used in the past 12 months, excluding any materials that are exempt;
MTR= mass of tooling resin coat in megagrams used in the past 12 months, excluding any materials that are exempt;
MTG = mass of tooling gel coat in megagrams used in the past 12 months, excluding any materials that are exempt.
Estimates of average emissions shall be determined on a 12-month rolling average basis at the end of every month. The numerical coefficients associated with each term on the right hand side of Equation 2 are the allowable monomer volatile organic compounds emission rate for that particular material in units of kilograms of VOC per megagrams of material used.
(2) to determine if the monomer volatile organic compounds emissions from the operations included in the average do not exceed the emission limit calculated using Equation 2 from Subparagraph (f)(1) of this Rule for the same 12-month period use Equation 3 below:
Monomer VOC emissions = (PVR)(MR) + (PVPG)(MPG) + (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG)
Where:
Monomer VOC emissions = monomer volatile organic compounds emissions calculated using the monomer volatile organic compounds emission equation for each operation included in the average in kilograms;
PVR = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for production resin used in the past 12 months;
MR = Mass of production resin in megagrams used in the past 12 months;
PVPG = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for pigmented gel coat used in the past 12 months;
MPG = mass of pigmented gel coat in megagrams used in the past 12 months;
PVCG = weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for clear gel coat used in the past 12 months;
MCG = Mass of clear gel coat in megagrams used in the past 12 months;
PVTR = Weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for tooling resin used in the past 12 months;
MTR = Mass of tooling resin in megagrams used in the past 12 months;
PVTG = Weighted-average monomer volatile organic compounds emission rate in kilograms per megagram for tooling gel coat used in the past 12 months;
MTG = Mass of tooling gel coat in megagrams used in the past 12 months.
This demonstration shall be conducted at the end of the first 12-month averaging period and at the end of every subsequent month for only those operations that are included in the average.
(3) to compute the weighted-average monomer volatile organic compounds emission rate for the previous 12 months for each open molding resin and gel coat operation use Equation 4 below:
[pic]
Where:
PVOP = weighted-average monomer volatile organic compounds emission rate in kilograms of monomer volatile organic compounds per megagram of material applied for each open molding operation (PVR, PVPG, PVCG, PVTR, and PVTG) included in the average;
Mi = mass or resin or gel coat i in megagrams used within an operation in the past 12 months;
n = number of different open molding resins and gel coats used within an operation in the past 12 months;
PVi = the monomer volatile organic compounds emission rate for resin or gel coat i in kilograms of monomer volatile organic compounds per megagram of material applied used within an operation in the past 12 months. Equations in Table 2 shall be used to compute PV. The calculated averages from Equation 4 shall be used as the weighted-average values in Equation 3 in Subparagraph (f)(2) of this Rule.
Table 2. Compliant Materials Monomer Volatile Organic Compounds Content for Open Molding Resin and Gel Coat
|For this material |and this application method | |Use this formula to calculate the monomer VOC|
| | | |emission rate |
|1. Production resin, tooling resin |a. Atomized | |0.014 x (Resin VOC%)2.425 |
| |b. Atomized, plus vacuum | |0.01185 x (Resin VOC%)2.425 |
| |bagging with roll-out | | |
| |c. Atomized, plus vacuum | |0.00945 x (Resin VOC%)2.425 |
| |bagging without roll-out | | |
| |d. Nonatomized | |0.014 x (Resin VOC%)2.275 |
| |e. Nonatomized, plus vacuum | |0.0110 x (Resin VOC%)2.275 |
| |bagging with roll-out | | |
| |f. Nonatomized, plus vacuum | |0.0076 x (Resin VOC%)2.275 |
| |bagging without roll-out | | |
|2. Pigmented gel coat, clear gel coat, tooling gel coat|All methods | |0.445 x (Gel coat VOC%)1.675 |
(g) If the owner or operator of any facility with molding resin and gel coat operations listed in Paragraph (b) of this Rule chooses to use higher-monomer volatile organic compound materials rather than to comply with the emission limits established in Paragraph (d) of this Rule, they shall:
(1) install control equipment to meet the emission limit determined by Equation 2 in Subparagraph (f)(1) of this Rule, by applying the mass of each material used during the control device performance test in Equation 2 to determine the emission limit, in kilogram of monomer VOC, that is applicable during the test, instead of using the mass of each material as established in Subparagraph (f)(1) of this Rule;
(2) monitor and record relevant control device and capture system operating parameters during the control device performance test to use the recorded values to establish operating limits for those parameters; and
(3) monitor the operating parameters for the control device and emissions capture system and maintain the parameters within the established limits.
(h) Any molding resin and gel coat operations that use a filled production resin or filled tooling resin shall calculate the emission rate for the filled production resin or filled tooling resin on as-applied basis using Equation 5. If the filled resin:
(1) is used as a production resin then the value of PVF calculated by Equation 5 shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied;
(2) is used as a tooling resin then the value of PVF calculated by Equation 5 shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied; and
(3) is included in the emissions averaging procedure then the facility shall use the value of PVF calculated by Equation 5 below for the value PVi in Equation 4 in Subparagraph (f)(3) of this Rule.
[pic]
Where:
PVF = The as-applied monomer volatile organic compounds emission rate in kilograms monomer VOC per megagram of filled material for the filled production resin or tooling resin;
PVU = The monomer volatile organic compounds emission rate for the neat (unfilled) resin before filler is added, as calculated using the formulas in Table 2 of Subparagraph (f)(3) of this Rule.
%Filler = The weight-percent of filler in the as-applied filled resin system.
(i) All resins and gel coats included in volatile organic compounds limits described in Paragraphs (d) through (h) of this Rule shall meet the non-monomer volatile organic compounds content limit of five percent.
(j) If the non-monomer volatile organic compounds content of a resin or gel coat exceeds five percent, then the excess non-monomer volatile organic compounds over the five percent shall be counted toward the monomer volatile organic compounds content.
(k) SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins, revised April 1996 shall be used to determine the monomer volatile organic compounds content of resin and gel coat materials unless the facility maintains records to document the volatile organic compounds content of resin and gel coat materials from the manufacturer. This test method was developed by the South Coast Air Quality Management District and is incorporated by reference, excluding subsequent amendments or editions, and may be obtained free of charge online at .
(l) All resin and gel coat mixing containers with a capacity equal to or greater than 55 gallons, including those used for on-site mixing of putties and polyputties, shall have a cover with no visible gaps in place at all times except for the following operations:
(1) when material is being manually added to or removed from a container; or
(2) when mixing or pumping equipment is being placed or removed from a container.
(m) Volatile organic compounds cleaning solvents for routine application equipment cleaning shall contain no more than five percent volatile organic compounds by weight, or have a composite vapor pressure of no more than 0.50 mm Hg at 68 degrees Fahrenheit.
(n) Only non-volatile organic compounds solvents shall be used to remove cured resin and gel coat from application equipment.
(o) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0964 MISCELLANEOUS INDUSTRIAL ADHESIVES
(a) For the purpose of this Rule, the following definitions apply:
(1) "Air-assisted airless spray" means a system that consists of an airless spray gun with a compressed air jet at the gun tip to atomize the adhesive.
(2) "Airless spray" means the application using a pump forcing an adhesive through an atomizing nozzle at high pressure of 1,000 to 6,000 pounds per square inch.
(3) "Application process" means a process that consists of a series of one or more adhesive applicators and any associated drying area or oven where an adhesive is applied, dried, and cured.
(4) "Dip coating" means application where substrates are dipped into a tank containing the adhesive. The substrates are then withdrawn from the tank and any excess adhesive is allowed to drain.
(5) "Electrocoating" means a specialized form of dip coating where opposite electric charges are applied to the waterborne adhesive and the substrate.
(6) "Electrostatic spray" means application where the adhesive and substrate are oppositely charged.
(7) "Flow coating" means conveying the substrate over an enclosed sink where the adhesive is applied at low pressure as the item passes under a series of nozzles.
(8) "HVLP" means a system with specialized nozzles that provides better air and fluid flow than conventional air atomized spray systems at low air pressure, shape spray pattern, and guides high volumes of atomized adhesive particles to the substrate using lower air pressure of 10 pounds per square inch or less at the spray cap.
(9) "Miscellaneous industrial adhesives" means adhesives, including adhesive primers used in conjunction with certain types of adhesives, used at industrial manufacturing and repair facilities for a wide variety of products and equipment that operate adhesives application processes.
(10) "Roll coating," "brush coating," and "hand application" means application of high viscosity adhesives onto small surface areas.
(b) Control of volatile organic compounds emissions from miscellaneous industrial adhesives product categories covered by 15A NCAC 02D .0923, .0935, .0961, .0962, .0963, .0965, .0966, .0967, and .0968 are exempted from the requirements of this Rule.
(c) This Rule applies to miscellaneous industrial adhesive application sources whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b).
(d) With the exception established in Paragraph (b) of this Rule, all volatile organic compounds containing materials applied by each miscellaneous industrial adhesive application processes before control shall:
(1) not exceed limits established in Tables 1, 2, and 3 of this Rule; and
(2) be used in one of the following application methods in conjunction with using low volatile organic compounds adhesives or adhesive primers:
(A) electrostatic spray;
(B) HVLP spray;
(C) flow coat;
(D) roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application;
(E) dip coat including electrodes position;
(F) airless spray;
(G) air-assisted airless spray; or
(H) any other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.
(e) Emission limits established in Subparagraph (d)(1) of this Rule shall be:
(1) met by calculating the arithmetic mean of the volatile organic compounds content of materials used on a single application unit for each day; and
(2) calculated as mass of volatile organic compounds per volume of adhesive primer, excluding water and exempt compounds, as applied.
(f) If an adhesive is used to bond dissimilar substrates together in a general adhesive application process as set forth in Tables 1, 2, or 3, then the applicable substrate category with the highest volatile organic compounds emission limit shall be established as the limit for such application.
Table 1. Volatile Organic Compounds Emission Limits for General Adhesive Application Processes.
|General Adhesive Application Processes |VOC Emission Limit (lb/gal) |
|Reinforced Plastic Composite |1.7 |
|Flexible vinyl |2.1 |
|Metal |0.3 |
|Porous Material (Except Wood) |1 |
|Rubber |2.1 |
|Wood |0.3 |
|Other Substrates |2.1 |
Table 2. Volatile Organic Compounds Emission Limits for Specialty Adhesive Application Processes.
|Specialty Adhesive Application Processes |VOC Emission Limit (lb/gal) |
|Ceramic Tile Installation |1.1 |
|Contact Adhesive |2.1 |
|Cove Base Installation |1.3 |
|Floor Covering Installation (Indoor) |1.3 |
|Floor Covering Installation (Outdoor) |2.1 |
|Floor Covering Installation (Perimeter Bonded Sheet Vinyl) |5.5 |
|Metal to Urethane/Rubber Molding or Casting |7.1 |
|Motor Vehicle Adhesive |2.1 |
|Motor Vehicle Weatherstrip Adhesive |6.3 |
|Multipurpose Construction |1.7 |
|Plastic Solvent Welding (ABS) |3.3 |
|Plastic Solvent Welding (Except ABS) |4.2 |
|Sheet Rubber Lining Installation |7.1 |
|Single-Ply Roof Membrane Installation/Repair (Except EPDM) |2.1 |
|Structural Glazing |0.8 |
|Thin Metal Laminating |6.5 |
|Tire Repair |0.8 |
|Waterproof Resorcinol Glue |1.4 |
Table 3. Volatile Organic Compounds Emission Limits for Adhesive Primer Application Processes.
|Adhesive Primer Application Processes |VOC Emission Limit (lb/gal) |
|Motor Vehicle Glass Bonding Primer |7.5 |
|Plastic Solvent Welding Adhesive Primer |5.4 |
|Single-Ply Roof Membrane Adhesive Primer |2.1 |
|Other Adhesive Primer |2.1 |
(g) Any miscellaneous industrial adhesive application process subject to this Rule, which chooses to use add-on control for adhesive application processes rather than to comply with the emission limits established in Paragraph (d) of this Rule, shall install control equipment with overall control efficiency of 85 percent or use a combination of adhesives and add-on control equipment on an application process to meet limits established in Paragraph (d) of this Rule.
(h) EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of adhesives, other than reactive adhesives, as defined in 40 CFR 63.3981, and the procedure established in Appendix A of the NESHAP for surface coating of plastic parts (40 CFR Part 63, Subpart PPPP) shall be used to determine the volatile organic compounds content of reactive adhesives unless the facility maintains records to document the volatile organic compounds content of adhesives from the manufacturer.
(i) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020;
Amended Eff. November 1, 2023.
15A NCAC 02D .0965 FLEXIBLE PACKAGE PRINTING
(a) For the purpose of this Rule, the following definitions apply:
(1) "First installation date" means the actual date when the equipment or control device becomes operational. This date does not change if the equipment or control device is later moved to a new location.
(2) "Flexible Packaging" means any package or part of a package whose shape can be readily changed.
(3) "Flexographic printing" means a printing process in which an image is raised above the printing plate, and the image carrier is made of rubber or other elastomeric materials.
(4) "Rotogravure press" means an unwind or feed section, which may include:
(A) more than one unwind or feed station, such as on a laminator;
(B) a series of individual work stations, one or more of which is a rotogravure print station;
(C) any dryers associated with the work stations; and
(D) a rewind, stack, or collection section.
(5) "Rotogravure printing" means a printing process in which an image type and art is etched or engraved below the surface of a plate or cylinder.
(b) This Rule applies to flexible packaging printing press sources whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b).
(c) The volatile organic compounds content of materials used on any single flexible packaging printing press subject to this Rule shall not exceed 0.8 pounds volatile organic compounds per one pound of solids applied, or 0.16 pounds volatile organic compounds per one pound of materials applied limits. These volatile organic compounds content limits are consistent with 80 percent overall emissions reduction level and reflect similar control levels as the capture and control option.
(d) Any flexible packaging printing press that has chosen to use add-on control for coating operations rather than comply with the emission limits established in Paragraph (c) of this Rule shall install control equipment with:
(1) 65 percent overall control based on a capture efficiency of 75 percent and a control device efficiency of 90 percent for a press that was first installed prior to March 14, 1995 and that is controlled by an add-on control device whose first installation date was prior to July 1. 2010;
(2) 70 percent overall control based on a capture efficiency of 75 percent and a control device efficiency of 95 percent for a press that was first installed prior to March 14, 1995 and that is controlled by an add-on control device whose first installation date was on or after July 1, 2010;
(3) 75 percent overall control based on a capture efficiency of 85 percent and a control device efficiency of 95 percent for a press that was first installed on or after March 14, 1995 and that is controlled by an add-on control device whose first installation date was prior July 1, 2010; and
(4) 80 percent overall control based on a capture efficiency of 85 percent and a control device efficiency of 95 percent for a press that was first installed on or after March 14, 1995 and that is controlled by an add-on control device whose first installation date was on or after July 1, 2010.
(e) EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at flexible package printing facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0966 PAPER, FILM AND FOIL COATINGS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Paper, film, and foil coating line" means a series of coating applicators, flash-off areas, and any associated curing/drying equipment between one or more unwind/feed stations and one or more rewind/cutting stations.
(2) "Flexographic coating" means that the area to be coated is delineated by a raised surface on a flexible plate.
(3) "Rotary screen or flat screen coating" means the application of a coating material to a substrate by means of masking the surface and applying a color or finish using a screen either in flat form or rotary form.
(4) "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.
(b) This Rule applies to paper, film and foil surface coating operations sources, including related cleaning activity, whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b), at a facility that applies:
(1) paper, film, or foil surfaces in the manufacturing of products for pressure sensitive tape and labels, including fabric coated for use in pressure sensitive tapes and labels; photographic film; industrial and decorative laminates; abrasive products, including fabric coated for use in abrasive products; and flexible packaging, including coating of non-woven polymer substrates for use in flexible packaging; and
(2) coatings during coating applications for production of corrugated and solid fiber boxes; die-cut paper paperboard and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.
(c) The following types of coatings are not covered by this Rule:
(1) coatings performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press; or
(2) size presses and on-machine coaters that function as part of an in-line papermaking system.
(d) Emissions of volatile organic compounds from:
(1) pressure sensitive tape and label surface coating lines with the potential to emit, prior to controls, less than 25 tons per year of volatile organic compounds from coatings shall not exceed 0.20 pounds volatile organic compounds per pound of solids applied (0.067 pounds volatile organic compounds per pound of coating applied); and
(2) paper, film, and foil surface coating lines with the potential to emit, prior to controls, less than 25 tons per year of volatile organic compounds from coatings shall not exceed 0.40 pounds of volatile organic compounds per pound of solids (0.08 pounds volatile organic compounds per pound of coating applied).
Compliance shall be determined pursuant to 15A NCAC 02D .0912(c).
(e) EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at paper, film, and foil coatings facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f) Any individual paper, film, and foil coating line with the potential to emit, prior to controls, at least 25 tons per year of volatile organic compounds from coatings shall apply control with overall volatile organic compounds efficiency of 90 percent rather than the emission limits established in Paragraph (d) of this Rule or use a combination of coating and add-on control equipment on a coating unit to meet limits that are equivalent to 90 percent overall control efficiency.
(g) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0967 MISCELLANEOUS METAL AND PLASTIC PARTS COATINGS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Air dried coating" means a coating that is cured at a temperature below 90 degrees Celsius (194 degrees Fahrenheit).
(2) "Baked coating" means a coating that is cured at a temperature at or above 90 degrees Celsius (194 degrees Fahrenheit).
(3) "Clear coat" means a colorless coating that contains binders, but no pigment, and is formulated to form a transparent film.
(4) "Coating unit" means a series of one or more coating applicators and any associated drying area and oven where a coating is applied, dried, and cured.
(5) "Drum" means any cylindrical metal shipping container with a capacity greater than 12 gallons but less than 110 gallons.
(6) "Electric dissipating coating" means a coating that rapidly dissipates a high voltage electric charge.
(7) "Electric-insulating varnish" means a nonconvertible type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.
(8) "Etching filler" means a coating that contains less than 23 percent solids by weight and at least 1/2-percent acid by weight, and is used instead of applying a pretreatment coating followed by a primer.
(9) "Extreme high-gloss coating" means a coating which, when tested by the American Society for Testing Material Test Method D-523 adopted in 1980, shows a reflectance of 75 or more on a 60 degrees meter.
(10) "Extreme-performance coating" means a coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:
(A) Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures or solutions;
(B) Repeated exposure to temperatures in excess of 250 degrees Fahrenheit; or
(C) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.
Extreme performance coatings include coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks.
(11) "High-performance architectural coating" means a coating used to protect architectural subsections that meets the requirements of the Architectural Aluminum Manufacturer Association's publication number AAMA 2604-05: Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels or AAMA 2605-05: Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels. These performance requirements and test procedures are incorporated by reference, including subsequent amendments and editions. A copy of AAMA 2604-05 may be obtained free of charge at . A copy of AAMA 2605-05 may be obtained free of charge at .
(12) "Miscellaneous metal product and plastic parts surface coatings" means the coatings that are applied to the surfaces of a varied range of metal and plastic parts and products that are constructed either entirely or partially from metal or plastic. These miscellaneous metal products and plastic parts include metal and plastic components of the following types of products, as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavy duty trucks, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and other industrial and household products.
(13) "Multi-component coating" means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form a dry film.
(14) "One-component coating" means a coating that is ready for application as it comes out of its container to form a dry film. A thinner, necessary to reduce the viscosity, shall not be considered a component.
(b) This Rule applies to miscellaneous metal and plastic parts surface coating units whose volatile organic compounds emissions meet the threshold established in 15A NCAC 02D .0902(b) for coating and related cleaning activities of the following types of products:
(1) fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment;
(2) automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods;
(3) toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavy duty trucks, lawn and garden equipment;
(4) business machines, laboratory and medical equipment; and
(5) electronic equipment, steel drums metal pipes, and other industrial and household products.
(c) This Rule does not apply to:
(1) coatings that are applied to test panels and coupons as part of research and development, quality control;
(2) performance testing activities at paint research or manufacturing facility; or
(3) sources covered by 15A NCAC 02D .0922, .0923, .0935, .0961, .0962, .0963, .0964, .0965, .0966, and .0968.
(d) With the exception stated in Paragraph (c) of this Rule, emissions of volatile organic compounds before control for surface coating of:
(1) Metal parts and products shall not exceed limits as established in Table 1;
Table 1. Metal Parts and Products Volatile Organic Compounds Content Limits
|Coating Category |Air Dried |Baked |
| |lb VOC/gal coating |lb VOC/gal coating |
|General One Component; General Multi Component; Military Specification |2.8 |2.3 |
|Camouflage; Electric-Insulating Varnish; Etching Filler; High Temperature; |3.5 |3.5 |
|Metallic; Mold-Seal; Pan Backing; Pretreatment Coatings; Drum Coating, New, | | |
|Interior; Drum Coating, Reconditioned, Exterior; Silicone Release; | | |
|Vacuum-Metalizing | | |
|Extreme High-Gloss; Extreme Performance; Heat-Resistant; Repair and Touch Up; |3.5 |3.0 |
|Solar-Absorbent | | |
|High Performance Architectural |6.2 |6.2 |
|Prefabricated Architectural Multi-Component; Prefabricated Architectural |3.5 |2.3 |
|One-Component | | |
|Drum Coating, New, Exterior |2.8 |2.8 |
|Drum Coating, Reconditioned, Interior |4.2 |4.2 |
(2) Plastic parts and products shall not exceed limits as established in Table 2;
Table 2. Plastic Parts and Products Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal coating |
|General One Component |2.3 |
|General Multi Component; Metallic |3.5 |
|Electric Dissipating Coatings and Shock-Free Coatings; Optical Coatings; Vacuum-Metalizing |6.7 |
|Extreme Performance |3.5 (2-pack coatings) |
|Military Specification |2.8 (1 pack) |
| |3.5 (2 pack) |
|Mold-Seal |6.3 |
|Multi-colored Coatings |5.7 |
(3) automotive/transportation and business machine plastic parts shall not exceed limits as established in Table 3;
Table 3. Automotive/Transportation and Business Machine Plastic Parts Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal coating |
|Automotive/Transportation Coatings |
|I. High Bake Coatings – Interior and Exterior Parts |
|Non-flexible Primer |3.5 |
|Base Coats; Non-basecoat/clear coat; Flexible Primer |4.3 |
|Clear Coat |4.0 |
|II. Low Bake/Air Dried Coatings – Exterior Parts |
|Primers; Basecoat; Non-basecoat/clearcoat |4.8 |
|Clearcoats |4.5 |
|III. Low Bake/Air Dried Coatings – Interior Parts |5.0 |
|IV. Touchup and Repair Coatings |5.2 |
|Business Machine Coatings |
|Primers; Topcoat Texture Coat; Touchup and repair |2.9 |
|Fog Coat |2.2 |
(4) pleasure craft shall not exceed limits as established in Table 4;
Table 4. Pleasure Craft Surface Coating Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal coating |
|Extreme High Gloss Topcoat |4.1 |
|High Gloss Topcoat Finish; Primer/Surfacer; All other pleasure craft surface coatings for metal or plastic |3.5 |
|Pretreatment Wash Primers |6.5 |
|High Build Primer Surfacer; Other Substrate Antifoulant Coating |2.8 |
|Aluminum Substrate Antifoulant Coating |4.7 |
(5) motor vehicle materials shall not exceed limits as established in Table 5.
Table 5. Motor Vehicle Materials Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal coating |
|Motor vehicle cavity wax; Motor vehicle sealer; Motor vehicle deadener; Motor vehicle underbody coating; |5.4 |
|Motor vehicle trunk interior coating | |
|Motor vehicle gasket/gasket sealing material; Motor vehicle bedliner |1.7 |
|Motor vehicle lubricating wax/compound |5.8 |
(e) With the exception of motor vehicle materials coatings, any miscellaneous metal and plastic parts coatings operations facility may choose a combination of low volatile organic compounds coatings and add-on control equipment on a coating unit. Emissions of volatile organic compounds before control with such combination shall not exceed limits for surface coating of:
(1) Metal parts and products as established in Table 6;
Table 6. Metal Parts and Products Volatile Organic Compounds Content Limits
|Coating Category |Air Dried |Baked |
| |lb VOC/gal solids |lb VOC/gal solids |
|General One Component; General Multi Component; Military Specification |4.52 |3.35 |
|Etching Filler; High Temperature; Metallic; Mold-Seal; Pan Backing; Pretreatment |6.67 |6.67 |
|Coatings; Silicone Release; Drum Coating, New, Interior; Drum Coating, | | |
|Reconditioned, Exterior; Vacuum-Metalizing | | |
|Extreme High-Gloss; Extreme Performance; Heat-Resistant; Solar-Absorbent |6.67 |5.06 |
|High Performance Architectural |38.0 |38.0 |
|Prefabricated Architectural Multi-Component |6.67 |3.35 |
|Prefabricated Architectural One-Component |6.67 |3.35 |
|Solar-Absorbent |6.67 |5.06 |
|Drum Coating, New, Exterior |4.52 |4.52 |
|Drum Coating, Reconditioned, Interior |6.67 |9.78 |
(2) plastic parts and products as established in Table 7;
Table 7. Plastic Parts and Products Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal solids |
|General One Component |3.35 |
|General Multi Component; Metallic |6.67 |
|Electric Dissipating Coatings and Shock-Free Coatings Optical Coatings; Vacuum-Metalizing |74.7 |
|Extreme Performance |6.67 (2-pack) |
|Military Specification |4.52 (1 pack) |
| |6.67 (2 pack) |
|Mold-Seal |43.7 |
|Multi-colored Coatings |25.3 |
(3) automotive/transportation and business machine plastic parts as established in Table 8;
Table 8. Automotive/Transportation and Business Machine Plastic Parts Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal solids |
|Automotive/Transportation Coatings |
|I. High Bake Coatings – Interior and Exterior Parts |
|Flexible Primer |11.58 |
|Non-flexible Primer; Non-basecoat/clear coat |6.67 |
|Base Coats |10.34 |
|Clear Coat |8.76 |
|II. Low Bake/Air Dried Coatings – Exterior Parts |
|Primers |13.8 |
|Basecoat; Non-basecoat/clearcoat |15.59 |
|Clearcoats: |11.58 |
|III. Low Bake/Air Dried Coatings – Interior Parts |15.59 |
|IV. Touchup and Repair Coatings |17.72 |
|Business Machine Coatings |
|Primers; Topcoat; Texture Coat; Touchup and repair |4.8 |
|Fog Coat |3.14 |
(4) pleasure craft surface coatings as established in Table 9.
Table 9. Pleasure Craft surface Coatings Volatile Organic Compounds Content Limits
|Coating Category |lbs VOC/gal solids |
|Extreme High Gloss Topcoat |9.2 |
|High Gloss Topcoat; Finish Primer/Surfacer; All other pleasure craft surface coatings for metal or plastic |6.7 |
|Pretreatment Wash Primers |55.6 |
|Aluminum Substrate Antifoulant Coating |12.8 |
|High Build Primer Surfacer; Other Substrate Antifoulant Coating |4.4 |
(f) EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coating materials used at miscellaneous metal and plastic part coating facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(g) With the exception of motor vehicle materials coatings, any miscellaneous metal and plastic parts coatings operations facility may choose to use add-on control equipment with an overall control efficiency of 90 percent in lieu of using low-VOC coatings and specified application methods.
(h) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and 0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.
15A NCAC 02D .0968 AUTOMOBILE AND LIGHT DUTY TRUCK ASSEMBLY COATINGS
(a) For the purpose of this Rule, the following definitions apply:
(1) "Automobile" means a motor vehicle designed to carry up to eight passengers, excluding vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property.
(2) "Automobile Topcoat Protocol" means Protocol For Determining The Daily Volatile Organic Compound Emission Rate Of Automobile and Light-duty Truck Topcoat Operations (EPA-453/R-08-002) or 40 CFR Part 60, Subpart MM, Standards of Performance for Automobile and Light-Duty Truck Surface Coating Operations. The protocol document can be obtained free of charge at .
(3) "Electrodeposition" means a process of applying a protective, corrosion-resistant waterborne primer on exterior and interior surfaces that provides coverage of recessed areas. It is a dip coating method that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip tank.
(4) "Final repair" means the operations performed and coating(s) applied to completely assembled motor vehicles or to parts that are not yet on a completely assembled vehicle to correct damage or imperfections in the coating.
(5) "Light-duty truck" means vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property with a gross vehicle weight rating of 8,500 pounds or less.
(6) "Primer-surfacer" means an intermediate protective coating applied over the electrodeposition primer (EDP) and under the topcoat. Primer-surfacer provides adhesion, protection, and appearance properties to the total finish.
(7) "Solids turnover ratio (RT)" means the ratio of total volume of coating solids that is added to the EDP system in a calendar month divided by the total volume design capacity of the EDP system.
(b) This Rule applies to automobile and light-duty truck assembly coating operations and related cleaning activities whose emissions of volatile organic compounds meet the threshold established in 15A NCAC 02D .0902(b) at:
(1) automobile or light-duty assembly plants during the vehicle assembly processes with the following primary coating product applications:
(A) new automobile or new light-duty truck bodies, or body parts for new automobiles or new light-duty trucks;
(B) other parts that are coated along with these bodies or body parts; or
(C) additional coatings that include glass bonding primer, adhesives, cavity wax, sealer, deadener, gasket/gasket sealing material, underbody coating, trunk interior coating, bedliner, weatherstrip adhesive, and lubricating waxes/compounds; and
(2) facilities that perform coating operations on a contractual basis other than plastic or composites molding facilities.
(c) This Rule does not apply to:
(1) aerosol coatings of automobile and light-truck assembly coatings;
(2) coatings that are applied to other parts intended for use in new automobiles or new light-duty trucks, such as application of spray primer, color and clear coat to fascia or bumpers, on coating lines that are not related to the vehicle assembly process at automobile or light-duty assembly plants. Those coatings are regulated by 15A NCAC 02D .0964 and .0967; and
(3) aftermarket repair or replacement parts for automobiles or light-duty trucks that are regulated by 15A NCAC 02D .0964 and .0967.
(d) With the exception of materials supplied in containers with a net volume of 16 ounces or less, or a net weight of one pound or less, emissions of volatile organic compounds before control for:
(1) automobile and light-duty truck assembly coatings shall not exceed limits established in Table 1.
Table 1. Volatile Organic Compounds emission limits for automobile and light-duty truck assembly coatings.
|Assembly Coating Process |Volatile Organic Compounds Emission Limit |
|Electrodeposition primer (EDP) |When solids turnover |When 0.040 ≤ RT < 0.160 |When RT < 0.040; |
|operations, including application area, |ratio RT ≥ 0.160; | | |
|spray/rinse stations, and curing oven | | | |
| |0.7 lb/gal coatings |0.0840.160-RT x 8.34 lb/gal |No VOC emission limit. |
| |solids applied. |coating solids applied. | |
|Primer-surfacer operations, including |12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by |
|application area, flash-off area, and oven |following the procedures in the Automobile Topcoat Protocol |
|Topcoat operations, including |12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by |
|application area, flash-off area, and |following the procedures in the Automobile Topcoat Protocol |
|oven | |
|Final repair operations |4.8 lb VOC/gallon of coating less water and less exempt solvents on a daily weighted|
| |average basis or as an occurrence weighted average. |
|Combined primer-surfacer and topcoat |12.0 lb VOC/gal deposited solids on a daily weighted average basis as determined by |
|operations |following the procedures in the Automobile Topcoat Protocol |
(2) materials used at automobile and light-duty truck assembly coatings facilities shall not exceed limits established in Table 2.
Table 2. Volatile Organic Compounds emission limits for miscellaneous materials used at automobile and light-duty truck assembly coatings facilities.
|Material |VOC Emission Limit (grams of VOC per liter of coating |
| |excluding water and exempt compounds, as applied) |
|Automobile and light-duty truck glass bonding primer |900 |
|Automobile and light-duty truck adhesive |250 |
|Automobile and light-duty truck cavity wax |650 |
|Automobile and light-duty truck sealer |650 |
|Automobile and light-duty truck deadener |650 |
|Automobile and light-duty truck gasket/gasket sealing material |200 |
|Automobile and light-duty truck underbody coating |650 |
|Automobile and light-duty truck trunk interior coating |650 |
|Automobile and light-duty truck bedliner |200 |
|Automobile and light-duty truck weatherstrip adhesive |750 |
|Automobile and light-duty truck lubricating wax/compound |700 |
(e) EPA Method 24 or 25A of Appendix A to 40 CFR Part 60 shall be used to determine the volatile organic compounds content of coatings, other than reactive adhesives used at automobile and light-duty truck coating facilities, unless the facility maintains records to document the volatile organic compounds content of coating materials from the manufacturer.
(f) The emission limits established in Paragraph (d) of this Rule may be achieved with a combination of higher-solid solvent-borne coatings, efficient application equipment, and bake oven exhaust control.
(g) The owner or operator of any facility subject to this Rule shall comply with 15A NCAC 02D .0903 and .0958.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. September 1, 2010;
Readopted Eff. November 1, 2020.
SECTION .1000 - MOTOR VEHICLE EMISSION CONTROL STANDARD
15A NCAC 02D .1001 PURPOSE
This Section sets forth motor vehicle emission control standards in areas where a motor vehicle inspection and maintenance program is implemented pursuant to State law.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 143-215.107(a)(7);
Eff. December 1, 1982;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2018.
15a ncac 02d .1002 Applicability
(a) Until the events described in Paragraph (b) of this Rule occur, 15A NCAC 02D .1002 through .1006 shall be applicable to all light-duty gasoline vehicles for model years 1996 or more recent model years, excluding vehicles from the three most recent model years with less than 70,000 miles on their odometers, and shall apply to all vehicles that are:
(1) required to be registered by the North Carolina Division of Motor Vehicles in the counties identified in Paragraph (d) of this Rule;
(2) part of a fleet primarily operated within the counties identified in Paragraph (d) of this Rule; or
(3) otherwise required under G.S. 20-183.2(b)(5).
(b) On the first day of the month that is 60 days after the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the United States Environmental Protection Agency has approved an amendment to the North Carolina State Implementation Plan, 15A NCAC 02D .1002 through .1006 shall apply to all light-duty gasoline vehicles that are a model year within 20 years of the current year, excluding vehicles from the three most recent model years with less than 70,000 miles on their odometers, and to all vehicles that are:
(1) required to be registered by the North Carolina Division of Motor Vehicles in the counties identified in Paragraph (d) of this Rule;
(2) part of a fleet primarily operated within the counties identified in Paragraph (d) of this Rule; or
(3) otherwise required under G.S. 20-183.2(b)(5).
(c) 15A NCAC 02D .1002 through .1006 shall not apply to motorcycles, plug-in electric vehicles or fuel cell electric vehicles as specified in G.S. 20-183.2(b).
(d) The emission control standards of this Section shall become effective in the counties identified in G.S. 143-215.107A.
History Note: Authority G.S. 20-128.2(a); 20-183.2; 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 143-215.107(a)(7); 143-215.107A;
Eff. December 1, 1982;
Amended Eff. July 1, 1992; April 1, 1991;
Temporary Amendment Eff. January 1, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. January 1, 2014; August 1, 2002; July 1, 1994; July 1, 1993;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1003 DEFINITIONS
The following definitions of terms apply to 15A NCAC 02D .1002 through .1006 regulating either gasoline-powered or hybrid-powered motor vehicles:
(1) "Fuel Cell Electric Vehicle" means as defined in G.S. 20-4.01.
(2) "Gasoline-powered Motor Vehicle" means a four-wheeled motor vehicle designed primarily to be propelled by the burning of gasoline in an internal combustion engine.
(3) "Heavy-duty Gasoline Vehicle" means either a gasoline-powered or hybrid-powered motor vehicle which is designed primarily for:
(a) transportation of property and has a Gross Vehicle Weight Rating (GVWR) of more than 8,500 pounds but less than 14,001 pounds;
(b) transportation of persons and has a capacity of more than 12 persons; or
(c) use as a recreational motor vehicle that is designed primarily to provide temporary or permanent living quarters for travel, camping, or other recreational use and has a GVWR of more than 8,500 pounds.
(4) "Hybrid-powered Motor Vehicle" means a four-wheeled motor vehicle designed to be propelled by a combination of one or more electric motors and the burning of gasoline in an internal combustion engine.
(5) "Light-duty Gasoline Vehicle" means either a gasoline-powered or hybrid-powered motor vehicle which is designed primarily for:
(a) transportation of property and has a GVWR of 8,500 pounds or less; or
(b) transportation of persons and has a capacity of 12 persons or less.
(6) "Model year" means the year used to designate a discrete vehicle model, irrespective of the calendar year in which the vehicle was actually produced, provided that the production period does not exceed 24 months.
(7) "Motorcycle" means as defined in G.S. 20-4.01.
(8) "Motor Vehicle" means as defined in G.S. 20-4.01.
(9) "Plug-in Electric Vehicle" means as defined in G.S. 20-4.01.
(10) "Three most recent model years." For the purposes of 15A NCAC 02D .1002 through .1006, the term "three most recent model years" shall be calculated by adding three years to the vehicle's Vehicle Identification Number (VIN) or the registration card model year to determine the first calendar year an emissions inspection is required.
(11) "Vendor" means any person who sells or leases equipment to inspection stations that is used to perform on-board diagnostic tests to show compliance with 15A NCAC 02D .1005.
History Note: Authority G.S. 20-4.01; 143-215.3(a)(1);
Eff. December 1, 1982;
Amended Eff. February 1, 2014;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1004 TAILPIPE EMISSION STANDARDS FOR CO AND HC
History Note: Authority G.S. 20-128.2(a); 20-183.5; 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(6); 143-215.107(a)(7);
Eff. December 1, 1982;
Amended Eff. August 1, 2002; July 1, 1993; April 1, 1991; November 1, 1986; July 1, 1984;
Repealed Eff. July 1, 2007.
15A NCAC 02D .1005 ON-BOARD DIAGNOSTIC STANDARDS
(a) This Rule shall apply to vehicles as set forth in 15A NCAC 02D 1002.
(b) Vehicles covered under this Rule shall pass annually the on-board diagnostic test described in 40 CFR 85.2222. The vehicle shall fail the on-board diagnostic test if any of the conditions of 40 CFR 85.2207 are met. Equipment used to perform on-board diagnostic tests shall meet the requirements of 40 CFR 85.2231.
(c) The tester shall provide the owner of a vehicle that fails the on-board diagnostic test described in Paragraph (b) of this Rule a report of the test results. This report shall include the codes retrieved per 40 CFR 85.2223(a), the status of the malfunction indicator light illumination command, and the customer alert statement described in 40 CFR 85.2223(c).
(d) Persons performing on-board diagnostic tests shall provide the Division of Air Quality the data required by 40 CFR 51.365, Data Collection; 40 CFR 51.366, Data Analysis and Reporting; and 40 CFR 51.358, Test Equipment.
(e) Federal regulations cited in this Rule are incorporated by reference, including subsequent amendments and editions. All federal regulations referenced in this Rule can be accessed free of charge at .
History Note: Authority G.S. 20-128.2(a); 143-215.3(a)(1); 143-215.107(a)(6); 143-215.107(a)(7); 143-215.107A(b);
Eff. December 1, 1982;
Amended Eff. January 1, 2014; August 1, 2002; July 1, 1998; April 1, 1991; November 1, 1986;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1006 SALE AND SERVICE OF ANALYZERS
(a) Requirements. A vendor shall not sell or lease equipment unless it meets the requirements of 40 CFR 85.2231 Onboard Diagnostic Test Equipment Requirements, and has the software necessary to record and transmit the data required by the Division of Motor Vehicles and the Division of Air Quality to determine compliance with the inspection and maintenance program requirements of this Section.
(b) Hardware repair. When equipment hardware fails to meet the requirements of Paragraph (a) of this Rule for a particular analyzer, the vendor, after receiving a call from an inspection station to its respective service call center, shall communicate with the affected station within 24 hours and:
(1) If the hardware problem is stopping 20 percent or more inspections for a particular analyzer or is compromising the security of the inspection system, the vendor shall repair the problem within 48 hours after the initial call to its respective service call center.
(2) If the hardware problem is stopping less than 20 percent of all inspections for a particular analyzer and is not compromising the security of the inspection system, the vendor shall repair the problem within 72 hours after the initial call to its respective service call center.
(3) If the hardware problem is not stopping inspections and is not compromising the security of the inspection system, the vendor shall repair the problem within 96 hours after the initial call to its respective service call center.
(c) Software repair revisions. If analyzer software fails to meet the requirements of Paragraph (a) of this Rule, the vendor, after receiving a call from an inspection station to its respective service call center, shall communicate with the station within 24 hours. The vendor shall identify and characterize the software problem within five days. The vendor shall, within that same five-day period, inform the station owner and the Division as to the nature of the problem and the proposed corrective course of action; and:
(1) If the software problem is stopping 20 percent or more inspections for a particular analyzer or is compromising the security of the inspection system, the vendor shall submit a new revision of the software to the Division for approval within 19 days after receiving the initial call to its service call center.
(2) If the software problem is stopping less than 20 percent of all inspections for a particular analyzer and is not compromising the security of the inspection system, the vendor shall submit a new revision of the software to the Division for approval within 33 days after receiving the initial call to its service call center.
(3) The vendor shall distribute the new revision of the software to all affected stations within 14 days after the vendor receives written notification from the Division that the software has been approved as meeting the requirements of Paragraph (a) of this Rule.
(d) Documentation of the initial service call. The vendor's service call center shall assign a unique service response number to every reported new hardware or software problem. The time and date of the initial call shall be recorded and identified with the service response number. The service response number shall be communicated to the inspection station operator at the time of the initial contact.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6),(14);
Eff. January 1, 2007;
Amended Eff. January 1, 2014;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1008 Heavy Duty Diesel Engine Requirements
(a) Definitions. For the purposes of this Rule, the following definitions apply:
(1) "Heavy duty diesel engine," means any diesel engine used in a vehicle with a gross vehicle weight rating of 14,001 pounds and greater.
(2) "Model year" means model year as defined in 40 CFR Section 85.2302.
(b) Requirement. No model year 2005 or 2006 heavy duty diesel engine may be sold, leased, or registered within North Carolina unless it has been certified by the California Air Resources Board as meeting the requirements of Title 13 of the California Code of Regulations, Section 1956.8.
(c) Referenced Regulation. Title 13, Section 1956.8 of the California Code of Regulation is incorporated by reference, including subsequent amendments and editions. A copy of Title 13 of the California Code of Regulations, Section 1956.8, may be obtained free of charge via the internet from the Office of Administrative Law California Code of Regulations website at , or a hard copy may be obtained at a cost of five dollars ($5.00) from the Public Information Office, California Air Resources Board, P.O. Box 2815, Sacramento, CA, 95812.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6)-(7);
Eff. December 31, 2001 by Exec. Order No. 15;
Amended Eff. July 18, 2002;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1009 Model Year 2008 and Subsequent Model Year Heavy-Duty Diesel Vehicle Requirements
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(6)-(7);
Eff. December 1, 2004;
Repealed Eff. January 1, 2014.
15A NCAC 02D .1010 HEAVY-DUTY VEHICLE IDLING RESTRICTIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(7); 143-215.107(b);
Eff. July 10, 2010;
Repealed Eff. November 1, 2016.
SECTION .1100 - CONTROL OF TOXIC AIR POLLUTANTS
15A NCAC 02D .1101 PURPOSE
This Section sets forth the rules for the control of toxic air pollutants to protect human health.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1102 APPLICABILITY
(a) 15A NCAC 02D .1103 through .1108 apply to all facilities that emit a toxic air pollutant that are required to have a permit pursuant to 15A NCAC 02Q .0700. All other rules in this Section apply as specified therein.
(b) Sources at facilities subject to this Section shall comply with the requirements of this Section as well as with all applicable requirements in 15A NCAC 02D .0500, .0900, and .1200 with such exceptions as may be allowed pursuant to 15A NCAC 02Q .0700.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1),(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1998; December 1, 1991;
Readopted Eff. July 1, 2018.
15A NCAC 02d .1103 DEFINITION
For the purpose of this Section, the following definitions apply:
(1) "Asbestos" means asbestos fibers as defined in 40 CFR 61.141.
(2) "Bioavailable chromate pigments" means the group of chromium (VI) compounds consisting of calcium chromate (CAS No.13765-19-0), calcium dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2), strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No. 13530-65-9), and zinc dichromate (CAS No. 7789-12-0).
(3) "CAS Number" means the Chemical Abstract Service registry number identifying a particular substance.
(4) "Chromium (VI) equivalent" means the molecular weight ratio of the chromium (VI) portion of a compound to the total molecular weight of the compound multiplied by the associated compound emission rate or concentration at the facility.
(5) "Non-specific chromium (VI) compounds" means the group of compounds consisting of any chromium (VI) compounds not specified in this Section as a bioavailable chromate pigment or a soluble chromate compound.
(6) "Cresol" means o-cresol, p-cresol, m-cresol or any combination of these compounds.
(7) "GACT" means any generally available control technology emission standard applied to an area source or facility pursuant to Section 112 of the federal Clean Air Act.
(8) "Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of these compounds.
(9) "MACT" means any maximum achievable control technology emission standard applied to a source or facility pursuant to Section 112 of the federal Clean Air Act.
(10) "Nickel, soluble compounds" means the soluble nickel salts of chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4), and nitrate (Ni(NO3)2, CAS No. 13138-45-9).
(11) "Polychlorinated biphenyls" means any chlorinated biphenyl compound or mixture of chlorinated biphenyl compounds.
(12) "Soluble chromate compounds" means the group of chromium (VI) compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5), potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No. 7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate (CAS No. 10588-01-9).
(13) "Toxic air pollutant" means any of those carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants listed in 15A NCAC 02D .1104.
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. April 1, 2001; July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1104 TOXIC AIR POLLUTANT GUIDELINES
A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the facility's premises to any significant ambient air concentration that may adversely affect human health, except as allowed pursuant to 15A NCAC 02Q .0700. In determining these significant ambient air concentrations, the Division shall be governed by the following list of acceptable ambient levels in milligrams per cubic meter at 77( F (25( C) and 29.92 inches (760 mm) of mercury pressure, except for asbestos:
|Acceptable Ambient Levels (AAL) in Milligrams per Cubic Meter (mg/m3) Except Where Noted |
| | | | | |
|Pollutant (CAS Number) |Annual (Carcinogens) |24-hour |1-hour |1-hour |
| | |(Chronic |(Acute Systemic |(Acute |
| | |Toxicants) |Toxicants) |Irritants) |
| acetaldehyde (75-07-0) | | | |27 |
| acetic acid (64-19-7) | | | |3.7 |
| acrolein (107-02-8) | | | |0.08 |
| acrylonitrile (107-13-1) | |0.03 |1 | |
| ammonia (7664-41-7) | | | |2.7 |
| aniline (62-53-3) | | |1 | |
| arsenic and inorganic arsenic compounds |2.1 x 10-6 | | | |
| asbestos (1332-21-4) |2.8 x 10-6 fibers/ml | | | |
| aziridine (151-56-4) | |0.006 | | |
| benzene (71-43-2) |1.2 x 10-4 | | | |
| benzidine and salts (92-87-5) |1.5 x 10-8 | | | |
| benzo(a)pyrene (50-32-8) |3.3 x 10-5 | | | |
| benzyl chloride (100-44-7) | | |0.5 | |
| beryllium (7440-41-7) |4.1 x 10-6 | | | |
| beryllium chloride (7787-47-5) |4.1 x 10-6 | | | |
| beryllium fluoride (7787-49-7) |4.1 x 10-6 | | | |
| beryllium nitrate (13597-99-4) |4.1 x 10-6 | | | |
| bioavailable chromate pigments, as chromium (VI) |8.3 x 10-8 | | | |
|equivalent | | | | |
| bis-chloromethyl ether (542-88-1) |3.7 x 10-7 | | | |
| bromine (7726-95-6) | | | |0.2 |
| 1,3-butadiene (106-99-0) |4.4 x 10-4 | | | |
| cadmium (7440-43-9) |5.5 x 10-6 | | | |
| cadmium acetate (543-90-8) |5.5 x 10-6 | | | |
| cadmium bromide (7789-42-6) |5.5 x 10-6 | | | |
| carbon disulfide (75-15-0) | |0.186 | | |
| carbon tetrachloride (56-23-5) |6.7 x 10-3 | | | |
| chlorine (7782-50-5) | |0.0375 | |0.9 |
| chlorobenzene (108-90-7) | |2.2 | | |
| chloroform (67-66-3) |4.3 x 10-3 | | | |
| chloroprene (126-99-8) | |0.44 |3.5 | |
| cresol (1319-77-3) | | |2.2 | |
| p-dichlorobenzene (106-46-7) | | | |66 |
| di(2-ethylhexyl)phthalate (117-81-7) | |0.03 | | |
| dimethyl sulfate (77-78-1) | |0.003 | | |
| 1,4-dioxane (123-91-1) | |0.56 | | |
| epichlorohydrin (106-89-8) |8.3 x 10-2 | | | |
| ethyl acetate (141-78-6) | | |140 | |
| ethylenediamine (107-15-3) | |0.3 |2.5 | |
| ethylene dibromide (106-93-4) |4.0 x 10-4 | | | |
| ethylene dichloride (107-06-2) |3.8 x 10-3 | | | |
| ethylene glycol monoethyl ether | |0.12 |1.9 | |
|(110-80-5) | | | | |
| ethylene oxide (75-21-8) |2.7 x 10-5 | | | |
| ethyl mercaptan (75-08-1) | | |0.1 | |
| fluorides | |0.016 |0.25 | |
| formaldehyde (50-00-0) | | | |0.15 |
| hexachlorocyclopentadiene (77-47-4) | |0.0006 |0.01 | |
| hexachlorodibenzo-p-dioxin |7.6 x 10-8 | | | |
|(57653-85-7) | | | | |
| n-hexane (110-54-3) | |1.1 | | |
| hexane isomers except n-hexane | | | |360 |
| hydrazine (302-01-2) | |0.0006 | | |
| hydrogen chloride (7647-01-0) | | | |0.7 |
| hydrogen cyanide (74-90-8) | |0.14 |1.1 | |
| hydrogen fluoride (7664-39-3) | |0.03 | |0.25 |
| hydrogen sulfide (7783-06-4) | |0.12 | | |
| maleic anhydride (108-31-6) | |0.012 |0.1 | |
| manganese and compounds | |0.031 | | |
| manganese cyclopentadienyl tricarbonyl | |0.0006 | | |
|(12079-65-1) | | | | |
| manganese tetroxide (1317-35-7) | |0.0062 | | |
| mercury, alkyl | |0.00006 | | |
| mercury, aryl and inorganic compounds | |0.0006 | | |
| mercury, vapor (7439-97-6) | |0.0006 | | |
| methyl bromide (74-83-9) |0.005a |1.0 | | |
| methyl chloroform (71-55-6) | |12 | |245 |
| methylene chloride (75-09-2) |2.4 x 10-2 | |1.7 | |
| methyl ethyl ketone (78-93-3) | |3.7 | |88.5 |
| methyl isobutyl ketone (108-10-1) | |2.56 | |30 |
| methyl mercaptan (74-93-1) | | |0.05 | |
| nickel carbonyl (13463-39-3) | |0.0006 | | |
| nickel metal (7440-02-0) | |0.006 | | |
| nickel, soluble compounds, as nickel | |0.0006 | | |
| nickel subsulfide (12035-72-2) |2.1 x 10-6 | | | |
| nitric acid (7697-37-2) | | | |1 |
| nitrobenzene (98-95-3) | |0.06 |0.5 | |
| n-nitrosodimethylamine (62-75-9) |5.0 x 10-5 | | | |
| non-specific chromium (VI) compounds, as chromium|8.3 x 10-8 | | | |
|(VI) equivalent | | | | |
| pentachlorophenol (87-86-5) | |0.003 |0.025 | |
| perchloroethylene (127-18-4) |1.9 x 10-1 | | | |
| phenol (108-95-2) | | |0.95 | |
| phosgene (75-44-5) | |0.0025 | | |
| phosphine (7803-51-2) | | | |0.13 |
| polychlorinated biphenyls |8.3 x 10-5 | | | |
|(1336-36-3) | | | | |
| soluble chromate compounds, as chromium (VI) | |6.2 x 10-4 | | |
|equivalent | | | | |
| styrene (100-42-5) | | |10.6 | |
| sulfuric acid (7664-93-9) | |0.012 |0.1 | |
| tetrachlorodibenzo-p-dioxin |3.0 x 10-9 | | | |
|(1746-01-6) | | | | |
| 1,1,2,2-tetrachloroethane (79-34-5) |6.3 x 10-3 | | | |
| toluene (108-88-3) | |4.7 | |56 |
| toluene diisocyanate, 2,4- (584-84-9) and 2,6- | |0.0002 | | |
|(91-08-7) isomers | | | | |
| trichloroethylene (79-01-6) |5.9 x 10-2 | | | |
| vinyl chloride (75-01-4) |3.8 x 10-4 | | | |
| vinylidene chloride (75-35-4) | |0.12 | | |
| xylene (1330-20-7) | |2.7 | |65 |
a This compound has not been defined as a carcinogen.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3); 143-215.107(a)(4); 143-215.107(a)(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. September 1, 1992; March 1, 1992;
Temporary Amendment Eff. July 20, 1997;
Amended Eff. July 7, 2014; May 1, 2014; March 1, 2010; June 1, 2008; April 1, 2005; April 1, 2001; July 1, 1998;
Readopted Eff. July 1, 2018;
Amended Eff. November 1, 2020.
15A NCAC 02D .1105 FACILITY REPORTING, RECORDKEEPING
The Director may require, pursuant to 15A NCAC 02D .0600, the owner or operator of a source subject to this Section to monitor emissions of toxic air pollutants, to maintain records of these emissions, and to report these emissions. The owner or operator of any toxic air pollutant emission source subject to the requirements of this Section shall comply with the monitoring, recordkeeping, and reporting requirements in 15A NCAC 02D .0600.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. April 1, 1999; October 1, 1991;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1106 DETERMINATION OF AMBIENT AIR CONCENTRATION
(a) Modeling shall not be used for enforcement. Modeling shall be used to determine process operational and air pollution control parameters and emission rates for toxic air pollutants to place in the air quality permit for that facility that will prevent any of the acceptable ambient levels in 15A NCAC 02D .1104 from being exceeded, except as allowed pursuant to 15A NCAC 2Q .0700. Enforcing these permit stipulations and conditions shall be the mechanism used to ensure that the requirements of 15A NCAC 02D .1104, except as allowed by 15A NCAC 2Q .0700, are met.
(b) The owner or operator of the facility may provide a modeling analysis or may request the Division to perform a modeling analysis of the facility. If the owner or operator of the facility requests the Division to perform the modeling analysis, the owner or operator shall provide emissions rates, stack parameters, and other information that the Division needs to conduct the modeling. The data that the owner or operator of the facility provides the Division to use in the model or in deriving the data used in the model shall be the process, operational, and air pollution control equipment parameters and emission rates that will be contained in the facility's permit. If the Division's initial review of the modeling request indicates extensive or inappropriate use of state resources, or if the Division's modeling analysis fails to show compliance with the acceptable ambient levels in 15A NCAC 02D .1104, the modeling demonstration shall become the responsibility of the owner or operator of the facility.
(c) When the owner or operator of the facility is responsible for providing the modeling demonstration and the data used in the modeling, the owner or operator of the facility shall use in the model or in deriving data used in the model the process operational and air pollution control equipment parameters and emission rates that will be contained in his or her permit. Sources that are not required to be included in the model shall not be included in the permit to emit toxic air pollutants.
(d) For the following pollutants, modeled emission rates shall be based on the highest emissions occurring in any 15-minute period. The resultant modeled one-hour concentrations shall then be compared to the applicable one-hour acceptable ambient levels to determine compliance:
(1) acetaldehyde (75-07-0);
(2) acetic acid (64-19-7);
(3) acrolein (107-02-8);
(4) ammonia (7664-41-7);
(5) bromine (7726-95-6);
(6) chlorine (7782-50-5);
(7) formaldehyde (50-00-0);
(8) hydrogen chloride (7647-01-0);
(9) hydrogen fluoride (7664-39-3); and
(10) nitric acid (7697-37-2).
(e) The owner or operator of the facility and the Division may use any model allowed by 40 CFR Part 51, Appendix W, if the model is appropriate for the facility being modeled. The owner or operator or the Division may use a model other than one allowed by 40 CFR Part 51, Appendix W if the model is equivalent to the model allowed by 40 CFR Part 51, Appendix W.
(f) Ambient air concentrations shall be evaluated for annual periods over a calendar year, for 24-hour periods from midnight to midnight, and for one-hour periods beginning on the hour.
(g) The owner or operator of the facility shall identify each toxic air pollutant emitted and its corresponding emission rate using mass balancing analysis, source testing, or other methods that provides an equivalently accurate estimate of the emission rate.
(h) The owner or operator of the facility shall either submit a modeling plan prior to submitting modeling or submit a model protocol checklist with modeling to the Director. The modeling plan or protocol checklist shall include:
(1) a diagram of the plant site, including locations of all stacks and associated buildings;
(2) on-site building dimensions;
(3) a diagram showing property boundaries, including a scale, key, and north indicator;
(4) the location of the site on a United States Geological Survey (USGS) map;
(5) discussion of good engineering stack height and building wake effects for each stack;
(6) discussion of cavity calculations, impact on rolling and complex terrain, building wake effects, and urban or rural considerations;
(7) discussion of reasons for model selection;
(8) discussion of meteorological data to be used;
(9) discussion of sources emitting the pollutant that are not to be included in the model with an explanation of why they are being excluded, including why the source will not affect the modeling analysis; and
(10) any other pertinent information.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1107 MULTIPLE FACILITIES
(a) If an acceptable ambient level in 15A NCAC 02D .1104 is exceeded because of emissions of two or more facilities and if public exposure is such that human health may be adversely affected, the Commission shall require the subject facilities to apply additional controls or to otherwise reduce emissions. In considering whether human health may be adversely affected, the Commission shall consider one or more of the following:
(1) an emission inventory;
(2) ambient monitoring;
(3) modeling; or
(4) an epidemiological study.
(b) The allocation to the facilities of additional controls or reductions shall be based on their relative contributions to the pollutant concentrations unless the owners or operators agree otherwise.
(c) The owner or operator of a facility shall not be required to conduct the multi-facility ambient impact analysis described in Paragraph (a) of this Rule. This type of analysis shall be done by the Division. In performing its analysis, the Division shall:
(1) develop a modeling plan that includes the elements set out in 15A NCAC 02D .1106(h);
(2) use for the source modeling parameters:
(A) the modeling parameters used by the owner or operator of the source in his or her modeling demonstration; or
(B) parameters contained in or derived from data contained in the source's permit if a modeling demonstration has not been done or if a needed parameter has not been used in the modeling demonstration;
(3) use a model allowed by 15A NCAC 02D .1106(e);
(4) use the time periods required by 15A NCAC 02D .1106(f); and
(5) only consider impacts of a facility's emissions beyond the premises of that facility.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282;
Eff. May 1, 1990;
Amended Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1108 MULTIPLE POLLUTANTS
If the Commission has evidence that two or more toxic air pollutants being emitted from a facility or combination of facilities act in the same way to affect human health so that their effects may be additive or enhanced and that public exposure is such that human health may be adversely affected, then the Commission shall consider developing acceptable ambient levels for the combination of toxic air pollutants or other appropriate control measures.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282;
Eff. May 1, 1990;
Readopted Eff. July 1, 2018.
15a ncac 02d .1109 112(j) CASE-BY-CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a) Applicability. This Rule shall apply only to sources of hazardous air pollutants required to have a permit pursuant to 15A NCAC 02Q .0500 and as described in 40 CFR 63.50. This Rule does not apply to research or laboratory activities as defined in Paragraph (b) of this Rule.
(b) Definitions. For the purposes of this Rule, the definitions in 40 CFR 63.2, 63.51, 15A NCAC 02Q .0526, and the following apply:
(1) "Affected source" means the collection of equipment, activities, or both within a single contiguous area and under common control that is in a Section 112(c) source category or subcategory for which the Administrator has failed to promulgate an emission standard by the Section 112(j) deadline, and that is addressed by an applicable MACT emission limitation established pursuant to 40 CFR Part 63 Subpart B.
(2) "Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants including measures that:
(A) reduce the quantity or eliminate the emissions of such pollutants through process changes, substitution of materials, or other modifications;
(B) enclose systems or processes to eliminate emissions;
(C) collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emission point;
(D) are design, equipment, work practice, or operational standards, including requirements for operator training or certification, as provided in 42 USC 7412(h); or
(E) are a combination of Parts (A) through (D) of this definition.
(3) "EPA" means the United States Environmental Protection Agency or its Administrator.
(4) "Hazardous air pollutant" means any pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.
(5) "MACT" means maximum achievable control technology.
(6) "Maximum achievable control technology" means:
(A) for existing sources,
(i) a MACT standard that EPA has proposed or promulgated for a particular category of facility or source;
(ii) the average emission limitation achieved by the best performing 12 percent of the existing facilities or sources for which EPA has emissions information if the particular category of source contains 30 or more sources; or
(iii) the average emission limitation achieved by the best performing five facilities or sources for which EPA has emissions information if the particular category of source contains fewer than 30 sources; or
(B) for new sources, the maximum degree of reduction in emissions that is deemed achievable but not less stringent than the emission control that is achieved in practice by the best controlled similar source.
(7) "MACT floor" means:
(A) for existing sources:
(i) the average emission limitation achieved by the best performing 12 percent of the existing sources for which EPA has emissions information, excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction that complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate, as defined in Section 171 of the federal Clean Air Act, applicable to the source category or subcategory for categories and subcategories with 30 or more sources; or
(ii) the average emission limitation achieved by the best performing five sources for which EPA has emissions or could reasonably obtain emissions information in the category or subcategory for categories or subcategories with fewer than 30 sources;
(B) for new sources, the emission limitation achieved in practice by the best controlled similar source.
(8) "New affected source" means a collection of equipment, activities, or both that was constructed after the issuance of a Section 112(j) permit for the source pursuant to 40 CFR 63.52 and is subject to the applicable MACT emission limitation for new sources. Each permit shall define the term "new affected source" that will be the same as the "affected source" unless a different collection is warranted based on consideration of factors including:
(A) the emission reduction impacts of controlling individual sources versus groups of sources;
(B) the cost effectiveness of controlling individual equipment;
(C) the flexibility to accommodate common control strategies;
(D) the cost and benefits of emissions averaging;
(E) the incentives for pollution prevention;
(F) the feasibility and cost of controlling processes that share common equipment such as product recovery devices; and
(G) the feasibility and cost of monitoring.
(9) "New facility" means a facility for which construction is commenced after the Section 112(j) deadline or after the proposal of a relevant standard pursuant to Section 112(d) or (h) of the Federal Clean Air Act, whichever comes first.
(10) "Research or laboratory activities" means activities whose primary purpose is to conduct research and development into new processes and products if the activities are operated under the supervision of technically trained personnel and are not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner, and if the source is not in a source category specifically addressing research or laboratory activities that is listed pursuant to Section 112(c)(7) of the Clean Air Act.
(11) "Section 112(j) deadline" means the date 18 months after the date for which a relevant standard is scheduled to be promulgated pursuant to 40 CFR Part 63, except that for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1994, the Section 112(j) deadline is November 15, 1996, and for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1997, the Section 112(j) deadline is December 15, 1999.
(12) "Similar source" means that equipment or collection of equipment that, by virtue of its structure, operability, type of emissions, and volume and concentration of emissions, is substantially equivalent to the new affected source and employs control technology for control of emissions of hazardous air pollutants that is practical for use on the new affected source.
(c) Missed promulgation dates: 112(j). If EPA fails to promulgate a standard for a category of source pursuant to Section 112 of the Federal Clean Air Act by the date established pursuant to Sections 112(e)(1) or (3) of the federal Clean Air Act, the owner or operator of any source in such category shall submit, within 18 months after such date, a permit application, in accordance with the procedures in 15A NCAC 02Q .0526, to the Director and to EPA to apply MACT to such sources. Sources subject to this Paragraph shall be in compliance with this Rule within three years after the date that the permit is issued.
(d) New facilities. The owner or operator of any new facility that is a major source of hazardous air pollutants (HAP) that is subject to this Rule shall apply MACT in accordance with the provisions of 15A NCAC 02D .1112, 15A NCAC 02Q .0528, and .0526(e)(2).
(e) Case-by-case MACT determination. The Director shall determine MACT according to 40 CFR 63.55(a).
(f) Monitoring and recordkeeping. The owner or operator of a source subject to this Rule shall install, operate, and maintain monitoring capable of detecting deviations from each applicable emission limitation or other standards with sufficient reliability and timeliness to determine continuous compliance over the applicable reporting period. Such monitoring data may be used as a basis for enforcing emissions limitations established pursuant to this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. February 1, 2004; July 1, 1998; July 1, 1996;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1110 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
(a) With the exception of Paragraph (b) of this Rule, sources subject to national emission standards for hazardous air pollutants promulgated in 40 CFR Part 61 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and all other provisions, as required therein, rather than with any otherwise-applicable Rule in 15A NCAC 02D .0500 that would be in conflict therewith.
(b) Along with the notice appearing in the North Carolina Register for a public hearing to amend this Rule to exclude a standard from this Rule, the Director shall state whether or not the national emission standards for hazardous air pollutants promulgated in 40 CFR Part 61, or part thereof, will be enforced. If the Commission does not adopt the amendment to this Rule to exclude or amend the standard within 12 months after the close of the comment period on the proposed amendment, the Director shall begin enforcing that standard when 12 months has elapsed after the end of the comment period on the proposed amendment.
(c) All requests, reports, applications, submittals, and other communications to the administrator required under Paragraph (a) of this Rule shall be submitted to the Director of the Division of Air Quality rather than to the Environmental Protection Agency; except that all such reports, applications, submittals, and other communications to the administrator required by 40 CFR 61.145 shall be submitted to the Director, Division of Epidemiology.
(d) In the application of this Rule, definitions contained in 40 CFR Part 61 shall apply rather than those in 15A NCAC 02D .0100.
(e) 15A NCAC 02Q .0102 shall not be applicable to any source to which this Rule applies. The owner or operator of the source shall apply for and receive a permit if required pursuant to 15A NCAC 02Q .0300 or .0500.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-21.6;
Eff. July 1, 1996;
Amended Eff. June 1, 2008; July 1, 1997;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1111 MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a) With the exception of Paragraph (b) or (c) of this Rule, sources subject to national emission standards for hazardous air pollutants for source categories promulgated in 40 CFR Part 63 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and other provisions, as required therein, rather than with any otherwise-applicable rule in 15A NCAC 02D .0500 which would be in conflict therewith.
(b) This Rule shall not apply to:
(1) the approval of state programs and delegation of federal authorities (40 CFR 63.90 to 63.96, Subpart E); and
(2) the requirements for control technology determined for major sources in accordance with Clean Air Act Sections 112(g) and 112(j) (40 CFR 63.50 to 63.57, Subpart B).
(c) Along with the notice appearing in the North Carolina Register for a public hearing to amend this Rule to exclude a standard from this Rule, the Director shall state whether or not the national emission standard for hazardous air pollutants for source categories promulgated in 40 CFR Part 63, or part thereof, will be enforced. If the Commission does not adopt the amendment to this Rule to exclude or amend the standard within 12 months after the close of the comment period on the proposed amendment, the Director shall begin enforcing that standard when 12 months has elapsed after the end of the comment period on the proposed amendment.
(d) All requests, reports, applications, submittals, and other communications to the administrator required pursuant to Paragraph (a) of this Rule shall be submitted to the Director of the Division of Air Quality rather than to the Environmental Protection Agency; except that all such reports, applications, submittals, and other communications to the administrator required by 40 CFR Part 63, Subpart M for dry cleaners covered by Chapter 143, Article 21A, Part 6 of the General Statutes shall be submitted to the Director of the Division of Waste Management.
(e) In the application of this Rule, definitions contained in 40 CFR Part 63 shall apply rather than those of Section .0100 of this Subchapter when conflict exists.
(f) 15A NCAC 02Q .0102 shall not be applicable to any source to which this Rule applies if the source is required to be permitted pursuant to 15A NCAC 02Q .0500, Title V Procedures. The owner or operator of the source shall apply for and receive a permit if required pursuant to 15A NCAC 02Q .0300 or .0500. Sources that have heretofore been exempted from permit requirements and have become subject to requirements promulgated in 40 CFR 63 shall apply for a permit in accordance to 15A NCAC 02Q .0109.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 150B-21.6;
Eff. July 1, 1996;
Amended Eff. January 1, 2007; April 1, 1997;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1112 112(G) CASE BY CASE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY
(a) Applicability. This Rule applies to the construction or reconstruction of major sources of hazardous air pollutants unless:
(1) the major source has been regulated or exempted from regulation pursuant to:
(A) 15A NCAC 02D .1109 or .1111; or
(B) a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the federal Clean Air Act and incorporated in another Subpart of 40 CFR Part 63; or
(2) the owner or operator of the major source has received all necessary air quality permits for the construction or reconstruction project before July 1, 1998.
(b) Exclusions. The requirements of this Rule shall not apply to:
(1) electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to Section 112(c)(5) of the federal Clean Air Act;
(2) stationary sources that are within a source category that has been deleted from the source category list pursuant to Section 112(c)(9) of the federal Clean Air Act; or
(3) research and development activities.
(c) Definitions. For the purposes of this Rule, the following definitions apply:
(1) "Affected source" means the stationary source or group of stationary sources that, when fabricated on site, erected, or installed meets the definition of "construct a major source" or the definition of "reconstruct a major source" contained in this Paragraph.
(2) "Affected States" means all States or local air pollution agencies whose areas of jurisdiction are:
(A) contiguous to North Carolina and located less than D=Q/12.5 from the facility, where:
(i) Q = emissions of the pollutant emitted at the highest permitted rate in tons per year; and
(ii) D = distance from the facility to the contiguous state or local air pollution control agency in miles; or
(B) within 50 miles of the permitted facility.
(3) "Available information" means, for purposes of identifying control technology options for the affected source, information contained in the following information sources as of the date of approval of the MACT determination by the Division:
(A) a relevant proposed regulation, including all supporting information;
(B) background information documents for a draft or proposed regulation;
(C) data and information available from the Control Technology Center developed pursuant to Section 113 of the federal Clean Air Act;
(D) data and information contained in the Aerometric Informational Retrieval System including information in the MACT data base;
(E) additional information that can be expeditiously provided by the Division and EPA; and
(F) for the purpose of determinations by the Division, additional information provided by the applicant or others and additional information available to the Division.
(4) "Construct a major source" means:
(A) To fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources that is located within a contiguous area and under common control and that emits or has the potential to emit 10 tons per year of any HAP's or 25 tons per year of any combination of HAP; or
(B) To fabricate, erect, or install at any developed site a new process or production unit that in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies Subparts (i) through (vi) of this Paragraph:
(i) all HAP emitted by the process or production unit that would otherwise be subject to the requirements of this Rule will be controlled by emission control equipment that was previously installed at the same site as the process or production unit;
(ii) the Division:
(I) has determined within a period of five years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT) pursuant to 15A NCAC 02D .0530 or lowest achievable emission rate (LAER) pursuant to15A NCAC 02D .0531 for the category of pollutants that includes those HAP's to be emitted by the process or production unit; or
(II) determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, or MACT determination pursuant to 15A NCAC 02D .1109);
(iii) the Division determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;
(iv) the Division has provided notice and an opportunity for public comment concerning its determination that criteria in Subparts (i), (ii), and (iii) of this Subparagraph apply and concerning the continued adequacy of any prior LAER, BACT, or MACT determination pursuant to 15A NCAC 02D .1109;
(v) if any commenter has asserted that a prior LAER, BACT, or MACT determination pursuant to 15A NCAC 02D .1109 is no longer adequate, the Division has determined that the level of control required by that prior determination remains adequate; and
(vi) any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Division are predicated will be construed by the Division as applicable requirements pursuant to Section 504(a) of the federal Clean Air Act and either have been incorporated into an existing permit issued pursuant to 15A NCAC 02Q .0500 for the affected facility or will be incorporated into such a permit upon issuance.
(5) "Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants, including measures that:
(A) reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials, or other modifications;
(B) enclose systems or processes to eliminate emissions;
(C) collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;
(D) are design, equipment, work practice, or operational standards, including requirements for operator training or certification, as provided in 42 U.S.C. 7412(h); or
(E) are a combination of Parts (A) through (D) of this definition.
(6) "Electric utility steam generating unit" means any fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.
(7) "Greenfield site" means a contiguous area under common control that is an undeveloped site.
(8) "HAP" means hazardous air pollutants.
(9) "Hazardous air pollutant" means any pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.
(10) "List of source categories" means the source category list required by Section 112(c) of the federal Clean Air Act.
(11) "MACT" means maximum achievable control technology.
(12) "Maximum achievable control technology emission limitation for new sources" means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the permitting authority determines is achievable by the constructed or reconstructed source, taking into consideration the cost of achieving such emission reduction, non-air quality health and environmental impacts, and energy requirements.
(13) "Process or production unit" means any collection of structures or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.
(14) "Reconstruct a major source" means the replacement of components at an existing process or production unit that emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, if:
(A) the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and
(B) it is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established pursuant to 40 CFR Part 63, Subpart B.
(15) "Research and development activities" means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.
(16) "Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source, such that the source could be controlled using the same control technology.
(d) Principles of MACT determinations. The following general principles shall be used to make a case-by-case MACT determination concerning construction or reconstruction of a major source pursuant to this Rule:
(1) The MACT emission limitation or MACT requirements recommended by the applicant and approved by the Division shall not be less stringent than the emission control that is achieved in practice by the best controlled similar source, as determined by the Division.
(2) Based upon available information, the MACT emission limitation and control technology, including any requirements pursuant to Subparagraph (3) of this Paragraph, recommended by the applicant and approved by the Division shall achieve the maximum degree of reduction in emissions of HAP that can be achieved by using those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.
(3) The owner or operator may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the Director may approve such a standard if it is not feasible to prescribe or enforce an emission limitation pursuant to the criteria set forth in Section 112(h)(2) of the federal Clean Air Act.
(4) If the EPA has either proposed a relevant emission standard pursuant to Section 112(d) or 112(h) of the federal Clean Air Act or adopted a presumptive MACT determination for the source category that includes the constructed or reconstructed major source, the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
(e) Effective date of MACT determination. The effective date of a MACT determination shall be the date of issuance of a permit pursuant to procedures of 15A NCAC 02Q .0300 or .0500 incorporating a MACT determination.
(f) Compliance date. On and after the date of start-up, a constructed or reconstructed major source that is subject to the requirements of this Rule shall be in compliance with all applicable requirements specified in the MACT determination.
(g) Compliance with MACT determinations. The owner or operator of a constructed or reconstructed major source that:
(1) is subject to a MACT determination shall comply with all requirements set forth in the permit issued pursuant to 15A NCAC 02Q .0300 or .0500, including any MACT emission limitation or MACT work practice standard, and any notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements; or
(2) has obtained a MACT determination shall be deemed to be in compliance with Section 112(g)(2)(B) of the federal Clean Air Act only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the permit issued pursuant to 15A NCAC 02Q .0300 or .0500. Any violation of such requirements by the owner of operator shall be deemed by the Division to be a violation of the prohibition on construction or reconstruction in Section 112(g)(2)(B) of the federal Clean Air Act for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action pursuant to the General Statutes and the federal Clean Air Act.
(h) Requirements for constructed or reconstructed major sources subject to a subsequently-promulgated MACT standard or MACT requirement. If EPA promulgates an emission standard pursuant to Section 112(d) or 112(h) of the federal Clean Air Act or the Division issues a determination pursuant to 15A NCAC 02D .1109 that is applicable to a stationary source or group of sources that is a constructed or reconstructed major source pursuant to this Rule:
(1) before the date that the owner or operator has obtained a final and legally effective MACT determination pursuant to 15A NCAC 02Q .0300 or .0500, the owner or operator of the sources shall comply with the promulgated standard or determination rather than any MACT determination pursuant to this Rule by the compliance date in the promulgated standard; or
(2) after the source has been subject to a prior case-by-case MACT pursuant to this Rule, and the owner or operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, and if the initial permit has not yet been issued pursuant to 15A NCAC 02Q .0500, the Division shall issue an initial permit that incorporates the emission standard or determination, or if the initial permit has been issued pursuant to 15A NCAC 02Q .0500, the Division shall revise the permit according to the reopening procedures in 15A NCAC 02Q .0517, Reopening for Cause, whichever is relevant, to incorporate the emission standard or determination.
(i) Compliance with subsequent 112(d), 112(h), or 112(j) standards. If EPA includes in the emission standard established pursuant to Section 112(d) or 112(h) of the federal Clean Air Act a specific compliance date for those sources that have obtained a final and legally effective MACT determination pursuant to this Rule and that have submitted the information required by 40 CFR 63.43 to EPA before the close of the public comment period for the standard established pursuant to section 112(d) of the federal Clean Air Act, the Division shall incorporate that compliance date in the permit issued pursuant to 15A NCAC 02Q .0500. If no compliance date has been established in the promulgated 112(d) or 112(h) standard or determination pursuant to 15A NCAC 02D .1109 for those sources that have obtained a final and legally effective MACT determination pursuant to this Rule, the Director shall establish a compliance date in the permit that assures that the owner or operator complies with the promulgated standard or determination as expeditiously as practicable, but not longer than eight years after the standard is promulgated or a determination is made pursuant to 15A NCAC 02D .1109.
(j) Revision of permit to incorporate less stringent control. Notwithstanding the requirements of Paragraph (h) of this Rule, if the Administrator of EPA promulgates an emission standard pursuant to Section 112(d) or Section 112(h) of the federal Clean Air Act or the Division issues a determination pursuant to 15A NCAC 02D .1109 that is applicable to a stationary source or group of sources that was deemed to be a constructed or reconstructed major source pursuant to this Rule and that is the subject of a prior case-by-case MACT determination pursuant to 40 CFR 63.43, and the level of control required by the emission standard issued pursuant to Section 112(d) or 112(h) or the determination issued pursuant to 15A NCAC 02D .1109 is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the Division shall not be required to incorporate any less stringent terms of the promulgated standard in the permit issued pursuant to 15A NCAC 02Q .0500 applicable to such sources after considering the effects on air quality. The Division may consider any more stringent provision of the prior MACT determination to be applicable legal requirements, as necessary to protect air quality, when issuing or revising such an operating permit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
section .1200 - CONTROL OF EMISSIONS FROM INCINERATORS and COMBUSTion Units
15A NCAC 02D .1201 PURPOSE AND SCOPE
(a) The rules in this Section shall apply to incinerators and combustor units as defined in 15A NCAC 02D .1202 or regulated pursuant to 15A NCAC 02D .1208.
(b) The rules in this Section shall not apply to:
(1) afterburners, flares, fume incinerators, or other similar devices used to reduce the emissions of air pollutants from processes whose emissions shall be regulated as process emissions;
(2) boilers or industrial furnaces that burn waste as a fuel, except solid waste as defined in 40 CFR 241.2;
(3) air curtain burners, which shall comply with 15A NCAC 02D .1900; or
(4) incinerators used to dispose of dead animals or poultry that meet all of the following requirements:
(A) the incinerator is located on a farm and is operated by the farm owner or by the farm operator;
(B) the incinerator is used solely to dispose of animals or poultry originating on the farm where the incinerator is located;
(C) the incinerator is not charged at a rate that exceeds its design capacity; and
(D) the incinerator complies with 15A NCAC 02D .0521 (visible emissions).
(c) Referenced document SW-846 "Test Methods for Evaluating Solid Waste," Third Edition, cited by rules in this Section is incorporated by reference, not including subsequent amendments or editions, and may be obtained free of charge online at .
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(1), (3), (4), (5);
Eff. October 1, 1991;
Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; April 1, 1995; December(1, 1993;
Temporary Amendment Eff. March 1, 2002;
Amended Eff. July 1, 2007; December 1, 2005; August 1, 2002;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1202 DEFINITIONS
(a) For the purposes of this Section, the definitions in 40 CFR 60.5250, 40 CFR 60.2875, and 40 CFR 60.51c shall apply in addition to the following definitions:
(1) "Air curtain incinerator," also referred to as an "air curtain burner," means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs as defined in 40 CFR 60.2875.
(2) "Commercial and industrial solid waste incinerator" (CISWI) or "commercial and industrial solid waste incineration unit" is defined in 40 CFR 60.2875.
(3) "Co-fired combustor" is defined in 40 CFR 60.51c. For the purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste shall be deemed "other" wastes when calculating the percentage of hospital, medical, or infectious waste combusted.
(4) "Crematory incinerator" means any incinerator located at a crematory regulated pursuant to 21 NCAC 34C that is used solely for the cremation of human remains.
(5) "Dioxin and Furan" (also referred to as "dioxins/furans") means tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
(6) "Hospital, medical, and infectious waste incinerator (HMIWI)" means any device that combusts any amount of hospital, medical, and infectious waste.
(7) "Large HMIWI" means:
(A) a HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour;
(B) a continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or
(C) a batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.
(8) "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.
(9) "Medical and Infectious Waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed in Part (A)(i) through (A)(vii) of this Subparagraph.
(A) The definition of medical and infectious waste includes:
(i) cultures and stocks of infectious agents and associated biologicals, including:
(I) cultures from medical and pathological laboratories;
(II) cultures and stocks of infectious agents from research and industrial laboratories;
(III) wastes from the production of biologicals;
(IV) discarded live and attenuated vaccines; and
(V) culture dishes and devices used to transfer, inoculate, and mix cultures;
(ii) human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery, autopsy, or other medical procedures, and specimens of body fluids and their containers;
(iii) human blood and blood products including:
(I) liquid waste human blood;
(II) products of blood;
(III) items saturated or dripping with human blood; or
(IV) items that were saturated or dripping with human blood that are now caked with dried human blood, including serum, plasma, other blood components, and their containers, that were used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals. Intravenous bags are also included in this category;
(iv) sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips;
(v) animal waste, including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals, or testing of pharmaceuticals;
(vi) isolation wastes, including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from highly communicable diseases, or isolated animals known to be infected with highly communicable diseases; and
(vii) unused sharps, including the following unused or discarded sharps;
(I) hypodermic needles;
(II) suture needles;
(III) syringes; and
(IV) scalpel blades.
(B) The definition of medical and infectious waste shall not include:
(i) hazardous waste identified or listed in 40 CFR Part 261;
(ii) household waste, as defined in 40 CFR 261.4(b)(1);
(iii) ash from incineration of medical and infectious waste after the incineration process has been completed;
(iv) human corpses, remains, and anatomical parts that are intended for interment or cremation; and
(v) domestic sewage materials identified in 40 CFR 261.4(a)(1).
(10) "Medium HMIWI" means:
(A) a HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour;
(B) a continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or
(C) a batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.
(11) "POTW" means a publicly owned treatment works as defined in 40 CFR 501.2.
(12) "Sewage sludge" is defined in 40 CFR 60.5250.
(13) "Sewage sludge incineration (SSI) unit" is defined in 40 CFR 60.5250.
(14) "Small HMIWI" means:
(A) a HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour;
(B) a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or
(C) a batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.
(15) "Small remote HMIWI" means any small HMIWI that is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (SMSA) and that burns less than 2,000 pounds per week of hospital, medical and infectious waste. The 2,000 pound per week limitation does not apply during performance tests.
(16) "Solid waste" means the term solid waste as defined in 40 CFR 241.2.
(17) "Standard Metropolitan Statistical Area (SMSA)" means any area listed in Office of Management and Budget (OMB) Bulletin No. 93-17, entitled "Revised Statistical Definitions for Metropolitan Areas" dated July 30, 1993, incorporated by reference not including subsequent amendments or editions. A copy of this document may be obtained through the internet at .
(b) Whenever reference is made to the Code of Federal Regulations in this Section, the definition in the Code of Federal Regulations shall apply unless specifically stated otherwise in a particular rule. The Code of Federal Regulations is available in electronic form free of charge at .
History Note: Authority G.S. 143-213; 143-215.3(a)(1);
Eff. October 1, 1991;
Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993;
Temporary Amendment Eff. March 1, 2002;
Amended Eff. July 1, 2007; August 1, 2002;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1203 HAZARDOUS WASTE INCINERATORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. October 1, 1991;
Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999; July 1, 1998; April 1, 1995;
Repealed Eff. July 1, 2018.
15A NCAC 02D .1204 SEWAGE SLUDGE INCINERATION UNITS
(a) Applicability. This Rule shall apply to sewage sludge incineration units that meet all three requirements listed in 40 CFR 60.5060(a) through (c).
(b) The provisions of this Rule shall apply to any incinerator subject to this Rule. However, when the provisions of this Rule and provisions of 15A NCAC 02D .0524, .1110, or .1111 or provisions of 40 CFR Part 61, Subpart C; 40 CFR Part 61, Subpart E; or 40 CFR Part 503, Subpart E, regulate the same pollutant, the provisions of the more restrictive standards established in Paragraphs (e) and (f) of this Rule shall apply, notwithstanding provisions of 15A NCAC 02D .0524, .1110, or .1111 or provisions of 40 CFR Part 61, Subpart C; 40 CFR Part 61, Subpart E; or 40 CFR Part 503, Subpart E to the contrary.
(c) Exemptions. Sewage sludge incineration units shall be exempted from this Rule if they are subject to:
(1) 40 CFR Part 60 Subpart LLLL by:
(A) commencing construction after October 14, 2010; or
(B) commencing modification after September 21, 2011; or
(2) Rule 15A NCAC 02D .1210, if they are not located at a wastewater treatment facility designed to treat domestic sewage sludge as defined in 40 CFR 60.5065.
(d) Definitions. For the purpose of this Rule, the definitions in 40 CFR 503.41, 40 CFR 60.5250, and 40 CFR 60.2 shall apply in addition to the definitions in 15A NCAC 02D .1202.
(e) Emission Standards. Any incinerator subject to this Rule shall comply with all of the following emission standards:
(1) Emissions of particulate matter from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165 or 40 CFR 60.152 as defined in Paragraph (b) of this Rule.
(2) Fugitive emissions from a sewage sludge incineration unit ash handling process shall meet the requirements established in 40 CFR 60.5165. All other visible emissions from a sewage sludge incineration unit shall comply with 15A NCAC 02D .0521.
(3) Emissions of hydrogen chloride from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(4) Emissions of carbon monoxide from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(5) Emissions of dioxin and furan (total mass basis) from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(6) Emissions of dioxin and furan (toxic equivalency basis) from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(7) Emissions of mercury from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165 and in 40 CFR 61.52(b) as referenced in 15A NCAC 02D .1110(a), (d), and (e).
(8) Emissions of nitrogen oxides from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(9) Emissions of sulfur dioxide from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(10) Emissions of cadmium from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165.
(11) Emissions of lead from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 60.5165. The daily concentration of lead in sewage sludge fed to a sewage sludge incinerator shall meet the requirements specified in 40 CFR 503.43(c).
(12) Emissions of beryllium from a sewage sludge incineration unit shall meet the requirements established in 40 CFR 61.32(a) through (c) as referenced in 15A NCAC 02D .1110(a), (d), and (e).
(13) The daily concentration of arsenic, cadmium, chromium, and nickel in sewage sludge fed to a sewage sludge incinerator shall meet the requirements specified in 40 CFR 503.43(d).
(14) Emissions of toxic air pollutants from a sewage sludge incineration unit shall meet the requirements specified in 15A NCAC 02D .1100 in accordance with 15A NCAC 02Q .0700.
(15) The monthly average concentration for total hydrocarbons, or for carbon monoxide as provided in 40 CFR 503.40(c), in the exit gas from a sewage sludge incinerator stack, corrected to zero percent moisture and seven percent oxygen as specified in 40 CFR 503.44, shall not exceed 100 parts per million on a volumetric basis using the continuous emission monitoring required in Paragraph (k) of this Rule.
(f) Operating limits. The owner or operator of a sewage sludge incineration unit shall meet:
(1) as applicable, the operating limits and requirements specified in 40 CFR 60.5170 including Subparagraphs (a) through (d) and (h) according to the schedule specified in 40 CFR 60.5170(e);
(2) the operating limits and requirements specified in 40 CFR 60.5170 including Subparagraphs (a) through (d) by the final compliance date specified in Paragraph (n) of this Rule;
(3) monitor the feed rate and moisture content of the sewage sludge fed to the sewage sludge incinerator, as specified in 40 CFR 60.5170(f)(1) and (f)(2); and
(4) the operating requirements in 40 CFR 60.5170(a) through (d) and (h) shall meet any new operating limits, re-established in accordance with 40 CFR 60.5210.
(g) Emission and operational standards and limits established in Paragraphs (e) and (f) of this Rule and in accordance with provisions in Paragraph (b) of this Rule shall apply at all times that sewage sludge is in the combustion chamber before the sewage sludge feed to the combustor is cut off for a period of time not less than the sewage sludge incineration residence time and during periods of malfunction as specified in 40 CFR 60.5180.
(h) Initial Compliance:
(1) Requirements with the emission standards specified in the Paragraph (e) of this Rule shall be demonstrated by using the procedures specified in 40 CFR 60.5185(a) through (e).
(2) Requirements with the site-specific operating limits specified in 40 CFR 60.5190(a) shall be established in accordance with the requirements specified 40 CFR 60.5190(a) through (f).
(3) Initial air pollution control device inspection specified 40 CFR 60.5220(c) shall be conducted by the date established in accordance with 40 CFR 60.5195(a). All necessary repairs shall be completed in accordance with 40 CFR 60.5195(b).
(4) A site-specific monitoring plan for continuous monitoring, bag leak detection, ash handling systems, and an initial performance evaluation date shall be developed in accordance with the requirements specified in 40 CFR 60.5200(a) and (d) through (h).
(i) Continuous Compliance Requirements. The owner or operator of a sewage sludge incineration unit subject to this Rule shall demonstrate compliance with the emissions standards in Subparagraphs (e)(1) through (13) and (15) of this Rule by:
(1) demonstrating continuous compliance as specified in 40 CFR 60.5205(a) through (f);
(2) demonstrating continuous compliance with the operating limits as specified in 40 CFR 60.5210(a)(1) and (b) through (d);
(3) demonstrating continuous compliance with the total hydrocarbon concentration of the incinerator stack exit gas according to 40 CFR 503.45(a) unless the requirements for continuously monitoring carbon monoxide as provided in 40 CFR 503.40(c) are satisfied;
(4) demonstrating continuous compliance with the oxygen content of the incinerator stack exit gas as provided in 40 CFR 503.45(b);
(5) demonstrating continuous compliance with the moisture content of the incinerator stack exit gas as provided in 40 CFR 503.45(c);
(6) conducting an annual air pollution control device inspection as specified in 40 CFR 60.5215(a);
(7) making all necessary repairs within the time periods specified in 40 CFR 60.5215(b);
(8) monitoring the concentration of beryllium and mercury from the sewage sludge fed to the incinerator as frequently as specified in 40 CFR 503.46(a)(1); and
(9) monitoring the concentrations of arsenic, cadmium, chromium, lead, and nickel in the sewage sludge fed to the incinerator as frequently as specified in 40 CFR 503.46(a)(2) and (3).
(j) Performance Testing, Monitoring, and Calibration Requirements. The owner or operator of a sewage sludge incineration unit subject to this Rule shall demonstrate compliance with the emissions standards in Subparagraphs (e)(1) through (13) and (15) of this Rule by:
(1) meeting the performance testing requirements specified in 40 CFR 60.5220(a)(1) through (11), 40 CFR 61.53(d) or 40 CFR 61.54, 40 CFR 503.43(e), and 40 CFR 61.33;
(2) meeting the monitoring requirements specified in 40 CFR 60.5220(b)(1) through (7), 40 CFR 61.55, 40 CFR 503.55, 40 CFR 503.46; and 40 CFR 60.153;
(3) performing the air pollution control device inspection requirements specified in 40 CFR 60.5220(b)(1) through (3); and
(4) meeting the bypass stack provisions specified in 40 CFR 60.5220(d).
(k) The owner or operator of a sewage sludge incineration unit, subject to this Rule, shall install, operate, calibrate, and maintain the continuous parameter monitoring systems to ensure compliance with the operational limits set forth in Paragraph (f) of this Rule as specified in 40 CFR 503.45, 40 CFR 60.5225 (a)(1), (2), and 40 CFR 60.153.
(l) Recordkeeping and Reporting. The owner or operator of a sewage sludge incineration unit subject to this Rule shall:
(1) maintain on site in either paper copy or electronic format that can be printed upon request for a period of five years the following;
(A) the calendar date of each record as specified in 40 CFR 60.5230(a);
(B) increments of progress as specified in 40 CFR 60.5230(b);
(C) operator training records as specified in 40 CFR 60.5230(c)(1) through (4);
(D) air pollution control device inspections as specified in 40 CFR 60.5230(d);
(E) performance test reports as specified in 40 CFR 60.5230(e)(1) through (4);
(F) continuous monitoring data as specified in 40 CFR 60.5230(f)(1) through (4) and 40 CFR 60.153;
(G) other records for continuous monitoring systems as specified in 40 CFR 60.5230(g)(1) through (3) and 40 CFR 60.153;
(H) deviation reports as specified in 40 CFR 60.5230(h);
(I) equipment specifications and operation and maintenance requirements as specified in 40 CFR 60.5230(i);
(J) inspections, calibrations, and validation checks of monitoring devices as specified in 40 CFR 60.5230(j);
(K) monitoring plan and performance evaluations for continuous monitoring systems as specified in 40 CFR 60.5230(k);
(L) records indicating use of the bypass stack as specified in 40 CFR 60.5230(m);
(M) malfunction occurrence records shall as specified in 40 CFR 60.5230(n); and
(N) records showing compliance with standards for the use or disposal of sewage sludge listed in 40 CFR 503.47(b) through (n).
(2) Submit to the Director in the format specified in 40 CFR 60.5235(h)(1) and by due dates established in Table 6 of 40 CFR Part 60 Subpart MMMM the following:
(A) the initial compliance report as specified in 40 CFR 60.5235(b);
(B) the annual compliance report as specified in 40 CFR 60.5235(c);
(C) deviation reports (deviations from emission limits, emission standards, or operating limits, as specified in 40 CFR 60.5235(e)(1)) when it is required by 40 CFR 60.5235(d);
(D) notification of qualified operator deviation and notification of status of qualified operator deviation as specified in 40 CFR 60.5235(e)(1);
(E) notification of resumed operation pursuant to 40 CFR 60.5155(b)(2)(i) following shutdown (due to qualified operator deviation) as specified in 40 CFR 60.5235(e)(2);
(F) notification of a force majeure as specified in 40 CFR 60.5235(f);
(G) notification of intent to start or stop use of a continuous monitoring system, notification of intent to conduct a performance test, and notification of intent to conduct a rescheduled performance test as specified in 40 CFR 60.5235(g);
(H) performance test relative accuracy audit data (test reference method) and performance test data in the manner specified in 40 CFR 60.5235(h)(2); and
(I) semiannual reports as specified in 40 CFR 60.155.
(3) With the Director's approval, the owner or operator may change the semiannual or annual reporting dates of the reports listed in Subparagraph (l)(2) of this Rule in accordance with the procedures established in 40 CFR 60.19(c) pursuant to 40 CFR 60.5235(i).
(m) Operator Training and Qualification.
(1) A sewage sludge incineration unit subject to this Rule shall not be operated unless a fully trained and qualified sewage sludge incineration unit operator is at the facility or can be at the facility within one hour. The trained and qualified sewage sludge incineration unit operator may operate the sewage sludge incineration unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified sewage sludge incineration unit operators are temporarily not accessible, the procedures in 40 CFR 60.5155 shall apply.
(2) Operator training and qualification shall be obtained by completing the requirements specified in 40 CFR 60.5130(c).
(3) The owner or operator of a sewage sludge incineration unit subject to this Rule shall complete an annual review or refresher course covering the five topics specified in 40 CFR 60.5145(a) through (e) to maintain an operator qualification.
(4) The owner or operator of a sewage sludge incineration unit subject to this Rule shall renew a lapsed operator qualification before he or she begins operation of the unit by one of the two methods specified in 40 CFR 60.5150(a) and (b).
(5) When a qualified operator of a sewage sludge incineration unit subject to this Rule is not at the facility and cannot be at the facility within one hour, the owner shall meet the criteria specified in 40 CFR 60.5155.
(6) The owner or operator of a sewage sludge incineration unit subject to this Rule shall maintain and review the operator training documentation as specified in 40 CFR 60.5160 (a) and (b).
(n) Final compliance. The owner or operator of a sewage sludge incineration unit subject to this Rule shall achieve final compliance by the dates specified in 40 CFR 60.5035(a) or (b).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
Eff. October 1, 1991;
Amended Eff. June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993;
Readopted Eff. March 1, 2018;
Amended Eff. December 1, 2021.
15A NCAC 02D .1205 LARGE MUNICIPAL WASTE COMBUSTORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515;
Eff. October 1, 1991;
Amended Eff. July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995;
Temporary Amendment Eff. March 1, 2002;
Amended Eff. August 1, 2002;
Temporary Amendment Eff. March 1, 2003;
Temporary Amendment Expired December 12, 2003;
Amended Eff. July 1, 2010; April 1, 2004;
Repealed Eff. July 1, 2018.
15A NCAC 02D .1206 HOSPITAL, MEDICAL, AND INFECTIOUS WASTE INCINERATORS
(a) Applicability. This Rule shall apply to any hospital, medical, and infectious waste incinerator (HMIWI), except:
(1) a HMIWI required to have a permit pursuant to Section 3005 of the Solid Waste Disposal Act;
(2) a pyrolysis unit;
(3) a cement kiln firing hospital waste or medical and infectious waste;
(4) a physical or operational change made to an existing HMIWI solely for the purpose of complying with the emission standards for HMIWIs in this Rule. These physical or operational changes shall not be deemed a modification and shall not result in an existing HMIWI becoming subject to the provisions of 40 CFR Part 60, Subpart Ec;
(5) a HMIWI during periods when only pathological waste, low-level radioactive waste, or chemotherapeutic waste is burned, provided that the owner or operator of the HMIWI:
(A) notifies the Director of an exemption claim; and
(B) keeps records on a calendar-quarter basis of the periods of time when only pathological waste, low-level radioactive waste, or chemotherapeutic waste was burned; or
(6) a co-fired HMIWI, if the owner or operator of the co-fired HMIWI:
(A) notifies the Director of an exemption claim;
(B) provides an estimate of the relative weight of hospital, medical, and infectious waste and other fuels or wastes to be combusted; and
(C) keeps records on a calendar-quarter basis of the weight of hospital, medical, and infectious waste combusted and the weight of all other fuels and wastes combusted at the co-fired HMIWI.
(b) Definitions. For the purpose of this Rule, the definitions contained in 40 CFR 60.51c shall apply in addition to the definitions in 15A NCAC 02D .1202.
(c) Emission Standards.
(1) The emission standards in this Paragraph apply to all HMIWIs except if 15A NCAC 02D .0524, .1110, or .1111 applies. However, when Subparagraphs (6) or (7) of this Paragraph and 15A NCAC 02D .0524, .1110, or .1111 regulate the same pollutant, the more restrictive provision for each pollutant shall apply, notwithstanding provisions of 15A NCAC 02D .0524, .1110, or .1111 to the contrary.
(2) Each HMIWI for which construction was commenced on or before June 20, 1996, or for which modification is commenced on or before March 16, 1998, shall not exceed the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60.
(3) Each HMIWI for which construction was commenced after June 20, 1996, but no later than December 1, 2008, or for which modification is commenced after March 16, 1998, but no later than April 6, 2010, shall not exceed the more stringent of the requirements listed in Table 1B of Subpart Ce and Table 1A of Subpart Ec of 40 CFR Part 60.
(4) Each small remote HMIWI shall not exceed emission standards listed in Table 2B of Subpart Ce of 40 CFR Part 60.
(5) Visible Emissions. The owner or operator of any HMIWI shall not cause to be discharged into the atmosphere from the stack of the HMIWI any gases that exhibit greater than six percent opacity (six-minute block average).
(6) Toxic Air Pollutants. The owner or operator of any HMIWI subject to this Rule shall demonstrate compliance with 15A NCAC 02D .1100 according to 15A NCAC 02Q .0700.
(d) Operational Standards.
(1) The operational standards in this Rule shall not apply to a HMIWI if applicable operational standards in 15A NCAC 02D .0524, .1110, or .1111 apply;
(2) Annual Equipment Inspection.
(A) Each HMIWI shall undergo an annual equipment inspection no more than 12 months following the previous annual equipment inspection;
(B) The equipment inspection shall include all the elements listed in 40 CFR 60.36e(a)(1)(i) through (xvii);
(C) Necessary repairs found during the inspection shall be completed within 10 operating days after the inspection unless the owner or operator submits a written request to the Director for an extension of the 10 operating day period; and
(D) The Director shall grant an extension to a small remote HMIWI if the owner or operator submits a written request to the Director for an extension of the 10 operating day period, if the owner or operator demonstrates that achieving compliance by the time allowed under this Part is not feasible, if the Director does not extend the time allowed for compliance by more than 30 days following the receipt of the written request, and if the Director concludes that the emission control standards would not be exceeded if the repairs were delayed;
(3) Air Pollution Control Device Inspection.
(A) Each HMIWI shall undergo air pollution control device inspections annually, no more than 12 months following the previous annual air pollution control device inspection, to inspect air pollution control devices for proper operation, if applicable: to ensure proper calibration of thermocouples, sorbent feed systems, and all other monitoring equipment; and to observe that the equipment is maintained in good operating condition. Necessary repairs found during the inspection shall be completed within 10 operating days of the inspection unless the owner or operator submits a written request to the Director for an extension of the 10 operating day period; and
(B) The Director shall grant the extension if the owner or operator of the HMIWI demonstrates that achieving compliance by the 10 operating day period is not feasible, the Director does not extend the time allowed for compliance by more than 30 days following the receipt of the written request, and the Director concludes that the emission control standards would not be exceeded if the repairs were delayed.
(4) Any HMIWI, except for a small HMIWI for which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998, and subject to the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60, shall comply with 40 CFR 60.56c except sources subject to the emissions limits pursuant to Table 1B of Subject Ce of 40 CFR Part 60 or the more stringent of the requirements listed in Table 1B of Subpart 1B of Subpart Ce of 40 CFR Part 60 and Table 1A of Subpart Ec of 40 CFR Part 60 may elect to use CO CEMS as specified in 40 CFR 60.56c(c)(4) or bag detection systems as specified in 40 CFR 60.57c(h);
(5) A small remote HMIWI constructed on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998, shall be subject to the requirements listed in Table 2B of Subpart Ce of 40 CFR Part 60. The owner or operator shall comply with:
(A) the compliance and performance testing requirements of 40 CFR 60.56c, excluding test methods listed in 40 CFR 60.56c(b)(7), (8), (12), (13) (Pb and Cd), and (14);
(B) the annual PM, CO, and HCl emissions testing requirements pursuant to 40 CFR 60.56c(c)(2);
(C) the annual fugitive emissions testing requirements pursuant to 40 CFR 60.56c(c)(3);
(D) the CO CEMS requirements pursuant to 40 CFR 60.56c(c)(4); and
(E) the compliance requirements for monitoring listed in 40 CFR 60.56c(c)(5) through (7), and (d) through (k).
(6) A small remote HMIWI for which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998, that is subject to the requirements listed in Table 2A or 2B of Subpart Ce of 40 CFR Part 60 and not equipped with an air pollution control device shall meet the following compliance and performance testing requirements:
(A) establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits. The 2,000 pounds per week limitation shall not apply during performance tests;
(B) the owner or operator shall not operate the HMIWI above the maximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages, calculated each hour as the average of the previous three operating hours, at all times. Operating parameter limits shall not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameters; and
(C) operation of a HMIWI above the maximum charge rate and below the minimum secondary chamber temperature, each measured on a three-hour rolling average, simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emissions limits. The owner or operator of a HMIWI may conduct a repeat performance test within 30 days of violation of applicable operating parameters to demonstrate that the designated facility is not in violation of the applicable emissions limits. Repeat performance tests shall be conducted under process and control device operating conditions duplicating as nearly as possible those that indicated during the violation.
(7) A small HMIWI for which construction was commenced after June 20, 1996, but no later than December 1, 2008, or for which modification is commenced after March 16, 1998, but no later than April 6, 2010, shall comply with:
(A) the compliance and performance testing requirements of 40 CFR 60.56c, excluding the annual fugitive emissions testing requirements pursuant to 40 CFR 60.56c(c)(3);
(B) the CO CEMS requirements pursuant to 40 CFR 60.56c(c)(4); and
(C) the compliance requirements for monitoring listed in 40 CFR 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10).
The owner or operator may elect to use CO CEMS as specified in 40 CFR 60.56c(c)(4) or bag leak detection systems as specified in 40 CFR 60.57c(h).
(8) The owner or operator of a HMIWI equipped with selective noncatalytic reduction technology shall:
(A) establish the maximum charge rate, the minimum secondary chamber temperature, and the minimum reagent flow rate as site-specific operating parameters during the initial performance test to determine compliance with the emissions limits;
(B) ensure that the affected facility does not operate above the maximum charge rate or below the minimum secondary chamber temperature or the minimum reagent flow rate measured as three-hour rolling averages, calculated each hour as the average of the previous three operating hours, at all times. Operating parameter limits shall not apply during performance tests; and
(C) operation of any HMIWI above the maximum charge rate, below the minimum secondary chamber temperature, and below the minimum reagent flow rate simultaneously shall constitute a violation of the NOX emissions limit. The owner or operator may conduct a repeat performance test within 30 days of a violation of applicable operating parameters to demonstrate that the affected facility is not in violation of the applicable emissions limits. Repeat performance tests shall be conducted using the identical operating parameters that indicated a violation.
(e) Test Methods and Procedures.
(1) The test methods and procedures described in 15A NCAC 02D .2600, 40 CFR Part 60 Appendix A, and 40 CFR Part 61 Appendix B shall be used to determine compliance with emission rates. Method 29 of 40 CFR Part 60 shall be used to determine emission rates for metals. However, Method 29 shall be used to sample for chromium (VI) and SW 846 Method 0060 shall be used for the analysis.
(2) The Director shall require the owner or operator to test the HMIWI to demonstrate compliance with the emission standards listed in Paragraph (c) of this Rule if necessary to assure compliance.
(f) Monitoring, Recordkeeping, and Reporting.
(1) The owner or operator of an HMIWI subject to the requirements of this Rule shall comply with the monitoring, recordkeeping, and reporting requirements in 15A NCAC 02D .0600.
(2) The owner or operator of an HMIWI subject to the requirements of this Rule shall maintain and operate a continuous temperature monitoring and recording device for the primary chamber, and if there is a secondary chamber, for the secondary chamber. The owner or operator of an HMIWI that has installed air pollution abatement equipment to reduce emissions of hydrogen chloride shall install, operate, and maintain continuous monitoring equipment to measure the pH for wet scrubber systems and the rate of alkaline injection for dry scrubber systems. The Director shall require the owner or operator of an HMIWI with a permitted charge rate of 750 pounds per hour or more to install, operate, and maintain continuous monitors for oxygen, carbon monoxide, or both as necessary to determine proper operation of the HMIWI. The Director may require the owner or operator of an HMIWI with a permitted charge rate of less than 750 pounds per hour to install, operate, and maintain monitors for oxygen or for carbon monoxide or both if necessary to determine proper operation of the HMIWI.
(3) In addition to the requirements of Subparagraphs (1) and (2) of this Paragraph, the owner or operator of a HMIWI shall comply with the reporting and recordkeeping requirements in 40 CFR 60.58c(b) through (g), excluding 40 CFR 60.58c(b)(2)(ii) and (b)(7).
(4) In addition to the requirements of Subparagraphs (1), (2) and (3) of this Paragraph, the owner or operator of a small remote HMIWI shall:
(A) maintain records of the annual equipment inspections, all required maintenance, and all repairs not completed within 10 days of an inspection;
(B) submit an annual report containing information recorded in Part (A) of this Subparagraph to the Director no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report. The report shall be signed by the HMIWI manager; and
(C) submit the reports required by Parts (A) and (B) of this Subparagraph to the Director semiannually if the HMIWI is subject to the permitting procedures of 15A NCAC 02Q .0500, Title V Procedures.
(5) Waste Management Guidelines. The owner or operator of a HMIWI shall comply with the requirements of 40 CFR 60.55c for the preparation and submittal of a waste management plan.
(6) Except as provided in Subparagraph (7) of this Paragraph, the owner or operator of any HMIWI shall comply with the monitoring requirements in 40 CFR 60.57c.
(7) The owner or operator of a small remote HMIWI shall:
(A) install, calibrate, maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation;
(B) install, calibrate, maintain, and operate a device that automatically measures and records the date, time, and weight of each charge fed into the HMIWI; and
(C) obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. Valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating hours per calendar quarter that the HMIWI is combusting hospital, medical, and infectious waste.
(8) An HMIWI, except for small remote HMIWI not equipped with an air pollution control device, that is subject to the emissions requirements in Table 1B or Table 2B of Subpart Ce of 40 CFR Part 60 or the more stringent of the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60 and Table 1A of Subpart Ec of 40 CFR Part 60 shall perform the monitoring requirements listed in 40 CFR 60.57c.
(9) The owner or operator of a small remote HMIWI, not equipped with an air pollution control device and subject to the emissions requirements in Table 2B of Subpart Ce of 40 CFR Part 60 shall:
(A) install, calibrate to manufacturers' specifications, maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation;
(B) install, calibrate to manufacturers' specifications, maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI; and
(C) obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. Valid monitoring data shall be obtained for 75 percent of the operating hours per day for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital, medical and infectious waste.
(10) An HMIWI for which construction commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998, and is subject to requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60 or any HMIWI for which construction was commenced after June 20, 1996, but no later than December 1, 2008, or for which modification is commenced after March 16, 1998, but no later than April 6, 2010, and that is subject to the requirements of Table 1B of this Subpart and Table 1A of Subpart Ec of 40 CFR Part 60 may use the results of previous emissions tests to demonstrate compliance with the emissions limits, provided that:
(A) previous emissions tests had been conducted using the applicable procedures and test methods listed in 40 CFR 60.56c(b);
(B) the HMIWI is currently operated in a manner that would be expected to result in the same or lower emissions than observed during the previous emissions test and has not been modified such that emissions would be expected to exceed; and
(C) the previous emissions tests had been conducted in 1996 or later.
(11) An HMIWI, (with the exception of small remote HMIWI and HMIWIs for which construction was commenced no later than December 1, 2008, or for which modification is commenced no later than April 6, 2010, and that is subject to the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60 or the more stringent of the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60 and Table 1A of Subpart Ec), shall include the reporting and recordkeeping requirements listed in 40 CFR 60.58c(b) through (g) in Subpart Ec.
(12) An HMIWI for which construction was commenced no later than December 1, 2008, or for which modification is commenced no later than April 6, 2010, and that is subject to the requirements listed in Table 1B or the more stringent of the requirements listed in Table 1B of Subpart Ce of 40 CFR Part 60 and Table 1A of Subpart Ec of 40 CFR Part 60 shall not be required to maintain records required in 40 CFR 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).
(g) Operator Training and Certification.
(1) The owner or operator of a HMIWI shall not allow the HMIWI to operate at any time unless a fully trained and qualified HMIWI operator is available at the facility or is available within one hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.
(2) Operator training and qualification shall be obtained by completing the requirements of 40 CFR 60.53c(c) through (g).
(3) The owner or operator of a HMIWI shall maintain, at the facility, all items required by 40 CFR 60.53c(h)(1) through (h)(10).
(4) The owner or operator of a HMIWI shall establish a program for reviewing the information required by Subparagraph (3) of this Paragraph annually with each HMIWI operator.
(5) The information required by Subparagraph (3) of this Paragraph shall be kept in a readily accessible location for all HMIWI operators. This information, along with records of training, shall be available for inspection by Division personnel upon request.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 40 CFR 60.34e;
Eff. October 1, 1991;
Amended Eff. January 1, 2011; June 1, 2008; August 1, 2002; July 1, 2000; July 1, 1999; July 1, 1998; July 1, 1996; April 1, 1995; December 1, 1993;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1207 CONICAL INCINERATORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
Eff. October 1, 1991;
Amended Eff. July 1, 2000; July 1, 1998;
Repealed Eff. July 1, 2018.
15A NCAC 02D .1208 OTHER INCINERATORS
(a) Applicability.
(1) This Rule shall apply to an incinerator not regulated by 15A NCAC 02D .1204, .1206, or 1210.
(2) An incinerator shall be exempt from Subparagraphs (b)(6) through (b)(9) and Paragraph (c) of this Rule if:
(A) the incinerator is used solely to cremate pets; or
(B) the emissions of all toxic air pollutants from an incinerator subject to this Rule and associated waste handling and storage are less than the levels listed in 15A NCAC 02Q .0711.
(b) Emission Standards.
(1) The emission standards in this Rule shall apply to an incinerator subject to this Rule except if 15A NCAC 02D .0524, 1110, or .1111 apply. However, if Subparagraphs (8) or (9) of this Paragraph and 15A NCAC 02D .0524, .1110, or .1111 regulate the same pollutant, the more restrictive provision for each pollutant shall apply notwithstanding provisions of 15A NCAC 02D .0524, .1110, or .1111 to the contrary.
(2) Particulate Matter. An incinerator subject to this Rule shall comply with one of the following emission standards for particulate matter:
(A) For refuse charge rates between 100 and 2000 pounds per hour, the allowable emissions rate for particulate matter from each stack or chimney of an incinerator subject to this Rule shall not exceed the level calculated with the equation E=0.002P calculated to two significant figures, where "E" equals the allowable emission rate for particulate matter in pounds per hour and "P" equals the refuse charge rate in pounds per hour. For refuse charge rates of 0 to 100 pounds per hour the allowable emission rate shall not exceed 0.2 pounds per hour. For refuse charge rates of 2000 pounds per hour or greater the allowable emission rate shall not exceed 4.0 pounds per hour. Compliance with this Part shall be determined by averaging emissions over a three-hour block period.
(B) Instead of meeting the standards in Part (A) of this Subparagraph, the owner or operator of an incinerator subject to this Rule may choose to limit particulate emissions from the incinerator to 0.08 grains per dry standard cubic foot corrected to 12 percent carbon dioxide. In order to choose this option, the owner or operator of the incinerator shall demonstrate that the particulate ambient air quality standards will not be violated. To correct to 12 percent carbon dioxide, the measured concentration of particulate matter shall be multiplied by 12 and divided by the measured percent carbon dioxide. Compliance with this Part shall be determined by averaging emissions over a three-hour block period.
(3) Visible Emissions. An incinerator subject to this Rule shall comply with 15A NCAC 02D .0521 for the control of visible emissions.
(4) Sulfur Dioxide. An incinerator subject to this Rule shall comply with 15A NCAC 02D .0516 for the control of sulfur dioxide emissions.
(5) Odorous Emissions. An incinerator subject to this Rule shall comply with 15A NCAC 02D .1806 for the control of odorous emissions.
(6) Hydrogen Chloride. An incinerator subject to this Rule shall control emissions of hydrogen chloride such that they do not exceed four pounds per hour unless they are reduced by at least 90 percent by weight or to no more than 50 parts per million by volume corrected to seven percent oxygen (dry basis). Compliance with this Subparagraph shall be determined by averaging emissions over a one-hour period.
(7) Mercury Emissions. Emissions of mercury and mercury compounds from the stack or chimney of an any incinerator subject to this Rule shall not exceed 0.032 pounds per hour. Compliance with this Subparagraph shall be determined by averaging emissions over a one-hour period.
(8) Toxic Emissions. The owner or operator of an incinerator subject to this Rule shall demonstrate compliance with 15A NCAC 02D .1100 according to 15A NCAC 02Q .0700.
(9) Ambient Standards.
(A) In addition to the ambient air quality standards in 15A NCAC 02D .0400, the following ambient air quality standards, measured by an annual average in milligrams per cubic meter at 77 degrees Fahrenheit (25 degrees Celsius) and 29.92 inches (760 mm) of mercury pressure and in increments above background concentrations, shall apply aggregately to all incinerators at a facility subject to this Rule:
(i) arsenic and its compounds 2.1x10-6
(ii) beryllium and its compounds 4.1x10-6
(iii) cadmium and its compounds 5.5x10-6
(iv) chromium (VI) and its compounds 8.3x10-8
(B) The owner or operator of a facility with incinerators subject to this Rule shall demonstrate compliance with the ambient standards in Subparts (i) through (iv) of Part (A) of this Subparagraph by following the procedures set out in 15A NCAC 02D .1106. Modeling demonstrations shall comply with the requirements of 15A NCAC 02D .0533.
(C) The emission rates computed or used under Part (B) of this Subparagraph that demonstrate compliance with the ambient standards under Part (A) of this Subparagraph shall be specified as a permit condition for the facility with incinerators subject to this Rule as their allowable emission limits unless 15A NCAC 02D .0524, .1110 or .1111 requires more restrictive rates.
(c) Operational Standards.
(1) The operational standards in this Rule shall not apply to any incinerator subject to this Rule when applicable operational standards in 15A NCAC 02D .0524, .1110, or .1111 apply.
(2) Crematory Incinerators. Gases generated by the combustion in a crematory incinerator shall be subjected to a minimum temperature of 1600 degrees Fahrenheit for a period of not less than one second.
(3) Other Incinerators. An incinerator not subject to any other rule in this Section shall meet the following requirement: Gases generated by the combustion shall be subjected to a minimum temperature of 1800 degrees Fahrenheit for a period of not less than one second. The temperature of 1800 degrees Fahrenheit shall be maintained at least 55 minutes out of each 60-minute period, but at no time shall the temperature go below 1600 degrees Fahrenheit.
(4) Except during a start-up procedure that has been approved pursuant to 15A NCAC 02D .0535(g), waste material shall not be loaded into any incinerator subject to this Rule when the temperature is below the minimum required temperature. Start-up procedures may be determined on a case-by-case basis pursuant to 15A NCAC 02D .0535(g). An incinerator subject to this Rule shall have automatic auxiliary burners that are capable of maintaining the required minimum temperature in the secondary chamber excluding the heat content of the wastes.
(d) Test Methods and Procedures.
(1) The test methods and procedures described in 15A NCAC 02D .2600 and in 40 CFR Part 60 Appendix A and 40 CFR Part 61 Appendix B shall be used to determine compliance with emission rates. Method 29 of 40 CFR Part 60 shall be used to determine emission rates for metals. However, Method 29 shall be used to sample for chromium (VI), and SW 846 Method 0060 shall be used for the analysis.
(2) The Director shall require the owner or operator to test his incinerator to demonstrate compliance with the emission standards listed in Paragraph (b) of this Rule if necessary to determine compliance with the emission standards of Paragraph (b) of this Rule.
(e) Monitoring, Recordkeeping, and Reporting.
(1) The owner or operator of an incinerator subject to the requirements of this Rule shall comply with the monitoring, recordkeeping, and reporting requirements in 15A NCAC 02D .0600.
(2) The owner or operator of an incinerator, except an incinerator meeting the requirements of 15A NCAC 02D .1201(b)(4)(A) through (D), shall maintain and operate a continuous temperature monitoring and recording device for the primary chamber and, if there is a secondary chamber, for the secondary chamber. The Director shall require a temperature monitoring device for incinerators meeting the requirements of 15A NCAC 02D .1201(b)(4)(A) through (D) if the incinerator is in violation of the requirements of 15A NCAC 02D .1201(b)(4)(D). The owner or operator of an incinerator that has installed air pollution abatement equipment to reduce emissions of hydrogen chloride shall install, operate, and maintain continuous monitoring equipment to measure the pH for wet scrubber systems and the rate of alkaline injection for dry scrubber systems. The Director shall require the owner or operator of an incinerator with a permitted charge rate of 750 pounds per hour or more to install, operate, and maintain continuous monitors for oxygen or for carbon monoxide or both as necessary to determine proper operation of the incinerator. The Director shall require the owner or operator of an incinerator with a permitted charge rate of less than 750 pounds per hour to install, operate, and maintain monitors for oxygen or for carbon monoxide or both if necessary to determine proper operation of the incinerator.
(f) Excess Emissions and Start-up and Shut-down. An incinerator subject to this Rule shall comply with 15A NCAC 02D 0535.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. July 1, 1998;
Amended Eff. August 1, 2008; June 1, 2008; July 1, 2007; January 1, 2005; August 1, 2002; July 1, 2000; July 1, 1999;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1209 COMPLIANCE SCHEDULES
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4),(5);
Eff. October 1, 1991;
Amended Eff. July 1, 1999; July 1, 1998; April 1, 1995; December 1, 1993; March 2, 1992;
Repealed Eff. July 1, 2000.
15A NCAC 02D .1210 COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS
(a) Applicability. Unless exempt pursuant to Paragraph (b) of this Rule, this Rule shall apply to existing commercial and industrial solid waste incineration (CISWI) units, including energy recovery units, kilns, small remote incinerators, and air curtain incinerators that burn solid waste, pursuant to 40 CFR 60.2550 and as defined in 40 CFR 60.2875. An "existing CISWI unit" means a unit that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010, but no later than August 7, 2013.
(b) Exemptions. The following types of combustion units shall be exempted from this Rule:
(1) incineration units subject to Rules 15A NCAC 02D .1203 through 15A NCAC 02D .1206 and 15A NCAC 02D .1212;
(2) pathological waste incineration units burning 90 percent or more by weight on a calendar-quarter basis, excluding the weight of auxiliary fuel and combustion air, of pathological waste, low-level radioactive waste, or chemotherapeutic waste, as defined in 40 CFR 60.2875, if the owner or operator of the unit:
(A) notifies the Director that the unit qualifies for this exemption; and
(B) keeps records on a calendar-quarter basis of the weight of pathological waste, low-level radioactive waste, or chemotherapeutic waste burned and the weight of all other fuels and wastes burned in the unit;
(3) small power production or cogeneration units if:
(A) the unit qualifies as a small power-production facility pursuant to Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) or as a cogeneration facility pursuant to Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B));
(B) the unit burns homogeneous waste, not including refuse-derived fuel, to produce electricity, steam, or other forms of energy used for industrial, commercial, heating, or cooling purposes;
(C) the owner or operator of the unit notifies the Director that the unit qualifies for this exemption; and
(D) the owner or operator of the unit maintains the records specified in 40 CFR 60.2740(v) for a small power-production facility or 40 CFR 60.2740(w) for a cogeneration facility;
(4) units that combust waste for the primary purpose of recovering metals;
(5) cyclonic barrel burners;
(6) rack, part, and drum reclamation units that burn the coatings off racks used to hold small items for application of a coating;
(7) chemical recovery units as defined in 40 CFR 60.2875;
(8) laboratory analysis units that burn samples of materials for the purpose of chemical or physical analysis;
(9) air curtain incinerators that meet the requirements specified in 15A NCAC 02D .1904 and that burn only the following materials:
(A) 100 percent wood waste;
(B) 100 percent clean lumber; or
(C) 100 percent mixture of only wood waste, clean lumber, and/or yard waste;
(10) sewage treatment plants that are subject to 40 CFR 60 Subpart O Standards of Performance for Sewage Treatment Plants;
(11) space heaters that meet the requirements of 40 CFR 279.23;
(12) soil treatment units that thermally treat petroleum contaminated soils for the sole purpose of site remediation; and
(13) the owner or operator of a combustion unit that is subject to this Rule may petition for an exemption to this Rule by obtaining a determination that the material being combusted is;
(A) not a solid waste pursuant to the legitimacy criteria of 40 CFR 241.3(b)(1);
(B) a non-waste pursuant to the petition process submitted pursuant to 40 CFR 241.3(c); or
(C) a fuel that has been processed from a discarded non-hazardous secondary material pursuant to 40 CFR 241.3(b)(4).
(c) Definitions. For the purpose of this Rule, the definitions contained in 40 CFR 60.2875 shall apply in addition to the definitions in 15A NCAC 02D .1202. Solid waste is defined pursuant to 40 CFR 60.2875 and 40 CFR Part 241 Standards for Combustion of Non-Hazardous Secondary Materials (NHSM).
(d) Compliance Schedule. All CISWI units subject to this Rule shall be in compliance with this Rule no later than February 7, 2018.
(e) Emission Standards. The emission standards in this Rule shall apply to all CISWI units subject to this Rule except if 15A NCAC 02D .0524, .1110, or .1111 applies. If Subparagraph (4) of this Paragraph and 15A NCAC 02D .0524, .1110, or .1111 regulate the same pollutant, the more restrictive provision for each pollutant shall apply, notwithstanding provisions of 15A NCAC 02D .0524, .1110, or .1111 to the contrary.
(1) CISWI units subject to this Rule, including bypass stacks or vents, must meet the emissions limits specified in Tables 6 through 9 of 40 CFR 60 Subpart DDDD. The emission limitations shall apply at all times the unit is operating, including and not limited to startup, shutdown, or malfunction.
(2) Units that do not use wet scrubbers shall maintain opacity to less than or equal to 10 percent opacity using an averaging time of three 1-hour blocks consisting of ten 6-minute average opacity values as measured by 40 CFR 60 Appendix A-4 Test Method 9 pursuant to Table 2 of 40 CFR 60 Subpart DDDD.
(3) Odorous Emissions. An incinerator subject to this Rule shall comply with 15A NCAC 02D .1806 for the control of odorous emissions.
(4) Toxic Emissions. The owner or operator of a CISWI unit subject to this Rule shall demonstrate compliance with 15A NCAC 02D .1100 according to 15A NCAC 02Q .0700.
(f) Operational Standards.
(1) The operational standards in this Rule shall not apply to any CISWI unit subject to this Rule if applicable operational standards in 15A NCAC 02D .0524, .1110, or .1111 apply.
(2) The owner or operator of a CISWI unit subject to this Rule shall operate the CISWI unit according to the provisions in 40 CFR 60.2675.
(3) If an air pollution control device other than a wet scrubber, activated carbon sorbent injection, selective non-catalytic reduction, fabric filter, electrostatic precipitator, or dry scrubber is used to comply with this Rule or if emissions are limited in some other manner, including mass balances, to comply with the emission standards of Subparagraph (e)(1) of this Rule, the owner or operator shall petition the EPA Administrator in accordance with the requirements in 40 CFR 60.2680 for specific operating limits that shall be established during the initial performance test and be continuously monitored thereafter.
(g) Test Methods and Procedures.
(1) For the purposes of this Paragraph, "Administrator" in 40 CFR 60.8 means "Director."
(2) The test methods and procedures described in 15A NCAC 02D .2600, in Tables 6 through 9 of 40 CFR 60 Subpart DDDD, in 40 CFR 60.2670(b), and in 40 CFR 60.2690 shall be used to determine compliance with emission standards in Subparagraph (e)(1) of this Rule.
(3) Compliance with the opacity limit in Subparagraph (e)(2) of this Rule shall be determined using 40 CFR 60 Appendix A-4 Test Method 9.
(h) Initial Compliance Requirements.
(1) The owner or operator of a CISWI unit subject to this Rule shall demonstrate initial compliance with the emission limits in Subparagraph (e)(1) of this Rule and establish the operating standards in Paragraph (f) of this Rule according to the provisions in 40 CFR 60.2700 through 40 CFR 60.2706. If an owner or operator commences or recommences combusting a solid waste at an existing combustion unit at any commercial or industrial facility, the owner or operator shall comply with the requirements of this Paragraph.
(2) The owner or operator of a CISWI unit subject to this Rule shall conduct an initial performance test pursuant to 40 CFR 60.2670, 40 CFR 60.2690, and Paragraph (g) of this Rule. The initial performance test shall be conducted no later than 180 days after February 7, 2018, or according to 40 CFR 60.2705(b) or (c). The use of the bypass stack during a performance test shall invalidate the performance test. The initial performance test shall be used to:
(A) determine compliance with the emission standards in Subparagraph (e)(1) of this Rule;
(B) establish compliance with opacity operating limits in 40 CFR 60.2675(h);
(C) establish the kiln-specific emission limit in 40 CFR 60.2710(y), as applicable; and
(D) establish operating limits using the procedures in 40 CFR 60.2675 or 40 CFR 60.2680 and in Paragraph (f) of this Rule.
(3) The owner or operator of a CISWI unit subject to this Rule shall also conduct:
(A) a performance evaluation of each continuous emissions monitoring system (CEMS) or continuous monitoring system within 60 days of installation of the monitoring system; and
(B) an initial air pollution control device inspection no later than 180 days after February 7, 2018, pursuant to 40 CFR 60.2706.
(i) Continuous Compliance Requirements.
(1) The owner or operator of a CISWI unit subject to this Rule shall demonstrate continuous compliance with the emission limits in Subparagraph (e)(1) of this Rule and the operating standards in Paragraph (f) of this Rule according to the provisions in 40 CFR 60.2710 through 40 CFR 60.2725.
(2) If an existing CISWI unit that combusted a fuel or non-waste material commences or recommences combustion of solid waste, the owner or operator shall:
(A) be subject to the provisions of 40 CFR 60 Subpart DDDD on the first day solid waste is introduced or reintroduced into the combustion chamber, and this date constitutes the effective date of the fuel-to-waste switch;
(B) complete all initial compliance demonstrations for any Section 112 standards that are applicable to the facility before commencing or recommencing combustion of solid waste; and
(C) provide 30 days prior notice of the effective date of the waste-to-fuel switch identifying the parameters listed in 40 CFR 60.2710(a)(4)(i) through (v).
(3) Pursuant to 40 CFR 60.2710(v), the use of a bypass stack at any time shall be an emissions standards deviation for particulate matter, hydrogen chloride, lead, cadmium, mercury, nitrogen oxides, sulfur dioxide, and dioxin/furans.
(4) The owner or operator of a CISWI unit subject to this Rule shall conduct an annual performance test for the pollutants listed in Subparagraph (e)(1) of this Rule, including opacity and fugitive ash, to determine compliance with the emission standards in 40 CFR 60 Subpart DDDD Tables 6 through 9. The annual performance test shall be conducted according to the provisions in Paragraph (g) of this Rule. Annual performance tests shall not be required if CEMS or continuous opacity monitoring systems are used to determine compliance.
(5) The owner or operator shall continuously monitor the operating parameters established in Paragraph (f) of this Rule and as specified in 40 CFR 60.2710(c) and 40 CFR 60.2735.
(6) The owner or operator of an energy recovery unit subject to this Rule shall only burn the same types of waste and fuels used to establish applicability to this Rule and to establish operating limits during the performance test.
(7) The owner or operator shall comply with the monitoring system-specific, unit-specific, and pollutant-specific provisions pursuant to 40 CFR 60.2710(e) through (j), (m) through (u), and (w) through (y).
(8) The owner or operator shall conduct an annual inspection of air pollution control devices used to meet the emission limitations in this Rule, as specified in 40 CFR 60.2710(k).
(9) The owner or operator shall develop and submit to the Director for approval a site-specific monitoring plan pursuant to the requirements in 40 CFR 60.2710(l). This plan shall be submitted at least 60 days before the initial performance evaluation of a continuous monitoring system. The owner or operator shall conduct a performance evaluation of each continuous monitoring system in accordance with the site-specific monitoring plan. The owner or operator shall operate and maintain the continuous monitoring system in continuous operation according to the site-specific monitoring plan.
(10) The owner or operator shall meet all applicable monitoring system requirements specified in 40 CFR 60.2710(m) through (u) and (w) through (y).
(j) Monitoring.
(1) The owner or operator of a CISWI unit subject to this Rule shall comply with the monitoring requirements in 15A NCAC 02D .0600 and 40 CFR 60.2730 through 60.2735.
(2) For each continuous monitoring system required or optionally allowed pursuant to 40 CFR 60.2730, the owner or operator shall monitor and collect data according to 40 CFR 60.2735.
(3) The owner or operator of a CISWI unit subject to this Rule shall establish, install, calibrate to manufacturers specifications, maintain, and operate:
(A) devices or methods for monitoring parameters used to determine compliance with the operating parameters established under Subparagraph (f)(2) of this Rule, as specified in 40 CFR 60.2730;
(B) devices or methods necessary to monitor compliance with the site-specific operating parameters established pursuant to Subparagraph (f)(3) of this Rule, as specified by 40 CFR 60.2730(c).
(4) To demonstrate continuous compliance with an emissions limit, a facility may substitute use of a CEMS, a continuous automated sampling system, or other device specified by 40 CFR 60.2730 for conducting the annual emissions performance test and for monitoring compliance with operating parameters, as specified by 40 CFR 60.2730.
(5) The owner or operator of a CISWI unit subject to this Rule with a bypass stack shall install, calibrate to manufacturers' specifications, maintain, and operate a device or method for measuring the use of the bypass stack. including date, time, and duration.
(6) The owner or operator of a CISWI unit subject to this Rule shall conduct all monitoring at all times the CISWI unit is operating, except during:
(A) monitoring system malfunctions and associated repairs specified in 40 CFR 60.2735;
(B) monitoring system out-of-control periods specified in 40 CFR 60.2770(o);
(C) required monitoring system quality assurance or quality control activities, including calibrations checks and required zero and span adjustments of the monitoring system; and
(D) scheduled maintenance as defined in the site-specific monitoring plan required by Subparagraph (i)(9) of this Rule.
(7) The data recorded during monitoring malfunctions, out-of-control periods, repairs associated with malfunctions or out-of-control periods, required quality assurance or quality control activities, and site-specific scheduled maintenance shall not be used in assessing compliance with the operating standards in Paragraph (f) of this Rule. Owners and operators of a CISWI unit subject to this Rule shall use all the data collected during all other periods, including data normalized for above-scale readings, in assessing the operation of the control device and the associated control system.
(8) Owners or operators of a CISWI unit subject to this Rule shall perform monitoring system repairs in response to monitoring system malfunctions or out-of-control periods and return the monitoring system to operation as expeditiously as practicable.
(9) Except for periods of monitoring system malfunctions or out-of-control periods, repairs associated with monitoring system malfunctions or out-of-control periods, and required monitoring system quality assurance or quality control activities, including, as applicable, calibration checks and required zero and span adjustments, failure to collect required monitoring data shall constitute a deviation from the monitoring requirements.
(k) Deviations, Malfunctions, and Out of Control Periods.
(1) Owners and operators of a CISWI unit subject to this Rule shall report all deviations as defined in 40 CFR 60.2875 including the following:
(A) a deviation from operating limits in Table 3 of 40 CFR 60 Subpart DDDD or a deviation from other operating limits established pursuant to Paragraph (f), 40 CFR 60.2675(c) through (g), or 40 CFR 60.2680, including any recorded 3-hour average parameter level that is above the established maximum operating limit or below the established minimum operating limit;
(B) a deviation from the emission limitations established pursuant to Tables 6 through 9 of 40 CFR 60 Subpart DDDD that is detected through monitoring or during a performance test;
(C) a deviation from the CISWI operator qualification and accessibility requirements established pursuant to 40 CFR 60.2635; or
(D) a deviation from any term or condition included in the operating permit of the CISWI unit.
(2) Owners and operators of a CISWI unit subject to this Rule shall submit all required deviation reports as specified by Paragraph (l) of this Rule. The deviation report shall be submitted by August 1 of the year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data collected during the second half of the calendar year (July 1 to December 31). In addition, the owner and operator shall report the deviation in the annual report specified by Paragraph (l) of this Rule.
(3) Owners and operators of a CISWI unit subject to this Rule shall report all malfunctions, as defined in 40 CFR 60.2875, in the annual report specified by Paragraph (j) and Paragraph (l) of this Rule.
(4) Owners and operators of a CISWI unit subject to this Rule shall report all periods during which a continuous monitoring system, including a CEMS, was out of control in the annual report specified by Paragraph (j) and Paragraph (l) of this Rule.
(l) Recordkeeping and Reporting.
(1) The owner or operator of a CISWI unit subject to this Rule shall maintain records required by this Rule on site for a period of five years in either paper copy, electronic format that can be printed upon request, or an alternate format that has been approved by the Director.
(2) Combustion units that are exempt units pursuant to Paragraph (b) of this Rule shall be subject to the recordkeeping and reporting requirements in 40 CFR 60.2740(u) through 40 CFR 60.2740(w).
(3) The owner or operator of a CISWI unit subject to this Rule shall maintain all records required by 40 CFR 60.2740 through 60.2800.
(4) The owner or operator of a CISWI unit subject to this Rule shall submit the following reports with the required information and by the required due dates specified in Table 5 of 40 CFR 60, Subpart DDDD:
(A) the waste management plan specified in 40 CFR 60.2755;
(B) the initial test report specified in 40 CFR 60.2760;
(C) the annual report specified in 40 CFR 60.2765 and 60.2770;
(D) the emission limitation or operating limit deviation report specified in 40 CFR 60.2775 and 60.2780;
(E) the qualified operator deviation notification specified in 40 CFR 60.2785(a)(1);
(F) the qualified operator deviation status report, specified in 40 CFR 60.2785(a)(2);
(G) the qualified operator deviation notification of resuming operation specified in 40 CFR 60.2785(b).
(5) The owner or operator shall maintain CISWI unit operator records specified by 40 CFR 60.2660, 60.2665, and 60.2740(g) through (i). If the CISWI unit has been shut down by the Director pursuant to 40 CFR 60.2665(b)(2) due to failure to provide an accessible qualified operator, the owner or operator shall notify the Director that the operations have resumed after a qualified operator is accessible.
(6) The owner or operator of a CISWI unit subject to this Rule may request changing semiannual or annual reporting dates specified in this Paragraph, and the Director shall review the requested change using the procedures specified in 40 CFR 60.19(c).
(7) Reports shall be submitted to US EPA as specified in 40 CFR 60.2795.
(A) The owner or operator of the CISWI unit shall submit initial, annual, and deviation reports electronically on or before the submittal due dates specified in 40 CFR 60.2795(a) via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (). Reports required pursuant to this Rule shall be submitted electronically or in paper format and postmarked on or before the submittal due dates.
(B) The owner or operator shall submit results of each performance test and CEMS performance evaluation within 60 days of the test or evaluation following the procedure specified in 40 CFR 60.2795(b).
(i) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) listed on the EPA's ERT Web site () at the time of the test, the owner or operator shall submit the results of the performance test to the EPA via the CEDRI.
(ii) For data collected using test methods that are not supported by the EPA's ERT listed on the EPA's ERT Web site at the time of the test, the owner or operator shall submit the results of the performance test to the Director.
(m) Operator Training and Certification.
(1) The owner or operator of the CISWI unit subject to this Rule shall not allow the CISWI unit to operate at any time unless a fully trained and qualified CISWI unit operator is present at the facility or can be present at the facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more plant personnel who operate the unit.
(2) Operator training and qualification shall be obtained by completing the requirements of 40 CFR 60.2635(c) by the later of:
(A) six months after CISWI unit startup;
(B) six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit; or
(C) February 7, 2018.
(3) Operator qualification shall be valid from the date on which the training course is completed and the operator passes the examination required by 40 CFR 60.2635(c)(2).
(4) Operator qualification shall be maintained by completing an annual review or refresher course covering, at a minimum, the topics specified in 40 CFR 60.2650(a) through (e).
(5) Lapsed operator qualification shall be renewed by:
(A) completing a standard annual refresher course as specified in Subparagraph (4) of this Paragraph for a lapse less than three years; or
(B) repeating the initial qualification requirements as specified in Subparagraph (2) of this Paragraph for a lapse of three years or more.
(6) The owner or operator of a CISWI unit subject to this Rule shall:
(A) have documentation specified in 40 CFR 60.2660(a)(1) through (10) and (c)(1) through (c)(3) available at the facility, accessible for all CISWI unit operators, and suitable for inspection upon request;
(B) establish a program for reviewing the documentation specified in Part (A) of this Subparagraph with each CISWI unit operator. The initial review of the documentation specified in Part (A) of this Subparagraph shall be conducted no later than February 7, 2018, or no later than six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit; and
(C) conduct subsequent annual reviews of the documentation specified in Part (A) of this Subparagraph no later than twelve months following the previous review.
(7) The owner or operator of a CISWI unit subject to this Rule shall meet one of the two criteria specified in 40 CFR 60.2665(a) and (b), if all qualified operators are temporarily not at the facility and not able to be at the facility within one hour.
(n) Prohibited waste. The owner or operator of a CISWI subject to this Rule shall not incinerate any of the wastes listed in G.S. 130A-309.10(f1).
(o) Waste Management Plan.
(1) The owner or operator of a CISWI unit subject to this Rule shall submit a written waste management plan to the Director that identifies the feasibility and the methods used to reduce or separate components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.
(2) The waste management plan shall include:
(A) consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals and the use of recyclable materials;
(B) a description of how the materials listed in G.S. 130A-309.10(f1) are to be segregated from the waste stream for recycling or proper disposal;
(C) identification of any additional waste management measures; and
(D) implementation of those measures considered practical and feasible based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and the environmental or energy impacts that the measures may have.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4),(5); 40 CFR 60.215(a)(4);
Eff. August 1, 2002;
Amended Eff. June 1, 2008; January 1, 2005;
Readopted Eff. July 1, 2018.
15A NCAC 02D .1211 OTHER SOLID WASTE INCINERATION UNITS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4), (5), (10); 40 CFR 60.3014 through 60.3020;
Eff. August 1, 2007;
Repealed Eff. July 1, 2018.
15A NCAC 02D .1212 SMALL MUNICIPAL WASTE COMBUSTORS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 40 CFR 60.35b; 40 CFR 60.34e; 40 CFR 60.1515;
Eff. July 1, 2010;
Repealed Eff. July 1, 2018.
SECTION .1300 - OXYGENATED GASOLINE STANDARD
15A NCAC 02D .1301 PURPOSE
15A NCAC 02D .1302 applicability
15A NCAC 02D .1303 definitions
15A NCAC 02D .1304 oxygen content standard
15A NCAC 02D .1305 measurement and enforcement
History Note: Authority G.S. 119-26; 143-213; 143-215.3(a)(1); 143-215.107(a)(3),(7); 143-215.108(c)(7); 150B-21.6;
Eff. September 1, 1992;
Amended Eff. November 1, 1994;
Temporary Amendment Eff. October 23, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Amended Eff. July 1, 1998; September 1, 1996;
Repealed Eff. January 1, 2018.
SECTION .1400 – NITROGEN OXIDES
15A NCAC 02D .1401 DEFINITIONS
(a) For the purpose of this Section, in addition to the definitions in G.S. 143-212, G.S. 143-213, and 15A NCAC 02D .0101, the following definitions shall apply. If a term in this Rule is also defined at 15A NCAC 02D .0101, then the definition in this Rule controls.
(1) "Acid Rain Program" means the federal program for the reduction of acid rain including 40 CFR Parts 72, 75, 76, and 77.
(2) "Actual emissions" means for 15A NCAC 02D .1418, emissions of NOx as measured and calculated pursuant to 40 CFR Part 75, Subpart H.
(3) "Actual heat input" means for 15A NCAC 02D .1418, heat input as measured and calculated pursuant to 40 CFR Part 75, Subpart H.
(4) "Averaging set of sources" means all the stationary sources included in an emissions averaging plan pursuant to 15A NCAC 02D .1410.
(5) "Averaging source" means a stationary source that is included in an emissions averaging plan pursuant to 15A NCAC 02D .1410.
(6) "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
(7) "Combined cycle system" means a system consisting of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.
(8) "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.
(9) "Diesel engine" means a compression ignited two- or four-stroke engine in which liquid fuel injected into the combustion chamber ignites when the air charge has been compressed to a temperature sufficiently high for auto-ignition.
(10) "Dual fuel engine" means a compression ignited stationary internal combustion engine that is burning liquid fuel and gaseous fuel simultaneously.
(11) "EGU" or electric generating unit means a stationary, fossil fuel-fired boiler or combustion turbine that serves a generator with a nameplate capacity greater than 25 MWe producing electricity for sale at any time, except a large non-EGU.
(12) "Emergency generator" means a stationary internal combustion engine used to generate electricity only during:
(A) the loss of primary power at the facility that is beyond the control of the owner or operator of the facility; or
(B) maintenance when maintenance is being performed on the power supply to equipment that is essential in protecting the environment or to such equipment itself.
An emergency generator may be operated periodically to ensure that it will operate.
(13) "Emergency use internal combustion engines" means stationary internal combustion engines used to drive pumps, aerators, and other equipment only during:
(A) the loss of primary power at the facility that is beyond the control of the owner or operator of the facility; or
(B) maintenance when maintenance is being performed on the power supply to equipment that is essential in protecting the environment or to such equipment itself.
An emergency use internal combustion engine may be operated periodically to ensure that it will operate.
(14) "Excess emissions" means an emission rate that exceeds the applicable limitation or standard; for the purposes of this definition, NOx emitted by a source regulated by 15A NCAC 02D .1418 during the ozone season above its allocation are not considered excess emissions.
(15) "Fossil fuel fired" means:
(A) For sources that began operation before January 1, 1996, where fossil fuel combusted either alone or in combination with any other fuel, comprises more than 50 percent of the annual heat input on a Btu basis during 1995, or, if a source had no heat input in 1995, during the last year of operation of the unit before 1995;
(B) For sources that began operation on or after January 1, 1996 and before January 1, 1997, where fossil fuel combusted either alone or in combination with any other fuel, comprises more than 50 percent of the annual heat input on a Btu basis during 1996; or
(C) For sources that began operation on or after January 1, 1997:
(i) Where fossil fuel combusted either alone or in combination with any other fuel, comprises more than 50 percent of the annual heat input on a Btu basis during any year; or
(ii) Where fossil fuel combusted either alone or in combination with any other fuel, is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year, provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the source begins combusting fossil fuel.
(16) "Indirect-fired process heater" means an enclosed device using controlled flame where the device's primary purpose is to transfer heat by indirect heat exchange to a process fluid, a process material that is not a fluid, or a heat transfer material, instead of steam, for use in a process.
(17) "Large non-EGU" or large non-electric generating unit means a stationary fossil fuel fired boiler or combustion turbine with a maximum heat input greater than 250 MMBtu/hr that either:
(A) does not serve at any time a generator producing electricity for sale; or
(B) serves at any time a generator producing electricity for sale and qualifies under 40 CFR 72.6(b)(4), that addresses certain cogeneration facilities, as an unaffected unit for purposes of the Acid Rain Program.
(18) "Lean-burn internal combustion engine" means a spark ignition internal combustion engine originally designed and manufactured to operate with an exhaust oxygen concentration greater than one percent.
(19) "NOx" means nitrogen oxides.
(20) "NOx SIP Call control period" for the purposes of the NOx SIP Call budgets in 15A NCAC 02D .1425 means the period May 1 through the end of September 30.
(21) "Ozone season" means the period beginning May 1 and ending September 30.
(22) "Potential emissions" means the quantity of NOx that would be emitted at the maximum capacity of a stationary source to emit NOx under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit NOx 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.
(23) "Projected seasonal energy input" means the maximum design heat input per hour times 3300 hours.
(24) "Projected seasonal energy output" means the maximum design energy output per hour times 3300 hours.
(25) "Reasonable assurance" means a demonstration to the Director that a method, procedure, or technique is possible and practical for a source or facility under the expected operating conditions.
(26) "Reasonably Available Control Technology" or "RACT" means the lowest emission limitation for NOx that a particular source can meet by the application of control technology that is reasonably available considering technological and economic feasibility.
(27) "Reasonable effort" means the proper installation of technology designed to meet the requirements of 15A NCAC 02D .1407, .1408, or .1409 and the utilization of this technology according to the manufacturer's recommendations or other similar guidance for not less than six months, in an effort to meet the applicable limitation for a source.
(28) "Rich-burn internal combustion engine" means a spark ignition internal combustion engine originally designed and manufactured to operate with an exhaust oxygen concentration less than or equal to one percent.
(29) "Seasonal energy input" means the total energy input of a combustion source during the period beginning May 1 and ending September 30.
(30) "Seasonal energy output" means the total energy output of a combustion source during the period beginning May 1 and ending September 30.
(31) "Shutdown" means the cessation of operation of a source or its emission control equipment.
(32) "Source" means a stationary boiler, combustion turbine, combined cycle system, reciprocating internal combustion engine, indirect-fired process heater, or a stationary article, machine, process equipment, or other contrivance, or combination thereof, from which NOx emanate or are emitted.
(33) "Startup" means the commencement of operation of any source that has shutdown or ceased operation for a period sufficient to cause temperature, pressure, process, chemical, or pollution control device imbalance that would result in excess emissions.
(34) "Stationary internal combustion engine" means a reciprocating internal combustion engine that is not self-propelled; however, it may be mounted on a vehicle for portability.
(b) Whenever reference is made to the Code of Federal Regulations in this Section, the definitions in the Code of Federal Regulations shall apply unless specifically stated otherwise in a particular rule in this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(7); 143-215.107(a)(10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. July 18, 2002;
Readopted Eff. October 1, 2020;
Amended Eff. May 1, 2022.
15A NCAC 02D .1402 APPLICABILITY
(a) The rules in this Section do not apply except as specifically set out in this Rule.
(b) The requirements of this Section apply to all sources May 1 through September 30 of each year.
(c) Rules 15A NCAC 02D .1409(c), .1418, .1423, .1424, and .1425 apply Statewide.
(d) Rules 15A NCAC 02D .1407 through .1409(b) and .1413 apply to facilities with potential emissions of NOx greater than or equal to 100 tons per year or 560 pounds per calendar day beginning May 1 through September 30 of any year in the following areas:
(1) Cabarrus County;
(2) Gaston County;
(3) Lincoln County;
(4) Mecklenburg County;
(5) Rowan County;
(6) Union County; and
(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 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 where 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 the purposes of notifying permitted facilities in Forsyth County, "Director" means the Director of the Forsyth County local air pollution control program. Compliance shall be determined by 15A NCAC 02D .1403.
(f) If a violation of the ambient air quality standard for ozone is measured according to 40 CFR 50.9 in Durham County, 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 County, 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 15A NCAC 02D .1407 through .1409(b) and 15A NCAC 02D .1413, the Director shall send written notification to all permitted facilities within the county where 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 according to 15A NCAC 02D .1403.
(g) If the State nonattainment plan for ozone has failed to attain the ambient air quality standard for ozone in 40 CFR 50.9 and does not qualify for an extension of the attainment date 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 of NOx per year. Once the nonattainment plan for ozone has failed and the area does not qualify for an extension of the attainment date, the Director shall notice the applicability of these Rules to those sources in the North Carolina Register and shall send written notification to all permitted facilities within the counties where 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 the purposes of notifying permitted facilities in Mecklenburg County, "Director" means the Director of the Mecklenburg County local air pollution control program. Compliance shall be according to 15A NCAC 02D .1403.
(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 pursuant to 15A NCAC 02Q .0102 or is an insignificant activity as defined in 15A NCAC 02Q .0103;
(2) incinerator or thermal or catalytic oxidizer used primarily for the control of air pollution;
(3) emergency generator;
(4) emergency use internal combustion engine; or
(5) 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:
[pic]
(B) for natural gas-fired engines:
[pic]
where t equals time in hours and ES equals engine size in horsepower.
History Note: Authority G.S. 143-215.3(a)(1); 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(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 Amendment expired September 29, 2009;
Amended Eff. January 1, 2010;
Readopted Eff. October 1, 2020;
Amended Eff. May 1, 2022.
15A NCAC 02D .1403 COMPLIANCE SCHEDULES
(a) Applicability. This Rule applies to sources regulated by 15A NCAC 02D .1402(d), (e), (f), or (g).
(b) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of a source subject to this Rule because of the applicability of 15A NCAC 02D .1402(d), (e), (f), or (g) shall adhere to the following increments of progress and schedules:
(1) If compliance with this Section is to be achieved through a demonstration to certify compliance without source modification:
(A) The owner or operator shall notify the Director in writing within six months after the Director's notice in the North Carolina Register that the source is in compliance with the applicable limitation or standard;
(B) The owner or operator shall perform any required testing, pursuant to 15A NCAC 02D .1415, within 12 months after the Director's notice in the North Carolina Register to demonstrate compliance with the applicable limitation; and
(C) The owner or operator shall implement any required recordkeeping and reporting requirements pursuant to 15A NCAC 02D .1404, within 12 months after the Director's notice in the North Carolina Register to demonstrate compliance with the applicable limitation.
(2) If compliance with this Section is to be achieved through the installation of combustion modification technology or other source modification:
(A) The owner or operator shall submit a permit application pursuant to 15A NCAC 02Q and a compliance schedule within six months after the Director's notice in the North Carolina Register.
(B) The compliance schedule shall contain the following increments of progress:
(i) a date by which contracts for installation of the modification shall be awarded or orders shall be issued for purchase of component parts;
(ii) a date by which installation of the modification shall begin;
(iii) a date by which installation of the modification shall be completed; and
(iv) if the source is subject to a limitation in a permit, a date by which compliance testing shall be completed.
(C) Final compliance shall be achieved within three years after the Director's notice in the North Carolina Register unless the owner or operator of the source petitions the Director for an alternative limitation pursuant to 15A NCAC 02D .1412. If a petition has been submitted and approved, final compliance shall be achieved within four years after the Director's notice in the North Carolina Register.
(3) If compliance with this Section is to be achieved through the implementation of an emissions averaging plan pursuant to 15A NCAC 02D .1410;
(A) The owner or operator shall abide by the applicable requirements of Subparagraphs (b)(1) or (b)(2) of this Rule for certification or modification of each source to be included under the averaging plan.
(B) The owner or operator shall submit a plan to implement an emissions averaging plan pursuant to 15A NCAC 02D .1410 within six months after the Director's notice in the North Carolina Register.
(C) Final compliance shall be achieved within one year after the Director's notice in the North Carolina Register unless implementation of the emissions averaging plan requires the modification of one or more of the averaging sources. If modification of one or more of the averaging sources is required, final compliance shall be achieved within three years.
(4) If compliance with this Section is to be achieved through the implementation of a seasonal fuel switching program pursuant to 15A NCAC 02D .1411:
(A) The owner or operator shall make all necessary modifications according to Subparagraph (b)(2) of this Rule.
(B) The owner or operator shall include a plan for complying with the requirements of 15A NCAC 02D .1411 with the permit application required in Part (b)(2)(A) of this Rule.
(C) Final compliance shall be achieved within three years after the Director's notice in the North Carolina Register.
(5) Increments of progress certification. The owner or operator shall certify to the Director, within five days after each increment deadline of progress in this Paragraph, whether the required increment of progress has been met.
(c) Nonattainment areas. The owner or operator of a source subject to this Rule because of the applicability of 15A NCAC 02D .1402(d), shall adhere to the following:
(1) If compliance with this Section is to be achieved through a demonstration to certify compliance without source modification:
(A) The owner or operator shall notify the Director in writing by August 1, 2007;
(B) The owner or operator shall perform any required testing, according to 15A NCAC 02D .1415, by January 1, 2008; and
(C) The owner or operator shall implement any required recordkeeping and reporting requirements, according to 15A NCAC 02D .1404, by January 1, 2008.
(2) If compliance with this Section is to be achieved through the installation of combustion modification technology or other source modification:
(A) The owner or operator shall submit a permit application and a compliance schedule by August 1, 2007.
(B) The compliance schedule shall contain a date by which contracts for installation of the modification shall be awarded or orders shall be issued for purchase of component parts.
(C) The compliance schedule shall contain a date by which installation of the modification shall begin.
(D) The compliance schedule shall contain a date by which installation of the modification shall be completed.
(E) If the source is subject to a limitation, the compliance schedule shall contain, a date by which compliance testing shall be completed.
(F) Final compliance shall be achieved no later than April 1, 2009.
(3) If compliance with this Section is to be achieved through the implementation of an emissions averaging plan as provided for in 15A NCAC 02D .1410:
(A) The owner or operator shall abide by the applicable requirements of Subparagraphs (c)(1) or (c)(2) of this Rule for certification or modification of each source to be included under the averaging plan.
(B) The owner or operator shall submit a plan to implement an emissions averaging plan according to 15A NCAC 02D .1410 by August 1, 2007.
(C) Final compliance shall be achieved within one year no later than January 1, 2008.
(4) If compliance with this Section is to be achieved through the implementation of a seasonal fuel switching program as provided for in 15A NCAC 02D .1411:
(A) The owner or operator shall make all necessary modifications according to Subparagraph (c)(2) of this Rule.
(B) The owner or operator shall include a plan for complying with the requirements of 15A NCAC 02D .1411 with the permit application required in Part (c)(2)(A) of this Rule.
(C) Final compliance shall be achieved no later than April 1, 2009.
(5) Increments of progress certification. The owner or operator shall certify to the Director, within five days after the deadline for each increment of progress in this Paragraph, whether the required increment of progress has been met.
(d) Sources already in compliance.
(1) Maintenance area and Charlotte ozone nonattainment area contingency plan. Paragraph (b) of this Rule shall not apply to sources that:
(A) are in compliance with the applicable rules of this Section when the Director notices in the North Carolina Register the implementation of rules that resolves a violation of the ambient air quality standard for ozone; and
(B) have determined and certified compliance to the Director within six months after the Director notices in the North Carolina Register the implementation of rules that resolves a violation of the ambient air quality standard for ozone.
(2) Nonattainment areas. Paragraph (c) of this Rule shall not apply to sources in an area named in 15A NCAC 02D .1402(d) that are in compliance with applicable rules of this Section on March 1, 2007.
(e) New sources.
(1) Maintenance area and Charlotte ozone nonattainment area contingency plan. The owner or operator of any new source of nitrogen oxides not permitted before the date the Director notices in the North Carolina Register according to 15A NCAC 02D .1402(e), (f), or (g) shall comply with all applicable rules in this Section upon start-up of the source. The owner or operator of any new source covered by 15A NCAC 02D .1407, .1408, .1409, .1413, or .1418 shall comply with all applicable rules in this Section upon start-up of the source.
(2) Nonattainment areas. The owner or operator of any new source of nitrogen oxides not permitted before March 1, 2007 in an area identified in 15A NCAC 02D .1402(d) shall comply with all applicable rules in this Section upon start-up of the source.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. April 1, 1997;
Temporary Amendment Eff. November 1, 2000;
Amended Eff. April 1, 2001;
Temporary Amendment Eff. August 1, 2001;
Amended Eff. July 1, 2007; March 1, 2007; July 18, 2002;
Readopted Eff. October 1, 2020;
Amended Eff. November 1, 2023.
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 15A NCAC 02D .0600 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 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 in 15A NCAC 02D .0535.
(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 the source is covered by 15A NCAC 02D .1418, with the exception of internal combustion engines.
(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 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, Performance Specification 2, and Appendix F or 40 CFR Part 75, Subpart H. If diluent monitoring is required, 40 CFR Part 60, Appendix B, Performance Specification 3, shall be used. If flow monitoring is required, 40 CFR Part 60, Appendix B, Performance Specification 6, shall be used.
(3) The owner or operator of the following sources are not required to use continuous emission monitors unless the Director determines that a continuous emission monitor is necessary pursuant to 15A NCAC 02D .0611 to show compliance with this Section:
(A) a boiler or indirect-fired process heater regulated by 15A NCAC 02D .1407 with a maximum heat input less than or equal to 250 million Btu per hour;
(B) stationary internal combustion engines regulated by 15A NCAC 02D .1409 except for those engines regulated by 15A NCAC 02D .1409(b) and .1418.
(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, Subpart D 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 source's 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 when the monitoring measurements were missing. For purposes of this Rule, "properly operated" means that operating and maintenance procedures being used complied with permit conditions, operating and maintenance procedures, preventative maintenance procedures, monitoring results, and compliance history.
(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;
(B) One of the following shall be conducted at least once between May 1 and September 30 of each year:
(i) a linearity test, in accordance with 40 CFR Part 75, Appendix A, Section 3.2, 6.2, and 7.1;
(ii) a relative accuracy audit, in accordance with 40 CFR Part 60, Appendix F, Section 5 and 6; or
(iii) a cylinder gas audit in accordance with 40 CFR Part 60, Appendix F, Section 5.0 and 6.0; and
(C) A daily calibration drift test shall be conducted in accordance with 40 CFR Part 60, Appendix F, Section 4.0.
(g) 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 in 15A NCAC 02D .0606 shall be recorded for each day beginning May 1 through September 30, unless a specific rule requires a different averaging time or procedure. A 24-hour block average as defined in 15A NCAC 02D .0606 shall be used when a continuous emissions monitoring system is used to determine compliance with a short-term pounds per million Btu standard in 15A NCAC 02D .1418.
(h) 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 02D .0501; or
(C) the best available heat input data if approved by the Director. The Director shall grant approval on a case-by-case basis if he or she finds that the heat input data is the best available.
(i) 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 in 15A NCAC 02D .1415.
(j) Alternative monitoring and reporting procedures. The owner or operator of a source covered under this Rule may request alternative monitoring or reporting procedures pursuant to 15A NCAC 02D .0612.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(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);
Amended Eff. September 29, 2009(amendment approved by RRC on May 15, 2008);
Readopted Eff. October 1, 2020.
15A NCAC 02D .1405 CIRCUMVENTION
(a) An owner or operator subject to this Section shall not build, erect, install or use any article, machine, equipment, process, or method that conceals an emission that would otherwise constitute a violation of a rule in this Section.
(b) Paragraph (a) of this Rule includes the use of gaseous dilutants to achieve compliance and the piecemeal carrying out of an operation to avoid coverage by a rule that applies only to operations larger than a specified size.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 1995;
Readopted Eff. October 1, 2020.
15a ncac 02d .1406 UTILITY BOILERS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 1995;
Temporary Repeal Eff. November 1, 2000;
Repealed Eff. July 18, 2002.
15A NCAC 02D .1407 BOILERS AND INDIRECT-FIRED PROCESS HEATERS
(a) This Rule applies geographically pursuant to 15A NCAC 02D .1402.
(b) The owner or operator of a boiler or indirect-fired process heater 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 15A NCAC 02D .1414. 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 as required by 15A NCAC 02D .1404.
(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) compliance 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
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 the emissions are greater than the applicable limitation in Paragraph (c) of this Rule after reasonable effort as defined in 15A NCAC 02D .1401, or if the requirements of this Rule are not RACT, the owner or operator may petition the Director for an alternative limitation or standard pursuant to 15A NCAC 02D .1412.
(e) Compliance with the limitation established for a boiler or indirect-fired process heater under this Rule shall be determined:
(1) using a continuous emission monitoring system if the boiler or indirect-fired process heater is required to use a continuous emissions monitoring system as required by 15A NCAC 02D .0524 or 40 CFR Part 60 to measure emissions of nitrogen oxides; or
(2) using annual source testing pursuant to 15A NCAC 02D .1415 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) 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 15A NCAC 02D .1414. If after the Director reduces the frequency of testing, a source test shows that the emission limit in 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 up to once every five years.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(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;
Temporary Amendment expired September 29, 2009;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1408 STATIONARY COMBUSTION TURBINES
(a) This Rule applies geographically pursuant to 15A NCAC 02D .1402.
(b) Unless the owner or operator chooses the option of emission averaging in 15A NCAC 02D .1410, 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 the emissions are greater than the applicable limitation in Paragraph (b) of this Rule after reasonable effort as defined in 15A NCAC 02D .1401, 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 in accordance with 15A NCAC 02D .1412.
(d) Compliance with the limitation established for a stationary combustion turbine under this Rule shall be determined by using:
(1) a continuous emissions monitoring system; or
(2) annual source testing in accordance with 15A NCAC 02D .1415.
(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); 143.215.107(a)(7); 143.215.107(a)(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;
Temporary Amendment expired September 29, 2009;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1409 STATIONARY INTERNAL COMBUSTION ENGINES
(a) This Rule applies geographically pursuant to 15A NCAC 02D .1402.
(b) The owner or operator of a stationary internal combustion engine with a rated capacity of greater than or equal to 650 horsepower that is not covered under Paragraph (c) of this Rule or 15A NCAC 02D .1418 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.
|SUM OF MAXIMUM ALLOWABLE OZONE SEASON NOx EMISSIONS |
|(tons per ozone season) |
|FACILITY |REGULATED SOURCES | | |ALLOWABLE EMISSIONS |
|Transcontinental Gas Pipeline |Mainline engines #12, 13, 14, | | | |
|Station 150 |and 15 | | |76 |
|Transcontinental Gas Pipeline |Mainline engines #2, 3, 4, 5, | | | |
|Station 155 |and 6 | | |127 |
|Transcontinental Gas Pipeline |Mainline engines #11, 12, 13, | | | |
|Station 160 |14, and 15 | | |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 (h) of this Rule if the trades are approved before the ozone season.
(d) If the emissions from a stationary internal combustion engine are greater than the applicable limitation in Paragraph (b) of this Rule after applying a reasonable effort as defined in 15A NCAC 02D .1401, 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 pursuant to 15A NCAC 02D .1412.
(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 that meets the applicable requirements of Appendices B and F of 40 CFR part 60 and 15A NCAC 02D .1404; or
(2) an alternate monitoring and recordkeeping procedure based on actual emissions testing and correlation with operating parameters.
The installation, implementation, and use of an alternate procedure allowed under Subparagraph (2) of this Paragraph shall be approved by the Director before it may be used. The Director shall approve the alternative procedure if he or she 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 pursuant to 15A NCAC 02D .1415. 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 pursuant to 15A NCAC 02D .1415. Each year after that, the owner or operator of the stationary internal combustion engine shall comply with the annual tune-up requirements of 15A NCAC 02D .1414.
(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 15A NCAC 02D or 02Q 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;
(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 15A NCAC 02D or 02Q or Title 40 of the Code of Federal Regulations.
The Director may approve the offset if he or she 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 15A NCAC 02D or 02Q or Title 40 of the Code of Federal Regulations. If the Director approves the offset, he or she 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); 143.215.107(a)(7); 143.215.107(a)(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;
Temporary Amendment expired September 29, 2009;
Readopted Eff. October 1, 2020.
15a ncac 02d .1410 EMISSIONS AVERAGING
(a) This Rule shall not apply to sources regulated by 15A NCAC 02D .1418. Sources that have obtained an alternative limitation pursuant to 15A NCAC 02D .1412 or that apply seasonal fuel switching pursuant to 15A NCAC 02D .1411 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 15A NCAC 02D .1402 may elect to apply an emissions averaging plan according to Paragraph (c) of this Rule. An emissions 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); 143.215.107(a)(7); 143.215.107(a)(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);
Amended Eff. September 29, 2009(amendment approved by RRC on May 15, 2008);
Readopted Eff. October 1, 2020.
15A NCAC 02D .1411 SEASONAL FUEL SWITCHING
(a) This Rule shall not apply to sources regulated by 15A NCAC 02D .1418.
(b) The owner or operator of a coal-fired or oil-fired boiler subject to the requirements of 15A NCAC 02D .1407 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 beginning in 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 throughout the ozone season.
History Note: Authority G.S. 143-215.3(a)(1) 143-215.65; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
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;
Temporary Amendment expired September 29, 2009;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1412 PETITION FOR ALTERNATIVE LIMITATIONS
(a) The owner or operator may petition the Director for an alternative limitation according to Paragraph (b) or (c) of this Rule if the owner or operator of a source subject to the requirements of 15A NCAC 02D .1407, .1408, or .1409(b):
(1) cannot achieve compliance with the applicable limitation after reasonable effort to satisfy the requirements of 15A NCAC 02D .1407, .1408, or .1409(b) or if the requirements in these Rules are not RACT for the particular source; and
(2) cannot provide reasonable assurance for overall compliance at a facility through the implementation of an emissions averaging plan pursuant to 15A NCAC 02D .1410.
(b) To petition the Director for an alternative limitation, the owner or operator of the source shall submit:
(1) the name and location of the facility;
(2) information identifying the source for which an alternative limitation is being requested;
(3) the maximum heat input rate for the source;
(4) the fuel or fuels combusted in the source;
(5) the maximum allowable NOx emission rate proposed for the source for each fuel;
(6) a demonstration that the source has satisfied the requirements to apply for an alternative limitation under Paragraph (a) of this Rule; and
(7) a demonstration that the proposed alternative limitation is RACT for that source.
(c) If the source is required to comply with best achievable control technology pursuant to 15A NCAC 02D .0530, the owner or operator of the source shall provide the information required under Subparagraphs (b)(1) through (6) of this Rule and documentation that the source is required to use best available control technology and is complying with that requirement. For this source, its best available control technology shall be considered RACT without any further demonstrations.
(d) The Director shall approve the alternative limitation if he or she finds that:
(1) all the information required by Paragraph (b) of this Rule has been submitted;
(2) the requirements of Paragraph (a) of this Rule have been satisfied; and
(3) the proposed alternative limitation is RACT for that source.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. June 1, 2008; July 18, 2002;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1413 SOURCES NOT OTHERWISE LISTED IN THIS SECTION
(a) The owner or operator of any source of NOx, except boilers, indirect-fired process heaters, stationary combustion turbines, or stationary internal combustion engines, at a facility that has the potential to emit 100 tons per year or more of NOx or 560 pounds per calendar day or more of NOx from May 1 through September 30, shall apply RACT pursuant to Paragraph (b) of this Rule.
(b) To apply RACT to a source of NOx regulated pursuant to this Rule, the owner or operator of the source shall submit;
(1) the name and location of the facility;
(2) information identifying the source for which RACT is being proposed;
(3) a demonstration that shows the proposed limitation is RACT for the source; and
(4) a proposal for demonstrating compliance with the proposed RACT.
(c) The Director shall approve the proposed limitation if he or she finds that:
(1) the owner or operator of the source has submitted all the information required under Paragraph (b) of this Rule;
(2) the source is regulated under this Rule; and
(3) the proposed limitation is RACT for this source.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. July 18, 2002;
Readopted Eff. October 1, 2020.
15a ncac 02d .1414 TUNE-UP REQUIREMENTS
(a) This Rule applies to boilers and indirect-fired process heaters subject to the requirements of 15A NCAC 02D .1407 or stationary internal combustion engines subject to the requirements of 15A NCAC 02D .1409 that are complying with the annual tune-up requirement.
(b) When a tune-up to a boiler or indirect-fired process heater is required for compliance with this Section, the owner or operator shall at least annually and according to the manufacturer's recommendations:
(1) inspect each burner and clean or replace any component of the burner as required;
(2) inspect the flame pattern and make any adjustments to the burner, or burners, necessary to optimize the flame pattern to minimize total emissions of NOx and carbon monoxide;
(3) inspect the combustion control system to ensure proper operation and correct calibration of components that control the air to fuel ratio and adjust components to meet the manufacturer's established operating parameters; and
(4) inspect any other component of the boiler or indirect-fired process heater and make adjustments or repairs as necessary to improve combustion efficiency.
The owner or operator shall perform the tune-up according to a unit-specific protocol approved by the Director. The Director shall approve the protocol if it meets the requirements of this Rule.
(c) When a tune-up to a stationary internal combustion engine is required for compliance with this Section, the owner or operator shall at least annually inspect, adjust, and repair or replace according to the manufacturer's recommendation, the following, as equipped:
(1) engine air cleaners, fuel filters, and water traps;
(2) turbochargers and superchargers;
(3) spark plugs;
(4) valve lash;
(5) ignition systems, including ignition coils and wiring;
(6) aftercooler cores;
(7) any other component of the engine as necessary to improve engine efficiency; and
(8) emission control systems.
The owner or operator shall perform the tune-up according to a unit-specific protocol, including inspection, maintenance, and performance procedures as recommended by the manufacturer and approved by the Director. The Director shall approve the protocol if it meets the requirements of this Rule.
(d) The owner or operator shall maintain records of tune-ups performed to comply with this Section pursuant to 15A NCAC 02D .1404. The following information shall be included for each source:
(1) identification of the source;
(2) the date and time the tune-up started and ended;
(3) the person responsible for performing the tune-up;
(4) for boilers and indirect-fired process heaters, the checklist for inspection of the burner, flame pattern, combustion control system, and all other components of the boiler or indirect-fired process heater identified in the protocol, noting any repairs or replacements made;
(5) for stationary internal combustion engines, the checklist for engine air cleaners, turbochargers, sparkplugs, valve lash, ignition coils and wiring, aftercooler cores, and all other components of the engine identified in the protocol, noting any repairs or replacements made;
(6) any stack gas analyses performed after the completion of all adjustments to show that the operating parameters of the boiler, indirect-fired process heater, or stationary internal combustion engine have been optimized with respect to fuel consumption and output. These parameters shall be within the range established by the equipment manufacturer to ensure that the emission limitation for nitrogen oxides has not been exceeded; and
(7) any other information requested by the Director to show that the boiler, indirect-fired process heater, or stationary internal combustion engine is being operated and maintained in a manner to minimize the emissions of nitrogen oxides.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. July 18, 2002;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1415 TEST METHODS AND PROCEDURES
(a) When source testing is used to determine compliance with rules in this Section, the methods and procedures in 15A NCAC 02D .2600 shall be used.
(b) The owner or operator shall maintain records of tests performed to demonstrate compliance with this Section as required by 15A NCAC 02D .1404.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. April 1, 1995;
Temporary Amendment Eff. August 1, 2001; November 1, 2000;
Amended Eff. June 1, 2008; July 18, 2002;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1416 EMISSION ALLOCATIONS FOR UTILITY COMPANIES
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);
Repealed Eff. September 29, 2009(repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1417 EMISSION ALLOCATIONS FOR LARGE COMBUSTION SOURCES
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);
Repealed Eff. September 29, 2009(repeal approved by RRC on May 15, 2008).
15A NCAC 02D .1418 NEW ELECTRIC GENERATING UNITS, BOILERS, COMBUSTION TURBINES, AND I/C ENGINES
(a) Electric generating units. Emissions of NOx 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 meet the applicable requirement:
(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 regulated by 15A NCAC 02D .0530 or .0531;
(2) if regulated by 15A NCAC 02D .0530, meet the best available control technology requirements in 15A NCAC 02D .0530 or 0.15 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per million Btu for liquid fuels, whichever requires the greater degree of reduction; or
(3) if regulated by 15A NCAC 02D .0531, meet the lowest available emission rate technology requirements in 15A NCAC 02D .0531.
(b) Boilers and combustion turbines. Emissions of NOx 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 permitted after October 31, 2000, and not regulated under Paragraph (a) of this Rule, shall meet the applicable requirement:
(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 regulated by 15A NCAC 02D .0530 or .0531;
(2) if regulated by 15A NCAC 02D .0530, meet the best available control technology requirements in 15A NCAC 02D .0530 or 0.17 pounds per million Btu for gaseous and solid fuels and 0.18 pounds per million Btu for liquid fuels, whichever requires the greater degree of reduction; or
(3) if regulated by 15A NCAC 02D .0531, meet the lowest achievable emission rate technology requirements in 15A NCAC 02D .0531.
(c) Internal combustion engines. The following reciprocating internal combustion engines permitted after October 31, 2000, shall comply with the applicable requirements in 15A NCAC 02D .1423 if the engine is not regulated by 15A NCAC 02D .0530 or .0531:
(1) rich burn stationary internal combustion engines rated at greater than or equal to 2,400 brake horsepower;
(2) lean burn stationary internal combustion engines rated at greater than or equal to 2,400 brake horsepower;
(3) diesel stationary internal combustion engines rated at greater than or equal to 3,000 brake horsepower; or
(4) dual fuel stationary internal combustion engines rated at greater than or equal to 4,400 brake horsepower.
If the engine is regulated by 15A NCAC 02D .0530, it shall comply with the requirements of 15A NCAC 02D .1423 or the best available control technology requirements of 15A NCAC 02D .0530, whichever requires the greater degree of reduction. If the engine is regulated by 15A NCAC 02D .0531, it shall comply with lowest achievable emission rate technology requirements of 15A NCAC 02D .0531.
(d) Monitoring. The owner or operator of a source subject to this Rule, except for internal combustion engines, shall show compliance using a continuous emission monitor that meets the requirements of 15A NCAC 02D .1404(d). Internal combustion engines shall comply with the monitoring requirements in 15A NCAC 02D .1423. 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.
History Note: Authority G.S. 143-215.3(a)(1); 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Temporary Adoption Eff. August 1, 2001; November 1, 2000;
Eff. July 18, 2002;
Amended Eff. June 1, 2004;
Temporary Amendment Eff. December 31, 2008(this amendment replaces the amendment approved by RRC on May 15, 2008);
Amended Eff. September 29, 2009(amendment approved by RRC on May 15, 2008);
Readopted Eff. October 1, 2020;
Amended Eff. October 1, 2022.
15A NCAC 02D .1419 NITROGEN OXIDE BUDGET TRADING PROGRAM
15a ncac 02d .1420 PERIODIC REVIEW AND REALLOCATIONS
15A NCAC 02D .1421 ALLOCATIONS FOR NEW GROWTH OF MAJOR POINT SOURCES
15A NCAC 02D .1422 COMPLIANCE SUPPLEMENT POOL CREDITS
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; November 1, 2000;
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);
Repealed Eff. September 29, 2009(repeal approved by RRC on May 15, 2008).
15A ncac 02d .1423 LARGE INTERNAL COMBUSTION ENGINES
(a) Applicability. This Rule applies to the following internal combustion engines permitted after October 30, 2000 that are subject to 15A NCAC 02D .1418 but are not subject to 15A NCAC 02D .0530 or .0531:
(1) rich burn stationary internal combustion engines rated at greater than or equal to 2,400 brake horsepower;
(2) lean burn stationary internal combustion engines rated at greater than or equal to 2,400 brake horsepower;
(3) diesel stationary internal combustion engines rated at greater than or equal to 3,000 brake horsepower; or
(4) dual fuel stationary internal combustion engines rated at greater than or equal to 4,400 brake horsepower.
(b) Emission limitation. The owner or operator of a stationary internal combustion engine shall not cause to be emitted into the atmosphere NOx in excess of the following applicable limit, expressed as NOx in parts per million by volume corrected to 15 percent oxygen on a dry basis, averaged over a rolling 30-day period, as may be adjusted pursuant to Paragraph (c) of this Rule:
|MAXIMUM ALLOWABLE NOx EMISSION CONCENTRATION FOR |
|STATIONARY INTERNAL COMBUSTION ENGINES |
|(parts per million) |
|Engine Type |Limitation |
| Rich-burn |110 |
| Lean-burn |125 |
| Diesel |175 |
| Dual fuel |125 |
(c) Adjustment. Each emission limit expressed in Paragraph (b) of this Rule may be multiplied by X, where X equals the engine efficiency (E) divided by a reference efficiency of 30 percent. Engine efficiency (E) shall be determined using one of the methods specified in Subparagraphs (1) or (2) of this Paragraph, whichever provides a higher value. However, engine efficiency (E) shall not be less than 30 percent. An engine with an efficiency lower than 30 percent shall be assigned an efficiency of 30 percent.
(1)
[pic]
where energy input is determined by a fuel measuring device accurate to plus or minus 5 percent and is based on the higher heating value (HHV) of the fuel. Percent efficiency (E) shall be averaged over 15 consecutive minutes and measured at peak load for the applicable engine.
(2)
[pic]
where LHV is the lower heating value of the fuel; and HHV is the higher heating value of the fuel.
(d) Compliance determination and monitoring. The owner or operator of an internal combustion engine subject to the requirements of this Rule shall determine compliance using:
(1) a continuous emissions monitoring system that meets the applicable requirements of 40 CFR part 60, Appendices B and F, excluding data obtained during periods specified in Paragraph (g) of this Rule and 15A NCAC 02D .1404; or
(2) an alternate calculated and recordkeeping procedure based on actual emissions testing and correlation with operating parameters. The installation, implementation, and use of this alternate procedure shall be approved by the Director before it may be used. The Director shall approve the alternative procedure if he or she finds that it can show the compliance status of the engine.
(e) Reporting requirements. The owner or operator of a stationary internal combustion engine subject to this Rule shall submit:
(1) a report documenting the engine's total nitrogen oxide emissions beginning May 1 and ending September 30 of each year to the Director by October 31 of each year, beginning with the year of first ozone season that the engine operates; and
(2) an excess emissions and monitoring systems performance report, according to the requirements of 40 CFR 60.7(c) and 60.13, if a continuous emissions monitoring system is used.
(f) Recordkeeping requirements. The owner or operator of a stationary internal combustion engine subject to this Rule shall maintain all records necessary to demonstrate compliance with the Rule for two calendar years at the facility at which the engine is located. The records shall be made available to the Director upon request. The owner or operator shall maintain records of the following information for each day the engine operates:
(1) identification and location of the engine;
(2) calendar date of record;
(3) the number of hours the engine operated during each day, including startups, shutdowns, and malfunctions, and the type and duration of any maintenance and repairs;
(4) the date and results of each emissions inspection;
(5) a summary of any emissions corrective maintenance taken;
(6) the results of all compliance tests; and
(7) if a unit is equipped with a continuous emission monitoring system:
(A) identification of time periods during which nitrogen oxide standards were exceeded, the reason for the excess emissions, and action taken to correct the excess emissions and to prevent similar future excess emissions; and
(B) identification of the time periods for which operating conditions and pollutant data were not obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken.
(g) Exemptions. The emission standards of this Rule shall not apply to the following periods of operation:
(1) start-up and shut-down periods and periods of malfunction, not to exceed 36 consecutive hours; and
(2) regularly scheduled maintenance activities.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Temporary Adoption Eff. August 1, 2001;
Eff. July 18, 2002;
Readopted Eff. October 1, 2020.
15A NCAC 02D .1424 LARGE NON-ELECTRIc Generating Units
(a) General requirements. The owner or operator of a large non-EGU shall comply with the monitoring, recordkeeping and reporting requirements in 15A NCAC 02D .0600, with the exception of .0604 and .0612. For a period of five years, the owner or operator shall maintain all records necessary for determining compliance with all applicable limitations and standards of this Section.
(b) The owner or operator of a large non-EGU covered by this Rule may request alternative monitoring procedures if the source is not required by 15A NCAC 02D .1418 or any other federal regulation to comply with 40 CFR Part 75.
(c) For a source subject to 40 CFR Part 60 Subpart D or Subpart Db, the source shall determine NOx mass emissions using the NOx emission rate, total heat input derived, and time interval from each type of fuel during the NOx SIP Call control period.
(d) For a large non-EGU requesting an alternative monitoring procedure, one of the following monitoring options shall be used to determine NOx emissions.
(1) For sources with at least five years of historical CEMS operational data, the NOx mass emissions shall be determined using the following formula:
M = K*C*Q*t/2000
where;
M is the NOx mass emissions in tons;
K is the conversion constant equal to 1.194E-7 pounds per standard cubic feet-parts per million volume (lb/scf-ppmv);
C is the average NOx concentration of the unit as demonstrated by previous 40 CFR Part 75 monitoring in parts per million volume (ppmv);
Q is the average flow rate of the unit under normal operating conditions as demonstrated by previous 40 CFR Part 75 monitoring in standard cubic feet per hour (scf/hr);
t is the total operating time in hours during the ozone season; and
2000 pounds per ton (2000 lb/ton).
(2) For sources with at least five years of historical CEMS emissions data, the NOx mass emissions shall be determined as follows:
M = R*HI*t/2000
where;
M is the NOx mass emissions in tons,
R is the average NOx mass emission rate in pounds per million Btu (lb/MMBtu),
HI is the average heat input rate per hour in million British thermal units per hour (MMBtu/hr),
t is the operating time in hours during ozone season, and
2000 pounds per ton (2000 lb/ton).
(3) For sources without historical CEMS operational data or the CEMS data do not represent current operating conditions, the large non-EGU source shall test utilizing 40 CFR Part 60, Appendix A, Methods 1-4 and 7 or 7e to determine initial NOx concentration and flow rate factors prior to the ozone season.
(A) The NOx concentration and flow rate factors determined from the testing and the number of hours operated during the ozone season will be used to determine NOx emissions for that ozone season.
(B) After a total of three years of testing, the source shall use the average NOx concentration and flow rate factors for subsequent ozone season NOx emissions reporting.
(C) Sources shall use the equation in Subparagraph (1) of this Paragraph to calculate their NOx mass emissions in tons.
(e) A stack test shall be performed periodically in accordance with 40 CFR 51.121(i)(2) to verify NOx concentration and flow factors for use in computing NOx mass emissions.
(f) If the approved alternative monitoring or reporting requirements differ from those specified in a corresponding rule in Subchapters 02D or 02Q of this Chapter, the permit shall contain conditions stating the monitoring or reporting requirements.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. May 1, 2022.
15A NCAC 02D .1425 NOx SIP Call Budget
(a) This Rule establishes general provisions and reporting requirements for the NOx SIP Call control period budgets pursuant to 40 CFR 51.121 through 51.122.
(b) The owner or operator of an EGU or large non-EGU as defined in 15A NCAC 02D .1401 shall submit a report to the Division no later than January 30 of the calendar year after the NOx SIP Call control period listing the NOx emissions from these sources during the NOx SIP Call control period. The NOx emissions in this report shall be determined in accordance with 40 CFR Part 75 for EGUs and large non-EGUs subject to 15A NCAC 02D .1418, and in accordance with 15A NCAC 02D .1424 for large non-EGUs using alternative monitoring.
(c) The information provided by the EGU and large non-EGU sources will be used to evaluate state level NOx budgets in Paragraph (d) of this Rule. The sum of the tons of NOx emitted from all such units in each control period beginning after the effective date of this rule shall not exceed this budget amount.
(d) For North Carolina's NOx Budget Program, the following budgets shall apply:
(1) The total NOx SIP Call control period budget for EGUs is 31,212 tons; and
(2) The total NOx SIP Call control period budget for large non-EGUs is 2,329 tons.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143.215.107(a)(5); 143.215.107(a)(7); 143.215.107(a)(10);
Eff. May 1, 2022.
SECTION .1500 - TRANSPORTATION CONFORMITY
15A NCAC 02D .1501 PURPOSE, SCOPE AND APPLICABILITY
15A NCAC 02D .1502 DEFINITIONS
15A NCAC 02D .1503 TRANSPORTATION CONFORMITY DETERMINATION
15A NCAC 02D .1504 DETERMINING TRANSPORTATION-RELATED EMISSIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. July 1, 1998;
Repealed Eff. April 1, 1999.
SECTION .1600 - GENERAL CONFORMITY
15A NCAC 02D .1601 PURPOSE, SCOPE AND APPLICABILITY
15A NCAC 02D .1602 DEFINITIONS
15A NCAC 02D .1603 GENERAL CONFORMITY DETERMINATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1995;
Amended Eff. April 1, 1999; July 1, 1998;
Expired Eff. February 1, 2016 pursuant to G.S. 150B-21.3A.
SECTION .1700 - MUNICIPAL SOLID WASTE LANDFILLS
15A NCAC 02D .1701 DEFINITIONS
The definitions in 40 CFR 60.41f apply to this Section.
History Note: Authority G.S. 143-215.3(a)(1);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1702 APPLICABILITY
(a) This Section applies to each existing Municipal Solid Waste (MSW) landfill that accepted waste since November 8, 1987 and that commenced construction, reconstruction, or modification on or before July 17, 2014.
(b) Physical or operational changes made to an existing MSW landfill solely to comply with an emission standard under this Section are not considered a modification or reconstruction, and do not subject an existing MSW landfill to the requirements of 40 CFR 60, Subpart XXX or 15A NCAC 02D .0524.
(c) An MSW landfill shall follow the permitting and reporting requirements of 40 CFR 60.31f(c) through (e).
History Note: Authority 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1703 EMISSION STANDARDS
(a) Any MSW landfill subject to this Section and having a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume shall be required to collect and control MSW landfill emissions if the following conditions apply:
(1) The landfill has accepted waste at any time since November 8, 1987 or has additional design capacity available for future waste deposition.
(2) The landfill commenced construction, reconstruction, or modification on or before July 17, 2014.
(3) The landfill has an NMOC emission rate greater than or equal to 34 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater.
(4) The landfill is in the closed landfill subcategory and has an NMOC emission rate greater than or equal to 50 megagrams per year or Tier 4 surface emissions monitoring shows a surface emission concentration of 500 parts per million methane or greater.
(b) Each owner or operator of a MSW landfill meeting the conditions of Paragraph (a) of this Rule shall install and start-up a collection and control system that captures the gas within the landfill within 30 months after:
(1) the first annual report in which the NMOC emission rate equals or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 34 megagrams per year, as specified in 40 CFR 60.38f(d)(4);
(2) the first annual NMOC emission rate report for a landfill in the closed landfill subcategory in which the NMOC emission rate equals or exceeds 50 megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 50 megagrams per year, as specified in 40 CFR 60.38f(d)(4); or
(3) the most recent NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year based on Tier 2, if the Tier 4 surface emissions monitoring shows a surface methane emission concentration of 500 parts per million methane or greater as specified in 40 CFR 60.38f(d)(4)(iii).
(c) Each owner or operator of a MSW landfill meeting the conditions of Paragraph (a) of this Rule shall collect and control the gas from the landfill through the use of control devices where the following applies, except as provided in 40 CFR 60.24:
(1) a non-enclosed flare designed and operated in accordance with the parameters established in 40 CFR 60.18 except as noted in 40 CFR 60.37f(d);
(2) a control system designed and operated to reduce NMOC by 98 weight percent; or when an enclosed combustion device is used for control, to either reduce NMOC by 98 weight percent or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at three percent oxygen or less. The reduction efficiency or concentration in parts per million by volume shall be established by an initial performance test to be completed no later than 180 days after the initial startup of the approved control system using the test methods specified in 40 CFR 60.35f(d). The performance test is not required for boilers and process heaters with design heat input capacities equal to or greater than 44 megawatts that burn landfill gas for compliance with this Rule.
(A) If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.
(B) The control device shall be operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to be monitored shall be those specified in 40 CFR 60.37f.
(C) For the closed landfill subcategory, the initial or most recent performance test conducted by the facility to comply with 40 CFR Part 60, Subpart WWW; 40 CFR Part 62, Subpart GGG; or 40 CFR Part 60, Subpart Cc on or before July 17, 2014; shall be used for compliance with 40 CFR Part, Subpart Cf; or
(3) route the collected gas to a treatment system that processes the collected gas for subsequent sale or beneficial use such as fuel for combustion, production of vehicle fuel, production of high-Btu gas for pipeline injection, or use as a raw material in a chemical manufacturing process. Venting of treated landfill gas to the ambient air is not allowed. If the treated landfill gas cannot be routed for subsequent sale or beneficial use, then the treated landfill gas shall be controlled pursuant to either Subparagraph (c)(1) or (2) of this Rule. All emissions from any atmospheric vent from the gas treatment system are subject to the requirements of Paragraph (b) or (c) of this Rule. For purposes of this Subparagraph, atmospheric vents located on the condensate storage tank are not part of the treatment system and are exempt from the requirements of Paragraph (b) or (c) of this Rule.
(d) Each owner or operator of a MSW landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit to the Division a design capacity report as defined in 40 CFR 60.38f(a). Submittal of the initial design capacity report fulfills the requirements of this Rule, except as provided in Subparagraphs (d)(1) and (2) of this Rule, as follows:
(1) The owner or operator shall submit an amended design capacity report as provided in 40 CFR 60.38f(b). If the design capacity increase is the result of a modification, as defined in 15A NCAC 02D .1701, that was commenced after July 17, 2014, then the landfill becomes subject to 40 CFR Part 60 Subpart XXX instead of 40 CFR Part 60 Subpart Cf. If the design capacity increase is the result of a change in operating practices, density, or some other change that is not a modification as defined in 40 CFR 60.41f, then the landfill remains subject to Subpart Cf.
(2) When an increase in the maximum design capacity of a landfill with an initial design capacity less than 2.5 million megagrams or 2.5 million cubic meters results in a revised maximum design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, the owner or operator shall comply with Paragraph (e) of this Rule.
(e) Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters shall either install a collection and control system as provided in Paragraphs (b) and (c) of this Rule or calculate an initial NMOC emission rate for the landfill using the procedures specified in 40 CFR 60.35f(a). The NMOC emission rate shall be recalculated annually, except as provided in 40 CFR 60.38f(c)(3), as follows:
(1) If the calculated NMOC emission rate is less than 34 megagrams per year, the owner or operator shall submit an annual NMOC emission rate report according to 40 CFR 60.38f(c), and recalculate the NMOC emission rate annually using the procedures specified in 40 CFR 60.35f(a) until such time as the calculated NMOC emission rate is equal to or greater than 34 megagrams per year, or the landfill is closed. This annual NMOC emission rate reporting requirement shall not apply to the facilities that elected to submit their reports as provided in 40 CFR 60.38f(c)(3):
(A) if the calculated NMOC emission rate is equal to or greater than 34 megagrams per year, the owner or operator shall either: comply with Paragraphs (b) and (c) of this Rule; calculate NMOC emissions using the next higher tier in 40 CFR 60.35f; or conduct a surface emission monitoring demonstration using the procedures specified in 40 CFR 60.35f(a)(6);
(B) if the landfill is permanently closed, a closure report shall be submitted to the Division as provided in 40 CFR 60.38f(f), except for exemption allowed pursuant to 40 CFR 60.31f(e)(4); and
(C) for the closed landfill subcategory, if the most recently calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the owner or operator shall either: submit a gas collection and control system design plan as specified in 40 CFR 60.38f(d), except for exemptions allowed pursuant to 40 CFR 60.31f(e)(3), and install a collection and control system as provided in Paragraphs (b) and (c) of this Rule; calculate NMOC emissions using the next higher tier in 40 CFR 60.35f; or conduct a surface emission monitoring demonstration using the procedures specified in 40 CFR 60.35f(a)(6).
(2) If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year using Tier 1, 2, or 3 procedures, the owner or operator shall either: submit a collection and control system design plan prepared by a professional engineer to the Division within one year as specified in 40 CFR 60.38f(d), except for exemptions allowed in 40 CFR 60.31f(e)(3); calculate NMOC emissions using a higher tier in 40 CFR 60.35f; or conduct a surface emission monitoring demonstration using the procedures specified in 40 CFR 60.35f(a)(6). Submitted design plans shall be reviewed by the Division pursuant to the procedures in 40 CFR 60.38f(d)(5) and (6).
(3) For the closed landfill subcategory, if the calculated NMOC emission rate is equal to or greater than 50 megagrams per year using Tier 1, 2, or 3 procedures, the owner or operator shall either: submit a collection and control system design plan as specified in 40 CFR 60.38f(d), except for exemptions allowed pursuant to 40 CFR 60.31f(e)(3); calculate NMOC emissions using a higher tier in 40 CFR 60.35f; or conduct a surface emission monitoring demonstration using the procedures specified in 40 CFR 60.35f(a)(6). Submitted design plans shall be reviewed by the Division pursuant to the procedures in 40 CFR 60.38f(d)(5) and (6).
(f) The collection and control system may be capped, removed, or decommissioned if the following criteria are met:
(1) The landfill is a closed landfill as defined in 40 CFR 60.41f. A closure report shall be submitted to the Division as provided in 15A NCAC 02D .1708(f).
(2) The collection and control system has been in operation a minimum of 15 years or the landfill owner or operator demonstrates that the GCCS will be unable to operate for 15 years due to declining gas flow.
(3) Following the procedures specified in 40 CFR 60.35f(b), the calculated NMOC emission rate at the landfill is less than 34 megagrams per year on three successive test dates. The test dates shall be no less than 90 days apart, and no more than 180 days apart.
(4) For the closed landfill subcategory as defined in 40 CFR 60.41f, following the procedures specified in 40 CFR 60.35f(b), the calculated NMOC emission rate at the landfill is less than 50 megagrams per year on three successive test dates. The test dates shall be no less than 90 days apart, and no more than 180 days apart.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Amended Eff. July 1, 2000;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1704 TEST METHODS AND PROCEDURES
The MSW landfill NMOC emission rate shall be calculated, or a surface emission monitoring demonstration be conducted, by following the procedures in 40 CFR 60.35f, as applicable, to determine whether the landfill meets the conditions of 15A NCAC 02D .1703(a)(3) or (4). The owner or operator shall submit reports following the procedures pursuant to 60.38f(j).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1705 OPERATIONAL STANDARDS
The owner and operator of a MSW landfill required to install a landfill gas collection and control system to comply with 15A NCAC 02D .1703(b) and (c) shall:
(1) operate the collection system such that gas is collected from each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for:
(a) five years or more if active; or
(b) two years or more if closed or at final grade;
(2) operate the collection system with negative pressure at each wellhead except under the following conditions:
(a) for a fire or increased well temperature, the owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the annual reports as provided in 40 CFR 60.38f(h)(1);
(b) for the use of a geomembrane or synthetic cover, the owner or operator shall develop acceptable pressure limits in the design plan; and
(c) for a decommissioned well, a well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be approved by the Division as specified in 40 CFR 60.38f(d);
(3) operate each interior wellhead in the collection system with a landfill gas temperature less than 55 degrees Celsius (131 degrees Fahrenheit). The owner or operator may establish a higher operating temperature value at a particular well. A higher operating value demonstration shall be submitted to the Division for approval and shall include supporting data demonstrating that the elevated parameter neither causes fires nor inhibits anaerobic decomposition by killing methanogens;
(4) operate the collection system so that the methane concentration is less than 500 parts per million above background at the surface of the landfill. To determine if this level is exceeded, the owner and operator shall conduct surface testing using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in 40 CFR 60.36f(d). The owner or operator shall conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at no more than 30-meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover and all cover penetrations. The owner or operator shall monitor any openings that are within an area of the landfill where waste has been placed and a gas collection system is required. The owner or operator may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30-meter intervals. Areas with steep slopes or other dangerous areas may be excluded upon request of the owner or operator from the surface testing;
(5) operate the collection system such that all collected gases are vented to a control system designed and operated in compliance with 40 CFR 60.33f(c). In the event that the gas collection and control system is not operating, the gas mover system shall be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere shall be closed within one hour of the collection or control system not operating;
(6) operate the control system at all times when the collected gas is routed to the system; and
(7) if monitoring demonstrates that the operational requirements in Item (2), (3), or (4) of this Rule are not met, corrective action shall be taken as specified in 40 CFR 60.36f(a)(3) and (a)(5) or (c). If corrective actions are taken as specified in 40 CFR 60.36f, the monitored exceedance shall not be a violation of the operational requirements in this Rule.
The owner or operator may choose to comply with the provisions of 40 CFR 63.1958 in lieu of Items (1) through (7) of this Rule. Once the owner or operator begins to comply with the provisions of 40 CFR 63.1958, the owner or operator shall continue to operate the collection and control device according to those provisions and shall not return to the provisions of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1706 COMPLIANCE PROVISIONS
(a) Compliance with 15A NCAC 02D .1703(b) shall be determined using the gas collection system compliance provisions of 40 CFR 60.36f(a).
(b) Compliance with 15A NCAC 02D .1705(1) shall be determined using the controlled landfill gas well and design component provisions of 40 CFR 60.36f(b).
(c) Compliance with the surface methane operational standards of 15A NCAC 02D .1705(4) shall be determined using the procedures of 40 CFR 60.36f(c).
(d) To comply with the provisions in Paragraph (c) of this Rule or 40 CFR 60.35f(a)(6), the owner or operator shall
comply with the instrumentation specifications and procedures for surface emission monitoring devices provisions of 40 CFR 60.36f(d).
(e) The provisions of this Rule apply, except during periods of start-up, shutdown, or malfunction. During periods of startup, shutdown, and malfunction, the owner or operator shall comply with the work practice specified in 40 CFR 60.34f(e) in lieu of the compliance provisions in 40 CFR 60.36f.
(f) The owner or operator may choose to comply with the provisions of 40 CFR 63.1960 in lieu of Paragraphs (a) through (e) of this Rule. Once the owner or operator begins to comply with the provisions of 40 CFR 63.1960, the owner or operator shall continue to operate the collection and control device according to those provisions and shall not return to the provisions of this Rule.
(g) Compliance with the specifications for active collection systems in 15A NCAC 02D .1703(b) shall be determined using the provisions of 40 CFR 60.40f(a) and (b).
(h) Compliance with the specifications for active collection systems in 15A NCAC 02D .1703(c) shall be determined using the provisions of 40 CFR 60.40f(c).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1707 MONITORING PROVISIONS
(a) The owner or operator of a MSW landfill who is required to comply with 15A NCAC 02D .1703(b) for an active gas collection system shall perform the monitoring requirements as outlined in 40 CFR 60.37f(a).
(b) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c) using an enclosed combustor shall perform the monitoring requirements as outlined in 40 CFR 60.37f(b).
(c) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c) using a non-enclosed flare shall perform the monitoring requirements as outlined in 40 CFR 60.37f(c).
(d) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c) using a device other than a non-enclosed flare, an enclosed combustor, or treatment system shall comply with the provisions of 40 CFR 60.37f(d).
(e) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(b) by installing a collection system that does not meet the specifications of 40 CFR 60.40f, or seeking to monitor alternative parameters to those required by 15A NCAC 02D .1704 through .1707 shall comply with the provisions of 40 CFR 60.37f(e).
(f) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1705(4) for demonstrating compliance with the 500 parts per million surface methane operational standard shall do so in accordance with 40 CFR 60.37(f).
(g) The owner or operator of an MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c)
shall do so in accordance with the provisions of 40 CFR 60. 37f(g).
(h) The monitoring requirements of Paragraphs (b), (c), (d), and (g) of this Rule apply at all times the affected source
is operating, except for periods of monitoring system malfunctions, repairs associated with the monitoring system
malfunctions, and required monitoring system quality assurance or quality control activities. A "monitoring system malfunction" is defined in 60.37f(h). Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. Monitoring system repairs to return the monitoring system to operation in response to malfunctions shall be completed in accordance with 60.37f(h).
(i) The owner or operator may choose to comply with the provisions of 40 CFR 63.19561 in lieu of Paragraphs (a) through (h) of this Rule. Once the owner or operator begins to comply with the provisions of 40 CFR 63.1961, the owner or operator shall continue to operate the collection and control device according to those provisions and shall not return to the provisions of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
15A NCAC 02D .1708 REPORTING REQUIREMENTS
(a) The owner or operator of an existing MSW landfill subject to this Rule according to 15A NCAC 02D .1702 shall submit a design capacity report to the Director as follows:
(1) The initial design capacity report shall be submitted no later than 90 days after the effective date of the EPA approval of the State Plan pursuant to Section 111(d) of the Clean Air Act.
(2) The initial design capacity report shall contain the information given in 40 CFR 60.38f(a)(1) and 40 CFR 60.38f(a)(2).
(b) The owner or operator of an existing MSW landfill subject to this Section shall submit an amended design capacity report providing notification of an increase in the design capacity of the landfill, within 90 days of an increase in the maximum design capacity of the landfill to meet or exceed 2.5 million megagrams and 2.5 million cubic meters. An increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in 15A NCAC 02D .1709(j).
(c) The owner or operator of an existing MSW landfill subject to this Rule shall submit a NMOC emission rate report to the Director no later than 90 days after the effective date of EPA approval of the State plan pursuant to Section 111(d) of the Clean Air Act and annually thereafter, except as provided for in 40 CFR 60.38f(c). The NMOC emission rate report shall:
(1) contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures provided in 40 CFR 60.35f(a) or (b), as applicable;
(2) include all the data, calculations, sample reports, and measurements used to estimate the annual or five-year emissions; and
(3) if the estimated NMOC emission rate as reported in the annual report is less than 34 megagrams per year in each of the next five consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for the next five-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimate waste acceptance rate for each year of the five years for which an NMOC emission rate is estimated. All data and calculations shall be provided. This estimate shall be revised at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five-year estimate, a revised five-year estimate shall be submitted. The revised estimate shall cover the five-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.
Each owner and operator subject to the requirements of this Rule shall be exempted from the requirements to submit an NMOC emission rate report, after installing a compliant collection and control system, during such time as the collection and control system is in operation and in compliance with 15A NCAC 02D .1705 and .1706.
(d) The owner or operator of an existing MSW landfill subject to 15A NCAC 02D .1703(b) shall submit a collection and control system design plan to the Director within one year of the first NMOC emission rate report, required under Paragraph (c) of this Rule, in which the emission rate equals or exceeds 34 megagrams per year, except as provided for in 40 CFR 60.38f(d)(4)(i), 60.38f(d)(4)(ii), and 60.38f(d)(4)(iii). The collection and control system design plan shall include:
(1) a description of the collection and control system;
(2) a description of any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions provided in this Rule; and
(3) a description indicating how the plan conforms to specifications for active collection systems or a demonstration of sufficient alternative provisions as given in 40 CFR 60.40f.
(e) The owner or operator of an existing MSW landfill who previously submitted a design plan pursuant to Paragraph (d) of this Rule, pursuant to 40 CFR Part 60, Subpart WWW, or a State plan implementing 40 CFR Part 60, Subpart Cc, shall submit a revised design plan that includes the information in Subparagraphs (d)(1) through (d)(3) of this Rule as follows:
(1) at least 90 days before expanding operations to an area not covered by the previously approved design plan; and
(2) prior to installing or expanding the gas collection system in a way that is not consistent with the design plan that was submitted to the Director in Paragraph (d) of this Rule.
(f) The owner or operator of a controlled MSW landfill shall submit a closure report meeting the requirements of 40 CFR 258.60 to the Director within 30 days of cessation of waste acceptance. If a closure report has been submitted to the Director, no additional waste shall be placed into the landfill without first filing a notification of modification as described pursuant to 40 CFR 60.7(a)(4). The Director may request such additional information to verify that permanent closure of the MSW landfill has taken place pursuant to the requirements of 40 CFR 258.60.
(g) The owner or operator of a controlled MSW landfill shall submit an equipment removal report 30 days prior to removal or cessation of operation of the control equipment according to 15A NCAC 02D .1703(f). The report shall contain the items listed in 40 CFR 60.38f(g). The Director may request such additional information to verify that all the conditions for removal in 40 CFR 60.33f(f) have been met.
(h) The owner or operator of a MSW landfill seeking to comply with 15A NCAC 02D .1703(b) using an active collection system designed in accordance with 40 CFR 60.33f(b) shall submit, following the procedures pursuant to 40 CFR 60.38f(j)(2), annual reports of the recorded information in 40 CFR 60.38f(h)(1) through (h)(7). The initial annual report shall be submitted within 180 days of installation and start-up of the collection and control system, and shall include the initial performance test report required under 40 CFR 60.8. The initial performance test report shall be submitted by following the procedures pursuant to 40 CFR 60.38f(j)(1). Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707 shall follow the semi-annual reporting requirements in 40 CFR 63.1981(h) in lieu of this Paragraph.
(i) The owner or operator of an existing MSW landfill required to comply with 15A NCAC 02D .1703(b) shall include the information given in 40 CFR 60.38f(i)(1) through (i)(6) with the initial performance test report required pursuant to 40 CFR 60.8.
(j) The owner or operator of an existing MSW landfill shall submit a report within 60 days after the date of completing each performance test pursuant to 40 CFR 60.38f(j).
(k) The owner or operator of an existing MSW landfill required to implement corrective action, shall submit reports to the Director pursuant to 40 CFR 60.38f(k)(1) and (k)(2). Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707 shall follow the corrective action and the corresponding timeline reporting requirements in 40 CFR 63.1981(j) in lieu of this Paragraph.
(l) The owner or operator of an affected MSW landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters that has employed leachate recirculation or added liquids based on a Research, Development, and Demonstration permit within the last 10 years shall submit an annual report to the Director that includes the information pursuant to 40 CFR 60.38f(l)(1) through (l)(10). The annual report shall be submitted by following the procedures pursuant to 40 CFR 60.38f(j)(2).
(m) The owner or operator of an affected MSW landfill with a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters that intends to demonstrate site-specific surface methane emissions are below 500 parts per million methane, based on Tier 4 provisions of 40 CFR 60.35f(a)(6), shall provide notifications to the Director in accordance with 40 CFR 60.38f(m)(1) and (m)(2).
(n) Each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707, shall submit the 24-hour high temperature report according to 40 CFR 63.1981(k).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Amended Eff. July 1, 2000;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021;
Amended Eff. November 1, 2023.
15A NCAC 02D .1709 RECORDKEEPING REQUIREMENTS
(a) The owner or operator of a MSW landfill subject to this Section shall keep on-site, readily accessible, for at least five years a copy of the design capacity report that triggered 40 CFR 60.33f(e), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within four hours. Either paper copy or electronic formats of the records shall be acceptable.
(b) The owner or operator of a controlled landfill shall keep up-to-date records for the life of the control equipment of the data listed in 40 CFR 60.39f(b)(1) through (b)(5) as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of five years. Records of the control device vendor specifications shall be maintained until removal.
(c) Each owner or operator of a controlled MSW landfill subject to this Section shall keep for five years up-to-date records pursuant to 40 CFR 60.768(c) of the equipment operating parameters specified to be monitored in 15A NCAC 02D .1707 and records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. The parameter boundaries considered in excess of those established during the performance test are defined in 40 CFR 60.39f(c)(1)(i) and (ii) and are also required to be reported pursuant to 15A NCAC 02D .1708(j).
(d) The owner or operator of a MSW landfill subject to this Section shall keep up-to-date, readily accessible continuous records of the indication of flow to the control system and the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configuration used to seal bypass lines as specified in 40 CFR 60.37f.
(e) The owner or operator of a MSW landfill subject to this Section who uses a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with 40 CFR 60.33f(c) shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater.
(f) The owner or operator of a MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(c) by use of a non-enclosed flare shall keep up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent.
(g) The owner or operator of a MSW landfill seeking to comply with the provisions of 15A NCAC 02D .1703(b) using an active collection system designed pursuant to 40 CFR 60.33f(b) shall keep records of periods of when the collection system or control device is not operating.
(h) The owner or operator of a MSW landfill subject to 15A NCAC 02D .1703(b) shall keep for the life of the collection system an up-to-date plot map pursuant to 40 CFR 60.768(d) showing existing and planned collectors in the system and provide unique identification location labels for each collector. Records of newly installed collectors shall be maintained pursuant to 40 CFR 60.36f(b) and documentation of asbestos-containing or nondegradable waste excluded from collection shall be kept pursuant to 40 CFR 60.40(a)(3)(i) and records of any nonproductive areas excluded from collection shall be kept pursuant to 40 CFR 60.40f(a)(3)(ii).
(i) The owner or operator of a MSW landfill subject to 15A NCAC 02D .1703(b) shall keep for at least five years accessible records of the following:
(1) for each owner or operator that chooses to comply with the operational provisions of 40 CFR 63.1958, 63.1960, and 63.1961, as allowed by 15A NCAC 02D .1705, .1706, and .1707, the date upon which the owner or operator started complying with the provisions in 40 CFR 63.1958, 63.1960, and 63.1961, and records according to 40 CFR 63.1983(e)(1) through (e)(5) in lieu of Subparagraphs (2) through (4) of this Paragraph;
(2) records of emissions from the collection and control system exceeding the operational standards pursuant to 40 CFR 60.34f, including the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance;
(3) records of each wellhead temperature monitoring value of 55 degrees Celsius (131 degrees Fahrenheit) or above, each well head nitrogen level at or above 20 percent, and each wellhead oxygen level at or above five percent; and
(4) records for any root cause analysis as provided in 40 CFR 60.39f(e)(3) through (e)(5).
(j) The owner or operator of a MSW landfill who converts design capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, as provided in the definition of "design capacity", shall keep readily accessible, on-site records of the annual recalculation of site specific density, design capacity, and the supporting documentation. Off-site records may be maintained if they are retrievable within four hours. Either paper copy or electronic formats are acceptable.
(k) The owner or operator of a MSW landfill seeking to demonstrate that site-specific surface methane emissions are below 500 parts per million by conducting surface emissions monitoring under the Tier 4 procedures shall follow the recordkeeping provisions provided in 40 CFR 60.39f(g).
(l) The owner or operator of a MSW landfill subject to the provisions of this Section shall keep for at least five years up-to-date, readily accessible records of all collection and control system monitoring data for the parameters measured in 40 CFR 60.37f(a)(1) through (a)(3).
(m) The owner or operator of a MSW landfill reporting leachate or other liquids addition pursuant to 15A NCAC 02D .1708(k) shall keep records of any engineering calculations or company records used to estimate the quantities or leachate or liquids added, the surface areas for which the leachate or liquids were applied, and the estimates of annual waste acceptance or total waste in place in the areas where leachate or liquids were applied.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(4); 143-215.107(a)(5); 143-215.107(a)(10);
Eff. July 1, 1998;
Amended Eff. July 1, 2000;
Readopted Eff. October 1, 2020;
Amended Eff. October 1, 2022; July 1, 2021.
15A NCAC 02D .1710 COMPLIANCE SCHEDULES
For each existing MSW landfill subject to this Section as specified in 15A NCAC 02D .1702 and meeting the design capacity condition of 15A NCAC 02D .1703(a) whose NMOC emission rate is less than 34 megagrams per year on or after the most recent effective date of this Rule, shall:
(1) submit a site-specific design plan for the gas collection and control system to the Director within 12 months of first exceeding the NMOC emission rate of 34 megagrams per year and 50 megagrams per year for the closed landfill subcategory; and
(2) plan, award contracts, and install MSW landfill air emission collection and control system capable of meeting the emission standards established pursuant to 15A NCAC 02D .1703 within 30 months of the date when the conditions in 15A NCAC 02D .1703 (a)(3) are met.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5);
Eff. July 1, 1998;
Readopted Eff. October 1, 2020;
Amended Eff. July 1, 2021.
SECTION .1800 - CONTROL OF ODORS
15A NCAC 02D .1801 DEFINITIONS
For the purpose of this Section, the following definitions apply:
(1) "Animal operation" means animal operation as defined in G.S. 143-215.10B.
(2) "Child care center" means child care centers as defined in G.S. 110-86 and licensed pursuant to G.S. 110, Article 7.
(3) "Construction" means any physical change, including fabrication, erection, installation, replacement, demolition, excavation, or other modification, at any contiguous area in common control.
(4) "Control technology" means economically feasible control devices installed to reduce objectionable odors from animal operations.
(5) "Existing animal operation" means an animal operation that is in operation or commences construction on or before February 28, 1999.
(6) "Historic properties" means historic properties acquired by the State pursuant to G.S. 121-9 or listed in the North Carolina Register of Historic Places pursuant to G.S. 121-4.1.
(7) "Modified animal operation" means an animal operation that commences construction after February 28, 1999, to increase the steady state live weight that can be housed at that animal operation. Modified animal operation does not include renovating existing barns, relocating barns, or replacing existing lagoons or barns if the new barn or lagoon is no closer to the nearest property and if the new barn or lagoon does not increase the steady state live weight that can be housed at that animal operation.
(8) "New animal operation" means an animal operation that commences construction after February 28, 1999.
(9) "Objectionable odor" means any odor present in the ambient air that by itself, or in combination with other odors, is or may be harmful or injurious to human health or welfare, or may unreasonably interfere with the comfortable use and enjoyment of life or property. Odors are harmful or injurious to human health if they tend to lessen human food and water intake, interfere with sleep, upset appetite, produce irritation of the upper respiratory tract, cause symptoms of nausea, or if their chemical or physical nature is, or may be, detrimental or dangerous to human health.
(10) "Occupied residence" means occupied residence as defined in G.S. 106-802.
(11) "State Parks" means the State Parks System as defined in G.S. 143B-135.44.
(12) "Technologically feasible" means that an odor control device or a proposed solution to an odor problem has previously been demonstrated to accomplish its intended objective, and is generally accepted within the technical community. It is possible for technologically feasible solutions to have demonstrated their suitability on similar, but not identical, sources for which they are proposed to control.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(11);
Temporary Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1, 2000;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1802 CONTROL OF ODORS FROM ANIMAL OPERATIONS USING LIQUID ANIMAL WASTE MANAGEMENT SYSTEMS
(a) Purpose. The purpose of this Rule is to control objectionable odors from animal operations beyond the boundaries of animal operations.
(b) Applicability. This Rule shall apply to all animal operations using liquid animal waste management systems.
(c) Required management practices. All animal operations shall be required to implement applicable management practices for the control of odors as follows:
(1) the carcasses of dead animals shall be disposed in accordance with G.S. 106-403 and 02 NCAC 52C .0102. The Rule 02 NCAC 52C .0102 is hereby incorporated by reference and includes subsequent amendments or editions;
(2) waste from animal wastewater application spray systems shall be applied in such a manner and pursuant to such conditions to prevent drift from the irrigation field of the wastewater spray beyond the boundary of the animal operation, except waste from application spray systems may be applied in an emergency to maintain safe lagoon freeboard if the owner or operator notifies the Department and resolves the emergency with the Department as written in the Swine Waste Operation General Permit;
(3) animal wastewater application spray system intakes shall be located near the liquid surface of the animal wastewater lagoon;
(4) ventilation fans shall be maintained according to the manufacturer's specifications; and
(5) animal feed storage containers located outside of animal containment buildings shall be covered except when removing or adding feed. This Subparagraph shall not apply to the storage of silage or hay or to commodity boxes with roofs.
(d) Odor management plan (OMP) for existing animal operations for swine. Animal operations for swine that meet the criteria in the table in this Paragraph shall submit an odor management plan to the Director. The animal operation shall be required to submit its odor management plan only once. The odor management plan shall:
(1) identify the name, location, and owner of the animal operation;
(2) identify the name, title, address, and telephone number of the owner or operator filing the plan;
(3) identify the sources of odor within the animal operation;
(4) describe how odor will be controlled from:
(A) the animal houses;
(B) the animal wastewater lagoon, if used;
(C) the animal wastewater application lands, if used;
(D) waste conveyances and temporary accumulation points; and
(E) other possible sources of odor within the animal operation;
(5) contain a diagram showing all structures and lagoons at the animal operation, forced air directions, and approximate distances to structures or groups of structures within 3,000 feet of the property line of the animal operation; an aerial photograph may be provided instead of a diagram provided the items required by this Subparagraph are shown;
(6) for existing animal operations, contain a schedule not to exceed six months by which the plan will be implemented;
(7) describe how the plan will be implemented, including training of personnel;
(8) describe inspection and maintenance procedures;
(9) describe methods of monitoring and recordkeeping to verify compliance with the plan; and
(10) describe how odors are currently being controlled and how these odors will be controlled in the future.
|100 pounds steady state live weight |Distance in feet to the boundary of the nearest neighboring occupied property with an |
|of swine |inhabitable structure, business, school, hospital, church, outdoor recreational facility,|
| |national park, State Park, historic property, or child care center |
| | | |
|at least |but less than | |
|10,000 |20,000 |less than or equal to 3,000 |
|20,000 |40,000 |less than or equal to 4,000 |
|40,000 | |less than or equal to 5,000 |
For the purposes of this Rule, the distance shall be measured from the edge of the barn or lagoon, whichever is closer, to the boundary of the neighboring occupied property with an inhabitable structure, business, school, hospital, church, outdoor recreational facility, national park, State Park, historic property, or child care center. All animal operations for swine that are of the capacity in the table in this Paragraph shall submit either an odor management plan or documentation that no neighboring occupied property with an inhabitable structure, business, school, hospital, church, outdoor recreational facility, national park, State Park, historic property, or child care center is within the distances specified in the table. The Director may require existing animal operations for swine with a steady state live weight of swine between 100,000 to 1,000,000 pounds steady state live weight to submit an odor management plan if the Director determines pursuant to Paragraph (g) of this Rule that these animal operations cause or contribute to an objectionable odor. The Director may require an existing animal operation to submit a best management plan pursuant to 15A NCAC 02D .1803, then submit the best management plan pursuant to Paragraph (h) of this Rule if the existing animal operation fails to submit an odor management plan.
(e) Location of objectionable odor determinations.
(1) For an existing animal operation that does not meet the following siting requirements:
(A) at least 1,500 feet from any occupied residence not owned by the owner of the animal operation;
(B) at least 2,500 feet from any school, hospital, church, outdoor recreation Facility, national park, State Park, historic property, or child care center; and
(C) at least 500 feet from any property boundary;
objectionable odors shall be determined at neighboring occupied property not owned by the owner of the animal operation, such as businesses, schools, hospitals, churches, outdoor recreation facilities, national parks, State Parks, historic properties, or child care centers that are affected.
(2) For a new animal operation or existing animal operation that meets the siting requirements in Subparagraph (1) of this Paragraph, objectionable odors shall be determined beyond the boundary of the animal operation.
(f) Complaints. The Director shall respond to complaints about objectionable odors from animal operations as follows:
(1) Complaints shall be investigated;
(2) Complaints may be used to assist in determination of a best management plan failure or a control technology failure;
(3) The Director shall respond to complaints within 30 days of receipt of the complaint;
(4) Complaint response shall include the Director's evaluation of the complaint;
(5) The investigation of a complaint shall be completed as expeditiously as possible considering the meteorology, activities at the animal operation, and other conditions occurring at the time of the complaint.
(g) Determination of the existence of an objectionable odor. In determining if an animal operation is causing or contributing to an objectionable odor, the factors the Director may consider include:
(1) the nature, intensity, frequency, pervasiveness, and duration of the odors from the animal operation;
(2) complaints received about objectionable odors from the animal operation;
(3) emissions from the animal operation of known odor causing compounds, such as ammonia, total volatile organics, hydrogen sulfide, or other sulfur compounds at levels that could cause or contribute to an objectionable odor;
(4) any epidemiological studies associating health problems with odors from the animal operation or documented health problems associated with odors from the animal operation provided by the State Health Director; or
(5) any other evidence, including records maintained by neighbors, that show that the animal operation is causing or contributing to an objectionable odor.
(h) Requirements for a best management plan for control of odors from existing animal operations. If the Director determines that an existing animal operation is causing or contributing to an objectionable odor, the owner or operator of the animal operation shall:
(1) submit to the Director as soon as practical, but not to exceed 90 days after receipt of written notification from the Director that the animal operation is causing or contributing to an objectionable odor, a best management plan for odor control as described in 15A NCAC 02D .1803; and
(2) comply with the terms of the best management plan within 30 days after the Director approves the best management plan, or the Director may approve an alternate compliance schedule based upon the complexity of the best management plan (approved compliance schedule is an alternate schedule to 30 days).
(i) Requirement for amendment to the best management plan. No later than 60 days from completion of a compliance schedule in an approved best management plan or if the best management plan contains no compliance schedule, no later than 60 days from the implementation date of the best management plan, the Director shall determine whether the plan has been implemented. If the Director determines at any time that a plan submitted pursuant to Paragraph (h) of this Rule does not control objectionable odors from the animal operation, the Director shall require the owner or operator of the animal operation to amend the plan to incorporate additional or alternative measures to control objectionable odors from the animal operation. The owner or operator shall:
(1) submit a revised best management plan to the Director as soon as practical but not later than 60 days after receipt of written notification from the Director that the plan is inadequate; and
(2) comply with the revised best management plan within 30 days after the Director approves the revisions to the best management plan (approved compliance schedule is an alternate schedule to 30 days).
(j) Requirements for control technology. After the best management plan has been implemented and revised no more than one time excluding voluntary revisions and revisions made pursuant to 15A NCAC 02D .1803(c), a plan failure shall constitute a finding by the Director, using the criteria pursuant to Paragraph (g) of this Rule. If a plan failure occurs, the Director shall require the owner or operator of the animal operation to install control technology to control odor from the animal operation. Within 90 days from receipt of written notification from the Director of a plan failure, the owner or operator shall submit a permit application for control technology and an installation schedule. If the owner or operator demonstrates to the Director that a permit application cannot be submitted within 90 days, the Director shall extend the time for submittal up to an additional 90 days if the owner or operator demonstrates the delay in submitting the application was beyond his or her control. Control technology shall be determined according to Subparagraph (1) of this Paragraph. The installation schedule shall contain the increments of progress described in Subparagraph (2) of this Paragraph. The owner or operator may at any time request adjustments in the installation schedule and shall in his or her request explain why the schedule cannot be met. If the Director finds the request to be accurate, the Director shall revise the installation schedule as requested; however, the Director shall not extend the final compliance date beyond 24 months from the date that the permit was first issued for the control technology. The owner or operator shall certify to the Director within five days after the deadline for each increment of progress described in Subparagraph (2) of this Paragraph whether the required increment of progress has been met.
(1) Control technology. The owner or operator of an animal operation shall identify control technologies that are technologically feasible for his or her animal operation and shall select the control technology or control technologies that results in the greatest reduction of odors considering human health, energy, environmental, and economic impacts and other costs. The owner or operator shall explain the reasons for selecting the control technology or control technologies. If the Director finds that the selected control technology or control technologies will control objectionable odors following the procedures in 15A NCAC 02Q .0300 or .0500, he or she shall approve the installation of the control technology or control technologies for this animal operation upon permit issuance. The owner or operator of the animal operation shall comply with all terms and conditions in the permit.
(2) Installation schedule. The installation schedule for control technology shall contain the following increments of progress:
(A) a date by which contracts for odor control technology shall be awarded or orders shall be issued for purchase of component parts or materials;
(B) a date by which on-site construction or installation of the odor control technology shall begin;
(C) a date by which on-site construction or installation of the odor control technology shall be completed; and
(D) a date by which final compliance shall be achieved.
Control technology shall be in place and operating as soon as practical but not to exceed 12 months from the date that the permit is issued for control technology.
(k) The following requirements shall apply to new or modified animal operations:
(1) Before beginning construction, the owner or operator of a new or modified animal operation raising or producing swine shall submit and have an approved best management plan and shall meet the following setbacks. A house or lagoon that is a component of an animal operation shall be constructed:
(A) at least 1,500 feet from any occupied residence not owned by the owner of the animal operation;
(B) at least 2,500 feet from any school, hospital, church, outdoor recreation facility, national park, State Park, historic property, or child care center; and
(C) at least 500 feet from any property boundary;
(2) Before beginning construction, the owner or operator of a new or modified animal operation other than swine shall submit and have an approved best management plan.
(3) For new or modified animal operations raising or producing swine, the outer perimeter of the land area onto which waste is applied that is a component of an animal operation shall be:
(A) at least 75 feet from any boundary of property on which an occupied residence not owned by the owner of the animal operation is located; and
(B) at least 200 feet from any occupied residence not owned by the owner of the animal operation.
(4) The Director shall either approve or disapprove the best management plan submitted pursuant to this Paragraph within 90 days after receipt of the plan. If the Director disapproves the plan, he or she shall identify the plan's deficiency.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(11); 143-215.108(a); 150B-21.6;
Temporary Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1, 2000;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1803 BEST MANAGEMENT PLANS FOR ANIMAL OPERATIONS
(a) Contents of a best management plan. The best management plan for animal operations shall:
(1) identify the name, location, and owner of the animal operation;
(2) identify the name, title, address, and telephone number of the person filing the plan;
(3) identify the sources of odor within the animal operation;
(4) describe how odor will be controlled from:
(A) the animal houses;
(B) the animal wastewater lagoon, if used;
(C) the animal wastewater application lands, if used;
(D) waste conveyances and temporary accumulation points; and
(E) other possible sources of odor within the animal operation;
(5) contain a diagram showing all structures and lagoons at the animal operation, forced air directions, and approximate distances to structures or groups of structures within 3000 feet of the property line of the animal operation; an aerial photograph may be submitted in place of a diagram provided the items required in accordance with this Subparagraph of this Rule are shown;
(6) for existing animal operations, contain a schedule not to exceed six months by which the plan will be implemented. A new animal operation shall and be in compliance with its best management plan when it begins operations. For an amended best management plan, the implementation schedule shall not exceed six months;
(7) describe how the plan will be implemented, including training of personnel;
(8) describe inspection and maintenance procedures; and
(9) describe methods of monitoring and recordkeeping to verify compliance with the plan.
(b) The Division shall review all best management plan submittals within 30 days of receipt to determine if the submittal is complete or incomplete for processing purposes. To be complete, the submittal shall contain all the elements listed in Paragraph (a) of this Rule. The Division shall notify the person submitting the plan by letter stating that:
(1) the submittal is complete;
(2) the submittal is incomplete and identifying the missing elements and a date by which the missing elements need to be submitted to the Division; or
(3) the best management plan is incomplete and requesting that the person rewrite and resubmit the plan.
(c) Approval of the best management plan. The Director shall approve the plan if he or she finds that:
(1) the plan contains all the required elements in Paragraph (a) of this Rule;
(2) the proposed schedule contained in the plan will reduce objectionable odors;
(3) the methods used to control objectionable odors will prevent objectionable odors beyond the property lines of the animal operation. The Director shall not consider impacts of objectionable odors on neighboring property if the owner of the neighboring property agrees in writing that he or she does not object to objectionable odors on his or her property and this written statement is included with the proposed best management plan. This agreement becomes void if the neighboring property changes ownership. If the neighboring property changes ownership, the plan shall be revised, if necessary, to prevent objectionable odors on this property unless the new owner agrees in writing that he or she does not object to objectionable odors on his property; and
(4) the described methods verify compliance with the plan.
Within 90 days after receipt of a plan, the Director shall determine whether the proposed plan meets the requirements of this Paragraph. If the Director finds that the proposed plan does not meet the requirements of this Paragraph, he or she shall notify the owner or operator of the animal operation in writing of the deficiencies in the proposed plan. The owner or operator shall have 30 days after receiving written notification from the Director to correct the deficiencies. If the Director finds that the proposed plan is acceptable, he or she shall notify the owner or operator in writing that the proposed plan has been approved.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(11);
Temporary Adoption Eff. April 27, 1999; March 1, 1999;
Eff. July 1, 2000;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1804 REPORTING REQUIREMENTS FOR ANIMAL OPERATIONS
If the Department receives an odor complaint about an animal operation, the Department may require the owner or operator of the animal operation to submit the following information to investigate the odor compliant:
(1) the name and location of the animal operation;
(2) the name, title, address, and telephone number of the person reporting;
(3) the type and number of animals at the animal operation;
(4) potential sources of odors, such as animal housing structures, lagoons, collection and handling devices, and storage containers, with a physical description of these sources;
(5) waste water land application procedures; and
(6) measures taken to reduce odors.
The owner or operator shall submit this information to the Division within 15 days after receipt of the request.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(11)
Temporary Adoption Eff. March 1, 1999;
Eff. July 1, 2000;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1805 IMPLEMENTATION PLAN
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(11);
Temporary Adoption Eff. March 1, 1999;
Temporary Repeal Eff. May 25, 1999.
15A ncac 02d .1806 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
(a) Purpose. The purpose of this Rule is to provide for the control and prohibition of objectionable odorous emissions.
(b) Definitions. For the purpose of this Rule, the following definitions shall apply:
(1) "Commercial purposes" means activities that require a State or local business license to operate.
(2) "Temporary activities or operations" means activities or operations that are less than 30 days in duration during the course of a calendar year and do not require an air quality permit.
(c) Applicability. With the exemptions in Paragraph (d) of this Rule, this Rule shall apply to all operations that produce odorous emissions that can cause or contribute to objectionable odors beyond the facility's boundaries.
(d) Exemptions. The requirements of this Rule do not apply to:
(1) processes at kraft pulp mills identified in 15A NCAC 02D .0528 and subject to 15A NCAC 02D .0524 or .0528;
(2) processes at facilities that produce feed-grade animal proteins or feed-grade animal fats and oils identified in 15A NCAC 02D .0539;
(3) motor vehicles and transportation facilities;
(4) all on-farm animal and agricultural operations, including dry litter operations and operations subject to 15A NCAC 02D .1804;
(5) municipal wastewater treatment plants and municipal wastewater handling systems;
(6) restaurants and food preparation facilities that prepare and serve food on site;
(7) single family dwellings not used for commercial purposes;
(8) materials odorized for safety purposes;
(9) painting and coating operations that do not require a business license;
(10) all temporary activities or operations; or
(11) any facility that stores products that are grown, produced, or generated on one or more agricultural operations and that are "renewable energy resources," as defined in G.S. 62-133.8(a)(8) if the facility identifies the sources of potential odor emissions and specifies odor management practices in their permit pursuant to 15A NCAC 02Q .0300 or .0500 to minimize objectionable odor beyond the property lines.
(e) Control Requirements. The owner or operator of a facility subject to this Rule shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary.
(f) Odor management plan. If the Director determines that a source or facility subject to this Rule is causing or contributing to objectionable odors beyond its property boundary by the procedures described in Paragraph (i) of this Rule, the owner or operator shall develop and submit an odor management plan within 60 days of receipt of written notification from the Director of an objectionable odor determination. The odor management plan shall:
(1) identify the sources of odorous emissions;
(2) describe how odorous emissions will be controlled from each identified source;
(3) describe how the plan will be implemented; and
(4) contain a schedule by which the plan will be implemented.
Upon receipt of an approval letter from the Director for the odor management plan, the source or facility shall implement the approved plan within 30 days, unless an alternative schedule of implementation is approved as part of the odor management plan submittal. If the Director finds that the odor management plan does not meet the requirements of this Paragraph or address the specific odor concerns, he or she shall notify the owner or operator of any deficiencies in the proposed plan. The owner or operator shall have 30 days after receipt of written notification from the Director to resubmit the odor management plan correcting the stated deficiencies with the plan or the schedule of implementation. If the owner or operator fails to correct the plan deficiencies with the second draft plan submittal or repeatedly fails to meet the deadlines set forth in this Paragraph or Paragraph (g) of this Rule, the Director shall notify the owner or operator in writing that they are required to comply with the maximum feasible control requirements in Paragraph (h) of this Rule.
(g) Odor management plan revision. If after the odor management plan has been implemented, the Director determines that the plan fails to eliminate objectionable odor emissions from a source or facility using the procedures described in Paragraph (i) of this Rule, he or she shall require the owner or operator of the facility to submit a revised plan. Within 60 days after receiving written notification from the Director of a new objectionable odor determination, the owner or operator of the facility shall submit a revision to their odor management plan following the procedures and timelines in Paragraph (f) of this Rule. If the revised plan, once implemented, fails to eliminate objectionable odors, then the source or facility shall comply with requirements in Paragraph (h) of this Rule.
(h) Maximum feasible controls. If an amended odor management plan does not prevent objectionable odors beyond the facility's boundary, the Director shall require the owner or operator to implement maximum feasible controls for the control of odorous emissions. Maximum feasible controls shall be determined according to the procedures in 15A NCAC 02D .1807. The owner or operator shall:
(1) complete the process outlined in 15A NCAC 02D .1807 and submit a complete permit application according to 15A NCAC 02Q .0300 or 15A NCAC 02Q .0500, as applicable, within 180 days of receipt of written notice from the Director requiring implementation of maximum feasible controls. The application shall include a compliance schedule containing the following increments of progress:
(A) a date by which contracts for the odorous emission control systems and equipment shall be awarded or orders shall be issued for purchase of component parts;
(B) a date by which on-site construction or installation of the odorous emission control systems and equipment shall begin;
(C) a date by which on-site construction or installation of the odorous emission control systems and equipment shall be completed; and
(D) a date by which final compliance shall be achieved.
(2) install and begin operating maximum feasible controls within 18 months after receiving written notification from the Director of the requirement to implement maximum feasible controls. The owner or operator may request an extension to implement maximum feasible controls. The Director shall approve an extension request if he or she finds that the extension request is the result of circumstances beyond the control of the owner or operator.
The owner or operator shall certify to the Director within five days after the deadline for each increment of progress in this Paragraph whether the required increment of progress has been met.
(i) Determination of the existence of an objectionable odor. A source or facility is causing or contributing to an objectionable odor when:
(1) a member of the Division staff determines by field investigation that an objectionable odor is present by taking into account the nature, intensity, pervasiveness, duration, and source of the odor and other pertinent such as wind direction, meteorology, and operating parameters of the facility;
(2) the source or facility emits known odor-causing compounds such as ammonia, total volatile organics, hydrogen sulfide, or other sulfur compounds at levels that cause objectionable odors beyond the property line of that source or facility; or
(3) the Division receives from the State Health Director epidemiological studies associating health problems with odors from the source or facility.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 2001;
Readopted Eff. September 1, 2019.
15A ncac 02d .1807 DETERMINATION OF MAXIMUM FEASIBLE CONTROLS FOR ODOROUS EMISSIONS
(a) Scope. This Rule sets out procedures for determining maximum feasible controls for odorous emissions. The owner or operator of the facility shall be responsible for providing the maximum feasible control determination.
(b) Process for maximum feasible control determinations. The following sequential process shall be used on a case-by-case basis to determine maximum feasible controls:
(1) Identify all available control technologies. In the first step, all available options for the control of odorous emissions shall be listed. Available options include all possible control technologies or techniques with a potential to control, reduce, or minimize odorous emissions. For the purposes of this document, a comprehensive and effective odor control plan may be listed among the possible odor control technologies as a viable and satisfactory maximum feasible control technology option. All available control technologies shall be included on this list regardless of their technical feasibility or potential energy, human health, economic, or environmental impacts.
(2) Eliminate technically infeasible options. In the second step, the technical feasibility of all the control options identified pursuant to Subparagraph (b)(1) of this Rule shall be evaluated with respect to source specific factors. A demonstration of technical infeasibility shall be documented and shall show, based on physical, chemical, or engineering principles, that technical difficulties preclude the successful use of the control option under review. Technically infeasible control options shall then be eliminated from further consideration as maximum feasible controls.
(3) Rank remaining control technologies by control effectiveness. All the remaining control technologies, which have not been eliminated pursuant to Subparagraph (b)(2) of this Rule, shall be ranked and then listed in order of their ability to control odorous emissions, with the most effective control option at the top of the list. The list shall present all the control technologies that have not been previously eliminated and shall include the following information:
(A) control effectiveness;
(B) economic impacts, including cost effectiveness;
(C) environmental impacts: this shall include any media impacts (for example, water or solid waste), at a minimum the impact of each control alternative on emissions of toxic or hazardous air pollutants;
(D) human health impacts; and
(E) energy impacts.
However, an owner or operator proposing to implement the most stringent alternative, in terms of control effectiveness, need not provide detailed information concerning the other control options. In such cases, the owner or operator shall provide documentation to the Director the proposed control option is the most efficient, in terms of control effectiveness, and provide a review of collateral environmental impacts.
(4) Evaluate most effective controls and document results. Following the delineation of all available and technically feasible control technology options pursuant to Subparagraph (b)(3) of this Rule, the energy, human health, environmental, and economic impacts shall be considered in order to arrive at the maximum feasible controls. An analysis of the predicted and associated impacts for each option shall be conducted. The owner or operator shall present an objective evaluation of the impacts of each alternative. Beneficial and adverse impacts shall be analyzed and, if possible, quantified. If the owner or operator proposed to select the most stringent alternative, in terms of control effectiveness, as maximum feasible controls, he or she shall evaluate whether impacts of unregulated air pollutants or environmental impacts in other media would justify selection of an alternative control technology. If there are no concerns regarding collateral environmental impacts, the analysis is ended and this proposed option is selected as maximum feasible controls. In the event the most stringent alternative is inappropriate, due to energy, human health, environmental, or economic impacts, the justification for this conclusion shall be documented. The next most stringent option, in terms of control effectiveness, shall become the primary alternative and be similarly evaluated. This process shall continue until the control technology evaluated cannot be eliminated due to source-specific environmental, human health, energy, or economic impacts.
(5) Select maximum feasible controls. The most stringent option, in terms of control effectiveness, that is not eliminated pursuant to Subparagraph (b)(4) of this Rule shall be selected as maximum feasible controls.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 2001;
Readopted Eff. September 1, 2019.
15A ncac 02d .1808 Evaluation of NEW OR MODIFIED SWINE FARMS
(a) Purpose. The purpose of this Rule is to specify the methods for evaluating new or modified swine farms for compliance with the performance standard in G.S. 143-215.10I (b)(3).
(b) Applicability. This Rule applies to new or modified swine farms required by G.S. 143-215.10I to meet the performance standard in G.S. 143-215.10I (b)(3).
(c) Requirements. New or modified swine farms subject to this Rule shall comply with the requirements in this Section.
(d) Evaluation of new or modified swine farms. For the purpose of evaluating odor at new or modified swine farms for compliance with the performance standard in G.S. 143-215.10I (b)(3), the following shall apply:
(1) When a field olfactometry method and instrumentation is used to determine odor intensity at the designated evaluation location, as specified in 15A NCAC 02D .1802(e), the measured dilution-to-threshold ratio shall be less than or equal to 7:1 as determined using the manufacturer's instrument procedures and instructions; or
(2) When odor intensity is determined using an Odor Intensity Referencing Scale (OIRS) as specified in ASTM 544-99, the instantaneous observed level shall be less than the equivalent of 225 parts per million n-butanol in air. In addition, the average of 30 consecutive observations conducted over a minimum of 30-minutes at designated evaluation locations shall be less than the equivalent of 75 parts per million n-butanol in air and a minimum of 4 readings out of the minimum 30 readings shall be less than or equal to the equivalent 25 parts per million n-butanol in air.
History Note: Authority G.S. 143-215.10I; 143-215.3(a)(1); 143-215.107(a)(11); 143-215.108(a);
Eff. January 1, 2009;
Readopted Eff. September 1, 2019.
section .1900 – open burning
15A NCAC 02D .1901 OPEN BURNING: PURPOSE: SCOPE
(a) Open Burning Prohibited. A person shall not cause, allow, or permit open burning of combustible material except as allowed by 15A NCAC 02D .1903 and .1904.
(b) Purpose. The purpose of this Section is to control air pollution resulting from the open burning of combustible materials and to protect the air quality in the immediate area of the open burning.
(c) Scope. This Section applies to all operations involving open burning. This Section does not authorize any open burning that is a crime pursuant to G.S. 14-136, G.S. 14-137, G.S. 14-138.1 and G.S. 14-140.1, or affect the authority of the North Carolina Forest Service to issue or deny permits for open burning in or adjacent to woodlands as provided in G.S. 106-940 through G.S. 106-950. This Section does not affect the authority of any local government to regulate open burning through its fire codes or other ordinances. The issuance of any open burning permit by the North Carolina Forest Service or any local government does not relieve any person from the necessity of complying with this Section or any other air quality rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1996;
Amended Eff. January 1, 2015; July 1, 2007; June 1, 2004;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1902 DEFINITIONS
For the purpose of this Section, the following definitions apply:
(1) "Air Curtain Incinerator" means a stationary or portable combustion device that operates by directing a plane of high velocity forced draft air through a manifold head onto an open chamber, pit, or container with vertical walls to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. These incinerators can be built above or below ground and be constructed with or without refractory walls and floors. These shall not include conventional combustion devices with enclosed fireboxes or controlled air technology such as mass burn, modular, or fluidized bed combustors.
(2) "Air Quality Action Day Code 'Orange' or above" means an air quality index of 101 or greater as defined in 40 CFR Part 58, Appendix G. This includes Codes Orange, Red, Purple, and Maroon.
(3) "Dangerous materials" means explosives or containers used in the holding or transporting of explosives.
(4) "Initiated" means to start or ignite a fire or reignite or rekindle a fire.
(5) "Land clearing" means the uprooting or clearing of vegetation in connection with construction for buildings; agricultural, residential, commercial, institutional, or industrial development; mining activities; or the initial clearing of vegetation to enhance property value. This term does not include regularly scheduled maintenance or property clean-up activities.
(6) "Log" means any limb or trunk whose diameter exceeds six inches.
(7) "Nonattainment area" means an area designated in 40 CFR 81.334 as nonattainment.
(8) "Nuisance" means causing physical irritation exacerbating a documented medical condition, visibility impairment, or evidence of soot or ash on property or structure other than the property on which the burning is done.
(9) "Occupied structure" means a building where people can be reasonably expected to be present or a building used for housing farm or domestic animals.
(10) "Off-site" means any area not on the premises of the land-clearing activities.
(11) "Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the atmosphere without passing through a stack, chimney, or a permitted air pollution control device.
(12) "Person" as used in 15A NCAC 02D .1901 means:
(a) the person in operational control over the open burning; or
(b) the landowner or person in possession or control of the land when he or she has directly or indirectly allowed the open burning or the Division determined, based upon an investigation into the open burn, that the land owner has benefited from it.
(13) "Pile" means a quantity of combustible material assembled together in one place.
(14) "Public pick-up" means the removal of refuse, yard trimmings, limbs, or other plant material from a residence by a governmental agency, private company contracted by a governmental agency, or municipal service.
(15) "Public road" means any road that is part of the State highway system or any road, street, or right-of-way dedicated or maintained for public use.
(16) "Refuse" means any garbage, rubbish, or trade waste.
(17) "Regional Office Supervisor" means the supervisor of personnel of the Division of Air Quality in a regional office of the Department of Environmental Quality.
(18) "Right-of-way maintenance" means vegetation management, including grass cutting, weed abatement, tree trimming, and tree and brush removal of existing streets, highways, and public places.
(19) "Salvageable items" means any product or material that was first discarded or damaged and then all or part was recovered for future use. Examples of these items include insulated wire, electric motors, and electric transformers.
(20) "Smoke management plan" means the plan developed following the North Carolina Forest Service's smoke management program and approved by the North Carolina Forest Service. The purpose of the smoke management plan is to manage smoke from prescribed burns of public and private forests to minimize the impact of smoke on air quality and visibility.
(21) "Synthetic material" means man-made material, including tires, asphalt materials such as shingles or asphaltic roofing materials, construction materials, packaging for construction materials, wire, electrical insulation, and treated or coated wood.
History Note: Authority G.S. 143-215.3(a)(1);
Eff. July 1, 1996;
Amended Eff. January 1, 2015; July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT
(a) Open burning is prohibited except open burning allowed pursuant to Paragraph (b) of this Rule or 15A NCAC 02D .1904. Except as allowed pursuant to Subparagraphs (b)(3) through (b)(9) of this Rule, open burning shall not be initiated in a county that the Department or the Forsyth County Office of Environmental Assistance and Protection, has forecasted to be in an Air Quality Action Day Code "Orange" or above during the 24-hour time period covered by that Air Quality Action Day.
(b) The following types of open burning are permissible without an air quality permit.
(1) The open burning of leaves, logs, stumps, tree branches, or yard trimmings, if the following conditions are met:
(A) the material burned originates on the premises of private residences and is burned on those premises and does not include material collected from multiple private residences and combined for burning;
(B) there are no public pickup services available;
(C) non-vegetative materials, such as household garbage, treated or coated wood, or any other synthetic materials are not burned;
(D) the burning is initiated no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
(E) the burning does not create a nuisance; and
(F) material is not burned when the North Carolina Forest Service or other government agencies have banned burning for that area.
The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes of the application of the open burning air quality permitting exception described in this Subparagraph;
(2) The open burning for land clearing or right-of-way maintenance if the following conditions are met:
(A) The wind direction at the time that the burning is initiated and the wind direction as forecasted by the National Weather Service at the time that the burning is initiated are away from any area, including public roads within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning;
(B) The location of the burning is at least 500 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property where the burning is conducted. The regional office supervisor may grant exceptions to the setback requirements if:
(i) a signed, written statement waiving objections to the open burning associated with the land clearing operation is obtained and submitted to, and the exception granted by, the regional office supervisor before the burning begins from a resident or an owner of each dwelling, commercial or institutional establishment, or other occupied structure within 500 feet of the open burning site. In the case of a lease or rental agreement, the lessee or renter shall be the person from whom permission shall be gained prior to any burning; or
(ii) an air curtain incinerator that complies with 15A NCAC 02D .1904 is utilized at the open burning site.
Factors that the regional supervisor shall consider in deciding to grant the exception include: all the persons who need to sign the statement waiving the objection have signed it; the location of the burn; and the type, amount, and nature of the combustible substances. The regional supervisor shall not grant a waiver if a college, school, licensed day care, hospital, licensed rest home, or other similar institution is less than 500 feet from the proposed burn site when such institution is occupied;
(C) Only land-cleared plant growth is burned. Heavy oils, items containing natural or synthetic rubber, synthetic materials, or materials other than plant growth shall not be burned; however, kerosene, distillate oil, or diesel fuel may be used to start the fire;
(D) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
(E) No fires are initiated or vegetation added to existing fires when the North Carolina Forest Service or other government agencies have banned burning for that area; and
(F) Materials are not carried off-site or transported over public roads for open burning unless the materials are carried or transported to:
(i) Facilities permitted in accordance with 15A NCAC 02D .1904 for the operation of an air curtain incinerator at a permanent site; or
(ii) A location, where the material is burned not more than four times per calendar year, which meets all of the following criteria:
(I) at least 500 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted;
(II) there are no more than two piles, each no more than 20 feet in diameter, being burned at one time; and
(III) the location is not a permitted solid waste management facility;
(3) camp fires and fires used solely for outdoor cooking and other recreational purposes, ceremonial occasions, or for human warmth and comfort and that do not create a nuisance and do not use synthetic materials, refuse, or salvageable materials for fuel;
(4) fires purposely set to public or private forest land for forest management practices for which burning is the accepted practice of the North Carolina Forest Service;
(5) fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural or apicultural practices for which burning is the accepted practice of the North Carolina Department of Agriculture and Consumer Services;
(6) fires purposely set for wildlife management practices for which burning is the accepted practice of the Wildlife Resource Commission;
(7) fires for the disposal of dangerous materials when the Division has determined that it is the safest and most practical method of disposal;
(8) fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing laboratories, or other persons, to test or develop these materials or equipment in accordance with a written protocol for the testing or development process;
(9) fires purposely set for the instruction and training of fire-fighting personnel at permanent fire-fighting training facilities;
(10) fires purposely set for the instruction and training of fire-fighting personnel when conducted under the supervision of or with the cooperation of one or more of the following agencies:
(A) the North Carolina Forest Service;
(B) the North Carolina Department of Insurance; or
(C) North Carolina Community Colleges;
(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction and training of fire-fighting personnel, provided that:
(A) the regional office supervisor has been notified according to the procedures and deadlines contained in the notification form and the regional office supervisor has granted permission for the burning. The information required to be submitted in the form includes:
(i) the address of the fire department that is requesting the training exercise;
(ii) the location of the training exercise;
(iii) a description of the type of structure or object and amount of materials to be burned at the location of the training exercise;
(iv) the dates that the training exercise will be performed; and
(v) an inspection from a North Carolina Asbestos Inspector that the structure being burned is free of asbestos.
The form shall be submitted 10 days prior to commencement of the burn. This form may be obtained in electronic format at or by contacting the regional office as specified in 15A NCAC 02D .1905 and requesting it.
(B) Factors that the regional office supervisor shall consider in granting permission for the burning include:
(i) type, amount, and nature of combustible substances. The regional office supervisor shall not grant permission for the burning of salvageable items or if the primary purpose of the fire is to dispose of synthetic materials or refuse;
(ii) the burning of previously demolished structures. The regional office supervisor shall not consider these structures as having training value;
(iii) the burning of motor vehicles. The regional office supervisor may allow an exercise involving the burning of motor vehicles burned over a period of time by a training unit or by several related training units if he or she determines that they have training value; and
(iv) the distance from the location of the fire training to residential, commercial, or institutional buildings or properties.
Deviations from the dates and times of exercises, including additions, postponements, and deletions, submitted in the schedule in the approved plan shall be communicated verbally to the regional office supervisor a minimum of one hour before the burn is scheduled.
(12) fires for the disposal of vegetative material generated as a result of a natural disaster, including tornado, hurricane, or flood, if the regional office supervisor grants permission for the burning. The person desiring to do the burning shall document and provide written notification to the regional office supervisor that there is no other practical method of disposal of the waste. Factors that the regional office supervisor shall consider in granting permission for the burning include type, amount, location of the burning, and nature of combustible substances. The regional office supervisor shall not grant permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or refuse or recovery of salvageable materials. Fires authorized under this Subparagraph shall comply with the conditions of Parts (b)(2)(A) through (E) of this Rule.
(c) The authority to conduct open burning pursuant to this Section does not exempt or excuse a person from the consequences, damages, or injuries that may result from this conduct. It does not excuse or exempt a person from complying with laws, ordinances, rules or orders of other governmental entities having jurisdiction even though the open burning is conducted in compliance with this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-394, s.2;
Eff. July 1, 1996;
Amended Eff. June 13, 2016; March 19, 2015; July 3, 2012; July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998;
Readopted Eff. September 1, 2019;
Amended Eff. September 1, 2023.
15A NCAC 02D .1904 AIR CURTAIN INCINERATORS
(a) Applicability. This Rule applies to the following air curtain incinerators:
(1) new and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2260 or 60.2970 through 60.2974 that combust the following materials:
(A) 100 percent wood waste;
(B) 100 percent clean lumber;
(C) 100 percent yard waste; or
(D) 100 percent mixture of only wood waste, clean lumber, and yard waste.
(2) new and existing temporary air curtain incinerators used at industrial, commercial, institutional, or municipal sites.
(b) Definitions. For the purpose of this Rule, the following definitions apply:
(1) "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood or wood products that have been painted, pigment-stained, or pressure treated, or manufactured wood products that contain adhesives or resins.
(2) "Malfunction" means an unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures caused entirely or in part by poor maintenance, careless operations, or another upset condition within the control of the emission source are not considered a malfunction.
(3) "New air curtain incinerator" means an air curtain incinerator that began operating on the effective date of this Rule or later.
(4) "Operator" means the person in operational control over the open burning.
(5) "Permanent air curtain incinerator" means an air curtain incinerator whose owner or operator operates the air curtain incinerator at one facility or site during the term of the permit.
(6) "Temporary air curtain incinerator" means an air curtain incinerator whose owner or operator moves the air curtain incinerator to another site and operates it for land clearing or right-of-way maintenance at that site on one or more occasions during the term of its permit.
(7) "Temporary-use air curtain incinerator used in disaster recovery" means an air curtain incinerator that meets the following requirements:
(A) combusts less than 35 tons per day of debris consisting of the materials listed in Parts (a)(1)(A) through (C) of this Rule;
(B) combusts debris within the boundaries of an area officially declared a disaster or emergency by federal, state, or local government; and
(C) combusts debris for less than 16 weeks unless the owner or operator submits a request for additional time no less than 1 week prior to the end of the 16-week period and provides the reasons that the additional time is needed. The Director shall provide written approval for the additional time if he or she finds that the additional time is warranted based on the information provided in the request.
Examples of disasters or emergencies include tornadoes, hurricanes, floods, ice storms, high winds, or acts of bioterrorism.
(8) "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:
(A) grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial, institutional, or industrial sources as part of maintaining yards or other private or public lands;
(B) construction, renovation, or demolition wastes;
(C) clean lumber; and
(D) treated wood and treated wood products, including wood products that have been painted, pigment-stained, or pressure treated, or manufactured wood products that contain adhesives or resins.
(9) "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. Yard waste comes from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include:
(A) construction, renovation, or demolition wastes;
(B) clean lumber; and
(C) wood waste.
(c) Air curtain incinerators shall comply with the following conditions and requirements:
(1) the operation of air curtain incinerators in particulate and ozone nonattainment areas shall cease in a county that the Department or the Forsyth County Office of Environmental Assistance and Protection has forecasted to be an Air Quality Action Day Code "Orange" or above during the 24-hour time period covered by that Air Quality Action Day;
(2) the wind direction at the time that the burning is initiated and the wind direction as forecasted by the National Weather Service during the time of the burning shall be away from areas, including public roads within 250 feet of the burning as measured from the edge of the pavement or other roadway surface, that may be affected by smoke, ash, or other air pollutants from the burning;
(3) no fires shall be started or material added to existing fires when the North Carolina Forest Service, Fire Marshall, or other governmental agency has banned burning for that area;
(4) burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. No combustible materials shall be added to the air curtain incinerator prior to or after this time period;
(5) The air curtain incinerator shall not be operated more than the maximum source operating hours-per-day and days-per-week. The maximum source operating hours-per-day and days-per-week shall be set to protect the ambient air quality standard and prevention of significant deterioration (PSD) increment for particulate. The maximum source operating hours-per-day and days-per-week shall be determined using the modeling procedures in 15A NCAC 02D .1106(b), (c), and (f). This Subparagraph shall not apply to temporary air curtain incinerators;
(6) air curtain incinerators shall meet manufacturer's specifications for operation and upkeep to ensure complete burning of material charged into the pit. Manufacturer's specifications shall be kept on site and be available for inspection by Division staff;
(7) the owner or operator of an air curtain incinerator shall allow the ashes to cool and water the ash prior to its removal to prevent the ash from becoming airborne;
(8) only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start the fire; and
(9) the location of the burning shall be at least 300 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. The regional office supervisor may grant exceptions to the setback requirements if a signed, written statement waiving objections to the air curtain burning is obtained from a resident or an owner of each dwelling, commercial or institutional establishment, or other occupied structure within 300 feet of the burning site. In case of a lease or rental agreement, the lessee or renter, and the property owner shall sign the statement waiving objections to the burning. The statement shall be submitted to and approved by the regional office supervisor before initiation of the burn. Factors that the regional supervisor shall consider in deciding to grant the exception include: all the persons who need to sign the statement waiving the objection have signed it; the location of the burn; and the type, amount, and nature of the combustible substances.
(d) Exemptions. Temporary-use air curtain incinerators used in disaster recovery are excluded from the requirements of this Rule if the following conditions are met:
(1) the air curtain incinerator meets the definition of a temporary-use air curtain incinerators used in disaster recovery as specified in Subparagraph (b)(7) of this Rule;
(2) the air curtain incinerator meets requirements pursuant to 40 CFR 60.2969 or 60.3061 to which the air curtain incinerator is subject; and
(3) the air curtain incinerator is operated in a manner consistent with the operations manual for the air curtain incinerator and the charge rate during operation remains less than or equal to the lesser of 35 tons per day or the maximum charge rate specified by the manufacturer of the air curtain incinerator.
(e) Permitting. Air curtain incinerators shall be subject to 15A NCAC 02Q .0500.
(1) The owner or operator of a new or existing permanent air curtain incinerator shall obtain a General Title V Operating Permit pursuant to 15A NCAC 02Q .0509.
(2) The owner or operator of a new or existing temporary air curtain incinerator shall obtain a General Title V Operating Permit pursuant to 15A NCAC 02Q .0510.
(3) The owner or operator of an existing permanent or temporary air curtain incinerator shall complete and submit a permit application within 12 months after the effective date of this Rule.
(4) The owner or operator of a new permanent or temporary air curtain incinerator shall complete and submit a permit application 60 days prior to the date the unit commences operation.
(5) The owner or operator of an existing permanent or temporary air curtain incinerator that is planning to close rather than obtaining a permit pursuant to 15A NCAC 02Q .0509 or 15A NCAC 02Q .0510 shall submit a closure notification to the Director within 12 months after the effective date of this Rule.
(f) Opacity limits.
(1) The owner or operator of an existing air curtain incinerators shall meet the following opacity limits:
(A) Maintain opacity to less than or equal to 35 percent opacity, as determined by the average of 3 1-hour blocks consisting of 10 6-minute average opacity values, during startup of the air curtain incinerator, where startup is defined as the first 30 minutes of operation.
(B) Maintain opacity to less than or equal to 10 percent opacity, as determined by the average of 3 1-hour blocks consisting of 10 6-minute average opacity values, at times of operation other than during startup or during malfunctions.
(2) The owner or operator of a new air curtain incinerator shall meet the opacity limits specified in Subparagraph (f)(1) of this Rule within 60 days after air curtain incinerator reaches the charge rate at which it will operate, but within 180 days after its initial startup.
(g) Performance tests.
(1) Initial and annual opacity tests shall be conducted using 40 CFR 60 Appendix A-4 Test Method 9 to determine compliance with the opacity limitations specified in Subparagraph (f)(1) of this Rule.
(2) The owner or operator of an existing air curtain incinerator shall conduct an initial performance test for opacity as specified in 40 CFR 60.8 within 90 days after the effective date of this rule.
(3) The owner or operator of a new air curtain incinerator shall conduct an initial performance test for opacity as specified in 40 CFR 60.8 within 60 days after achieving the maximum charge rate at which the affected air curtain incinerator will be operated, but not later than 180 days after initial startup of the air curtain incinerator.
(4) After the initial test for opacity, the owner or operator of a new or existing air curtain incinerator subject to this Rule shall conduct annual opacity tests on the air curtain incinerator no more than 12 calendar months following the date of the previous test.
(5) The owner or operator of an existing air curtain incinerator that has ceased operations and is restarting after more than 12 months since the previous test shall conduct an opacity test upon startup of the unit.
(h) Recordkeeping and Reporting Requirements.
(1) Prior to commencing construction of an air curtain incinerator, the owner or operator of a new air curtain incinerator shall submit the following information to the Director:
(A) a notification of intent to construct an air curtain incinerator;
(B) the planned initial startup date of the air curtain incinerator; and
(C) the materials planned to be combusted in the air curtain incinerator.
(2) The owner or operator of a new or existing air curtain incinerator shall do the following:
(A) keep records of results of initial and annual opacity tests onsite in either paper copy or electronic format for five years;
(B) make records available for submission to the Director or for an inspector's onsite review;
(C) report the results of the initial and annual opacity tests as the average of 3 1-hour blocks consisting of 10 6-minute average opacity values;
(D) submit initial opacity test results to the Division within 60 days following the initial test and submit annual opacity test results within 12 months following the previous report;
(E) submit initial and annual opacity test reports to the Division as specified in 15A NCAC 02D .0605(i); and
(F) keep a copy of the initial and annual reports onsite for a period of five years.
(i) In addition to complying with the requirements of this Rule, an air curtain incinerator subject to:
(1) 40 CFR Part 60, Subpart CCCC, shall also comply with 40 CFR 60.2245 through 60.2260; or
(2) 40 CFR Part 60, Subpart EEEE, shall also comply with 40 CFR 60.2970 through 60.2974.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10); 143-215.108; S.L. 2011-394, s.2; 40 CFR 60.2865;
Eff. July 1, 1996;
Amended Eff. July 3, 2012; July 1, 2007; December 1, 2005; August 1, 2004;
Readopted Eff. September 1, 2019;
Amended Eff. September 1, 2023.
15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS
The Department of Environmental Quality regional offices shall handle inquiries, requests, and plans for facilities located in their respective regions. Contact information for the regional offices may be found on the Division website at .
History Note: Authority G.S. 143-215.3(a)(1);
Eff. July 1, 1996;
Amended Eff. December 1, 2005;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016;
Amended Eff. September 1, 2023; September 1, 2019.
15A NCAC 02D .1906 DELEGATION TO COUNTY GOVERNMENTS
(a) The governing body of any county or municipality or group of counties or municipalities may establish a partial air pollution control program to implement and enforce this Section provided that the program complies with G.S. 143-215.112.
(b) The governing body shall submit to the Director documentation demonstrating that the requirements of G.S. 143-215.112 have been met. Within 90 days after receiving the submission from the governing body, the Director shall review the documentation to determine if the requirements of G.S. 143-215.112 have been met and shall present his or her findings to the Commission. If the Commission determines that the air pollution program meets the requirements in G.S. 143-215.112, it shall certify the local air pollution program to implement and enforce this Section within its area of jurisdiction.
(c) County and municipal governments shall not have the authority to issue permits for air curtain incinerators at a permanent site as defined in 15A NCAC 02D .1904.
(d) The three certified local air pollution programs, the Western North Carolina Regional Air Quality Agency, the Forsyth County Office of Environmental Assistance and Protection, and Mecklenburg County Air Quality, a Division of Land Use and Environmental Services Agency, shall continue to enforce open burning rules and have the authority to issue permits for air curtain incinerators as part of their local air pollution programs.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.112;
Eff. July 1, 1996;
Amended Eff. December 1, 2005; June 1, 2004;
Readopted Eff. September 1, 2019.
15A NCAC 02D .1907 MULTIPLE VIOLATIONS ARISING FROM A SINGLE Investigation
(a) Multiple violations arising from a single investigation of open burning may be assessed multiple penalties using the procedures set forth in G.S. 143-215.3(a)(9). In determining the number of violations of the open burning rules, the Director shall consider:
(1) the type of material burned;
(2) the amount of material burned; and
(3) the location of the burn.
(b) Each pile of land clearing or right-of-way maintenance debris that does not comply with the specifications of 15A NCAC 02D .1903(b)(2) shall constitute a separate violation.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 2007;
Readopted Eff. September 1, 2019.
SECTION .2000 - TRANSPORTATION CONFORMITY
15A NCAC 02D .2001 PURPOSE, SCOPE AND APPLICABILITY
(a) The purpose of this Section is to assure the conformity of transportation plans, programs, and projects that are developed, funded, or approved by the United States Department of Transportation and by metropolitan planning organizations or other recipients of funds under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.), or State or Local only sources of funds, with all plans required of areas designated as nonattainment or maintenance under 40 CFR 81.334 for the pollutants specified therein or listed in Paragraph (c) of this Rule.
(b) This Section shall apply to the emissions of volatile organic compounds and nitrogen oxides in the following areas:
(1) townships of Central Cabarrus, Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount Pleasant, New Gilead, Odell, Poplar Tent, and Rimertown in Cabarrus County;
(2) townships of Crowders Mountain, Dallas, Gastonia, Riverbend, and South Point in Gaston County;
(3) townships of Davidson and Coddle Creek in Iredell County;
(4) townships of Catawba Springs, Lincolnton, and Ironton in Lincoln County;
(5) all townships in Mecklenburg County;
(6) townships of Atwell, China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, Salisbury, Steele, and Unity in Rowan County; and
(7) townships of Goose Creek, Marshville, Monroe, Sandy Ridge, and Vance in Union County.
(c) This Section shall apply to the emissions of:
(1) particulate matter in areas identified in 40 CFR 81.334 as nonattainment or that have been redesignated attainment and are current maintenance areas for fine particulate (PM2.5); or
(2) volatile organic compounds or nitrogen oxides in areas identified in 40 CFR 81.334 as nonattainment or that have been redesignated attainment and are current maintenance areas for ozone.
(d) For Federal Highway Administration/Federal Transit Administration (FHWA/FTA) projects or regionally-significant State or local projects that meet the standards set forth in Paragraphs (b) and or (c) of this Rule, this Section shall apply to:
(1) the adoption, acceptance, approval, or support of transportation plans and transportation plan amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a metropolitan planning organization or the United States Department of Transportation;
(2) the adoption, acceptance, approval, or support of transportation improvement programs or amendments to transportation improvement programs pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a metropolitan planning organization or the United States Department of Transportation; or
(3) the approval, funding, or implementation of FHWA/FTA projects.
Conformity determinations are not required under this Section for individual projects that are not FHWA/FTA projects. However, 40 CFR 93.121 shall apply to these projects if they are regionally significant projects.
(e) This Section applies to maintenance areas for 20 years from the date the Environmental Protection Agency approves the area's request under Section 107(d) of the Clean Air Act for redesignation to attainment or until the effective date of revocation of the conformity requirements for the NAAQS by EPA.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1999;
Amended Eff. December 1, 2005;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2002 DEFINITIONS
For the purposes of this Section, the definitions contained in 40 CFR 93.101 and the following definitions apply:
(1) "Regionally-significant project" means a transportation project (other than an exempt project under 40 CFR 93.126) that is on a facility that serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls and sports complexes, or transportation terminals as well as most terminals themselves) and would be included in the modeling of a metropolitan area's transportation network, including all principal arterial highways and all fixed guide-way transit facilities that offer an alternative to regional highway travel.
(2) "Regionally-significant State or local project" means any highway or transit project that is a regionally significant project and that is proposed to receive only non-federal funding assistance or approval through the State or any local program.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2003 TRANSPORTATION CONFORMITY DETERMINATION
(a) Conformity analyses, determinations, and redeterminations for transportation plans, transportation improvement programs, FHWA/FTA projects, and State or local regionally-significant projects shall be made according to the requirements of 40 CFR 93.104 and shall comply with the applicable requirements of 40 CFR 93.119, 93.120, 93.124, 93.125, and 93.126. For the purposes of this Rule, regionally-significant State or local projects shall be subject to the same requirements under 40 CFR Part 93 as FHWA/FTA projects except that State Environmental Policy Act procedures and requirements shall be substituted for National Environmental Policy Act procedures and requirements. Regionally-significant State or local projects subject to this Section for which the State Environmental Policy Act process and a conformity determination have been completed may proceed toward implementation without further conformity determination unless more than three years have elapsed since the most recent major step (State Environmental Policy Act process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications, and estimates) occurred. All phases of these projects considered in the conformity determination shall also be included if these phases were for the purpose of funding final design, right-of-way acquisition, construction, or any combination of these phases.
(b) Before making a conformity determination, the metropolitan planning organizations, local transportation departments, North Carolina Department of Transportation, United States Department of Transportation, Division of Air Quality, local air pollution control agencies, and United States Environmental Protection Agency shall consult with each other on matters described in 15A NCAC 02D .2005. Consultation shall begin as early as possible in the development of the emissions analysis used to support a conformity determination. The agency that performs the emissions analysis shall make the analysis available to the Division of Air Quality and at least 21 days shall be allowed for review and comment on the emissions analysis. The 21-day review period shall begin upon receipt of the analysis by the Director of the Division of Air Quality. After review by the Division of Air Quality, the approving agency shall seek public comments in accordance with its public participation policy. The agency making the conformity determination shall address all written comments received prior to close of the public comment period, and these comments and responses thereto shall be included in the final document. If the Division of Air Quality disagrees with the resolution of its comments, the conflict may be escalated to the Governor within 14 days and shall be resolved in accordance with 40 CFR 93.105(d). The 14-day appeal period shall begin upon receipt by the Director of the Division of Air Quality of the metropolitan planning organization's resolution that determines conformity.
(c) The agency that performs the conformity analysis shall notify the Division of Air Quality of:
(1) changes in planning or analysis assumptions, including land use and vehicle miles traveled (VMT) forecasts; and
(2) revisions to transportation plans or transportation improvement plans that add, delete, or change projects that require a new emissions analysis including, design scope and dates that change the transportation network existing in a horizon year.
Comments made by the Division of Air Quality and responses thereto made by the agency shall become part of the final planning document.
(d) Transportation plans shall satisfy the requirements of 40 CFR 93.106. Transportation plans and transportation improvement programs shall satisfy the fiscal constraints specified in 40 CFR 93.108. Transportation plans, programs, and FHWA/FTA projects shall satisfy the applicable requirements of 40 CFR 93.109 through 93.119.
(e) Written commitments to implement control measures that are not included in the transportation plan or transportation improvement program (TIP) shall be obtained before a conformity determination, and these commitments shall be fulfilled. Written commitments to implement mitigation measures shall be obtained before a positive conformity determination, and project sponsors shall comply with these commitments.
(f) A recipient of federal funds designated under Title 23 U.S.C. or the Federal Transit Act shall not adopt or approve a regionally-significant highway or transit project, regardless of funding source, unless the requirements of 40 CFR Part 93 are met.
(g) The degree of specificity required in a transportation plan and the specific travel network assumed for air quality modeling shall not preclude the consideration of alternatives in the National Environmental Policy Act of 1969 process, in accordance with 40 CFR 93.107.
(h) When assisting or approving any action with air quality-related consequence, the Federal Highway Administration and the Federal Transit Administration of the Department of Transportation shall give priority to the implementation of those transportation portions of an applicable implementation plan prepared to attain and maintain the national ambient air quality standards, as provided under 40 CFR 93.103. This priority shall be consistent with statutory requirements for allocation of funds among states or other jurisdictions.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2004 DETERMINING TRANSPORTATION-RELATED EMISSIONS
(a) The procedures in 40 CFR 93.122 shall be used to determine regional transportation-related emissions.
(b) The procedures in 40 CFR 93.123 shall be used to determine localized carbon monoxide concentrations (hot-spot analysis).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2005 MEMORANDUM OF AGREEMENT
(a) The Division of Air Quality shall develop and maintain a memorandum of agreement with the North Carolina Department of Transportation, the metropolitan planning organizations of the areas identified in 15A NCAC 02D .2001, and the United States Department of Transportation to describe the participation and responsibilities of each of these agencies in implementing the requirements of this Section and 40 CFR Part 93. For those areas identified in 15A NCAC 02D .2001 for which there is no metropolitan planning organization, the North Carolina Department of Transportation shall represent those areas for the purposes of the memorandum of agreement. The memorandum of agreement shall include:
(1) consultation procedures described in 40 CFR 93.105;
(2) the projected time allotted for each agency to review and comment on or to respond to comments on transportation improvement programs, transportation plans, and transportation projects; and
(3) consultation procedures for the development of State Implementation Plans that relate to transportation.
The contents of the Memorandum of Agreement shall comply with the criteria and procedures in the federal Clean Air Act Section 176(c) [42 U.S.C. 7401-7671q] and 40 CFR Part 51, Subpart T, 40 CFR Part 93, Subpart A, and 15A NCAC 02D .2001 through .2004.
(b) No recipient of federal funds, defined in 40 CFR 93.101, designated under Title 23 U.S.C. or the Federal Transit Act shall adopt or approve or take any action to develop or implement a regionally-significant highway or transit project unless such recipient has signed the Memorandum of Agreement established under this Rule. This Memorandum of Agreement shall bind the recipient to adhere to the conformity criteria and procedures of this Section.
(c) No agency shall adopt or approve or take any action to implement or develop any transportation plan, transportation improvement program, or federally funded or approved FHWA/FTA highway or transit project unless the agency has signed the Memorandum of Agreement established under this Rule. This Memorandum of Agreement shall bind the recipient to adhere to the conformity criteria and procedures of this Section.
(d) Each federal agency that participates in determinations of conformity to state and federal implementation plans shall sign the Memorandum of Agreement established under this Rule. This Memorandum of Agreement shall bind the recipient to adhere to the conformity criteria and procedures of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. April 1, 1999;
Readopted Eff. January 1, 2018.
SECTION .2100 – RISK MANAGEMENT PROGRAM
15A NCAC 02D .2101 APPLICABILITY
(a) This Section shall apply to an owner or operator of a stationary source with more than a threshold quantity of a regulated substance in a process as determined by 40 CFR 68.115, except as set forth in Paragraph (b) of this Rule. An owner or operator of a stationary source shall comply with this Section no later than the latest of the following dates:
(1) June 21, 1999;
(2) three years after the date on which a regulated substance is first listed according to 40 CFR 68.130; or
(3) the date on which a regulated substance is first present above a threshold quantity in a process.
(b) The following substances shall be exempt from the provisions of this Section:
(1) ammonia used as an agricultural nutrient, when held by farmers, pursuant to 40 CFR 68.125; and
(2) a flammable substance listed in Tables 3 and 4 of 40 CFR 68.130 that is used as a fuel or held for sale as a fuel at a retail facility pursuant to 40 CFR 68.126.
(c) A covered process that meets the requirements of 40 CFR 68.10(b) is eligible for Program 1 requirements.
(d) A covered process that meets the requirements of 40 CFR 68.10(c) is subject to Program 2 requirements.
(e) A covered process that meets the requirements of 40 CFR 68.10(d) is subject to Program 3 requirements.
(f) If at any time a covered process no longer meets the eligibility criteria of its Program level, the owner or operator of the stationary source shall comply with the requirements of the new Program level as set forth in Paragraphs (c), (d), and (e) of this Rule as it applies to the process and shall update the risk management plan as required by 40 CFR 68.190.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2102 DEFINITIONS
For the purpose of this Section the definitions set forth in 40 CFR 68.3 shall apply with the following exception: "Implementing agency" means the Division of Air Quality.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2103 REQUIREMENTS
Except as provided in 40 CFR 68.2 and 15A NCAC 02D .2101(b), the owner or operator of a stationary source governed by this Section shall comply with all the applicable requirements in:
(1) 40 CFR 68.12, General Requirements;
(2) 40 CFR 68.15, Management;
(3) 40 CFR Part 68, Subpart B, Hazard Assessment, including 40 CFR Part 68, Appendix A, Table of Toxic Endpoints;
(4) 40 CFR Part 68, Subpart C, Program 2 Prevention Program;
(5) 40 CFR Part 68, Subpart D, Program 3 Prevention Program;
(6) 40 CFR Part 68, Subpart E, Emergency Response;
(7) 40 CFR Part 68, Subpart G, Risk Management Plan;
(8) 40 CFR 68.200, Recordkeeping; and
(9) 40 CFR 68.220(f).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2104 IMPLEMENTATION
(a) The owner or operator of a stationary source governed by this Section shall:
(1) submit a risk management plan, or a revised plan as required by 40 CFR 68.150, to the Environmental Protection Agency; and
(2) submit a source certification or, in its absence, submit a compliance schedule to meet the requirements of 15A NCAC 02Q .0508(h)(2).
(b) The Division shall use one or more mechanisms such as completeness checks, source audits, record reviews, or facility inspections to ensure that facilities covered under this Rule are in compliance with the requirements of this Section. The Division shall conduct periodic audits in accordance with the audit procedures in 40 CFR 68.220.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
Eff. July 1, 2000;
Readopted Eff. November 1, 2019.
SECTION .2200 – SPECIAL ORDERS
15A NCAC 02D .2201 PURPOSE
The purpose of this Section is to implement the provisions of G.S. 143-215.110 pertaining to the issuance of air quality Special Orders by the Environmental Management Commission.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.110;
Eff. April 1, 2004;
Readopted Eff. January 1, 2018.
15a ncac 02d .2202 DEFINITIONS
For the purposes of this Section, the following definitions apply:
(1) "Special Order" means a directive of the Commission to any person whom it finds responsible for causing or contributing to any air pollution in the State. The term includes all orders or instruments issued by the Commission pursuant to G.S. 143-215.110.
(2) "Consent Order" means a Special Order into which the Commission enters with the consent of the person who is subject to the order.
History Note: Authority G.S. 143-212; 143-213; 143-215.3(a)(1); 143-215.110;
Eff. April 1, 2004;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2203 PUBLIC NOTICE
(a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The Commission may specify other conditions for Special Orders issued without consent if the conditions are needed to achieve or demonstrate compliance with a requirement under this Subchapter or 15A NCAC 02Q.
(b) Notice of proposed Consent Order:
(1) The Director shall give notice pursuant to G.S. 143-215.110(a1).
(2) The Director shall give notice of a proposed Consent Order 30 days prior to final action regarding the Consent Order.
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at and provided to those persons specified in G.S. 143-215.110(a1)(1) for air quality special orders.
(4) The notice shall include the following:
(A) name, address, and telephone number of the Division;
(B) name and address of the person to whom the proposed order is directed;
(C) a brief summary of the conditions of the proposed order, including the period of time during which action must be taken to achieve compliance and the major permit conditions or emission standards that the source will be allowed to exceed during the pendency of the order;
(D) a brief description of the procedures to be followed by the Commission or Director in reaching a final decision on the proposed order, which shall include descriptions of the process for submitting comments and requesting a public hearing. The description shall specify that comments and requests for a public hearing are to be received by the Division within 30 days following the date of public notice; and
(E) a description of the information available for public review, where it can be found, and procedures for obtaining copies of pertinent documents.
(c) Notice of public hearing for proposed Consent Order:
(1) The Director shall consider requests for a public hearing, and if significant public interest for a public hearing exists, then he or she shall hold a public hearing.
(2) The Director shall give notice of the public hearing not less than 30 days before the hearing.
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at and provided to those persons specified in G.S. 143-215.110(a1)(2) for air quality special orders.
(4) The notice shall include the information specified in Subparagraph (b)(4) of this Rule. It shall also state the time and location for the hearing and the procedures for providing comment.
(5) The Chairman of the Commission or the Director shall appoint one or more hearing officers to preside over the public hearing and to receive written and oral comments. The hearing officer shall provide the Commission a written report of the hearing, which shall include:
(A) a copy of the public notice;
(B) a copy of the written comments and supporting documentation received;
(C) a summary of the oral comments received;
(D) recommendations of the hearing officer to the Commission; and
(E) a proposed Consent Order for the Commission's consideration.
(d) A person may request to receive copies of notices required by this Rule, and the Director shall provide copies of notices to those who have submitted a request.
(e) A Consent Order may be modified by the Director to incorporate minor modifications, including modification of standard conditions to reflect updated versions of federal or state regulations, correction of typographical errors, or interim date extensions, without public notice provided that the modifications do not extend the final compliance date by more than four months.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.110;
Eff. April 1, 2004;
Readopted Eff. February 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02D .2204 FINAL ACTION ON cONSENT ORDERS
(a) The Director shall take final action for the Commission on Consent Orders for which a public hearing has not been held as provided in 15A NCAC 02D .2203. The final action on the proposed order shall be taken no later than 60 days following publication of the notice.
(b) The Commission shall take final action on Consent Orders for which a public hearing has been held as provided in 15A NCAC 02D .2203. The final action on the proposed order shall be taken no later than 90 days following the hearing.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(4); 143-215.110;
Eff. April 1, 2004;
Readopted Eff. January 1, 2018.
15A NCAC 02D .2205 NOTIFICATION OF RIGHT TO CONTEST SPECIAL ORDERS ISSUED WITHOUT CONSENT
For any Special Orders other than Consent Orders, the Commission shall notify the person subject to the order of the procedure set out in G.S. 150B-23 to contest the Special Order.
History Note: Authority G.S. 143-215.2(b); 143-215.3(a)(1); 143-215.110(b);
Eff. April 1, 2004;
Readopted Eff. January 1, 2018.
SECTION .2300 – BANKING EMISSION REDUCTION CREDITS
15A NCAC 02D .2301 PURPOSE
This Section provides for the creation, banking, transfer, and use of emission reduction credits for:
(1) nitrogen oxides (NOx);
(2) volatile organic compounds (VOC);
(3) sulfur dioxide (SO2);
(4) fine particulate (PM2.5); and
(5) ammonia (NH3);
for offsets pursuant to 15A NCAC 02D .0531, Sources in Nonattainment Area.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2302 DEFINITIONS
For the purposes of this Section, the following definitions shall apply:
(1) "Air permit" means a construction and operation permit issued pursuant to 15A NCAC 02Q .0300, Construction and Operation Permits, or 15A NCAC 02Q .0500, Title V Procedures.
(2) "Banking" means a system for recording emission reduction credits so that they may be used or transferred in the future.
(3) "Enforceable" means enforceable by the Division. Methods for ensuring that emission reduction credits are enforceable include conditions in air permits issued by the Division.
(4) "Federally designated ozone nonattainment area in North Carolina" means an area designated as nonattainment for ozone and described in 40 CFR 81.334.
(5) "Federally designated fine particulate (PM2.5) nonattainment area in North Carolina" means an area designated as nonattainment for fine particulate (PM2.5) and described in 40 CFR 81.334.
(6) "Netting Demonstration" means the act of calculating a "net emissions increase" pursuant to the preconstruction review requirements of Title I, Part D of the federal Clean Air Act and 15A NCAC 02D .0530, Prevention of Significant Deterioration, or 15A NCAC 02D .0531, Sources in Nonattainment Area.
(7) "Permanent" means assured for the life of the corresponding emission reduction credit through an enforceable mechanism such as a permit condition or revocation.
(8) "Quantifiable" means that the amount, rate, and characteristics of the emission reduction credit can be estimated through a reliable, reproducible method.
(9) "Real" means a reduction in actual emissions emitted into the air.
(10) "Surplus" means not required by any local, State, or federal law, rule, order, or requirement and in excess of reductions used by the Division in issuing any air permit, in excess of any conditions in an air permit to avoid an otherwise applicable requirement, or to demonstrate attainment of ambient air quality standards in 15A NCAC 02D .0400 or reasonable further progress towards achieving attainment of ambient air quality standards. For determining the amount of surplus emission reductions, a seasonal emission limitation or standard shall be assumed to apply throughout the year. The following shall not be considered surplus:
(a) emission reductions that have previously been used to avoid 15A NCAC 02D .0530 or .0531 (new source review) through a netting demonstration;
(b) emission reductions in hazardous air pollutants listed pursuant to Section 112(b) of the federal Clean Air Act to the extent needed to comply with 15A NCAC 02D .1109, .1111, or .1112. However, emission reductions in hazardous air pollutants that are also volatile organic compounds beyond that necessary to comply with 15A NCAC 02D .1109, .1111, or .1112 shall be surplus; or
(c) emission reductions used to offset excess emissions from another source as part of an alternative mix of controls ("bubble") demonstration pursuant to 15A NCAC 02D .0501.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2303 APPLICABILITY AND ELIGIBILITY
(a) Applicability. Any facility that has the potential to emit nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or fine particulate (PM2.5) in amounts greater than 25 tons per year and that is in a federally designated ozone or fine particulate (PM2.5) nonattainment area in North Carolina is eligible to create and bank nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, or fine particulate (PM2.5) emission reduction credits.
(b) Eligibility of emission reductions.
(1) To be approved by the Director as an emission reduction credit, a reduction in emissions shall be real, permanent, quantifiable, enforceable, and surplus and shall have occurred:
(A) for ozone after December 31, 2002 for areas previously designated nonattainment according to the 1997 8-hour ozone standard, including the Charlotte-Gastonia-Rock Hill, NC-SC nonattainment area, the Raleigh-Durham-Chapel Hill nonattainment area, the Rocky Mount nonattainment area, and the Haywood and Swain Counties (Great Smoky Mountains National Park) nonattainment area, and after December 31, 2000 for all other nonattainment areas.
(B) for fine particulate (PM2.5) after December 31, 2002 for the areas previously designated nonattainment according to the 1997 PM2.5 standard, including the former Greensboro-Winston-Salem-High Point, NC and Hickory-Morganton-Lenoir, NC nonattainment areas.
(2) To be eligible for consideration as emission reduction credits, emission reductions may be created by any of the following methods:
(A) installation of control equipment beyond what is necessary to comply with existing rules;
(B) a change in process inputs, formulations, products or product mix, fuels, or raw materials;
(C) a reduction in the actual emission rate;
(D) a reduction in operating hours;
(E) production curtailment or reduction in throughput;
(F) shutdown of emitting sources or facilities; or
(G) any other enforceable method resulting in real, permanent, quantifiable, enforceable, and surplus reduction of emissions.
(c) Ineligible for emission reduction credit. Emission reductions from the following shall not be eligible to be banked as emission reduction credits:
(1) sources covered by a special order or variance until compliance with the emission standards that are the subject of the special order or variance is achieved;
(2) sources that have operated less than 24 months;
(3) emission allocations and allowances used in a federal emissions budget trading program;
(4) emission reductions outside North Carolina; or
(5) mobile sources.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Amended Eff. July 1, 2007;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2304 QUALIFICATION OF EMISSION REDUCTION CREDITS
For purposes of calculating the amount of emission reduction that can be quantified as an emission reduction credit, the following procedures shall be followed:
(1) The source's average actual annual emissions before the emission reduction shall be calculated in tons per year. In calculating average actual annual emissions before the emission reduction, data from the 24-month period immediately preceding the reduction in emissions shall be used. The Director may allow the use of a different time period, not to exceed seven years immediately preceding the reduction in emissions, if the owner or operator of the source documents that such period is more representative of normal source operation.
(2) The emission reduction credit generated by the emission reduction shall be calculated by subtracting the allowable annual emissions rate following the reduction from the average actual annual emissions prior to the reduction.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2305 CREATING AND BANKING EMISSION REDUCTION CREDITS
(a) The owner or operator of a source seeking to create and bank emission reduction credits shall submit, under signature of the responsible official as defined in 15A NCAC 02Q .0303, the following information, which shall be on an application form provided by the Division:
(1) the company name, contact person and telephone number, and street address of the source seeking the emission reduction credit;
(2) a description of the type of source where the proposed emission reduction occurred or will occur;
(3) a detailed description of the method or methods to be employed to create the emission reduction;
(4) the date that the emission reduction occurred or will occur;
(5) quantification of the emission reduction credit as described in 15A NCAC 02D .2304;
(6) a demonstration that the proposed method for ensuring the reductions are permanent and enforceable, including any necessary application to amend the facility's air permit or, for a shutdown of an entire facility, a request for permit rescission;
(7) whether any portion of the reduction in emissions to be used to create the emission reduction credit has previously been used to avoid the requirements of 15A NCAC 02D .0530 Prevention of Significant Deterioration or .0531 Nonattainment Major New Source Review through a netting demonstration;
(8) other information necessary to demonstrate that the reduction in emissions is real, permanent, quantifiable, enforceable, and surplus; and
(9) a complete permit application if the permit needs to be modified to create or enforce the emission reduction credit.
(b) The Director shall issue the source a certificate of emission reduction credit after the facility's permit is modified, if necessary, to reflect the permanent reduction of emissions, if:
(1) all the information required to be submitted by Paragraph (a) of this Rule has been submitted;
(2) the source is eligible pursuant to 15A NCAC 02D .2303; and
(3) the reduction in emissions is real, permanent, quantifiable, enforceable, and surplus.
The Director shall register the emission reduction credit for use only after the reduction has occurred.
(c) Processing schedule.
(1) The Division shall send written acknowledgement of receipt of the request to create and bank emission credits within 10 days of receipt of the request.
(2) The Division shall review requests to create and bank emission credits within 30 days of receipt to determine whether the application is complete. If the application is incomplete the Division shall notify the applicant of the deficiency. The applicant shall have 90 days to submit the requested information. If the applicant fails to provide the requested information within 90 days, the Division shall deny the application.
(3) The Director shall either approve or disapprove the request within 90 days after receipt of a complete application requesting the banking of emission reduction credits. Upon approval the Director shall issue a certificate of emission reduction credit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2306 DURATION OF EMISSION REDUCTION CREDITS
Banked emission reduction credits shall be permanent until withdrawn by the owner or operator, or by the Director pursuant to 15A NCAC 02D .2310.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2307 USE OF EMISSION REDUCTION CREDITS
(a) The owner or operator holding emission reduction credits may withdraw the emission reduction credits and may use them in any manner consistent with this Section.
(b) An emission reduction credit may be withdrawn only by the owner of record or the Director pursuant to 15A NCAC 02D .2310 and may be withdrawn in whole or in part. In the case of a partial withdrawal, the Director shall issue a revised certificate of emission reduction credit to the owner of record reflecting the new amount of the credit and shall revoke the original certificate.
(c) Emission reduction credits may be used for the following purposes:
(1) as offsets or netting demonstrations required by 15A NCAC 02D .0531 for a major new source or a major modification to an existing major source of:
(A) nitrogen oxides or volatile organic compounds in a federally designated ozone nonattainment area, or
(B) fine particulate (PM2.5) in a federally designated PM2.5 nonattainment area; or
(2) to remove a permit condition that created an emission reduction credit.
(d) Emission reduction credits generated through reducing emissions of one pollutant shall not be used for trading with or offsetting another pollutant. For example, emission reduction credits for volatile organic compounds in an ozone nonattainment area shall not be used to offset nitrogen oxide emissions.
(e) Limitations on use of emission reduction credits.
(1) Emission reduction credits shall not be used to exempt a source from:
(A) nonattainment major new source review (15A NCAC 02D .0531), unless the emission reduction credits have been banked by the facility at which the new or modified source is located and have been banked during the period specified in 15A NCAC 02D .0531. This Subparagraph shall not preclude the use of emission reductions not banked as emission credits to complete netting demonstrations;
(B) new source performance standards (15A NCAC 02D .0524), national emission standards for hazardous air pollutants (15A NCAC 02D .1110), or maximum achievable control technology (15A NCAC 02D .1109, .1111, or .1112); or
(C) any other requirement of 15A NCAC 02D unless the emission reduction credits have been banked by the facility at which the new or modified source is located.
(2) Emission reduction credits shall not be used to allow a source to emit above the limit established by a rule in 15A NCAC 02D. If the owner or operator seeks to permit a source to emit above the limit established by a rule in 15A NCAC 02D, he or she shall follow the procedures in 15A NCAC 02D .0501 for an alternative mix of controls ("bubble").
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2308 CERTIFICATES AND REGISTRY
(a) Certificates of emission reduction credit issued by the Director shall contain the following information:
(1) the pollutant reduced (nitrogen oxides, volatile organic compounds, sulfur dioxide, ammonia, fine particulate);
(2) the amount of the credit in tons per year;
(3) the date the reduction occurred;
(4) company name, the street address, and county of the source where the reduction occurred; and
(5) the date of issuance of the certificate.
(b) The Division shall maintain an emission reduction credit registry that constitutes the official record of all certificates of emission reduction credit issued and all withdrawals made. The registry shall be available for public review. For each certificate issued, the registry shall show the amount of the emission reduction credit, the pollutant reduced, the name and location of the facility generating the emission reduction credit, and the facility contact person. The Division shall maintain records of all deposits, deposit applications, withdrawals, and transactions.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2309 TRANSFERRING EMISSION REDUCTION CREDITS
(a) If the owner of a certificate of emission reduction credit transfers the certificate to a new owner, the Director shall issue a certificate of emission reduction credit to the new owner and shall revoke the certificate held by the current owner of record.
(b) If the owner of a certificate of emission reduction credit transfers part of the emission reduction credits represented by the certificate to a new owner, the Director shall issue a certificate of emission reduction credit to the new owner reflecting the transferred amount and shall issue a certificate of emission reduction credit to the current owner of record reflecting the amount of emission reduction credit remaining after the transfer. The Director shall revoke the original certificate of emission reduction credit.
(c) For any transferred emission reduction credits, the creator of the emission reduction credit shall comply with the conditions in the appropriate permit that assure permanency of the emission reduction. The user of any transferred emission reduction credits shall not be held liable for any failure of the creator to comply with its permit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2310 REVOCATION and changes OF EMISSION REDUCTION CREDITS
(a) The Director may withdraw emission reduction credits if the emission reduction credits:
(1) have already been used;
(2) are incorrectly calculated; or
(3) achieved emission reductions that are less than those claimed in the certificate of emission reduction credit.
(b) If a banked emission reduction credit was calculated using an emission factor and the emission factor changes, the Director shall revise the banked emission reduction credit to reflect the change in the emission factor. If a banked emission reduction credit had been used, then no change shall be made in the used credit.
(c) If a rule is adopted or amended in Subchapters 02D or 02Q of this Chapter, the Director shall adjust the banked emission reduction credits to account for changes in emissions that would be allowed by the new emission limitation with which the source must currently comply. If a source has permanently ceased operations, then the Director shall make no adjustments in its banked emissions reduction credits. If a banked emission reduction credit has been used, no change shall be made in the used credit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2311 MONITORING
The owner or operator of a source whose emissions are being reduced to create an emission reduction credit shall verify the reduction in emissions with a source test, continuous emission monitoring, or other methods that measure the actual emissions as defined in 15A NCAC 02Q .0202, or may require the use of parametric monitoring to show that the source or its control device is being operated in the manner that it is designed or is permitted.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.66; 143-215.107(a)(12);
Eff. December 1, 2005;
Readopted Eff. November 1, 2019.
SECTION .2400 – CLEAN AIR INTERSTATE RULES
15A NCAC 02D .2401 PURPOSE AND APPLICABILITY
15A NCAC 02D .2402 DEFINITIONS
15A NCAC 02D .2403 NITROGEN OXIDE EMISSIONS
15A NCAC 02D .2404 SULFUR DIOXIDE
15A NCAC 02D .2405 NITROGEN OXIDE EMISSIONS DURING OZONE SEASON
15A NCAC 02D .2406 PERMITTING
15A NCAC 02D .2407 MONITORING, REPORTING, AND RECORDKEEPING
15A NCAC 02D .2408 TRADING PROGRAM AND BANKING
15A NCAC 02D .2409 DESIGNATED REPRESENTATIVE
15A NCAC 02D .2410 COMPUTATION OF TIME
15A NCAC 02D .2411 OPT-IN PROVISIONS
15A NCAC 02D .2412 NEW UNIT GROWTH
15A NCAC 02D .2413 PERIODIC REVIEW AND REALLOCATIONS
History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-215.107(a)(5),(10); 143-215.108;
Eff. July 1, 2006;
Amended Eff. May 1, 2008;
Expired Eff. February 1, 2016 pursuant to G.S. 150B-21.3A.
section .2500 – mercury rules for electric generators
15A NCAC 02D .2501 PURPOSE AND APPLICABILITY
15A NCAC 02D .2502 DEFINITIONS
15A NCAC 02D .2503 MERCURY EMISSION
15A NCAC 02D .2504 PERMITTING
15A NCAC 02D .2505 MONITORING, REPORTING, AND RECORDKEEPING
15A NCAC 02D .2506 DESIGNATED REPRESENTATIVE
15A NCAC 02D .2507 COMPUTATION OF TIME
15A NCAC 02D .2508 NEW SOURCE GROWTH
15A NCAC 02D .2509 PERIODIC REVIEW AND REALLOCATIONS
15A NCAC 02D .2510 TRADING PROGRAM AND BANKING
15A NCAC 02D .2511 MERCURY EMISSION LIMITS
History Note: Authority G.S. 143-215.3(a); 143-215.65; 143-215.66; 143-215.107(a)(5),(10); 143-215.107D; 143-215.108;
Eff. January 1, 2007;
Expired Eff. February 1, 2016 pursuant to G.S. 150B-23.3A.
SECTION .2600 - SOURCE TESTING
15A NCAC 02D .2601 PURPOSE AND SCOPE
(a) The purpose of this Section is to assure consistent application of testing methods and methodologies to demonstrate compliance with emission standards.
(b) This Section shall apply to all air pollution sources.
(c) Emission compliance testing shall comply with the procedures of this Section, except as otherwise required by:
(1) 40 CFR Part 60, New Source Performance Standards in 15A NCAC 02D .0524;
(2) 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants in 15A NCAC 02D .1110; or
(3) 40 CFR Part 63, Maximum Achievable Control Technology requirements in 15A NCAC 02D .1111.
(d) Applicable source test audit requirements shall comply with the procedures specified in 40 CFR 60.8, 40 CFR 61.13, or 40 CFR 63.7.
(e) Test methods other than those specified in this Section may be used pursuant to15A NCAC 02D .2602(h)(3). Requests for the use of alternative test methods shall be submitted to the Director at least 45 days prior to testing.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2602 GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES
(a) The owner or operator of a source shall perform all required tests at his or her own expense.
(b) The owner or operator of an air pollution source shall arrange for air emission testing protocols to be provided to the Director prior to air pollution testing. The testing protocol, using the requirements in 15A NCAC 02D .2603, shall not be required to be pre-approved by the Director prior to air pollution testing. If requested by the owner or operator at least 45 days before conducting the test, the Director shall review air emission testing protocols for pre-approval prior to testing.
(c) Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify the Director at least 15 days before beginning the test.
(d) The owner and operator of the source shall provide:
(1) sampling ports, pipes, lines, or appurtenances for the collection of samples and data required by the test procedure;
(2) scaffolding and safe access to the sample and data collection locations in compliance with Occupational Safety and Health Administration regulations; and
(3) light, electricity, and other utilities required for sample and data collection.
(e) The owner or operator of the source shall arrange for controlling and measuring the production rates during the period of air testing. The owner or operator of the source shall ensure that the equipment or process being tested is operated at a production rate that meets the purpose of the test. The individual conducting the emission test shall describe the procedures used to obtain accurate process data and include in the test report the average production rates determined during each testing period.
(f) The final air emission test report shall be submitted to the Director no later than 30 days following sample collection.
(1) The final test report shall include a signed statement by the responsible official, as defined in 15A NCAC 02Q .0303, indicating the compliance or noncompliance of the stack test results with the applicable emission standards.
(2) The results of the tests shall be expressed in the same units as the emission limits given in the corresponding compliance rule, unless otherwise specified in the applicable permit or pre-approved air emissions testing protocol.
(3) The final test report shall describe the training and air testing experience of the person directing the test.
(4) The owner or operator may request an extension of time in which to submit the final test report. The Director shall approve an extension request if he or she finds the cause of the delay was unforeseeable and beyond the control of the owner or operator.
(g) Within 15 days of submission of a test report signifying noncompliance, the owner, operator, or responsible official shall submit to the Director a written plan that includes:
(1) interim actions to minimize emissions pending demonstration of compliance;
(2) corrective actions in place or proposed to return the source to compliance;
(3) a proposed date for the compliance retest; and
(4) changes necessary to update the site-specific test plan prior to a retest.
(h) The Director shall make the final determination regarding a testing procedure deviation and the validity of the compliance test. The Director shall:
(1) allow deviations from a method specified in a rule in this Section if the owner or operator of the tested source demonstrates that the deviation is appropriate.
(2) prescribe alternate test procedures on an individual basis if the alternative method is necessary to secure more reliable test data.
(3) prescribe or approve methods on an individual basis for sources or pollutants for which no test method is specified in this Section if the methods can be demonstrated to determine compliance of permitted emission sources or pollutants.
(i) The Director shall authorize the Division of Air Quality to conduct independent tests of any source subject to a rule in this Subchapter if necessary to determine the compliance status of that source or to verify test data submitted relating to that source. Test results obtained by the Division of Air Quality using the appropriate testing procedures described in this Section shall be presumed accurate despite differing results from any other test.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. July 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2603 TESTING PROTOCOL
(a) Testing protocols shall include:
(1) the facility and testing company contact information, including a mailing address, email, and phone number;
(2) the air permit number and revision including permitted source name and ID number;
(3) an introduction explaining the purpose of the proposed test, including identifying the regulations and permit requirements for which compliance is being demonstrated and the allowable emission limits;
(4) a description of the facility and the source to be tested;
(5) a description of the test procedures, including sampling equipment, analytical procedures, sampling locations, reporting and data reduction requirements, and internal quality assurance and quality control activities;
(6) source test audit requirements applicable to the proposed test methods;
(7) all modifications made to the test methods referenced in the protocol;
(8) the permitted maximum process rate, maximum normal operation process rate, and the proposed target process rate during testing;
(9) a description of how production or process data will be documented during testing; and
(10) the proposed test schedule.
(b) The tester shall not deviate from the protocol or test plan unless the owner or operator documents the deviation in the test report.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. July 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2604 NUMBER OF TEST POINTS
(a) Method 1 of Appendix A to 40 CFR Part 60 shall be used to select a suitable site and the appropriate number of test points for the following situations:
(1) particulate testing;
(2) volatile organic compounds testing;
(3) velocity and volume flow rate measurements;
(4) testing for acid mist or other pollutants occurring in liquid droplet form;
(5) sampling for which velocity and volume flow rate measurements are necessary for computing final test results; or
(6) isokinetic sampling.
(b) Method 1 of Appendix A to 40 CFR Part 60 shall be used as written with the following clarifications:
(1) Testing installations with multiple ducts may be accomplished by testing the discharge stacks to which the ducts exhaust. If the multiple ducts are individually tested, then Method 1 shall be applied to each duct individually.
(2) If test ports in a duct are less than two diameters downstream or less than one-half diameter upstream from any disturbance, such as a fan, elbow, change in diameter, or other physical feature disturbing the gas flow, the acceptability of the test location shall be determined by the Director before the test and after a review of technical and economic factors.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2605 VELOCITY AND VOLUME FLOW RATE
Method 2 of Appendix A to 40 CFR Part 60 shall be applied as written and used concurrently with any test method requiring velocity and volume flow rate measurements.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2606 MOLECULAR WEIGHT
(a) Except as allowed by Paragraph (b) of this Rule, Method 3 of Appendix A to 40 CFR Part 60 shall be applied as written and used concurrently with any test method if necessary to determine the molecular weight of the gas being sampled by determining the fraction of carbon dioxide, oxygen, carbon monoxide, and nitrogen.
(b) The grab sample technique may be substituted using instruments such as Bacharach Fyrite™, with the following restrictions:
(1) Instruments such as the Bacharach Fyrite™ shall only be used for the measurement of carbon dioxide.
(2) Gas samples shall be taken during the emission test run to account for variations in the carbon dioxide concentration. At least four samples shall be taken during a one-hour test run.
(3) The total concentration of gases other than carbon dioxide, oxygen, and nitrogen shall be less than one percent.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2607 determination of moisture content
Method 4 of Appendix A to 40 CFR Part 60 shall be applied as written and used concurrently with any test method requiring determination of gas moisture content.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2608 NUMBER OF RUNS AND COMPLIANCE DETERMINATION
Each test, excluding fuel sample tests, shall consist of three consecutive runs of the applicable test method at the same operating condition. If other operating conditions or scenarios are to be tested, then three consecutive runs shall be performed for each of these operating conditions or scenarios. For determining compliance with an applicable emission standard, the average of the results of all repetitions shall apply. On a case-by-case basis, compliance may be determined using the arithmetic average of two run results if the Director determines that an unavoidable and unforeseeable event happened beyond the owner's, operator's, or tester's control and that a third run could not be completed.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019;
Amended Eff. October 1, 2022.
15A NCAC 02D .2609 PARTICULATE TESTING METHODS
(a) Except as allowed by Paragraph (b) of this Rule, Method 5 of Appendix A to 40 CFR Part 60 and Method 202 of Appendix M to 40 CFR Part 51 shall be used to demonstrate compliance with particulate emission standards. The owner or operator may request an exemption from using Method 202 and the Director shall approve the exemption if the Director determines the demonstration of compliance with an applicable emission standard is unlikely to change with or without the Method 202 results included.
(b) Method 17 of Appendix A to 40 CFR Part 60 may be used instead of Method 5 if:
(1) the stack gas temperature does not exceed 320º F;
(2) particulate matter concentrations are known to be independent of temperature over the normal range of temperatures characteristic of emissions from a specified source category; and
(3) the stack does not contain liquid droplets or is not saturated with water vapor.
(c) Particulate testing on steam generators that use soot blowing as a routine means for cleaning heat transfer surfaces shall be conducted so the contribution of the soot blowing is represented as follows:
(1) If the soot blowing periods are expected to represent less than 50 percent of the total particulate emissions, only one of the test runs shall include a soot blowing cycle.
(2) If the soot blowing periods are expected to represent more than 50 percent of the total particulate emissions, two of the test runs shall each include a soot blowing cycle. No more than two of the three test runs shall include soot blowing.
(3) The average emission rate of particulate matter for steam generators that use soot blowing shall be calculated by the equation:
EAVG = (S * ES)[(A + B)/(A * R)] + EN[((R – S)/R) – (B * S)/(A * R)]
where:
EAVG = the average emission rate in pounds per million Btu for daily operating time;
ES = the average emission rate in pounds per million Btu during soot blowing runs;
EN = the average emission rate in pounds per million Btu during non-soot blowing runs;
A = number of hours of soot blowing during soot blowing runs;
B = number of hours without soot blowing during soot blowing runs;
R = average number of hours of operation per 24 hours; and
S = average number of hours of soot blowing per 24 hours.
(4) The Director may approve an alternate method of prorating the emission rate during soot blowing if the owner or operator of the source demonstrates that changes in boiler load or stack flow occurred during soot blowing that are not representative of normal soot blowing operations.
(d) Unless otherwise specified by an applicable rule or federal subpart, the minimum time per test point for particulate testing shall be two minutes and the minimum time per test run shall be one hour.
(e) Unless otherwise specified by an applicable rule or federal subpart, the sample gas drawn during each test run shall be at least 30 dry standard cubic feet.
(f) Method 201 in combination with Method 202 of Appendix M to 40 CFR Part 51 or Method 201A in combination with Method 202 of Appendix M to 40 CFR Part 51 shall be used to determine compliance with PM2.5 or PM10 emission standards. If the exhaust gas contains entrained moisture droplets, Method 5 of Appendix A of 40 CFR Part 60 in combination with Method 202 of Appendix M to 40 CFR Part 51 shall be used to determine PM2.5 or PM10 emission compliance.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2610 OPACITY
(a) Method 9 of Appendix A to 40 CFR Part 60 shall be used to show compliance with opacity standards if opacity is determined by visual observation.
(b) Method 22 of Appendix A to 40 CFR Part 60 shall be used to determine compliance with opacity standards if these standards are based upon the frequency of fugitive emissions that are visible during the observation period specified in the applicable rule or by permit condition.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2611 SULFUR DIOXIDE TESTING METHODS
(a) If compliance with a sulfur dioxide emission standard is to be demonstrated for a combustion source through stack sampling, the procedures described in Method 6 or Method 6C to Appendix A of 40 CFR Part 60 shall be used as follows:
(1) If Method 6 of Appendix A to 40 CFR Part 60 is used to determine compliance, compliance shall be determined by averaging six 20-minute runs without more than 20 minutes elapsing between any two consecutive runs.
(2) If Method 6C of Appendix A to 40 CFR Part 60 is used to determine compliance, the sampling shall be performed continuously during each run.
(b) Method 8 of Appendix A to 40 CFR Part 60 shall be used to determine compliance with emission standards for sulfuric acid manufacturing plants governed by 15A NCAC 02D .0517 and spodumene ore roasting plants governed by 15A NCAC 02D .0527. Compliance shall be determined by averaging emissions measured from three one-hour test runs, unless otherwise specified in the applicable rule or federal subpart.
(c) For stationary gas turbines, Method 20 of Appendix A to 40 CFR Part 60 shall be used to demonstrate compliance with applicable sulfur dioxide emissions standards.
(d) Fuel burning sources not required to use continuous emissions monitoring to demonstrate compliance with sulfur dioxide emission standards may determine compliance with sulfur dioxide emission standards by stack sampling or by analyzing sulfur content of the fuel.
(e) For a combustion source demonstrating compliance with the sulfur dioxide emission standards by analysis of sulfur in fuel, the sampling, preparation, and analysis of fuels shall be according to the following American Society of Testing and Materials (ASTM) methods. The Director shall approve ASTM methods different from those described in this Paragraph if they will provide equivalent results. The Director shall prescribe alternate ASTM methods on an individual basis if that action is necessary to secure reliable test data.
(1) For coal sampling, the following methods shall be used:
(A) Sampling Location. Coal shall be collected from a location in the handling or processing system that provides a sample representative of the fuel bunkered or burned during a boiler-operating day. For the purpose of this method, a "fuel lot size" is defined as the weight of coal bunkered or consumed during each boiler-operating day. For reporting and calculation purposes, the gross sample shall be identified with the calendar day on which sampling began. The Director shall approve alternate definitions of fuel lot sizes if the alternative will provide a more representative sample.
(B) Sample Increment Collection. A coal sampling procedure shall be used that meets the requirements of ASTM D2234 Type I, condition A, B, and C, and systematic spacing for collection of sample increments. All requirements and restrictions regarding increment distribution and sampling device constraints shall be observed.
(C) Gross Samples. ASTM D2234 8.1.1.2 Table 2 shall be used except as provided in 8.1.1.5 to determine the number and weight of increments from a composite or gross sample.
(D) Preparation. ASTM D2013 shall be used for sample preparation from a composite or gross sample.
(E) Gross Caloric Value (GCV). ASTM D5865 shall be used to determine GCV on a dry basis from a composite or gross sample.
(F) Moisture Content. ASTM D3173 shall be used to determine moisture from a composite or gross sample.
(G) Sulfur Content. ASTM D4239 shall be used to determine the percent sulfur on a dry basis from a composite or gross sample.
(2) For fuel oil sampling, the following methods shall be used:
(A) Sample Collection. A sample shall be collected at the pipeline inlet to the fuel-burning unit after sufficient fuel has been drained from the line to remove all fuel that may have been standing in the line.
(B) Heat of Combustion. ASTM Method D240 or D4809 shall be used to determine the heat of combustion. The BTU content of the fuel shall be reported on a dry basis.
(C) Sulfur Content. ASTM Method D129 or D1552 shall be used to determine the sulfur content. The sulfur content of the fuel shall be reported on a dry basis.
(f) If the test methods described in Subparagraph (e)(1) or (e)(2) of this Rule are used to demonstrate that the ambient air quality standards for sulfur dioxide set forth in 15A NCAC 02D .0402 are not exceeded, the sulfur content shall be determined at least once per year from a composite of:
(1) at least three samples over a three-hour period for sources that are most likely to exceed the maximum three-hour ambient standard; or
(2) at least 24 samples over a 24-hour period for sources that are most likely to exceed the maximum 24-hour ambient standard.
This Paragraph shall not apply to sources that are only using fuel analysis in place of continuous monitoring to meet the requirements of 15A NCAC 02D .0600.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2612 NITROGEN OXIDE TESTING METHODS
(a) Combustion sources not required to use continuous emissions monitoring to demonstrate compliance with nitrogen oxide emission standards shall demonstrate compliance with nitrogen oxide emission standards using Method 7 or Method 7E of Appendix A to 40 CFR Part 60.
(b) Method 20 of Appendix A to 40 CFR Part 60 shall be used to demonstrate compliance with nitrogen oxide emissions standards for stationary gas turbines.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2613 VOLATILE ORGANIC COMPOUND TESTING METHODS
(a) For surface coating material, such as paint, varnish, stain, and lacquer, the volatile matter content, water content, density, volume of solids, and weight of solids shall be determined by Method 24 of Appendix A to 40 CFR Part 60.
(b) For printing inks and related coatings, the volatile matter and density shall be determined by Method 24A of Appendix A to 40 CFR Part 60.
(c) For solvent metal cleaning equipment as defined in 15A NCAC 02D .0930, the following procedure shall be followed to perform a material balance test:
(1) clean the degreaser sump before testing;
(2) record the amount of solvent added to the tank with a flow meter;
(3) record the weight and type of workload degreased each day;
(4) at the end of the test run, pump out the used solvent and measure the amount with a flow meter. In addition, estimate the volume of metal chips and other material remaining in the emptied sump;
(5) bottle a sample of the used solvent and analyze it to find the percent that is oil and other contaminants. The oil and solvent proportions may be estimated by weighing samples of used solvent before and after boiling off the solvent; and
(6) compute the volume of oils in the used solvent. The volume of solvent displaced by this oil plus the volume of makeup solvent added during operations equals the solvent emissions.
(d) For bulk gasoline terminals as defined in 15A NCAC 02D .0927, emissions of volatile organic compounds shall be determined by the procedures in 40 CFR 60.503.
(e) For organic process equipment, leaks of volatile organic compounds shall be determined by Method 21 of Appendix A to 40 CFR Part 60. Organic process equipment shall include valves, flanges and other connections, pumps and compressors, pressure relief devices, process drains, open-ended valves, pump and compressor seal system degassing vents, accumulator vessel vents, access door seals, and agitator seals.
(f) For determination of solvent in filter waste, such as muck and distillation waste, in accordance with 15A NCAC 02D .0912, the tester shall derive the quantity of volatile organic compounds per quantity of discarded filter muck. The procedure to be used in making this determination shall be the test method "Standard Method of Test for Dilution of Gasoline-Engine Crankcase Oils," ASTM D322 except the filter muck is to be used instead of crankcase oil.
(g) For sources of volatile organic compounds not covered by the methods specified in Paragraphs (b) through (e) of this Rule, one of the applicable test methods in Appendix M to 40 CFR Part 51 or Appendix A to 40 CFR Part 60 shall be used to determine compliance with volatile organic compound emission standards.
(h) Compounds excluded from the definition of volatile organic compound in 15A NCAC 02D .0901 shall be treated as water.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2614 DETERMINATION OF VOC EMISSION CONTROL SYSTEM EFFICIENCY
(a) This Rule shall apply to any test method used to determine the capture or control efficiency of any device or system designed, installed, and operated for the purpose of reducing volatile organic compound emissions.
(b) The control efficiency of volatile organic compound emission control systems shall be determined using the following procedures:
(1) The volatile organic compound containing material shall be sampled and analyzed using the procedures set forth in this Section.
(2) Samples of the gas stream containing volatile organic compounds shall be taken simultaneously at the inlet and outlet of the emissions control device.
(3) The efficiency of the control device shall be expressed as a percent of the total combustible carbon content reduction achieved.
(c) The volatile organic compound mass emission rate shall be the sum of emissions from the control device and the emissions not collected by the capture system.
(d) Capture efficiency shall be determined using the EPA recommended capture efficiency protocols and test methods described in the EPA document, EMTIC GD-035, "Guidelines for Determining Capture Efficiency." This document is hereby incorporated by reference including subsequent amendments or editions. A copy of the referenced materials may be obtained free of charge via the Internet from the EPA TTN website at .
History Note: Authority G.S. 143-215.3(a)(1); 143-215.68; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2615 DETERMINATION OF LEAK TIGHTNESS AND VAPOR LEAKS
(a) Leak Detection Procedures. One of the following test methods from the EPA document "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection System," EPA-450/2-78-051, published by the U.S. Environmental Protection Agency, December 1978, shall be used to determine compliance with 15A NCAC 02D .0932, Gasoline Cargo Tanks And Vapor Collector Systems:
(1) The gasoline vapor leak detection procedure by combustible gas detector described in Appendix B to EPA-450/2-78-051 shall be used to determine leakage from gasoline cargo tanks and vapor control systems.
(2) The leak detection procedure for bottom-loaded cargo tanks by bag capture method described in Appendix C to EPA-450/2-78-051 shall be used to determine the leak tightness of cargo tanks during bottom loading.
(b) Annual Testing. The pressure-vacuum test procedures for leak tightness of cargo tanks described in Method 27 of Appendix A to 40 CFR Part 60 or 49 CFR 180.407 shall be used to determine the leak tightness of gasoline cargo tanks in use and equipped with vapor collection equipment. Method 27 of Appendix A to 40 CFR Part 60 is changed for fugitive emissions leak prevention to read:
(1) 8.2.1.2 "Connect static electrical ground connections to tank."
(2) 8.2.1.3 "Attach test coupling to vapor return line."
(3) 16.0 No alternative procedure is applicable.
(c) Copies of Appendix B and C of the EPA document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection System," EPA-450/2-78-051, cited in this Rule, are hereby incorporated with subsequent amendments and editions by reference and are available on the Division's website at .
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. October 1, 2020.
15A NCAC 02D .2616 FLUORIDES
The procedures for determining compliance with fluoride emissions standards shall be completed using:
(1) Method 13A or 13B of Appendix A to 40 CFR Part 60 for determining total fluoride emissions from stacks;
(2) Method 14 of Appendix A to 40 CFR Part 60 for determining total fluoride emissions from roof monitors not employing stacks or pollutant collection systems; or
(3) Method 26 or Method 26A of Appendix A to 40 CFR Part 60 for determining hydrogen halide and halogen emissions.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2617 TOTAL REDUCED SULFUR
(a) Method 16 of Appendix A to 40 CFR Part 60 or Method 16A of Appendix A to 40 CFR Part 60 shall be used to determine emission rates and compliance with total reduced sulfur emission standards.
(b) Method 15 of Appendix A to 40 CFR Part 60 may be used as an alternative method to determine total reduced sulfur emissions from tail gas control units of sulfur recovery plants, hydrogen sulfide in fuel gas for fuel gas combustion devices, and if specified in other applicable federal subparts.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2618 MERCURY
The procedures for determining compliance with mercury emission standards shall be performed using one of the following methods:
(1) Method 29 of Appendix A to 40 CFR Part 60;
(2) Method 30A of Appendix A to 40 CFR Part 60;
(3) Method 30B of Appendix A to 40 CFR Part 60;
(4) Method 101 of Appendix B to 40 CFR Part 61;
(5) Method 101A of Appendix B to 40 CFR Part 61; or
(6) Method 102 of Appendix B to 40 CFR Part 61.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2619 ARSENIC, BERYLLIUM, CADMIUM, HEXAVALENT CHROMIUM
(a) Method 29 of Appendix A to 40 CFR Part 60 shall be used to show compliance for arsenic, beryllium, cadmium, and hexavalent chromium metals emission standards.
(b) SW-846 Test Method 3060 shall be used to differentiate hexavalent chromium from total chromium. EPA publication SW-846, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," is incorporated by reference including subsequent amendments or editions. A copy of chapters, methods, and supporting documents for SW-846 may be obtained free of charge via the Internet from the EPA website at .
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2620 DIOXINS AND FURANS
Method 23 of Appendix A to 40 CFR Part 60 shall be used to determine emission rates and compliance with polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans emission standards.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
15A NCAC 02D .2621 DETERMINATION OF POLLUTANT EMISSIONS USING the F FACTOR
(a) Emissions for wood or fuel burning sources expressed in units of pounds per million Btu shall be determined by the "Oxygen-Based F Factor Procedure" described in Section 12.2.1 of Method 19 of Appendix A to 40 CFR Part 60. Other procedures described in Method 19 may be used if appropriate.
(b) A continuous oxygen (O2) or carbon dioxide (CO2) analyzer meeting the requirements of Method 3A of Appendix A to 40 CFR Part 60 may be used if the average of all values during the run are used to determine the average O2 or CO2 concentrations.
(c) If the continuous monitor method in Paragraph (b) of this Rule is not used, an integrated bag sample shall be taken for the duration of each test run. For simultaneous testing of multiple ducts, there shall be a separate bag sample for each sampling train. Each bag sample shall be analyzed with an Orsat analyzer by Method 3 of Appendix A to 40 CFR Part 60. The specifications stated in Method 3 for the construction and operation of the bag sampling apparatus shall be followed.
(d) The Director shall review the use of alternative methods according to 15A NCAC 02D .2601(e) and shall approve them if they meet the requirements of Method 3 of Appendix A to 40 CFR Part 60.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);
Eff. June 1, 2008;
Readopted Eff. November 1, 2019.
SUBCHAPTER 2E - WATER USE REGISTRATION AND ALLOCATION
SECTION .0100 - GENERAL PROVISIONS
15A NCAC 02E .0101 AUTHORITY
History Note: Authority G.S. 143-215.12; 143-215.14;
Eff. February 1, 1976;
Repealed Eff. March 1, 1985.
15A NCAC 02E .0102 PURPOSE
15A NCAC 02E .0103 SCOPE
History Note: Authority G.S. 143-215.12; 143-215.14;
Eff. February 1, 1976;
Repealed Eff. August 1, 2002.
15A NCAC 02E .0104 WATER MANAGEMENT MEASURES
History Note: Authority G.S. 143-215.14;
Eff. February 1, 1976;
Repealed Eff. March 1, 1985.
15A NCAC 02E .0105 WATER WITHDRAWAL AND USE IN YADKIN RIVER BASIN
History Note: Authority G.S. 143-215.13; 143-215.20; 143-215.3(a)(1);
Eff. February 17, 1977;
Amended Eff. January 1, 1979;
Repealed Eff. March 1, 1985.
15A NCAC 02E .0106 DEFINITIONS
In addition to the definitions set forth in G.S. 143-215.21, the following definitions shall apply to this Subchapter:
(1) "Director" means the Director of the Division of Water Resources.
(2) "Division" means the Division of Water Resources.
History Note: Authority G.S. 87-87; 143-215.14; 143-215.21;
Eff. March 1, 1985;
Amended Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0107 DELEGATION
(a) The Director is delegated the authority to grant, modify, revoke or deny permits under G.S. 143-215.15 and G.S. 143-215.16.
(b) The Director may delegate any permitting function given by the Rules of this Subchapter.
(c) The Director is delegated the authority to assess civil penalties and request the Attorney General to institute civil actions under G.S. 143-215.17.
(d) The Director is delegated the authority to process applications and collect fees for registration of water withdrawals and transfers under G.S. 143-215.22H and G.S. 143- 215.3(a)(1b).
(e) The Director may delegate any water withdrawal or transfer registration processing functions given by the Rules of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. March 1, 1985;
Temporary Amendment Eff. October 14, 1991 for a Period of 180 Days to Expire on April 11, 1992;
Amended Eff. August 1, 2002; September 1, 1994; April 1, 1992;
Readopted Eff. January 1, 2022.
SECTION .0200 – CAPACITY USE AREA NO. 1
15A NCAC 02E .0201 DECLARATION AND DELINEATION OF CAPACITY USE AREA NO. 1
15A NCAC 02E .0202 PERSONS WITHDRAWING GROUNDWATER IN CAPACITY USE AREAS
History Note: Authority G.S. 143-215.13; 143-215.14; 143-215.15;
Eff. February 1, 1976;
Amended Eff. March 1, 1985;
Repealed Eff. August 1, 2002.
15A NCAC 02E .0203 WITHDRAWALS BETWEEN 10,000 G.P.D. AND ONE MILLION G.P.D.
15A NCAC 02E .0204 PERSONS WITHDRAWING ONE MILLION G.P.D.
History Note: Authority G.S. 143-215.1; 143-215.14; 143-215.15;
Eff. February 1, 1976;
Amended Eff. January 1, 1979; November 1, 1978;
Repealed Eff. March 1, 1985.
15A ncac 02e .0205 ACTIVITIES
History Note: Authority G.S. 143-215.14; 143-215.20;
Eff. February 1, 1976;
Repealed Eff. August 1, 2002.
15A NCAC 02E .0206 NONCONSUMPTIVE USE PERMITS
15A NCAC 02E .0207 CONFIDENTIAL INFORMATION
15A NCAC 02E .0208 SEVERABILITY
History Note: Authority G.S. 143-215.14; 143-215.15;
Eff. February 1, 1976;
Repealed Eff. March 1, 1985.
SECTION .0300 - REGISTRATION OF WATER WITHDRAWALS AND TRANSFERS
15A NCAC 02E .0301 APPLICATION; PROCESSING FEES
(a) Any person subject to G.S. 143-215.22H, shall complete, sign, and submit an application for registration, on a form provided by the Department, to the Director of the Division of Water Resources. The registration application and registration processing fee as set forth in Paragraph (b) of this Rule shall be mailed to the Division of Water Resources, North Carolina Department of Environmental Quality. The mailing address shall be provided by Division of Water Resources.
(b) Except as otherwise provided in this Rule, a non-refundable registration processing fee in the amount of fifty dollars ($50.00) shall be paid when the registration application form is submitted.
(1) No registration application form is complete until the registration processing fee is paid.
(2) The penalty pursuant to G.S. 143-215.22H(e) shall stop accruing on the date of receipt of the completed registration application by the Division of Water Resources.
(3) Payment of the registration processing fee may be by check or money order made payable to the "N.C. Department of Environmental Quality." The check or money order shall refer to the water withdrawal or transfer registration application.
(c) Except as otherwise provided in this Rule, upon receipt of a completed application form and the registration processing fee, the applicant shall be issued a receipt of registration.
(d) Pursuant to G.S. 143-215.3(a)(la), and G.S. 143-215.22H, no fees, including late registration fees for failing to register or update registrations in a timely manner, are required to be paid under this Rule by a farmer whose activities are directly related or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy products, livestock, poultry, and other agricultural products, or to the creation or maintenance of waterfowl impoundments.
History Note: Authority G.S. 143-215.3(a)(1a); 143-215.3(a)(1b); 143-215.22H ;
Temporary Rule Eff. October 14, 1991 for a Period of 180 Days to Expire on April 11, 1992;
Eff. April 1, 1992;
Amended Eff. September 1, 1994;
Readopted Eff. January 1, 2022.
SECTION .0400 - REGULATION OF SURFACE WATER TRANSFER
15A NCAC 02E .0401 PURPOSE
The purpose of the rules in this Section is to implement the provisions of G.S. 143-215.22L.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. September 1, 1994;
Readopted Eff. March 1, 2023.
15A NCAC 02E .0402 DEFINITIONS
The following definitions apply to this Section.
(1) "Co-applicant" means an entity other than the primary applicant identified on an Interbasin Transfer Certificate, issued after 30 June 1993, as being eligible to send or receive transferred water, often purchased from the primary applicant. A co-applicant is subject to all the terms, conditions, limitations, benefits, and entitlements applicable to the primary applicant.
(2) "Commission" means the Environmental Management Commission.
(3) "Department" means the North Carolina Department of Environmental Quality.
(4) "Division" means the Division of Water Resources.
(5) "Emergency transfer" means a temporary transfer of surface water meeting the requirements of, and satisfying water demand needs, defined in G.S. 143-215.22L(q), for situations in which the public health, safety, or welfare requires a transfer of water between river basins as defined in G.S. 143-215.22G(1b).
(6) "Interbasin Transfer Certificate" or "IBT Certificate" means an authorization issued by the Commission to transfer up to a specified amount of water between two river basins as defined in G.S. 143-215.22G(1b).
(7) "Large community water system" means a community water system, as defined in G.S. 130A-313(10), that regularly serves 1,000 or more service connections or 3,000 or more individuals.
(8) "Major river basin" means the combination of the river basins, as defined in G.S .143-215.22G(1b), sharing the numerical digits preceding the hyphen.
(9) "Preexisting transfer capacity" means the existing water system transfer capacity prior to 1 July 1993, as defined in G.S. 143-215.22L(b). The transfer capacity of a water system is limited by its most restrictive system element: potable water capacity, maximum transfer capacity of distribution system, or discharge capacity in receiving basin.
(a) Potable water (treatment and/or purchase) capacity is the sum of all surface water inputs to the system, including water treatment plant capacity and regular surface water contracts.
(b) Maximum transfer capacity of the distribution network is the calculation of the physical ability of the distribution system to transmit water across a basin boundary, based on pipe sizing or pump systems.
(c) Discharge capacity in the receiving basin is a combination of wastewater discharges and consumptive losses.
(10) "Primary applicant" means the entity who owns an existing or planned water line used to transmit raw or finished water from one river basin to another, as defined in G.S. 143-215.22G(1b). For water systems that involve crossing multiple river basin boundaries, the primary applicant represents the transfer pipe owner where the first river basin boundary crossing occurs.
History Note: Authority G.S 143-215.22L; 143B-282(a)(2);
Eff. September 1, 1994;
Readopted Eff. March 1, 2023.
15A NCAC 02E .0403 APPLICABILITY
(a) The amount of a transfer shall be calculated as a net total, determined by the amount of surface water moved from the source river basin to the receiving basin, minus any water returned to the source river basin.
(b) Notwithstanding the definition of "river basin" in G.S. 143-215.22G, the following are not transfers that require issuance of an IBT Certificate:
(1) The discharge point is situated upstream of the withdrawal point such that the water discharged will naturally flow past the withdrawal point.
(2) The discharge point is situated downstream of the withdrawal point such that water flowing past the withdrawal point will naturally flow past the discharge point.
(3) The withdrawal and discharge points are located in the same water impoundment.
(c) The withdrawal of surface water from one river basin by one entity and the transmission of all or any part of this water between river basins by one or more entities, resulting in a discharge to another river basin, shall be considered a transfer. The entity owning the pipe or other conveyance that carries the surface water across the basin boundary shall be responsible for obtaining an IBT Certificate from the Commission. Another entity involved in the transfer may assume responsibility for obtaining the IBT Certificate, with approval by the Department.
(d) The full capacity of a facility to transfer water shall be determined by the facility's potable water treatment capacity, maximum transfer capacity of distribution system, or discharge capacity in the receiving basin, limited by the element of this system with the least capacity as existing or under construction on 1 July 1993. Existing conveyances and infrastructure for basin transfers in place before 1 July 1993 are deemed a preexisting transfer capacity per G.S. 143-215.22L(b).
(e) To calculate a preexisting transfer capacity the applicant shall provide data regarding the movement of water within and outside of the water system distribution system. The applicant shall provide to the Department a current and projected water balance that includes:
(1) the total withdrawal from the surface water source;
(2) the treatment capacities;
(3) the consumptive losses, meaning water withdrawn from a stream, reservoir, river, or other surface water source for any use which is not directly returned to a waterbody, for both the source and receiving river basins;
(4) the treated wastewater discharges in both the source and receiving river basins;
(5) the total return to the source river basin; and
(6) the total surface water transfer.
The applicant shall provide this information for the current or baseline year and projected data for a minimum of 30-years into the future in no less than 10-year intervals. Water balances are to be conducted on an annual average day basis and a maximum-month average day basis. The applicant may use the Preexisting Transfer Capacity Worksheet as a guide to complete the required information to help calculate and document a system's transfer capacity. A copy of the Preexisting Transfer Capacity Worksheet can be obtained free of charge from the Water Supply Planning Branch, located in the Archdale Building at 512 N. Salisbury Street, Raleigh, NC 27604.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0404 NOTIFICATION
(a) As used in G.S. 143-215.22L(c)(3)(c), notification of the "governing body of any public water system" refers to public water systems that use surface water as their source rather than groundwater. The governing body may be located in a state adjoining North Carolina that is located in whole or in part of the surface drainage basin area of the source river basin.
(b) Notice shall be provided to all persons who hold a National Pollutant Discharge Elimination System (NPDES) wastewater discharge permit for 100,000 gallons per day or more for a discharge located within the area denoted by one of the eight-digit cataloging units listed in G.S. 143-215.22L(c)(2)(b) in which the withdrawal or discharge will occur.
(c) Comments submitted pursuant to G.S. 143-215.22L(c), (e), and (j) that are received after the 30-calendar day comment period shall not be considered in making determinations unless the Department extends the comment period.
(d) Notification is to be printed in a single newspaper of general circulation, as defined in G.S. 1-597, for each county in which notification is required as defined in G.S. 143-215.22L(c)(2)(b).
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0405 ENVIRONMENTAL DOCUMENTS
(a) An evaluation of beneficial and adverse impacts pursuant to G.S. 143-215.22L(d) shall include, but not be limited to, the results of an approved basinwide hydrologic model specified in G.S. 143-355(o), if available. The Applicant is responsible for any necessary model modifications, scenario development, and analysis of results. All model modifications and scenarios must be approved by the Department. All basinwide models used and the corresponding modeling results shall be made publicly available.
(b) For purposes of this Rule, an alternative is considered economically infeasible if the demonstrated financial costs exceed the applicants' ability to cover the cost of the alternative over the span of the planning horizon.
(c) The required environmental document shall include projections of future water supply, transfers, and demands with a planning horizon of at least 30-years. The baseline year for the planning horizon shall be determined based on project-specific considerations, including the applicant's proposed baseline year, the timing of the submission of the environmental documents required by G.S. 143-215.22L(d), the applicant's demonstrated current and projected water demand, and any other project-specific considerations related to the needs of the requested transfer. Projections shall be conducted on 10-year increments, at a minimum.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0406 PETITION
(a) Pursuant to G.S. 143-215.22L(g)(7), the petition shall include an evaluation of impacts to reservoir water levels that take into consideration the purposes for which the reservoir was constructed, and any mandatory management activities required to maintain the reservoir per any binding agreements between two or more parties related to such purposes.
(b) Reasonably foreseeable future water supply needs shall mean the projected water transfers necessary to meet demands for not less than 30-years from the year in which the Notice of Intent is filed in compliance with G.S. 143-215.22L(c).
(c) Unless already approved by the Division, an updated local water supply plan meeting the requirements set forth in G.S. 143-355(l) for the previous full calendar year shall be submitted to the Division for review and approval. Once approved, the plan shall be adopted by the local government or large community water system governing board.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0407 SETTLEMENT/MEDIATION
The Commission may appoint a mediation officer to initiate settlement discussions. The mediation officer shall follow the most recent guidance or mediation and settlement procedures approved by the Commission.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0408 FINAL DETERMINATION
(a) The water conservation plan shall meet all the requirements of G.S. 143-215.22L(n)(1). Any proposed ordinances, initiatives, or programs shall be approved by the unit of local government within 90 calendar days of issuance of the IBT Certificate to document the water conservation efforts. Consistent with the requirements contained in G.S. 143-215.22L(n)(1) an applicant shall demonstrate, through its water conservation plan, that its existing or proposed water conservation measures are equal to or exceed the most stringent water conservation plan implemented by any public water system in the source basin. The required demonstration shall be based on the existing water conservation measures implemented by each of the public water supply systems that withdraw from the source river basin. The water conservation plan is subject to approval by the Department.
(b) Examples of metrics for supply-side water conservation measures may include:
(1) regularly conducted water system water audits, where the schedule and methodology used are outlined;
(2) a flushing optimization plan and accounting of use by a fire department;
(3) a leak detection program where the repair program abilities are described;
(4) storage tank level and pressure management;
(5) water meter replacement;
(6) metering testing schedule;
(7) a plan to identify failing meters; and
(8) details of any existing water reuse programs.
(c) Examples of metrics for demand-side water conservation measures may include:
(1) a tiered-rate pricing structure that incentivizes and promotes customer conservation;
(2) public outreach and education programs;
(3) encouraging all households to conduct simple water audits to improve individual water conservation and efficiency measures;
(4) the use of irrigation controls, including schedule restrictions, a ban on watering impervious surfaces, a separate conservation rate pricing structure;
(5) encourage the use of mulch, and the use of drought tolerant plants and grass species;
(6) the use of water conservation irrigation devices including rain or soil moisture sensors, rain barrels, or cisterns to collect rainwater for outdoor irrigation;
(7) registration of, and accounting for, pre-arranged (bulk) potable water usage sales;
(8) separate meters for outdoor irrigation; and
(9) encouraging the replacement of older, inefficient water fixtures with more water-efficient fixtures and devices.
(d) Pursuant to G.S. 143-215.22L(n)(7), the certificate shall include all current and anticipated applicants and co-applicants. To be eligible to receive transferred water under a certificate, any public water system not listed as the primary applicant on a certificate but is anticipated to receive transferred water made available through a certificate at any time, present or future, shall be identified as a co-applicant on the certificate. All water systems beyond the applicant, that serve customers or sell transferred water in the receiving basin, shall be listed as co-applicants in the petition document. This shall include any projected water sales that are anticipated to occur during the planning period identified in the petition. A modification to the certificate shall be necessary for sales to entities not listed on the certificate.
(e) Pursuant to G.S. 143-215.22L(n)(7), water sales to water systems or wholesale customers not listed as co-applicants in receiving basins, or are not listed in a modification, shall be considered a violation of the terms of the certificate and could result in the Commission rescinding the certificate. Allowable emergency transfers as outlined in Rule .0409 of this Section are not subject to this Paragraph.
(f) As used in G.S. 143-215.22L(m), detriment means harmful or damaging conditions not caused by a natural condition where an entity with a Department approved water use cannot carry out the beneficial uses for which the water use was granted.
(g) As used in G.S. 143-215.22L(k) and G.S. 143-215.22L(n), detrimental effects means harmful or damaging effects to the water quality, water quantity, fish and wildlife habitat, wastewater assimilation, navigation, electric power generation, public water supplies, and other industrial, economic, recreational, or agricultural water supply needs within either the source or receiving river basins due to the proposed water transfer.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
15A NCAC 02E .0409 EMERGENCY TRANSFERS
(a) Pursuant to G.S. 143-215.22L(q), an emergency transfer of water may be requested in situations resulting from water supply problems caused by a water quality incident, temporary failure of a water plant or infrastructure, or any other temporary condition in which the public health, safety, or welfare requires the transfer of water. With the understanding that these proposed actions are occurring under emergency situations, the Secretary shall make reasonable attempts to consult with parties described in G.S. 143-215.22L(3)(c) prior to making a determination. Emergency transfers shall not take the place of, or be issued in lieu of, a permanent or modified transfer certificate. Per G.S. 143-215.22L(q), as a condition of the transfer, the applicant shall demonstrate and convey to the Department that the amount of water transferred shall be minimized through water efficiency measures for the duration of the transfer.
(b) When possible, a request for an emergency transfer shall be submitted to the Department prior to the transfer, such as in the case of drought, plant maintenance, or other planned or foreseeable activities. Prior to starting the emergency transfer, the applicant shall submit a request to the Department for Secretary approval, either in writing or electronically, which shall include:
(1) the nature or circumstances of the event that is prompting the transfer request;
(2) the affected river basins between which the requested emergency transfer would occur;
(3) the estimated quantity of water to be transferred; and
(4) the anticipated duration of the requested emergency transfer.
No water shall be transferred prior to Secretary approval.
(c) Where an unplanned situation necessitates a transfer of water and a request cannot be made to the Secretary prior to the transfer event, the applicant, within 72 hours of the start of the transfer, shall provide to the Department the information in Subparagraphs (b)(1) through (b)(4) of this Rule. Provided conditions of this Paragraph are met, the Secretary shall consider the emergency transfer approved.
(d) With any emergency transfer approval, the applicant shall, within 60 calendar days from the end of the transfer period, submit to the Department a summary report detailing the transfer event. The report shall include, to the extent possible, updated information required in Subparagraphs (b)(1) through (b)(4) of this Rule based on the actual event.
History Note: Authority G.S. 143-215.22L; 143B-282(a)(2);
Eff. March 1, 2023.
SECTION .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA
15A NCAC 02E .0501 DECLARATION AND DELINEATION OF CENTRAL COASTAL PLAIN CAPACITY USE AREA
The area encompassed by the following 15 North Carolina counties and adjoining creeks, streams, and rivers is hereby declared and delineated as the Central Coastal Plain Capacity Use Area:
(1) Beaufort
(2) Carteret
(3) Craven
(4) Duplin
(5) Edgecombe
(6) Greene
(7) Jones
(8) Lenoir
(9) Martin
(10) Onslow
(11) Pamlico
(12) Pitt
(13) Washington
(14) Wayne; and
(15) Wilson.
The use of ground water requires coordination and limited regulation in this delineated area for protection of the public interest. The intent is to protect the long-term productivity of aquifers within the designated area and to allow the use of ground water for uses at rates which do not exceed or threaten to exceed the recharge rate of the aquifers within the designated area.
History Note: Authority G.S. 143-215.13;
Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0502 WITHDRAWAL PERMITS
(a) Permits are not required for surface water use under Section .0500 of this Subchapter in the Central Coastal Plain Capacity Use Area as delineated in Rule .0501 of this Section.
(b) No person shall withdraw ground water in excess of 100,000 gallons per day by a well, group of wells operated as a system, or sump for any purpose unless he or she obtains a water use permit from the Director.
(c) Ground water withdrawals shall be governed by the following standards:
(1) Adverse impacts of ground water withdrawals shall be avoided or minimized. Adverse impacts include, but are not limited to:
(A) dewatering of aquifers;
(B) encroachment of salt water;
(C) land subsidence or sinkhole development; or
(D) declines in aquifer water levels that indicate that aggregate water use exceeds the aquifer replenishment rate.
(2) Adverse impacts on other water users from ground water withdrawals shall be corrected or minimized through efficient use of water and development of sustainable water sources.
(3) In determining the importance and necessity of a proposed withdrawal the efficiency of water use and implementation of conservation measures shall be considered.
(d) An application for a water use permit must be submitted on a form to the North Carolina Division of Water Resources. The application shall describe the purpose or purposes for which water shall be used, shall set forth the method and location of withdrawals, shall justify the quantities needed, and shall document water conservation measures to be used by the applicant to ensure efficient use of water and avoidance of waste. Any other information necessary to determine whether to grant or deny an application as requested by the Division shall be submitted to the Division within 30 days of the request. Withdrawal permit applications shall include the following information:
(1) location by latitude and longitude of all wells to be used for withdrawal of water and all other wells within 1500 feet of the applicant's wells;
(2) specifications for design and construction of existing and proposed production and monitoring wells including well diameter, total depth of well, depths of all open hole or screened intervals that will yield water to the well, depth of pump intake(s), size, capacity, and type of pump, depth to gravel pack, and depth measurements shall be within accuracy limits of plus or minus 0.10 feet and referenced to a known land surface elevation; exceptions may be made where specific items of information are not critical, as determined by the Director based upon site specific conditions, to manage the ground water resource;
(3) withdrawal permit applications for use of ground water from the Cretaceous aquifer system shall be reviewed protecting the Cretaceous aquifer system zones. Cretaceous aquifer system wells shall be identified using the specifications in Rule .0502(d)(1) and .0502(d)(2) of this Section and the hydrogeological framework;
(4) withdrawal permit applications for dewatering of mines, pits, or quarries shall include a dewatering or depressurization plan that includes:
(A) the current withdrawal rate or estimates of the proposed withdrawal rate;
(B) the location, designs, and specifications of any sumps, drains, or other withdrawal sources including wells and trenches;
(C) the lateral extent and depth of the zone(s) to be dewatered or depressurized;
(D) location by latitude and longitude of all wells within 1500 feet of the excavation boundary;
(E) a monitoring plan that provides data to delineate the nature and extent of dewatering or depressurization; and
(F) certification of all engineering plans and hydrogeological analyses prepared to meet these requirements consistent with professional licensing board statutes and rules governing such activities.
Exceptions may be made where specific items of information are not critical, as determined by the Director based upon site specific conditions, to manage the ground water resource; and
(5) the applicant shall provide information on existing conservation measures and conservation measures to be implemented during the permit period as follows:
(A) Public water supply systems shall develop and implement a water conservation plan incorporating, at a minimum, the following components. Each component shall be described, including a timetable for implementing each component that does not already exist.
(i) adoption of a water conservation-based rate structure, such as flat rates, increasing block rates, seasonal rates, or quantity-based surcharges;
(ii) implementation of a water loss reduction program if unaccounted for water is greater than 15 percent of the total amount produced, as documented annually using a water audit. Water loss reduction programs shall consist of annual water audits, in-field leak detection, and leak repair;
(iii) adoption of a water conservation ordinance for irrigation, such as time-of-day and day-of-week restrictions on lawn and ornamental irrigation or automatic irrigation system shut-off devices;
(iv) implementation of a retrofit program that makes available indoor water conservation devices to customers, such as showerheads, toilet flappers, and faucet aerators;
(v) implementation of a public education program, such as water bill inserts, school and civic presentations, water treatment plant tours, and public services announcements; and
(vi) evaluation of the feasibility of water reuse as a means of conservation, where applicable.
(B) Users of water for commercial purposes, other than irrigation of crops and forestry stock, shall develop and implement a water conservation plan as follows:
(i) an audit of water use by type of activity, such as process make up water and non-contact cooling water, including existing and potential conservation and reuse measures for each type of water use; and
(ii) an implementation schedule for feasible measures identified in the above item for conservation and reuse of water at the facility.
(C) Users of water for irrigation of crops and forestry stock shall provide the following information:
(i) total acreage with irrigation available;
(ii) types of crops that may be irrigated;
(iii) method of irrigation such as wells that supply water to canals, ditches or central pivot systems or any other irrigation method using ground water); and
(iv) a statement that the applicant uses conservation practice standards for irrigation as defined by the Natural Resources Conservation Service.
(6) if an applicant intends to operate an aquifer storage and recovery program (ASR), the applicant shall provide information on the storage zone, including the depth interval of the storage zone, lateral extent of the projected storage area, construction details of wells used for injection and withdrawal of water, and performance of the ASR program.
(e) Persons holding a permit shall submit signed water usage and water level reports to the Director not later than 30 days after the end of each permit reporting period as specified in the permit. Monitoring report requirements shall include:
(1) amounts of daily withdrawal from each well;
(2) pumping and static water levels for each supply well as measured with a steel or electric tape, or an alternative method as specified in the permit, at time intervals specified in the permit;
(3) static water levels in observation wells at time intervals specified in the permit;
(4) annual sampling by applicants located in the salt water encroachment zone and chloride concentration analysis by a State certified laboratory; and
(5) any other information the Director determines to be pertinent and necessary to the evaluation of the effects of withdrawals during the application review process.
(f) Water use permit holders shall not add new wells without prior approval from the Director through a permit modification.
(g) The Director may require permit holders to construct observation wells to observe water level and water quality conditions before and after water withdrawals begin if there are concerns about adverse impacts to the aquifer based on the withdrawal amount and location. Aquifer monitoring may be necessary to assess the impact of the withdrawal on the aquifer.
(h) For all water uses other than dewatering of mines, pits, or quarries, withdrawals shall be permitted only from wells that are constructed such that the pump intake or intakes are at a shallower depth than the top of the uppermost confined aquifer that yields water to the well. Confined aquifer tops are established in the hydrogeological framework. Where wells in existence as of August 1, 2002 are not in compliance with the requirements of this provision, the permit shall include a compliance schedule for retrofitting or replacement of non-compliant wells. Withdrawals from unconfined aquifers shall not lower the water table by an amount large enough to decrease the effective thickness of the unconfined aquifer by more than 50 percent.
(i) For withdrawals to dewater mines, pits, or quarries, the permit shall delimit the extent of the area and depths of the aquifer(s) to be dewatered or depressurized. Maximum withdrawal rates and the permissible extent of dewatering or depressurization shall be determined by the Director using data provided by the applicant, data related to permits under G.S. 74-50, and other publicly available information. Withdrawal rates that do not cause adverse impacts, as defined in Paragraph (c) of this Rule, shall be approved.
(j) Withdrawals of water that cause changes in water quality such that the available uses of the resource are adversely impacted, by dewatering or salt water encroachment, shall not be permitted.
(k) General permits may be developed by the Division and issued by the Director for categories of withdrawal that involve the same or substantially similar operations, have similar withdrawal characteristics, require the same limitations or operating conditions, and require similar monitoring.
(l) Permitted water users may withdraw and sell or transfer water to other users provided that their permitted withdrawal limits are not exceeded.
(m) A permitted water user may sell or transfer to other users a portion of his permitted withdrawal. To carry out such a transfer, the original permittee must request a permit modification to reduce his permitted withdrawal and the proposed recipient of the transfer must apply for a new or amended withdrawal permit.
(n) The Director shall issue a temporary permit when the following conditions are met:
(1) an applicant or permit holder demonstrates that compliance with water withdrawal limits established pursuant to this Section is not possible because of construction schedules, requirements of other laws, or other reasons beyond the control of the applicant or permit holder;
(2) the applicant or permit holder has made efforts to conserve water and develop other water sources; and
(3) the applicant or permit holder provides data from monitoring wells that support a higher withdrawal rate which does not exceed the recharge rate.
History Note: Authority G.S. 143-215.14; 143-215.15; 143-215.16;
Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0503 PRESCRIBED WATER USE REDUCTIONS IN CRETACEOUS AQUIFER ZONES
History Note: Authority G.S. 143-215.15;
Eff. August 1, 2002;
Repealed Eff. January 1, 2022.
15A NCAC 02E .0504 REQUIREMENTS FOR ENTRY AND INSPECTION
(a) The Division may enter and inspect property in order to evaluate wells, pumps, metering equipment, or other withdrawal or measurement devices and records of water withdrawals and water levels, if:
(1) Persons conduct an activity that the Division believes requires the use of water at quantities that subject the person pursuant to Rule .0502(b) of this Section.
(2) A permittee or applicant has not provided data or information on use of water and wells and other water withdrawal facilities as required by these Rules; or
(3) Water levels and chloride concentrations at the person's facility, or at nearby facilities or monitoring stations, indicate that aquifers may be damaged by overpumping, salt water encroachment, or other adverse impacts that may be attributed to withdrawal by the person.
(b) All information submitted to fulfill the requirements of these Rules, or to obtain a permit under these Rules, or obtained by inspection under these Rules, shall be treated as Confidential Business Information, if requested by the applicant, and found to be such by the Division pursuant to G.S. 143-215.19(e). Reports defined in Rule .0502(e) of this Section are not considered Confidential Business Information.
History Note: Authority G.S. 143-215.19;
Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0505 ACCEPTABLE WITHDRAWAL METHODS THAT DO NOT REQUIRE A PERMIT
(a) Any person who is not subject to Rule .0502 of this Section and withdraws more than 10,000 gallons per day from surface or ground water in the Central Coastal Plain Capacity Use Area, shall register such withdrawals on a form supplied by the Division pursuant to G.S. 143-355(k) and comply with the following provisions:
(1) construct new wells such that the pump intake or intakes are above the top of the uppermost confined aquifer that yields water to the well. Confined aquifer tops are established in the hydrogeological framework;
(2) report surface and ground water use to the Division of Water Resources on an annual basis on a form supplied by the Division; and
(3) withdraw water in a manner that does not damage the aquifer, cause salt water encroachment, or other adverse impacts.
(b) Requirements of this Rule shall not apply to withdrawals to supply an individual domestic dwelling.
History Note: Authority G.S. 143-215.14;
Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0506 CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT
History Note: Authority G.S. 143-215.14;
Eff. August 1, 2002;
Repealed Eff. January 1, 2022.
15A NCAC 02E .0507 DEFINITIONS
The following is a list of definitions for terms found in Section .0500 of this Subchapter:
(1) Approved base rate: The larger of a person's January 1, 1997 through December 31, 1997 or August 1, 1999 through July 31, 2000 annual water use rate from the Cretaceous aquifer system, or an adjusted water use rate determined by the Division based upon documentation of the following information:
(a) water use reductions made since January 1, 1992;
(b) use of wells for which funding has been approved or for which plans have been approved by the Department of Environmental Quality by August 1, 2002;
(c) the portion of a plant nursery operation using low volume micro-irrigation; or
(d) other information pertaining to water use during the time periods specified.
(2) Aquifer: Water-bearing earth materials that are capable of yielding water in usable quantities to a well or spring.
(3) Aquifer recharge: The addition of water to the zone of saturation.
(4) Aquifer storage and recovery program (ASR): Controlled injection of water into an aquifer with the intent to store water in the aquifer for subsequent withdrawal and use.
(5) Confining unit: A geologic formation that does not yield usable quantities of water to wells or springs. Confining units separate aquifers and slow the movement of ground water.
(6) Cretaceous aquifer system: A system of aquifers in the North Carolina coastal plain that is comprised of water-bearing earth materials deposited during the Cretaceous period of geologic time. The extent of the Cretaceous Aquifer System is defined in the hydrogeological framework and includes the Peedee, Black Creek, Upper Cape Fear, and Lower Cape Fear aquifers.
(7) Cretaceous aquifer system zones: Regions established in the fresh water portion of the Cretaceous aquifer system that delimit zones of salt water encroachment, dewatering, and declining water levels. These zones are designated on the paper and digital map entitled "Central Coastal Plain Capacity Use Area Cretaceous Aquifer Zones" (CCPCUA) on file in the Office of the Secretary of State. These zones encompass areas sensitive to over-development because aquifer withdrawal rates can exceed recharge rates and includes the regions where, between August 1, 2002 and July 31, 2019, Cretaceous Aquifer system zone users were required to reduce withdrawals from their Approved Base Rates up to 30 percent in the declining water level zone and up to 75 percent in the dewatering and salt water encroachment zones. Intermittent users and users of wells exclusively screened or open to the Peedee aquifer were not required to reduce withdrawals.
(8) Dewatering: Dewatering occurs when aquifer water levels are depressed below the top of a confined aquifer or water table declines adversely impact the resource.
(9) Flat rates: Unit price remains the same regardless of usage within customer class.
(10) Fresh water: Water containing chloride concentrations less than 250 milligrams per liter.
(11) Gravel pack: Sand or gravel sized material inside the well bore and outside the well screen and casing.
(12) Ground water: Water in pore spaces or void spaces of subsurface sediments or consolidated rock.
(13) Hydrogeological framework: A three-dimensional representation of aquifers and confining units that is stored in Division data bases and may be adjusted by applicant supplied information.
(14) Increasing block rates: Unit price increases with additional usage.
(15) Intermittent users: Persons who withdraw ground water less than 60 days per calendar year or who withdraw less than 15 million gallons of ground water in a calendar year; or aquaculture operations registered by the Board of Agriculture in accordance with G.S. 106-761 using water for the initial filling of ponds or refilling of ponds no more frequently than every five years.
(16) Observation well: A non-pumping well screened in a particular aquifer where water levels can be measured and water samples can be obtained.
(17) Pumping water level: The depth to ground water in a pumping well as measured from a known land surface elevation. Measurements shall be made four hours after pumping begins. Measurements shall be within accuracy limits of plus or minus 0.10 feet.
(18) Quantity based surcharges: Surcharges billed with usage over a certain determined quantity.
(19) Recharge rate: The rate of which water replenishes an aquifer.
(20) Salt water: Water containing chloride concentrations equal to and in excess of 250 milligrams per liter.
(21) Salt water encroachment: The lateral or vertical migration of salt water toward areas occupied by fresh water. This may occur in aquifers due to natural or man-made causes.
(22) Seasonal rates: Unit price changes according to the season.
(23) Static water level: The depth to ground water in a non-pumping well as measured from a known land surface elevation. Measurements shall be made after pumping has ceased for 12 hours. Measurements shall be within accuracy limits of plus or minus 0.10 feet.
(24) Unaccounted for water: The difference between the total water entering the system, including produced and purchased, and the total metered or otherwise accounted for water usage.
(25) Water table: The water level in an unconfined aquifer.
History Note: Authority G.S. 143-215.14;
Eff. August 1, 2002;
Readopted Eff. January 1, 2022.
SECTION .0600 – WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES
15A NCAC 02E .0601 SCOPE
The purpose of this Section is to minimize harmful impacts of drought and water supply emergencies on public health and safety, environmental quality, and the economy by establishing minimum standards and practices for water shortage response planning, water use reporting, water conservation, and water reuse during droughts and water supply emergencies.
History Note: Authority G.S. 143-354(a)(1); 143-354(a)(8); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0602 DEFINITIONS
The following definitions shall apply for the purposes of this Section:
(1) "Council" and "NCDMAC" mean the North Carolina Drought Management Advisory Council.
(2) "Department" means the North Carolina Department of Environmental Quality (DEQ).
(3) "Drought Advisory" means an advisory issued by the NCDMAC that delineates the geographic extent and severity of a water deficit significant enough to have social, environmental, or economic effects. Drought Advisories shall be designated as Abnormally Dry, Moderate Drought, Severe Drought, Extreme Drought, and Exceptional Drought to indicate the severity of conditions from least to most severe, respectively.
(4) "Effective" means producing the desired or intended result.
(5) "Efficient" achieving maximum productivity with minimum wasted effort or expense.
(6) "Efficient use" is reducing water wastage by measuring the amount of water required for a particular purpose and the amount of water used or delivered.
(7) "Essential water use" means the use of water necessary for fire fighting, health, and safety purposes; water needed to sustain human and animal life; and water necessary to satisfy federal, state, and local public health, safety, or environmental protection requirements.
(8) "Industry Best Management Practices" are methods that are the most effective and practical means of completing a task.
(9) "Industry Standards" are a set of criteria within an industry relating to the standard functioning and carrying out of operations in their respective fields of production.
(10) "Normal Operating Procedures (NOPs)" is a set of step-by-step instructions compiled by an organization to help workers carry out routine operations. NOPs aim to achieve efficiency, quality output, and uniformity of performance, while reducing miscommunication and failure to comply with industry regulations.
(11) "Non-essential water use" means categories of water use, other than essential water use, that may be curtailed during droughts and water emergencies.
(12) "Person" means any individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.
(13) "Privately owned" are water systems that can be for-profit systems managed by investors or shareholders.
(14) "Publicly owned" are water systems that are non-profit entities managed by local or state governments, for which rates are set by a governing board.
(15) "State agencies" includes all agencies of the executive branch of the government of North Carolina, the General Assembly, the General Court of Justice, and the University of North Carolina.
(16) "Syringing" means the application of 0.10 inch or less of water, near midday to correct plant water deficits, reduce plant tissue temperatures, and reduce the heat stress on turfgrass plants.
(17) "Unit of local government" means a county, city, town, incorporated village, consolidated city-county, sanitary district or other local political subdivision, or authority or agency of local government.
(18) "Water" means any waters of the State located on or below the land surface as well as water contained within a water treatment and distribution system.
(19) "Water delivery system" means any open or closed conveyance system used to move water for potable or non-potable purposes from its point of origin to a point of use, including: municipal water systems; residential, commercial, industrial, and commercial plumbing systems; irrigation systems; water using equipment; and flexible hoses.
History Note: Authority G.S. 143-354(a)(8); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0603 GENERAL INFORMATION
(a) The provisions of this Section apply to the following classes of water users:
(1) Publicly owned and privately owned water supply systems;
(2) State agencies;
(3) Units of local government;
(4) Business and industrial water users; and
(5) Agricultural and horticultural water users.
(b) All owners and operators of a water delivery system may develop, implement, and require more stringent standards than those set forth in Rules .0612 through .0614 of this Section in response to droughts or emergency water shortages.
(c) All established and new uses of reclaimed water, consistent with the provisions of 15A NCAC 02U .0100 and any successive rules and amendments that define and the use of reclaimed water, as administered by the Department's Division of Water Resources, shall be exempt from the requirements set forth in this Section.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0604 ANNUAL REPORTING OF WATER USE DATA
In order to improve the availability of data for the development of the State water supply plan to be used when managing water resources during drought and water supply emergencies and to provide a basis for evaluating the effectiveness of emergency water conservation measures, the following data reporting requirements have been established:
(1) Water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) shall, irrespective of the issuance of a drought advisory, annually report to the Department the following information:
(a) Water system identification information;
(b) Annual average daily water use (total amount of surface and ground water withdrawn as well as water supplied by another system) by the water system, in million gallons per day (MGD);
(c) The average daily water use (total amount of surface and ground water withdrawn as well as water supplied by another system) for each month of the prior calendar year, in million gallons per day (MGD);
(d) The number of connections for residential, industrial, commercial, and institutional metered and non-metered water use, as of December 31st of the reporting year;
(e) The annual average daily water use in million gallons per day (MGD) categorized by residential, industrial, commercial, institutional water uses, and sales to other systems to the extent that this information by category is available; and
(f) Water used by the system, in addition to the amount delivered to customers, to meet water treatment and distribution requirements, in million gallons per day (MGD).
(2) All persons that are required to register water withdrawals and transfers under G.S. 143-215.22H, who are not subject to Item (1) of this Rule, shall annually report to the Department monthly average water use in million gallons per day (MGD) for each month. The following information shall be reported:
(a) Owner and facility identification information;
(b) Sources of water withdrawn;
(c) Number of days water was withdrawn for each month; and
(d) Average daily withdrawal for the actual number of days water was withdrawn each month, in million gallons per day (MGD).
(3) Data shall be submitted electronically. Water users that exhibit to the Division of Water Resources an inability to submit data electronically may submit data in writing on a form supplied by the Department.
(4) Data shall be submitted to the Department by April 1st of each year for the period of January 1st to December 31st of the prior year.
History Note: Authority G.S. 143-355(k); 143-355(l); 143-354(a);
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0605 WATER USE REDUCTION REPORTING, NEW WATER WITHDRAWAL REPORTING AND REGIONAL COORDINATION DURING DROUGHTS
In order to promote regional cooperation for the equitable use of water resources during a drought or other water supply emergency, all persons, as specified below, shall comply with the following reporting and coordination procedures:
(1) Publicly and privately owned community water systems and units of local government shall report to the Division of Water Resources the implementation of mandatory water conservation measures within 72 hours of their initial enactment.
(2) All persons that intend to make a new water withdrawal that have not previously been registered under G.S. 143-215.22H, of 100,000 gallons or more in an area designated by the Council as suffering from Extreme or Exceptional Drought shall report to the Division of Water Resources, by the same means outlined in Rule .0604(3) of this Section, the following information at least seven days prior to the withdrawal:
(a) Contact information for the person making the water withdrawal;
(b) Source(s) of water to be withdrawn;
(c) Number of days water is anticipated to be withdrawn; and
(d) Anticipated average daily withdrawal in million gallons per day (MGD).
(3) All persons that withdraw water shall monitor drought and water supply conditions and shall participate in regional coordination for the management of water resources, evaluation of the cumulative effects of water withdrawals on regional water resources, and the development of alternative water supply sources. Based on an assessment of drought severity and regional water supply conditions, the Department may contact water systems within the affected region to arrange a consultation meeting between water systems and relevant state and local agencies. The Department shall moderate these consultations and provide technical assistance.
History Note: Authority G.S. 143-354(a)(8); 143-355(k); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0606 WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
All classes of water users shall prepare a Water Shortage Response Plan in accordance with Rules .0607-.0611 of this Section. The purpose of these Water Shortage Response Plans is to plan for an effective course of action to minimize harmful impacts of drought and water supply emergencies on public health and safety, environmental quality, and the economy. Water Shortage Response Plans shall take into account the specific characteristics of the water sources and the water uses for which the plan is prepared.
History Note: Authority G.S. 143-354(a)(1); 143-355(l); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0607 PUBLICLY AND PRIVATELY OWNED WATER SYSTEM WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
(a) Units of local governments and large community water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) shall include the following information in their local Water Shortage Response Plans for review by the Division of Water Resources:
(1) The designation of a staff position or organizational unit responsible for the implementation of their Water Shortage Response Plan;
(2) Notification procedures that will be used to inform employees and water users about the implementation of the plan and required water conservation response measures;
(3) Tiered levels of response actions to be taken to reduce water use based on the severity of water shortage conditions;
(4) Specific measurements of available water supply, water demand, and system conditions that will be used to determine the severity of water shortage conditions and to initiate water use reduction measures and the movement between various levels;
(5) Procedures that will be used to regulate compliance with the provisions of the plan;
(6) Procedures for affected parties to review and comment on the plan prior to final adoption;
(7) Procedures to receive and review applications for variances from specific requirements of the plan and the criteria that will be considered in the determination to issue a variance;
(8) An evaluation method to determine the actual water savings accomplished and the effectiveness of the Water Shortage Response Plan when implemented; and
(9) Procedures for revising and updating Water Shortage Response Plans to improve plan effectiveness and adapt to new circumstances.
(b) Units of local governments and large community water systems that are required to prepare a Local Water Supply Plan shall submit a copy of their Water Shortage Response Plan and any subsequent revisions of the plan to the Division of Water Resources for review every five years with the full Local Water Supply Plan, as required by G.S. 143-355(l).
(c) Publicly and privately owned water systems not required to prepare a Local Water Supply Plan shall:
(1) Assess their vulnerability to drought and water shortage emergencies; and
(2) Prepare a written plan for responding to water shortage emergencies and drought using the provisions of Paragraph (a) of this Rule.
(d) Publicly and privately owned water systems that depend on the water storage in a private or public impoundment that they do not own and operate under a contract for the withdrawal of water issued by the owner of an impoundment shall prepare a written plan for responding to water shortages that is consistent with the provisions of the contract and shall comply with all Water Shortage Response Plan provisions established by the owner of the impoundment.
(e) Water Shortage Response Plans shall provide for water users who have made improvements to maximize water use efficiency in their daily operations and may face hardships when making further water use reductions. Water Shortage Response Plans shall avoid restricting efficient water users in ways that would undermine incentives for water users to seek continued improvements in water use efficiency and shall honor locally approved certification programs that recognize efficient water users who meet industry standards for water use efficiency and water conservation.
(f) When the NCDMAC issues a drought advisory designating an area of the state as currently suffering from drought, publicly and privately owned water systems that depend on water from the designated area shall for the duration of the designation:
(1) Implement the provisions of their Water Shortage Response Plan, as determined by the specific indicators established in the plan for initiating response measures;
(2) Monitor and document water supply conditions;
(3) Educate customers and employees on the need to conserve water and how to prepare for potential drought conditions;
(4) Inspect water delivery system components and ensure that existing equipment is operating as efficiently as possible;
(5) Stay informed on drought and water shortage emergency conditions and participate in regional coordination for the management of water resources; and
(6) Evaluate the feasibility of reclaiming and recycling water to meet water needs.
History Note: Authority G.S. 143-354(a)(1); 143-355(l); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0608 STATE AGENCY WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
(a) State agencies that supply their own water shall prepare a written plan for responding to water shortages using the provisions of Rule .0607(a) of this Section.
(b) State agencies that are supplied water by a publicly or privately owned water system shall:
(1) Review normal operating procedures and water use to identify options to reduce water use and maximize water use efficiency during water supply emergencies, including changes to normal operating procedures;
(3) Provide information to their water purveyor(s) upon request to support development of the purveyor's Water Shortage Response Plan(s), including the agency's ability to reduce water use and limitations to reducing water use during droughts and water emergencies;
(4) Develop procedures for informing employees of drought designations, water emergency declarations, and response measures; and
(5) Evaluate the feasibility of reclaiming and recycling water to meet water needs.
History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0609 LOCAL GOVERNMENT WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
(a) Units of local government that provide water to the public shall meet the requirements of Rule .0607(a) of this Section.
(b) Units of local government that do not provide water to the public shall:
(1) Review normal water use for the types and number of facilities operated to identify options to reduce water use and maximize water use efficiency by local government operations during water shortage emergencies, including possible changes to normal operating procedures;
(2) Cooperate with local water purveyor(s) on the development and implementation of the purveyor's Water Shortage Response Plan(s);
(3) Establish a procedure for informing citizens of drought designations, recommended conservation activities, and mandatory response measures to reduce water use during droughts and water shortage emergencies;
(4) Provide a mechanism whereby residents can apply for and receive a variance from specific water use reduction requirements implemented by local governments;
(5) Consider hardships that water shortage response policies and ordinances may cause water users who have already made improvements to maximize water use efficiency in their daily operations; and
(6) Evaluate the feasibility of reclaiming and recycling water to meet water needs.
History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0610 BUSINESS AND INDUSTRIAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
(a) Self-supplied business and industrial water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall prepare a written plan, for responding to water shortages that is consistent with industry water efficiency and drought response guidelines, that incorporate the relevant provisions of Rule .0607(a) of this Section.
(b) Business and industrial water users that depend on the water storage of a privately or publicly owned impoundment or withdraw water under a contract issued by the owner of an impoundment shall have a written plan for responding to water shortages that is consistent with the provisions of the contract and with any Water Shortage Response Plan provisions established by the owner of the impoundment.
(c) Business and industrial water users that are supplied water by a publicly or privately owned water system shall establish a procedure for responding to water shortages that is complementary to their water purveyor's Water Shortage Response Plan.
History Note: Authority G.S. 143-354(a)(1); S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0611 AGRICULTURAL AND HORTICULTURAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS
(a) Agricultural and horticultural water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall develop a written plan for responding to water shortages to maximize water use efficiency and reduce water usage to the maximum extent possible. Any of the guidance documents on best management practices for the efficient use of water in agricultural and horticultural operations developed by the United States Department of Agriculture's Natural Resources Conservation Service, the North Carolina Department of Agriculture and Consumer Services (NCDA&CS), the NCDA&CS Division of Soil and Water Conservation, North Carolina State University, the North Carolina Cooperative Extension Service, or other industry trade organizations may be used to assist agricultural and horticultural water users identify the most appropriate water use efficiency measures that they may incorporate into the plan for their particular operational needs.
(b) When a region of the State is designated as suffering from Severe Drought, Extreme Drought, or Exceptional Drought by a NCDMAC drought advisory, agricultural and horticultural water users shall reexamine and maintain water delivery systems to minimize water loss and maximize water use efficiency.
(c) Agricultural and horticultural water users that depend on the water storage of a privately or publicly owned impoundment or withdraw water under a contract issued by the owner of an impoundment shall have a written plan for responding to water shortages that is consistent with the provisions of the contract and with any Water Shortage Response Plan provisions established by the owner of the impoundment.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0612 DEFAULT WATER SHORTAGE RESPONSE PLANNING MEASURES
Publicly or privately owned water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) that do not have a written Water Shortage Response Plan, as outlined in Rule .0607 of this Section, shall implement the default water use reduction measures of Rules .0613 and .0614 of this Section when their water system or water source is located in an area designated as suffering from Extreme or Exceptional Drought by the Council.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0613 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXTREME DROUGHT DESIGNATIONS
When the NCDMAC designates a region of the state as suffering from Extreme Drought, the following water use reduction standards shall apply to water users in the designated area, as indicated in Rule .0612 of this Section:
(1) Water users shall reduce water use by at least 10% below the amount used in the month prior to a NCDMAC Extreme Drought designation in the affected area.
(2) All water users shall minimize non-essential use of water.
(3) Outdoor irrigation is prohibited, except for:
(a) Watering lawns less than one inch of water per week, between the hours of 8:00 PM and 8:00 AM;
(b) Maintaining newly installed landscapes, lawns, and erosion control projects that were initiated prior to the issuance of an Extreme Drought advisory, not to exceed the minimum rate necessary on the day of installation and for 60 days following installation, by means designed and operated to maximize water use efficiency and to prevent run-off and excessive watering;
(c) Using spray irrigation by wastewater effluent treatment systems from the NCDMAC Extreme Drought designated area(s) according to permit conditions under the provisions of North Carolina Administrative Code 15A NCAC 02U .0100 and any successive rules and amendments;
(d) Maintaining athletic fields with less than one inch of water per week between the hours of 8:00 PM and 8:00 AM;
(e) Maintaining personal food gardens;
(f) Maintaining existing landscape plantings at the minimum rate necessary, between the hours of 8:00 PM and 8:00 AM, using a hand held container or hose with an automatic shutoff or using drip irrigation;
(g) Watering golf course tees, fairways, and greens by means of an automated irrigation system between the hours of 8:00 PM and 8:00 AM with less than one inch of water per week;
(h) Syringing golf course tees and greens exhibiting visible signs of stress between the hours of 12:00 PM and 4:00 PM, at the minimum rate necessary; and
(i) Maintaining plant inventories, by means designed and operated to maximize water use efficiency, at retail garden centers, garden centers within mass merchant stores, or other businesses with live plants as their stock in trade.
(4) The use of water for washing or cleaning of mobile equipment including automobiles, trucks, boats, and fleet vehicles is prohibited, except for:
(a) Operating commercial car washes that utilize the industry's best management practices for the efficient use of water and those that recycle, reclaim, or reuse a portion of their wash water in their daily operations and have reduced total water consumption by 10% below the amount used in the month prior to a NCDMAC Extreme Drought designation in the affected area;
(b) Washing with a hand-held hose with an automatic shutoff device using less than five gallons per vehicle;
(c) Cleaning new and used vehicles using less than five gallons per vehicle to prepare for display in a dealer's show room, upon receipt from the manufacturer or prior owner, and following a sale prior to delivery to the purchaser; and
(d) Cleaning of construction, emergency, transport, or public transportation vehicles if necessary to preserve the functioning and operation of the vehicle.
(5) The use of water for washing impervious and paved surfaces is prohibited, except for:
(a) Prewashing in preparation for painting, recoating, or sealing; and
(b) Applying at the minimum rate necessary for sanitation and public health purposes.
(6) The use of water for ornamental fountains, artificial waterfalls, misting machines, reflecting pools, and ornamental ponds is prohibited, except for the minimum amount of make-up water necessary to maintain aquatic life.
(7) The use of water for power washing of buildings and other structures is prohibited except when necessary to meet federal, state, and local public health and safety requirements.
(8) The use of water for flushing sewer lines is prohibited except when necessary to meet public health and safety standards.
(9) The use of water from fire hydrants is prohibited, except for:
(a) Fighting fire and fire protection purposes;
(b) Testing or training if it is necessary to protect public safety and has been approved by the applicable water purveyor; and
(c) Flushing of potable water lines to protect the public health.
(10) The filling of family, public, or private swimming pools, including hot tubs, spas, and whirlpool tubs, is prohibited, except:
(a) For health and rehabilitative purposes as prescribed by a medical doctor or administered by a medical facility; and
(b) For the minimal amount of make-up water necessary to maintain a pool's structural integrity and filtration system.
(11) The serving of water in eating and drinking establishments shall be done on customer request only.
(12) Water shall be applied at the minimum rate necessary to maintain effective dust and erosion control during the construction of roads and highways initiated prior to the declaration of an Extreme Drought by the NCMDAC.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0614 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXCEPTIONAL DROUGHT DESIGNATIONS
When the NCDMAC designates a region of the state as suffering from Exceptional Drought, the following water use reduction standards shall apply to water users in the designated area, as indicated in Rule .0612 of this Section:
(1) Water users shall reduce water use by at least 20% below the amount used in the month prior to the most recent NCDMAC Extreme Drought designation in the affected area.
(2) Non-essential water use shall be minimized by the maximum extent possible.
(3) Outdoor irrigation is prohibited, except for:
(a) Using spray irrigation by wastewater effluent treatment systems in NCDMAC Exceptional Drought designated areas according to permit conditions under the provisions of North Carolina Administrative Code 15A NCAC 02U .0100 and any successive rules and amendments;
(b) Watering personal food gardens by hand with a container or hand held hose with an automatic shutoff device or using drip irrigation between the hours of 8:00 PM and 8:00 AM;
(c) Maintaining existing landscape plantings at the minimum rate necessary, between the hours of 8:00 PM and 8:00 AM, using a hand held container or hose with an automatic shutoff or using drip irrigation;
(d) Watering golf course tees, fairways and greens, athletic fields, and lawns between the hours of 8:00 PM and 8:00 AM with less than one half inch of water per week;
(e) Syringing of golf course tees and greens exhibiting visible signs of stress between the hours of 1:00 PM and 4:00 PM, at the minimum rate necessary;
(f) Maintaining newly installed landscapes, lawns, and erosion control projects that were initiated prior to the issuance of an Extreme Drought advisory, not to exceed the minimum rate necessary on the day of installation and for 28 days following installation, by means designed and operated to maximize water use efficiency and to prevent run-off and excessive watering; and
(g) Maintaining plant inventories, by means designed and operated to maximize water use efficiency, at retail garden centers, garden centers within mass merchant stores, or other businesses with live plants as their stock in trade.
(4) The use of water for washing or cleaning mobile equipment including automobiles, trucks, boats, and fleet vehicles is prohibited, except for:
(a) Operating commercial car washes that utilize the industry's best management practices for the efficient use of water and those that recycle, reclaim, or reuse a portion of their wash water and have reduced total water consumption by 20% below the amount used in the month prior to the most recent NCDMAC Extreme Drought designation in the affected area;
(b) Cleaning of new and used vehicles in preparation for display in a dealer's show room, using less than five gallons per vehicle; and
(c) Using the minimum amount of water necessary to clean construction, emergency, transport, or public transportation vehicles, if required to preserve the functioning and operation of the vehicle as required by law.
(5) The use of water for washing impervious and paved surfaces is prohibited except for using the minimum amount of water necessary for sanitation and public health purposes.
(6) The use of water for power washing of buildings and other structures is prohibited.
(7) The use of water for flushing sewer lines is prohibited except when necessary to meet public health and safety standards.
(8) The use of water from fire hydrants is prohibited, except for:
(a) Fighting fire and fire protection purposes; and
(b) Flushing of drinking water lines to protect public health and safety.
(9) The filling of family, public, or private swimming pools, including hot tubs, spas, and whirlpool tubs, is prohibited except for health and rehabilitative purposes as prescribed by a medical doctor or administered by a medical facility.
(10) The use of water for ornamental fountains, artificial waterfalls, misting machines, reflecting pools, and ornamental ponds is prohibited, except for the minimum amount of make-up water necessary to maintain aquatic life.
(11) The serving of water in eating and drinking establishments shall be done on customer request only.
(12) Water shall be applied at the minimum rate necessary to maintain effective dust and erosion control during the construction of roads and highways initiated prior to the declaration of an Extreme Drought by the NCDMAC.
History Note: Authority S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
15A NCAC 02E .0615 WATER REUSE DURING DROUGHTS AND WATER SHORTAGE EMERGENCIES
Water users may use reclaimed water under the provisions of North Carolina Administrative Code 15A NCAC 02U .0100 and any successive rules and amendments, during droughts and other water shortage emergencies as defined by G.S. 143-350 to reduce withdrawals of surface water and ground water and to extend available water supplies.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-355.5; S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff. January 1, 2022.
SUBCHAPTER 2F - CONSTRUCTION LOANS
SECTION .0100 - FEDERAL, STATE REVOLVING FUND PRIORITY
15A NCAC 02F .0101 PURPOSE OF THESE REGULATIONS
15A NCAC 02F .0102 GENERAL CRITERIA
15A NCAC 02F .0103 BASES FOR PRIORITY
15A NCAC 02F .0104 DEFINITIONS
History Note: Authority G.S. 143-215.3(a)(4); 159G-5(c);
Eff. February 1, 1976;
Amended Eff. August 1, 1990; July 1, 1990; May 1, 1989; November 16, 1979; July 12, 1976;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
15A NCAC 02F .0105 EFFECTIVE CONTINGENT UPON FEDERAL FUNDS ALLOCATED
History Note: Authority G.S. 143-215(a)(14); 143-215.3(a)(13);
Eff. February 1, 1976;
Amended Eff. November 16, 1979;
Repealed Eff. August 1, 1990.
SECTION .0200 - STATE GRANTS: STATE LOANS
15A NCAC 02F .0201 STATE GRANTS
15A NCAC 02F .0202 STATE LOANS
History Note: Authority G.S. 143-215.3(a)(4); 150B-14(c);
Eff. May 20, 1976;
Amended Eff. July 1, 1988;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0300 - POLICIES
15A NCAC 02F .0301 SEWAGE TREATMENT WORKS PROJECTS
15A NCAC 02F .0302 STATE MATCHING GRANTS PROCEDURE
15A NCAC 02F .0303 STATE GRANTS FROM THE POLLUTION CONTROL ACCOUNT
15A NCAC 02F .0304 LIMITATIONS ON STATE CLEAN WATER GRANTS
15A NCAC 02F .0305 STEP GRANTS
15A NCAC 02F .0306 FEDERAL FUNDING RESERVE ACCOUNT PRIORITY
15A NCAC 02F .0307 STATE GRANTS ELIGIBILITY
15A NCAC 02F .0308 DELEGATION OF STATE GRANTS AUTHORITY
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 143-215.3(a)(13);
Eff. February 1, 1976;
Amended Eff. January 1, 1979;
Repealed Eff. July 1, 1988.
SUBCHAPTER 02G - WATER RESOURCES PROGRAMS
SECTION .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS
15A NCAC 02G .0101 PREAMBLE (TRANFERRED TO 15A NCAC 01T .0401 EFF. MAY 1, 2023)
15A NCAC 02G .0102 PROJECT ELIGIBILITY (transferred to 15a ncac 01t .0402 eff. may 1, 2023)
15A NCAC 02G .0103 PROJECT COST-SHARING AMOUNTS (transferred to 15a ncac 01t .0403 eff. may 1, 2023)
15A NCAC 02G .0104 GRANT APPLICATIONS BY LOCAL GOVERNMENT (transferred to 15a ncac 01t .0404 eff may 1, 2023)
15A NCAC 02G .0105 GRANT APPLICATION REVIEW AND APPROVAL (transferred to 15a ncac 01t .0405 eff. may 1, 2023)
15A NCAC 02G .0106 GRANT PAYMENTS (transferred to 15a ncac 01t .0406 EFF. MAY 1, 2023)
15A NCAC 02G .0107 SPECIAL BEACH EROSION CONTROL REQUIREMENTS (transferred to 15a ncac 01t .0407 eff. may 1, 2023)
15A NCAC 02G .0108 APPLICATION FOR STATE FUNDING (transferred to 15a ncac 01t .0408 eff. may 1, 2023)
15A NCAC 02G .0109 PAYMENT OF LOCAL SHARE (transferred to 15a ncac 01t .0409 eff. may 1, 2023)
15A NCAC 02G .0110 STATE PARTICIPATION IN BEACH EROSION CONTROL PROJECTS (transferred to 15a ncac 01t .0410 eff. may 1, 2023)
15A NCAC 02G .0111 NON-QUALIFIED PROJECTS (transferred to 15a ncac 01t .0411 eff. may 1, 2023)
15A NCAC 02G .0112 SPECIAL PROJECT REQUIREMENTS (transferred to 15a ncac 01t .0412 eff. may 1, 2023)
SECTION .0200 - STATE STANDARDS FOR NON-FEDERAL PROJECTS
15A NCAC 02G .0201 PURPOSE
15A NCAC 02G .0202 ECONOMIC JUSTIFICATION REQUIRED
15A NCAC 02G .0203 FORMAL APPROVAL REQUIRED
15A NCAC 02G .0204 SOUND ENGINEERING REQUIRED
15A NCAC 02G .0205 COMPATIBILITY WITH NORTH CAROLINA WATER PLAN
15A NCAC 02G .0206 APPROVAL OF ALL AFFECTED STATE AGENCIES
15A NCAC 02G .0207 ASSUMPTION OF RESPONSIBILITY BY LOCAL GOVERNMENTS
History Note: Authority G.S. 143-354;
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. April 1, 1983.
SECTION .0300 - BEACH PROJECT REVOLVING FUND ADVANCES
15A NCAC 02G .0301 APPROVAL OF ADVANCES
15A NCAC 02G .0302 ADVANCE PRIORITIES
15A NCAC 02G .0303 ADVANCE LIMITATION
15A NCAC 02G .0304 DELEGATIONS OF AUTHORITY
History Note: Authority G.S. 143-215.62;
Eff. February 1, 1976;
Amended Eff. October 1, 1984; November 1, 1978;
Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.
15A NCAC 02G .0305 EXISTING CONTRACTS
History Note: Authority G.S. 143-215.62;
Eff. February 1, 1976;
Repealed Eff. October 1, 1984.
SECTION .0400 - FLOODWAY ESTABLISHMENT
15A NCAC 02G .0401 STATUTORY AUTHORIZATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.56;
Eff. February 1, 1976;
Repealed Eff. October 1, 1984.
15A NCAC 02G .0402 FORM
History Note: Authority G.S. 143-215.3(a)(1); 143-215.56;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; October 1, 1984;
Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.
SECTION .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE
15A NCAC 02G .0501 INTRODUCTION
To increase the availability of municipal and industrial water supplies, the State of North Carolina requested the U.S. Army Corps of Engineers to designate 32.62 percent of the Jordan Lake conservation storage, between the elevations 202 mean sea level (msl) and 216 msl, as water supply storage.
The State, acting through the Environmental Management Commission, will assign to local governments having a need for water supply capacity any interest held by the State in such storage, with proportional payment by the user to the State for the state's associated capital, interest, administrative and operating costs.
Upon signing the water supply storage contract with the U.S. Army Corps of Engineers, the Commission will apply the following procedures in allocating Jordan Lake water supply storage.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.38 through 143-215.43; 143-354(a)(11); 143B-282;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0502 DEFINITIONS
As used throughout this Subchapter:
(1) "Capital costs" means initial costs of the project;
(2) "Commission" means Environmental Management Commission;
(3) "Department" means the North Carolina Department of Natural Resources and Community Development;
(4) "Division" means the Division of Water Resources;
(5) "Effective date of allocation" means the date the Commission approves the allocation;
(6) "Interest costs" means interest accrued on the unpaid balance;
(7) "Local government" means any city, county, authority, sanitary district, metropolitan water district, or other local unit;
(8) "Operating costs" means Jordan Lake's state and federal operating, maintenance, replacement, and administrative costs associated with water supply storage;
(9) "State" means the state of North Carolina; and
(10) "Water supply storage" means storage of water for municipal or industrial use.
History Note: Authority G.S. 143-354(a)(11);
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0503 FORMAL APPLICATION
(a) The Commission may receive initial allocation requests from local governments beginning on this Section's effective date. In order to be reviewed, applications must contain the following information:
(1) Projected population and water use, including a detailed map of the existing and projected water service areas;
(2) A listing of water sources presently available, including estimated yields of these sources;
(3) An analysis of the yield, quality, and cost of alternative sources of water supply other than Jordan Lake that could meet or partially meet projected needs, including regionalization of systems;
(4) A description of conservation and demand-management practices to be used;
(5) An outline of plans to use water from Jordan Lake, including proposed location of intake and water treatment plant(s), location of wastewater treatment plant(s), any proposed sharing of facilities or other cooperative arrangements with other local governments, and a proposed schedule of development;
(6) A plan for monitoring the quality of the raw and finished water in accordance with the requirements of North Carolina's Department of Human Resources and the U.S. Environmental Protection Agency;
(7) The estimated cost of developing water supply facilities at Jordan Lake, also costs of alternative sources of supply; and
(8) A letter of intent to enter into a financial commitment for Jordan Lake water storage.
(b) The Commission or the department may request such additional information as may be reasonably necessary for a complete understanding of the allocation request.
(c) Local governments may apply for two levels of allocation: Level I allocations are for applicants which have demonstrated an immediate need and will commence withdrawals within five years of the effective date of allocation; Level II allocations are for applicants with documented longer range needs for water.
(d) The applicant should include in the application the assumptions and the methodology used to develop projections. The Commission will assist applicants by providing a copy of departmental procedures for projecting water supply demands and determining yields.
(e) Using departmental procedures for projecting water supply demands and determining yields, the department will provide the Commission an independent assessment of the applicant's water supply needs.
History Note: Authority G.S. 143-215.3(a)(1); 143-354(a)(11); 143B-282;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0504 ALLOCATION OF WATER SUPPLY STORAGE
(a) The segment of Jordan Lake proposed for a water supply withdrawal must be classified by the Commission as a drinking water source prior to any allocation of Jordan Lake water supply storage. Prior to the first allocation of water supply storage at Jordan Lake, the Commission shall hold one or more public meetings on the amount(s) requested by each applicant, the suitability of Jordan Lake water for public water supply use, the availability of alternative water sources, and the best utilization of the water resources of the region. For future allocation decisions, additional public meetings may be held as determined by the Commission.
(b) The Commission will assign Level I allocations of Jordan Lake water supply storage based on an intent to begin withdrawing water within five years of the effective date of allocation, on consideration of projected water supply needs for a period not to exceed 20 years, and on the design capacity of the associated withdrawal and treatment facilities.
(c) The Commission will make Level II allocations of Jordan Lake water supply to applicants based on projected water supply needs for a period not to exceed 30 years.
(d) The Commission will initially keep 50 percent of the water supply storage unallocated to meet future water supply needs as they develop.
(e) If additional storage is requested by holders of Level II allocations, these parties must submit an application addendum to the Commission for review.
(f) When holders of Level II allocations have documented an immediate need and wish to commence withdrawals within five years, their Level II allocations will be changed to Level I upon review and approval by the Commission.
(g) The department will issue a notice that it has received applications for Level I and Level II allocations and requests for increases in allocations, with a 30-day period for comment. If there is significant public interest, the department may hold a public meeting to obtain comments and information, with appropriate notice.
(h) To protect the yield of Jordan Lake for water supply and water quality purposes, the Commission will limit water supply allocations that will result in diversions out of the lake's watershed to 50 percent of the total water supply yield. The Commission may review and revise this limit based on experience in managing the lake and on the effects of changes in the lake's watershed that will affect its yield. For applicants whose discharge or intake represents a diversion pursuant to G.S. 153A-285 or 162A-7, the Commission will coordinate the review of the diversion with the review of the allocation request.
(i) Where applications for allocations exceed storage capacity, the Commission will assign, reassign, or transfer allocations based on the applicants' or holders' need(s) and alternative water sources available (as defined in the application requirements), the existing or proposed average degree of utilization of the resource (relative to the total allocation application), the level of financial commitment (relative to the applicant's or holder's total costs in developing Jordan Lake as a water supply source), the effects on the lake's yield, and the level of sharing facilities or other cooperative arrangements with other local governments.
History Note: Authority G.S. 143-54(a)(11); 143-215.3(a)(1); 143B-282; 153A-285; 162A-7;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0505 NOTIFICATION AND PAYMENT
(a) The Commission will notify applicants of the decisions made regarding their allocation requests.
(b) Recipients of Level I allocations are required to pay a proportional share of the state's total water supply storage capital and interest costs over a term suitable to the recipient and the Commission, but by 2012. Interest rates will vary with the payback term, and will be based on the state recovering the total federal capital and interest costs associated with water supply storage by 2012. After 2012, the Commission may review and adjust repayment requirements to assure equitable and efficient allocation of the resource. Level I recipients are also required to pay annually a proportional share of operating costs.
(c) Holders of Level II allocations are required to pay a proportional share of the project's water supply storage interest and operating costs.
History Note: Authority G.S. 143-215.3(a)(1); 143-354(a)(11); 143B-282;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0506 RECIPIENTS' REQUIREMENTS
(a) Holders of Level I allocations must provide documentation meeting the requirements of the North Carolina Environmental Policy Act, G.S. 113A-1 thru 113A-10, at the time the holders propose to build facilities to use water from Jordan Lake. Such documentation shall include the environmental impacts of the proposed withdrawal, treatment, distribution, and disposal of the holders' allocated water.
(b) Local governments must install and maintain suitable meters for the measurement of water withdrawn, report these withdrawals to the department on a monthly basis, and obtain the department's approval for the design, location, and installation of associated withdrawal facilities.
(c) Holders of Level I and Level II allocations must pay the required capital, interest, and operating costs when due.
History Note: Authority G.S. 113A-1 through 113A-10; 143-215.3(a)(1); 143-354(a)(11); 143B-282;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
15A NCAC 02G .0507 LOSS OF ALLOCATION
(a) The Commission will review the Level I and Level II allocations at five year intervals, beginning on the effective date of the first allocation.
(b) Level I allocations will be reviewed for possible reassignment if the recipient does not begin to withdraw water within five years of the effective date of allocation or is not using and withdrawing the water as proposed in the application.
(c) Level I and Level II allocations will be rescinded upon failure by the local government to meet the regulation requirements in .0506 (a), (b), and (c).
(d) The Commission may adjust, reassign, or transfer interests in water supply storage held by local governments, if indicated by an investigation of needs or changes in the project's water supply storage capacity. Capital, interest, and operating costs will be equitably adjusted to reflect the allocation recipients' proportion of total capacity.
Holders of Level I and Level II allocations will receive appropriate refunds for any payments made if their allocations are adjusted, reassigned, or otherwise amended with the approval of the Commission. Rescinded allocations will not be refunded.
(e) The Commission shall hold a public meeting to obtain comments and information regarding the proposed loss of allocation.
History Note: Authority G.S. 143-215.3(a)(1); 143-354(a)(11); 143B-282;
Eff. March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.
SECTION .0600 - AQUATIC WEED CONTROL
15A NCAC 02G .0601 THE AQUATIC WEED CONTROL ACT (TRANSFERRED TO 15A NCAC 01T .0109 EFF. MAY 1, 2023)
15A NCAC 02G .0602 NOXIOUS AQUATIC WEED LIST (transferred to 15a ncac 01t .0108 eff. may 1, 2023)
SUBCHAPTER 02H - PROCEDURES FOR PERMITS: APPROVALS
SECTION .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS
15A NCAC 02H .0101 PURPOSE
The Rules of this Section set forth the requirements and procedures for application and issuance of state permits pursuant to G.S. 143-215.1, for the control of point sources of water pollution. These Rules apply to the following state permits and authorizations:
(1) NPDES permits for the discharge of waste or stormwater from an outlet, point source, or disposal system to surface waters of the state;
(2) NPDES permits for the discharge of stormwater;
(3) authorizations or permits for the construction, entering a contract for construction, and operation of treatment works with such a discharge; and
(4) permits for the discharge of waste from a pretreatment facility to a disposal system that discharges to surface waters of the state.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 3, 1992; August 1, 1988; October 1, 1987; December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0102 SCOPE
(a) The Rules in this Section apply to all persons:
(1) discharging or proposing to discharge waste, directly or indirectly, from a point source to the surface waters of the state;
(2) constructing or proposing to construct a treatment or pretreatment works with a discharge as described in Subparagraph (1) of this Paragraph;
(3) operating or proposing to operate a treatment works with a discharge as described in Subparagraph (1) of this Paragraph; or
(4) discharging or proposing to discharge stormwater that results in water pollution.
(b) These Rules do not apply to:
(1) those persons who have obtained a permit from a local pretreatment control authority that is authorized to issue such permits under a local pretreatment program approved in accordance with Section .0900 of this Subchapter;
(2) sanitary sewage systems or solid waste management facilities that are permitted under the authority of the Commission for Public Health; and
(3) other persons or activities specifically exempted in these Rules.
History Note: Authority G.S. 143-215.1; 143-215.1(b)(4)(e); 143-215.3(a)(1); 143-215.3(a)(14);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987; December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0103 DEFINITION OF TERMS
The terms used in this Section shall be as defined in G.S. 143-212 and 143-213; the federal Clean Water Act (33 U.S.C. 1251 et seq.); 40 CFR Parts 122, 124, and 125; and as follows:
(1) "Authorization to Construct" means a permit required pursuant to Rule .0138 of this Section for the construction of water pollution control facilities necessary to comply with the terms and conditions of an NPDES permit.
(2) "Certificate of Coverage" means the approval given dischargers that meet the requirements of coverage under a general permit.
(3) "Commission" means the Environmental Management Commission.
(4) "Committee" means the NPDES committee of the Environmental Management Commission.
(5) "Decontamination" means the physical or chemical process of reducing contamination and preventing the spread of contamination from persons and equipment at biological or chemical agent incidents.
(6) "Department" means the Department of Environmental Quality.
(7) "Director" means the Director of the Division of Water Resources or Division of Energy, Mineral and Land Resources, in the Department of Environmental Quality, whichever is the permitting authority, or his or her designee.
(8) "Discharges associated with biological or chemical decontamination" means the wastewater that is produced during activities intended to reduce potential biological or chemical contaminants and that are performed under the specific conditions listed in 15A NCAC 02H .0106(f)(11).
(9) "Division" means the Division of Water Resources or the Division of Energy, Mineral and Land Resources, Department of Environmental Quality, whichever is the permitting authority.
(10) "EPA" means the United States Environmental Protection Agency.
(11) "Existing", with respect to implementing the NPDES permitting program, means:
(a) facilities that physically exist and have been legally constructed prior to the adoption of state or federal regulatory requirements for new facilities. For the purposes of this definition, "legally constructed" means that the facility obtained all necessary approvals for construction in accordance with local, state, and federal regulations;
(b) facilities that have received an NPDES Permit and have received an Authorization to Construct and have constructed or begun significant construction of any wastewater treatment facilities within the term of the current permit; or
(c) facilities that have received a phased NPDES Permit and have received an Authorization to Construct for a phase of the permitted flow and have constructed or begun significant construction of the phased wastewater treatment facilities.
For the purpose of this definition, significant construction shall be considered as more than a nominal investment of money or other resources in the construction of the wastewater treatment facility, based on the facility size, complexity, cost and the required construction time for completion, in accordance with 15A NCAC 02B .0407, Guidance for Determining a New Source.
(12) "General Permit" means a "permit" issued under G.S. 143-215.1(b)(3) and (4) and 40 CFR 122.28 authorizing a category of similar discharges to surface waters.
(13) "Mine dewatering" means discharges of uncontaminated infiltrate and stormwater from mine excavation and the water that is removed to lower the water table to allow mining in an area.
(14) "Municipality" means a city, town, borough, county, parish, district, or other public body created by or under State law.
(15) "NPDES Permit" means a National Pollutant Discharge Elimination System permit required for the operation of point source discharges in accordance with the requirements of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.
(16) "New", with respect to implementing the NPDES permitting program, means:
(a) proposed facilities that do not have an NPDES Permit nor have any facilities constructed;
(b) facilities that physically exist, however are not legally constructed. For the purposes of this definition, "legally constructed" means that the facility obtained all necessary approvals for construction in accordance with local, state, and federal regulations;
(c) facilities that have received an NPDES Permit and, where necessary, an Authorization to Construct but have not begun significant construction of any wastewater treatment facilities within the term of the current Permit. For the purpose of this definition, construction shall be considered to be "significant" if more than a nominal investment of money or other resources has been invested in the construction of the wastewater treatment facility, based on the facility size, complexity, cost, and the required construction time for completion, in accordance with 15A NCAC 02B .0407, Guidance for Determining a New Source; or
(d) any facility that increases treatment plant hydraulic capacity without first obtaining an Authorization to Construct in accordance with Rule .0138 of this Section.
(17) "New Source" means any industrial installation from which there may be a discharge, the construction or modification of which is commenced on or after the date of publication of new source performance standards or pretreatment standards for new sources by the Environmental Protection Agency.
(18) "New Source Performance Standards" means those treatment performance standards applied to a "new source", such as standards set forth in Title 40, Subchapter N, of the Code of Federal Regulations (Effluent Guidelines and Standards).
(19) "Notice of Intent" means written notification to the Division that a discharge, facility or activity is intended to be covered by a general permit in accordance with Rules .0105 and .0127 of this Section.
(20) "Oil terminal storage facilities" means petroleum bulk storage, product transfer, loading, unloading, and related areas but does not include marinas or facilities engaged in the retail sale of petroleum products. For the purposes of determining eligibility for general permits per 15A NCAC 02H .0127, oil/water separators such as those at maintenance garages, gas stations, and National Guard and military reserve facilities shall be considered to be oil terminal storage facilities.
(21) "Once-through non-contact cooling water" means water taken from wells, surface waters, or water supply systems and used in a non-contact cooling system without the addition of biocides or other chemical additives. Boiler blowdown waters are included in this definition. Nuclear and fossil fuel electric generating plants are not included in this definition.
(22) "Point Source" means any discernible, confined, and discrete conveyance, including, but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal-feeding operation, or vessel or other floating craft from which wastes are or may be discharged to the surface waters of the State.
(23) "POTW" means Publicly Owned Treatment Works.
(24) "Pretreatment standard" means any regulation containing pollutant discharge limits for indirect dischargers for ensuring compliance with Section 307(b) and (c) of the Clean Water Act, 33 U.S.C. Section 1251 et seq. This term includes prohibited discharge limits and local sewer use ordinance limits.
(25) "Primary industry" means an industry listed in 40 CFR 122, Appendix A, which is hereby incorporated by reference including any subsequent amendments and editions. These regulations can be accessed free of charge at .
(26) "Professional Engineer" means a person who is registered and licensed as a professional engineer by the North Carolina Board of Examiners For Engineers and Surveyors.
(27) "Sand dredge" means a facility that removes sand from river bottoms. No other mining activities are included in this definition.
(28) "Seafood packing facility" means a business that is engaged in the sorting and packing of fresh seafood and that has a discharge consisting entirely of washdown and rinse water. Trout packing facilities are included in this definition. Wastewaters from seafood processing plants are not included in this definition.
(29) "Seafood processing facility" means a business that is engaged in the removal of heads, entrails, fins or scales, filleting, cooking, canning, or preparation of fresh seafood.
(30) "Staff" means the Division, or its successor.
(31) "Stormwater" is defined in G.S. 143, Article 21.
(32) "Swimming pool filter backwash" means normal filter backwash water from both public and private swimming pools or from spas with filter backwash facilities.
(33) "Tourist Gem Mine" means a business that is engaged in the recreational practice of removing gems and semi-precious stones from mined material.
(34) "Trout farm" means a facility for the commercial production of trout.
(35) "Water filtration facility" means backwash filters and sludge disposal systems associated with water treatment plants and backwash filters associated with wells.
History Note: Authority G.S. 106-399.4; 143-215.1(a); 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. September 1, 1995; March 1, 1993; August 3, 1992; August 1, 1991;
Temporary Amendment Eff. May 11, 2001;
Temporary Amendment Expired on February 26, 2002;
Amended Eff. April 1, 2003;
Readopted Eff. May 1, 2020;
Amended Eff. July 1, 2020.
15A NCAC 02H .0104 REQUIRED PERMITS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(a);
Eff. February 1, 1976;
Amended Eff. December 1, 1984;
Repealed Eff. November 1, 1987.
15A NCAC 02H .0105 APPLICATION: PERMIT FEES: ASSESSMENT FOR NEW SOURCES
(a) Permit Applications.
(1) Except as provided in Paragraphs (d) and (e) of this Rule, any person who discharges or who proposes to discharge pollutants to the surface waters of the state or to a POTW when pretreatment of the wastewater is required shall complete, sign, and submit to the Director three copies of its permit application as described in this Rule or one copy of the application if submitted electronically in accordance with 40 CFR Parts 3 and 127.
(2) Application for state NPDES or pretreatment permits shall be made on EPA application forms. EPA forms can be accessed free of charge at .
(3) Notice of Intent to seek coverage under a general NPDES permit shall be made in accordance with Rule .0127 of this Section.
(4) Where the Division is the control authority, application for pretreatment permits shall be made in accordance with 15A NCAC 02H .0916(b) and shall include the information required in Subparagraph (c)(1) of that Rule.
(5) Application for Authorization to Construct permits shall be made in accordance with Rule .0138 of this Section.
(b) Permit Fees.
(1) Application Fees. Every application for a new NPDES permit or major modification of an existing NPDES permit, every Notice of Intent to be covered by a general permit, and every application for a special order by consent shall be accompanied by a nonrefundable application fee in the amount stated in G.S. 143-215.3D and in accordance with Parts (A)-(D) of this Subparagraph.
(A) Each application or notice of intent shall be considered incomplete until the application fee is received.
(B) For a facility with multiple discharges under a single permit, the application fee shall be set by the single discharge to the waters of the state with the highest applicable fee in the fee schedule.
(C) No application fee shall be charged for modification of unexpired permits when the modifications are initiated by the Director.
(D) No application fee shall be charged for renewal of an existing NDPES permit except that, if the permittee also requests a major modification for new or increased flows or other change that requires a substantial evaluation of permit conditions, such as in Paragraph (c) of this Rule, an application fee for such major modification shall be charged.
(2) Annual Fees. Except as provided in this Subparagraph, an annual fee shall be charged in each year of the term of every NPDES permit, according to the fee schedule in G.S. 143-215.3D.
(A) Annual fees shall be billed each year in the calendar month in which the original permit was issued. The Director may change the billing month at the request of or with the consent of the permittee and shall prorate the ensuing annual fee to account for the added or reduced length of the affected billing period.
(B) When a new permit or major modification requested by the permittee is issued, the application fee shall be accepted as payment for the ensuing annual fee for that permit; if the permit or the modification is not issued, the application fee shall not be refunded.
(C) If an existing permit expires but qualifies for administrative extension under Rule .0112 of this Section, annual fees shall continue to be charged as long as the permit remains in effect.
(D) For a facility with multiple discharges under a single permit, the annual fee shall be set by the single discharge to the waters of the state with the highest applicable fee in the fee schedule.
(E) A person with multiple permits may have annual fees consolidated into one annual bill.
(F) Each application or notice of intent submitted pursuant to Paragraph (a) of this Rule shall be considered incomplete until annual fees due at the time of application, if any, are received by the Division.
(G) Permit Application Fees and Annual Fees for pretreatment facilities permitted by the Division shall be at the same rate as provided in G.S. 143-215.3D for NPDES facilities.
(3) No fees shall be required to be paid under this Rule by a farmer who submits an application or receives a permit that pertains to farming operations.
(4) Failure to pay an annual fee within 30 days after being billed is grounds for the Division to initiate action to revoke the permit in accordance with G.S. 143-215.1(b)(4)(c).
(5) Payment of fees shall be made in the form of a check or money order made payable to N.C. Department of Environmental Quality.
(6) Any applicant whose facility qualifies for a general permit under Rule .0127 of this Section shall be charged the amount provided in G.S. 143-215.3D for the appropriate general permit.
(c) Engineering Alternatives Analysis. In addition to applications required in Paragraph (a) of this Rule, applicants for NPDES permits for new or expanding discharges requiring construction of water pollution control facilities shall file with the Director two copies of an engineering proposal or, alternatively, one printed copy of the proposal and one complete copy if submitted electronically in accordance with 40 CFR Parts 3 and 127. The proposal shall set forth the following information:
(1) a description of the origin, type and flow of waste that is proposed to be discharged. The proposal shall include a rationale and a demonstration of need for the projected flow volumes. Flow shall be determined in accordance with 15A NCAC 02T .0114;
(2) a summary of the available waste treatment and disposal options that were considered and why the proposed system and point of discharge were selected; the summary shall have sufficient detail to establish that the most environmentally sound alternative was selected from the reasonably cost effective options;
(3) a narrative description of the proposed treatment works, including type and arrangement of major components, in sufficient detail to ensure that the proposed facility has the capability to comply with the permit limits; plans and specifications shall be required with the permit application for any system or component without established treatment capabilities for the type of waste to be treated or the degree of treatment needed to meet the permit limits;
(4) a location map, showing orientation of the facility with reference to at least two geographic references such as numbered roads, named streams and rivers, or landmarks;
(5) a scale location plan of the site showing location of the proposed treatment works and the proposed point of discharge;
(6) reports on special studies or modeling in cases where the impacts of the discharge have not yet been determined through computer modeling or other analysis of the proposed discharge; and
(7) a statement to demonstrate financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G.S. 143-215.1(b)(4)(b).
(d) In addition to providing applications required in Paragraph (a) of this Rule, applicants for new individual NPDES permits requiring construction of stormwater control facilities shall design and construct the facilities in accordance with criteria set forth in 15A NCAC 02H .1050-.1062 or file an engineering proposal in accordance with Paragraph (c) of this Rule.
(e) Applications for permit renewals.
(1) Applications for permit renewals shall be made by filing the required application form or forms, as listed in Paragraph (a) of this Rule, with the applicable fee, if any, as specified in Paragraph (b) of this Rule, at least 180 days prior to expiration of a permit.
(2) The notice and public participation procedures set forth in Rules .0109 and .0111 of this Section shall be followed for each request for permit renewal.
(3) A residuals management plan shall be submitted with the application for permit renewal in accordance with Rule .0138(b)(8) of this Section.
(4) Authorizations to Construct permits for wastewater control facilities shall not be subject to the notice and public participation procedures set forth in Rules .0109 and .0111 of this Section. Authorizations to Construct may be issued for any length of time, however, the NPDES permit must be in effect at time of construction.
(5) All applications are incomplete until required application fees are received, and incomplete applications may be returned to the applicant.
(f) Applications for permits for pretreatment facilities shall be made upon forms approved by the Director and submitted along with applicable supporting information to the Division of Water Resources. Applications may be submitted in printed form or submitted electronically in accordance with 40 CFR Parts 3 and 127. Applications shall include, at a minimum, the information specified in 15A NCAC 02H .0916.
(g) Applications for permits for new or modified discharges to the surface waters that meet the criteria established in or pursuant to G.S. 113A, Article 1, shall include, in addition to the application forms, fees, and supporting documents required in Paragraphs (a) and (e) of this Rule, an environmental assessment that shall meet the requirements of 01 NCAC 25 .0500. Any assessment that is required by any other state agency or any federal agency shall be deemed to comply with requirements of this Paragraph so long as it considers the potential aquatic impacts of the proposed discharge.
(h) Permits that result in construction of facilities that will be funded by public monies may require environmental documentation pursuant to North Carolina Environmental Policy Act, G.S. 113A. NPDES permit applications for which such documentation is required shall be considered incomplete until supported by the required documentation.
(i) Applicants for permits for new nonmunicipal domestic wastewater discharges shall file a notarized statement indicating whether or not each city or county government having jurisdiction over any part of the lands on which the proposed facility is to be located has a zoning or subdivision ordinance in effect, and, if such an ordinance is in effect, whether or not the proposed facility is consistent with the ordinance.
(j) For NPDES permits, a full disclosure of all known toxic components that can be reasonably expected to be in the discharge, including but not limited to those contained in a priority pollutant analysis, must be submitted for all primary industrial direct discharges in accordance with 40 CFR 122.21 Appendix D, which is hereby incorporated by reference including any subsequent amendments and editions, and for other direct discharges as required by the Director. These regulations can be accessed free of charge at .
History Note: Authority G.S. 143-215.1(c); 143-215.1(c)(6); 143-215.3(a); 143-215.3(a); 143-215.3D;
Eff. February 1, 1976;
Amended Eff. March 1, 1993; August 1, 1991; October 1, 1990; August 1, 1988;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0106 FILING APPLICATIONS
(a) Permit applications shall be filed with the Director, Division of Water Resources. The Director's mailing address is 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617.
(b) All NPDES permit applications, except those addressed in Paragraph (d) of this Rule, shall be filed at least 180 days before the date on which the discharge is to commence and, thereafter, at least 180 days before the expiration date of the existing permit. The director may grant permission for a later date on a case-by-case basis.
(c) All Authorization to Construct applications shall be filed at least 90 days in advance of the proposed commencement date of construction of water pollution control facilities but no earlier than the establishment of effluent limitations.
(d) All NPDES stormwater construction permit applications shall be filed in advance of the proposed commencement date of land disturbing activity that results in a stormwater discharge.
(e) Permit applications filed with the Director shall be signed as follows:
(1) in the case of corporations, by a principal executive officer of at least the level of vice-president, or his or her authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates;
(2) in the case of a partnership or a limited partnership, by a partner;
(3) in the case of a sole proprietorship, by the proprietor; and
(4) in the case of a municipal, state, or other public entity by either a principal executive officer, elected official, or other duly authorized employee.
(f) The following discharges are deemed to be permitted pursuant to G.S. 143-215.1(c) provided that no water quality standards are contravened, or expected to be contravened, and it shall not be necessary for the Division to issue separate permits for these activities:
(1) filter backwash and draining associated with swimming pools;
(2) filter backwash from raw water intake screening devices;
(3) condensate from residential or commercial air conditioning units;
(4) individual non-commercial vehicle washing operations;
(5) flushing and hydrostatic testing water associated with utility distribution systems;
(6) discharges associated with emergency removal and treatment activities for spilled oil authorized by the federal or state on-scene coordinator when such removals are undertaken to minimize overall environmental damage due to an oil spill;
(7) groundwaters generated by well construction or other construction activities;
(8) landscape irrigation, foundation or footing drains, or water from crawl space pumps;
(9) street wash water;
(10) flows from fire fighting; and
(11) excluding the provision in Subparagraph (f)(6) of this Rule, discharges associated with biological or chemical decontamination activities performed as a result of an emergency declared by the Governor or the Director of the Division of Emergency Management and that are conducted by or under the direct supervision of the federal or state on-scene coordinator and that meet the following specific conditions:
(A) the volume of discharge produced by the decontamination activity is too large to be contained on-site;
(B) the Division of Water Resources is informed prior to commencement of the discharge from the decontamination activity;
(C) overland flow or other non-discharge options are deemed to be impractical by the authorities conducting the decontamination activity; and
(D) the discharge is not radiologically contaminated.
(g) A wastewater treatment facility or treatment unit that is taken out of service but contains waste or residuals that could be discharged to surface waters or otherwise present an environmental or public health risk under foreseeable circumstances, including severe weather events, shall remain subject to NPDES permit requirements until the waste or residuals of concern are disposed in accordance with applicable standards and the permit is rescinded by the Director.
History Note: Authority G.S. 106-399.4; 143-215.1(b)(3); 143-215.1(c); 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987; January 1, 1984; November 1, 1978;
Temporary Amendment Eff. May 11, 2001;
Temporary Amendment Expired on February 26, 2002;
Amended Eff. April 1, 2003;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0107 STAFF REVIEW AND EVALUATION
(a) The Director is authorized to accept applications for the Commission and shall refer all applications to the staff for review and evaluation. Additionally, the Director shall refer NPDES Permit applications for the discharge of waste into waters classified as sources of public water supply (WS classification) and shellfish waters classified SA to the Public Water Supply Section, Division of Water Resources, and the Shellfish Sanitation Program, Division of Marine Fisheries, respectively, both of the Department of Environmental Quality, and shall not take final action on such applications until receiving written confirmation that the proposed discharge is acceptable.
(b) The Director shall acknowledge receipt of an NPDES or Authorization to Construct permit application upon verifying that the application is administratively complete, that is, includes the completed and signed application forms specified in Rule .0105(a) of this Section, any necessary supplemental information, and any associated fees, in accordance with Rules .0105 and .0106 of this Section.
(1) If an application is not administratively complete, the Director shall either return the application to the applicant as incomplete or request the additional information required. If additional information is requested, the applicant shall be given up to 60 days to provide the information to make the application complete.
(2) If technical review of the application reveals that additional information is necessary for staff to evaluate the proposed discharge, the Director shall notify the applicant of the additional information required. The applicant may be given up to 60 days to provide the information to make the application complete.
(c) The staff shall review the application, supplemental information, and other pertinent information, such as monitoring data, compliance records, special studies, and water quality management plans, and shall make a tentative determination to issue, reissue, deny, modify, revoke, rescind, or deny the permit.
(1) The staff shall conduct a site investigation of each facility prior to making its tentative determination regarding the NPDES permit. On-site investigations shall not be necessary for Authorization to Construct permits, activities covered under general permits, and renewal of individual permits when renewal does not require significant reevaluation of permit conditions such as to address expansion of treatment plant capacity, modification of the wastewater treatment process, or changes in the nature or source of wastewaters to be treated.
(2) If the staff's tentative determination in Subparagraph (1) of this Paragraph is to issue the permit, it shall if necessary make the following additional determinations in writing:
(A) proposed effluent limitations for those pollutants proposed to be limited;
(B) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations; and
(C) a description of any other special conditions proposed in the draft permit.
(3) The staff shall organize the determinations made pursuant to Subparagraphs (1) and (2) of this Paragraph into a draft permit.
(d) In the case of permits for which Notice of Intent is given in accordance with Rules .0105 and .0127 of this Section, a Certificate of Coverage under a general permit may be issued directly to the applicant in lieu of any other acknowledgment. If the discharge is not eligible for coverage under the general permit, or if the Notice of Intent is not complete and accompanied by the required application fee, the Notice of Intent shall be returned to the applicant with an explanation of the inadequacies.
History Note: Authority G.S. 130-161; 143-215.3(a)(1); 143-215.3(a)(4); 143-215.1(a);
143-215.1(c);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; August 1, 1991; August 1, 1988; October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0108 FACT SHEETS
(a) For all discharges that do not qualify for a general NPDES permit and that have a total volume of 500,000 or more gallons on any day, a fact sheet providing a summary of the application shall be prepared by the staff and made available upon request following issuance of the public notice provided in accordance with Rule .0109 of this Section. The contents of such fact sheets shall include at least the following information:
(1) a sketch, map, or description of the location of the facility and any waste outlet identified in the application;
(2) a quantitative and qualitative description of the discharge described in the application that includes at least the following:
(A) the rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in gallons per day or million gallons per day;
(B) for thermal discharges subject to limitation under the Clean Water Act, 33 U.S.C. Section 1251 et seq., the average summer and winter temperatures in degrees Fahrenheit;
(C) the average daily discharge in pounds per day of any pollutants that are subject to limitations or prohibition; and
(D) the type and characteristics of the wastes to be discharged.
(3) the tentative determinations required under Rule .0107 of this Section;
(4) a citation of the water quality standards and effluent standards and limitations applied to the proposed discharge, including the uses for which the receiving waters have been classified; and
(5) a more detailed description of the procedures for the formulation of final determinations than that given in a public notice including:
(A) the 30-day comment period required by Rules .0109 and .0111 of this Section;
(B) procedures for requesting a public hearing in accordance with Rule .0111 of this Section, and the nature thereof; and
(C) any other procedures by which the public may participate in the formulation of the final determinations.
(b) Any person, upon request, shall be furnished, without charge, one copy of any fact sheet.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(c)(2)(a);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; August 1, 1988; October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0109 PUBLIC NOTICE
(a) Notice of Application
(1) The Director shall provide public notice of each tentative determination to issue or deny an individual or general NPDES permit as follows:
(A) by publishing the notice one time in a newspaper having general circulation in said county, in accordance with G.S. 143-215.1(c)(2); and
(B) by mailing the notice or transmitting the notice electronically to all persons or agencies listed in Paragraphs (c) and (d) of this Rule.
(2) The notice shall allow at least 30 days for public comment on the draft permit and the proposed final action.
(3) The notice shall set forth at least the following:
(A) name, address, and phone number of the agency issuing the public notice;
(B) name and address of each applicant;
(C) a summary of each applicant's activities or operations that result in the discharge described in the NPDES application;
(D) name of waterway to which each discharge is made and a description of the location of each discharge on the waterway indicating whether such discharge is a new or an existing discharge;
(E) a statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the NPDES application or general permit;
(F) a summary of the procedures for the formulation of final determinations, including a 30-day comment period and any other means by which interested persons may influence or comment upon the determinations; and
(G) address and phone number of state agency premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the fact sheet, and inspect and copy NPDES application forms and related documents. Copies of the fact sheet shall be made available free upon request. Copies of the information on file, other than fact sheets, shall be made available upon request and payment of the cost of reproduction.
(4) Public notice for those activities covered by Certificates of Coverage issued pursuant to a general permit and for Authorizations to Construct shall not be required.
(b) Notice of Public Hearing
(1) The Director shall provide public notice of each public hearing on any NPDES permit application:
(A) by publishing the notice one time in a newspaper having general circulation in said county, in accordance with G.S. 143-215.1(c)(3), provided that, to the extent publication by electronic means is lawful, such publication may be substituted for newspaper publication;
(B) by mailing the notice or transmitting the notice electronically to all persons and government agencies that received a copy of the notice or the fact sheet for the NPDES application; and
(C) by mailing the notice or transmitting the notice electronically to any person or group upon request.
(2) The notice of any public hearing shall include at least the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the hearing;
(C) name of waterway to which each discharge is made and a description of the location of each discharge on the waterway;
(D) a reference to the public notice issued for each NPDES application including identification number and date of issuance;
(E) information regarding the time and location for the hearing;
(F) the purpose of the hearing;
(G) address and phone number of premises at which interested persons may obtain further information, request a copy of each draft NPDES permit, request a copy of each fact sheet, and inspect and copy NPDES forms and related documents; and
(H) a summary of the nature of the hearing including the procedures to be followed. The notice shall also state that additional information is on file with the Department of Environmental Quality, Division of Water Resources, at the Archdale Building at 512 North Salisbury Street, Raleigh, North Carolina, and may be inspected at any time during normal business hours, 8 a.m. to 5 p.m. Copies of the information on file shall be made available upon request and payment of cost of reproduction.
(c) The Director shall also give notice of draft NPDES permits and related public hearings to the following:
(1) state water pollution control agency for the States of Virginia, South Carolina, Tennessee, and Georgia;
(2) appropriate district engineer, U.S. Army Corps of Engineers;
(3) lead agency responsible for preparation of plan pursuant to Section 208(b) of the Clean Water Act, 33 U.S.C. Section 1251 et seq.; in approved 208 areas;
(4) state agency responsible for the preparation of plans pursuant to Section 303(e) of the Clean Water Act, 33 U.S.C. Section 1251 et seq.;
(5) any user identified in the permit application of a privately owned treatment works; and
(6) any other federal, state, or local agency upon request.
(d) Mailing Lists. Any person may request to receive copies of all notices required under this Rule, and the Director shall provide such copies to any such person. The Director shall establish and maintain an NPDES mailing list for this purpose. The Director may distribute notices, or otherwise make them available, by electronic means at no charge.
History Note: Authority G.S. 143-215.1(a)(1); 143-215.1(c); 143-215.4(a); 143-215.4(c);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; August 1, 1988; October 1, 1987; December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0110 RESPONSE TO PUBLIC NOTICE
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(c)(3); 143-215.3(a)(3); 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. November 1, 1987.
15A NCAC 02H .0111 PUBLIC HEARINGS
(a) Public Hearings:
(1) Any person who desires a public hearing on any NPDES permit application shall submit a request to the Director in accordance with G.S. 143-215.1(c)(3). Any such request or petition for public hearing shall indicate the interest of the party filing such request and the reasons why a hearing is warranted.
(2) The Director shall determine whether a public hearing is warranted in accordance with G.S. 143-215.1(c)(3) and, if a hearing is warranted, shall issue public notice and conduct such hearing for the Commission. The Director may hold one or more hearings to consider an NPDES permit application or to consider a group of related NPDES permit applications, such as for facilities of similar type or location or subject to similar permit requirements.
(3) All comments received within 30 days following the publication date of the notice of NPDES permit application shall be made part of the application file and shall be considered by the Director prior to taking final action on the application.
(4) Any hearing brought pursuant to this Paragraph shall be held in the geographical area of the proposed discharge except that the Director may choose one or more alternative locations in the interest of facilitating public participation. If two or more hearings are held for a single permit application or for groups of similar applications, the hearings shall be located so as to provide for public participation across the geographical area of the permits.
(b) Adjudicatory Hearings and appeals shall be conducted in accordance with Article 3 of Chapter 150B of the General Statutes.
History Note: Authority G.S. 143-215.1(c)(1); 143-215.1(e); 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.5;
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0112 FINAL ACTION ON PERMIT APPLICATIONS
(a) The Director shall take final action on all NPDES applications in accordance with G.S. 143-215.1(c)(4). In the case of an Authorization to Construct permit, the Director shall take final action within 90 days after the receipt of a complete application; or, if a public hearing is held concerning the Authorization to Construct, within 90 days following the closing of the record of the hearing.
(b) The Director shall:
(1) issue a permit containing such conditions as are necessary to effectuate the purposes of G.S. 143-215.1 and G.S. 143-215.67;
(2) issue a permit containing time schedules for achieving compliance with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements;
(3) modify or revoke any permit upon giving 60 days notice to the person affected pursuant to Rule .0114(a) of this Section;
(4) rescind a permit upon request by the permittee; or
(5) deny a permit application:
(A) where necessary to effectuate the purposes of Article 21 Chapter 143;
(B) for a discharge prohibited by G.S. 143-214.2(a);
(C) where the Secretary of the Army finds the discharge would substantially impair anchorage and navigation;
(D) for a discharge to which the regional administrator of EPA has objected as provided in Section 402(d) of the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq.; and
(E) for any point discharge that conflicts with a plan approved pursuant to Section 208(b) of the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq.; effective February 4, 1987.
(c) No permit may be issued until the applicant provides sufficient evidence to ensure that the proposed system will comply with all applicable water quality standards and requirements. No permit may be issued when the imposition of conditions cannot reasonably ensure compliance with applicable water quality standards and regulations of all affected states.
(d) Duration of Permits. NPDES permits shall be issued or renewed for a period not to exceed five years.
(e) Continuation of expiring permits. Notwithstanding Paragraph (d) of this Rule, the conditions of an expired permit shall remain effective and enforceable until the effective date of a new permit, or until otherwise terminated, if:
(1) the permittee has submitted a timely and complete application under Rule .0106 of this Section; and
(2) the Director, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(f) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Director may act in accordance with 40 CFR 122.6(c), which is hereby incorporated by reference, including all subsequent amendments or editions, or take any action authorized by Article 21 of Chapter 143 of the North Carolina General Statutes.
History Note: Authority G.S. 143-214.2(a); 143-215; 143-215.1(b); 143-215.1(c)(4); 143-215.1(c)(5); 143-215.2(a); 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; October 1, 1987; September 1, 1986; December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0113 NOTIFICATION OF APPLICANTS
The Director shall notify an applicant of the final decision of the applicant's permit application. Notifications of denial shall be made by certified mail and shall specify the reasons for the denial and the changes required to obtain the permit.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0114 MODIFICATION AND REVOCATION OF PERMITS
(a) Any permit issued pursuant to this Section is subject to revocation or modification in whole or part pursuant to 40 CFR 122.62 or for any of the following:
(1) violation of any terms or conditions of the permit;
(2) obtaining a permit by misrepresentation or failure to disclose all facts;
(3) a change in any condition that requires either a temporary or permanent reduction or limitation of the permitted discharge;
(4) refusal of the permittee to permit the Director or his or her authorized representative upon presentation of credentials:
(A) to enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the permit;
(B) to have access to any copy and records required to be kept under terms and conditions of the permit;
(C) to inspect any monitoring equipment or method required in the permit; or
(D) to sample any discharge of pollutants;
(5) failure to pay the annual permit fee in accordance with Rule .0105 of this Section.
(b) Modifications and reissuance of permits shall be subject to the same public notice and other procedural requirements as set forth in this Section for the issuance of permits except as follows:
(1) modifications of the monitoring program contained in the permit;
(2) name changes or changes in the ownership of the discharge when no other change in the permit is indicated;
(3) a single modification of any compliance schedule not in excess of four months;
(4) modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational;
(5) modifications to include or amend pretreatment program requirements;
(6) issuance of permits revoked for failure to pay the annual permit fee; and
(7) minor modifications, such as typographical errors, incorrect maps, and similar minor changes.
History Note: Authority G.S. 143-215.1(b)(3); 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; September 1, 1988; November 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0115 PUBLIC ACCESS TO RECORDS
(a) All materials, including records, reports, data, maps, diagrams, draft or final permits, fact sheets, or other documents or information and any public comments, in printed or electronic form, submitted to the Commission, the Secretary, or the Director are public records in accordance with Section 143-215.3C and Chapter 132 of the General Statutes and 40 CFR 122.7(b)-(c) and are subject to disclosure pursuant to G.S. 132-6 unless the materials qualify as confidential information as defined therein.
(b) The Director shall determine which information is entitled to confidential treatment. In the event the Director determines that such information is entitled to confidential treatment, he or she shall take steps to protect such information from disclosure. He or she shall submit the information considered to be confidential to the Regional Administrator, EPA, Region IV, for concurrence in his or her determination of confidentiality.
(c) Confidentiality of Information. Any request for a determination of confidentiality shall be subject to the following:
(1) Any claim of confidentiality shall be made by marking "confidential" or "trade secret" on each page containing such information.
(2) Until a claim of confidentiality is made, all materials submitted pursuant to the rules of this Section are public records and subject to disclosure in accordance with G.S. 132-1.
(3) Upon receiving a request for confidentiality, the Director shall maintain the affected materials separately from public record documents and shall not disclose the materials unless or until he or she determines in accordance with G.S. 143-215.3C and 132-1.2 and 40 CFR 122.7(b)-(c) that the materials do not qualify as confidential information.
(4) The Director may consult with the EPA Region 4 Administrator regarding whether materials marked as "confidential" or "trade secret" qualify as confidential information.
(5) Upon reviewing a request for confidentiality, the Director shall notify the applicant of his findings. If the Director determines that the materials or any portions thereof do not qualify as confidential information, those portions shall not be released for at least 60 days following the notification of findings. If the applicant files a contested case in response to the Director's decision, the materials shall not be released until conclusion of the contested case and then according to the court's decision. If the Director determines that the materials or any portions thereof qualify as confidential information, the Director shall continue to protect such information from disclosure.
(d) The following information may not be claimed and shall not qualify as "confidential" or "trade secret":
(1) The name and address of any permit applicant or permittee;
(2) Permit applications, including information or data required to be disclosed on the NPDES application forms pursuant to Rule .0105 of this Section or in printed or electronic attachments or appendices to such NPDES application forms; and
(3) Permits and effluent data.
History Note: Authority G.S. 132-6; 143-215.3(a)(1); 143-215.3(a)(2); 143-215.3(a)(4); 143-215.3C; 143-215.65;
Eff. February 1, 1976;
Amended Eff. March 1, 1993; October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0116 EMERGENCY PROCEDURES
History Note: Authority G.S. 143-215.3(a)(8); 143-215.3(a)(12); 143-215.6C; 143-215.13(d);
Eff. February 1, 1976;
Amended Eff. December 1, 1984; November 1, 1978;
Repealed Eff. May 1, 2020.
15A NCAC 02H .0117 INVESTIGATIONS: MONITORING: AND REPORTING
(a) Staff of the Department of Environmental Quality may conduct any investigations as provided in G.S. 143-215.3(a)(2), (7), and (9) for the purpose of determining compliance with water quality standards, effluent limitations, permit conditions and these Rules.
(b) Any person subject to the provisions of G.S. 143-215.1 shall comply with the monitoring and reporting requirements of Rules in Section 15A NCAC 02B .0500.
(c) Any person subject to the provisions of G.S. 143-215.1 shall allow the Director or his or her authorized representative:
(1) to enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the permit;
(2) to have access to any copy and records required to be kept under terms and conditions of the permit;
(3) to inspect any monitoring equipment or method required in the permit; or
(4) to sample any discharge of pollutants.
History Note: Authority G.S. 143-215.1(b)(1); 143-215.3(a)(1); 143-215.3(a)(2); 143-215.3(a)(4); 143-215.3(a)(7); 143-215.3(a)(9); 143-215.63;
Eff. February 1, 1976;
Amended Eff. March 1, 1993; October 1, 1987; December 1, 1984; November 1, 1978;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0118 EFFLUENT LIMITATIONS AND STANDARDS
Any state NPDES permit shall contain effluent limitations and standards required by 15A NCAC 02B .0400 and the Clean Water Act, which is hereby incorporated by reference including any subsequent amendments and editions. 15A NCAC 02B .0400 contains the effluent standards and limitations for ensuring compliance with Sections 301, 302, 306, and 307 of the Clean Water Act (33 USC 1251, et seq.). For water quality limited stream segments, the rules provide that effluent limitations be calculated by the staff, and approved by the Director, to comply with Section 301(b)(1)(C) of the federal act. The state rules can be accessed free of charge at . The Clean Water Act (33 U.S.C. 1251, et seq.) can be accessed free of charge at .
History Note: Authority G.S. 143-213(23); 143-215; 143-215.1(b)(1); 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0119 DISCHARGES OF 50,000 GALLONS PER DAY OR LESS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. December 1, 1984.
15A NCAC 02H .0120 LIMITATION ON DELEGATION
The Director may delegate any or all of the functions contained in this Section except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by the permittee;
(3) modification of a permit where initiated by the Division and that does not fall within the exceptions listed in Rule .0114(b) of this Section; or
(4) determination of confidentiality pursuant to G.S. 132 and 143-215.3C.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. March 1, 1993;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0121 SUSPENSION OF REQUIREMENT FOR STATE NPDES PERMITS
(a) An NPDES Permit issued by the U.S. Environmental Protection Agency shall serve in lieu of a State Permit under Rule .0104 of this Section and G.S. 143-215.1 so long as the Federal Permit remains in effect.
(b) Nothing in this Rule shall prevent the Commission from enforcing laws and regulations that by their terms are applicable without a G.S. 143-215.1 permit.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143B-282;
Eff. December 1, 1976;
Amended Eff. December 1, 1984;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0122 CONCENTRATED ANIMAL FEEDING OPERATIONS
(See 15A NCAC 02T .1300)
15A NCAC 02H .0123 REQUIREMENTS: EVALUATING FEEDLOT PERMIT APPLICATIONS
(See 15A NCAC 02T .1300)
History Note: Authority G.S. 143-213(24); 143-215; 143-215.1; 143-215.3(a)(1); 143-215.3(a)(I)(4);
Eff. December 1, 1976;
Amended Eff. March 1, 1993; October 1, 1987; December 1, 1984; June 7, 1981;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0124 RELIABILITY
All facilities shall provide adequate reliability measures to ensure continued treatment and disinfection where the interruption of such treatment would result in a discharge of insufficient quality to protect the best intended uses of the affected surface waters. The reliability measures shall include the following:
(1) For new or hydraulically expanding facilities with mechanically operated components, and for any facility that mathematical modeling or other analysis determines would impact surface waters if treatment were interrupted, multiple (dual at a minimum) components such as pumps, chemical feed systems, aeration equipment and disinfection equipment;
(2) At least one of the following:
(a) dual or standby power supply on site; or
(b) approval by the Director that the facility:
(i) serves a private water distribution system that has automatic shut-off at power failure and no elevated water storage tanks and has sufficient storage capacity that no potential for overflow exists; or
(ii) can tolerate septic wastewater due to prolonged detention and would not threaten the best intended uses of the affected waters as a result of power failure; or
(c) provided that the waters that would be impacted by a power failure are classified as C Waters, a demonstration by the applicant of:
(i) a history of power reliability that would demonstrate that an alternative power source would not be needed; or
(ii) other measures would provide comparable assurances that surface waters will not be impacted during power failures;
(3) For new or hydraulically expanding mechanical facilities, the treatment plant must contain parallel units for components in the liquid line, such as screening, primary sedimentation, biological treatment units, chemical and physical treatment units, clarifiers, disinfection and effluent filters, unless the applicant can demonstrate that this requirement is not necessary to ensure the reliability of one or more unit processes;
(4) For mechanical facilities with a design capacity equal to or greater than 5.0 MGD and continuous operation, 24 hours per day, seven days per week staffing with each shift staffed by at least one certified wastewater operator unless the applicant can demonstrate that this requirement is not necessary to ensure reliability of its facility;
(5) For facilities permitted under this Section, the permittee must designate an Operator in Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 08G .0201; and
(6) The Operator in Responsible Charge, or back-up operator when appropriate, must operate and visit the facility as required by the Water Pollution Control System Operators Certification Commission as established in 15A NCAC 08G .0200 et seq.
History Note: Authority G.S. 143-214.1; 143-215.1(b); 143-215.3(a)(1);
Eff. December 1, 1984;
Amended Eff. March 1, 1993; October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0125 PERMIT REQUIREMENTS FOR PEAT MINING
(a) Any person who discharges or proposes to discharge pollutants from a peat mining operation to the surface waters of the state shall apply for, obtain, and comply with an NPDES permit for the discharge per the rules of this Section. Application shall be made to the Division in accordance with Rule .0105 of this Section. The application shall also include the following information:
(1) a list of and copies of all permits required by G.S. 143 215.1 for the project site, or copies of the applications submitted for those permits, including permits for waste disposal for sanitary facilities, on-site power plants, or energy conversion facilities;
(2) supporting information to evaluate compliance with the requirements of this Rule, including maps, diagrams, calculations, assumptions, engineering specifications, and documentation of any proposed deed restrictions, easements, contracts, performance bonds, or other legal mechanisms intended to ensure long term effectiveness of proposed control and mitigation measures; and
(3) other information required by this Rule.
(b) Applicability. The requirements of this Rule shall apply to mining, reclamation, post-reclamation, and related activities at all peat mining operations that have a reasonable potential to cause or contribute to the violation of water quality standards or loss of designated uses in estuarine nursery areas or any other downstream waters. The water quality standards and uses of the waters shall be protected during all phases of a peat mining project, and the cumulative impacts of other peat mining or land uses shall be considered in the evaluation of each permit. Estuarine nursery areas include:
(1) all Primary and Secondary Nursery Areas as designated by the Marine Fisheries Commission or the Wildlife Resources Commission;
(2) all anadromous fish spawning grounds and nursery areas identified in publications of the N.C. Division of Marine Fisheries; and
(3) all other nursery areas designated or otherwise identified by the Marine Fisheries Commission or the Wildlife Resources Commission.
(c) Drainage:
(1) Canals draining peat mines shall not outlet directly into estuarine nursery areas and shall be directed towards freshwater bodies unless:
(A) evaluations based on dye tracer studies, computer modeling, or other analyses indicate that the drainage will not cause or contribute to impairment of those estuarine nursery areas; or
(B) the discharge is approved in advance by the Marine Fisheries Commission or Wildlife Resources Commission, whichever established the designation.
(2) If the evaluation in Subparagraph (1) or other analyses indicate that the drainage could flow into estuarine nursery areas or other downstream waters identified per Paragraph (b) of this Rule, the project shall be designed such that the total annual water released from the site does not exceed that expected from the site covered with mature natural vegetation. Mature natural vegetation is the assemblage of indigenous plants expected to occur on a proposed project site if it developed undisturbed. This expectation may include periodic disturbance by fire at natural frequencies and intensities. Also, the peak flows from the site shall be controlled by the use of management techniques, such as basins, that moderate release rates so that flows do not exceed those expected from the site undrained and with mature natural vegetation. For purposes of this Subparagraph, undrained is the state of the proposed project site without structures or features imposed by human agency intended to facilitate removal of surface or subsurface water. In modelling or other analysis required by this Rule, major canals existing as of September 1, 1986, at a density no greater than one per mile by one per 1/2 mile (or 320 acre blocks), may be allowed at the discretion of the Commission when it is determined that modeling techniques for evaluating "undrained" conditions are not available. Water management systems shall be designed to meet the flow control requirements of this Paragraph utilizing models or other quantitative methods in accordance with Paragraph (g) of this Rule and considering the historic range of rainfall conditions. At no time shall flows exceed those expected under conditions existing at the time of permit issuance.
(3) Peat mining projects shall comply with the flow restrictions in Subparagraph (2) within four years of permit issuance and must show yearly improvements in runoff volumes as stipulated in the project plan.
(d) Nutrients. The project shall be designed so that nutrient loadings discharged from the site are no greater than would occur if the site were covered with mature natural vegetation. However, more stringent conditions may be established if monitoring, modeling or other quantitative methods indicate that the nutrient discharges would result in:
(1) growths of microscopic vegetation such that chlorophyll a values are greater than the applicable standard established in 15A NCAC 02B .0200; or
(2) growths of microscopic or macroscopic vegetation that impair the intended best usage of the waters.
Peat mining projects shall comply with the nutrient restrictions in this Paragraph within four years of permit issuance and must show yearly improvements in nutrient loadings as outlined in the project plan.
(e) Sediment. Best management practices, including settling basins on field ditches, shall be utilized to control sediment in drainage waters. The levels of sediment discharged must be predicted for the different stages of the operation and evidence provided that these levels will not adversely affect the uses of the receiving waters. The deposition of windblown dust into both drainage and adjacent waters and the effects during and after fires must be included in this analysis. Details on the rate of sediment buildup and the frequency and procedures for removal in the various components for the water control system, including canals and settling basins, must be provided. Adequate sediment controls must be provided during maintenance and expansion of canals and water control structures to ensure that receiving waters conform to surface water quality standards and controls in 15A NCAC 02B .0200.
(f) Other pollutants. The characteristics of the drainage water leaving the site must be described for all phases of the project. Any substances that may be discharged during some phase of the project, including those in runoff or leachate from on-site storage of peat or ash, must be identified and their potential impacts evaluated. The application shall include the results of the characterization and evaluation and shall describe the measures that will be taken to comply with the water quality standards and to protect the uses of the receiving waters.
(g) Quantitative methods of analysis. Modelling or other quantitative methods of analysis shall be used to determine the effectiveness of proposed pollution control measures and shall, at a minimum, meet the following requirements:
(1) All factors that may affect the quality or quantity of the discharge must be included in the design and evaluation of the water control system, including factors such as individual storm events, sequential storm events, fires, various land uses during different stages of the project, recharge or discharge to the groundwater, and construction, expansion, filling-in and maintenance of ditches, canals, settling basins, and impoundments;
(2) The assumptions made for each analysis or condition must be listed and possible errors and the effects of such errors, including interactions, must be evaluated for each assumption;
(3) Situations under which the predictions would be inaccurate must be identified and evaluated;
(4) Conditions under which the proposed water control system would fail to comply with flow, nutrient, or other control requirements must be evaluated, including mechanical failures, and descriptions of the storage and flow capacities of all system components along with the intensities and durations of storms that would be expected to exceed the capacity of the various components during each phase of the project. The impact of such failures on water quality and flows must be evaluated;
(5) In order to evaluate the performance of the proposed system under all anticipated conditions, various methods of analyses shall be utilized, including detailed models using historical rainfall data, as well as methods based on individual design storms and runoff coefficients.
(h) Wetland or swamp discharges. A discharge to a wetland or swamp shall not cause or contribute to the violation of water quality standards or loss of designated uses in these waters. For purposes of this Rule, wetlands are as defined in the federal NPDES regulations in 40 CFR 122.2, including any subsequent amendments and editions. These regulations can be accessed free of charge at . Where available, determinations of wetland status by the U.S. Environmental Protection Agency or the U.S. Army Corps of Engineers may be used in making wetland evaluations. The Commission may also make determinations of wetland status and define where water quality standards and uses must be protected. The application shall include information on the size, topography, soils, flows, water depths, channels, vegetation, wildlife resources, uses by wildlife and man, and other characteristics of a proposed filter area in order to demonstrate that the discharge will flow in the desired direction, that sheet flow and water quality benefits will be maintained over the long-term, and that water quality and existing uses of the area will not be threatened. The effects of storms or high water levels on these benefits and characteristics shall also be evaluated. A description of the means of diffusion to provide sheet flow shall be provided. The terms wildlife and wildlife resources are used as defined in G.S. 113-129.
(i) Effects on groundwater. The impacts of the proposed project and water control system on groundwater shall be evaluated in order to determine if the project will comply with Title 15A, Subchapter 2L, Classification and Water Quality Standards Applicable to the Groundwaters of North Carolina.
(j) Effects on adjacent landowners. Hydrologic and other alterations shall not cause or contribute to the loss of designated uses in waters of the state. The applicant shall prepare a description of the project and summary of the expected impacts on water quality and uses, send a copy to each adjacent landowner, and attach a copy of the document and any responses to the permit application.
(k) Assurance of continued operation. The permit application shall identify how the applicant will ensure the continued operation and maintenance of water control systems during peat mining operations and lasting until completion of reclamation activities in order to protect water quality. These mechanisms shall include paying for the costs of operating and maintaining the system. These assurances shall be provided by current owners and shall be required through all changes in ownership until reclamation is completed. Assurances of implementation of these mechanisms prior to the initiation of mining activity shall be a condition of the permit.
(l) Abandonment. The consequences of abandonment of the drainage and water control systems shall be described for each phase of the project, including the period after the reclamation plan is implemented. If the area of the project is abandoned at any time, the drainage discharges must comply with the design requirements of this Rule within four years or on a schedule approved by the Commission such that pollution never exceeds levels in existence at the start of the project. The analyses must verify that the mining bond and reclamation plan after the bond is released are both adequate to meet this condition. Further, it must be determined whether the mined area would flood, and if so, the depth of the water and points and rates of overflow must be described along with the impacts on adjacent lands and waters.
(m) Characteristics of treatment systems.
(1) For the purposes of this Rule, the characteristics of a treatment system are that the structure:
(A) is manmade and intended to be utilized for water management and water pollution control;
(B) is entirely on a single tract of privately owned land with the owner or owners controlling the inflows and outflows;
(C) has controls at the outlets so water may flow out but, under normal hydrological conditions, not into the structure or facility through the outlet(s); and
(D) is not an integral part of the ecosystem of the receiving waters so that if the operation causing the pollution is discontinued, the structure or facility can be removed from use without adversely impacting the hydrology or water quality of the receiving waters.
(2) Waters within a treatment system are not subject to water quality standards. However, if an impoundment lagoon, canal, ditch, or other treatment unit has all of the characteristics of a treatment system listed in Subparagraph (1), and if the public utilizes the waters within the treatment system, such as for fishing, the Commission may include conditions in the facility's permit that support the continued utilization of the waters, provided that such conditions are consistent with the provisions of this Section.
(n) Identification of outlet points. Waters downstream from an outlet point must be protected to meet the water quality standards and public uses. Canals are generally classified waters of the state, either as named stream segments in the Schedule of Classifications or as unnamed tributaries. The following factors shall be used as guidance in determining the outlet point:
(1) the outlet point must be entirely on the property of the permit applicant;
(2) the outlet point must be selected so that the owner can block, obstruct, or open the outlet point:
(A) without removing any established uses of the waters including navigation, fishing, and wildlife; and
(B) without adversely affecting drainage by other landowners;
(3) once a point has been designated as an outlet, the receiving waters shall not be obstructed by any landowner without approval and a permit modification by the Commission in accordance with the rules of this Section; and
(4) outlet designations may require reconsideration of the classification of the waters consistent with 15A NCAC 02B .0100-.0200.
History Note: Authority G.S. 143-214.1; 143-215(a); 143-215(b); 143-215.1; 143-215.3(a)(1);
Eff. September 1, 1986;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0126 Stormwater Discharges
(a) Stormwater discharges subject to National Pollutant Discharge Elimination System (NPDES) permitting are addressed in this section, which incorporates, supplements, and elaborates on the federal rules on stormwater NPDES discharges. Other stormwater control requirements are addressed in Section .1000 of this Subchapter entitled "Stormwater Management," but may also be addressed in sections dedicated to particular water classifications or circumstances.
(b) Facilities and Regulated Entities (REs) subject to NPDES permitting shall be issued NPDES permits for stormwater discharges to surface waters in accordance with this Rule, Rules. 0150 through .0153 of this Subchapter, and United States Environmental Protection Agency (EPA) regulations 40 CFR 122.21, 122.26, and 122.28 through 122.37 (1 July 2015 Edition) which are hereby incorporated by reference, not including subsequent amendments and editions. These federal regulations may be accessed at no cost at . State regulations may be accessed at .
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. November 1, 1986;
Amended Eff. August 3, 1992;
Temporary Amendment Eff. November 1, 2002;
Temporary Amendment returned to Agency by Rules Review Commission on January 22, 2004;
Amended Eff. July 3, 2012;
Readopted Eff. January 1, 2017.
15A NCAC 02H .0127 GENERAL PERMITS
(a) In accordance with the provisions of G.S. 143.215.1 (b)(3) and (4), general permits may be developed by the Division and issued by the Director for categories of activities as described in Paragraph (d) of this Rule.
(b) General permits shall be issued in accordance with G.S. 143-215.1, using the procedures specified in this Section for individual NPDES permits, including those for application and public notice.
(c) Each general permit shall establish conditions that apply to all discharges covered by the permit, such as effluent standards and limits, management practices, enforcement authorities, and rights and privileges as specified in the general permit.
(d) General permits may be issued for discharges from categories or subcategories of minor activities such as the following:
(1) once-through non-contact cooling waters with no biocidal additives;
(2) mine dewatering facilities;
(3) water filtration facilities;
(4) swimming pool filter backwash facilities;
(5) seafood packing facilities;
(6) oil terminal storage facilities;
(7) tourist gem mines;
(8) sand dredges;
(9) trout farms;
(10) aquifer restoration;
(11) stormwater discharges;
(12) single-family residences;
(13) other minor activities, provided that their discharges:
(A) involve the same or substantially similar operations;
(B) have similar discharge characteristics;
(C) require the same effluent limitations or operating conditions; and
(D) require the same or similar monitoring.
(e) General permits shall only be granted for discharge into waters classified either WS or SA following review and approval by the Shellfish Sanitation Program, Division of Marine Fisheries, and the Public Water Supply Section, Division of Water Resources, both of the Department of Environmental Quality. For the purposes of this Rule, "approval" means that the Program or Section either determines that the proposed discharge is acceptable pursuant to its regulations or specifies the conditions under which the discharge would be acceptable.
(f) Notwithstanding any provision of a general permit, permittees shall not violate state water quality standards or other applicable environmental standards.
(g) General permits shall be effective for a term not to exceed five years.
(h) Upon issuance of a general permit, any person may request coverage under the permit by completing and submitting to the Director a Notice of Intent that establishes its eligibility for coverage. The Notice of Intent shall be submitted using forms provided by the Division on the Division's website at in accordance with this Rule and applicable application procedures and fee specified in Rules .0105 and .0106 of this Section.
(i) The Notice of Intent shall include the following:
(1) name and address of owner and operator;
(2) location of the facility or site;
(3) nature of the business or regulated entity and of its operations and production processes;
(4) other permits held by the applicant:
(5) description of the type of discharge and its characteristics;
(6) description of treatment provided;
(7) outfall locations;
(8) for new or proposed discharges, a scale map, such as a 7.5 minute series USGS topographic map or copy of a portion thereof, showing the location of the facility and its outfalls;
(9) receiving stream name and classification;
(10) certification and signature of the applicant;
(11) supporting documentation; and
(12) other information, as specified in the general permit, necessary to determine the impacts of the discharge and its eligibility for the general permit;
(j) If a Notice of Intent is submitted in accordance with Paragraphs (h) and (i) of this Rule, the Director shall grant coverage under the general permit by issuing a Certificate of Coverage that specifies the general permit, the applicant's name and address, the name or type of facility, the issuance date of the Certificate, its effective date, and its expiration date, if any. If all requirements are not met, or if the Director determines the activity does not satisfy the eligibility criteria established in the general permit, the Director shall notify the applicant in writing, and the applicant shall submit an application for an individual permit.
(k) Dischargers that receive a Certificate of Coverage shall be authorized to discharge subject to the terms and conditions of that general permit and payment of an annual fee in accordance with Rules .0105 and .0106 of this Section.
(l) Dischargers covered by general permits are not required to submit new Notices of Intent or renewal requests unless so directed by the Division, such as may occur if eligibility criteria for permit coverage are modified.
(m) All previous state water quality permits issued to a facility that can be covered by a general permit, whether for construction or operation, shall be revoked upon request of the permittee, termination of the individual permit, and issuance of the Certification of Coverage.
(n) Any person covered or considering coverage under a general permit may choose to pursue an individual permit for any facility subject to the rules of this Section.
(o) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an individual NPDES permit by notifying that person that an application for an individual permit is required. Notification shall consist of a written description of the reason(s) for the decision, appropriate permit application forms and application instructions, a statement establishing the required date for submission of the application, and a statement informing the person that coverage by the general permit shall automatically terminate upon issuance of the individual permit. Reasons for requiring application for an individual permit include:
(1) a determination that the discharge is not consistent with that of a "minor activity" as set forth in G.S. 143-215.1(4)(d.);
(2) a change in conditions at the permitted site that alters the constituents or characteristics of the discharge such that the discharge no longer qualifies for coverage under a general permit;
(3) noncompliance with the general permit;
(4) noncompliance with Division Rules;
(5) a change in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;
(6) promulgation of effluent limitations for the point sources covered by the general permit;
(7) approval of a water quality management plan containing the requirements applicable to such point sources after the issuance of the general permit;
(8) a determination that the water of the stream receiving the discharge is not meeting applicable water quality standards;
(9) a determination that the discharge is no longer eligible for coverage under the general permit; or
(10) a decision by the Division to not renew the general permit.
(p) Any interested person may petition the Director in writing to take an action in accordance with this Rule to require an individual NPDES permit. The petition shall identify the affected facility, the applicable general permit, the action proposed, and the rationale for the action. The Director shall acknowledge receipt of the petition and shall provide his or her decision in the matter in writing to the petitioner and the affected permittee.
(q) General permits may be modified, terminated, or revoked and reissued in accordance with the authority and requirements of Rules .0112 and .0114 of this Section.
History Note: Authority G.S. 143-215(1); 143-215.3(a)(1);
Eff. October 1, 1987;
Amended Eff. March 1, 1993; August 1, 1991; August 1, 1988;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0128 GENERAL PERMIT FOR COOLING WATERS
15A NCAC 02H .0129 GENERAL PERMIT FOR MINE DEWATERING FACILITIES
15A NCAC 02H .0130 GENERAL PERMIT FOR WATER FILTRATION FACILITIES
15A NCAC 02H .0131 GENERAL PERMIT/SWIMMING POOL FILTER BACKWASH FACILITIES
15A NCAC 02H .0132 GENERAL PERMIT FOR SEAFOOD PACKING FACILITIES
15A NCAC 02H .0133 GENERAL PERMIT/OIL STORAGE FACILITIES DISC/WS-III WATERS
15A NCAC 02H .0134 GENERAL PERMIT OTHER THAN WS-I: WS-II: OR WS-III
15A NCAC 02H .0135 GENERAL PERMIT FOR SAND DREDGES
15A NCAC 02H .0136 GENERAL PERMIT FOR TROUT FARMS
15A NCAC 02H .0137 GENERAL PERMIT FOR AQUIFER RESTORATIONS
History Note: Authority G.S. 143-215; 143-215(1); 143-215(3); 143-215.1; 143-215.3;
Eff. October 1, 1987;
Amended Eff. August 1, 1988;
Repealed Eff. August 1, 1991.
15A NCAC 02H .0138 AUTHORIZATION TO CONSTRUCT PERMITS
(a) Authorization Required.
(1) After an NPDES permit has been issued by the Division of Water Resources in accordance with this Section, construction of wastewater treatment facilities or additions thereto shall not begin until final plans and specifications have been submitted to and an Authorization to Construct has been issued to the permittee by the Division of Water Resources, except as provided in Subparagraph (2) of this Paragraph.
(2) No Authorization to Construct shall be required for facilities intended to treat principally waste or sewage from an industrial facility whose discharge is authorized pursuant to an NPDES permit.
(3) If an Authorization to Construct has not been applied for in accordance with the requirements of the NPDES permit during the term of the permit, the permit shall be considered void upon expiration and future actions shall be considered as a new application.
(b) Application. The applicant for an Authorization to Construct shall submit two printed and signed copies and one electronic copy of each of the following:
(1) A completed and signed ATC Application Form. The form is available at no cost on the Division's website at . The signature of the consulting engineer or other agent shall be accepted as representing the permittee on the application only if accompanied by a letter of authorization from the permittee. The application form shall include the following information:
(A) Applicant's name, title, and contact information;
(B) Professional Engineer's name and contact information;
(C) Facility name and NPDES permit number;
(D) Project description;
(E) Project design information;
(F) Flows used for project design;
(G) Effluent quality used for project design;
(H) Summary of unit treatment processes and equipment;
(I) Setback of wastewater treatment/storage units required per 15A NCAC 02T .0506(b);
(J) Application certification signed by the professional engineer; and
(K) Application certification by the Applicant.
(2) Plans and specifications. Signed, sealed, and dated engineering plans and specifications for the proposed facilities or facility modifications.
(3) When a permittee proposes to cease operation of its wastewater treatment facility, it shall verify that its wastewater flows will first be connected to a wastewater district or municipal system with sufficient capacity to treat the added flows.
(4) Documentation of the approval of a Sedimentation and Erosion Control Plan if it is required by the Division of Energy, Mineral and Land Resources or a delegated local government Sediment and Erosion Control Program.
(5) Documentation that a 110 volt power source and a potable water supply, equipped with backflow prevention, are available at the treatment system to allow for maintenance, clean-up and sampling. In cases where this is not reasonable or economically achievable, the applicant may request and the Director may grant an exception. if the applicant documents how it will provide the necessary power and potable water at the facility.
(6) For those wastewater disposal facilities that have the potential to cause a contravention of groundwater standards, hydrogeologic information as specified in Rule 15A NCAC 02T .0504.
(7) A residuals management plan, if the wastewater treatment system generates residuals. The plan must include the following:
(A) An explanation as to how the residuals will be stabilized. In addition if the residuals are generated from a system treating sewage, the explanation must show that the stabilization process meets the Environmental Protection Agency's criteria for a Class B residual as defined in 40 CFR 503 or for a Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II, hereby incorporated by reference including any subsequent amendments and editions. These regulations can be accessed free of charge at .
(B) An evaluation of the residual storage requirements for the treatment facility. A minimum of 30 days storage shall be required on all facilities, except that the Director may waive this requirement on a case-by-case basis if the applicant demonstrates that this amount of storage is not necessary to prevent impacts to water quality and the public health. Storage shall be calculated based upon average sludge production rate and shall be process units that are separate from the treatment system, i.e., not the clarifiers or aeration basins. Additional storage may be required based upon the method of final disposal/utilization.
(C) No authorization to construct shall be issued unless the application package includes a commitment for the acceptance of the residual from a residuals management site approved in accordance with 15A NCAC 02T .0105 and .1109 and demonstrates that the approved site has adequate capacity to accept the residuals.
(8) A construction sequence plan for any project that will modify existing wastewater treatment facilities. The plan must outline the construction sequence to ensure continuous operation of the treatment system.
History Note: Authority G.S. 143-215.1(a6); 143-215.1(c)(1);
Eff. October 1, 1987;
Amended Eff. August 1, 2012; March 1, 1993; August 3, 1992;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0139 MINIMUM DESIGN REQUIREMENTS
All facilities requiring a permit pursuant to this Section shall be designed following good engineering practice and comply with the minimum design requirements specified in 15A NCAC 02T .0114 and .0805. The plans and specifications must be stamped and sealed by a Professional Engineer licensed in North Carolina unless all three of the following conditions are met:
(1) the plans and specifications are for domestic waste from a single family dwelling with flows of 1,000 gallons per day or less;
(2) the plans and specifications are prepared by the homeowner, and contain all information needed to evaluate the proposed facility pursuant to Rule .0138 of this Section; and
(3) the effluent limitations are at least as stringent as for secondary treatment.
History Note: Authority G.S. 143-215.1(c)(1);
Eff. October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0140 CERTIFICATION OF COMPLETION
(a) Notwithstanding Paragraph (c) of this Rule, prior to operation of any treatment works or disposal system permitted in accordance with this Section, the permittee shall provide the signed and sealed certification of a professional engineer that the treatment works or disposal system has been installed in accordance with the Authorization to Construct and the approved plans and specifications.
(b) For facilities with phased construction or where there is a need to operate equipment under actual operating conditions prior to certification, additional certification may be needed as follow-ups to the initial, pre-operation, certification.
(c) In cases where the treatment works or disposal system was designed by a homeowner rather than a professional engineer, either the permittee or a professional engineer must submit this certification.
History Note: Authority G.S. 143-215.1(c)(1);
Eff. October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0141 OPERATIONAL AGREEMENTS
(a) Prior to issuance or reissuance of a permit pursuant to this Section for a wastewater facility as specified in G.S. 143-215.1(d1), the applicant must either:
(1) provide evidence to show that the applicant has been designated as a public utility by the State Utilities Commission; or
(2) enter into an operational agreement with the Division of Water Resources.
(b) The requirement for assurance of financial solvency shall be made on a case by case determination.
History Note: Authority G.S. 143-215.1(d1);
Eff. October 1, 1987;
Readopted Eff. May 1, 2020.
15A NCAC 02H .0142 USE/WASTEWATER TRTMT WORKS EMGCY MAIN: OPER/REPAIR FUND
History Note: Authority G.S. 143-215.3(a); 143-215.3B(c); 143-215.3B(e);
Eff. August 1, 1988;
Repealed Eff. May 1, 2020 (S.L. 2005-454, §8, effective January 1, 2006).
15A NCAC 02H .0143 INCORPORATION BY REFERENCE
(a) The following sections of Title 40 of the Code of Federal Regulations (CFR) are incorporated by reference, including subsequent amendments and editions, and shall apply throughout this Section except where procedural details of the federal regulations differ from procedures adopted elsewhere in this Section, in which case these Rules shall apply. These regulations can be accessed free of charge at .
(1) 40 CFR 122.2, 124.2, and 125.2: Definitions;
(2) 40 CFR 122.4: Prohibitions):
(3) 40 CFR 122.5 (a) and (b): Effect of permit;
(4) 40 CFR 122.7 (b) and (c): Confidential information;
(5) 40 CFR 122.21 (a)-(b), (c)(2), (e)-(k), (m)-(p), (q), and (r): Application for a permit;
(6) 40 CFR 122.22: Signatories;
(7) 40 CFR 122.23: Concentrated animal feeding operations;
(8) 40 CFR 122.24: Concentrated aquatic animal production facilities;
(9) 40 CFR 122.25: Aquaculture projects;
(10) 40 CFR 122.26: Storm water discharges;
(11) 40 CFR 122.27: Silviculture;
(12) 40 CFR 122.28: General permits;
(13) 40 CFR 122.29 (a), (b), and (d): New sources and new dischargers;
(14) 40 CFR 122.30: NPDES stormwater regulations for small MS4s: objectives;
(15) 40 CFR 122.31: NPDES stormwater regulations: role of Tribes;
(16) 40 CFR 122.32: NPDES stormwater regulations for small MS4s: applicability;
(17) 40 CFR 122.33: NPDES stormwater regulations for small MS4s: application for permit;
(18) 40 CFR 122.34: NPDES stormwater regulations for small MS4s: permit requirements;
(19) 40 CFR 122.35: NPDES stormwater regulations for small MS4s: shared responsibilities;
(20) 40 CFR 122.36: NPDES stormwater regulations for small MS4s: compliance;
(21) 40 CFR 122.37: NPDES stormwater regulations for small MS4s: evaluation;
(22) 40 CFR 122.41 (a)(1) and (b) through (n): Applicable permit conditions;
(23) 40 CFR 122.42: Conditions applicable to specified categories of permits;
(24) 40 CFR 122.43: Establishing permit conditions;
(25) 40 CFR 122.44: Establishing NPDES permit conditions;
(26) 40 CFR 122.45: Calculating permit conditions;
(27) 40 CFR 122.46: Duration;
(28) 40 CFR 122.47 (a): Schedules of compliance;
(29) 40 CFR 122.48: Monitoring requirements;
(30) 40 CFR 122.50: Disposal into wells;
(31) 40 CFR 122.61: Permit transfer;
(32) 40 CFR 122.62: Permit modification;
(33) 40 CFR 122.64: Permit termination;
(34) 40 CFR 124.3 (a): Application for a permit;
(35) 40 CFR 124.5 (a), (c), (d), and (f): Modification of permits;
(36) 40 CFR 124.6 (a), (c), (d), and (e): Draft permit;
(37) 40 CFR 124.8: Fact sheets;
(38) 40 CFR 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e): Public notice;
(39) 40 CFR 124.11: Public comments and requests for hearings;
(40) 40 CFR 124.12 (a): Public hearings;
(41) 40 CFR 124.17 (a) and (c): Response to comments;
(42) 40 CFR 124.56: Fact sheets;
(43) 40 CFR 124.57 (a): Public notice;
(44) 40 CFR 124.59: Comments from government agencies;
(45) 40 CFR 124.62: Decision on variances;
(46) 40 CFR Part 125, Subparts A (Technology-Based Treatment Requirements), B (Aquaculture), D (Fundamentally Different Factors), H (Alternative Limitations, CWA Section 316(a)), I (Cooling Water Intake Structures, New Facilities, CWA Section 316(b)), J (Cooling Water Intake Structures, Existing Facilities, CWA Section 316(b)), M (Ocean Discharge Criteria), and N (Cooling Water Intake Structures, Offshore Oil and Gas Facilities, CWA Section 316(b));
(47) 40 CFR Parts 129 (Toxic Pollutant Effluent Standards) and 133 (Secondary Treatment Regulation), and Subchapter N (Effluent Guidelines and Standards);
(48) 40 CFR Parts 3 (Electronic Reporting) and 127 (NPDES Electronic Reporting);
(49) 40 CFR Part 136: Guidelines for establishing test procedures for the analysis of pollutants; and
(50) 40 CFR 401.15: List of toxic pollutants pursuant to CWA Section 307(a)(1).
(b) This Rule is not an exclusive list of federal regulations adopted by reference in this Section. Other rules of the Section incorporate some of these same federal regulations for clarity or emphasis and may incorporate additional regulations not listed in Paragraph (a) of this Rule.
History Note: Authority G.S. 143-211(c); 143-215.1(b)(4); 143B-282(5);
Eff. May 1, 2020.
15A NCAC 02H .0144 Reserved for future codification
15A NCAC 02H .0145 Reserved for future codification
15A NCAC 02H .0146 Reserved for future codification
15A NCAC 02H .0147 Reserved for future codification
15A NCAC 02H .0148 Reserved for future codification
15A NCAC 02H .0149 Reserved for future codification
15A NCAC 02H .0150 DEFINITIONS: npdes MS4 sTORMWATER
Federal definitions for NPDES discharges at 40 C.F.R. 122.2 and 122.26(b)(1 July 2015 Edition) are incorporated herein by reference, not including subsequent amendments and editions. These federal regulations may be accessed at no cost at . The definition of any word or phrase used in the NPDES municipal separate storm sewer system (MS4) stormwater program shall be the same as given in Article 21, Chapter 143 of the General Statutes of North Carolina, as amended, and Rule .1002 of this Subchapter. Other words and phrases are defined as follows:
(1) "Division" means the Division of Energy, Mineral, and Land Resources in the Department.
(2) "MS4" means municipal separate storm sewer system.
(3) "Planning jurisdiction" means the territorial jurisdiction within which a municipality exercises the powers authorized by Article 19 of Chapter 160A of the General Statutes, or a county exercises the powers authorized by Article 18 of Chapter 153A of the General Statutes.
(4) "Public entity" means the United States, the State, a city, village, township, county, school district, public college or university, single-purpose governmental agency, or any other governing body that is created by federal or State law.
(5) "Regulated entity" means any public entity that must obtain a National Pollutant Discharge Elimination System (NPDES) permit for stormwater management for its municipal separate storm sewer system (MS4).
(6) "Sensitive receiving waters" means any of the following:
(a) waters that are classified as high quality, outstanding resource, shellfish, trout, or nutrient sensitive waters in accordance with 15A NCAC 02B .0101, 15A NCAC 02B .0200, and 15A NCAC 02B .0301;
(b) waters that are occupied by or designated as critical habitat for aquatic animal species that are listed as threatened or endangered by the United States Fish and Wildlife Service or the National Marine Fisheries Service under the provisions of the Endangered Species Act of 1973 (Pub. L. No. 93-205; 87 Stat. 884; 16 U.S.C. 1531, et seq.), as amended; or
(c) waters for which the "best usage," as described by the classification system set forth in 15A NCAC 02B .0101, 15A NCAC 02B .0200, and 15A NCAC 02B .0301 have been determined to be impaired in accordance with the requirements of subsection (d) of 33 U.S.C. 1313, which is incorporated herein by reference, not including subsequent amendments and editions. This federal code may be accessed at no cost at .
(7) "Significant contributor of pollutants" means a municipal separate storm sewer system (MS4) or a discharge that contributes to the pollutant loading of a water body or that destabilizes the physical structure of a water body such that the contribution to pollutant loading or the destabilization may reasonably be expected to have an "adverse impact," as that term is defined in 15A NCAC 02H Rule .1002 of this Subchapter, on the quality and best usage of the water body. "Best usage" of a water body shall be determined pursuant to 15A NCAC 02B .0211 through 15A NCAC 02B .0222 and 15A NCAC 02B .0300.
(8) "Total maximum daily load (TMDL) implementation plan" means a written, quantitative plan, and analysis for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant.
History Note: Authority G.S. 143-213; 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 2006-246;
Eff. July 3, 2012;
Readopted Eff. January 1, 2017.
15A NCAC 02H .0151 npdes MS4 sTORMWATER: Designation and Petition process
(a) Designation of Regulated Entities. A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity through federal designation, through the State designation process, or under a total maximum daily load (TMDL) implementation plan, as provided in this Paragraph.
(1) Federal designation. A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity pursuant to 40 CFR 122.32. These federal regulations may be accessed at no cost at .
(2) State designation process. The Commission shall designate a public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated entity as provided in Subparagraphs (2)(A) through (F) below:
(A) Designation schedule. The Commission shall implement the designation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8B(c).
(B) Identification of candidate regulated entities. The Commission shall identify a public entity as a candidate for designation as a regulated entity if the municipal separate storm sewer system (MS4) either:
(i) discharges stormwater that has the potential to have an "adverse impact," as that term is defined in Rule .1002 of this Subchapter, on water quality; or
(ii) serves a public entity that has not been designated pursuant to Item (1) of this Paragraph and that has either a population of more than 10,000 or more than 4,000 housing units, and either a population density of 1,000 people per square mile or more or more than 400 housing units per square mile.
(C) Notice and comment on candidacy. The Commission shall notify each public entity identified as a candidate for designation as a regulated entity. After notification of each public entity, the Commission shall publish a list of all public entities within a river basin that have been identified as candidates for designation. This list shall be published on the Division website at . The Commission shall accept public comment on the proposed designation of a public entity as a regulated entity for 30 days from the date of publication.
(D) Designation of regulated entities. After review of the public comment, the Commission shall make a determination on designation for each of the candidate public entities. The Commission shall designate a candidate public entity that owns or operates a municipal separate storm sewer system (MS4) as a regulated public entity only if the Commission determines either that:
(i) the public entity has an actual population growth rate that exceeds 1.3 times the State population growth rate for the previous 10 years;
(ii) the public entity has a projected population growth rate that exceeds 1.3 times the projected State population growth rate for the next 10 years;
(iii) the population of the public entity is more than 15 percent greater than its population two years prior to the publication of the list identifying the public entity as a candidate for designation.
(iv) the municipal separate storm sewer system (MS4) discharges stormwater that has adverse impacts on water quality; or
(v) the municipal separate storm sewer system (MS4) discharges stormwater that results in a significant contribution of pollutants to receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the best usages.
(E) Notice of designation. The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a NPDES permit for stormwater management shall be submitted to the Commission.
(F) Application schedule. A public entity that has been designated as a regulated entity pursuant to this subdivision shall submit its application for a NPDES permit for stormwater management within 18 months of the date of notification.
(3) Designation under a total maximum daily load (TMDL) implementation plan. The Commission shall designate an owner or operator of a small municipal separate storm sewer system (MS4) as a regulated entity if the municipal separate storm sewer system (MS4) is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. 1313, which are incorporated herein by reference. This federal code [may be accessed at no cost at . The Commission shall provide written notice to each public entity of its designation determination. For a public entity designated as a regulated entity, the notice shall state the basis for the designation and the date on which an application for a NPDES permit for stormwater management shall be submitted to the Commission. A public entity that has been designated as a regulated entity pursuant to this Item shall submit its application for a NPDES permit for stormwater management within 18 months of the date of notification.
(b) Petition Process. A petition may be submitted to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a NPDES permit for stormwater management as follows:
(1) Connected discharge petition. An owner or operator of a permitted municipal separate storm sewer system (MS4) may submit a petition to the Commission to request that a person who discharges into the permitted municipal separate storm sewer system (MS4) be required to obtain a separate NPDES permit for stormwater management. The Commission shall grant the petition and require the person to obtain a separate NPDES permit for stormwater management if the petitioner shows that the person's discharge flows or will flow into the permitted municipal separate storm sewer system (MS4).
(2) Adverse impact petition. Any person may submit a petition to the Commission to request that an owner or operator of a municipal separate storm sewer system (MS4) or a person who discharges stormwater be required to obtain a NPDES permit for stormwater management as follows:
(A) Petition review. The Commission shall grant the petition and require the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater to obtain a NPDES permit for stormwater management if the petitioner shows any of the following:
(i) the municipal separate storm sewer system (MS4) or the discharge discharges stormwater or has the potential to discharge stormwater that may cause or contribute to a water quality standard violation;
(ii) the municipal separate storm sewer system (MS4) or the discharge is a significant contributor of pollutants to receiving waters; or
(iii) the municipal separate storm sewer system (MS4) or the discharge is specifically listed by name as a source of pollutants for urban stormwater in a total maximum daily load (TMDL) implementation plan developed in accordance with subsections (d) and (e) of 33 U.S.C. 1313.
(B) Types of evidence for required showing. Petitioners may make the showing of adverse impact required by Part (b)(2)(A) of this Rule by providing to the Commission the following information:
(i) monitoring data that includes representative sampling of the municipal separate storm sewer system (MS4) or discharge and information describing how the sampling is representative. The petitioner shall notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater of its intent to conduct monitoring activities prior to conducting those activities;
(ii) scientific or technical literature that supports the sampling methods;
(iii) studies and technical information on land uses in the drainage area and the characteristics of stormwater runoff from these land uses;
(iv) a map that delineates the drainage area of the petitioned entity; the location of sampling stations; the location of the stormwater outfalls in the adjacent area of the sampling locations; general features, including surface waters, major roads, and political boundaries; and areas of concern regarding water quality;
(v) for stormwater discharges to impaired waters, documentation that the receiving waters are impaired or degraded and monitoring data that demonstrates that the municipal separate storm sewer system (MS4) or discharge contributes pollutants for which the waters are impaired or degraded; or
(vi) for stormwater discharges to nonimpaired waters, monitoring data that demonstrates that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is a significant contributor of pollutants to the receiving waters.
(C) Water quality protection program offset. If the petitioner makes the required showing, the Commission shall review the effectiveness of any existing water quality protection programs that may offset the need to obtain a NPDES permit for stormwater management. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the best usages. The Commission may deny the petition if it finds that existing water quality protection programs are adequate to address stormwater impacts on sensitive receiving waters and to ensure compliance with a TMDL implementation plan.
(3) Petition administration. The Commission shall process petitions in the following manner:
(A) A separate petition shall be filed for each municipal separate storm sewer system (MS4) or discharge.
(B) The Commission shall evaluate petitions that contain all information required by Part (2)(B) of this Paragraph. The Commission shall make a determination on the completeness of a petition within 90 days of receipt of the petition, or it shall be deemed complete. If the Commission requests additional information, the petitioner may submit additional information and the Commission shall determine, within 90 days of receipt of the additional information, whether the information completes the petition.
(C) The petitioner shall provide to the chief administrative officer of the municipal separate storm sewer system (MS4) or the person in control of the discharge a copy of the petition and a copy of any subsequent additional information submitted to the Commission within 48 hours of each submittal.
(D) The Commission shall post all petitions on the Division website at and maintain copies available for inspection at the Division's office. The Commission shall accept and consider public comment for 30 days from the date of posting.
(E) The Commission may hold a public hearing on a petition and shall hold a public hearing on a petition if it receives a written request for a public hearing within the public comment period and the Commission determines that there is a significant public interest in holding a public hearing. The Commission's determination to hold a public hearing shall be made no less than 15 days after the close of the public comment period. The Commission shall schedule the hearing to be held within 45 days of the close of the initial public comment period and shall accept and consider additional public comment through the date of the hearing.
(F) An additional petition for the same municipal separate storm sewer system (MS4) or discharge received during the public comment period shall be considered as comment on the original petition. An additional petition for the same municipal separate storm sewer system (MS4) or discharge received after the public comment period ends and before the final determination is made shall be considered incomplete and held pending a final determination on the original petition.
(i) If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a NPDES permit for stormwater management, any other petitions for the same municipal separate storm sewer system (MS4) or discharge that were held shall be considered in the development of the NPDES permit for stormwater management.
(ii) If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is not required to obtain a NPDES permit for stormwater management, an additional petition for the municipal separate storm sewer system (MS4) or discharge shall present new information as required by Part (2)(B) of this Paragraph or demonstrate that conditions have changed in order to be considered. If new information is not provided, the petition shall be returned as incomplete.
(G) The Commission shall evaluate a petition within 180 days of the date on which it is determined to contain all information required by Part (2)(B) of this Paragraph. If the Commission determines that the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater is required to obtain a NPDES permit for stormwater management, the Commission shall notify the owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater within 30 days of the requirement to obtain the permit. The owner or operator of the municipal separate storm sewer system (MS4) or the person who discharges stormwater shall submit its application for a NPDES permit for stormwater management within 18 months of the date of notification.
(c) Exemption. A municipality with a population of less than 1,000, including a municipality designated as an urbanized area under the most recent federal decennial census, is not required to obtain a NPDES permit for stormwater management unless the municipality is shown to be contributing to an impairment of State waters, as determined under the requirements of 33 U.S.C. 1313(d).
(d) Waiver. The Department may waive the requirement for a NPDES permit for stormwater management pursuant to 40 CFR 122.32(d) or (e).
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2006-246;
Eff. July 3, 2012;
Readopted Eff. January 1, 2017.
15A NCAC 02H .0152 development in urbanizing areas
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2011-220;
Eff. July 3, 2012;
Amended Eff. July 1, 2013;
Repealed Eff. January 1, 2017.
15A NCAC 02H .0153 npdes MS4 sTORMWATER: program implementation
(a) Permit Standards. To obtain a NPDES permit for stormwater management, an applicant shall develop, implement, and enforce a stormwater management plan approved by the Commission that satisfies the six "minimum control measures" required by 40 CFR 122.34(b). These federal regulations may be accessed at no cost at . The evaluation of the post-construction stormwater management measures required by 40 CFR 122.34(b)(5) shall be conducted as provided in Rule .1017 of this Subchapter. Regulated entities may propose using any existing State or local program that relates to the minimum control measures to meet, either in whole or in part, the requirements of the minimum control measures.
(b) Implementation Schedule. The requirements of this Rule shall be implemented as follows:
(1) a regulated entity shall apply within 18 months of notification by the Department that the regulated entity is subject to regulation pursuant to Rules .0151(a) and (b) and Rule .1016 of this Subchapter;
(2) public education and outreach minimum measures shall be implemented within 12 months from date of permit issuance;
(3) a regulated entity shall implement its post-construction program no later than 24 months from the date the permit is issued; and
(4) the Department shall include permit conditions that establish schedules for implementation of each minimum control measure of the regulated entity's stormwater management program based on the submitted application so that the regulated entity implements its permitted program within five years from permit issuance.
(c) Federal and State Projects. The Commission shall have jurisdiction, to the exclusion of local governments, to issue a NPDES permit for stormwater management to a federal or State agency that applies to all or part of the activities of the agency or that applies to the particular project. If a federal or State agency does not hold a MS4 NPDES permit for stormwater management that applies to the particular project within North Carolina, then the project shall be subject to the stormwater management requirements of this Rule as implemented by the Commission or by a local government. The provisions of G.S. 153A-347 and G.S. 160A-392 apply to the implementation of this Rule.
(d) General Permit. The Commission shall develop and issue a NPDES general permit for stormwater management. The general permit requirements for post-construction stormwater management measures required by 40 CFR 122.34(b)(5) shall require a permittee to meet the standards set forth in Rule .1017 of this Subchapter. After the Commission has issued a National Pollutant Discharge Elimination System (NPDES) general permit for stormwater management, a public entity that has applied for a permit may submit a notice of intent to be covered under the general permit to the Commission. The notice of intent shall be submitted to the Division accompanied by the application fee as set forth in G.S. 143-215.3D. The Commission shall treat an application for a permit as an application for an individual permit unless the applicant submits a notice of intent to be covered under a general permit under this Paragraph.
(e) The exclusions from the requirement to obtain a NPDES permit for stormwater management set out in 40 CFR 122.3, including the exclusions for certain nonpoint source agricultural and silvicultural activities, apply to the provisions of this Rule.
(f) In order to fulfill the post-construction minimum control measure requirement for linear transportation projects, including private transportation projects constructed to North Carolina Department of Transportation standards that will be conveyed to the State or another public entity upon completion, a permittee, delegated program, or regulated entity may use the Stormwater Best Management Practices Toolbox (Version 2, April 2014 Edition) developed by the North Carolina Department of Transportation which is herein incorporated by reference, including any subsequent amendments and editions, and may be accessed at no cost at .
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2006-246; S.L. 2014-1;
Eff. July 3, 2012;
Readopted Eff. January 1, 2017.
15A NCAC 02H .0154 post-construction practices
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. July 3, 2012;
Repealed Eff. January 1, 2017.
SECTION .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS
15A NCAC 02H .0201 PURPOSE
(See 15A NCAC 02T .0101)
15A NCAC 02H .0202 SCOPE
(See 15A NCAC 02T .0102)
15A NCAC 02H .0203 DEFINITION OF TERMS
(See 15A NCAC 02T .0103)
15A NCAC 02H .0204 ACTIVITIES WHICH REQUIRE A PERMIT
(See 15A NCAC 02T .0104)
15A NCAC 02H .0205 APPLICATION: FEES: SUPPORTING INFORMATION: REQUIREMENTS
(See 15A NCAC 02T .0105)
15A NCAC 02H .0206 SUBMISSION OF PERMIT APPLICATIONS
(See 15A NCAC 02T .0106)
History Note: Authority G.S. 130A-335; 143-213; 143-215.1; 143-215.3(a); 143-215.3(a)(I); 143-215.3B(b);
Eff. February 1, 1976;
Amended Eff. September 1, 1995; February 1, 1993; October 1, 1990; August 1, 1988; November 1, 1987; October 1, 1987; February 1, 1986; January 1, 1984;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0207 SUBMISSION OF PERMIT APPLICATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(d); 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. February 1, 1986.
15A NCAC 02H .0208 staff review and permit preparations
(See 15A NCAC 02T .0107)
15A NCAC 02H .0209 final action on permit applications to the division
(See 15A NCAC 02T .0108)
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215(1)(d); 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; August 1, 1988; October 1, 1987; February 1, 1986;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0210 NOTIFICATION OF APPLICANTS
History Note: Authority G.S. 143-215.1(a); 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. October 1, 1987.
15A NCAC 02H .0211 Permit renewals
(See 15A NCAC 02T .0109)
History Note: Authority G.S. 143-215.3(e)(l);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1, 1990; October 1, 1987; January 1, 1984;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0212 ADMINISTRATIVE HEARINGS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.4; 143-215.1(e);
Eff. February 1, 1976;
Amended Eff. October 1, 1987;
Repealed Eff. August 1, 1988.
15A NCAC 02H .0213 Modification and revocation of permits
(See 15A NCAC 02T .0110)
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(b)(2);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; August 1, 1988; October 1, 1987; November 1, 1978;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0214 INVESTIGATIONS: MONITORING AND REPORTING
History Note: Authority G.S. 143-215.3(a); 143-215.1(b);
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. October 1, 1987.
15A NCAC 02H .0215 DELEGATION OF AUTHORITY
(See 15A NCAC 02T .0112)
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1, 1987; February 1, 1986;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0216 LIMITATION ON DELEGATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.9(d); 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. February 1, 1986.
15A nCAC 02h .0217 permitting by regulation
(See 15A NCAC 02T .0113)
History Note: Authority G.S. 130A-300; 143-215.1(a)(l); 143-215.3(a),(d);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; December 1, 1984;
Repealed Eff. September 1, 2006.
15A NCAC 02h .0218 local programs for sewer systems
(See 15A NCAC 02T .0306)
History Note: Authority G.S. 143-215.1; 143-215.3(a)(l);
Eff. February 1, 1986;
Amended Eff. February 1, 1993; October 1, 1987;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0219 Minimum design criteria
15a NCAC 02H .0220 Certification of Completion (See 15A NCAC 02T .0116)
15A NCAC 02H .0221 Operational agreements (See 15A NCAC 02T .0115)
History Note: Authority G.S. 143-215.1; 143-215.1(d)(1); 143-215.3(a); 143-215.3(a)(1); 143-215.3B(c); 143-215.3B(e);
Eff. October 1, 1987;
Amended Eff. February 1, 1993; August 1, 1988;
RRC Objection Eff. April 18, 1996 due to lack of statutory authority (.0219);
Amended Eff. June 1, 1996;
Repealed Eff. September 1, 2006.
15A ncac 02h .0222 the wastewater treatment works emergency fund
History Note: Authority G.S. 143-215.3(a); 143-215.3B(c); 143-215.3B(e);
Eff. August 1, 1988;
Amended Eff. February 1, 1993;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0223 demonstration of future wastewater treatment capacities
(See 15A NCAC 02T .0118)
15A NCAC 02H .0224 Treatment facility operation and maintenance
(See 15A NCAC 02T .0117)
History Note: Authority G.S. 143-215.3;
Eff. February 1, 1993;
Temporary Amendment Eff. September 13, 1993, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (.0223);
Amended Eff. February 1, 1994;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0225 conditions for issuing general permits
(See 15A NCAC 02T .0111)
History Note: Authority G.S. 143-215.1; 143-215.3(a)(l); 143-215.10C;
Temporary Adoption Eff. November 8, 1996;
Temporary Adoption Eff. May 8, 1997;
Eff. August 1, 1998;
Repealed Eff. September 1, 2006.
15A NCAC 02H .0226 INNOVATIVE ANIMAL WASTE OPERATION PERMITS FOR SWINE OPERATIONS
History Note: Authority G.S. 143-215.1; 143-215.10C; Clean Water Responsibility And Environmentally Sound Policy Act, S.L. 1997 c. 458;
Temporary Adoption Eff. August 21, 1998;
Temporary Adoption Expired May 11, 1999.
15a ncac 02H .0227 SYSTEM-WIDE COLLECTION SYSTEM PERMITTING
(See 15A NCAC 02T .0400)
History Note: Authority G.S. 143-215.1(a); 143-215.3(a),(d); NC Clean Water Act of 1999; S.L. 1999 c. 329;
Temporary Adoption Eff. March 1, 2000;
Eff. April 1, 2001;
Repealed Eff. September 1, 2006.
SECTION .0300 - SEPTIC TANK SYSTEMS
15A NCAC 02H .0301 SCOPE
15A NCAC 02H .0302 TECHNICAL GUIDE FOR EVALUATION OF SOIL ABSORPTION SITES
15A NCAC 02H .0303 INTERPRETATION AND TECHNICAL ASSISTANCE
15A NCAC 02H .0304 TABLE NO. I
15A NCAC 02H .0305 TABLE NO. II
15A NCAC 02H .0306 APPLICABILITY: VIOLATIONS
History Note: Authority G.S. 130A-160; 130A-335; 143-215.1; 143-215.6;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; February 1, 1986;
Repealed Eff. April 1, 1994.
SECTION .0400 - COASTAL WASTE TREATMENT DISPOSAL
15A NCAC 02H .0401 STATEMENT OF POLICY
15A NCAC 02H .0402 APPLICABILITY
15A NCAC 02H .0403 DEFINITION OF COASTAL AREAS
15A NCAC 02H .0404 FACILITY LOCATION AND DESIGN
15A NCAC 02H .0405 PRIVATELY OWNED INSTALLATIONS
15A NCAC 02H .0406 PUBLICLY OWNED SEWERAGE FACILITIES
15A NCAC 02H .0407 EXCEPTIONS FROM REQUIREMENTS
History Note: Authority G.S. 143-211; 143-214.2(c); 143-215; 143-215.1(a); 143-215.1(b)(1); 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 1986; April 1, 1983; September 13, 1981; May 11, 1980;
Repealed Eff. May 1, 2020.
15A NCAC 02H .0408 DISPOSAL OF STORMWATER
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1, 1988.
15A NCAC 02H .0409 TRIAL IMPLEMENTATION PERIOD/COASTAL STORMWATER CONTROLS
History Note: Authority G.S. 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1, 1988.
SECTION .0500 - WATER QUALITY CERTIFICATION
15A NCAC 02H .0501 APPLICABILITY AND DEFINITIONS
(a) This Section outlines the application and review procedures for activities that require State water quality certifications (certifications) pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341). Certifications are required for a federally permitted or licensed activity including, but not limited to, the construction or operation of facilities, which may result in a discharge into navigable waters. Failure to obtain a required certification is enforceable by the Department pursuant to Chapter 143, Article 21, Part 1.
(b) Water quality certifications may be issued for individual activities (individual certifications) or issued for specific types or groups of activities (general certifications):
(1) Individual certifications shall be issued on a case-by-case basis using the procedures outlined in this Section.
(2) General certifications may be developed by the Division and issued by the Director for specific types or groups of activities that are similar in nature and considered to have minimal impact. All activities that receive a Certificate of Coverage under a general certification from the Division shall be covered under that general certification. When written approval is required in the general certification, the application and review procedures for requesting a Certificate of Coverage under a general certification from the Division for the proposed activity are the same as the procedures outlined in this Section for individual certifications.
(c) The terms used in this Section shall be as defined in G.S. 143-212 and G.S. 143-213 and as follows:
(1) "Certification" means the State water quality certification pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341).
(2) "Class SWL wetland" means the term as defined at 15A NCAC 02B .0101.
(3) "Class UWL wetland" means the term as defined at 15A NCAC 02B .0101.
(4) "Cumulative impact" means environmental impacts resulting from incremental effects of an activity when added to other past, present, and reasonably foreseeable future activities, regardless of what entities undertake such other actions.
(5) "Department" means the Department of Environmental Quality and the Secretary of the Department of Environmental Quality.
(6) "Director" means the Director of the Division.
(7) "Division" means the Division of Water Resources of the North Carolina Department of Environmental Quality.
(8) "Secondary impact" means indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable to the applicant or the Division.
(9) "Wetland" means the term as defined in 15A NCAC 02B .0202.
History Note: Authority G.S. 143-211(c); 143-215.3(a)(1); 143-215.3(c); 143B-282(a)(1)(u); S.L 2017, c. 145, s. 2(b);
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Eff. October 1, 1996;
Readopted Eff. June 1, 2019.
15A NCAC 02H .0502 FILING APPLICATIONS
(a) Any person needing issuance of an individual water quality certification or Certificate of Coverage under a general certification required by this Section and Section 401 of the Clean Water Act shall file with the Director, at 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617 or 512 N. Salisbury Street, Raleigh, NC 27604, one complete copy of an application for certification or submit one complete copy of an application electronically via the following website: . The application shall be made on a form provided or approved by the Division or the U.S. Army Corps of Engineers, available electronically via the following website: . The application shall include at a minimum the following:
(1) the date of application;
(2) the name, address, and phone number of the applicant. If the applicant is not the property owner(s), the name, address, and phone number of the property owner(s);
(3) if the applicant is a corporation, the name and address of the North Carolina process agency, and the name, address, and phone number of the individual who is the authorized agent of the corporation and responsible for the activity for which certification is sought. The corporation must be registered with the NC Secretary of State's Office to conduct business in NC;
(4) the nature of the activity to be conducted by applicant;
(5) whether the discharge has occurred or is proposed;
(6) the location of the discharge, stating the municipality, if applicable; the county; the drainage basin; the name of the receiving waters; and the location of the point of discharge with regard to the receiving waters;
(7) a description of the receiving waters, including type (creek, river, swamp, canal, lake, pond, or estuary) if applicable; nature (fresh, brackish, or salt); and wetland classification;
(8) a description of the type of waste treatment facilities, if applicable;
(9) a map(s) or sketch(es) with a scale(s) and a north arrow(s) that is legible to the reviewer and of sufficient detail to delineate the boundaries of the lands owned or proposed to be utilized by the applicant in carrying out the activity; the location, dimensions, and type of any structures erected or to be erected on the lands for use in connection with the activity; and the location and extent of the receiving waters, including wetlands within the boundaries of the lands;
(10) an application fee as required by G.S. 143-215.3D(e); and
(11) a signature by the applicant for the federal permit or license or an agent authorized by the applicant. If an agent is signing for the applicant, an agent authorization letter must be provided. In signing the application, the applicant certifies that all information contained therein or in support thereof is true and correct to the best of their knowledge.
(b) Submission of an application to the Division of Coastal Management for a permit to develop in North Carolina's coastal area in accordance with the rules of 15A NCAC 07J .0200 shall suffice as an application for a water quality certification or certificate of coverage under a general certification upon receipt by the Division from the Division of Coastal Management.
(c) The Division may request in writing, and the applicant shall furnish, any additional information necessary to clarify the information provided in the application under Paragraph (a) of this Rule, or to complete the evaluation in Rule .0506 of this Section.
(d) If the applicant believes that it is not feasible or is unnecessary to furnish any portion of the information required by Paragraphs (a), (b) and (c) of this Rule, then the applicant shall submit an explanation detailing the reasons for omission of the information. The final decision regarding the completeness of the application shall be made by the Division based upon the information required in Paragraphs (a), (b) and (c) of this Rule, and any explanation provided by the applicant regarding omitted information provided in this Paragraph.
(e) Pursuant to G.S. 143-215.3(a)(2), the staff of the Division shall conduct such investigation as the Division deems necessary to clarify the information provided in the application under Paragraph (a) of this Rule or to complete the evaluation in Rule .0506 of this Section. The applicant shall allow the staff safe access to the lands and facilities of the applicant and lend such assistance as shall be reasonable for those places, upon the presentation of credentials.
History Note: Authority G.S. 143-211(c); 143-215.3(a)(1); 143-215.3(c); 143B-282(a)(1)(u);
Eff. February 1, 1976;
Amended Eff. December 1, 1984; January 1, 1979;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Recodified from 15A NCAC 2H .0501 Eff. October 1, 1996;
Amended Eff. October 1, 1996;
Readopted Eff. June 1, 2019.
15A NCAC 02H .0503 PUBLIC NOTICE AND PUBLIC HEARING
(a) The Division shall provide public notice for proposed General Certifications. This notice shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and posted on the Division's website: . Notice shall be made at least 30 calendar days prior to issuance of the General Certification by the Division. Public notice shall not be required for those activities covered by Certificates of Coverage under a General Certification.
(b) Notice of each pending application for an individual certification shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and shall be posted on the Division's website. Notice shall be made at least 30 calendar days prior to proposed final action by the Division on the application.
(c) The notice shall set forth:
(1) the name and address of the applicant;
(2) the action requested in the application;
(3) the nature and location of the discharge; and
(4) the proposed date of final action to be taken by the Division on the application.
The notice shall also state where additional information is available online and on file with the Division. Information on file shall be made available upon request between 8:00 am and 5:00 pm, Monday through Friday, excluding State holidays, and copies shall be made available upon payment of the cost thereof to the Division pursuant to G.S. 132-6.2.
(d) The public notice requirement for an individual certification as described in Paragraph (b) of this Rule may be satisfied by a joint notice with the Division of Coastal Management (15A NCAC 07J .0206) or the U.S. Army Corps of Engineers according to their established procedures.
(e) Any person who desires a public hearing on a General Certification or an individual certification application shall so request in writing to the Division at the address listed in Rule .0502 of this Section. The request must be received by the Division within 30 calendar days following the Public Notice.
(f) If the Director determines that there is significant public interest in holding a hearing, based upon such factors as the reasons why a hearing was requested, the nature of the project, and the proposed impacts to waters of the State, the Division shall notify the applicant in writing that there will be a hearing. The Division shall also provide notice of the hearing to all individuals on the mailing list as described in Paragraph (g) of this Rule and shall post the notice on the Division's website. The notice shall be published at least 30 calendar days prior to the date of the hearing. The notice shall state the time, place, and format of the hearing. The notice can be combined with the notice required under Paragraph (c) of this Rule. The hearing shall be held within 90 calendar days following date of notification to the applicant. The record for each hearing held under this Paragraph shall remain open for a period of 30 calendar days after the public hearing to receive public comments.
(g) Any person may request that he or she be emailed copies of all public notices required by this Rule. The Division shall add the email address of any such person to an email listerv and shall email copies of notices to all persons on the list.
(h) Any public hearing held pursuant to this Rule may be coordinated with other public hearings held by the Department or the U.S. Army Corps of Engineers.
History Note: Authority G.S. 143-211(c); 143-215.3(a)(1); 143-215.3(c); 143B-282(a)(1)(u);
Eff. February 1, 1976;
Amended Eff. December 1, 1984; September 1, 1984;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Recodified from 15A NCAC 02H .0502 Eff. October 1, 1996;
Amended Eff. October 1, 1996;
Readopted Eff. June 1, 2019.
15A NCAC 02H .0504 HEARING
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; December 1, 1984;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Recodified from 15A NCAC 2H .0503 Eff. October 1, 1996;
Amended Eff. October 1, 1996;
Repealed Eff. June 1, 2019.
15A NCAC 02H .0505 DELEGATIONS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(c);
Eff. February 1, 1976;
Repealed Eff. December 1, 1984.
15A NCAC 02H .0506 REVIEW OF APPLICATIONS
(a) NO WRITTEN CONCURRENCE REQUIRED. Applicants shall request a Certificate of Coverage under a general certification by submitting an application to the Division unless that general certification states that written concurrence from the Division is not required. When written concurrence is not required, the activities shall be deemed certified if all of the conditions of the general certification are followed and may proceed without the review procedures outlined in Paragraph (b) of this Rule.
(b) EVALUATION. The Division shall issue an individual certification or a "Certificate of Coverage" under a general certification upon determining that the proposed activity will comply with state water quality standards, which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in the rules of 15A NCAC 02B .0200 and the rules of 15A NCAC 02L .0100 and .0200. In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity:
(1) has avoided and minimized impacts to surface waters and wetlands to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion;
(2) would cause or contribute to a violation of water quality standards;
(3) would result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of water quality standards;
(4) provides for replacement of existing uses through compensatory mitigation as described in Paragraph (c) of this Rule;
(5) for Class SWL wetlands, is water dependent and requires access to water as a central element of its basic function. Projects funded by government agencies may be exempted from this requirement; and
(6) for Class UWL wetlands and wetlands that are habitat for state or federally listed threatened or endangered species, is necessary to meet a demonstrated public need.
(c) MITIGATION. Replacement or mitigation of unavoidable losses of existing uses shall be reviewed in accordance with all of the following guidelines:
(1) The Division shall coordinate mitigation requirements with other permitting agencies that are requiring mitigation for a specific project;
(2) Total impacts to less than one-tenth of one acre of Class WL and Class SWL wetlands for the entire project shall not require compensatory mitigation;
(3) All impacts to Class UWL wetlands shall require compensatory mitigation;
(4) Total impacts to less than 300 linear feet of perennial streams for the entire project shall not require compensatory mitigation. For linear publicly owned and maintained transportation projects that the U.S. Army Corps of Engineers determines are not part of a larger common plan of development, impacts to less than 300 linear feet per perennial stream shall not require compensatory mitigation;
(5) The ratio of mitigation required to classified surface waters or wetlands impacted is 1:1. The required area or length of mitigation required shall be multiplied by 1 for restoration, 1.5 for establishment, 2 for enhancement and 5 for preservation. These multiplier ratios shall not apply to approved mitigation sites where the Interagency Review Team (insert CFR reference) has approved other ratios;
(6) Mitigation shall comply with the requirements set forth in G.S. 143-214.11;
(7) Acceptable methods of mitigation, as defined in 33 CFR Part 332 available free of charge on the internet at: , include restoration, including both re-establishment and rehabilitation, establishment (creation), enhancement, and preservation. No more than 25 percent of the mitigation required by Subparagraph (c)(2), (3) or (4) of this Rule can be met through preservation, unless the Director determines that the public good would be better served by a higher percentage of preservation.
(8) Mitigation for impacts to classified surface waters and wetlands shall be conducted in North Carolina within the same river basin and in accordance with 33 CFR Part 332, available free of charge on the internet at: , unless otherwise approved by the Director;
(9) Mitigation for impacts to Class SWL wetlands shall be of the same wetland type (Class SWL wetlands);
(10) Mitigation for impacts to wetlands designated in Subparagraph (b)(6) of this Rule shall be of the same wetland type and within the same watershed when practical; and
(11) Mitigation for impacts to surface waters classified as WS-I, WS-II or WS-III and wetlands adjacent to waters classified as WS-I, WS-II or WS-III shall be within the same water supply watershed when practical.
History Note: Authority G.S. 143-211(c); 143-214.7C; 143-215.3(a)(1); 143-215.3(c); 143B-282(a)(1)(u); S.L. 2015-286; S.L. 2017-10;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Eff. October 1, 1996;
Readopted Eff. June 15, 2020.
15A NCAC 02H .0507 DECISION ON APPLICATION FOR CERTIFICATION
(a) The Director shall issue the certification, deny the application, provide notice of hearing pursuant to Rule .0503 of this Section, or request additional information within 60 calendar days after receipt of an application for certification. When the Director requests additional information, the 60-day review period restarts upon receipt of all of the additional information requested by the Director. Failure to issue the certification, deny the application, provide notice of hearing, or request additional information within 60 calendar days shall result in a waiver of the certification requirement by the Director, unless:
(1) The applicant agrees, in writing, to a longer period;
(2) The final decision is to be made pursuant to a public hearing;
(3) The applicant refuses the staff access to its records or premises for the purpose of gathering information necessary for the Director's decision; or
(4) Information necessary for the Director's decision is unavailable.
(b) The Director shall issue the certification, deny the application, or request additional information within 60 calendar days following the close of the record for the public hearing. Failure to take action within 60 calendar days shall result in a waiver of the certification requirement by the Director, unless Subparagraphs (a)(1), (3), or (4) of this Rule apply.
(c) Any certification issued pursuant to this Section may contain such conditions as the Director shall deem necessary to ensure compliance with Sections 301, 302, 303, 306, and 307 of the Clean Water Act and with State water law. The conditions included in the certification shall become enforceable by the Department pursuant to Chapter 143, Article 21, Part 1 when the federal permit or license is issued.
(d) Modification or Revocation of Certification:
(1) Any certification issued pursuant to this Section may be subject to revocation or modification by the Director for violation of Sections 301, 302, 303, 306, or 307 of the Clean Water Act or State water law.
(2) Any certification issued pursuant to this Section may be subject to revocation or modification by the Director upon a determination that information contained in the application or presented in support thereof is incorrect or if the conditions under which the certification was made have changed.
(e) The Division shall notify the applicant of the final action to issue or deny the application. In the event that the Director denies the application, the Director shall specify the reasons for the denial. A copy of the notification shall be sent to the appropriate federal licensing or permitting agency and EPA.
(f) The issuance or denial is a final agency decision that is subject to administrative review pursuant to G.S. 150B-23.
History Note: Authority G.S. 143-211(c); 143-215.3(a)(1); 143-215.3(c); 143B-282(a)(1)(u);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; December 1, 1984;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Recodifed from 15A NCAC 2H .0504 Eff. October 1, 1996;
Amended Eff. October 1, 1996;
Readopted Eff. June 1, 2019.
SECTION .0600 - AIR QUALITY PERMITS
15A NCAC 02H .0601 PURPOSE AND SCOPE
15A NCAC 02H .0602 DEFINITIONS
15A NCAC 02H .0603 APPLICATIONS
15A NCAC 02H .0604 FINAL ACTION ON PERMIT APPLICATIONS
15A NCAC 02H .0605 ISSUANCE: REVOCATION: AND ENFORCEMENT OF PERMITS
15A NCAC 02H .0606 DELEGATION OF AUTHORITY
History Note: Filed as a Temporary Repeal Eff. March 8, 1994 for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 143-213; 143-215.3(a)(1), (4); 143-215.108; 143-215.109; 143-215.114;
Eff. February 1, 1976;
Readopted Eff. June 1, 1981;
Amended Eff. December 1, 1993; December 1, 1992; October 1, 1991; August 1, 1991;
Repealed Eff. July 1, 1994.
15A NCAC 02H .0607 COPIES OF REFERENCED DOCUMENTS
History Note: Filed as a Temporary Repeal Eff. March 8, 1994 for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority G.S. 150B-21.6;
Eff. December 1, 1976;
Amended Eff. December 1, 1992; June 1, 1980; December 15, 1978; November 1, 1978;
Readopted with Change Eff. June 1, 1981;
Amended Eff. August 1, 1991; July 1, 1988; July 1, 1987; July 1, 1984;
Repealed Eff. July 1, 1994.
15A NCAC 02H .0608 PERMITS FOR SOURCES IMPACTING NONATTAINMENT AREAS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. June 1, 1980;
Repealed Eff. June 1, 1981.
15A NCAC 02H .0609 PERMIT FEES
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b);
Eff. August 1, 1988;
Amended Eff. December 1, 1992;
Repealed Eff. January 1, 1995.
15A NCAC 02H .0610 PERMIT REQUIREMENTS FOR TOXIC AIR POLLUTANTS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1996; October 1, 1993; December 1, 1992; September 1, 1992; March 1, 1992;
Temporary Amendment Eff. July 20, 1997;
Temporary Amendment Expired April 11, 1998;
Repealed Eff. April 1, 1999.
SECTION .0700 - DAM SAFETY APPROVALS
15A NCAC 02H .0701 PURPOSE
15A NCAC 02H .0702 DEFINITION OF TERMS
15A NCAC 02H .0703 PROCEDURES FOR OBTAINING APPROVAL
15A NCAC 02H .0704 APPLICATION AND SUPPLEMENTAL INFORMATION
15A NCAC 02H .0705 STANDARDS FOR IMPOSITION OF CONDITIONS ON APPROVAL
15A NCAC 02H .0706 STANDARDS FOR COMMENCEMENT: SUPERVISION AND COMPLETION
15A NCAC 02H .0707 STANDARDS FOR REVOKING: DENYING: MODIFYING APPROVAL
15A NCAC 02H .0708 DELEGATION OF AUTHORITY
History Note: Authority G.S. 143-215.3(a)(4); 143-215.26 through 143-215.30;
143-215.34;
Eff. February 1, 1976;
Amended Eff. November 1, 1978; September 10, 1976;
Repealed Eff. June 15, 1980.
SECTION .0800 – LABORATORY CERTIFICATION
15A NCAC 02H .0801 PURPOSE
15A NCAC 02H .0802 SCOPE
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; July 1, 1988; December 1, 1984; November 1, 1978;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Repealed Eff. July 1, 2019.
15A NCAC 02H .0803 DEFINITIONS
The following terms as used in this Section shall have the assigned meaning:
(1) "Acceptable Proficiency Testing Results" means those results on Proficiency Testing Samples that are within the Vendor-specified acceptable range as indicated by a Vendor or Split Samples that are within the specified acceptance range as provided by the State Laboratory.
(2) "Analytical Chemistry Experience" means experience analyzing samples in a chemistry laboratory or supervising a chemistry laboratory that analyzes samples.
(3) "Approved Procedure" means an analytical procedure based upon reference methods found in Rule .0805(a)(1)(A) through (E) of this Section, and approved for use for monitoring subject to G.S. 143-215.1 and 143-215.63 and the rules of this Section. State Laboratory Approved Procedures for Field Parameters may be obtained by request from the State Laboratory or on the State Laboratory Certification website at .
(4) "Certification" means a declaration by the State Laboratory that the personnel, equipment, records, quality control procedures, and methodology cited by the applicant comply with these Rules and that the applicant's proficiency with analytical chemistry has been considered and found to be acceptable by the State Laboratory pursuant to these Rules.
(5) "Certified Data" means any analytical result, including the Supporting Records, obtained using a method or procedure pursuant to Rule .0805(a)(1)(A) through (F) of this Section.
(6) "CFR" means the Code of Federal Regulations.
(7) "Commercial Laboratory" means any laboratory, including its agents or employees, which is seeking to analyze or is analyzing samples in a chemistry laboratory or in a field setting, including Field Parameters, for others for a fee.
(8) "Decertification" means loss of Certification.
(9) "Director" means the Director of the Division of Water Resources.
(10) "Division" means the Division of Water Resources.
(11) "Falsified Data or Information" means data or information that, whether by intent or disregard for accuracy, has been altered, fabricated, or otherwise mischaracterized by omission or substitution, such that the value or information reported is incorrect, incomplete, or inaccurate.
(12) "Field Laboratory" means a laboratory, including its agents or employees, that is seeking Certification to analyze or is analyzing samples in a chemistry laboratory or a field setting for Field Parameters only.
(13) "Field Parameters" shall include Total Residual Chlorine, Free Available Chlorine, Conductivity, Dissolved Oxygen, pH, Settleable Residue, Salinity, Sulfite, Turbidity, Temperature, Vector Attraction Reduction Option 5, Vector Attraction Reduction Option 6, and Vector Attraction Reduction Option 12.
(14) "Inaccurate Data or Other Information" means data or information that is in any way incorrect or mistaken.
(15) "Industrial Laboratory" means a laboratory, including its agents or employees, operated by an industry to analyze samples in a chemistry laboratory or in a field setting under the scope of these Rules.
(16) "In-situ" means in the original or natural place or site.
(17) "Matrix Spike" means an additional aliquot of an environmental sample to which a known concentration of the analytes of interest is added before sample preparation, cleanup, and determinative procedures have been implemented. It is used to assess the performance of the method by measuring the effects of interferences caused by the sample matrix and reflects the bias of the method for the particular matrix in question.
(18) "Mobile Laboratory" means a collection of analytical equipment and instruments contained in an environmentally controlled vehicle that can be deployed to a project site for other than Field Laboratory Certification purposes.
(19) "Municipal Laboratory" means a laboratory, including its agents or employees, operated by a municipality or other local government to analyze samples in a chemistry laboratory or in a field setting under the scope of these Rules. Municipal Laboratories may cost-share among Municipal Laboratories or charge a cost recovery fee or surcharge to operate their Pretreatment Program.
(20) "Other Laboratory" means a facility that is not required to obtain State Laboratory Certification as part of its routine operation and does not analyze samples in a chemistry laboratory or in a field setting for a fee, or is doing business as a non-profit facility.
(21) "Parameter" means the analyte, element, compound, or property being measured.
(22) "Parameter Method" means a type of analytical technique, including materials and tools, used to measure a Parameter.
(23) "Pretreatment Program" means a program of waste pretreatment requirements set up in accordance with 15A NCAC 02H .0900, and approved by the Division.
(24) "Proficiency Testing (PT) Sample" means a performance evaluation sample whose true value is unknown to the laboratory and provided by a State Laboratory-approved Vendor to test whether the laboratory can produce analytical results within the specified acceptance criteria.
(25) "Recertification" means re-instating Certification at the end of the Decertification period imposed by the Division pursuant to Rule .0807 of this Section.
(26) "Reference Temperature-Measuring Device" means a National Institute of Standards and Technology (NIST) traceable temperature-measuring device used only to verify the calibration of other temperature-measuring devices.
(27) "Root Cause" means the originating factor that caused a nonconformance.
(28) "Second Source" means reference solutions from a different manufacturer or from the same manufacturer and identified by a different lot number.
(29) "Split Sample" means two or more representative portions taken from a sample or subsample and analyzed by two or more laboratories approved by the State Laboratory.
(30) "Standard Operating Procedure (SOP)" means a laboratory's analytical or operational procedures, described with sufficient detail to allow someone similarly qualified to reproduce the procedures used to generate the test or desired result.
(31) "State" means the North Carolina Department of Environmental Quality.
(32) "State Laboratory" means the Water Sciences Section, including the Laboratory Certification Branch of the North Carolina Division of Water Resources.
(33) "Supporting Record" means any document or other source of information compiled, recorded, or stored in written form, by electronic process, or in any other manner that provides any information necessary to reconstruct or characterize a reported value.
(34) "Unacceptable Proficiency Testing Results" means those results on Proficiency Testing Samples that do not fall within the Vendor-specified acceptable range as stated by a State Laboratory-approved Vendor, or Split Samples that do not fall within the specified acceptable range as indicated by the State Laboratory, or a failure to meet a reporting deadline imposed by the Vendor or State Laboratory.
(35) "Uncertified Data" means any analytical result, including the Supporting Records, obtained using a method or procedure that is not acceptable to the State Laboratory pursuant to these Rules; analytical results produced by a laboratory for an analysis not within the scope of the rules of this Section; or analytical results produced by a laboratory without proper Certification.
(36) "US EPA" means the United States Environmental Protection Agency.
(37) "Vector Attraction Reduction Option" refers to an option for demonstrating a reduction in vector attraction of sewage sludge listed in 40 CFR 503.33(b)(1) through (b)(12).
(38) "Vendor" means an accredited Proficiency Testing Sample provider recognized by The NELAC Institute (TNI).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1, 1984; November 1, 1978;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0804 PARAMETERS FOR WHICH CERTIFICATION MAY BE REQUESTED
(a) Commercial Laboratories shall obtain Certification for Parameter Methods used to generate data that will be reported by the client to the State in accordance with the rules of this Section. Municipal and Industrial Laboratories shall obtain Certification for Parameter Methods used to generate data that will be reported to the State in accordance with the rules of this Section. Commercial Laboratories shall obtain Certification for Field Parameter Methods used to generate data that will be reported by the client to the State in accordance with the rules of this Section. Municipal and Industrial laboratories shall obtain Certification for Field Parameter Methods used to generate data that will be reported to the State in accordance with the rules of this Section.
(b) Inorganics: Each of the inorganic, physical characteristic, and microbiological analytes listed in this Paragraph shall be considered a certifiable parameter. Analytical methods shall be determined from the sources listed in Rule .0805(a)(1) of this Section. One or more analytical methods or Parameter Methods may be listed with a laboratory's certified Parameters. Certifiable inorganic, physical characteristic, and microbiological Parameters are as follows:
(1) Acidity;
(2) Alkalinity;
(3) Biochemical Oxygen Demand;
(4) Bromide;
(5) Carbonaceous Biochemical Oxygen Demand;
(6) Chemical Oxygen Demand;
(7) Chloride;
(8) Chlorine, Free Available;
(9) Chlorine, Total Residual;
(10) Chlorophyll;
(11) Coliform, Fecal;
(12) Coliform, Total;
(13) Color;
(14) Conductivity/Specific Conductance;
(15) Cyanide;
(16) Dissolved Organic Carbon;
(17) Dissolved Oxygen;
(18) Enterococci;
(19) Escherichia Coliform (E. coli);
(20) Flash Point;
(21) Fluoride;
(22) Hardness, Total;
(23) Ignitability;
(24) Surfactants as Methylene Blue Active Surfactants;
(25) Nitrogen, Ammonia;
(26) Nitrogen, Nitrite plus Nitrate;
(27) Nitrogen, Nitrate;
(28) Nitrogen, Nitrite;
(29) Nitrogen, Total Kjeldahl;
(30) Oil and Grease;
(31) Orthophosphate;
(32) Paint Filter Liquids;
(33) pH;
(34) Phenols;
(35) Phosphorus, Total;
(36) Residue, Settleable;
(37) Residue, Total;
(38) Residue, Total Dissolved;
(39) Residue, Total Suspended;
(40) Residue, Volatile;
(41) Salinity;
(42) Salmonella;
(43) Silica;
(44) Sulfate;
(45) Sulfide;
(46) Sulfite;
(47) Temperature;
(48) Total Organic Carbon;
(49) Turbidity;
(50) Vector Attraction Reduction: Option 1;
(51) Vector Attraction Reduction: Option 2;
(52) Vector Attraction Reduction: Option 3;
(53) Vector Attraction Reduction: Option 4;
(54) Vector Attraction Reduction: Option 5;
(55) Vector Attraction Reduction: Option 6;
(56) Vector Attraction Reduction: Option 7;
(57) Vector Attraction Reduction: Option 8; and
(58) Vector Attraction Reduction: Option 12.
(c) Metals: Each of the metals listed in this Paragraph shall be considered a certifiable Parameter. One or more Parameter Methods shall be listed with a laboratory's certified Parameters. Analytical methods shall be determined from the sources listed in Rule .0805(a)(1) of this Section. Certifiable metals are as follows:
(1) Aluminum;
(2) Antimony;
(3) Arsenic;
(4) Barium;
(5) Beryllium;
(6) Boron;
(7) Cadmium;
(8) Calcium;
(9) Chromium, Hexavalent (Chromium VI);
(10) Chromium, Total;
(11) Chromium, Trivalent (Chromium III);
(12) Cobalt;
(13) Copper;
(14) Hardness, Total (Calcium + Magnesium);
(15) Iron;
(16) Lead;
(17) Lithium;
(18) Magnesium;
(19) Manganese;
(20) Mercury;
(21) Molybdenum;
(22) Nickel;
(23) Potassium;
(24) Phosphorus;
(25) Selenium;
(26) Silica;
(27) Silver;
(28) Sodium;
(29) Strontium;
(30) Thallium;
(31) Tin;
(32) Titanium;
(33) Vanadium; and
(34) Zinc.
(d) Organics: Each of the organic Parameters listed in this Paragraph shall be considered a certifiable Parameter. One or more Parameter Methods shall be listed with a laboratory's certified Parameters. Analytical methods shall be determined from the sources listed in Rule .0805(a)(1) of this Section. Certifiable organic Parameters are as follows:
(1) 1,2-Dibromoethane (EDB); 1,2-Dibromo-3-chloro-propane (DBCP); 1,2,3-Trichloropropane (TCP);
(2) Acetonitrile;
(3) Acrolein, Acrylonitrile;
(4) Adsorbable Organic Halides;
(5) Base/Neutral and Acid Organics;
(6) Benzidines;
(7) Chlorinated Acid Herbicides;
(8) Chlorinated Hydrocarbons;
(9) Chlorinated Phenolics;
(10) Explosives;
(11) Extractable Petroleum Hydrocarbons;
(12) Haloethers;
(13) N-Methylcarbamates;
(14) Nitroaromatics and Isophorone;
(15) Nitrosamines;
(16) Nonhalogenated Volatile Organics;
(17) Organochlorine Pesticides;
(18) Organophosphorus Pesticides;
(19) Phenols;
(20) Phthalate Esters;
(21) Polychlorinated Biphenyls;
(22) Polynuclear Aromatic Hydrocarbons;
(23) Purgeable Aromatics;
(24) Purgeable Halocarbons;
(25) Purgeable Organics;
(26) Total Organic Halides;
(27) Total Petroleum Hydrocarbons – Diesel Range Organics;
(28) Total Petroleum Hydrocarbons – Gasoline Range Organics; and
(29) Volatile Petroleum Hydrocarbons.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1, 1984;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0805 CERTIFICATION AND RENEWAL OF CERTIFICATION
(a) Prerequisites and requirements for Certification. The following requirements shall be met by all laboratories, excluding Field Laboratories, prior to Certification. Once certified, failure to comply with any of the following items shall be a violation of Certification requirements.
(1) Laboratory Procedures. Analytical methods, sample preservation, sample containers, and sample holding times shall conform to the requirements found in:
(A) 40 CFR Part 136 and 40 CFR Part 503;
(B) Standard Methods for the Examination of Water and Wastewater;
(C) Test Methods for Evaluating Solid Waste, SW-846, Third Edition;
(D) Control of Pathogens and Vector Attraction in Sewage Sludge; EPA/625/R-92/013;
(E) Massachusetts Department of Environmental Protection, Method for the Determination of Volatile Petroleum Hydrocarbons (VPH), February 2018, Revision 2.1, and Method for the Determination of Extractable Petroleum Hydrocarbons (EPH), May 2004, Revision 1.1, and
(F) The State Laboratory may develop Approved Procedures for Field Parameters based upon the methods in any of the sources referenced in Parts(a)(1)(A) through (E) of this Rule.
(G) The procedures and methods listed in this Subparagraph are incorporated by reference, including subsequent amendments and editions.
(H) The materials in this Subparagraph are available for inspection at the State Laboratory, 4405 Reedy Creek Road, Raleigh, North Carolina, 27607 or may be obtained from:
(i) The Code of Federal Regulations, 40 CFR Part 136 and 40 CFR Part 503, may be obtained from the Superintendent of Documents, U.S. Government Printing Office (GPO), Superintendent of Public Documents, Washington, D.C., 20402 and free of charge at .
(ii) Standard Methods for the Examination of Water and Wastewater, is available for purchase from American Water Works Association (AWWA), 6666 West Quincy Avenue, Denver, CO 80235; American Public Health Association (APHA), 8001 Street, NW, Washington, D.C. 20001; or Water Environment Federation (WEF), 601 Wythe Street, Alexandria, VA 22314; and .
(iii) Test Methods for Evaluating Solid Waste, SW-846, Third Edition may be obtained from the Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, D.C. 20402 and free of charge at .
(iv) Control of Pathogens and Vector Attraction in Sewage Sludge; EPA/625/R-92/013 is available from US EPA; Office of Research and Development, Washington, D.C. 20460 and free of charge at .
(v) Massachusetts Department of Environmental Protection, Method for the Determination of Volatile Petroleum Hydrocarbons (VPH), February 2018, Revision 2.1, et seq. and Method for the Determination of Extractable Petroleum Hydrocarbons (EPH), May 2004, Revision 1.1, et seq may be obtained from the Massachusetts Department of Environmental Protection, Senator William X. Wall Experiment Station, 37 Shattuck Street, Lawrence, MA, 01843-1398 and free of charge at and , respectively.
(vi) State Laboratory Approved Procedures for Field Parameters may be obtained by request from the State Laboratory or on the State Laboratory website at .
(J) The Commission or assigned delegate may approve other analytical procedures, parameters, or Parameter Methods that produce verifiable and repeatable results.
(2) Proficiency Testing. Annually, each certified laboratory shall achieve Acceptable Proficiency Testing Results on a minimum of one evaluation sample for each Parameter Method listed on their Certified Parameters Listing for which Proficiency Testing Samples are available from more than one Vendor, as required by these Rules. When two Proficiency Testing Samples for the same Parameter Method are analyzed and submitted at the same time, an unacceptable result on one or both samples shall be considered the first unacceptable result for Certification purposes. A laboratory that submits Unacceptable Proficiency Testing Results for two Proficiency Testing Samples for the same Parameter Method submitted at the same time shall analyze a remedial Proficiency Testing Sample to show a return to control and send a description of corrective actions to the State Laboratory that includes the Root Cause of the failure and the corrective actions taken to prevent recurrence. Proficiency Testing samples shall be analyzed in the same manner that routine samples are analyzed using the same staff, sample tracking, sample preparation procedures, analytical methods, standard operating procedures, calibration techniques, quality control procedures, and acceptance criteria.
(A) All laboratories shall participate annually in an evaluation study by analyzing Proficiency Testing Samples obtained from a State Laboratory-approved Vendor as unknowns, and arranging with the Vendor to send the graded results directly to the State Laboratory by the date due. A laboratory that submits Unacceptable Proficiency Testing Results shall analyze a remedial Proficiency Testing Sample using the same Parameter Method to show a return to control and send a description of corrective actions to the State Laboratory that includes the Root Cause of the failure and the corrective actions taken to prevent recurrence.
(B) Laboratories requesting initial Certification or additional Parameter Method Certification shall submit an acceptable Proficiency Testing sample result from the most recent attempt analyzed within the last six months for each Parameter Method for which Proficiency Testing samples are available. Laboratories shall analyze Proficiency Testing samples obtained from a State Laboratory-approved Vendor as unknowns and arrange with the Vendor to send the graded results directly to the State Laboratory. Laboratories that submit two consecutive Unacceptable Proficiency Testing Results for a particular Parameter Method shall then submit two consecutive Acceptable Proficiency Testing results from the most recent attempt analyzed within the six months prior to initial Certification for that Parameter Method.
(C) If Proficiency Testing Samples are not available, Certification for that Parameter shall be based on the on-site inspection, adherence to the approved procedures, and the other requirements in this Section. Analysis of Split Samples may also be required if Proficiency Testing Samples are not available or if analysis of Proficiency Testing Samples is not representative of the entire analytical process.
(3) Supervisory Requirements.
(A) The supervisor of a Commercial Laboratory shall have a Bachelor's degree in chemistry or other science curricula from a college or university recognized as accredited by the U.S. Department of Education, plus two years of laboratory experience in analytical chemistry, or a two-year associate degree in chemistry technology, environmental sciences, or other science curricula from a college, university, or technical institute, recognized as accredited by the U.S. Department of Education, plus four years of experience in analytical chemistry.
(B) The supervisor of a non-Commercial Municipal, Industrial, Mobile, or Other Laboratory shall have a Bachelor's degree in chemistry or other science curricula from a college or university recognized as accredited by the U.S. Department of Education, plus six months of laboratory experience in analytical chemistry or an equivalent combination of education and work experience, or a two-year associate degree in chemistry technology, environmental sciences, or other science curricula from a college or university recognized as accredited by the U.S. Department of Education, plus two years of experience in analytical chemistry or an equivalent combination of education and work experience. Non-degree supervisors shall have six years of laboratory experience in analytical chemistry or an equivalent combination of education and work experience.
(C) All laboratory supervisors shall be subject to review by the State Laboratory. One person may serve as supervisor of no more than two certified laboratories. The supervisor shall provide personal and direct supervision of the technical personnel and shall be responsible for adherence to all requirements in this Section. The supervisor shall work in the laboratory or contact the laboratory once each day tests, analyses, measurements, or monitoring required under G.S. 143 Article 21 are performed and Supporting Records shall be maintained as evidence of this supervision. If the supervisor will be absent, the supervisor shall arrange for a substitute capable of insuring adherence to all requirements in this Rule. The substitute supervisor shall not be in charge for more than 12 consecutive weeks. Previous laboratory-related performance shall be considered when reviewing the qualifications of a potential laboratory supervisor.
(4) Laboratory Manager. Each laboratory shall designate a laboratory manager and include his or her name and title on the application for Certification. The laboratory manager shall be administratively above the laboratory supervisor and will be in responsible charge in the event the laboratory supervisor ceases to be employed by the laboratory and will be responsible for filling the laboratory supervisor position with a replacement qualified pursuant to these Rules. At Commercial Laboratories, where the owner is the laboratory supervisor, the laboratory manager and laboratory supervisor may be the same person if there is no one administratively above the laboratory supervisor.
(5) Application. Each laboratory requesting initial Certification shall submit an application to the State Laboratory that includes the laboratory name, contact information, EPA laboratory code number, applicable permit number(s), laboratory supervisor information, analytical methods, and equipment. The application may be obtained by request from the State Laboratory or on the State Laboratory website at . The application fee and the laboratory's quality assurance manual, including Standard Operating Procedures for all requested Parameter Methods, must also be submitted. Separate application and Certification shall be required for each Mobile Laboratory and the applicant shall supply the vehicle make, vehicle identification number, and license number. Separate application and Certification shall be required for all stationary laboratories maintained on properties that do not share a common boundary line, even though operated under the same management; however, separate Certification shall not be required for separate buildings on the same or adjoining grounds. Analysis of Field Parameters away from the physical location of the laboratory shall be permitted without separate Certification. After receiving a completed application and prior to issuing Certification, a representative of the State Laboratory may visit each laboratory to verify the information in the application and the adequacy of the laboratory.
(6) Facilities, Supplies, and Equipment. Each laboratory requesting Certification shall be maintained so as to ensure the security and integrity of samples. Samples shall be analyzed in such a manner that contamination or error will not be introduced. Each facility shall contain or be equipped with the following:
(A) A source of water that will meet the minimum criteria of the approved methodologies; and
(B) Glassware, chemicals, supplies, and equipment required to perform all tests, analyses, measurements, or monitoring included in its Certification.
(7) Analytical quality assurance and quality control program. Each laboratory shall have a documented analytical quality assurance and quality control program. Each laboratory shall have a copy of each approved test, analysis, measurement, or monitoring procedure being used in the laboratory. Each laboratory shall develop documentation outlining the analytical quality control practices used for the Parameter Methods included in its Certification, including Standard Operating Procedures for each certified Parameter Method. Quality assurance, quality control, and Standard Operating Procedure documentation shall indicate the effective date of the document and be reviewed every two years and updated if changes in procedures are made. Each laboratory shall have a formal process to track and document review dates and any revisions made in all quality assurance, quality control, and Standard Operating Procedure documents. Supporting Records shall be maintained as evidence that these practices are implemented. The quality assurance, quality control, and Standard Operating Procedure documents shall be available for inspection by the State Laboratory. The following shall be included in each certified laboratory's quality assurance and quality control program. For analysis of Field Parameters, a certified laboratory shall follow the quality assurance and quality control requirements in Subparagraphs (g)(1) through (9) of this Rule.
(A) Unless specified by the method or this Rule, each laboratory shall establish performance acceptance criteria for all quality control analyses. Each laboratory shall calculate and document the precision and accuracy of all quality control analyses with each sample set. When the method of choice specifies performance acceptance criteria for precision and accuracy, and the laboratory chooses to develop laboratory-specific limits, the laboratory-specific limits shall not be less stringent than the criteria stated in the approved method.
(B) If quality control results fall outside established limits or show an analytical problem, the laboratory shall identify the Root Cause of the failure. The problem shall be resolved through corrective action, the corrective action process documented, and any samples involved shall be reanalyzed, if possible. If the sample cannot be reanalyzed, or if the quality control results continue to fall outside established limits or show an analytical problem, the results shall be qualified as such.
(C) Except where otherwise specified in an analytical method, laboratories shall analyze five percent of all samples in duplicate to document precision. Laboratories analyzing fewer than 20 samples per month shall analyze one duplicate during each month that samples are analyzed.
(D) Unless the referenced method states a greater frequency or the parameter is not amenable to spiking, laboratories shall spike five percent of samples monthly. Laboratories analyzing fewer than 20 samples per month shall analyze one Matrix Spike during each month that samples are analyzed.
(E) All analytical records, including original observations and information necessary to facilitate historical reconstruction of the calculated results, shall be maintained for five years. All analytical data and records pertinent to each certified analysis shall be available for inspection upon request. All analytical records shall be legible to all parties and safeguarded against unauthorized amendment, obliteration, erasures, overwriting, and corruption. Records that are stored only on electronic media shall be maintained throughout the five-year retention period and supported in the laboratory by all hardware and software necessary for data retrieval and review. All documentation errors shall be corrected by drawing a single line through the error so that the original entry remains legible. Entries shall not be obliterated by erasures or markings. Wite-Out®, correction tape, or similar products designed to obliterate documentation shall not to be used; instead, the correction shall be written adjacent to the error. The correction shall be initialed by the responsible individual and the date of change documented. All manual data and log entries shall be written in indelible ink.
(F) All laboratories shall use printable laboratory benchsheets. Certified Data shall be traceable to the associated sample analyses and shall consist of:
(i) the method or Standard Operating Procedure;
(ii) the laboratory identification;
(iii) the instrument identification;
(iv) the sample collector;
(v) the signature or initials of the analyst;
(vi) the date and time of sample collection;
(vii) the date of sample analyses;
(viii) the time of sample analyses (when required to document a required holding time or when time-critical steps are imposed by the method, a federal regulation, or this Rule);
(ix) sample identification;
(x) sample preparation, where applicable;
(xi) the volume of sample analyzed, where applicable;
(xii) the proper units of measure;
(xiii) the dilution factor, where applicable;
(xiv) all manual calculations;
(xv) all quality control assessments;
(xvi) the value from the measurement system;
(xvii) the final value to be reported; and
(xviii) any other data needed to reconstruct the final calculated result.
Each item shall be recorded each time that samples are analyzed. The date and time that samples are placed into and removed from ovens, water baths, incubators and other equipment shall be documented if a time limit is required by the method.
(G) If certified for total suspended residue, total dissolved residue, or total residue, laboratories shall analyze one standard monthly during each month samples are analyzed.
(H) For analytical procedures requiring analysis of a series of standards, the concentrations of these standards shall bracket the range of the sample concentrations measured. One of the standards shall have a concentration equal to or less than the laboratory's lowest reporting concentration for the parameter involved. All data sets shall reference the corresponding calibration. Laboratories shall analyze or back-calculate a standard at the same concentration as the lowest reporting concentration each day samples are analyzed. A calibration blank and calibration verification standard shall be analyzed prior to sample analysis, after every tenth sample, and at the end of each sample group, unless otherwise specified by the method, to check for carryover and calibration drift.
(i) The concentration of reagent, method, and calibration blanks shall not exceed 50 percent of the lowest reporting concentration or as otherwise specified by the reference method.
(ii) Laboratories shall analyze one known second source standard to verify the accuracy of standard preparation if an initial calibration is performed and in accordance with the referenced method requirements thereafter.
(iii) For electrode analyses, a series of two or more non-zero standards shall be used.
(iv) For metals analyses, a series of three or more non-zero standards or standards as set forth in the analytical procedure shall be analyzed with each sample set.
(v) For colorimetric analyses, a series of five or more non-zero standards for a curve prepared every 12 months or three or more non-zero standards for curves established each day, or standards as set forth in the analytical procedure, shall be analyzed to establish a calibration curve. A manufacturer's factory-set calibration (internal curve) shall be verified with the same number of standards and frequency as a prepared curve.
(vi) For ion chromatographic analyses, a series of five or more non-zero standards for a curve prepared every 12 months or three or more non-zero standards for curves established each day, or standards as set forth in the analytical procedure, shall be analyzed to establish a calibration curve.
(I) Each day samples are placed into or removed from an incubator, oven, water bath, refrigerator, or other temperature-controlled device, the temperature shall be checked, recorded, dated, and initialed. If a method requires more frequent monitoring, the method shall be followed. During each use of an autoclave, the temperature, pressure, cycle time, and items autoclaved shall be checked, recorded, dated, and initialed.
(J) The analytical balance shall be checked with one ASTM Type 1, Class 1 or 2, or equivalent standard weight each day used. These weights shall be verified every five years. The analytical balance shall be verified monthly with three ASTM Type 1, Class 1 or 2, or equivalent standard weights across the range of use. The values obtained shall be recorded, dated, and initialed. Laboratory analytical balances shall be serviced by a metrology vendor or technician every 12 months to verify that the balance is functioning within manufacturer's specifications.
(K) Chemical containers shall be dated when received and when opened. Reagent containers shall be dated, identified, and initialed when prepared. Chemicals and reagents exceeding the expiration date shall not be used. The laboratory shall have a documented system of traceability for the purchase, preparation, and use of all chemicals, reagents, standards, and consumables.
(L) A record of sample collection date, sample collection time, sample collector, and the use of proper preservatives and preservation techniques shall be maintained. Each North Carolina sample shall indicate the collection site on all record transcriptions.
(M) Sample preservation shall be verified and documented. If a laboratory receives a sample subject to G.S. 143-215.1 and 143-215.63 that does not meet sample collection, holding time, or preservation requirements, the laboratory shall document the incident, notify the sample collector or client, and secure another sample that meets the regulatory requirements, if possible. If another viable sample cannot be secured, the original sample may be analyzed but the results reported shall be qualified with the nature of the sample collection, holding time, or preservation infractions and the laboratory shall notify the State Laboratory of the infractions. The notification shall include a statement indicating corrective action taken to prevent future infractions.
(N) All temperature-measuring devices shall have accuracy that meets or exceeds one-half the tolerance required for its intended use. All temperature-measuring devices shall be used, stored, and maintained according to the manufacturer's instructions.
(i) Reference Temperature-Measuring Devices shall meet National Institute of Standards and Technology (NIST) specifications for accuracy and shall be recalibrated in accordance with the manufacturer's recalibration date not to exceed five years. If no recalibration date is given, the Reference Temperature-Measuring Device shall be recalibrated every five years.
(ii) Excluding digital, incubator, and infrared temperature-measuring devices, all non-Reference Temperature-Measuring Devices shall be verified at the temperature of use every 12 months against a Reference Temperature-Measuring Device and their accuracy shall be corrected.
(iii) Digital temperature-measuring devices and temperature-measuring devices used in incubators shall be verified at the temperature of use every three months against a Reference Temperature-Measuring Device and their accuracy shall be corrected.
(iv) Infrared temperature-measuring devices shall be verified every three months at three different temperatures over the temperature range of use against a Reference Temperature-Measuring Device and their accuracy shall be corrected. Each day of use, infrared temperature-measuring devices shall be verified against a non-Reference Temperature-Measuring Device that meets NIST specifications for accuracy. If the infrared temperature-measuring device does not agree within 0.5 degrees Celsius during the daily verification, the laboratory shall take corrective action.
(O) Mechanical volumetric liquid-dispensing devices (e.g., fixed and adjustable auto-pipettors and bottle-top dispensers) used for critical volume measurements shall be calibrated once every six months.
(P) Each laboratory shall develop and implement a documented training program that includes documentation that:
(i) staff have the education, training, experience, or demonstrated skills needed to generate quality control results within method-specified limits and meet the requirements of these Rules;
(ii) staff have read the laboratory quality assurance manual and applicable Standard Operating Procedures; and
(iii) staff have obtained acceptable results on Proficiency Testing Samples pursuant to Rule .0803(1) of this Section or other demonstrations of proficiency (e.g., side-by-side comparison with a trained analyst, acceptable results on a single-blind performance evaluation sample, an initial demonstration of capability study prescribed by the reference method).
(b) Issuance of Certification.
(1) Upon compliance with these Rules, Certification shall be issued by the Director or assigned delegate, for each of the applicable Parameter Methods requested within 30 calendar days of payment of the initial invoice.
(2) Initial Certifications shall be valid for the remainder of the applicable Certification cycle that begins on January 1 and ends December 31 of the same year.
(c) Maintenance of Certification.
(1) To maintain Certification for each Parameter Method, a certified laboratory shall analyze one Proficiency Testing Sample per Parameter Method per year. A laboratory may be asked to analyze additional Proficiency Testing Samples for a Parameter Method if a question about the accuracy of data produced arises, if there are changes in equipment or personnel, if inaccurate information is reported with Proficiency Testing results, or if Unacceptable Proficiency Testing Results are submitted.
(2) In addition, if a Proficiency Testing Sample is not available, the State Laboratory may request the analysis of Split Samples. Acceptable Split Sample results shall be determined by the State Laboratory using scientifically valid statistical methodology.
(3) The State Laboratory may require certified laboratories to analyze blind Proficiency Testing Samples or Split Samples under direction of State Laboratory personnel if there is a question about the accuracy of data produced, if Proficiency Testing Samples are not available, or if analysis of Proficiency Testing Samples does not represent the entire analytical process.
(4) A certified laboratory shall be subject to periodic announced or unannounced inspections during the Certification period and shall make time and all records pursuant to Part (a)(7)(E) of this Rule available for inspection.
(5) A certified laboratory shall supply copies of all records pursuant to Part (a)(7)(E) of this Rule for any investigation upon written request by the State Laboratory.
(6) A certified laboratory shall provide the State Laboratory with written notice of laboratory supervisor or laboratory manager changes within 30 calendar days of such changes.
(7) A certified laboratory shall submit written notice of any changes of location, ownership, address, name, or telephone number within 30 calendar days of such changes.
(d) Certification Renewals. Certification renewals shall be issued for one year.
(e) Data Reporting.
(1) Certified Commercial Laboratories shall provide data reports to their clients that are signed by the laboratory supervisor. This signatory authority may be delegated in writing.
(2) If a certified laboratory refers or subcontracts analysis of samples to another laboratory certified for the Parameter, the referring laboratory shall supply the date and time that samples were collected to insure holding times are met. All record transcriptions of subcontracted samples shall state that the collection site is in North Carolina. Laboratories may subcontract sample fractions, extracts, leachates, and other sample preparation products provided that adherence to 15A NCAC 02H .0800 is documented. The initial client requesting the analyses shall receive the original or a copy of the report made by the laboratory that performs the analyses. Each reported result shall be traceable to the laboratory that performed the analysis on the final report.
(3) All Uncertified Data shall be documented as such on the benchsheet and on the final report.
(4) Sample results reported below the lowest reporting concentration, if required by the data receiver, shall be qualified as an estimated value.
(5) Reported data associated with quality control failures, improper sample collection, holding time exceedances, or improper preservation shall be qualified as such.
(f) Voluntary Discontinuation of Certification.
(1) A laboratory may discontinue Certification for any or all Parameter Methods by making a written request to the State Laboratory.
(2) After discontinuation of Certification, a laboratory shall only be recertified by meeting the requirements for initial Certification; however, laboratories that discontinue Certification during any investigation shall be subject to Rule .0808 of this Section.
(g) Prerequisites and Requirements for Field Laboratory Certification. Laboratories that meet the requirements of this Paragraph shall be certified as Field Laboratories. Once certified, failure to comply with any of the following items shall be a violation of Certification requirements.
(1) All analytical records, including original observations and information necessary to facilitate historical reconstruction of the calculated results, shall be maintained for five years. All analytical data and records pertinent to each certified analysis shall be available for inspection upon request. All analytical records shall be legible to all parties and safeguarded against unauthorized amendment, obliteration, erasures, overwriting and corruption. Records that are stored only on electronic media shall be maintained throughout the five-year retention period and supported in the laboratory by all hardware and software necessary for data retrieval and review. All documentation errors shall be corrected by drawing a single line through the error so that the original entry remains legible. Entries shall not be obliterated by erasures or markings. Wite-Out®, correction tape, or similar products designed to obliterate documentation are not to be used; instead the correction shall be written adjacent to the error. The correction shall be initialed by the responsible individual and the date of change documented. All manual data and log entries shall be written in indelible ink.
(2) All laboratories shall use printable laboratory benchsheets. Certified Data shall be traceable to the associated sample analyses and shall consist of:
(A) the method or Standard Operating Procedure;
(B) the laboratory identification;
(C) the instrument identification;
(D) the sample collector;
(E) the signature or initials of the analyst;
(F) the date and time of sample collection;
(G) the date of sample analyses;
(H) the time of sample analyses (when required to document a required holding time or when time-critical steps are imposed by the method, a federal regulation, or this Rule);
(I) sample identification;
(J) sample preparation, where applicable;
(K) the volume of sample analyzed, where applicable;
(L) the proper units of measure;
(M) the dilution factor, where applicable;
(N) all manual calculations;
(O) the quality control assessments;
(P) the value from the measurement system;
(Q) the final value to be reported; and
(R) any other data needed to reconstruct the final calculated result.
Each item shall be recorded each time samples are analyzed. Analyses shall conform to methodologies found in Subparagraph (a)(1) of this Rule.
(3) A record of instrument calibration or calibration verification shall be documented and available for inspection upon request.
(4) Laboratory Procedures. Laboratory procedures shall comply with Subparagraph (a)(1) of this Rule. A copy of each analytical method or Approved Procedure and Standard Operating Procedure shall be available to each analyst and available for review upon request by the State Laboratory. Standard Operating Procedure documentation shall state the effective date of the document and shall be reviewed every two years and updated if changes in procedures are made. Each laboratory shall have a formal process to track and document review dates and any revisions made in all Standard Operating Procedure documents. Supporting Records shall be maintained as evidence that these practices are implemented.
(5) Each laboratory shall develop and implement a documented training program that includes the following:
(A) that staff have the education, training, experience, or demonstrated skills needed to generate quality control results within method-specified limits and that meet the requirements of these Rules;
(B) that staff have read the laboratory quality assurance manual or applicable Standard Operating Procedures;
(C) that staff have obtained acceptable results on Proficiency Testing samples pursuant to Rule .0803(1) of this Section or other demonstrations of proficiency (e.g., side-by-side comparison with a trained analyst, acceptable results on a single-blind performance evaluation sample, an initial demonstration of capability study prescribed by the reference method).
(6) Each facility shall have glassware, chemicals, supplies, equipment, and a source of water that meets the criteria of the approved methodologies. Samples shall be analyzed in such a manner that contamination or error will not be introduced.
(7) Chemical containers shall be dated when received and when opened. Reagent containers shall be dated, identified, and initialed when prepared. Chemicals and reagents exceeding the expiration date shall not be used. Chemicals and reagents shall be assigned expiration dates by the laboratory if not given by the manufacturer. If the laboratory is unable to determine an expiration date for a chemical or reagent, a one-year time period from the date of receipt shall be the expiration date unless degradation is observed prior to this date. The laboratory shall have a documented system of traceability for all chemicals, reagents, standards, and consumables.
(8) If quality control results fall outside established limits or indicate an analytical problem, the laboratory shall identify the Root Cause of the failure. The problem shall be resolved through corrective action, the corrective action process documented, and any samples involved shall be reanalyzed, if possible. If the sample cannot be reanalyzed, or if the quality control results continue to fall outside established limits or indicate an analytical problem, the results shall be qualified as such.
(9) All temperature-measuring devices shall have accuracy that meets or exceeds one-half the tolerance required for its intended use. All temperature-measuring devices shall be used, stored, and maintained in accordance with the manufacturer's instructions.
(A) Reference Temperature-Measuring Devices shall meet National Institute of Standards and Technology (NIST) specifications for accuracy and shall be recalibrated in accordance with the manufacturer's recalibration date. If no recalibration date is given, the Reference Temperature-Measuring Device shall be recalibrated every five years.
(B) Excluding digital, incubator, and infrared temperature-measuring devices, all non-Reference Temperature-Measuring Devices shall be verified every twelve months against a Reference Temperature-Measuring Device and their accuracy shall be corrected.
(C) Digital temperature-measuring devices and temperature-measuring devices used in incubators shall be verified every three months against a Reference Temperature-Measuring Device and their accuracy shall be corrected.
(D) Infrared temperature-measuring devices shall be verified every three months at three different temperatures over the temperature range of use against a Reference Temperature-Measuring Device and their accuracy shall be corrected. Each day of use, infrared temperature-measuring devices shall be verified against a non-Reference Temperature-Measuring Device that meets NIST specifications for accuracy. If the infrared temperature-measuring device does not agree within 0.5 degrees Celsius during the daily verification, corrective action must be taken.
(10) Mechanical volumetric liquid-dispensing devices (e.g., fixed and adjustable auto-pipettors and bottle-top dispensers) shall be calibrated at least once every twelve months.
(11) Supervisors of laboratories certified only for Field Parameters shall:
(A) meet the requirements of Part (a)(3)(A) or (a)(3)(B) of this Rule;
(B) possess a chemistry or related degree with two years of related environmental experience or an equivalent combination of education and work experience; or
(C) hold any Water Pollution Control System Operator's Certification as defined by 15A NCAC 08G.
Supervisors shall provide personal and direct supervision of the technical personnel and shall be responsible for adherence to all requirements in this Rule. If the supervisor will be absent, the supervisor shall arrange for a substitute capable of insuring adherence to all requirements in this Rule. The substitute supervisor shall not be in charge for more than 12 consecutive weeks.
(12) A certified Field Laboratory shall be subject to inspections during the Certification period and shall make all records pursuant to this Section available for inspection.
(13) A certified Field Laboratory shall supply copies of all records pursuant to this Section for any investigation upon written request by the State Laboratory.
(14) A certified Field Laboratory shall pay all applicable fees in accordance with Rule .0806 of this Section.
(15) Application. Each Field Laboratory requesting initial Certification shall submit an application to the State Laboratory that includes the laboratory name, contact information, EPA laboratory code number, permit number(s), laboratory supervisor information, analytical methods, and equipment. The application may be obtained by request from the State Laboratory or on the State Laboratory website at .
(16) Proficiency Testing. Each certified Field Laboratory shall be in accordance with Subparagraph (a)(2) of this Rule.
(17) Data Reporting. Each certified Field Laboratory shall be in accordance with Paragraph (e) of this Rule.
(18) Issuance of Certification. A Field Laboratory shall be issued Certification in accordance with Paragraph (b) of this Rule.
(19) Maintenance of Certification. A certified Field Laboratory shall submit written notice of any changes in the laboratory supervisor, location, ownership, address, name, and telephone number within 30 days of such changes.
(20) Certification Renewals. Certification renewals of certified Field Laboratories shall be issued in accordance with Paragraph (d) of this Rule.
(21) Discontinuation of Certification. A certified Field Laboratory may discontinue Certification in accordance with Paragraph (f) of this Rule.
(22) Decertification. A certified Field Laboratory may be decertified and must meet all Decertification requirements for infractions in accordance with Rule .0807 of this Section.
(23) Civil Penalties. Civil Penalties may be assessed against a certified Field Laboratory that violates or fails to act in accordance with any of the terms, conditions, or requirements of the Rule .0807 of this Section.
(24) Recertification. A decertified Field Laboratory may be recertified in accordance with Rule .0808 of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.6A;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; July 1, 1985; December 1, 1984; November 1, 1978;
RRC Objection Eff. October 15, 1992 due to lack of statutory authority;
Amended Eff. December 21, 1992;
RRC Objection Removed Eff. December 16, 1993;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0806 FEES ASSOCIATED WITH CERTIFICATION PROGRAM
(a) An applicant for laboratory Certification, excluding those laboratories seeking only Field Parameter Certification, shall submit to the Department of Environmental Quality, Division of Water Resources, Water Sciences Section, a non-refundable fee of three hundred dollars ($300.00) with each application.
(b) Municipal, Industrial, and Other Laboratories shall pay an annual fee of eighty-five dollars ($85.00) for each Parameter as instructed on the invoice; however, the minimum fee shall be one thousand seven hundred fifty dollars ($1,750) per year. Municipal Laboratories may cost-share among Municipal Laboratories or charge a cost recovery fee or surcharge to operate their Pretreatment Program.
(c) Commercial Laboratories shall pay an annual fee of eighty-five dollars ($85.00) for each Parameter as instructed on the invoice; however, the minimum fee will be three thousand five hundred dollars ($3,500) per year.
(d) Prior to receiving initial Certification, a Field Laboratory shall pay the required fee as specified in Paragraph (k) or (l) of this Rule and all other laboratories shall pay the required fee as specified in Paragraph (b) or (c) of this Rule. Excluding Field Laboratories, the Certification fee shall be prorated on a quarterly basis. All Certification renewals shall be due on the first day of January.
(e) Once certified, Field Laboratories shall pay a fifty dollar ($50.00) administrative fee for each Parameter Method added to their Certified Parameters Listing, and all other laboratories shall pay the full annual Parameter fee for each Parameter Method added to their Certified Parameters Listing.
(f) A laboratory decertified for all Parameters shall pay initial Certification fees prior to Recertification.
(g) A laboratory decertified for one or more Parameter Methods shall pay a fee of two hundred dollars ($200.00) for each Parameter Method for which it was decertified prior to Recertification.
(h) Out-of-state laboratories shall reimburse the State for actual travel and subsistence costs incurred by laboratory certification staff to perform inspections, provide technical assistance or investigate complaints. Out-of-state laboratories shall also be assessed for expenses for an on-site inspection based on the hourly rate of the laboratory certification staff, rounded to the nearest hour and inclusive of preparation time, travel time, and inspection time.
(i) Annual Certification fees shall be due 60 days after receipt of invoice.
(j) A fifty dollar ($50.00) late payment fee shall be paid by Field Laboratories when annual Certification fees have not been paid by the date due. For all other laboratories, a two hundred fifty dollar ($250.00) late payment fee shall be paid when annual Certification fees are not paid by the date due.
(k) Commercial Laboratories analyzing only samples for Field Parameters shall pay an annual fee of three hundred dollars ($300.00) per year.
(l) Municipal, Industrial, and Other Laboratories analyzing only samples for Field Parameters shall pay an annual fee of one hundred fifty dollars ($150.00) per year.
(m) A laboratory that voluntarily discontinues Certification shall pay all applicable Certification fees as specified in Paragraphs (a), (b), (c), (d), (k), and (l) of this Rule prior to regaining Certification.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1, 1984;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0807 DECERTIFICATION AND CIVIL PENALTIES
(a) Laboratory Decertification. The following infractions may result in a laboratory being decertified pursuant to Paragraph (d) of this Rule for any or all Parameters for up to one year:
(1) Failing to maintain the facilities, records, personnel, equipment, or a quality control program as set forth in these Rules;
(2) Submitting inaccurate data or other information subject to these Rules;
(3) Failing to pay required fees by the date due;
(4) Failing to discontinue supplying data to clients or programs that require monitoring under G.S. 143, Article 21 during periods when a Decertification is in effect;
(5) Failing to submit a Split Sample to the State Laboratory as requested;
(6) Failing to use approved methods of analysis;
(7) Failing to report a change of laboratory supervisor within 30 calendar days;
(8) Failing to report an analysis of required annual Proficiency Testing Samples submitted by a State Laboratory-approved Vendor within the specified time limit;
(9) Failing to allow an inspection by an authorized representative of the State Laboratory;
(10) Failing to supply all records and analytical data requested by the State Laboratory;
(11) Failing to submit a written notification within 30 days of applicable changes pursuant to Rule .0805(a)(6), (a)(7), and (g)(19) of this Section;
(12) Failing to meet requirements for sample holding times and preservation;
(13) Failing to respond to requests for information by the date due;
(14) Failing to comply with any other terms, conditions, or requirements of this Section or of laboratory Certification;
(15) Altering or modifying the laboratory's certificate or Certified Parameters Listing;
(16) Sharing or comparing Proficiency Testing Sample results with other laboratories prior to the study reporting deadline;
(17) Splitting, sending, or subcontracting a Proficiency Testing Sample or a portion of a Proficiency Testing Sample to another laboratory unless the practice represents the routine analysis and reporting scheme utilized by the laboratories;
(18) Knowingly receiving and analyzing any Proficiency Testing Sample or portion of a Proficiency Testing Sample from another laboratory for which the results of the Proficiency Testing Sample are intended for use by that laboratory for initial or continued Certification;
(19) Obtaining or attempting to obtain the assigned value of any Proficiency Testing Sample used to satisfy initial or continued Certification requirements prior to the closing date of the study; and
(20) Failing to correct findings in an inspection report.
(b) Parameter Method Decertification. The laboratory may be decertified pursuant to Paragraph (d) of this Rule for a Parameter Method for:
(1) obtaining two consecutive Unacceptable Proficiency Testing Sample results; or
(2) obtaining two consecutive unacceptable Split Sample results.
(c) Falsified Data. A laboratory that submits Falsified Data or Information may be decertified pursuant to Paragraph (d) of this Rule for all Parameters for up to two years and may be recertified per Rule .0808 of this Section.
(d) Decertification Factors. Decertification for periods up to the maximum, as determined by the Commission or assigned delegate, shall be based on any one or a combination of the factors set forth at G.S. 143B-282.1(b).
(e) Conditions of Decertification.
(1) A laboratory shall not analyze, test, measure, or monitor any samples regulated under G.S. 143, Article 21 by the decertified Parameter Method.
(2) A decertified Commercial Laboratory shall supply written notification of its Decertification to clients that are required to report to the Department of Environmental Quality under G.S. 143, Article 21. Within 30 days of Decertification, the decertified laboratory shall provide the State Laboratory with a list of those clients and copies of the notices sent to each.
(3) A Commercial Laboratory that has received a Parameter Method Decertification shall supply written notification of the Parameter Method Decertification to clients that are required to report to the Department of Environmental Quality under G.S. 143, Article 21. The laboratory may also make arrangements to supply analysis through another laboratory certified by the State Laboratory for the same Parameter(s) during any Decertification period. Within 30 days of Decertification, the laboratory shall supply the State Laboratory with a list of clients involved, copies of the notices sent to each, and the name and Certification number of the certified laboratory to be used during the Decertification period.
(4) A Commercial Laboratory decertified for all Parameters shall not subcontract samples for analyses to other certified laboratories during the Decertification period.
(5) A Municipal or Industrial Laboratory that has received a Parameter Method Decertification shall have samples requiring that Parameter Method analyzed by another laboratory certified by the State Laboratory for the contracted Parameter Method during any Decertification period. Within 30 days of Decertification, the decertified laboratory shall supply the State Laboratory with the name and Certification number of the certified laboratory to be used during the Decertification period.
(f) Civil Penalties. Civil penalties may be assessed against a laboratory that violates or fails to act in accordance with any of the terms, conditions, or requirements of the rules in this Section. Civil penalties up to the maximum may be based on any one or a combination of the factors in Paragraph (d) of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.6A; 143B-282.1(b);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1, 1984;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15a NCAC 02H .0808 RECERTIFICATION
(a) A laboratory decertified in accordance with Rule .0807(a) of this Section shall be recertified at the end of the Decertification period imposed by the Division pursuant to Rule .0807(a) and (d) of this Section by showing that it has corrected the deficiencies for which it was decertified.
(b) A laboratory decertified for a Parameter Method due to two consecutive Unacceptable Proficiency Testing Results or on two consecutive Split Samples shall be recertified at the end of the 30-day period by completing all of the following:
(1) Report acceptable results on two consecutive Proficiency Testing Samples submitted by a State Laboratory-approved Vendor or report acceptable results on two consecutive Split Samples to the State Laboratory. Recertification samples may be requested from a State Laboratory-approved Vendor at any time within two years from the decertification effective date;
(2) Submit a written request for Recertification;
(3) Supply the State Laboratory with a description of corrective actions that includes the Root Cause of the failure and the corrective action taken to prevent recurrence;
(4) Pay the required fee as specified in Rule .0806(f) or (g) of this Section; and
(5) Meet all the Decertification requirements in accordance with Rule .0807(e) of this Section.
(c) The Division shall treat any laboratory decertified for two years or longer for a Parameter Method as an initial Certification, as set forth in Rule .0805 of this Section.
(d) A laboratory decertified pursuant to Rule .0807(c) of this Section shall be recertified following the Decertification period set by Rule .0807(d) of this Section by demonstrating compliance with all requirements of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1,1984;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0809 RECIPROCITY
(a) Laboratories certified under certification programs of other states or other certification or accreditation bodies shall be given reciprocal Certification if such programs or certification or accreditation bodies meet the requirements of this Section. In requesting reciprocity Certification, laboratories shall include with the application required by Rule .0805(a) of this Section a copy of their certification, a copy of the last audit report from the certifying body, the laboratory's response to the audit report, the laboratory's scope of accreditation, and applicable regulations from the certifying agency.
(b) Laboratories certified by reciprocity shall pay the applicable fees required by Rule .0806 of this Section.
(c) If a laboratory's certification by another state's program or another certification or accreditation body is discontinued, the State Laboratory shall be notified and Certification under this Section shall be terminated at the same time.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0810 ADMINISTRATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 150B-23;
Eff. February 1, 1976;
Amended Eff. November 2, 1992; July 1, 1988; December 1, 1984; November 1, 1978;
Temporary Amendment Eff. October 1, 2001;
Amended Eff. August 1, 2002;
Repealed Eff. July 1, 2019.
15A NCAC 02H .0811 IMPLEMENTATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10);
Eff. December 1, 1984;
Repealed Eff. July 1, 1988.
SECTION .0900 - LOCAL PRETREATMENT PROGRAMS
15A NCAC 02H .0901 PURPOSE
(a) The rules in this Section are designed to implement North Carolina General Statutes 143-215.3(a)(14) and 143-215.1 and provisions of the Federal Water Pollution Control Act (also known as the "Clean Water Act" or "CWA") regarding the discharge of non-domestic wastewater into publicly owned treatment works (POTWs). They establish responsibilities of state and local government, industry, and the public to implement pretreatment standards to control pollutants that pass through or interfere with treatment processes in POTWs, may contaminate sewage sludge, or otherwise have an adverse impact on the POTW, its workers, or the environment.
(b) Copies of rules and regulations referenced in this Section may be obtained from the Division of Water Resources, Water Quality Permitting Section, free of charge, at the following locations:
(1) ; and
(2) the North Carolina Department of Environmental Quality, Division of Water Resources Offices of the Pretreatment¸ Emergency Response, and Collection Systems (PERCS) Unit
Physical Address: Archdale Building, 512 N. Salisbury St.
Raleigh, N.C. 27604
Mailing Address: 1617 Mail Service Center
Raleigh, N.C. 27699-1617.
History Note: Authority G.S. 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0902 SCOPE
The rules of this Section apply to:
(1) Pollutants from non-domestic sources covered by pretreatment standards that are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined in 40 CFR 403.3 and Rule .0903 of this Section;
(2) POTWs and control authorities that receive wastewater from sources subject to pretreatment standards; and
(3) Any new or existing source subject to pretreatment standards.
The rules of this Section do not apply to sources that discharge to a sewer that is not connected to a POTW treatment plant.
History Note: Authority G.S. 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0903 DEFINITION OF TERMS
(a) Unless otherwise stated in Paragraph (b) of this Rule, the definitions promulgated by the Environmental Protection Agency and codified as 40 CFR 403.3 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
(b) For this Section, the following additional definitions shall apply:
(1) "Approval Authority" means the Director of the Division of Water Resources of the North Carolina Department of Environmental Quality, or his or her designee;
(2) "Average" means the value calculated by dividing the sum of the data values collected over a time period by the number of data points that comprise the sum;
(3) "Bypass" is the intentional diversion of waste streams from any portion of a pretreatment facility. Also see Rule .0919 of this Section and 40 CFR 403.17 for additional requirements;
(4) "Commission" means the Environmental Management Commission of the North Carolina Department of Environmental Quality;
(5) "Control Authority" refers to the POTW if the POTW'S pretreatment program has been approved in accordance with Rules .0905, .0906, and .0907 of this Section, and that approval has not been subsequently withdrawn. Otherwise, the approval authority is the control authority;
(6) "Division" refers to the North Carolina Department of Environmental Quality, Division of Water Resources;
(7) "Enforcement Response Plan" or "ERP" means the control authority pretreatment program document describing the guidelines for identifying violations of and enforcing specific local limits and other pretreatment standards and requirements;
(8) "EPA" means the United States Environmental Protection Agency;
(9) "Fundamentally Different Factors" are factors upon which a variance from a categorical standard may be granted under Rule .0912 of this Section and 40 CFR 403.13;
(10) "Headworks Analysis" or "HWA" is the analysis used to calculate the maximum allowable POTW influent loadings for flow and pollutants of concern based on design capacity, NPDES or non-discharge permit limits, pass through, interference, sludge, or worker safety and health considerations, as applicable. The headworks analysis is the technical basis for deriving local limits applied to industrial users;
(11) "Indirect Discharge" or "Discharge" refers to the introduction of pollutants into a POTW from any non-domestic source regulated under Sections 307(b), (c), or (d) of the Clean Water Act;
(12) "Industrial User" or "User" means a source of indirect discharge;
(13) "Industrial Waste Survey" or "IWS" refers to the survey of the users of the POTW collection system or treatment plant performed by the control authority as required by 40 CFR 403.8 (f)(2)(i-iii) and Rule .0905 of this Section, including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of significant industrial user. Where the control authority accepts wastewater from one or more satellite POTWs, the IWS for that control authority shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate control authority;
(14) "Interference" refers to inhibition or disruption of the: POTW collection system; treatment processes; operations; or its sludge process, use, or disposal that causes or contributes to a violation of any requirement of the control authority's (or the POTW's if different from the control authority) NPDES, collection system, or non-discharge permit, including an increase in the magnitude or duration of a violation, or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits;
(15) "Medical Waste" refers to isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes;
(16) "Monitoring Plan" refers to the monitoring plan designed to collect POTW site-specific data for use in the headworks analysis. Monitoring plans may be designated as Long Term (LTMP) or Short Term (STMP) as the Division Director determines to be necessary;
(17) "National Pretreatment "Standard," "Pretreatment Standard," or "Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Clean Water Act that applies to industrial users. This term also includes any prohibitive discharge limits established pursuant to 40 CFR 403.5, categorical standards established under the appropriate subpart of 40 CFR Chapter I, Subpart N or local limit that applies to an industrial user. 40 CFR 403.5, Chapters I and N of Part 405 of Title 40 of the Code of Federal Regulations are hereby incorporated by reference, including any subsequent amendments and editions available free of charge ();
(18) "Net/Gross Calculation" is an adjustment of a categorical standard to reflect the presence of pollutants in the industrial user's intake water that may be granted under Rule .0915 of this Section and 40 CFR 403.15;
(19) "Noncontact Cooling Water" is water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product;
(20) "Non-discharge Permit" is a permit issued by the State pursuant to G.S. 143-215.1(d) for a waste that is not discharged directly to surface waters of the State or for a wastewater treatment works that does not discharge directly to surface waters of the State;
(21) "Pass Through" means a discharge that exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the control authority's (or the POTW's, if different from the control authority) NPDES, collection system, or non-discharge permit;
(22) "Pollutant" includes any waste defined in G.S. 143-213(18); dredged spoil; solid waste; incinerator residue; garbage; sewage sludge; munitions; medical wastes; chemical waste; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; municipal and agricultural waste; and certain characteristics of wastewater, such as pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor;
(23) "Pollutant of Concern" or "POC" is a pollutant identified as being of concern to the control authority for purposes of the pretreatment program. A pollutant of concern may include a conventional wastewater pollutant, such as BOD, TSS, or ammonia; any of the priority pollutants; pH; and any pollutant that may be identified as a source of interference, pass through, whole effluent toxicity, or sludge contamination;
(24) "POTW," or "Publicly Owned Treatment Works," means a treatment works as defined by Section 212 of the Clean Water Act, which is owned by a state or municipality. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 02T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the municipality, as defined in Section 502(4) of the CWA, that has jurisdiction over indirect discharges to and the discharges from such a treatment works. The municipality may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of municipality may be referred to as a "satellite municipality," a "satellite POTW," or a "satellite POTW organization";
(25) "POTW Director" means the chief administrative officer of the control authority or his or her delegate;
(26) "Pretreatment" refers to the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW collection system or treatment plant. The reduction or alteration may be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR 403.6(d). Where wastewater from a regulated process is mixed with unregulated wastewater or with wastewater from another regulated process, the pretreatment limit must be calculated in accordance with 40 CFR 403.6(e);
(27) "Process Wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product;
(28) "Removal Credits" are credits that may be granted under Rule .0921 of this Section and 40 CFR Parts 403.7 and 403.11 to adjust categorical standards in such a way as to reflect POTW consistent removal of a particular pollutant;
(29) "Sewer Use Ordinance" or "SUO" means the POTW or control authority organization ordinance providing the legal authority for administering the pretreatment program;
(30) "Significant Industrial User" or "SIU" means an industrial user that discharges wastewater into a POTW and that:
(A) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW excluding sanitary, noncontact cooling, and boiler blowdown wastewater;
(B) Contributes process wastewater that makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, and ammonia;
(C) Is subject to categorical standards under 40 CFR 403.6 and 40 CFR Chapter I, Subpart N;
(D) is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation (including contributing to violations of the limitation and requirements of the NPDES or non-discharge permit or limiting the POTW's sludge disposal options) or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.3 (l)and (t);
(E) Subject to approval under Rule .0907(b) of this Section, the control authority may determine that an industrial user meeting the criteria in Parts (A) or (B) of this Subparagraph has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or to limit the POTW's sludge disposal options, and thus is not a significant industrial user; or
(F) Subject to approval under Rule .0907(b) of this Section, the control authority may determine that an industrial user meeting the criteria in Part (C) of this Subparagraph meets the requirements of 40 CFR 403.3(v)(2) and thus is a non-significant categorical industrial user;
(31) "Significant Noncompliance" or "SNC" is the status of noncompliance of a significant industrial user when one or more of the following criteria are met, or any industrial user that meets the criteria in Parts (C), (D), or (H) of this Subparagraph:
(A) "Chronic violations" of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter (not including flow) during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l);
(B) "Technical Review Criteria" (TRC) violations, defined here as those in which 33 percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS, fats, oil, and grease, 1.2 for all other pollutants (except flow and pH));
(C) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l)(daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority (or POTW, if different from the control authority), determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(D) Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health or welfare or to the environment or has resulted in either the control authority's or the POTW's, if different from the control authority, exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent the discharge;
(E) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a pretreatment permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to report noncompliance; or
(H) Any other violation or group of violations that the control authority or POTW determines will adversely affect the operation or implementation of the local pretreatment program;
(32) "Staff" means the staff of the Division of Water Resources, Department of Environmental Quality;
(33) "Upset" means the same as set out in Rule .0914 of this Section and 40 Part 403.16;
(34) "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed to or permitted to enter the POTW; and
(35) "Waters of the State" shall have the same meaning as the terms "waters" as defined in G.S. 143-212.
History Note: Authority 143-215.3(a)(1); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0904 REQUIRED PRETREATMENT PROGRAMS
(a) The regulations regarding pretreatment program development by the control authority promulgated by the EPA and codified as 40 CFR 403.8(a) through 403.8(e) are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
(b) The Division may allow a control authority having a combined permitted flow less than or equal to two million gallons per day and less than four significant industrial users to develop and implement a modified pretreatment program that encompasses a portion of the requirements in Rules .0905 and .0906 of this Section, as designated by the Division Director. In making the decision to allow modified pretreatment program development and implementation, the Division Director shall consider factors including percent industrial flow, industrial waste characteristics, compliance status of the facility, and the potential for industrial growth.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0905 POTW PRETREATMENT PROGRAM IMPLEMENTATION REQUIREMENTS
(a) Except where specified differently in this Section, the POTW pretreatment program requirements promulgated by the EPA and codified as 40 CFR 403.8(f) and (g) are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
(b) The implementation of a pretreatment program involves:
(1) updating the SUO;
(2) implementing IWS activities;
(3) updating the HWA;
(4) implementation of the LTMP or STMP;
(5) implementation of compliance activities, including sampling and inspection of significant industrial users;
(6) maintenance of control authority organization description, including staffing and funding information;
(7) implementation or the ERP; and
(8) reporting to the Division on pretreatment program activities.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.3(a)(1); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0906 SUBMISSION FOR PRETREATMENT pROGRAM APPROVAL
(a) Except where specified differently in any part of this Section, the regulations regarding the contents of pretreatment programs submitted for approval and the contents of a request to revise national categorical pretreatment standards, promulgated by the EPA and codified as 40 CFR 403.9 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
(b) In addition to the contents of a control authority pretreatment program submission described in Paragraph (a) of this Rule, the program submission shall contain:
(1) a sewer use ordinance (SUO) providing the legal authority for implementing the pretreatment program, as required by 40 CFR 403.8 (f)(1) and Rule .0905 of this Section, along with the attorney's statement. Where the control authority accepts wastewater from one or more satellite POTWs and is the control authority within the satellite POTW's service area, the attorney's statement for that control authority shall document the interlocal agreements (ILAs) authorized by G.S. 153A-278 and 160A-460 and SUO sections that establish the control authority's authority for regulation within all satellite POTW services areas that are tributary to the control authority's POTW. Where a satellite POTW serves as the control authority within its service area, the attorney's statement for that control authority shall document the ILAs and SUO sections that establish the satellite POTW's authority for regulation within its service area and the requirements for the satellite POTW to implement its pretreatment program in accordance with the downstream POTW's SUO and the ILA. In either case, where the POTW organizations have other written procedures to outline responsibilities not covered by the ILA or SUO, the applicable attorney's statements shall also include documentation of these procedures and the source of their enforceability;
(2) an industrial waste survey (IWS) as defined in Rule .0903 of this Section;
(3) a monitoring plan to provide POTW site-specific data for the HWA and subsequent technical evaluations of local limits to satisfy the requirements of 40 CFR 122.21(j). Modified pretreatment programs developed under Rule .0904(b) of this Section shall be allowed to implement a short term monitoring plan (STMP);
(4) a headworks analysis (HWA) and supporting documentation, including POTW site-specific and relevant literature data, upon which to base industrial user-specific effluent limits and other local limits for prohibited pollutants as defined in 40 CFR 403.5(a) and (b) and Rule .0909 of this Section;
(5) a compliance monitoring program, including inspection, sampling, equipment, and other compliance procedures, which will implement the requirements of 40 CFR 403.8(f) and 403.12, and Rules .0905 and .0908 of this Section;
(6) draft industrial user pretreatment permits for significant industrial users as required by 40 CFR 403.8(f)(1)(iii) and 403.9(b)(1)(ii) and Rule .0916 of this Section, and supporting documentation outlined in Rules .0916 and .0917 of this Section;
(7) procedures for approving the construction of pretreatment facilities by industrial users and for permitting industrial users for construction, operation, and discharge as required by G.S. 143-215.1; procedures for approving construction shall include issuance of authorization to construct, as appropriate;
(8) an enforcement response plan (ERP) as required by 40 CFR 403.8(f)(5) and 403.9(b)(1)(ii) for identifying violations of and enforcing specific local limits and other pretreatment requirements as required by and specified in 40 CFR 403.5 and 403.6 and Rules .0909 and .0910 of this Section;
(9) a description (including organization charts) of the control authority that will administer the pretreatment program. Where more than one POTW organization is involved in the POTW wastewater collections or treatment system, the description shall address all the agencies, including identification of which party will receive industrial user applications for new and changed discharges and how the parties will communicate on significant industrial user determinations;
(10) a description of funding levels and full- and part-time manpower available to implement the program;
(11) a description of data management procedures for compiling and managing compliance, LTMP/STMP, and any other pretreatment-related monitoring data, including documentation of approval of electronic reporting procedures as required under 40 CFR Part 3 if applicable; and
(12) a request for pretreatment program approval as required by 40 CFR 403.9 and this Section.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.3(a)(1); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0907 PROCEDURES FOR PRETREATMENT PROGRAM APPROVAL, REVISION AND WITHDRAWAL
(a) Procedures for approval of a control authority pretreatment program and for removal credit authorization are as follows:
(1) Except where specified differently in part of this Section, the approval procedures for control authority pretreatment programs and applications for removal credit authorization promulgated by the EPA and codified as 40 CFR 403.11 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge; and
(2) Upon program approval, a control authority is delegated, subject to the provisions of Rules .0916 and .0917 of this Section, the authority to issue the construction, operation, and discharge permits required by G.S. 143-215.1(a) for those significant industrial users discharging or proposing to discharge to the POTW.
(b) Either the Division or the control authority may initiate program revisions. The control authority shall submit a request to the Division for approval of modifications to its approved pretreatment program, including its legal authority (SUO or ILA), HWA, LTMP or STMP, ERP, summary of IWS activities, and revisions to the list of SIUs. Revisions to an approved pretreatment program shall be accomplished as follows:
(1) the control authority shall submit a modified program description, an attorney's statement if the legal authority of the program is being modified, and other documents as the Division Director determines to be necessary under the circumstances. The attorney's statement may consist of verification that the North Carolina model pretreatment sewer use ordinance is proposed for adoption by the control authority, if that is the case;
(2) whenever the Division Director determines that the proposed program modifications are substantial as defined in 40 CFR 403.18(b), the Division shall issue public notice and provide an opportunity for public comment as described in Rules .0109 and .0110 of this Subchapter. Public notices issued by the control authority are deemed sufficient notice;
(3) the Division Director or his or her delegate shall approve or disapprove program revisions based on the requirements of this Section, G.S. 143-215.1, G.S. 143-215.3 and the National Pollutant Discharge Elimination System Memorandum of Agreement between the State of North Carolina and the United States Environmental Protection Agency Region 4; and
(4) A pretreatment program revision shall become effective upon written approval of the Division Director, except as follows:
(A) Pretreatment permits shall become effective as set forth in in Rule .0917(d)of this Section; and
(B) The Division shall have 30 days from the receipt of a request for deletion of SIUs from the SIU list to make comments upon, objections to, or recommendations with respect to the request. Unless such an objection or request for more information is made, the request shall be final and binding.
(c) The Division Director may withdraw pretreatment program approval when a control authority no longer complies with requirements of this Section and the control authority fails to take corrective action. The following procedures apply when the Division Director determines that program withdrawal may be needed:
(1) The Division Director shall give the control authority 180 days notice of the program withdrawal;
(2) the control authority shall submit within 60 days of the notice a plan for the transfer of all relevant program information not in the possession of the Division (such as permit files, compliance files, reports, and permit applications) necessary for the Division to administer the pretreatment program;
(3) within 60 days of the receipt of the control authority transfer plan, the Division Director shall evaluate the control authority plan and shall identify any additional information needed by the Division for program administration or identify any other deficiencies in the plan; and
(4) at least 30 days before the program withdrawal, the Division Director shall publish public notice of the program transfer and shall mail notice to all pretreatment permit holders of the control authority.
(d) Applications for removal credit authorization shall be made in accordance with procedures established by this Rule. Approval shall become effective upon written approval of the Division Director.
(e) A pretreatment program shall be considered inactive by the Division when significant industrial users no longer discharge to the POTW, based on modifications of the control authority pretreatment program approved by the Division. Inactive approved pretreatment programs shall notify the Division when a significant industrial user proposes to discharge to the POTW. When required by the Division to return to active status, a control authority shall be required to update any or all of the requirements listed in Rule .0906 of this Section that no longer meet the standards of these Rules. The control authority shall obtain Division approval of the reactivation under this Rule prior to commencement of discharge of the significant industrial user.
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(c); 143-215.3(a)(3) ; 143-215.3(a)(14); 143-215.3(e);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0908 REPORTING/RECORD KEEPING REQUIREMENTS FOR POTWS/INDUSTRIAL USERS
(a) Except where specified differently with any part of this Section, the regulations regarding the reporting requirements for control authorities and industrial users promulgated by the EPA and codified as 40 CFR 403.8(g) and 403.12 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
(b) Control authorities with active approved pretreatment programs shall submit once per year a pretreatment report describing its pretreatment activities over the previous 12 months. Two copies of each pretreatment report shall be submitted to the Division by March 1 of each year for activities conducted for two six-month periods, January 1 through June 30 and July 1 through December 31 of the previous year. This annual report shall contain the following information in accordance with forms provided by the Division:
(1) a written summary of actions taken by the control authority to ensure compliance with pretreatment requirements;
(2) a pretreatment program summary on forms or in a format provided by the Division;
(3) a list of industrial users in significant noncompliance with pretreatment requirements, the nature of the violations, and actions taken or proposed to correct the violations on forms or in a format provided by the Division;
(4) an allocation table as described in Rule .0916(c)(4) of this Section; and
(5) other information the Division Director determines is needed to determine compliance with the implementation of the pretreatment program, including significant industrial user compliance schedules, public notice of industrial users in significant noncompliance, a summary of significant industrial user effluent monitoring data as described in Paragraphs (a) and (e) of this Rule, a summary of information related to significant non-compliance determination for industrial users that are not considered significant industrial users, and Long or Short Term Monitoring Plan data on forms or in a format provided by the Division.
(c) In lieu of submitting annual reports as described in Paragraph (b) of this Rule, the Division Director may allow modified pretreatment programs developed under Rule .0904(b) of this Section to submit only a partial annual report, or to meet with Division personnel as required to discuss enforcement of pretreatment requirements and other pretreatment implementation issues.
(d) Inactive pretreatment programs are not required to submit the report described in Paragraphs (b) and (c) of this Rule. Inactive approved pretreatment programs shall notify the Division when a significant industrial user proposes to discharge to the POTW and shall comply with Rule .0907 of this Section.
(e) Samples shall be collected and analyzed by the control authority independent of the industrial users for each significant industrial user as follows:
(1) A minimum of once each year for all permit-limited parameters including flow, except as follows:
(A) Independent monitoring of the industrial user by the control authority is not required for pollutants that are limited by a categorical standard for which specific certification or other alternative procedures apply where the industrial user submits the required documentation for that certification or procedure, even if the industrial user chooses to monitor in addition to using certification or other alternative procedures;
(B) The minimum frequencies in this Subparagraph shall be reduced by half, as set forth in 403.8(f)(2)(v)(C), for all permit-limited parameters for a significant industrial user determined by the control authority, subject to approval under Rule .0907 of this Section, to fit the criteria of a middle tier categorical industrial user under 40 CFR 403.12(e)(3); and
(C) For categorical parameters with monitoring waived under 40 CFR 403.12(e)(2), a minimum of once during the term of the applicable significant industrial user pretreatment permit as set forth in 40 CFR 403.8(f)(2)(v)(A); and
(2) If the control authority elects to sample and analyze in lieu of the industrial user, the control authority shall collect and analyze for the required parameters and, if applicable, in accordance with categorical standards.
(f) Records Retention:
(1) Control authorities and industrial users shall retain for three years records of monitoring activities and results, along with supporting information including annual pretreatment reports, general records, water quality records, and records of industrial user impact on the POTW;
(2) Other documents required by any rule of this Section (including supporting information) for other pretreatment program elements, such as pretreatment permits (IUPs), HWAs, SUOs, ERPs, etc., shall be retained for three years after the document has expired, been updated, or replaced;
(3) A summary of all significant industrial user effluent monitoring data reported to the control authority by the industrial user or obtained by the control authority shall be maintained on forms or in a format provided by the Division for review by the Division; and
(4) Laboratory records shall be maintained as set forth in Rule .0805 of this Subchapter.
(g) In the case where the receiving POTW treatment plant is not owned by the same local governmental organization as the control authority, all information required to be reported to the industrial user's control authority by this Section shall also be submitted to the POTW treatment plant governmental organization.
(h) In the case where the control authority accepts electronic reporting, the reporting shall comply with 40 CFR Part 3, and the control authority shall maintain documentation of approval as required under 40 CFR Part 3.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.2; 143-215.3(a)(2); 143-215.3(a)(14); 143-215.6(a)(1);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0909 NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES
The regulations regarding national prohibited pretreatment standards and local limits development and enforcement promulgated by the EPA and codified as 40 CFR 403.5 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.1(a)(7); 143-215.1(b); 143-215.3(a)(1); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0910 NATIONAL PRETREATMENT STANDARDS: CATEGORICAL STANDARDS
The regulations regarding national categorical pretreatment standards promulgated by the EPA and codified pursuant to 40 CFR 403.6 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.1(a)(7); 143-215.1(b); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0911 REVISION TO REFLECT POTW REMOVAL OF POLLUTANT
History Note: Authority G.S. 143-215.1(a),(b); 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. December 1, 1984;
Repealed Eff. October 1, 1987.
15A NCAC 02H .0912 ADJUSTMENTS FOR FUNDAMENTALLY DIFFERENT FACTORS
The regulations regarding variances from national categorical pretreatment standards for fundamentally different factors promulgated by the EPA and codified as 40 CFR 403.13 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(b); 143-215.3(a)(14); 143-215.3(e);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994; October 1, 1987; December 1, 1984;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0913 PUBLIC ACCESS TO INFORMATION
(a) Information and data provided by an industrial user to the POTW Director pursuant to this Section, identifying the nature and frequency of a discharge, shall be available to the public without restriction. All other information submitted by an industrial user to the POTW Director in connection with any required reports shall also be available to the public, unless the industrial user specifically identifies the information as confidential upon submission and is able to demonstrate that the disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.
(b) Information and data provided by an industrial user to the Division Director shall be subject to the processes set forth in G.S. 143-215.3C.
(c) Information provided by an industrial user to a control authority that is determined to be entitled to confidential treatment shall be made available upon written request to the Division or any State agency for uses related to the pretreatment program, the NPDES permit, collection system permit, stormwater permit, or non-discharge permit, and for uses related to judicial review or enforcement proceedings involving the person furnishing the report.
(d) Information and data received by the Division or other State agency under Paragraph (c) of this Rule shall be subject to the processes set forth in G.S. 143-215.3C.
History Note: Authority G.S. 132-1.2; 132-6; 132-9; 143-215.1; 143-215.3; 143-215.3C;
Eff. March 28, 1980;
Amended Eff. April 1, 2011; October 1, 1987;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0914 UPSET PROVISION
The upset provision promulgated by the EPA and codified as 40 CFR 403.16 is hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(14);
Eff. December 1, 1984;
Amended Eff. March 1, 2011; November 1, 1994; October 1, 1987;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0915 NET/GROSS CALCULATION
The net/gross calculation provisions promulgated by the EPA and codified as 40 CFR 403.15 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(14);
Eff. December 1, 1984;
Amended Eff. March 1, 2011; November 1, 1994; October 1, 1987;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0916 PRETREATMENT PERMITS
(a) All significant industrial users who discharge waste into a POTW shall obtain a permit from the control authority.
(b) Where the Division is the control authority, permits shall be issued in accordance with Section .0100 of this Subchapter.
(c) Where the control authority is a POTW, significant industrial user permits shall be issued as follows:
(1) Application: any significant industrial user required to obtain a permit in Paragraph (a) of this Rule shall be required to complete, sign, and submit to the control authority a permit application. Application fees and procedures may be prescribed by the control authority. All pretreatment permit applications shall include as a minimum:
(A) the name of industrial user;
(B) the address of industrial user;
(C) the standard industrial classification (SIC) code(s) or expected classification and industrial user category;
(D) the wastewater flow;
(E) the types and concentrations (or mass) of pollutants contained in the discharge;
(F) the products manufactured or services supplied;
(G) a description of existing on-site pretreatment facilities and practices;
(H) the locations of discharge points;
(I) the raw materials used or stored at the site;
(J) a flow diagram or sewer map for the industrial user;
(K) the number of employees; and
(L) the operation and production schedules.
The application shall include a written description of current and projected waste reduction activities in accordance with G.S. 143-215.1(g). The written description shall not be considered part of the permit application and shall not serve as a basis for denial of a permit.
(2) Renewals: Applications for pretreatment permit renewals shall be accomplished by filing an application form as listed in Subparagraph (c)(1) of this Rule prior to permit expiration. The number of days prior to expiration by which the application shall be filed shall be established by the control authority.
(3) Review and Evaluation:
(A) The POTW Director is authorized to accept applications for the Commission and shall refer all applications to the control authority staff for review and evaluation;
(B) The POTW Director shall acknowledge receipt of a complete application, or if not complete, shall return the application to the applicant with a statement of what additional information is required;
(C) The control authority staff shall include documentation of the most recent on-site inspection of the industrial user and any existing wastewater pretreatment system as part of the permit record for new and renewed permits; and
(D) The control authority staff shall conduct an evaluation and make a tentative determination to issue or deny the permit. If the control authority staff's tentative determination is to issue the permit, it shall make the following additional determinations in writing and transmit them to the industrial user:
(i) proposed effluent limitations for those pollutants proposed to be limited;
(ii) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations; and
(iii) a description of any other proposed special conditions;
The control authority staff shall organize the determinations made into a pretreatment permit.
(4) Permit supporting documentation. The control authority staff shall prepare the following documents for all significant industrial user permits:
(A) An allocation table (AT) listing permit information for all significant industrial users, including permit limits, permit effective and expiration dates, and a comparison of total permitted flows and loads with Division approved maximum allowable loadings of the POTW, including flow, on forms or in a format provided by the Division. The AT shall be updated as permits are issued or renewed, and as permits are modified where the permitted limits or other AT information is revised;
(B) The basis, or rationale, for the pretreatment limitations, including documentation of categorical determination, including documentation of any calculations used in applying categorical standards; and
(C) Documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.1(e)(2).
(5) Final Action on Permit Applications:
(A) The POTW Director shall take final action on all applications by either issuing a pretreatment permit or by denying the discharge not later than 90 days following the receipt of a complete application. If, following the 30-day period required by Rules .0917(d) and .0922 of this Section, no written demand for hearing, objection, or request for more information under Rule .0917(g)(2) of this Section has been made, the permit shall become final and binding;
(B) The POTW Director is authorized to:
(i) issue a permit containing such conditions as are necessary to effectuate the purposes of G.S. 143-215.1;
(ii) issue a permit containing time schedules for achieving compliance with applicable pretreatment standards and limitations and other legally applicable requirements;
(iii) modify or revoke any permit pursuant to Subparagraph (c)(6) of this Rule;
(iv) deny a permit application; and
(v) issue permits to industrial users not identified as significant industrial users using procedures prescribed by the control authority;
(C) Permits shall be issued or renewed for a period of time deemed reasonable by the POTW Director but in no case shall the period exceed five years; and
(D) The POTW Director shall notify an applicant by certified or registered mail of the denial of his or her permit application. Notifications of denial shall specify the reasons for the denial and the proposed changes that in the opinion of the POTW Director will be required to obtain the permit.
(6) Modification and Revocation of Permits:
(A) Any permit issued pursuant to this Rule is subject to revocation or modification in whole or part as outlined in the control authority's sewer use ordinance; and
(B) Modifications of permits may be initiated by the control authority or the significant industrial user and shall be subject to the same procedural requirements as the issuance of permits. Permit modification requests made by the significant industrial user must be made in writing and can be by letter or by application form as determined by the control authority.
(7) Permit effective dates and modification effective dates shall not be retroactive.
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(c); 143-215.1(g); 143-215.3(a)(3); 143-215.3(a)(14); 143-215.3(e);
Eff. October 1, 1987;
Amended Eff. April 1, 2011; November 1, 1994;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0917 PRETREATMENT PERMIT SUBMISSION AND REVIEW
(a) Each control authority shall transmit to the Division copies of all significant industrial user pretreatment permits 30 days prior to the effective date.
(b) Permits and permit renewal submissions to the Division for significant industrial users shall include the supporting information listed in this Paragraph. Permit modification submissions for significant industrial users shall include updated versions of this supporting information listed in this Paragraph, as applicable to that modification:
(1) the rationale for limits and allocation table required by Rule .0916(c)(4) of this Section;
(2) a copy of the completed application required in Rule .0916(c)(1) of this Section; and
(3) a copy of the record of the inspection required in Rule .0916(c)(3)(C) of this Section.
(c) The Division Director may waive some or all of the requirements in Paragraphs (a) and (b) of this Rule. In making the decision to waive these requirements, the Division Director shall consider factors, including training levels of control authority staff, quality of previous pretreatment permit submissions, percent maximum allowable headworks loading capacity remaining, percent industrial user flow, industrial user waste characteristics, and compliance status of the POTW and its respective environmental permits.
(d) The Division shall have 30 days from the receipt of pretreatment permits to make comments upon, objections to, or recommendations with respect to the permit. Unless such an objection or request for more information in accordance with Paragraph (g) of this Rule is made, the permit shall be final and binding.
(e) Within 30 days of the receipt of a pretreatment permit the Division Director objected to, the Division staff shall set forth in writing and transmit to the control authority:
(1) a statement of the reasons for the objection, including the rules or regulations that support the objection; and
(2) the actions that shall be taken by the control authority to eliminate the objection, including the effluent limitations and conditions the permit would include if it were issued by the Division.
(f) The Division Director's objection to the issuance of a pretreatment permit shall be based upon one or more of the following grounds:
(1) the permit fails to apply or to ensure compliance with any applicable requirement of this Section;
(2) the procedures followed in connection with formulation of the pretreatment permit failed to comply with the procedures required by State statute or by the control authority's approved pretreatment program;
(3) a finding made by the control authority in connection with the pretreatment permit misinterprets any categorical standard or pretreatment regulation or misapplies it to the facts; and
(4) the provisions of the pretreatment permit relating to the maintenance of records, monitoring or sampling by the control authority and the industrial user are, in the judgment of the Division Director, inadequate to assure compliance with permit conditions or applicable pretreatment standards;
(g) Prior to notifying the control authority of an objection, the Division Director:
(1) shall consider all data transmitted pursuant to Rule .0916 of this Section and this Rule;
(2) if more information is needed to determine whether the permit is adequate, may request the control authority to make available to the Division staff the complete record of permit proceedings, or any portions of the record that the Division Director determines are necessary for review. Requests shall be made within 30 days of the Division's receipt of the permit under Rule .0916 of this Section, and shall suspend the 30-day review period in Paragraph (d) of this Rule. When the Division staff has obtained the requested records or portions of the record, the Division staff shall have an additional 30 days for review; and
(3) to the extent feasible within the period of time available, may afford interested persons the opportunity to comment on the basis for the objection.
(h) If within 60 days of the receipt of the Division Director's objection, the control authority does not resubmit a permit revised to meet the Division Director's objection, the Division Director may issue the permit in accordance with Section .0100 of this Subchapter. Exclusive authority to issue the permit required by G.S. 143-215.1(a) passes to the Division when this time expires.
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(c); 143-215.3(a)(3); 143-215.3(a)(14);
Eff. October 1, 1987;
Amended Eff. April 1, 2011; November 1, 1994;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0918 LOCAL LAW
Nothing in the rules of this Section is intended to affect any pretreatment requirements, including any standards or prohibitions, established by local law as long as the local requirements are not less stringent than any set forth in National Pretreatment Standards, or any other requirements or prohibitions established under the Clean Water Act, the North Carolina General Statutes, or the rules of this Section.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.3(a)(1); 143-215.3(a)(14); 153A-274; 153A-275;
160A-311; 160A-312;
Eff. November 1, 1994;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0919 BYPASS
The regulations regarding the bypass provisions promulgated by the EPA and codified as 40 CFR 403.17 are hereby incorporated by reference. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.1(a)(1); 143-215.3(a)(14);
Eff. November 1, 1994;
Amended Eff. March 1, 2011;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0920 PRETREATMENT FACILITY OPERATION AND MAINTENANCE
History Note: Authority G.S. 143-215.3;
Eff. November 1, 1994;
Amended Eff. April 1, 2011;
Repealed Eff. July 1, 2019.
15A NCAC 02H .0921 REVISION TO REFLECT POTW REMOVAL OF POLLUTANT
The regulations regarding removal credits promulgated by the EPA and codified as 40 CFR 403.7 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at , free of charge.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.3(a)(14);
Eff. November 1, 1994;
Amended Eff. March 1, 2011;
Readopted Eff. July 1, 2019.
15A NCAC 02H .0922 Hearings
(a) The control authority sewer use ordinance (SUO) and attorney's statement required under Rule .0906(b)(1) shall provide for the enforcement and compliance with its pretreatment program in accordance with the provisions of G.S. 160A-175 for municipalities, G.S. 153A-123 for counties, G.S. 162A-9.1 for water and sewer authorities, and G.S. 162A-81 for metropolitan sewerage districts. This shall include:
(1) providing industrial users assessed civil penalties by the control authority for violations of its pretreatment program with the opportunity to request review of the penalty in accordance with the provisions of G.S. 143-215.6A(k); and
(2) providing industrial users the opportunity to request review of other actions taken by the control authority to administer and enforce its pretreatment program. Such control authority actions may include denial or termination of a pretreatment permit or other permission to discharge, issuance of a permit or other permission to discharge subject to conditions the industrial users deems unacceptable, and the issuance of an administrative order subject to conditions the industrial users deems unacceptable. The opportunity to request review may include the right to request a review of a control authority action with the local government as established in that local government's SUO, or to request a review by the superior court having local jurisdiction.
(b) If the control authority elects to provide industrial users with the opportunity for local government reviews under Subparagraphs (a)(1) and (a)(2) of this Rule, the control authority may establish procedures and requirements for the review process. These procedures may include the number of days after receipt of an action by which the industrial user must request the review, the contents or form of the request, and which party or parties will conduct local government hearings.
History Note: Authority G.S. 143-215(a); 143-215.1(a); 143-215.1(c); 143-215.2(b); 143-215.3(a)(3); 143-215.3(a)(14); 143-215.6A(j); 143-215.6A(k);
Eff. April 1, 2011;
Readopted Eff. July 1, 2019.
SECTION .1000 - STORMWATER MANAGEMENT
15A NCAC 02H .1001 POST-CONSTRUCTION STORMWATER MANAGEMENT: PURPOSE AND SCOPE
The purpose of this Section is to protect surface waters and aquatic resources from the adverse impacts of stormwater runoff from development activities.
(1) APPLICABILITY. This Section shall apply to development projects and major modifications of development projects for residential, commercial, industrial, or institutional use that are subject to one or more of the post-construction stormwater management programs listed in Item (2) of this Rule. This Section shall not apply to:
(a) land management activities associated with agriculture or silviculture;
(b) activities of the North Carolina Department of Transportation (NCDOT) that are regulated in accordance with the provisions of NPDES Permit Number NCS000250;
(c) linear transportation projects undertaken by an entity other than the NCDOT when:
(i) the project is constructed to NCDOT standards and is in accordance with the NCDOT Stormwater Best Management Practices Toolbox (Version 2, April 2014 Edition) which is herein incorporated by reference, including any subsequent amendments and editions, and may be accessed at no cost at ;
(ii) upon completion, the project will be conveyed either to the NCDOT or another public entity and will be regulated in accordance with that entity's NPDES MS4 stormwater permit; and
(iii) the project is not part of a common plan of development;
(d) development activities that have already received a State Stormwater Permit or Certification where no modification or a minor modification is requested. These activities shall follow their existing permit conditions.
(e) airport facilities that are deemed permitted in accordance with G.S. 143-214.7(c4); and
(f) "redevelopment" as the term is defined in G.S. 143-214.7(a1).
(2) STORMWATER PROGRAMS. The post-construction stormwater management programs consist of the following:
(a) Coastal Counties – 15A NCAC 02H .1019;
(b) Non-Coastal County High Quality Waters and Outstanding Resource Waters – 15A NCAC 02H .1021;
(c) NPDES MS4 Stormwater – 15A NCAC 02H .0126; 15A NCAC 02H .0150, .0151; 15A NCAC 02H .0153; 15A NCAC 02H .1017;
(d) Urbanizing Areas – 15A NCAC 02H .1016; and
(e) Universal Stormwater Management Program - 15A NCAC 02H .1020.
(3) PERMIT REQUIRED. A permit shall be required for development activities that are subject to any of the post-construction stormwater management programs listed in Item (2) of this Rule. The permit shall be issued by the implementing authority in accordance with this Section. If a project is subject to more than one post-construction stormwater management program, the requirements of both programs shall apply unless otherwise required or allowed by the applicable rule of this Section.
(4) DISPUTES REGARDING WATER QUALITY CLASSIFICATION. For stormwater programs that apply based on water quality classification, any disputes regarding water quality classification shall be determined by the N.C. Division of Water Resources pursuant to 15A NCAC 02B .0101 and in accordance with G.S. 143-214.1.
(5) PRIOR AUTHORIZATIONS. A development project shall not be required to comply with this Section or shall be allowed to follow an earlier version of the rules of this Section available for no cost on the Division's website at if it is conducted pursuant to one of the following authorizations, provided that the authorization was obtained prior to the effective date of the applicable rule of this Section, and the authorization is valid, unexpired, unrevoked, and not otherwise terminated:
(a) a building permit pursuant to G.S. 153A-357 or G.S. 160A-417;
(b) a "site specific development plan" as defined by G.S. 153A-344.1(b)(5) and G.S. 160A-385.1(b)(5);
(c) a "phased development plan" as defined by G.S. 153A-344.1(b)(3) or G.S. 160A-385.1 that shows:
(i) for the initial or first phase of development, the type and intensity of uses for a specific parcel or parcels, including the boundaries of the project and a subdivision plan that has been approved pursuant to G.S. 153A-330 through G.S. 153A-335 or G.S. 160A-371 through G.S. 160A-376; and
(ii) for any subsequent phase of development, sufficient detail that demonstrates to the permitting authority that implementation of the requirements of this Section to that phase of development would require a material change in that phase of development as contemplated in the phased development plan. Sufficient detail may include documentation of financial expenditures and contractual obligations, a copy of an approved site-specific development plan, and a narrative of how the new rules will require a material change to the subsequent phase or phases of development; or
(d) a vested right to the development pursuant to common law.
(6) ANTI-DEGRADATION POLICY. Development projects that are subject to this Section shall comply with the Antidegradation Policy set forth in 15A NCAC 02B .0201.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2014-1;
Eff. January 1, 1988;
Amended Eff. September 1, 1995;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1002 DEFINITIONS
The definition of any word or phrase in this Section shall be the same as given in Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Definitions set forth in 15A NCAC 02H .0150 and 40 CFR 122.2 and 122.26(b) (1 July 2015 Edition) are incorporated herein by reference, not including subsequent amendments and editions. These federal regulations may be accessed at no cost at . Other words and phrases used in this Section are defined as follows:
(1) "Adverse impact" means a detrimental effect upon water quality or best usages, including a violation of water quality standards, caused by or contributed to by a discharge or loading of a pollutant or pollutants.
(2) "Best usage" means those uses of waters specified for each classification as determined by the Commission in accordance with the provisions of G.S. 143-214.1 and as set forth in 15A NCAC 02B .0101, 15A NCAC 02B .0200, and 15A NCAC 02B .0300.
(3) "Built-upon area" or "BUA" has the same meaning as in G.S. 143-214.7.
(4) "CAMA Major Development Permits" means those permits or revised permits required by the Coastal Resources Commission as set forth in 15A NCAC 07J Sections .0100 and .0200.
(5) "Certificate of Stormwater Compliance" means the approval for activities that meet the requirements for coverage under a stormwater general permit for development activities that are regulated by this Section.
(6) "Coastal Counties" means any of the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington.
(7) "Commission" means the North Carolina Environmental Management Commission.
(8) "Common plan of development" means a site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a "common plan of development" include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans.
(9) "Curb Outlet System" means curb and gutter with breaks or other outlets used to convey stormwater runoff to vegetated conveyances or other vegetated areas.
(10) "Design volume" means the amount of stormwater runoff that an SCM or series of SCMs is designed to treat.
(11) "Development" has the same meaning as in G.S. 143-214.7.
(12) "Director" means the Director of the Division of Energy, Mineral, and Land Resources.
(13) “Dispersed flow" means uniform shallow flow that is conveyed to a vegetated filter strip as defined in Rule .1059 of this Section, another vegetated area, or stormwater control measure. The purpose of "dispersed flow" is to remove pollutants through infiltration and settling, as well as to reduce erosion prior to stormwater reaching surface waters.
(14) "Division" means the Division of Energy, Mineral, and Land Resources.
(15) "Drainage Area or Watershed" means the entire area contributing surface runoff to a single point.
(16) "Erosion and Sedimentation Control Plan" means any plan, amended plan, or revision to an approved plan submitted to the Division of Energy, Mineral, and Land Resources or a delegated authority in accordance with G.S. 113A-57.
(17) "Existing development" means those projects that are built or those projects that have established a vested right under North Carolina law as of the effective date of the state stormwater program or applicable local government ordinance to which the project is subject.
(18) "General Permit" means a permit issued under G.S. 143-215.1(b)(3) and G.S. 143-215.1(b)(4) authorizing a category of similar activities or discharges.
(19) "Geotextile fabric" means a permeable geosynthetic comprised solely of non-biodegradable textiles.
(20) "Infiltration Systems" means stormwater control measures designed to allow runoff to move into the soil's pore space.
(21) "Intermittent stream" has the same meaning as in 15A NCAC 02B .0233.
(22) "Local government" has the same meaning as in 15A NCAC 02B .0202.
(23) "Major modification" means a change of a state stormwater permit that is not a "minor modification" as that term is defined in this Rule.
(24) "Minimum Design Criteria" or "MDC" means the requirements set forth in this Section for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for the Department to issue stormwater permits that comply with State water quality standards adopted pursuant to G.S. 143-214.1.
(25) "Minor modification" means a change of a state stormwater permit that does not increase the net built-upon area within the project or does not increase the overall size of the stormwater control measures that have been approved for the project.
(26) "Non-erosive velocity" means the flow rate of water, usually measured in feet per second, that does not exceed the maximum permissible velocity for the condition and type of soil and groundcover over which the water is flowing. Erosion occurs when the maximum permissible velocity is exceeded.
(27) "Notice of Intent" means a written notification to the Division that an activity or discharge is intended to be covered by a general permit in lieu of an application for an individual permit.
(28) "NPDES" means National Pollutant Discharge Elimination System.
(29) "Off-site Stormwater Systems" means stormwater management systems that are located outside the boundaries of the specific project in question, but designed to control stormwater drainage from that project and other potential development sites.
(30) "One-year, 24-hour storm" means the maximum amount of rainfall during a 24 consecutive hour period expected, on average, to occur once a year. One-year, 24-hour storm depths are estimated by the National Oceanic and Atmospheric Administration (NOAA) Precipitation Frequency Data Server (PFDS), which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at .
(31) "On-site Stormwater Systems" means the systems necessary to control stormwater within an individual development project and located within the project boundaries.
(32) "Peak attenuation volume" means stormwater runoff in excess of the design volume that is conveyed to an SCM where it is not treated in accordance with the applicable MDC, but is released by the SCM in a controlled manner to address potential downstream erosion and flooding impacts to meet federal, State, or local regulations beyond the requirements of this Section.
(33) "Perennial waterbody" has the same meaning as in 15A NCAC 02B .0233.
(34) "Perennial stream" has the same meaning as in 15A NCAC 02B .0233.
(35) "Permeable pavement" means paving material that absorbs water or allows water to infiltrate through the paving material. "Permeable pavement" materials include porous concrete, permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other material with similar characteristics.
(36) "Person" has the same meaning as in G.S. 143-212(4).
(37) "Primary SCM" means a wet pond, stormwater wetland, infiltration system, sand filter, bioretention cell, permeable pavement, green roof, rainwater harvesting, or an approved new stormwater technology that is designed, constructed and maintained in accordance with the MDC.
(38) "Project" means the proposed development activity for which an applicant is seeking a stormwater permit from the state or other entity in accordance with this Section. "Project" shall exclude any land adjacent to the area disturbed by the project that has been counted as pervious by any other development regulated under a federal, State, or local stormwater regulation. Owners and developers of large developments consisting of many linked projects may consider developing a master plan that illustrates how each project fits into the design of the large development.
(39) "Public linear transportation project" means a project consisting of a road, bridge, sidewalk, greenway, or railway that is on a public thoroughfare plan or provides improved access for existing development and that is owned and maintained by a public entity.
(40) "Required storm depth" means the minimum amount of rainfall that shall be used to calculate the required treatment volume or to evaluate whether a project has achieved runoff volume match.
(41) "Redevelopment" has the same meaning as in G.S. 143-214.7.
(42) "Residential development" has the same meaning as in 15A NCAC 02B .0202.
(43) "Runoff treatment" means that the volume of stormwater runoff generated from all of the built-upon area of a project at build-out during a storm of the required storm depth is treated in one or more primary SCMs or a combination of Primary and Secondary SCMs that provides equal or better treatment.
(44) "Runoff volume match" means that the annual runoff volume after development shall not be more than ten percent higher than the annual runoff volume before development, except in areas subject to SA waters requirements per Rule .1019 of this Section where runoff volume match means that the annual runoff volume after development shall not be more than five percent higher than the annual runoff volume before development.
(45) "Seasonal High Water Table" or "SHWT" means the highest level of the saturated zone in the soil during a year with normal rainfall. SHWT may be determined in the field through identification of redoximorphic features in the soil profile, monitoring of the water table elevation, or modeling of predicted groundwater elevations.
(46) "Secondary SCM" means an SCM that does not achieve the annual reduction of Total Suspended Solids (TSS) of a "Primary SCM" but may be used in a treatment train with a primary SCM or other Secondary SCMs to provide pre-treatment, hydraulic benefits, or a portion of the required TSS removal.
(47) "Stormwater" has the same meaning as in G.S.143-213(16a).
(48) "Stormwater Collection System" means any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating) runoff. A stormwater collection system does not include vegetated swales, swales stabilized with armoring, or alternative methods where natural topography or other physical constraints prevents the use of vegetated swales (subject to case-by-case review), curb outlet systems, or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of Rule .1003 in this Section.
(49) "Stormwater Control Measure" or "SCM," also known as "Best Management Practice" or "BMP," means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof.
(50) "Ten-year storm intensity" means the maximum rate of rainfall of a duration equivalent to the time of concentration expected, on the average, once in 10 years. Ten-year storm intensities are estimated by the National Oceanic and Atmospheric Administration (NOAA) Precipitation Frequency Data Server (PFDS), which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at .
(51) "Vegetated setback" means an area of natural or established vegetation adjacent to surface waters, through which stormwater runoff flows in a diffuse manner to protect surface waters from degradation due to development activities.
(52) "Vegetated conveyance" means a permanent, designed waterway lined with vegetation that is used to convey stormwater runoff at a non-erosive velocity within or away from a developed area.
(53) "Water Dependent Structures" means a structure that requires access, proximity to, or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, or bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and boat storage areas shall not be considered water dependent structures.
History Note: Authority G.S. 143-213; 143-214.1; 143-214.7; 143-215.3(a)(1);
Eff. January 1, 1988;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1. (f)); July 3, 2012; December 1, 1995; September 1, 1995;
Temporary Amendment Eff. March 28, 2014;
Amended Eff. January 1, 2015;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1003 REQUIREMENTS THAT APPLY TO all projects
The following requirements shall apply to projects subject to any North Carolina stormwater program set forth in Rule .1001 of this Section.
(1) CALCULATION OF PROJECT DENSITY. The following requirements shall apply to the calculation of project density:
(a) Project density shall be calculated as the total built-upon area divided by the total project area;
(b) A project with existing development may use the calculation method in Sub-Item (1)(a) or shall have the option of calculating project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area;
(c) Total project area shall exclude the following:
(i) areas below the Normal High Water Line (NHWL); and
(ii) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein incorporated by reference, including any subsequent amendments and editions, and may be accessed at no cost at as measured landward from the Normal High Water (NHW) line; and
(d) On a case-by-case basis as determined by the Division during application review, projects may be considered to have both high and low density areas based on one or more of the following criteria:
(i) natural drainage area boundaries;
(ii) variations in land use throughout the project; and
(iii) construction phasing.
(2) DESIGN REQUIREMENTS FOR LOW DENSITY PROJECTS. Low density projects shall meet the following minimum design criteria:
(a) DENSITY THRESHOLDS. Low density projects shall not exceed the low density development thresholds set forth in the stormwater programs to which they are subject pursuant to Rules .1017, .1019, and .1021 of this Section. For projects subject to the requirements for Non-Coastal High Quality Waters and Outstanding Resource Waters, dwelling unit per acre may be used instead of density to establish low density status for single-family detached residential development as set forth in Rule .1021 in this Section;
(b) DISPERSED FLOW. Projects shall be designed to maximize dispersed flow through vegetated areas and minimize channelization of flow;
(c) VEGETATED CONVEYANCES. Stormwater that cannot be released as dispersed flow shall be transported by vegetated conveyances. A minimal amount of non-vegetated conveyances for erosion protection or piping for driveways or culverts under a road shall be allowed by the permitting authority when it cannot be avoided. Vegetated conveyances shall meet the following requirements:
(i) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the permitting authority that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
(ii) The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm as demonstrated by engineering calculations.
(d) CURB OUTLET SYSTEMS. Low density projects may use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems shall be as follows:
(i) The curb outlets shall be designed such that the swale or vegetated area can carry the peak flow from the 10-year storm at a non-erosive velocity;
(ii) The longitudinal slope of the swale or vegetated area shall not exceed five percent, except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
(iii) The swale's cross-section shall be trapezoidal with a minimum bottom width of two feet;
(iv) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);
(v) The minimum length of the swale or vegetated area shall be 100 feet; and
(vi) Low density projects may use treatment swales designed pursuant to Rule .1061 of this Section in lieu of the requirements specified in Sub-items (i) through (v) of this Item.
(3) DESIGN REQUIREMENTS FOR HIGH DENSITY PROJECTS. High density projects are projects that do not conform to Item (2) of this Rule. High density projects shall meet the following minimum design criteria:
(a) TREATMENT REQUIREMENTS. SCMs shall be designed, constructed, and maintained so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are defined in Rule .1002 of this Section.
(b) OFF-SITE STORMWATER. Stormwater runoff from off-site areas and existing development shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not bypassed shall be included in the sizing of on-site SCMs at its full built-out potential.
(c) OFF-SITE SCM. A project that controls runoff through an off-site SCM shall be allowed on a case-by-case basis as determined by the permitting authority if the off-site SCM meets the provisions of Rules .1050 through .1061 of this Section.
(d) EXPANSION OR REPLACEMENT OF EXISTING DEVELOPMENT. When new built-upon area is added to existing development or existing development is replaced with new built-upon area, only the area of net increase shall be subject to this Section.
(e) MDC FOR SCMS. SCMs shall meet the relevant MDC set forth in Rules .1050 through .1062 of this Section except in accordance with Item (6) of this Rule.
(4) VEGETATED SETBACKS. Vegetated setbacks shall be required adjacent to waters as specified in the stormwater rules to which the project is subject pursuant to this Section, in addition to the following requirements applicable to all vegetated setbacks:
(a) The width of a vegetated setback shall be measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline;
(b) Vegetated setbacks may be cleared or graded, but shall be replanted and maintained in grass or other vegetation;
(c) Built-upon area that meets the requirements of G.S. 143-214.7(b2)(2) shall be allowed within the vegetated setback.
(d) Built-upon area that does not meet the requirements of G.S. 143-214.7(b2)(2) shall be allowed within a vegetated setback when it is not practical to locate the built-upon area elsewhere, the built-upon area within the vegetated setback is minimized, and channelizing runoff from the built-upon area is avoided. Built-upon area within the vegetated setback shall be limited to:
(i) Publicly-funded linear projects such as roads, greenways, and sidewalks;
(ii) Water Dependent Structures; and
(iii) Minimal footprint uses such as poles, signs, utility appurtenances, and security lights.
(e) Stormwater that has not been treated in an SCM shall not be discharged through a vegetated setback; instead it shall be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow.
(f) Artificial streambank and shoreline stabilization shall not be subject to the requirements of this Item.
(5) STORMWATER OUTLETS. Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations.
(6) VARIATIONS FROM THIS SECTION. The permitting authority shall have the option to approve projects that do not comply with all of the provisions of this Section on a case-by-case basis as follows:
(a) If the variation pertains to an SCM design that does not meet all of the MDC, then the applicant shall provide technical justification based on engineering calculations and the results of research studies showing that the proposed design provides equal or better stormwater control and equal or better protection of waters of the State than the requirements of this Section and that it shall function in perpetuity. The permitting authority shall have the option to require compliance with the MDC in the event that the alternative SCM design fails;
(b) If the variation pertains to other aspects of the project, then the applicant shall demonstrate that the project provides equal or better stormwater control and equal or better protection of waters of the State than the requirements of this Section; and
(c) Variations from this Section shall not be allowed if the project is being permitted under the fast-track process.
(7) DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure that projects will be maintained in perpetuity consistent with the plans and specifications approved by the permitting authority. For projects owned by public entities, the permittee shall have the option to incorporate specific restrictions and conditions into a facility management plan or another instrument in lieu of deed restrictions and protective covenants.
(8) COMPLIANCE WITH OTHER REGULATORY PROGRAMS. Project designs shall comply with all other applicable requirements pursuant to G.S. 143-214.1, G.S. 143-214.5, G.S. 143-214.7, and G.S. 143-215.3(a)(1).
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1(d); 143-215.3(a)(1); S.L. 2008-198;
Eff. January 1, 1988;
Amended Eff. December 1, 1995; September 1, 1995;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1004 STATEWIDE STORMWATER GUIDELINES
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.8A;
Eff. January 1, 1988;
Repealed Eff. September 1, 1995.
15A NCAC 02H .1005 STORMWATER REQUIREMENTS: COASTAL COUNTIES
15A NCAC 02H .1006 STORMWATER REQUIREMENTS: HIGH QUALITY WATERS
15A NCAC 02H .1007 STORMWATER REQUIREMENTS: OUTSTANDING RESOURCE WATERS
15A NCAC 02H .1008 DESIGN OF STORMWATER MANAGEMENT MEASURES
15A NCAC 02H .1009 STAFF REVIEW AND PERMIT PREPARATION
15A NCAC 02H .1010 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION
15A NCAC 02H .1011 MODIFICATION AND REVOCATION OF PERMITS
15A NCAC 02H .1012 DELEGATION OF AUTHORITY
15A NCAC 02H .1013 GENERAL PERMITS
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a); 143-215.3(a)(1); S.L. 2011-220;
Eff. September 1, 1995;
This Rule is superseded by S.L. 2008-211 Eff. October 1, 2008;
Amended Eff. March 1, 2013; July 3, 2012; December 1, 1995;
Repealed Eff. January 1, 2017.
15A NCAC 02H .1014 Stormwater management for urbanizing areas
15A NCAC 02H .1015 urbanizing area definitions
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1);
Eff. July 3, 2012;
Repealed Eff. January 1, 2017.
15A NCAC 02H .1016 development in urbanizing areas: APPLICABILITY AND DELINEATION
(a) Development in Unincorporated Areas of Counties.
(1) Development that cumulatively disturbs one acre or more of land, including development that disturbs less than one acre of land that is part of a larger common plan of development or sale, that is located in the unincorporated area of a county shall comply with the standards set forth in Rule.1017 of this Section beginning 1 July 2007 if the development is located in any of the following:
(A) an area that is designated as an urbanized area under the most recent federal decennial census.
(B) the unincorporated area of a county outside of a municipality designated as an urbanized area under the most recent federal decennial census which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at: that extends:
(i) One mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals;
(ii) Two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals; or
(iii) Three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals.
(C) an area delineated pursuant to Subparagraph (3) of this Paragraph.
(D) a county that contains an area that is designated as an urbanized area under the most recent federal decennial census in which the unduplicated sum of the following equal or exceed 75 percent of the total geographic area of the county:
(i) the area that is designated as an urbanized area under the most recent federal decennial census;
(ii) the area described in Subparagraph (1)(B) of this Paragraph;
(iii) the area delineated pursuant to Item (2) of this Paragraph;
(iv) the jurisdiction of a regulated entity designated pursuant to Paragraph (a) of Rule .0151(a) of this Subchapter;
(v) the area that is regulated by a NPDES MS4permit for stormwater management required pursuant to 15A NCAC 02H .0151(b); and
(vi) areas in the county that are subject to any of the stormwater management programs administered by the Division; or
(E) A county that contains an area that is designated as an urbanized area under the 1990 or 2000 federal decennial census and that has an actual population growth rate that exceeded the State population growth rate for the period 1995 through 2004, unless that actual population growth rate occurred in an area within the county that consists of less than five percent of the total land area of the county.
(2) For purposes of this Paragraph, the stormwater programs administered by the Division shall be as follows:
(A) Water Supply Watershed I (WS-I) – 15A NCAC 02B .0212;
(B) Water Supply Watershed II (WS-II) – 15A NCAC 02B .0214;
(C) Water Supply Watershed III (WS-III) – 15A NCAC 02B .0215;
(D) Water Supply Watershed IV (WS-IV) – 15A NCAC 02B .0216;
(E) High Quality Waters (HQW) in Non-Coastal Counties – 15A NCAC 02H .1021;
(F) Outstanding Resource Waters (ORW) in Non-Coastal Counties – 15A NCAC 02H .1021;
(G) Coastal Counties – 15A NCAC 02H .1019;
(H) Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy – 15A NCAC 02B .0235;
(I) Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 02B .0258;
(J) Randleman Lake Water Supply Watershed Nutrient Management Strategy – 15A NCAC 02B .0251; and
(K) Other Environmental Management Commission Nutrient Sensitive Waters (NSW) Classifications – 15A NCAC 02B .0223.
(3) Delineation Process. The Commission shall delineate regulated coverage areas as follows:
(A) Schedule: The Commission shall implement the delineation process in accordance with the schedule for review and revision of basinwide water quality management plans as provided in G.S. 143-215.8B(c).
(B) Potential candidate coverage areas. A potential candidate coverage area shall be the unincorporated area of a county that is outside a municipality designated as a regulated entity pursuant to Rule .0151(a)(2) and (3) of this Subchapter that extends:
(i) one mile beyond the corporate limits of a municipality with a population of less than 10,000 individuals;
(ii) two miles beyond the corporate limits of a municipality with a population of 10,000 or more individuals but less than 25,000 individuals; or
(iii) three miles beyond the corporate limits of a municipality with a population of 25,000 or more individuals.
(C) Identification of candidate coverage areas. The Commission shall identify an area within a potential candidate coverage area described in Part (3)(B) of this Subparagraph as a candidate coverage area if the discharge of stormwater within or from the unincorporated area has the potential to have an adverse impact on water quality.
(D) Notice and comment on candidacy. The Commission shall notify each public entity that is located in whole or in part in a candidate coverage area. After notification of each public entity, the Commission shall publish a map of the unincorporated areas within the river basin that have been identified as candidate coverage areas. The Commission shall accept public comment on the proposed delineation of a candidate coverage area for a period of not less than 30 days.
(E) Delineation of regulated coverage areas. After review of public comment, the Commission shall delineate regulated coverage areas. The Commission shall delineate a candidate coverage area as a regulated coverage area only if the Commission determines that the discharge of stormwater within or from the candidate coverage area either:
(i) has an adverse impact on water quality; or
(ii) results in a significant contribution of pollutants to sensitive receiving waters, taking into account the effectiveness of other applicable water quality protection programs. To determine the effectiveness of other applicable water quality protection programs, the Commission shall consider the water quality of the receiving waters and whether the waters support the best usages.
(F) Notice of delineation. The Commission shall provide written notice to each public entity that is located in whole or in part in a candidate coverage area of its delineation determination. The notice shall state the basis for the determination.
(4) Except as provided in this Subparagraph and Rule .1018 of this Section, the Commission shall administer and enforce the standards for development in the regulated coverage areas. To the extent authorized by law, where the development is located in a municipal planning jurisdiction, the municipality shall administer and enforce the standards. A public entity may request that the Commission delegate administration and enforcement of the stormwater management program to the public entity as provided in Rule .1018 of this Section.
(b) Development in Incorporated Areas in Certain Counties. Development that cumulatively disturbs one acre or more of land, including development that disturbs less than one acre of land that is part of a larger common plan of development or sale, that is located in the incorporated areas of a county described in Parts (a)(1)(D) and (E) of this Rule that are not designated as an urbanized area under the most recent federal decennial census shall comply with the standards set forth in Rule. 1017 of this Section beginning 1 July 2007. The Commission shall administer and enforce the standards for development unless the public entity requests that the Commission delegate administration and enforcement of the stormwater management program to the public entity as provided in Rule .1018 of this Section.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2006-246; S.L. 2011-220;
Eff. July 3, 2012;
Amended Eff. July 1, 2013;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1017 NPDES MS4 and URBANIZING AREAS: pOST-CONSTRUCTION requirements
The purpose of this Rule is to minimize the impact of stormwater runoff from new development on the water quality of surface waters and to protect their best usages.
(1) IMPLEMENTING AUTHORITY. The requirements of this Rule shall be implemented by permittees, delegated programs, and regulated entities in accordance with Rule .0151 of this Subchapter and Rule .1016 of this Section.
(2) APPLICABILITY. This Rule shall apply to all development subject to Rule .1016 of this Section or that disturbs one acre or more of land, including a development that disturbs less than one acre of land that is part of a larger common plan of development or sale, and is subject to a local NPDES post-construction stormwater program pursuant to Rule .0153 of this Subchapter. Where this Rule is administered by the Division, it shall not apply to projects that are subject to any of the following rules:
(a) Water Supply Watershed I (WS-I) – 15A NCAC 02B .0212;
(b) Water Supply Watershed II (WS-II) – 15A NCAC 02B .0214;
(c) Water Supply Watershed III (WS-III) – 15A NCAC 02B .0215;
(d) Water Supply Watershed IV (WS-IV) – 15A NCAC 02B .0216;
(e) High Quality Waters (HQW) in Non-Coastal Counties – 15A NCAC 02H .1021;
(f) Outstanding Resource Waters (ORW) in Non-Coastal Counties – 15A NCAC 02H .1021;
(g) Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy – 15A NCAC 02B .0235;
(h) Tar-Pamlico River Basin Nutrient Sensitive Waters (NSW) Management Strategy – 15A NCAC 02B .0258;
(i) Randleman Lake Water Supply Watershed Nutrient Management Strategy – 15A NCAC 02B .0251;
(j) Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development – 15A NCAC 02B .0265;
(k) Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New Development – 15A NCAC 02B .0277;
(l) Coastal Counties: Stormwater Management Requirements – 15A NCAC 02H .1019;
(m) Goose Creek Watershed: Stormwater Control Requirements – 15A NCAC 02B .0602; or
(n) Universal Stormwater Management Program – 15A NCAC 02H .1020.
(3) GENERAL REQUIREMENTS FOR DEVELOPMENT. In addition to the requirements of this Rule, development shall comply with Rule .1003 of this Section.
(4) PROJECT DENSITY. A project shall be considered a low density project if it meets the low density criteria set forth in Rule .1003(2) of this Section and contains no more than 24 percent built-upon area or no more than two dwelling units per acre; otherwise, a project shall be considered high density. Low density projects shall comply with the requirements set forth in Rule .1003(2) of this Section. High density projects shall comply with the requirements set forth in Rule .1003(3) of this Section.
(5) REQUIRED STORM DEPTH. For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have the option to design projects to achieve "runoff volume match" in lieu of "runoff treatment" as those terms are defined in Rule .1002 of this Section.
(6) OPERATION AND MAINTENANCE PLANS. Permittees and regulated entities shall implement and delegated programs shall require an operation and maintenance plan for SCMs in accordance with Rule .1050 of this Section. In addition, the operation and maintenance plan shall require the owner of each SCM to annually submit a maintenance inspection report on each SCM to the local program or regulated entity.
(7) FECAL COLIFORM REDUCTION. Regulated entities and delegated programs shall implement a fecal coliform reduction program that controls, to the maximum extent practicable, sources of fecal coliform. At a minimum, the program shall include a pet waste management component, which may be achieved by revising an existing litter ordinance, and an on-site domestic wastewater treatment system component to ensure proper operation and maintenance of such systems, which may be coordinated with local county health departments.
(8) DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Restrictions and protective covenants shall be recorded by permittees or regulated entities on the property in the Office of the Register of Deeds in the county where the property is located prior to the issuance of a certificate of occupancy and in accordance with Rule .1003(7) of this Section.
(9) PROJECTS IN AREAS DRAINING TO SENSITIVE RECEIVING WATERS. Additional requirements shall apply to projects located in areas draining to certain sensitive receiving waters as follows:
(a) projects subject to the Class SA waters requirements of Rule .1019 of this Section shall meet those requirements and shall use SCMs that result in the highest degree of fecal coliform die-off and control sources of fecal coliform to the maximum extent practicable;
(b) projects located in areas draining to Trout waters shall use SCMs that avoid a sustained increase in the receiving water temperature; and
(c) projects located in areas draining to Nutrient Sensitive Waters shall use SCMs that reduce nutrient loading, while still incorporating the stormwater controls required for the project's density level. Delegated programs and regulated entities may implement a nutrient application management program for inorganic fertilizer and organic nutrients to reduce nutrients entering waters of the State. In areas subject to a Nutrient Sensitive Water Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Nutrient Sensitive Water Stormwater Management Program requirements are set forth in 15A NCAC 02B .0200.
(10) VEGETATED SETBACKS. Vegetated setbacks from perennial waterbodies, perennial streams, and intermittent streams shall be required in accordance with Rule .1003 of this Section and shall be at least 30 feet in width. Vegetated setbacks from such waters shall be required if the water is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS) which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at . Relief from this requirement may be allowed when surface waters are not present in accordance with 15A NCAC 02B .0233(3)(a). In addition, an exception to this requirement may be pursued in accordance with Item (12) of this Rule.
(11) EXCLUSIONS. Development shall not be subject to this Rule if it is conducted pursuant to one of the following authorizations, provided that the authorization was obtained prior to the effective date of the post-construction stormwater control requirements in the area in which the development is located, and the authorization is valid, unexpired, unrevoked, and not otherwise terminated:
(a) a building permit pursuant to G.S. 153A-357 or G.S. 160A-417;
(b) a "site specific development plan" as defined by G.S. 153A-344.1(b)(5) and G.S. 160A-385.1(b)(5);
(c) a "phased development plan" as defined by G.S. 153A-344.1 for a project located in the unincorporated area of a county that is subject to this Rule, if the Commission is responsible for implementation of the requirements of this Rule, that shows:
(i) for the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including the boundaries of the project and a subdivision plan that has been approved pursuant to G.S. 153A-330 through G.S. 153A-335; and
(ii) for any subsequent phase of development, sufficient detail that demonstrates to the permitting authority that implementation of the requirements of this Rule to that phase of development would require a material change in that phase of development as contemplated in the phased development plan. Sufficient detail may include documentation of financial expenditures and contractual obligations, a copy of an approved site-specific development plan, and a narrative of how the new rules will require a material change to the subsequent phase or phases of development;
(d) a vested right to the development pursuant to G.S. 153A-344(b), G.S. 153A-344.1, G.S. 160A-385(b), or G.S. 160A-385.1 issued by a local government that implements this Rule; or
(e) a vested right to the development pursuant to common law.
(12) EXCEPTIONS. The Department or an appropriate local authority, pursuant to Article 18 of G.S. 153A or Article 19 of G.S. 160A, may grant exceptions from the 30-foot landward location of built-upon area requirement of Item (10) of this Rule as well as the deed restrictions and protective covenants requirement of Item (8) of this Rule as follows:
(a) An exception shall be granted if the application meets all of the following criteria:
(i) unnecessary hardships would result from strict application of the requirement, and these hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property, and not as a result from actions taken by the petitioner; and
(ii) the requested exception is consistent with the spirit, purpose, and intent of this Rule; will protect water quality; will secure public safety and welfare; and will preserve substantial justice. Merely proving that the exception would permit a greater profit from the property shall not be considered adequate justification for an exception.
(b) Notwithstanding Sub-Item (a) of this Item, exceptions shall be granted in any of the following instances:
(i) when there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance; provide maximum nutrient removal; protect against erosion and sedimentation; have the least adverse effects on aquatic life and habitat; and protect water quality to the maximum extent practicable through the use of SCMs; or
(ii) when there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including water, sewer, or gas construction and maintenance corridor; as long as it is located 15 feet landward of all perennial waterbodies, perennial streams, and intermittent streams and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of SCMs.
A lack of practical alternatives may be shown by demonstrating that, considering the potential for an alternative configuration, or a reduction in size or density of the proposed activity, the basic project purpose may not be practically accomplished in a manner that would avoid or result in less adverse impact to surface waters.
(c) Conditions and safeguards may be imposed upon any exception granted in accordance with G.S. 143-215.1(b).
(d) Delegated programs and regulated entities shall document the exception procedure and submit an annual report to the Department on all exception proceedings.
(e) Appeals of the Department's exception decisions shall be filed with the Office of Administrative Hearings, under G.S. 150B-23. Appeals of a local authority's exception decisions shall be made to the appropriate Board of Adjustment or other appropriate local governing body, pursuant to G.S. 160A-388 or G.S. 153A-345.1.
(13) In order to fulfill the post-construction minimum control measure program requirement, a permittee, delegated program, or regulated entity may use the Department's model ordinance, design its own post-construction practices based on the Department's guidance on scientific and engineering standards for SCMs, incorporate the post-construction model practices described in this Section, or develop its own comprehensive watershed plan that meets the post-construction stormwater management measure required by 40 CFR 122.34(b)(5) (1 July 2015 Edition), which is incorporated by reference, not including subsequent amendments and editions. A copy of the reference material may be accessed at no cost at .
(14) Nothing in this Rule shall alter the requirement that a discharge fully comply with all applicable State or federal water quality standards.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2006-246; S.L. 2008-198;
Eff. July 3, 2012;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1018 urbanizing areas: DELEGATION
A public entity that does not administer the requirements of a NPDES MS4 permit for stormwater management throughout the entirety of its planning jurisdiction and whose planning jurisdiction includes a regulated coverage area pursuant to Rule .1016 of this Section may submit a stormwater management program for its regulated coverage area or a portion of its regulated coverage area to the Commission for approval pursuant to G.S. 143-214.7(c) and (d). One paper copy of the stormwater management program shall be submitted to the Division. The stormwater management program shall include an ordinance or regulation adopted by a public entity that meets or exceeds the minimum requirements of Rules .1003 and .1017 of this Section. Two or more public entities are authorized to establish a joint program and to enter into agreements that are necessary for the proper administration and enforcement of the program. The resolution, memorandum of agreement, or other document that establishes any joint program shall be duly recorded in the minutes of the governing body of each public entity participating in the program, and a certified copy of each resolution shall be filed with the Commission. The Commission shall review each proposed program submitted to it to determine whether the submission is complete. A complete submission shall contain the required ordinance or regulation; supporting documentation that demonstrates a public entity's stormwater management program meets the requirements of Rules .1003 and .1017 of this Section; and if applicable, certified resolutions with an effective date. Within 90 days after the receipt of a complete submission, the Commission shall notify the public entity submitting the program that it has been approved, approved with modifications, or disapproved. The Commission shall approve a program only upon determining that its requirements meet or exceed those of Rules .1003 and .1017 of this Section. If the Commission determines that any public entity is failing to administer or enforce an approved stormwater management program, it shall notify the public entity in writing and shall specify the deficiencies of administration and enforcement. If the public entity has not taken corrective action within 30 days of receipt of notification from the Commission, the Commission shall assume administration and enforcement of the program until such time as the public entity indicates its willingness and ability to correct the deficiencies identified by the Commission and resume administration and enforcement of the program.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2006-246; S.L. 2011-220;
Eff. January 1, 2017 (previously codified in 15A NCAC 02H .1016).
15A NCAC 02H .1019 COASTAL COUNTIES
The purpose of this Rule is to protect surface waters in the 20 Coastal Counties from the impact of stormwater runoff from new development.
(1) Implementing Authority. This Rule shall be implemented by:
(a) local governments and other entities within the 20 Coastal Counties that are required to implement a Post-Construction program as a condition of their NPDES permits;
(b) local governments and state agencies that are delegated to implement a stormwater program pursuant to G.S. 143-214.7(c) and (d); and
(c) the Division in all other areas where this Rule applies.
(2) APPLICABILITY OF THIS RULE. This Rule shall apply to the following types of developments within the Coastal Counties:
(a) projects that require an Erosion and Sedimentation Control Plan pursuant to G.S. 113A-57;
(b) projects that require a Coastal Area Management Act (CAMA) Major Development Permit pursuant to G.S. 113A-118; and
(c) projects that do not require either an Erosion and Sedimentation Control Plan or a CAMA Major Development Permit, but meet one of the following criteria:
(i) nonresidential projects that propose to cumulatively add 10,000 square feet or more of built-upon area; or
(ii) residential projects that are within ½ mile of and draining to SA waters, and propose to cumulatively add more than 10,000 square feet of built-upon area, and result in a percentage built-upon area greater than 12 percent.
(3) EFFECTIVE DATES. The effective dates are as follows:
(a) for prior Rule .1000 of this Section, January 1, 1988;
(b) for prior Rule .1005 of this Section, September 1, 1995;
(c) for S.L. 2006-264, August 16, 2006; and
(d) for S.L. 2008-211, October 1, 2008.
Prior versions of these rules are available for no cost on the Division's website at .
(4) GENERAL REQUIREMENTS FOR ALL PROJECTS. In addition to the requirements of this Rule, development projects shall also comply with the requirements set forth in Rule .1003 of this Section.
(5) DETERMINATION OF WHICH COASTAL STORMWATER PROGRAM APPLIES.
(a) SA WATER. SA Water requirements shall apply to projects located within one-half mile of and draining to waters classified as SA-HQW or SA-ORW per 15A NCAC 02B .0301.
(i) The SA boundary shall be measured from either the landward limit of the top of bank or the normal high water level. In cases where a water is listed on the Schedule of Classifications, but the applicant provides documentation from the Division of Water Resources or the U.S. Army Corps of Engineers that the water is not present on the ground, the applicant shall not be subject to the SA requirements of this Rule.
(ii) An SCM with any portion of its drainage area located within the SA waters boundary shall be designed to meet SA water requirements.
(b) FRESHWATER ORW. Freshwater ORW requirements shall apply to projects that drain to waters classified as B-ORW and C-ORW per 15A NCAC 02B .0301.
(c) OTHER COASTAL COUNTY WATER. If a project does not meet the applicability requirements for Sub-Items (5)(a) or (b) of this Rule, then it shall be subject to the other Coastal County Water requirements set forth in Item (6) of this Rule.
(d) PROJECTS THAT ARE SUBJECT TO TWO OR MORE COASTAL STORMWATER PROGRAMS. Projects with portions that are located within two or more coastal stormwater program boundaries shall meet the applicable requirements of Item (6) inside each of the project's portions.
(6) STORMWATER REQUIREMENTS. Depending on the applicable program pursuant to Item (5) of this Rule, the following stormwater requirements shall apply:
(a) SUMMARY OF COASTAL PROGRAM REQUIREMENTS. The requirements shall be in accordance with the following table:
|Program that Applies|Maximum BUA for Low| |Additional Special Provisions |
| |Density |Required Storm Depth | |
| | |for High Density | |
| | |Projects | |
|SA Water |12% |One-year, 24-hour storm|SCMs for High Density SA Projects per Item|
| | | |(7) of this Rule; and the percentage |
| | | |built-upon area shall not exceed 25 |
| | | |percent within 575 feet of an SA-ORW |
|Freshwater ORW |12% |1.5 inch storm |None |
|Other Coastal County|24% |1.5 inch storm |None |
|Water | | | |
(b) VEGETATED SETBACKS. For all subject projects within the Coastal Counties, vegetated setbacks from perennial waterbodies, perennial streams, and intermittent streams shall be at least 50 feet in width for new development and at least 30 feet in width for redevelopment and shall comply with Rule .1003(4) of this Section.
(7) SCMS FOR SA WATER HIGH DENSITY PROJECTS REQUIREMENTS. High density projects subject to SA water requirements shall use one of the following approaches for treating and discharging stormwater:
(a) RUNOFF VOLUME MATCH. The project shall achieve runoff volume match, and excess runoff volume shall be released at a non-erosive velocity at the edge of the vegetated setback or to an existing stormwater drainage system.
(b) RUNOFF TREATMENT WITH NON-DISCHARGING SCMs. SCM(s) shall provide runoff treatment without discharging in excess of the pre-development conditions during the one-year, 24-hour storm event. The runoff volume in excess of the one-year, 24-hour runoff volume shall be released at a non-erosive velocity at the edge of the vegetated setback or to an existing stormwater drainage system.
(c) RUNOFF TREATMENT WITH DISCHARGING SCMs. SCM(s) shall provide runoff treatment for the difference between the pre- and post-development runoff volumes for the one-year, 24-hour storm event and meet the following requirements:
(i) documentation shall be provided that it is not feasible to meet the MDC for infiltrations systems as set forth in Rule .1051 of this Section;
(ii) the stormwater shall be filtered through a minimum of 18 inches of sand prior to discharge;
(iii) the discharge from the SCM shall be directed to either a level spreader-filter strip designed as set forth in Rule .1059 of this Section, a swale that fans out at natural grade, or a natural wetland that does not contain a conveyance to SA waters; and
(iv) the runoff volume in excess of the one-year, 24-hour storm event shall be released at a non-erosive velocity at the edge of the vegetated setback or to an existing stormwater drainage system.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-215.3(a)(1); S.L. 2008-211; S.L. 2017-211;
Eff. January 1, 2017 (portions of this rule previously codified in 15A NCAC 02H .1005);
Amended Eff. June 1, 2018.
15A NCAC 02H .1020 Universal Stormwater Management Program
(a) Adoption of the Universal Stormwater Management Program (USMP) shall be made at the option of a local government by adopting an ordinance that complies with this Rule and the requirements of 15A NCAC 02B .0104(f). The Commission shall approve local ordinances if it determines that the requirements of the local ordinance meet or exceed the provisions of this Rule and the requirements of 15A NCAC 02B .0104(f). A model ordinance for the USMP shall be available at no cost on the Division's website at . Administration and implementation of the USMP shall be the responsibility of the adopting local government within its jurisdiction. Local governments located within one of the 20 Coastal Counties may elect to have the Division administer and implement the USMP, either in whole or in part, within their jurisdiction following their adoption of the program. The requirements of the USMP shall supersede and replace all other existing post-construction stormwater requirements within that jurisdiction, as specified in Paragraph (b) of this Rule.
(b) With the exceptions noted in Paragraph (c) of this Rule, the requirements specified in this Rule shall replace the following post-construction stormwater control requirements:
(1) Water Supply (WS) Watershed II (WS II) (15A NCAC 02B .0214(3)(b)(i));
(2) WS Watershed II Critical Area (WS II CA) (15A NCAC 02B .0214(3)(b)(ii));
(3) WS Watershed III (WS III) (15A NCAC 02B .0215(3)(b)(i));
(4) WS Watershed III Critical Area (WS III CA) (15A NCAC 02B .0215(3)(b)(ii));
(5) WS Watershed IV (WS IV) (15A NCAC 02B .0216(3)(b)(i));
(6) WS Watershed IV Critical Area (WS IV CA) (15A NCAC 02B .0216(3)(b)(ii));
(7) High Quality Waters (HQW) for Freshwaters (15A NCAC 02H .1021);
(8) Outstanding Resource Waters (ORW) for Freshwaters (15A NCAC 02H .1021);
(9) Outstanding Resource Waters (ORW) for Saltwaters (15A NCAC 02H. 1019);
(10) Shellfishing Waters (SA) (15A NCAC 02H .1019);
(11) Post-Construction Stormwater Requirements of the NPDES MS4Program (15A NCAC 02H .1017);
(12) Coastal Counties Stormwater Requirements in 15A NCAC 02H .1019;
(13) Stormwater Management Plans for 401 Water Quality Certifications under 15A NCAC 02H .0500;
(14) Catawba Buffer Rules (15A NCAC 02B .0243); and
(15) Urban Stormwater Management Requirements of the Randleman Lake Water Supply Watershed Rules (15A NCAC 02B .0251).
(c) As mandated in 15A NCAC 02H .0506(b)(5) and (c)(5), the Director may review and require amendments to proposed stormwater control plans submitted under the provisions of the certification process pursuant to Section 401 of the Clean Water Act (33 U.S.C. 1341) in order to ensure that the proposed activity will not violate water quality standards.
(d) Adoption of the USMP shall not affect the requirements specified in the following Rules:
(1) 15A NCAC 02B .0214(3)(b)(i)(I);
(2) 15A NCAC 02B .0214(3)(b)(ii)(C) and (D);
(3) 15A NCAC 02B .0215(3)(b)(i)(I);
(4) 15A NCAC 02B .0215(3)(b)(ii)(C) and (D); and
(5) 15A NCAC 02B .0216(3)(b)(ii)(C) and (D).
(e) The Catawba Buffer Rules shall be superseded in those areas where the buffers are contained within the jurisdiction of another stormwater program listed in Paragraph (b) of this Rule and the requirements of that program shall be replaced by the USMP. For the watershed that drains to Lake James, which is not contained within the jurisdiction of another stormwater program, the Catawba Buffer Rules shall be superseded if the USMP is implemented in the entire area within five miles of the normal pool elevation of Lake James.
(f) The implementation of the USMP shall supersede the Urban Stormwater Requirements of the Randleman Lake Water Supply Watershed in 15A NCAC 02B .0251, but USMP implementation does not affect the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers requirements specified in 15A NCAC 02B .0250.
(g) Coastal Counties Requirements. All development activities located in one of the 20 Coastal Counties that disturb 10,000 square feet or more of land, including projects that disturb less than 10,000 square feet of land that are part of a larger common plan of development or sale, shall control the runoff from the first one and one half inch of rainfall to the level specified in Paragraph (i) of this Rule. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial waterbodies, perennial streams, and intermittent streams. In addition to the other requirements specified in this Paragraph, all development activities that are located within 575 feet of waters designated by the Commission as shellfishing waters shall be limited to a maximum impervious surface density of 36 percent. Redevelopment activities shall not be required to comply with the requirements of this Paragraph.
(h) Non-Coastal Counties Requirements. All residential development activity that is located in one of the 80 Non-Coastal Counties that disturbs one acre or more of land, including residential development that disturbs less than one acre of land that is part of a larger common plan of development or sale, and all non-residential development activity that is located in one of the 80 Non-Coastal Counties that disturbs ½ acre or more of land, including non-residential development that disturbs less than ½ acre of land that is part of a larger common plan of development or sale, shall control the runoff from the first one inch of rainfall as specified in Paragraph (i) of this Rule. Except as allowed in this Paragraph, no new impervious or partially pervious surfaces, except for roads, paths, and water dependent structures, shall be allowed within the one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain Mapping Program in the Division of Emergency Management which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at . For perennial and intermittent streams that do not have a floodplain delineated by the Floodplain Mapping Program, all development activities subject to this Rule shall be located at least 30 feet landward of all perennial waterbodies, perennial streams, and intermittent streams. In addition to the other requirements specified in this Paragraph, all development activities that are located within the area designated by the Commission as a Critical Area of a Water Supply Watershed as defined in 15A NCAC 02B .0202 shall be limited to a maximum impervious surface density of 36 percent. Redevelopment of residential structures within the one percent Annual Chance Floodplain shall be allowed. Redevelopment of non-residential structures within the one percent Annual Chance Floodplain shall be allowed provided that less than ½ acre is disturbed during the redevelopment activity. Redevelopment activities outside of the one percent Annual Chance Floodplain shall not be required to comply with the requirements of this Paragraph.
(i) Structural stormwater controls required under Paragraphs (g) and (h) of this Rule shall meet the following criteria:
(1) achieve either runoff treatment or runoff volume match in accordance with Paragraphs (g) and (h) of this Rule; and
(A) for SCMs designed to achieve runoff treatment, the required storm depth shall be one and one half inch in the Coastal Counties and one inch in the Non-Coastal Counties.
(B) applicants shall have the option to use SCMs designed to achieve "runoff volume match" in lieu of "runoff treatment" in accordance with the definitions of those terms in Rule .1002 of this Section; and
(2) meet the requirements for all projects subject to stormwater rules as set forth in Rule .1003 of this Section.
(j) For the purposes of this Rule, a surface water shall be deemed present if the feature is shown on either the most recent published version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS) which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at . Relief from this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 02B .0233(3)(a).
(k) Local governments that implement the USMP shall require applicants to record deed restrictions and protective covenants that ensure that the project will be maintained in perpetuity consistent with approved plans.
(l) Local governments that implement the USMP shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the USMP. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural stormwater control measure annually to the local program.
(m) In addition to the other measures required in this Rule, all development activities located in one of the 20 Coastal Counties that disturb 10,000 square feet or more of land within ½ mile and draining to SA waters shall:
(1) use stormwater control measures that result in fecal coliform die-off and that control to the maximum extent practicable sources of fecal coliform while complying with Paragraph (i) of this Rule; and
(2) prohibit new direct points of stormwater discharge to SA waters or expansion of existing stormwater conveyance systems that drain to SA waters. Any modification or redesign of a stormwater conveyance system within the contributing drainage basin shall not increase the net amount or rate of stormwater discharge through existing outfalls to SA waters. Diffuse flow of stormwater at a non-erosive velocity to a vegetated buffer or other natural area capable of providing effective infiltration of the runoff from the 1-year, 24-hour storm shall not be considered a direct point of stormwater discharge. Consideration shall be given to soil type, slope, vegetation, and existing hydrology when evaluating infiltration effectiveness.
(n) In addition to the other measures required in this Rule, development activities draining to trout (Tr) waters shall use stormwater control measures that do not cause an increase in the receiving water temperature while still incorporating the requirements specified in Paragraph (i) of this Rule.
(o) The Division, upon determination that a local government is failing to implement or enforce the approved local stormwater program, shall notify the local government in writing of the local program's deficiencies. If the local government has not corrected the deficiencies within 90 days of receipt of written notification from the Division, then the Division shall take the following action:
(1) implement the requirements of 15A NCAC 02B .0243 and 15A NCAC 02H .1019, and .1021 in lieu of the local government's administration of the USMP in areas subject to those Rules; and
(2) enforce the requirements of 15A NCAC 02B .0214 through .0216, and .0251, and 15A NCAC 02H .0500 and .1017 in areas subject to those Rules.
(p) Development activities conducted within a jurisdiction where the USMP has been implemented may take credit for the nutrient reductions achieved by utilizing diffuse flow in the one percent Annual Chance Floodplain to comply with the nutrient loading limits specified within NSW Rules where the one percent Annual Chance Floodplain exceeds the 50-foot Riparian Buffers. Development activities occurring where the USMP has been implemented but there is no delineated one percent Annual Chance Floodplain may take credit for the nutrient reductions achieved by utilizing diffuse flow into a vegetated filter strip that exceeds the 50-foot Riparian Buffer by at least 30 feet and has a slope of five degrees or less.
(q) The following special provisions of the USMP apply only to federal facilities and Department of Defense (DoD) installations. Federal facilities and DoD installations may adopt the USMP within their boundaries by submitting a letter to the Chairman of the Commission that states that the facility in question has adopted controls that comply with the requirements of this Rule and with the requirements of 15A NCAC 02B .0104(f). In lieu of the protective covenants and deed restrictions required in Paragraph (k) of this Rule, federal facilities and DoD installations that choose to adopt the USMP within their boundaries shall incorporate specific restrictions and conditions into base master plans or other appropriate instruments to ensure that development activities regulated under this Rule will be maintained in a manner consistent with the approved plans.
(r) Implementation of this USMP does not affect any other rule or requirement not specifically cited in this Rule.
History Note: Authority G.S. 143-214.1; 143-214.5;143-214.7; 143-215.1; 143-215.3(a); 143-215.6A; 143-
215.6B; 143-215.6C;
Eff. January 1, 2007;
Readopted Eff. January 1, 2017.
15A NCAC 02H .1021 NON-COASTAL COUNTY HIGH QUALITY WATERS (HQW) AND OUTSTANDING RESOURCE WATERS (ORW)
The purpose of this Rule is to minimize the impact of stormwater runoff from development on the water quality of surface waters and to protect their designated best usages in management zones of Non-Coastal County High Quality Waters (HQW) and Outstanding Resource Waters (ORW).
(1) IMPLEMENTING AUTHORITY. This rule shall be implemented by the Division.
(2) APPLICABILITY. This Rule shall apply to development activities outside of Coastal Counties that require an Erosion and Sedimentation Control Plan pursuant to G.S. 113A-57and are either:
(a) within one mile of and draining to waters classified as HQW except that development located in WS-I or WS-II watersheds as set forth in 15A NCAC 02B .0212 and .0214 are excluded from the requirements of this Rule; or
(b) draining to waters classified as ORW.
(3) EFFECTIVE DATE. The effective date of prior Rules .1006 and .1007 of this Section is September 1, 1995.
(4) GENERAL REQUIREMENTS FOR NEW DEVELOPMENT. In addition to the requirements of this Rule, projects shall also comply with the requirements set forth in Rule .1003 of this Section.
(5) PROJECT DENSITY. A project shall be considered a low density project if meets the low density criteria set forth in Item (2) of Rule .1003 of this Section and contains no more than 12 percent built-upon area or no more than one dwelling unit per acre; otherwise, a project shall be considered high density. Low density projects shall comply with the requirements set forth in Item (2) of Rule .1003 of this Section. High density projects shall comply with the requirements set forth in Item (3) of Rule .1003 of this Section.
(6) REQUIRED STORM DEPTH. For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have the option to design projects to achieve "runoff volume match" in lieu of "runoff treatment" as those terms are defined in Rule .1002 of this Section.
(7) VEGETATED SETBACKS. Vegetated setbacks from perennial waterbodies, perennial streams, and intermittent streams shall be at least 30 feet in width for both low and high density developments and shall comply with Rule .1003(4) of this Section.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a);
Eff. January 1, 2017 (portions of this Rule previously codified in 15A NCAC 02H .1006 and .1007).
15A NCAC 02H .1022 Reserved for future codification
15A NCAC 02H .1023 Reserved for future codification
15A NCAC 02H .1024 Reserved for future codification
15A NCAC 02H .1025 Reserved for future codification
15A NCAC 02H .1026 Reserved for future codification
15A NCAC 02H .1027 Reserved for future codification
15A NCAC 02H .1028 Reserved for future codification
15A NCAC 02H .1029 Reserved for future codification
15A NCAC 02H .1030 Stormwater Requirements: Oil and Gas exploration and production
(a) Regulated Development Activity. Persons engaged in oil and gas exploration, development, and production activities shall manage stormwater runoff in accordance with the provisions of this Rule.
(1) These persons shall submit a permit application to the Division of Energy, Mineral, and Land Resources (Division) in accordance with the requirements of this Section.
(2) These persons shall obtain a permit from the Division prior to any on-site activities other than land surveying, and surface soil testing of hydraulic conductivity and engineering properties.
(3) This Rule authorizes the Division to issue a stormwater-only permit. Any other discharge to surface waters is prohibited unless permitted in accordance with G.S. 143-215.1.
(4) The Division may issue stormwater permits as discrete, stand-alone stormwater permits or may incorporate stormwater permit conditions into an environmental protection permit encompassing multiple regulatory programs.
(b) Permit Application Requirements.
(1) Notwithstanding the qualifying provisions of Rule .1003(b)(1), (2), and (3) of this Section, a complete permit application and a permit are required for oil and gas exploration, development, and production activity, regardless of whether the activity also requires a CAMA major development permit or an Erosion and Sedimentation Control Plan. A permit application and permit are also required regardless of whether the development is located in the 20 coastal counties, drains to Outstanding Resource Waters (ORW), or drains to High Quality Waters (HQW).
(2) The Division shall treat each stormwater permit application for oil and gas exploration, development, and production activities as a High Density Project application as provided for in Rule .1003(d)(2) of this Section, and shall only grant permit coverage if the application itself and the proposed development meet the requirements of this Rule.
(3) The Director may solicit and receive comments from other regulatory agencies and the public when necessary to obtain additional information needed to complete the review of either the stormwater permit application or the stormwater conditions in an application for an environmental protection permit encompassing multiple regulatory programs. If comments are solicited, notice will be posted on the Division's website with 30 days provided for public comment to be submitted to the Director. The permit application will be included in the notice published on the Division's website.
(4) The permit application for oil and gas exploration, development, and production activities shall be submitted to the Division at the Raleigh Central Office located at 512 North Salisbury Street, Raleigh, North Carolina 27604.
(5) The stormwater permit application shall comply with the requirements in Rule .1003(g) of this Section. In addition, the application shall include the following information:
(A) all North Carolina classifications and supplemental classifications (if any) assigned to the receiving water;
(B) the location of all stormwater discharge points, both by latitude and longitude coordinates and by graphic representation;
(C) the graphic representation of the location and delineation of wetlands and regulated buffers on the site, adjacent to the site, or between the site and the receiving water;
(D) a statement that there are no threatened or endangered species identified for the receiving water or for downstream receiving waters. If threatened or endangered species are present the application shall identify the threatened and endangered species and their reported locations in the receiving water and downstream receiving waters. The application shall propose specific measures for the protection of any threatened or endangered species present in the receiving water. The Division shall evaluate the proposed measures and may require additional or different measures in the final form of the stormwater management permit;
(E) a design narrative that explains the assumptions and calculations for the engineering design of the stormwater control systems proposed and that identifies how the design complies with each specific requirement of this Section; and
(F) a graphic representation of the final site grade and site conditions that will be implemented in support of a future request to rescind the stormwater permit, or comprehensive environmental permit, based on the final close out and the end of the permit holder's commercial interest in the site.
(6) As a part of the permit application, the applicant shall submit a Stormwater Management Plan that identifies the physical and procedural stormwater management measures proposed to minimize the discharge of pollutants through stormwater. The Stormwater Management Plan shall address all phases of site activity and operation. The Stormwater Management Plan shall include:
(A) a description of site activities with the potential to affect the pollutant content of stormwater runoff;
(B) a description of the permittee's stormwater management strategy to control and minimize stormwater exposure of significant materials;
(C) a description of the permittee's spill prevention and response procedures;
(D) a description of the permittee's preparations in anticipation of, and in response to, rainfall events in excess of the design basis of the physical stormwater control and treatment measures employed;
(E) a description of good housekeeping measures and supporting facility inspections including a schedule of inspections and maintenance on any structural control measures;
(F) a description of the permitee's training of site personnel in stormwater pollution prevention; and
(G) the identification of the specific person or position responsible for the overall coordination, development, implementation, and revision of the Stormwater Management Plan.
(c) Stormwater Management Requirements.
(1) During initial site clearing, grading, excavation, and construction of earthen surface features, including temporary erosion and sedimentation control measures and permanent stormwater control measures, the permittee shall manage (control, operate, maintain, store, handle, clean up, and dispose of) site conditions, materials, activities, and stormwater as follows:
(A) Equipment, petroleum products, equipment wash waters, and associated spent fluids shall be managed to prevent the potential or actual pollution of surface waters by direct discharge or via stormwater runoff.
(B) Herbicides, pesticides, fertilizers, and similar materials shall be managed to prevent introduction into stormwater runoff.
(C) Building material waste, land clearing and demolition debris, litter, and sanitary wastes shall be managed to prevent introduction into stormwater runoff. Dedicated management areas shall be established for these materials a minimum of 50 feet away from surface waters and discrete stormwater conveyances.
(D) Topsoil and excavated material stockpiles shall be located a minimum of 50 feet away from surface waters and stormwater conveyances and shall be managed to prevent runoff transport of the stockpiled materials to surface waters.
(E) Excess concrete, concrete wash water, and cement slurries shall be managed to prevent the potential or actual pollution of surface waters by direct discharge or via stormwater runoff.
(2) During initial site clearing, grading, excavation, and construction of earthen surface features, including temporary erosion and sedimentation control measures and permanent stormwater control measures, the permittee shall manage site conditions, materials, activities, and stormwater as follows:
(A) All perimeter dikes, perimeter swales, perimeter ditches, perimeter slopes, all slopes steeper than 3:1, and all slopes longer than 50 feet shall be provided with temporary or permanent ground cover stabilization within 7 calendar days from the last land disturbing activity.
(B) All other disturbed areas shall be provided temporary or permanent ground cover stabilization within 14 calendar days from the last land disturbing activity.
(C) Time extensions may be requested in writing by the permittee. These requests may be granted by the Division based on weather or site-specific conditions.
(D) Treatment measure requirements:
(i) All sediment basins and traps with a contributing drainage area of one acre or greater shall utilize outlet structures that withdraw water from the surface.
(ii) Stormwater treated with polymers, flocculants, or other treatment chemicals shall be routed through sediment traps, filters, or other settling devices to ensure removal prior to discharge to surface waters. Only chemicals that have been approved by the Division may be used. The approved chemicals list is available on the Division's website at .
(3) For this Rule, 'spudding' the well means starting the oil or gas well drilling process by removing rock, dirt, and other sedimentary material with the drill bit. After initial site clearing, grading, excavation, and construction of earthen surface features, including temporary erosion and sedimentation control measures and permanent stormwater control measures, and at least 72 hours prior to spudding an oil or gas well, the permittee shall deliver to the Division written certification by the individual designing the stormwater control system in accordance with Rule .1008(j) of this Section. Regardless of whether a certificate of occupancy is provided or required by other authority, the permittee shall not proceed with spudding the well until the Division accepts the designer's written certification. Within 72 hours of receiving the designer's certificate the Division shall inspect the permitted stormwater control system. Subsequent to the inspection, the Division may withhold acceptance of the designer's certification upon concluding that the stormwater control system has not been installed in accordance with the stormwater permit and the approved stormwater permit application documents. If the Division fails to inspect the stormwater control system within 72 hours of receiving the designer's certification, the certification shall be deemed accepted by the Division and the permittee may proceed with spudding the well.
(4) After completion of the surface site preparation activity, and beginning with the surface activity in direct support of well drilling, the permittee shall manage site conditions, materials, activities, and stormwater as follows:
(A) Stormwater control measures shall control and treat the runoff from the rainfall event with a 24-hour precipitation total greater than or equal to 90 percent of all 24-hour rainfall event totals on an annual basis.
(B) Stormwater control measures shall discharge at a rate less than or equal to the peak pre-development discharge rate for the 1-year, 24-hour storm.
(C) Stormwater control measures shall be designed in accordance with the provisions of Rule .1008 of this Section.
(D) In addition to the measures identified in Rule .1008(a) of this Section, other measures shall be approved where individually, or in combination, the measures achieve 85% average annual removal of Total Suspended Solids, and upon the Division's review and conclusion of appropriate design and suitability for the anticipated site conditions.
(E) All stormwater control measures shall be equipped with underflow baffles or other effective means to prevent the discharge of hydrocarbons and floating pollutants.
(F) The requirements identified in Subparagraphs (1) and (2) of this Paragraph for initial site construction shall also apply to all subsequent phases of site operation.
(5) The Division shall establish record-keeping, self-inspection, and self-reporting permit requirements to insure effective site management attention, response actions, and control of the potential for polluted stormwater.
(6) Stormwater management requirements provided in this Paragraph pertain to the well pad area, all adjacent developed areas, and access and haul roads in proximity to the well pad or directly associated with the operation of the permitted site.
(d) Coordination with other water quality regulations.
(1) For oil and gas exploration, development, and production activities, compliance with this Rule satisfies the requirements of Rule .1006 of this Section. However, pursuant to Rule .1006 of this Section, the Division may require more stringent measures for development activities draining to HQW waters.
(2) For oil and gas exploration, development, and production activities, compliance with this Rule satisfies the Freshwater ORW requirements of Rule .1007 of this Section. However, pursuant to Rule .1007 of this Section, the Division may require more stringent measures for development activities draining to ORW waters.
(3) This Rule is not intended to modify, repeal, or supersede any other rule, regulation, or other provision of law. The requirements of this Rule are in addition to the requirements of any other rule, regulation, or other provision of law. Where any requirement of this Rule imposes restrictions different from those imposed by any other rule, regulation, or other provision of law, whichever requirement is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control. This includes Sections 15A NCAC 02B .0100, 15A NCAC 02B .0200, and 15A NCAC 02B .0300, whether administered by the State or by a local unit of government.
History Note: Authority G.S. 113-391(a3)(1); 143-214.1; 143-214.7; 143-215.1; 143-215.3(a); S.L. 2014-4 s. 2.(e);
Eff. March 17, 2015.
15A NCAC 02H .1040 PERMIT ADMINISTRATION
This Rule applies to the permitting processes set forth in Rules .1041 through .1045 of this Section.
(1) SIGNATURES ON PERMIT APPLICATION FORMS. Application forms shall have an original signature by one of the following entities unless the application is accompanied by a letter of authorization signed by the appropriate authority as designated in Sub-Items (a) through (d) of this Item authorizing the signature of another entity:
(a) in the case of a corporation, by a principal executive officer of the level of vice-president or his authorized representative. In the case of a limited liability corporation (LLC), by a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;"
(b) in the case of a partnership, by a general partner or a managing partner. In the case of a limited partnership, by a general partner;
(c) in the case of a proprietorship, by the proprietor(s); or
(d) in the case of a municipal, state, or other public entity, by either a principal executive officer, ranking official, or other duly authorized employee.
(2) PERMIT PROCESSING TIMES. The Division shall process permit applications and additional or amended information pursuant to G.S. 143-215.1.
(3) DELEGATION. For permits issued by the Division, the Director shall be authorized to delegate to Division staff any of the functions contained in these Rules, except the following:
(a) denying a permit application;
(b) revoking a permit if such revocation is not requested by the permittee;
(c) modifying a permit not requested by the permittee; and
(d) calling for a public notice or meeting.
(4) PERMIT ISSUANCE. The following shall apply to stormwater management permits issued by the Division:
(a) stormwater management permits issued for low density projects shall not require permit renewal;
(b) stormwater management permits issued for projects that require the construction of engineered stormwater control measures shall be issued for a period not to exceed 8 years; and
(c) stormwater management permits shall be issued to the property owner or to a lessee, purchaser, or developer with the written permission of the property owner, and shall cover the entire project.
(5) PERMIT DENIAL. If the Director denies a permit, the letter of denial shall state the reason(s) for denial and the Director's estimate of the changes in the applicant's proposed activities or plans that would be required in order that the applicant may obtain a permit. Permit applications may be denied where the proposed project results in noncompliance with:
(a) the purposes of G.S. 143, Article 21;
(b) the purposes of G.S. 143-215.67(a);
(c) rules governing coastal waste treatment or disposal, found in Section .0400 of this Subchapter;
(d) rules governing "subsurface disposal systems," found in 15A NCAC 18A .1900. Copies of these Rules are available from the North Carolina Division of Public Health, 1632 Mail Service Center, Raleigh, North Carolina 27699-1632; or
(e) rules governing groundwater quality standards found in Subchapter 2L of this Chapter.
(6) PERMIT REVOCATION OR MODIFICATION. Permits issued pursuant to these Rules are subject to revocation, or modification by the Director upon 60 days' written notice by the Director in whole or in part for good cause including the following:
(a) violation of any terms or conditions of the permit;
(b) obtaining a permit by misrepresentation or failure to disclose all relevant facts; or
(c) refusal of the permittee to allow authorized employees of the Department of Environmental Quality, upon presentation of credentials:
(i) to enter upon permittee's premises in which any records are required to be kept under terms and conditions of the permit;
(ii) to have access to any and all records required to be kept under terms and conditions of the permit;
(iii) to inspect any monitoring equipment or method required in the permit; or
(iv) to sample any discharge of pollutants.
(7) DIRECTOR'S CERTIFICATION. With the exception of the fast track permitting as set forth in Rules .1043 and .1044 of this Section, projects that do not comply with the requirements of this Section may be approved on a case-by-case basis if the project is certified by the Director that water quality standards and best usages will not be threatened. Approval of alternative designs for SCMs that do not meet all the MDC shall be in accordance with Rule .1003(6) of this Section. Approval of new stormwater technologies shall be in accordance with Rule .1050(15) of this Section. The applicant shall provide information that demonstrates to the Director that:
(a) there are practical difficulties or hardships due to the physical nature of the project such as its size, shape, or topography that prevent strict compliance with this Section; and
(b) water quality standards and best usages will be protected, including development plans and specifications for SCMs that will be installed in lieu of the requirements of this Section or information that demonstrates that the project is located such that impacts to surface waters from pollutants present in stormwater from the site will be mitigated.
(8) PUBLIC NOTICE. The Director is authorized to call for a public notice or hearing to solicit and receive comments from other regulatory agencies and the public to obtain additional information needed to complete the review of either the stormwater permit application or the stormwater conditions. If comments are solicited, notice shall be posted on the Division's website and shall provide the public at least 30 days after publication to submit comments to the Director. The permit application shall be included in the notice published on the Division's website.
(9) CONTESTED CASE HEARING. An applicant whose application is denied or who is issued a permit subject to conditions that are not acceptable to the applicant may seek a contested case hearing pursuant to G.S. 150B-23.
(10) COMPLIANCE. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of this Section shall be subject to enforcement procedures as set forth in G.S. 143, Article 21.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a); 143-215.3D; 143-215.6A; 143-215.6B; 143-215.6C;
Eff. January 1, 2017 (portions of this rule previously codified in 15A NCAC 02H .1003, .1010, .1011, and .1012).
15A NCAC 02H .1041 GENERAL PERMITS
(a) In accordance with the provisions of G.S. 143-215.1(b)(3) and (4), general permits may be developed by the Division and issued by the Director for categories of activities covered in this Section. Each of the general permits shall be issued separately pursuant to G.S. 143-215.1, using all procedural requirements specified for State permits including application and public notice.
(b) General permits may be written to regulate categories of activities that:
(1) involve the same or similar operations;
(2) have similar characteristics;
(3) require the same limitations or operating conditions;
(4) require the same or similar monitoring; and
(5) are controlled by a general permit as determined by the Director.
(c) General permit coverage shall be available to activities, such as the following:
(1) construction of bulkheads and boat ramps;
(2) installation of sewer lines with no proposed built-upon areas;
(3) construction of an individual single family residence; and
(4) other activities that, as determined by the Director, meet the criteria of Paragraph (b) of this Rule.
(d) General permits may be modified or revoked in accordance with the authority and requirements of Rule .1040 of this Section.
(e) Procedural requirements for application and permit approval, unless designated as applicable to persons proposed to be covered under the general permits, apply only to the issuance of the general permits.
(f) After issuance of the general permit by the Director, persons engaged in activities in the applicable categories may request coverage under the general permit, and if an activity falls within a category of activities governed by the general permit the Director or his designee shall grant coverage. All activities that receive a "Certificate of Coverage" for that category of activity shall be deemed governed by that general permit.
(g) No provision in any general permit issued under this Rule shall be interpreted to allow the permittee to violate state water quality standards or other applicable environmental standards.
(h) For a general permit to apply to an activity, a Notice of Intent to be covered by the general permit shall be submitted to the Division using forms provided by the Division on the Division's website at . In addition to the application procedures set forth in Rules .1040 and .1042 of this Section, the Notice of Intent shall include the following:
(1) project name and physical location;
(2) receiving stream name and classification;
(3) total project area above mean high water;
(4) total amount of proposed built-upon area;
(5) description of best management practices employed at the project site;
(6) two sets of site and grading plans; if applicable, plans shall show wetland delineation and the "AEC" line as established by the North Carolina Coastal Resources Commission pursuant to Sections .0100 15A NCAC 07H .0100 - .0600; and
(7) location of the project indicated on a U.S. Geological Survey (USGS) map.
If all requirements are met, coverage under the general permit may be granted. If all requirements are not met, or the Director determines the activity is not governed by the general permit, then the applicant shall be notified in writing and may apply for an individual permit pursuant to this Section.
(i) General permits may be modified and reissued by the Division as necessary. Activities covered under general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits.
(j) All previous state water quality permits issued to a facility that may be covered by a general permit, whether for construction or operation, shall be revoked upon request of the permittee, termination of the individual permit, and issuance of the Certification of Coverage.
(k) Any person engaged in the activities set forth in G.S. 143-215.1 and not permitted in accordance with this Section shall be in violation in G.S. 143-215.1.
(l) Any person covered or considering coverage under a general permit may choose to pursue an individual permit for any activity covered by this Section.
(m) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an individual permit by notifying that person that an individual permit application is required. Notification shall consist of a written description of the reason(s) for the decision, appropriate permit application forms and application instructions, a statement establishing the required date for submission of the application, and a statement informing the person that coverage by the general permit shall automatically terminate upon issuance of the individual permit. Reasons for requiring application for an individual permit include:
(1) the activity is a significant contributor of pollutants;
(2) a change in the conditions at the permitted site, altering the constituents or characteristics of the site such that the activity no longer qualifies for coverage under a general permit;
(3) noncompliance with the general permit;
(4) noncompliance with other provisions of G.S. 143-215.1;
(5) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the activity; or
(6) a determination that the water of the stream receiving stormwater runoff from the site is not meeting applicable water quality standards.
(n) Any interested person may petition the Director to take an action under Paragraph (m) of this Rule to require an individual permit. A petition shall be submitted in writing by mail or email to the Director.
History Note: Authority G.S. 143-215.1; 143-215.3(a);143-215.3D;
Eff. January 1, 2017 (previously codified in 15A NCAC 02H .1013).
15A NCAC 02H .1042 STANDARD PERMITTING PROCESS
This Rule contains the requirements for the application, review, issuance, and denial of state stormwater management permits under the standard permitting process.
(1) APPLICABILITY. This rule applies to:
(a) any person seeking to permit a development activity subject to a stormwater program implemented by the Division under the standard permitting process; and
(b) any person proposing a major modification to an existing state stormwater permit under the standard permitting process.
(2) APPLICATION SUBMITTAL REQUIREMENTS. The applicant shall submit a nonrefundable permit application fee in accordance with G.S. 143-215.3D and two signed hard copies and one electronic copy of each of the following:
(a) a completed and signed Standard Process Application Form. This form may be obtained on the Division's website at and shall include the following information:
(i) current project name and previous project name, if applicable;
(ii) information about the physical location of project;
(iii) stormwater project number, if assigned;
(iv) density of the entire project and each drainage area;
(v) information about applicability of other State and federal environmental permits to the project including CAMA Major Development Permits, NPDES, Erosion and Sedimentation Control Plans, and Section 401 of the Clean Water Act (33 U.S.C. 1341) permits;
(vi) description of SCMs that will be used on the project;
(vi) information about vested rights, if applicable;
(vii) applicant name, address, and contact information; and
(ix) owner name, address, and contact information.
(b) when the applicant is a corporation or limited liability corporation (LLC):
(i) documentation showing the corporation or LLC is an active corporation in good standing with the NC Secretary of State; and
(ii) documentation from the NC Secretary of State or other official documentation showing the titles and positions held by the person who signed the application pursuant to Rule .1040(1) of this Section;
(c) when the applicant is not the property owner, a copy of a lease agreement, affidavit, or other document showing that the applicant has obtained legal rights to submit a stormwater permit application within the proposed project area;
(d) a U.S. Geological Survey (USGS) map identifying the project location and the GPS coordinates for the project. Areas within the project that are subject to SA Waters, Outstanding Resource Waters (ORW), or High Quality Waters (HQW) stormwater requirements set forth in Rules .1019 and .1021 of this Section shall be shown on the map;
(e) a location map with street names and SR numbers to the nearest intersection, with 1, 2, or 3 digit road numbers, legend, and north arrow. This map is not required to be to scale;
(f) signed, sealed, and dated calculations and documentation of project density and allocation of built-upon area for all lots at project completion;
(g) signed, sealed, and dated plans of the entire site that are a minimum of 22 inches by 34 inches in size and are at a legible scale. All plan packages shall include:
(i) project name, designer, and dates;
(ii) dimensioned project or project phase boundary with bearings and distances;
(iii) the boundaries of all surface waters, wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian buffers, or a note on the plans that none exist;
(iv) proposed contours and drainage patterns;
(v) site layout showing all existing and proposed built-upon areas, except for built-upon areas associated with single family residential lots and outparcels on commercial developments that are undetermined at the time of project submittal;
(vi) subdivision lot lines, maintenance access routes and easements, utility and drainage easements, public rights of way, and SCMs; and
(vii) the location of the stormwater collection system, including the locations of the inlets, outlets, pipes, and swales, as well as the inverts and diameters of pipes, excluding driveway culverts.
The Division shall accept conceptual stormwater plans in lieu of this Sub-Item when the applicant can demonstrate that the project complies with this Section, including that SCMs will be properly sized and sited. The detailed plans shall be provided to the Division for review before construction begins;
(h) signed, sealed, and dated plan details of each SCM in plan view at a scale of one inch equal to 30 feet or larger and a cross-section view. Other scales may be accepted if the scale is such that all details are legible on a copy. The plan details shall include:
(i) dimensions, side slopes, and elevations with a benchmark for clean-out if appropriate;
(ii) all conveyance devices, including inlet device, bypass structure, pretreatment area, flow distribution device, underdrains, outlet device, energy dissipater, and level spreader; and
(iii) specification sheets for materials used in the SCM, such as planting media, filter media, and aggregate;
(i) signed, sealed, and dated planting plans for each SCM that requires a planting plan per the Minimum Design Criteria. The planting plan shall include:
(i) plant layout with species names and locations;
(ii) total number and sizes of all plant species; and
(iii) for stormwater wetlands, a delineation of planting zones;
(j) a signed and notarized operation and maintenance agreement;
(k) for major modifications, a copy of the recorded deed restrictions and protective covenants limiting the built-upon area so that it does not exceed the capacity of the SCM(s) or the BUA thresholds. For new projects, proposed deed restrictions and protective covenants. A signed agreement to provide final recorded articles shall be accepted when final documents are not available at the time of submittal; and
(l) for major modifications, a copy of the recorded drainage easements, when applicable. For new projects, proposed drainage easements shown on the plans, and a signed agreement to provide final recorded drainage easements if recorded documents are not available at the time of submittal; and
(m) wherever this Item requires sealed documents, a seal shall not be required if the person designing an SCM or components of an SCM is not required to be licensed as provided in Rule .1050 of this Section.
(3) DIVISION REVIEW OF APPLICATIONS.
(a) The Division shall take one of the following actions:
(i) notify the applicant that additional information is necessary for the Division to determine whether the project complies with this Section. The Division shall provide a list of the additional information that is required. The applicant shall have 30 days from the date the letter was sent to submit the additional information to the Division;
(ii) return the application if the required information listed in Item (2) of this Rule is not provided or if information the Division has requested per Sub-Item (i) of this Sub-Item is not provided within 30 days. In this case, the application shall be deemed denied, and the applicant shall be required to resubmit a complete application with a new application fee;
(iii) issue a permit pursuant to Rule .1040 of this Section; or
(iv) deny a permit pursuant to Rule .1040 of this Section.
(b) The Division shall require an applicant to submit plans, specifications, and other information it considers necessary to evaluate the application when the information provided is inadequate or incorrect. The applicant shall allow the Division safe access to the records, lands, and facilities of the applicant.
(c) If the Division fails to act within the required response times set forth in G.S. 143-215.1, then the application shall be considered approved unless:
(i) the applicant agrees, in writing, to a longer period;
(ii) a final decision is to be made pursuant to a public hearing;
(iii) the applicant fails to furnish information necessary for the Division's decision in accordance with Item (2) or Sub-item (3)(a) of this Rule; or
(iv) the applicant refuses the staff access to its records or premises for the purpose of gathering information necessary for the Division's decision.
(4) FINAL SUBMITTAL REQUIREMENTS IF COMPLETED PROJECT COMPLIES WITH PERMITTED PLANS. If the actual built-upon area is equal to or less than that shown on the permitted plans and the constructed SCM is in compliance with the approved plans, then within 45 days of completion of the project the applicant shall submit to the Division one hard copy and one electronic copy of the following:
(a) a completed and signed Designer's Certification Form. This form may be obtained on the Division’s website at and shall include the following information:
(i) designer name and licensure number;
(ii) project name;
(iii) project owner name; and
(iv) information about deviations from approved plans and specifications;
(b) unless already provided with the permit application, a copy of the recorded deed restrictions and protective covenants limiting the built-upon area so that it does not exceed the capacity of the SCM(s) or the built-upon area thresholds; and
(c) a copy of the recorded drainage easements, when applicable.
(5) IF PROJECT DOES NOT COMPLY WITH PERMITTED PLANS. If the actual built-upon area exceeds that shown on the permitted plans or if the constructed SCM is not in compliance with the approved plans, then within 30 days of completion of the project, the applicant shall submit an application for a modified stormwater permit in accordance with the requirements of this Rule. On a case-by-case basis, based on the project’s size and complexity, the Division may grant the applicant more time to submit the modification application.
History Note: Authority G.S. 143-214.7; 143-215.1; 143-215.3; 143-215.3(a); 143-215.3D;
Eff. January 1, 2017 (portions of this Rule previously codified in 15A NCAC 02H .1008, 1009, and .1010).
15A NCAC 02H .1043 FAST TRACK PERMITTING PROCESS: AUTHORIZATION TO CONSTRUCT
The purpose of this Rule is to set forth the first of two phases of the Fast-Track Stormwater Permit application process: applying for and receiving an authorization to construct permit. There will be a completeness review during the first phase of this process; however, at project completion, the Division shall review the as-built submittal package to determine compliance with the Minimum Design Criteria (MDC).
(1) APPLICABILITY. The fast-track permitting process shall be an option for new projects and major modifications of existing projects provided that all of the MDC shall be met upon project completion. Projects that do not qualify for the fast-track permitting process include:
(a) projects claiming an exemption from the MDC based on vested rights, a waiver, or Director's certification pursuant to Rule .1040(7) of this Section;
(b) modifications to existing projects where the proposed changes to the SCMs will not result in compliance with MDC; and
(c) projects that are not in compliance with a current stormwater permit.
(2) ELIGIBILITY FOR FAST-TRACK SUBMITTAL. Persons seeking authorization to construct under the fast-track permitting process shall submit an application bearing the signature and seal of a person licensed pursuant to either Chapter 89A or Chapter 89C of the NC General Statutes. The signature and seal of such persons on the fast-track application shall signify that they have the expertise, education, and experience required to design the SCMs proposed in the application in accordance with the MDC and that they are in compliance with the applicable standards of professional conduct.
(3) APPLICATION SUBMITTAL REQUIREMENTS. The applicant shall submit a permit application fee in accordance with G.S. 143-215.3D and two signed hard copies and one electronic copy of each of the following:
(a) a completed and signed Fast-Track Process Application Form. This form may be obtained on the Division's website at and shall include the following information:
(i) current project name and previous project name, if applicable;
(ii) information about the physical location of project;
(iii) stormwater project number, if assigned;
(iv) information about applicability of other State and federal environmental permits to the project including CAMA Major Development Permits, NPDES, Erosion and Sedimentation Control Plans, and Section 401 of the Clean Water Act (33 U.S.C. 1341) permits;
(v) applicant name, address, and contact information;
(vi) owner name, address, and contact information; and
(vii) certification of financially responsible owner.
(b) when the applicant is a corporation or a limited liability corporation (LLC):
(i) documentation showing the corporation or LLC is an active corporation in good standing with the NC Secretary of State; and
(ii) documentation from the NC Secretary of State or other official documentation showing the titles and positions held by the persons signed the application pursuant to Rule .1040(1) of this Section;
(c) when the applicant is not the property owner, a copy of lease agreements, affidavits, or other documents showing that the applicant has obtained legal rights to submit a stormwater permit application within the proposed project area;
(d) a guaranty signed and notarized by the applicant and sealed by the licensed professional in accordance with Item (2) of this Rule attesting to the following:
(i) the design has been completed in accordance with the MDC as set forth in Rules .1050 through .1062 of this Section, as applicable.
(ii) the completed design meets the MDC and that the percentage built-upon area that is the basis for the design shall not be exceeded; and
(iii) the applicant shall maintain a licensed professional of record for the duration of the project who will prepare and certify the as-built package. If the applicant retains another licensed professional before the project is complete, then the applicant shall provide an updated guaranty with the current licensed professional's seal. A licensed professional shall inform the Division if he is no longer associated with this project;
(e) a U.S. Geological Survey (USGS) map identifying the project location and the GPS coordinates for the project. Areas within the project that are subject to SA Waters, Outstanding Resource Waters (ORW) or High Quality Waters (HQW) stormwater requirements set forth in Rules .1019 and .1021 of this Section shall be shown on the map;
(f) a site plan depicting the boundary of the project or project phase currently being permitted, including the locations of stormwater control measures, streams, wetlands, and buffers; and
(g) a construction sequence that discusses how any future development on the project may be phased.
(4) DIVISION REVIEW OF APPLICATIONS. The Division shall take one of the following actions within 30 days of the receipt of the application:
(a) Notify the applicant that the project does not qualify for the fast track permitting process pursuant to Item (1) of this Rule. The applicant shall then follow the standard permitting process in accordance with Rule .1042 of this Section;
(b) Notify the applicant that additional information is necessary for the Division to determine whether the project complies with this Section. The Division shall provide a list of the additional information required. The applicant shall have 30 days to submit the additional information to the Division;
(c) Return the application if the required information listed in Item (3) of this Rule is not provided or if information the Division has requested per Sub-item (4)(b) of this Rule is not provided within 30 days. In this case, the applicant shall be required to resubmit a complete application with a new application fee; or
(d) Issue an authorization to construct permit; or
(e) Deny the application in accordance with Rule .1040 of this Section.
(5) EXPIRATION OF THE AUTHORIZATION TO CONSTRUCT PERMIT. The authorization to construct permit shall expire five years after the date of issuance.
History Note: Authority G.S. 143.214.7; 143-214.7B; 143-215.1; 143-215.3(a); S.L. 2013-82;
Eff. January 1, 2017.
15A NCAC 02H .1044 FAST TRACK PERMITTING PROCESS: FINAL PERMIT
The purpose of this Rule is to set forth the Fast-Track Stormwater permitting process from the approval of the Authorization to Construct Permit to the approval of the Final Fast-Track Permit.
(1) CONSTRUCTION REQUIREMENTS. Technical design documents shall be available upon request by the Division.
(2) PROJECT COMPLETION. Approval of the as-built stormwater plans shall be required before the Erosion and Sedimentation Control Plan for the project may be closed out.
(3) AS-BUILT PACKAGE SUBMITTAL. The applicant shall submit a permit application fee in accordance with G.S. 143-215.3D and an as-built package within 45 days of completion of the project. Signed and sealed documents shall be signed and sealed in accordance with Rule .1043(2) of this Section. The as-built package shall include the following:
(a) an As-Built Certification Form signed and sealed by the licensed professional of record and signed by the applicant. The As-Built Certification Form may be obtained on the Division's website at and shall include the following information:
(i) current project name and previous project name, if applicable;
(ii) information about the physical location of project;
(iii) stormwater project number, if assigned;
(iv) density of the entire project and each drainage area;
(v) information about applicability of other State and federal environmental permits to the project including CAMA Major Development Permits, NPDES, Sedimentation and Erosion Control Plan, and Section 401 of the Clean Water Act (33 U.S.C. 1341) permits;
(vi) description of SCMs that were used on the project;
(vii) applicant name, address, and contact information; and
(viii) owner name, address, and contact information.
(b) signed, sealed, and dated as-built calculations for the SCMs and calculations of the project density;
(c) when an SCM that has an MDC requiring evaluation of the SHWT or the soil infiltration rate, the applicant shall include the signed, sealed, and dated soils report based on field evaluation indicating the depth of SHWT within the footprint of the SCM, and a map of the boring locations, and boring logs. When the MDC require determination of the infiltration rate, the report shall include the soil type, infiltration rate, and method for determining the infiltration rate. Soils reports shall be signed and sealed by a licensed professional;
(d) a location map with street names and SR numbers to the nearest intersection with 1, 2, or 3 digit road numbers, legend, and north arrow. This is not required to be to scale;
(e) signed, sealed, and dated plans of the entire site that are a minimum 22 by 34 inch in size and are at a legible scale. All plan packages shall include:
(i) project name, designer, and dates;
(ii) dimensioned project or project phase boundary with bearings and distances;
(iii) the boundaries of all surface waters, wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian buffers or a note on the plans that none exist; and
(iv) site layout showing all built-upon areas, maintenance access routes and easements, utility easements, drainage easements, public rights of way, stormwater collection systems, and SCMs at ultimate build-out. The information on stormwater collection systems shall include the locations of the inlets, outlets, pipes, and swales, as well as the inverts and diameters of pipes, excluding driveway culverts;
(f) signed, sealed, and dated as-built plan details of each SCM in both plan view at a scale of one inch equal to 30 feet or larger and cross-section. Other scales may be accepted if the scale is such that all details are legible on a copy. The as-built plan details shall include:
(i) dimensions, side slopes, and elevations with a benchmark for clean-out if appropriate;
(ii) all conveyance devices, including inlet devices, bypass structures, pretreatment areas, flow distribution devices, underdrain discharge points (if accessible), outlet devices, energy dissipater, and level spreader; and
(iii) specification sheets for materials used in the SCM, such as planting media, filter media, and aggregate.
(g) signed, sealed, and dated as-built planting plans for each stormwater wetland and bioretention cell (or typical) at a scale of one inch equals 20 feet or larger. The planting plan shall include:
(i) plant layout with species names and locations;
(ii) total number and sizes of all plant species; and
(iii) for stormwater wetlands, a delineation of planting zones;
(h) a copy of the signed, notarized, and recorded operation and maintenance agreement;
(i) a copy of the recorded documents, deed restrictions, and protective covenants limiting the built-upon area so that it does not exceed the capacity of the SCM(s) or the built-upon area thresholds;
(j) a copy of the recorded drainage easements; and
(k) if there is an increase in built-upon area or a change in SCM design from the permitted plans, then the applicant shall explain the increase or change. The permit applicant shall have the burden of providing sufficient evidence to ensure that the proposed system complies with all applicable water quality standards and requirements.
(4) SITE INSPECTION. The Division may perform a site inspection of the project to ensure that the as-built drawings are an accurate depiction of the stormwater management plan. The Division may inspect the site either:
(a) before the final stormwater permit is issued by scheduling an inspection with the applicant. If the applicant does not agree to the inspection date selected by the Division, then the Division shall work with the applicant to schedule another inspection date; however, in this case, the Division's deadline for action shall be modified pursuant to Item (5) of this Rule; or
(b) after issuance of the final stormwater permit as part of the sediment and erosion control plan close-out.
(5) DIVISION REVIEW OF THE AS-BUILT PACKAGE. Within 15 days after receipt of the as-built package or of additional or amended information, the Division shall notify the applicant if additional information is necessary to determine compliance with this Section. The applicant shall have 30 days from the date of such notice to submit the required information to the Division. If the as-built package is complete, then within 40 days after receipt of the as-built package or 30 days after completion of a site inspection that has been rescheduled at the request of the applicant, whichever date is later, the Division shall take any of the following actions:
(a) issue the final permit pursuant to Rule .1040 of this Section;
(b) draft a permit with special conditions in accordance with Item (6) of this Rule;
(c) initiate compliance and enforcement action in accordance with G.S. 143, Article 21; or
(d) deny the permit pursuant to Rule .1040 of this Section.
(6) PERMIT WITH SPECIAL CONDITIONS. If the Division determines that the stormwater plan has only minor deviations from the MDC, then it shall draft a permit with special conditions to bring the project into compliance with the MDC. The Division shall provide the applicant with a draft of the proposed permit and the applicant shall have 10 days to submit comments or concerns back to the Division. After the draft permit is reviewed by the applicant, the Division shall issue a final permit with special conditions that includes the following:
(a) a list of corrections to be made to the stormwater plan to bring the project into compliance with the MDC; and
(b) a proposed schedule of compliance for meeting the MDC.
(7) COMPLIANCE. Applicants who fail to comply with the requirements of this Rule may be subject to enforcement action as set forth in G.S. 143-215.3.
(8) EXCEPTIONS TO ABOVE TIMEFRAMES. If the Division fails to act within the timelines specified in Item (5) of this Rule, the project shall be considered to be approved unless:
(a) the applicant does not agree to the inspection date proposed by the Division pursuant to Sub-item (4)(a) of this Rule.
(b) the applicant agrees, in writing, to a longer period;
(c) the final decision is to be made pursuant to a public notice or hearing;
(d) the applicant fails to furnish information necessary for the Division's as set forth in Items (3) and (5) of this Rule; or
(e) the applicant refuses the staff access to its records or premises for the purpose of gathering information necessary for the Division’s decision.
History Note: Authority 143.214.7; 143-214.7B; 143-215.1; 143-215.3; 143-215.3(a); 143-215.6A; 143-215.6B; 143-215.6C; S.L. 2013-82;
Eff. January 1, 2017.
15A NCAC 02H .1045 REQUIREMENTS FOR PERMIT TRANSFERS AND PERMIT RENEWALS
This Rule contains the requirements for the transfer and renewal of State stormwater management permits that have been issued by the Division, including those issued under the standard and fast-track permitting processes.
(1) CONDITIONS UNDER WHICH A PERMIT SHALL BE TRANSFERRED. Permit transfer applications shall be accepted by the Division under the following scenarios:
(a) upon the request of the current and proposed permittees;
(b) upon the request of a permitted declarant of a condominium or planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community’s declaration in accordance with G.S. 143-214.7(c2); or
(c) upon the request for a transfer without the consent of the permit holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in G.S. 143-214.7(c5).
(2) PERMIT TRANSFER APPLICATION SUBMITTAL REQUIREMENTS. The applicant shall submit a permit application fee in accordance with G.S. 143-215.3D and two signed hard copies and one electronic copy of each of the following:
(a) a completed and signed Permit Transfer Application Form. This form may be obtained on the Division's website at and shall include the following information:
(i) current stormwater permit number;
(ii) current project name;
(iii) current permittee name and contact information; and
(iv) proposed permittee name and contact information.
(b) when the applicant is a corporation or limited liability corporation (LLC):
(i) Documentation showing the corporation or LLC for the proposed permittee is an active corporation in good standing with the NC Secretary of State; and
(ii) Documentation from the NC Secretary of State or other official documentation, showing the titles and positions held by the person who signed the application pursuant to Rule .1040 of this Section;
(c) legal documentation of the property transfer to a new owner;
(d) a copy of a signed and notarized operation and maintenance agreement from the proposed permittee;
(e) a copy of the recorded deed restrictions and protective covenants where required by the permit. If the project has been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants; and
(f) if the project has been built, a signed, sealed, and dated letter from a licensed professional or other qualified person in accordance with Rule .1050 of this Section stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans.
(3) PERMIT RENEWAL APPLICATION SUBMITTAL REQUIREMENTS. Permittees shall submit a permit renewal application to the Division a minimum of 180 days prior to the permit's expiration date. The applicant shall submit a permit application fee in accordance with G.S. 143-215.3D and two signed hard copies and one electronic copy of each of the following:
(a) a completed and signed Permit Renewal Application Form. This form can be obtained on the Division's website at and shall include the following information:
(i) project name and stormwater permit number;
(ii) permittee name and contact information;
(iii) owner name, title, and contact information;
(iv) information about the physical location of project;
(v) description of SCMs used on the project; and
(vi) if applicable, description of any changes made to the project as permitted.
(b) when the applicant is a corporation or limited liability corporation (LLC):
(i) Documentation showing the corporation of LLC is an active corporation in good standing with the NC Secretary of State; and
(ii) Documentation from the NC Secretary of State or other official documentation, showing the titles and positions held by the person who signed the application pursuant to Rule .1040 of this Section.
(c) documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded;
(d) a signed, sealed, and dated letter from a licensed professional or other qualified person in accordance with Rule .1050 of this Section stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans;
(e) a copy of the current signed and notarized operation and maintenance agreement where required by the permit;
(f) a copy of the recorded deed restrictions and protective covenants, where required by permit; and
(g) if the project is out of compliance with permit conditions, a written schedule of actions to bring the project into compliance.
(4) DIVISION REVIEW OF APPLICATIONS. The Division shall follow these procedures in reviewing and approving applications for permit transfers and renewals.
(a) The Division shall take one of the following actions upon receipt of the application:
(i) notify the applicant that the application is incomplete, and specify the additional information required as set forth in Items (2) or (3) of this Rule for the Division to determine whether the project complies with this Section. The Division shall provide a list of the additional information required. The applicant shall have 30 days from the date the letter was sent to submit the additional information to the Division;
(ii) return the application if the required information listed in Items (2) or (3) of this Rule is not provided or if information the Division has requested per Sub-item (4)(a)(i) is not provided. In this case, the application shall be deemed denied, and the applicant shall be required to resubmit a complete application with a new application fee; or
(iii) issue an updated permit in accordance with this Section if the application is complete and the project is in compliance with its permit conditions and approved plans.
(b) The applicant shall allow the Division safe access to the records, lands, and facilities of the applicant. The Division may conduct any inquiry or investigation it considers necessary before acting on an application and may require an applicant to submit plans, specifications, and other information the Division considers necessary to evaluate the application.
(c) If the Division fails to act within the response times set forth by G.S. 143-215.1, then the application shall be considered approved unless:
(i) the applicant agrees, in writing, to a longer period;
(ii) the project being transferred or renewed is out of compliance with the stormwater permit;
(iii) a public notice or public hearing is required by the Director;
(iv) the applicant fails to furnish information necessary for the Division's decision in accordance with this Rule; or
(v) the applicant refuses the staff access to its records or premises for the purpose of gathering information necessary for the Division's decision.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a);
Eff. January 1, 2017 (portions of this Rule previously codified in 15A NCAC 02H .1003).
15A NCAC 02H .1050 MDC FOR ALL STORMWATER CONTROL MEASURES
The purpose of this Rule is to set forth the design requirements for all Stormwater Control Measures (SCMs) that are constructed to meet the requirements of this Section. These Minimum Design Criteria (MDC) are required for every SCM. SCMs shall adhere to the MDC associated with the specific type of SCM being implemented.
(1) SIZING. The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Drainage from off-site areas may be bypassed. The combined design volume of all SCMs on the project shall be sufficient to handle the required storm depth.
(2) CONTAMINATED SOILS. SCMs that allow stormwater to infiltrate shall not be located on or in areas with contaminated soils.
(3) SIDE SLOPES. Side slopes of SCMs stabilized with vegetated cover shall be no steeper than 3:1 (horizontal to vertical). Retaining walls, gabion walls, and other engineered surfaces may be steeper than 3:1. Steeper vegetated slopes may be accepted on a case-by-case basis if the applicant demonstrates that the soils and vegetation shall remain stable.
(4) EROSION PROTECTION. The inlets of SCMs shall be designed to protect the SCM from erosion resulting from stormwater discharges. The outlets of SCMs shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering calculations.
(5) EXCESS FLOWS. SCMs shall include an overflow or bypass device for inflow volumes in excess of the treatment volume, or, if applicable, the peak attenuation volume.
(6) DEWATERING. SCMs shall have a method to draw down any standing water to facilitate maintenance and inspection.
(7) CLEAN OUT AFTER CONSTRUCTION. Every SCM impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state.
(8) MAINTENANCE ACCESS. Every SCM installed pursuant to this Section shall be made accessible for maintenance and repair. Maintenance accesses shall:
(a) have a minimum width of ten feet;
(b) not include lateral or incline slopes that exceed 3:1 (horizontal to vertical); and
(c) extend to the nearest public right-of-way.
(9) EASEMENTS. All SCMs and associated maintenance accesses on privately owned land except for those located on single family residential lots shall be located in permanent recorded easements. The SCM shall be shown and labeled within the easement. These easements shall be granted in favor of the party responsible for enforcing the stormwater program under which the SCMs were approved.
(10) SINGLE FAMILY RESIDENTIAL LOTS. Plats for residential lots that contain an SCM shall include:
(a) the specific location of the SCM on the lot;
(b) a typical detail for SCM to be used; and
(c) a note that the SCM on the property has been required to meet stormwater regulations and that the property owner may be subject to enforcement procedures as set forth in G.S. 143, Article 21 if the SCM is removed, relocated, or altered without prior approval.
(11) OPERATION AND MAINTENANCE AGREEMENT. The owner of the SCMs shall enter into a Operation and Maintenance (O&M) Agreement with the party responsible for implementing the stormwater program under which the SCMs were approved. The O&M Agreement shall require the owner to maintain, repair, or reconstruct the SCMs in accordance with the approved design plans and the O&M Plan. The O&M Agreement shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the O&M Agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers.
(12) OPERATION AND MAINTENANCE PLAN. There shall be an O&M Plan for every project subject to this Rule. The O&M Plan shall specify all operation and maintenance work necessary for the function of all SCM components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point. The O&M plan shall specify methods to be used to maintain or restore the SCMs to design specifications in the event of failure. O&M plans shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon request by the party responsible for enforcing the stormwater program under which the SCMs were approved.
(13) SCM SPECIFIC MINIMUM DESIGN CRITERIA (MDC). Every SCM shall follow the applicable device specific MDC pursuant to Rules .1051 through .1062 of this Section.
(14) SCM DESIGNER QUALIFICATIONS FOR THE FAST-TRACK PERMITTING PROCESS. For the fast-track permitting process as set forth in Rules .1043 and .1044 of this Section, SCMs and components of SCMs shall be designed by persons licensed under Chapters 89A, 89C, 89E, or 89F of the General Statutes.
(15) NEW STORMWATER TECHNOLOGIES. Applicants shall have the option to request Division approval of new stormwater technologies and associated MDC. The applicant shall submit to the Division the standards for siting, site preparation, design, construction, and maintenance of the stormwater technology as well as research studies demonstrating that the stormwater technology functions in perpetuity and is equally or more protective of water quality than the requirements of this Section. In accordance with G.S. 143-215.1 and 143-215.3, the Commission may delegate the review and approval of new stormwater technologies to Division staff and the Commission or its designee may request additional information deemed necessary to evaluate the stormwater technology. If the Commission or its designee deems that the applicant has demonstrated that the new stormwater technology shall be the same or more protective than the requirements of this Section, then the Division shall approve the use of the new stormwater technology to satisfy the requirements of this Section.
(16) NO EXCEPTIONS TO UNAUTHORIZED PROFESSIONAL PRACTICE. This Rule creates no exceptions to the unauthorized practice of the professions described in Chapters 89A, 89C, 89E, or 89F of the General Statutes, or the rules, standards, or codes of professional conduct promulgated by the applicable professional licensing boards.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1051 MDC FOR INFILTRATION SYSTEMS
The purpose of this Rule is to set forth the design requirements for infiltration systems that are constructed to meet the requirements of this Section.
(1) SOIL INVESTIGATION. A site-specific soil investigation shall be performed to establish the hydraulic properties and characteristics of the soil within the proposed footprint and at the proposed elevation of the infiltration system.
(2) SEPARATION FROM THE SHWT. The lowest point of the infiltration system shall be a minimum of two feet above the SHWT. However, the separation may be reduced to no less than one foot if the applicant provides a hydrogeologic evaluation that demonstrates that the water table will subside to its pre-storm elevation within five days or less.
(3) SOIL SUBGRADE SURFACE. The surface of the soil subgrade shall have a slope of less than or equal to two percent. Terraces and baffles may be installed to achieve a level subgrade.
(4) PRETREATMENT. Pretreatment devices shall be provided to prevent clogging. Pretreatment devices may include measures such as sumps in catch basins, gravel verges, screens on roof and patio drains, filters, filter strips, grassed swales, and forebays. Rooftop runoff that is discharged to the surface of an infiltration system shall not require pretreatment.
(5) DRAW DOWN TIME. Infiltration systems shall be designed to dewater the design volume to the bottom of the infiltration device within 72 hours or less. In-situ soils may be removed and replaced with infiltration media or infiltration media may be placed on top of in-situ soils if the applicant provides a soils report that demonstrates that the modified soil profile allows for infiltration of the design volume within 72 hours or less.
(6) OBSERVATION PORT. For infiltration devices located under the ground surface, a minimum of one inspection port shall be provided.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1052 MDC FOR BIORETENTION CELLS
The purpose of this Rule is to set forth the design requirements for bioretention cells that are constructed to meet the requirements of this Section.
(1) SEPARATION FROM THE SHWT. The lowest point of the bioretention cell shall be a minimum of two feet above the SHWT. However, the separation may be reduced to no less than one foot if the applicant provides a hydrogeologic evaluation.
(2) MAXIMUM PONDING DEPTH FOR DESIGN VOLUME. The maximum ponding depth for the design volume shall be 12 inches above the planting surface.
(3) PEAK ATTENUATION VOLUME. Bioretention cells may store peak attenuation volume at a depth of up to 24 inches above the planting surface. The peak attenuation outlet shall be a maximum of 18 inches above the planting surface.
(4) UNDERDRAIN. An underdrain with internal water storage shall be installed unless a soils report is provided showing that the in-situ soil infiltration rate is two inches per hour or greater prior to the initial placement of the media. The top of the internal water storage zone shall be set at a minimum of 18 inches below the planting surface.
(5) MEDIA DEPTH. The minimum depth of the media depends on the design of the cell as follows:
(a) all cells with trees and shrubs: 36 inches;
(b) cells without trees and shrubs:
(i) with no internal water storage: 24 inches; or
(iii) with internal water storage: 30 inches.
(6) MEDIA MIX. The media shall be a homogeneous engineered media blend with approximate volumes of:
(a) 75 to 85 percent medium to coarse washed sand (ASTM C33, AASHTO M 6/M 80, ASTM C330, AASHTO M195, or the equivalent);
(b) 8 to 10 percent fines (silt and clay); and
(c) 5 to 10 percent organic matter (such as pine bark fines).
(7) MEDIA P-INDEX. The phosphorus index (P-index) for the media shall not exceed 30 in Nutrient Sensitive Waters (NSW) as defined in 15A NCAC 02B .0202 and shall not exceed 50 elsewhere.
(8) NO MECHANICAL COMPACTION. The media shall not be mechanically compacted. It is recommended to either water it or walk on it as it is placed.
(9) MAINTENANCE OF MEDIA. The bioretention cell shall be maintained in a manner that results in a drawdown of at least one inch per hour at the planting surface.
(10) PLANTING PLAN. For bioretention cells with vegetation other than sod, the planting plan shall be designed to achieve a minimum of 75 percent plant coverage at five years after planting. The maximum coverage with tree or shrub canopy shall be 50 percent at five years after planting. If sod is used, then it shall be a non-clumping, deep-rooted species.
(11) MULCH. For bioretention cells with vegetation other than sod, triple shredded hardwood mulch shall be used for the portion of the cell that will be inundated. Mulch shall be uniformly placed two to four inches deep.
(12) CLEAN-OUT PIPES. A minimum of one clean-out pipe shall be provided on each underdrain line. Clean out pipes shall be capped.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1053 MDC FOR WET PONDS
The purpose of this Rule is to set forth the design requirements for wet ponds that are constructed to meet the requirements of this Section.
(1) MAIN POOL SURFACE AREA AND VOLUME. The main pool of the wet pond shall be sized using either:
(a) the Hydraulic Retention Time (HRT) Method; or
(b) the SA/DA and Average Depth Method.
(2) MAIN POOL DEPTH. The average depth of the main pool shall be three to eight feet below the permanent pool elevation. The applicant shall have the option of excluding the submerged portion of the vegetated shelf from the calculation of average depth.
(3) SEDIMENT STORAGE. The forebay and main pool shall have a minimum sediment storage depth of six inches.
(4) LOCATION OF INLET(S) AND OUTLET. The inlet(s) and outlet shall be located in a manner that avoids short circuiting.
(5) FOREBAY. A forebay that meets the following specifications shall be included;
(a) Forebay volume shall be 15 to 20 percent of the volume in the main pool;
(b) The forebay entrance shall be deeper than the forebay exit;
(c) The water flowing over or through the structure that separates the forebay from the main pool shall flow at a nonerosive velocity; and
(d) If sediment accumulates in the forebay in a manner that reduces its depth to less than 75 percent of its design depth, then the forebay shall be cleaned out and returned to its design state.
(6) VEGETATED SHELF. The main pool shall be equipped with a vegetative shelf around its perimeter. The minimum width of the vegetated shelf shall be six feet and the slope shall be no steeper than 6:1 (horizontal to vertical).
(7) DRAWDOWN TIME. The design volume shall draw down to the permanent pool level between two and five days.
(8) PROTECTION OF THE RECEIVING STREAM. The wet pond shall discharge the runoff from the one-year, 24-hour storm in a manner that minimizes hydrologic impacts to the receiving channel.
(9) FOUNTAINS. If fountains are proposed, then documentation shall be provided that they will not cause a resuspension of sediment within the pond, or cause erosion on the side slopes of the pond.
(10) TRASH RACK. A trash rack or other device shall be provided to prevent large debris from entering the outlet system.
(11) VEGETATION. The following criteria apply to vegetation in and around the wet pond:
(a) The dam structure, including front and back embankment slopes, of the pond shall be vegetated with non-clumping turf grass; trees and woody shrubs shall not be allowed; and
(b) The vegetated shelf shall be planted with a minimum of three diverse species of herbaceous, native vegetation at a minimum density of 50 plants per 200 square feet of shelf area.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1054 MDC FOR STORMWATER WETLANDS
The purpose of this Rule is to set forth the design requirements for stormwater wetlands that are constructed to meet the requirements of this Section.
(1) TEMPORARY PONDING DEPTH. The ponding depth for the design volume shall be a maximum of 15 inches above the permanent pool.
(2) PEAK ATTENUATION DEPTH. The wetland may be designed to temporarily pond peak attenuation volume at a depth exceeding 15 inches.
(3) SURFACE AREA. The surface area shall be sufficient to limit the ponding depth to 15 inches or less. The surface area specifications in Items (6) through (9) of this Rule are based on the wetland at its temporary ponding depth.
(4) SOIL AMENDMENTS. The pH, compaction, and other attributes of the first 12-inch depth of the soil shall be adjusted if necessary to promote plant establishment and growth.
(5) LOCATION OF INLET(S) AND OUTLET. The inlet(s) and outlet shall be located in a manner that avoids short circuiting.
(6) FOREBAY. A forebay shall be provided at the inlet to the stormwater wetland. The forebay shall comprise 10 to 15 percent of the wetland surface area. The forebay depth shall be 24 to 40 inches below the permanent pool elevation. The forebay entrance shall be deeper than the forebay exit. If sediment accumulates in the forebay in a manner that reduces its depth to 15 inches, then the forebay shall be cleaned out and returned to its design state.
(7) NON-FOREBAY DEEP POOLS. Deep pools shall be provided throughout the wetland and adjacent to the outlet structure to prevent clogging. The non-forebay deep pools shall comprise 5 to 15 percent of the wetland surface area and shall be designed to retain water between storm events. The deep pools at their deepest points shall be at least 18 inches below the permanent pool elevation.
(8) SHALLOW WATER ZONE. The shallow water zone shall comprise 35 to 45 percent of the wetland surface area. The shallow water zone shall be zero to nine inches below the permanent pool elevation.
(9) TEMPORARY INUNDATION ZONE. The temporary inundation zone shall comprise 30 to 45 percent of the wetland surface area. The temporary inundation zone shall be between 0 and 15 inches above the permanent pool elevation.
(10) DRAWDOWN TIME. The design volume shall draw down to the permanent pool level between two and five days.
(11) PROTECTION OF THE RECEIVING STREAM. The wetland shall discharge the runoff from the one-year, 24-hour storm in a manner that minimizes hydrologic impacts to the receiving channel.
(12) LANDSCAPING PLAN. A landscape plan shall be provided and shall include the following:
(a) delineation of planting zones;
(b) plant layout with species names and locations; and
(c) total number and sizes of all plant species.
(13) SHALLOW WATER PLANTINGS. The shallow water zone shall be planted with a minimum of three diverse species of herbaceous, native vegetation at a minimum density of 50 plants per 200 square feet (equivalent to 2 foot on center spacing).
(14) TEMPORARY INUNDATION ZONE PLANTINGS. The temporary inundation zone shall be planted according to one of the following options:
(a) a minimum of three diverse species of herbaceous, native vegetation at a minimum density of 50 plants per 200 square feet (equivalent to 2 foot on center spacing);
(b) a minimum of eight shrubs per 200 square feet (equivalent to 5 foot on center spacing); or
(c) a minimum of one tree and a minimum of 40 grass-like herbaceous plants per 100 square feet.
(15) DAM STRUCTURE AND PERIMETER FILL SLOPES. On the dam structure and perimeter fill slopes, non-clumping turf grass shall be provided; trees and woody shrubs shall not be allowed.
(16) NO CATTAILS. Cattails shall not be planted in the wetland.
(17) TRASH RACK. A trash rack or other device to trap debris shall be provided on piped outlet structures.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1055 MDC FOR PERMEABLE PAVEMENT
The purpose of this Rule is to set forth the design requirements for permeable pavement systems that are constructed to meet the requirements of this Section.
(1) SOIL INVESTIGATION. For infiltrating pavement systems, site-specific soil investigation shall be performed to establish the hydraulic properties and characteristics within the proposed footprint and at the proposed elevation of the permeable pavement system.
(2) SHWT REQUIREMENTS. The minimum separation between the lowest point of the subgrade surface and the SHWT shall be:
(a) two feet for infiltrating pavement systems; however, the separation may be reduced to a minimum of one foot if the applicant provides a soils report that demonstrates that the modified soil profile allows for infiltration of the design volume within 72 hours; and
(b) one foot for detention pavement systems.
(3) SITING. Permeable pavement shall not be installed in areas where toxic pollutants are stored or handled.
(4) SOIL SUBGRADE SLOPE. The soil subgrade surface shall have a slope of less than or equal to two percent.
(5) STONE BASE. Washed aggregate base materials shall be used.
(6) PAVEMENT SURFACE. The proposed pavement surface shall have a demonstrated infiltration rate of at least 50 inches per hour using a head less than or equal to 4 inches.
(7) RUNOFF FROM ADJACENT AREAS. Runoff to the permeable pavement from adjacent areas shall meet these requirements:
(a) The maximum ratio of additional built-upon area that may drain to permeable pavement is 1:1. Screened rooftop runoff shall not be subject to the 1:1 loading limitation.
(b) Runoff from adjacent pervious areas shall be prevented from reaching the permeable pavement except for incidental, unavoidable runoff from stable vegetated areas.
(8) DRAW DOWN TIME. Infiltrating permeable pavement systems shall be designed to dewater the design volume to the bottom of the subgrade surface within 72 hours. In-situ soils may be removed and replaced with infiltration media or infiltration media may be placed on top of in-situ soils if the applicant provides a soils report that demonstrates that the modified soil profile allows for infiltration of the design volume within 72 hours.
(9) OBSERVATION WELL. Permeable pavement shall be equipped with a minimum of one observation well placed at the low point in the system. If the subgrade is terraced, then there shall be one observation well for each terrace. Observation wells shall be capped.
(10) DETENTION SYSTEMS. Pavement systems may be designed to detain stormwater in the aggregate for a period of two to five days.
(11) EDGE RESTRAINTS. Edge restraints shall be provided around the perimeter of permeable interlocking concrete pavers (PICP) and concrete grid pavers.
(12) GRADE WHEN DRY. The soil subgrade for infiltrating permeable pavement shall be graded when there is no precipitation.
(13) INSPECTIONS AND CERTIFICATION. After installation, permeable pavement shall be protected from sediment deposition until the site is completed and stabilized. An in-situ infiltration permeability test shall be conducted and certified on the pavement after site stabilization.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1056 MDC FOR SAND FILTERS
The purpose of this Rule is to set forth the design requirements sand filters that are constructed to meet the requirements of a State post-construction stormwater program.
(1) SHWT SEPARATION. The minimum separation between the lowest point of the sand filter system and the SHWT shall be:
(a) two feet for open-bottom designs; and
(b) one foot for closed bottom designs. Exceptions to the one foot SHWT separation may be made if the applicant provides documentation that the design will neither float nor drain the water table.
(2) TWO CHAMBER SYSTEM. The sand filter shall include a sediment chamber and a sand chamber. Storage volume in each chamber shall be equivalent.
(3) SEDIMENT/SAND CHAMBER SIZING. The volume of water that can be stored in the sediment chamber and the sand chamber above the sand surface combined shall be 0.75 times the treatment volume. The elevation of bypass devices shall be set above the ponding depth associated with this volume. The bypass device may be designed to attenuate peak flows.
(4) MAXIMUM PONDING DEPTH. The maximum ponding depth from the top of the sand to the bypass device shall be six feet.
(5) FLOW DISTRIBUTION. Incoming stormwater shall be evenly distributed over the surface of the sand chamber.
(6) SAND MEDIA SPECIFICATION. Sand media shall meet ASTM C33 or the equivalent.
(7) MEDIA DEPTH. The filter bed shall have a minimum depth of 18 inches. The minimum depth of sand above the underdrain pipe shall be 12 inches.
(8) MAINTENANCE OF MEDIA. The sand filter shall be maintained in a manner that results in a drawdown of at least two inches per hour at the sand surface.
(9) CLEAN-OUT PIPES. At least one clean-out pipe shall be provided at the low point of each underdrain line. Clean out pipes shall be capped.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1057 MDC FOR RAINWATER HARVESTING
The purpose of this Rule is to set forth the design requirements for rainwater harvesting systems that are constructed to meet the requirements of this Section.
(1) MAJOR COMPONENTS OF A RAINWATER HARVESTING SYSTEM. Rainwater harvesting systems shall include the following components:
(a) a collection system;
(b) a pre-treatment device to minimize gross and coarse solids collection in the tank;
(c) a cistern or other storage device;
(d) an overflow; and
(e) a distribution system.
(2) FATE OF CAPTURED WATER. Captured stormwater shall be used or discharged as follows:
(a) use to meet a water demand. The usage, type, volume, frequency, and seasonality of water demand shall be established and justified;
(b) discharge through a passive drawdown device to a vegetated infiltration area or another SCM; or
(c) a combination of use and passive discharge.
(3) SIZING. A rainwater harvesting system shall be considered as a primary SCM if the system is sized and water demand, passive discharge, or a combination of the two is provided for 85 percent of the total annual runoff volume as demonstrated through water balance calculations.
(4) WATER BALANCE CALCULATIONS. The water balance shall be calculated using the NCSU Rainwater Harvester model, which is herein incorporated by reference, including subsequent amendments and editions, and may be accessed at no cost at , or another continuous-simulation hydrologic model that calculates the water balance on a daily or more frequent time-step using a minimum of five representative years of actual rainfall records. The model shall account for withdrawals from the cistern for use, active or passive drawdown, and additions to the cistern by rainfall, runoff, and a make-up water source if applicable.
(5) DISTRIBUTION SYSTEM. The distribution system shall be tested for functionality prior to the completion of the rainwater harvesting system. The design shall include a protocol for testing the functionality of the distribution system upon completion of the initial system and upon additions to the existing system.
(6) SIGNAGE REQUIREMENTS. All harvested rainwater outlets such as spigots and hose bibs, and appurtenances shall be labeled as "Non-Potable Water" to warn the public and others that the water is not intended for drinking. Passive drawdown devices, when employed, shall be marked with identifying signage or labels that are visible to owners and maintenance personnel.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1058 MDC FOR GREEN ROOFS
The purpose of this Rule is to set forth the design requirements for green roofs that are constructed to meet the requirements of this Section.
(1) MEDIA SPECIFICATION. The maximum organic fraction of the media shall be 10 percent by volume.
(2) DESIGN VOLUME. The design volume for a green roof shall equal the media depth times the plant available water (PAW). The maximum rainfall depth that may be treated by a green roof shall be 1.5 inches.
(3) MINIMUM MEDIA DEPTH. The minimum media depth shall be four inches if the roof will not be irrigated or three inches if the roof will be irrigated. For roofs with three-inch media depths, an irrigation plan shall be included in the Operation and Maintenance Plan.
(4) VEGETATION SPECIFICATION. The planting plan shall be designed to achieve a 75 percent vegetative cover within two years.
(5) SLOPE. The green roof shall have a slope (or pitch) of no greater than eight percent.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 2H .1059 MDC FOR LEVEL SPREADER-FILTER STRIPS
The purpose of this Rule is to set forth the design requirements for level spreader-filter strips that are constructed to meet the requirements of this Section.
(1) LEVEL SPREADER LENGTH. The level spreader shall be a minimum of 10 feet in length per one cubic foot per second of stormwater flow that is directed to it.
(2) REQUIRED STORM INTENSITY AND BYPASS. The required storm intensity and bypass system shall be based on the source of the stormwater:
(a) a level spreader that receives flow directly from the drainage area shall be sized based on the flow rate during the 0.75 inch per hour storm, with a flow bypass system for larger storm events; or
(b) a level spreader that receives flow from an SCM shall be sized based on the draw down rate of the design volume, with a flow bypass for larger storm events.
(3) EXCEPTION FROM FLOW BYPASS REQUIREMENT. A flow bypass system shall not be needed if the level spreader is sized to handle the flow during 10-year storm event.
(4) BLIND SWALE. Upslope of the level spreader, there shall be a blind swale or other method of ponding water. The blind swale shall be designed to provide for uniform overtopping of the level spreader.
(5) LEVEL SPREADER SPECIFICATIONS. The lip of the level spreader shall be at a uniform elevation with a construction tolerance of plus or minus 0.25 inch at any point along its length. The level spreader shall be constructed of concrete or other stable material.
(6) LEVEL SPREADER SHAPE. The level spreader shall be straight or convex in plan view.
(7) TRANSITION ZONE. Downslope of the level spreader, there shall be a one to three inch drop followed by a transition zone that shall be protected from erosion by aggregate or high performance turf reinforcement matting. The transition zone shall be a minimum of 12 inches wide.
(8) MINIMUM WIDTH OF THE FILTER STRIP. The minimum width of the filter strip shall be 30 feet, measured perpendicular to the level spreader lip.
(9) NO DRAWS OR CHANNELS IN THE FILTER STRIP. The filter strip shall not contain draws or channels.
(10) FILTER STRIP SPECIFICATIONS. The following specifications shall apply to the filter strip:
(a) filter strips shall be graded with a uniform transverse slope of eight percent or less;
(b) the pH, compaction, and other attributes of the first 12 inches of the soil shall be adjusted if necessary to promote plant establishment and growth;
(c) the filter strip and side slopes shall be planted with non-clumping, deep-rooted grass sod; and
(d) soils shall be stabilized with temporary means such as straw or matting until the permanent vegetative cover has taken root or the runoff shall be directed elsewhere until vegetation has established.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1060 MDC FOR DISCONNECTED IMPERVIOUS SURFACES
The purpose of this Rule is to set forth the design requirements for disconnected impervious surfaces that are constructed to meet the requirements of this Section.
(1) VEGETATED RECEIVING AREA FOR DISCONNECTED ROOFS. The following requirements shall apply to vegetated receiving areas for disconnected roofs:
(a) a maximum of 500 square feet of roof shall drain to each disconnected downspout;
(b) the receiving vegetated area shall be a rectangular shape. The length of the rectangle in the direction of flow shall be a minimum of 0.04 times the area of the roof that drains to it. The width of the rectangle shall be one-half the length of the rectangle.
(c) the downspout shall discharge in the center of upslope end of the vegetated receiving area;
(d) the downspout shall be equipped with a splash pad; and
(e) the vegetated receiving area shall not include any built-upon area.
(2) VEGETATED RECEVING AREA FOR DISCONNECTED PAVEMENT. The following requirements shall apply to the vegetated receiving area for disconnected pavement:
(a) the pavement draining to the vegetated receiving area shall be a maximum of 100 feet in length in the direction of flow;
(b) the vegetated receiving area shall be a minimum of 10 feet in length in the direction of flow; and
(c) the vegetated receiving area shall not contain any built-upon area except for incidental areas such as utility boxes, signs, and lamp posts.
(3) VEGETATED RECEIVING AREA SPECIFICATIONS. The following specifications shall apply to the vegetated receiving areas for both disconnected roofs and disconnected pavement:
(a) vegetated receiving areas shall have a uniform transverse slope of 8 percent or less, except in Hydrologic Soil Group A soils where slope shall be 15 percent or less;
(b) The pH, compaction, and other attributes of the first eight inches of the soil shall be adjusted if necessary to promote plant establishment and growth;
(c) the vegetated receiving area shall be planted with a non-clumping, deep-rooted grass species; and
(d) soils shall be stabilized with temporary means such as straw or matting until the permanent vegetative cover has taken root or the runoff shall be directed elsewhere until vegetation has established.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1061 MDC FOR TREATMENT SWALES
The purpose of this Rule is to set forth the design requirements for treatment swales that are constructed to meet the requirements of this Section. Vegetated conveyances that are designed to convey stormwater from a project but are not intended to remove pollutants shall not be subject to this Rule, but instead shall meet the requirements of Rule .1003(2)(c) of this Section.
(1) SHWT. Swales shall not be excavated below the SHWT.
(2) SHAPE. Swales shall be trapezoidal in cross-section with a maximum bottom width of six feet. Side slopes stabilized with vegetative cover shall be no steeper than 3:1 (horizontal to vertical). Steeper vegetated slopes may be accepted on a case-by-case basis provided that the applicant demonstrates that the soils and vegetation will remain stable in perpetuity based on engineering calculations.
(3) SWALE SLOPE AND LENGTH. The longitudinal swale slope shall not exceed seven percent. The swale slope and length shall be designed to achieve a flow depth of six inches or less during the 0.75 inch per hour storm and a minimum hydraulic retention time of four minutes.
(4) GRASS SPECIFICATION. The grass species in the swale shall be:
(a) non-clumping and deep-rooted;
(b) able to withstand a velocity of four feet per second;
(c) managed at an average of six inches; and
(d) not be cut lower than four inches.
(5) CONVEYANCE OF LARGER STORMS. Swales shall be designed to non-erosively pass the ten-year storm.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
15A NCAC 02H .1062 MDC FOR DRY PONDS
The purpose of this Rule is to set forth the design requirements for dry ponds that are constructed to meet the requirements of this Section.
(1) SEPARATION FROM THE SHWT. The lowest point of the dry pond shall be a minimum of six inches above the SHWT.
(2) TEMPORARY POOL DEPTH. The maximum depth of the temporary pool shall be 10 feet.
(3) UNIFORM GRADING AND POSITIVE DRAINAGE. The bottom of the dry pond shall be graded uniformly to flow toward the outlet structure without low or high spots other than an optional low flow channel.
(4) LOCATION OF INLET(S) AND OUTLET. The inlet(s) and outlet shall be located in a manner that avoids short circuiting.
(5) PRETREATMENT. Pretreatment devices shall be provided to settle sediment and prevent erosion. Pretreatment devices may include measures such as gravel verges, filter strips, grassed swales, and forebays.
(6) DRAWDOWN TIME. The design volume shall draw down between two and five days.
(7) PROTECTION OF THE RECEIVING STREAM. The dry pond shall discharge the runoff from the one-year, 24-hour storm in a manner that minimizes hydrologic impacts to the receiving channel.
(8) OUTLET. The dry pond shall include a small permanent pool near the outlet orifice to reduce clogging and keep floating debris away from the orifice. A screen or other device shall be provided to prevent large debris from entering the outlet system.
(9) VEGETATION. The dam structure, including the front and back embankment slopes, shall be planted with non-clumping turf grass, and trees and woody shrubs shall not be allowed.
History Note: Authority G.S. 143-214.7B; 143-215.1; 143-215.3(a);
Eff. January 1, 2017.
SECTION .1100 - BIOLOGICAL LABORATORY CERTIFICATION
15A NCAC 02H .1101 PURPOSE
These Rules set forth the requirements for certification of commercial, industrial, and public laboratories to perform biological toxicity testing and aquatic population surveys of water and wastewater as required by G.S. 143-215.3(a) and 15A NCAC 02B .0200 and .0500. These Rules establish an EPA-designated program for the State to implement the Clean Water Act, as set forth in 33 U.S.C. 1318 and 1319.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215(c); 143-215.66;
Eff. October 1, 1988;
Amended Eff. March 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1102 SCOPE
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Repealed Eff. July 1, 2019.
15A NCAC 02H .1103 DEFINITIONS
The following terms as used in this Section shall have the assigned meaning:
(1) "Approved Procedure" means an analytical procedure developed by the State Laboratory based upon 40 CFR 136.3 and subject to G.S. 143, Article 21, Part 1. A link to the approved procedures can be found at .
(2) "Aquatic population survey and analysis" means field sampling, laboratory identification, analysis, and metric derivation for determining biological integrity, as defined in 15A NCAC 02B .0202 for fish, aquatic macroinvertebrates, phytoplankton, and aquatic macrophytes using methods developed in accordance with 15A NCAC 02B .0103(b).
(3) "Certification" means a declaration by the Division that personnel, equipment, records, quality control procedures, and methodology cited by the applicant complies with the rules in this Section.
(4) "Commercial Laboratory" means any laboratory, including its employees and agents, that analyzes, for others, wastewater samples for toxicity measurements or for their impacts on the receiving waters.
(5) "Decertification" means the loss of certification.
(6) "Director" means the Director of the North Carolina Division of Water Resources.
(7) "Division" means the North Carolina Division of Water Resources.
(8) "Falsified data or information" means data or information that, whether by intent, or disregard for accuracy, has been altered, fabricated, recorded falsely or mischaracterized by omission or substitution.
(9) "Industrial Laboratory" means a laboratory, including its employees and agents, operated by an industrial facility to analyze samples from its wastewater treatment plants for toxicity measurements or impacts to receiving waters or to conduct aquatic population surveys and analysis.
(10) "Proficiency Testing sample" means a performance evaluation sample provided by the State Laboratory or a State Laboratory-approved vendor as defined in 15A NCAC 02H .0803(38), located at to a commercial, industrial, or public laboratory as an unknown toxicant for measurement of toxicity, as an unknown analyte for measurement by laboratory equipment or wet chemistry methods, or as an unknown set of preserved organisms for identification to specified levels of taxonomic classification.
(11) "Public Laboratory" means a laboratory, including its employees and agents, operated by a municipality, county, water and sewer authority, sanitary district, metropolitan sewerage district, or State or federal installation to analyze samples from its wastewater treatment plant(s) for toxicity measurements or resultant impacts to receiving waters.
(12) "Split samples" for surface water effluent discharge, surface water, or phytoplankton means two or more representative portions taken from a single sampling device. For aquatic macrophytes or macroinvertebrates, split sample means a single sample that is analyzed by both the State Laboratory and by the commercial, public, or industrial laboratory.
(13) "State laboratory" means the Water Sciences Section of the North Carolina Division of Water Resources.
(14) "Toxicant" means any specific chemical, compound, or mixture of chemicals or compounds regulated by an NPDES permit or defined as a toxic substance in 15A NCAC 02B .0202.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. April 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1104 FEES ASSOCIATED WITH CERTIFICATION PROGRAM
(a) Certification Fees:
(1) The first category, as set forth in Rule .1105 of this Section, shall be certified at a cost of five hundred dollars ($500.00) per year. Additional categories, shall be certified at a cost of four hundred dollars ($400.00) per year per category. The addition of parameters not included in the original certification shall be certified at a cost of one hundred dollars ($100.00) per year per parameter.
(2) Certification fees are due upon application and no later than 45 days prior to the requested certification date.
(b) Renewal Fees:
(1) The certified laboratory shall pay the State a four hundred dollar ($400.00) per year renewal fee for each category of certification or the minimum fee of five hundred dollars ($500.00) per year if only one category is certified. Renewal certification fees are due by November 1 annually.
(2) Out-of-state laboratories shall reimburse the State for actual travel and subsistence costs incurred in certification, recertification, and maintenance of certification.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1105 CERTIFICATION
(a) Commercial, public, and industrial laboratories shall obtain certification from the Division for biological parameters that are required to be reported pursuant to G.S. 143, Article 21, Part 1.
(b) For the purposes of certification and setting fees, parameters shall be grouped in the following categories:
(1) Acute Toxicity Testing/Invertebrate;
(2) Acute Toxicity Testing/Vertebrate;
(3) Chronic Toxicity Testing/Invertebrate;
(4) Chronic Toxicity Testing/Vertebrate;
(5) Algal and Aquatic Plant Toxicity Testing; and
(6) Aquatic Population Survey and Analysis.
(c) All certifications shall be in effect for one year and may be renewed for additional one-year periods as set forth in Rule .1104 of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(1)(10); 143-215.66;
Eff. October 1, 1988;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1106 DECERTIFICATION
(a) The Director or the Director's designee may revoke the entire laboratory certification for:
(1) failing to maintain the facilities, records, personnel, equipment, or a quality assurance program as required by these Rules;
(2) submitting inaccurate or falsified data reports or other information; or
(3) failing to pay required fees by the date due.
(b) A laboratory certification may be revoked for a category for failure to:
(1) obtain acceptable results on two consecutive proficiency testing samples. Acceptable results on proficiency testing samples are those that fall within the specified acceptable range as indicated by the State Laboratory or State Laboratory-approved vendor. The State Laboratory may apply specific variance or statistical limits or performance criteria on performance evaluation samples or split samples for a particular testing procedure, including control population effects and taxonomic identification, as published in these Rules;
(2) obtain acceptable results as set out in Subparagraph (b)(1) of this Paragraph on two consecutive split samples that have also been analyzed by the Division;
(3) submit a split sample to the Division as requested;
(4) use approved procedures as defined in Rule .1103 of this Section;
(5) report equipment changes that would affect the laboratory's ability to perform a test category to the State Laboratory within 30 days of the change;
(6) report results of proficiency testing to the State Laboratory within the requirements that are set forth by the proficiency study;
(7) maintain records and perform quality controls as set forth by these Rules;
(8) maintain equipment required for any certified parameter;
(9) implement and maintain quality control programs approved in conjunction with certification; or
(10) maintain a qualified staff, as specified in Rule .1110(f)(1) and (2) of this Section.
(c) Requirements for Laboratories following Decertification:
(1) A laboratory shall not analyze samples for parameters in decertified categories for programs governed by rules of this Section.
(2) A decertified commercial laboratory shall notify any clients affected by the laboratory's decertification and supply the State Laboratory with a list of those clients affected and a written certification that those clients have been notified. If the decertified laboratory arranges for a certified laboratory to perform analyses during the period of decertification, the decertified laboratory shall supply the Division with the name of the replacement laboratory and the clients involved. The name of the certified laboratory that performs analyses shall appear on all data submitted to the Division.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. March 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1107 RECERTIFICATION
(a) A laboratory decertified for any reason other than the submittal of falsified data reports or other information shall be recertified after 30 days upon demonstrating to the State Laboratory that all deficiencies have been corrected.
(b) In the case of a laboratory decertified for submitting falsified data reports or other information, recertification shall not occur prior to 12 months after the decertification and then only at such time as the laboratory has demonstrated to the Director, or their delegate, that the standards for initial certification have been met.
(c) If a laboratory that was decertified due to either failure of proficiency testing samples or split samples seeks recertification, the laboratory shall submit a written request to the State Laboratory requesting evaluations for the category pursuant to Rule .1106(b) of this Section for which the laboratory was decertified. Two consecutive samples shall have acceptable results as set forth in Rule .1106 of this Section to achieve recertification. The first of these samples for recertification shall be submitted or arranged by the Division no later than 30 days after receipt of the written request. The second shall be submitted or arranged no later than 30 days after the first.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. March 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1108 RECIPROCITY
(a) Laboratories certified by other states or federal programs shall be given reciprocal certification if the programs meet the requirements of these Rules. In requesting certification through reciprocity, laboratories shall include with the application a copy of their certification and the rules of the original certifying agency.
(b) Laboratories certified pursuant to this Rule shall pay all applicable fees set forth in Rule .1104 of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. March 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1109 ADMINISTRATION
(a) Appeals. If the Director or the Director's delegate denies certification, or decertifies a laboratory, the laboratory may appeal pursuant to G.S. 150B, Article 3.
(b) The State Laboratory shall maintain a current list of certified commercial, industrial, or public laboratories.
History Note: Authority G.S. 143-215.3(a)(1); 143-215(a)(4); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. March 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1110 IMPLEMENTATION
(a) Each laboratory requesting State certification, certification renewal, or recertification shall apply to the Division. Each application shall be reviewed to determine if personnel, equipment, records, quality control procedures, and methodology meet the requirements pursuant to 40 CFR 136.3 and these Rules. After receiving a completed application and prior to issuing certification, a representative of the Division shall inspect each laboratory to verify the information in the application and if the laboratory meets requirements pursuant to these Rules.
(b) Analytical methods, sample preservation, sample containers, and sample holding times shall conform to the methodologies specified in:
(1) 40 CFR Part 136, hereby incorporated by reference and including subsequent amendments and editions. Copies of the Code of Federal Regulations, 40 CFR Part 136, may be obtained from the Superintendent of Documents, U.S. Government Printing Office (GPO), Superintendent of Public Documents, Washington, D.C. 20402 and free of charge on the Internet at ; and
(2) Rule .1111 of this Section.
(c) Pursuant to G.S. 143B-282, the Environmental Management Commission or designated delegate, shall approve the State Laboratory to develop Approved Procedures for Biological Procedures based upon the methods contained in 40 CFR Part 136 and Rule .1111 of this Section. Approved Procedures for Biological Procedures document shall be available for inspection at the State Laboratory, 4401 Reedy Creek Road, Raleigh, North Carolina, 27607 or may be obtained free of charge on the State Laboratory Certification website at .
(d) Pursuant to G.S. 143B-282, the Environmental Management Commission or designated delegate, may approve other analytical procedures, parameters, or parameter methods that have been demonstrated to produce verifiable and repeatable results.
(e) In order to maintain certification, each laboratory shall meet the requirements of this Section for proficiency testing samples submitted to the Division. Proficiency testing by certified laboratories shall be required no more than three times annually for each category certified.
(f) In order to receive and maintain certification, the following criteria shall be met:
(1) The supervisor of an aquatic toxicology or biological survey laboratory shall have a Bachelor's degree from an accredited college as defined in 34 CFR 602 or university in a biological science or related science curriculum and three years of cumulative laboratory experience in aquatic toxicity testing or aquatic population surveying, or a Master's degree in a biological or related science and one year of cumulative laboratory experience in aquatic toxicity testing or aquatic population surveying.
(2) All laboratory supervisors shall be subject to review by the Division. One person shall not serve as supervisor of more than two laboratories. The supervisor shall provide direct supervision and evaluation of all technical personnel and shall be responsible for the performance and reporting of all analyses. Upon absence, the supervisor shall arrange for a suitable substitute who meets the requirements of Subparagraph (f)(1) of this Rule and is capable of insuring the performance as set forth by these Rules of all laboratory procedures. Existing laboratory supervisors who do not meet the minimum requirements shall be accepted after review by the Division if they meet all other certification requirements and previous performance has met the requirements of these Rules.
(3) All applications and fees shall be due pursuant to Rule .1104 of this Section. Upon the Division establishing compliance with the requirements of this Section, certification shall be issued by the Director or Director's delegate within 45 days of receipt of the fees for certification.
(4) Each laboratory shall develop and maintain a document outlining quality control procedures for testing of all approved procedures in their certification and dissolved oxygen, temperature, conductivity, and pH. All aquatic toxicology laboratories shall also develop and maintain a document outlining quality control procedures for testing of total hardness and total residual chlorine. These documents shall be included with submittal of the application.
(5) Each laboratory certified for the category of Aquatic Population Survey and Analysis shall develop and maintain a document outlining quality control procedures for taxonomic identifications and life-stage determinations.
(6) Supporting records shall be maintained for five years as evidence that these practices have met the requirements of these Rules and are being carried out and shall be available to the State Laboratory upon request.
(7) The quality control program shall be approved in conjunction with certification by the Director or the Director's delegate.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Amended Eff. October 1, 1993;
Readopted Eff. July 1, 2019.
15A NCAC 02H .1111 biological laboratory certification and quality assurance
(a) Aquatic Toxicology Laboratories shall have the following laboratory resources:
(1) 200 square feet of laboratory space;
(2) 20 linear feet of laboratory bench space;
(3) one drained sink with hot and cold running water;
(4) control of culture environment including lighting, cooling, and heating to maintain organism as set forth in the approved procedures and these Rules;
(5) one refrigerator that will maintain sample temperatures between 0.0 degrees Celsius and 6.0 degrees Celsius;
(6) current copies of the approved procedures for which the laboratory is requesting certification;
(7) glassware, chemicals, supplies, and equipment to perform any procedures included in the requested certification;
(8) instrumentation capable of measuring dissolved oxygen, pH, temperature, conductivity, and salinity (for saltwater tests) directly from test vessels of any procedure included in certification application. Equivalent surrogate vessels may be utilized for physical measurements if injury to test organisms may result;
(9) instrumentation or analytical capabilities to perform measurements of total residual chlorine to a level at least as low as 0.1 mg/l and total hardness to a level at least as low as 1 mg/l;
(10) a dissecting microscope and a compound microscope for those laboratories requesting or maintaining either of the categories of Acute Toxicity Testing/Invertebrate or Chronic Toxicity Testing/Invertebrate. The compound microscope shall have a minimum magnification of 400x and a maximum magnification of greater than or equal to 1,000x;
(11) a balance capable of weighting 0.0001g and Class "S" or equivalent reference weights. A balance capable of weighing fish larvae to 0.00001g for those laboratories requesting or maintaining certification for the category Chronic Toxicity Testing/Vertebrate;
(12) Cladocerans shall be cultured in-house. All other organisms may be purchased from a supplier;
(13) dilution water for use in whole effluent toxicity testing with chemical characteristics such that the pH is between 6.5 S.U. and 8.5 S.U. and total hardness as calcium carbonate is between 30 ppm and 50 ppm for surface water and 80 ppm and 100 ppm for synthetic lab water. If receiving waters have characteristics outside of these stated pH and hardness ranges, then alternate pH and hardness ranges shall be accepted upon demonstration to the State Laboratory that the alternate ranges are better suited to testing objectives, and that quality assurance standards have been met; and
(14) chain-of-custody documentation.
(b) Aquatic Population Survey and Analysis Laboratories shall have the following laboratory resources:
(1) 150 square feet of laboratory space;
(2) eight linear feet of laboratory bench space;
(3) binocular dissecting microscopes and compound microscopes suitable for survey type;
(4) vials, preservatives, and space to maintain representative sample collections for at least one year after collection;
(5) current taxonomic guides and reference materials to support identification;
(6) chain-of-custody documentation forms, laboratory records, and seals;
(7) sampling equipment to support collection of appropriate biological organisms; and
(8) settling tubes and one inverted microscope with a minimum magnification of 300x for those laboratories requesting or maintaining certification for algae.
(c) All laboratories shall adhere to the following quality assurance requirements:
(1) instruments used in or associated with toxicity testing, including automatic sampling equipment, pH meter, dissolved oxygen meter, and conductivity meter, shall be calibrated each day before the instrument is used. Calibrations performed shall be recorded;
(2) a minimum of five valid reference toxicant tests shall be performed and entered on a control chart for each toxicity test organism and toxicity test type for which a lab is certified. A maximum of 20 data points shall be entered on a control chart;
(3) a reference toxicant test shall be performed:
(A) every two weeks for each organism used in acute whole effluent toxicity testing; or such that North Carolina National Pollutant Discharge Elimination System (NPDES) acute tests are performed within one week of an acute reference toxicant test for the organism in question. To maintain acute certification for an organism, acute reference toxicant tests shall be performed at least quarterly; and
(B) once per month for each organism used in chronic whole effluent toxicity testing; or such that North Carolina NPDES chronic tests are performed within two weeks of a chronic reference toxicant test for the organism in question. To maintain chronic certification for an organism, chronic reference toxicant tests shall be performed at least quarterly.
(4) a reference test shall be performed with each batch of organisms received from an outside supplier;
(5) the endpoint for chronic reference toxicant tests shall be the IC25 as determined by the linear interpolation method described in EPA-821-R-02-013 and EPA-821-R-02-014, herein incorporated by reference, including any subsequent amendments or editions. These methods are available free of charge at: ;
(6) acceptable alternative culture media utilized to culture the algae Selenastrum capricornutum for use as Ceriodaphnia food are as follows:
(A) the Marine Biology Laboratory (MBL) medium as described in the Handbook of Phycological Methods Handbook of Phycological Methods: Culture Methods and Growth Measurements. 1973. J. Stein, ed. University Press, Cambridge, MA, available at a cost of sixty eight dollars and eighty five cents ($68.85), herein incorporated by reference, including subsequent amendments and editions; and
(B) additional nutrients for the preparation of algae medium described in Section 13.6.15 of EPA-821-R-02-013 and Appendix A1, Section 3.10.3 of EPA-821-R-02-012. These methods are available free of charge at: , herein incorporated by reference, including any subsequent amendments and editions. The volume of nutrient stock solutions found in Table 1 on Page 147 of EPA-821-R-02-013 or Page 133 of EPA-821-R-02-012 may be adjusted so that solutions 1.A, 1.D, and 2 are added at a rate of 2 ml/l, and solutions 1.B and 1.C are added at a rate of 6 ml/l;
(7) a representative of each test organism cultured, including those obtained from an outside supplier, shall be taxonomically identified to the species level at least annually. Specimens shall be preserved and held for one additional year;
(8) when closed incubators are used for toxicity testing or test organism culturing purposes, culturing and testing activities shall not be contained within the same incubator;
(9) effluent samples collected for chronic Ceriodaphnia dubia tests shall be used within 36 hours of collection and not more than 72 hours after first use of the sample for test renewal. The beginning of this period is defined as the time of the collection of a grab sample or the time of collection of the last subsample of a composite sample to the time that the organisms are introduced to the test solution; and
(10) a record shall be maintained for all samples entering the laboratory that documents the sample identity and includes the following information:
(A) the sample number;
(B) the sample temperature at receipt;
(C) the time and date of sample collection and receipt;
(D) the name of person from whom the sample was received; and
(E) the name of person who received the sample.
(d) The following procedure modifications have been approved by the EPA and shall be followed by certified laboratories:
(1) acute and chronic toxicity tests shall be conducted at 25.0 degrees Celsius plus or minus 1.0 degree Celsius, except that chronic tests for Mysidopsis bahia shall be conducted at 26.0 degrees Celsius plus or minus 1.0 degree Celsius. Certified laboratories may request in writing variances from the State Laboratory for species which require alternate temperatures in accordance with EPA procedures;
(2) organisms used in acute toxicity tests shall have food made available for a minimum of two hours prior to initiation of testing;
(3) for cladoceran species, the feeding amount prior to the acute test shall be at least 0.05 ml of YCT and 0.05 ml of a solution of the algae Selenastrum capricornutum with a cell concentration of 1.71 X 107 cells/ ml per 15 ml of culture solution;
(4) for each sample used in a toxicity test, the following parameters shall be measured and recorded from an undiluted aliquot:
(A) pH;
(B) specific conductance;
(C) total residual chlorine;
(D) dissolved oxygen; and
(E) salinity (for salt water test);
(5) for each sample used in a toxicity test, the following parameters shall be measured in the control and the highest toxicant concentration tested at the beginning of the test, prior to renewal, following each renewal, and at the termination of the test:
(A) temperature;
(B) dissolved oxygen;
(C) pH; and
(D) salinity (for salt water test);
(6) Ceriodaphnia dubia used in toxicity tests shall meet the following requirements:
(A) be obtained from individual cultures;
(B) be obtained from third or subsequent broods of adults not being more than 14 days in age and containing eight or more neonates with an average adult mortality not exceeding 20 percent per culture board;
(C) chronic Ceriodaphnia dubia analyses shall have an additional test acceptability criterion of complete third brood neonate production by at least 80 percent of the surviving control organisms;
(D) Ceriodaphnia dubia neonate reproduction totals from chronic tests shall include only organisms produced in the first through third broods;
(E) the percentage of male Ceriodaphnia dubia control organisms shall not exceed 20 percent in chronic Ceriodaphnia dubia tests; and
(F) the Ceriodaphnia dubia control organism reproduction coefficient of variation (CV) shall be less than 40 percent for a chronic Ceriodaphnia dubia test;
(7) "Observed-effect" in a chronic Ceriodaphnia dubia test shall be defined as:
(A) statistical significant decrease in survival of the treatment organism as compared to the control organisms; or
(B) 20 percent or greater decrease in treatment organisms as compared to the control organism reproduction that is also determined to be statistically different from the control organism reproduction;
(8) acute tests shall be terminated within one hour of their stated length;
(9) the North Carolina Pass/Fail chronic tests and Phase II Ceriodaphnia dubia chronic tests shall meet the following requirements:
(A) follow a schedule where the test is started on day zero, renewed on day two and five, and terminated no later than seven days and two hours after the initiation of the test;
(B) follow a schedule where each daily feeding shall consist of addition of 0.05 ml of yeast-Cerophyll® -trout chow (YCT) food and 0.05 ml of a solution of the algae Selenastrum capricornutum with a cell concentration of 1.71 X 10 7 cells/ml per 15 ml of test solution; and
(C) the percent reduction for chronic Ceriodaphnia dubia analysis for each treatment shall be calculated by subtracting the mean number of neonates produced by the treatment organisms from the mean number of neonates produced by the control organisms, dividing that number by the mean number of neonates produced by the control organisms, and multiplying by 100 percent;
(10) the North Carolina Pass/Fail Ceriodaphnia dubia chronic test shall be performed as two treatments exposing 12 test organisms to each treatment. The first treatment shall be considered the control population and shall be exposed at 0 percent effluent and 100 percent dilution water;
(11) the North Carolina Pass/Fail acute test shall be performed as two treatments with the control population specified as Treatment 1, and the effluent treatment specified as Treatment 2. Each treatment shall be tested using four identical test vessels. Each treatment shall contain 10 test organisms, for a total of 80 test organisms; and
(12) there shall be no removal of chlorine or any other effluent constituent by either chemical or physical methods prior to testing.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66;
Eff. October 1, 1988;
Readopted Eff. July 1, 2019.
SECTION .1200 - SPECIAL ORDERS
15A NCAC 02H .1201 PURPOSE
The purpose of this Section is to implement the provisions of G.S. 143-215.2 pertaining to the issuance of surface water and ground water Special Orders by the Environmental Management Commission.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1);
Eff. October 1, 1990;
Readopted Eff. May 1, 2020.
15A NCAC 02H .1202 DEFINITIONS
The terms used in this Section shall be as defined in G.S. 143-212 and G.S. 143-213. Other terms used in this Section are defined as follows:
(1)" Consent Order" or "Special Order by Consent" means a type of Special Order where the Commission enters into an agreement with the person responsible for water pollution to achieve some stipulated actions designed to reduce, eliminate, or prevent water quality degradation.
(2) "Director" means the Director of the Division of Water Resources.
(3) "Special Order" means a directive of the Commission to any person whom it finds responsible for causing or contributing to any pollution of the waters of the State. The term includes all orders or instruments issued by the Commission pursuant to G.S. 143-215.2.
History Note: Authority G.S. 143-212; 143-213; 143-215.2; 143-215.3(a)(1);
Eff. October 1, 1990;
Readopted Eff. May 1, 2020.
15A NCAC 02H .1203 PUBLIC NOTICE
(a) The Director shall provide notice of a proposed Consent Order in accordance with G.S. 143-215.2(a1)(1). The notice shall include the following information:
(1) name, address, and phone number of the agency issuing the public notice;
(2) name and address of the person to whom the order is directed;
(3) a summary of the proposed conditions of the agreement, including a disclosure of the final compliance date and the permit conditions that the permittee will be allowed to exceed;
(4) notice that a public meeting may be requested in accordance with G.S. 143-215.2(a1)(2); and
(5) a description of the information available for public review, where it can be found, and procedures for obtaining copies of documents.
(b) If a public meeting request is received, the Director shall consider all requests for a public meeting in accordance with G.S. 143-215.2(a1)(2). If he or she determines that there is public interest in holding a public meeting, he or she shall provide notice as set forth in G.S. 143-215.2(a1)(2). The notice shall include the following:
(1) the information specified in Subparagraphs (a)(1), (2), (3) and (5) of this Rule;
(2) the time and location for the meeting; and
(3) how public comment is to be provided.
(c) Any person may request to receive copies of all notices required by this Rule, and the Director shall provide copies of notices to those who have submitted a request.
(d) The Director may combine the requirements in Paragraphs (a) and (b) of this Rule with a combination comment period and public meeting notice.
(e) Any Special Order by Consent may be amended by the Director to incorporate minor modifications, such as reallocations of allowable flows, correction of typographical errors, and interim date extensions, in a consent order without public notice provided that the modifications do not extend the final compliance date by more than four months.
(f) The requirements of this Rule for public notice and public meeting were developed to apply to Special Orders by Consent. The Commission may specify other conditions for Special Orders issued without consent.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4);
Eff. November 1, 1990;
Amended Eff. August 3, 1992;
Readopted Eff. May 1, 2020.
15A NCAC 02H .1204 FINAL ACTION ON SPECIAL ORDERS BY CONSENT
The Director shall take final action in accordance with G.S. 143-215.2(a1)(4) on Special Orders by Consent in those cases where a public meeting is not held as provided in G.S. 143-215.2(a1)(2).
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(4);
Eff. October 1, 1990;
Readopted Eff. May 1, 2020.
15A NCAC 02H .1205 ACTION ON SPECIAL ORDERS ISSUED WITHOUT CONSENT
The Commission may issue a proposed Special Order without the consent of the person affected. The Commission shall notify the affected person of the procedure set out in G.S. 150B-23 to contest the proposed Special Order.
History Note: Authority G.S. 143-215.2(b); 143-215.3(a)(1);
Eff. October 1, 1990;
Amended Eff. August 3, 1992;
Readopted Eff. May 1, 2020.
15A NCAC 02H .1206 WATER QUALITY SPECIAL ORDERS BY CONSENT
(a) Applications for Water Quality Special Orders by Consent:
(1) A person that accepts responsibility for causing or contributing to pollution of the waters of the State may apply for a Special Order by Consent (Order, or SOC). Applications shall be submitted to the Division of Water Resources. An Order establishes a schedule of corrective actions necessary to achieve compliance and alternative limitations that will be effective until corrective actions are completed or until the completion date specified in the Order, whichever comes first.
(2) Applications by permittees shall be made in triplicate on forms supplied by the Division along with a nonrefundable four hundred dollars ($400.00) processing fee. The application form shall include the following information:
(A) applicant's name, title, and contact information;
(B) facility name and permit number (if applicable);
(C) date of pre-application meeting with the appropriate Regional Office of the Division and the name of the Division's representative at the meeting;
(D) a description of the existing treatment process, a summary of violations of permit conditions or limits, and an explanation of the circumstances contributing to the violations;
(E) if a flow increase is requested, actual and proposed plant flows and flow allocations and demonstration of the need for the flow increase per Paragraph (c) of this Rule; only facilities owned by a unit of government may request a flow increase, per G.S. 143-215.67(b);
(F) the results of an evaluation of the treatment units, operational procedures, and performance of the existing facility conducted by the permittee or other person. The person preparing these results shall sign the document. The evaluation shall include the following:
(i) a determination that noncompliance is not due to failure by the permittee to operate, manage, and maintain the wastewater disposal system and that the existing wastewater disposal system is being operated in such a way as to attain, under the existing conditions, the highest degree of treatment for which it was designed;
(ii) recommendations as to how the efficiencies of these facilities can be maximized;
(iii) a certification that the facilities cannot be operated in a manner that would achieve compliance with permit limits; and
(iv) a determination of the permit limits that the facility can be expected to meet if operated at its maximum efficiency during the term of the SOC. These may include interim limits for the various phases of construction.
(G) a predicted schedule for activities necessary to achieve permit compliance;
(H) a list of funding sources to be used to complete the proposed activities and bring the facility into compliance. The list shall indicate whether the funds have been secured or can be secured in time to conform to the schedule in Part (I) of this Subparagraph. If the permittee has applied for but not secured funding, it shall provide copies of those applications. If the permittee cannot verify that it has secured the necessary funding, it may propose alternative steps to achieving compliance with its permit;
(I) other information relevant to the Director's evaluation of the application, including:
(i) unavoidable future violations of permit conditions or limits;
(ii) a description of any process modifications that have been made to date to ensure optimum performance of existing facilities;
(iii) a description of collection system rehabilitation work completed or scheduled (including dates);
(iv) a description of any coordination with industrial users or actions taken to address their contribution to the permit violations;
(v) any other actions taken to correct problems and achieve compliance prior to applying for the SOC.
(vi) the date and results of the last Industrial Waste Survey; and
(vii) whether or not the facility is acting as a regional facility receiving wastewater from other municipalities having independent pretreatment programs;
(3) Applications shall be signed as follows:
(A) in the case of a City or Town, by a ranking elected official or other duly authorized employee;
(B) in the case of a corporation, company, industry, or other private entity, by a principal executive officer of at least the level of vice-president, or his duly authorized representative;
(C) in the case of a School District, by the Superintendent of Schools or other duly authorized employee;
(D) in the case of a partnership, by a general partner and in the case of a limited partnership, by a general partner; and
(E) in the case of a sole proprietorship, by the proprietor.
(4) If an application is incomplete or if the Division staff determines that additional information is necessary to its review of the application, the Director shall notify the applicant of the additional items or information required to complete the application. If the applicant does not complete its application within 60 days of the notification, the Director may return the application to the applicant and terminate the Division's review. The applicant must submit a new application, revised to address the deficiencies already noted and with a new processing fee, to renew its request for an Order.
(b) Development of the Special Order: Special Orders by Consent shall satisfy the following requirements:
(1) The compliance schedule in the SOC shall establish compliance dates for milestones, such as the start of construction, completion of construction, and achievement of final compliance, to ensure that the applicant makes continued progress toward achieving compliance with its permit requirements. No compliance date in the schedule shall follow the preceding compliance date by more than one year.
(2) For permitted facilities, interim effluent limitations may be established within the SOC. Interim effluent limitations must be based on the optimum expected efficiency of the existing treatment system, as demonstrated by the applicant in Subparagraph (a)(4) of this Rule. Tiered interim effluent limitations may be established in the SOC to reflect the operational capabilities of the facility during different phases of construction.
(3) To ensure compliance with all schedules dates and interim effluent limitations, all orders must contain stipulated penalties for violations of specified requirements. A monetary settlement may also be included in the order to settle previous violations.
(4) The permittee shall be responsible for funding necessary improvements to its wastewater disposal system and for paying any monetary settlement and stipulated penalties included in the SOC.
(c) No public utility or unit of government shall accept or agree to accept wastewater flows that exceed the capacity of its wastewater disposal system, except as provided in G.S. 143-215.67 and as follows:
(1) The Director shall not allow additional flows as part of a consent Order unless the following demonstrations are made. The Director shall then determine the allowable additional flows based on Parts (A) – (E) of this Subparagraph and in accordance with G.S. 143-215.67:
(A) New or improved wastewater treatment facilities will be constructed that will treat the existing and additional waste, or the permittee can adopt alternative steps to offset the impacts of the additional waste.
(B) The flows are needed to provide service to identified new residential, commercial, and industrial sources.
(C) The waste characteristics of the additional flows do not exceed those associated with domestic waste or are pretreated to domestic strengths. Volumes of non-pretreated industrial waste will be allocated as the calculated volume of their domestic strength equivalent. Additionally, waste of greater than domestic strength may be accepted if the parameters are not those for which interim limitations have been developed and the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation.
(D) Local legal authorities, including, but not limited to, adoption and implementation of industrial waste control and pretreatment ordinances, will be used to control new and proposed industrial waste tributary to the system.
(E) The cumulative impacts of wastewater allowed under the order will not result in any significant degradation in the quality of the waters ultimately receiving the wastewater during flow conditions between and including the 7-day, 10-year minimum flow (7Q10) and the average flow. The division must consider any special or protected waters, such as High Quality Waters, Water Supply Waters, Trout Waters and Shellfish Waters in conducting this evaluation. Significant degradation shall be defined to include but not be limited to the following:
(i) a predictive decrease in dissolved oxygen of 0.5 mg/l or greater at the point of maximum dissolved oxygen sag. In cases where existing (prior to adding the requested wastewater) dissolved oxygen conditions are above 3.0 mg/l at or above 7Q10 conditions, the amount of wastewater added shall not be allowed to depress oxygen levels below 3.0 mg/l at the corresponding stream flow levels. No additional wastewater shall be allowed if measured or predicted dissolved oxygen levels at any stream flow at or above 7Q10 are less than 3.0 mg/l, unless approval is granted by the Environmental Management Commission. In making this decision, the Commission shall consider criteria such as naturally occurring background dissolved oxygen levels and projected duration of impacts and stream miles impacted. In cases when adequate models do not exist to allow the prediction of instream dissolved oxygen impacts, no additional wastewater shall be allowed into the system;
(ii) a predictive increase in the length of the segment in which the predicted dissolved oxygen is less than dissolved oxygen standards of 0.5 miles or greater;
(iii) an increase in coliform bacteria density predicted to exceed applicable water quality standards;
(iv) increases in the coliform density, decreases in dissolved oxygen, or changes in any other water quality parameters that are predicted to result in mortality of fish or other aquatic life, closing of swimming areas or impact on other water uses, regardless of compliance with conditions Subparts (d)(1)(E)(i)-(iii) of this Rule; or
(v) the proposed addition of toxic pollutants in quantities not associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater does not cause the combined wastewaters to exhibit reasonable potential to cause an exceedance of water quality standards.
(2) Approvals of additional wastewater flows may be rescinded by the Director for any schedule or condition violation, or limit violations in two consecutive months, or any other violation he or she considers sufficiently severe to warrant such action. In determining violations to be sufficiently severe, the Director shall consider factors such as the parameters being violated, the magnitude of the violations, the projected duration of the violations, the waters being impacted or projected to be impacted and the reasons for the violations. Upon a determination by the Director that the approval of a flow allocation is to be rescinded, he or she shall provide notice to the permittee that shall include the factors that made the decision necessary.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3D;
Eff. August 3, 1992;
Readopted Eff. May 1, 2020.
SECTION .1300 – DISCHARGES TO ISOLATED WETLANDS AND ISOLATED WATERS
15A NCAC 02H .1301 SCOPE AND PURPOSE
(a) The provisions of this Section shall apply to Division of Water Resources (Division) regulatory and resource management determinations regarding isolated wetlands and isolated classified surface waters. This Section shall only apply to discharges resulting from activities that require State review after October 22, 2001 and that require a Division determination concerning effects on isolated wetlands and isolated classified surface waters. For the purpose of this Section, "discharge" shall be the deposition of dredged or fill material (e.g. fill, earth, construction debris, soil, etc.).
(b) This Section outlines the application and review procedures for permitting of discharges into isolated wetlands and isolated classified surface waters that have been listed in 15A NCAC 02B .0300. If the U.S. Army Corps of Engineers or its designee determines that a particular water is not regulated under Section 404 of the Clean Water Act, then discharges to that water or wetland shall be covered by this Section. If the U.S. Army Corps of Engineers or its designee determines that a particular wetland is not regulated under Section 404 of the Clean Water Act and that wetland is a Basin Wetland or Bog as described in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October 2010 (available online at: ), then discharges to that wetland shall be covered by this Section. The Division shall verify the determination, extent, and location of isolated wetlands and isolated classified surface waters using the U.S. Army Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1) and subsequent regional supplements and the Division publication, Methodology for Identification of Intermittent and Perennial Streams and Their Origins (v.4.11, 2010).
(c) Activities that result in a discharge may be deemed permitted as described in Rule .1305(b) of this Section or authorized by the issuance of either an individual permit or a Certificate of Coverage to operate under a general permit:
(1) Individual permits shall be issued on a case-by-case basis using the procedures outlined in this Section. These Individual permits do not require approval by the U.S. Environmental Protection Agency.
(2) General permits may be developed by the Division and issued by the Director for types or groups of discharges resulting from activities that are similar in nature and considered to have minimal impact. General permits do not require approval by the U.S. Environmental Protection Agency. All activities that receive a Certificate of Coverage under a general permit from the Division shall be covered under that general permit. When written approval is required in the general permit, the application and review procedures for requesting a Certificate of Coverage under a general permit from the Division for the proposed activity are the same as the procedures outlined in this Section for individual permits.
(d) Discharges resulting from activities that receive an individual permit or Certificate of Coverage under a general permit pursuant to this Section shall not be considered to remove existing uses of the isolated wetland or isolated surface waters.
(e) The following are exempt from this Section:
(1) Activities described in 15A NCAC 02B .0230;
(2) Discharges to isolated man-made ponds or isolated man-made ditches constructed for stormwater management purposes;
(3) Discharges to any man-made isolated pond;
(4) Discharges to any wetland not regulated under Section 404 of the Clean Water Act that is not a Basin Wetland or Bog as described in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October 2010 (available online at: );
(5) Discharges of treated effluent into isolated wetlands and isolated classified surface waters resulting from activities that receive NPDES Permits or State Non-Discharge Permits;
(6) Discharges for water dependent structures as defined in 15A NCAC 02B .0202; and
(7) A discharge resulting from an activity if:
(A) The discharge resulting from the activity requires a 401 Certification and 404 Permit and these were issued prior to October 22, 2001;
(B) The project requires a State permit, such as landfills, NPDES discharges of treated effluent, Non-Discharge Permits, land application of residuals and road construction activities, that has begun construction or are under contract to begin construction and have received all required State permits prior to October 22, 2001;
(C) The project is being conducted by the N.C. Department of Transportation and they have completed 30% of the hydraulic design for the project prior to October 22, 2001; or
(D) The applicant has been authorized for a discharge into isolated wetlands or isolated waters for a project that has established a Vested Right under North Carolina law prior to October 22, 2001.
(f) The terms used in this Section shall be as defined in G.S. 143-212 and G.S. 143-213 and as follows:
(1) "Class SWL wetland" means the term as defined at 15A NCAC 02B .0101.
(2) "Class UWL wetland" means the term as defined at 15A NCAC 02B .0101.
(3) "Cumulative impact" means environmental impacts resulting from incremental effects of an activity when added to other past, present, and reasonably foreseeable future activities, regardless of what entities undertake such other actions.
(4) "Director" means the Director of the Division.
(5) "Division" means the Division of Water Resources of the North Carolina Department of Environmental Quality.
(6) "Secondary impact" means indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable to the applicant or the Division.
(7) "Wetland" means the term as defined in 15A NCAC 02B .0202.
History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b)(3); 143-215.3(a)(1); 143-215.3(c); S.L. 2014-120, s. 54; S.L. 2015-286, s. 4.18;
Codifier determined that findings did not meet criteria for temporary rule on September 26, 2001 and October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003;
Readopted Eff. June 15, 2020;
Temporary Amendment Eff. May 28, 2021;
Temporary Amendment Exp. Eff. October 3, 2023.
15A NCAC 02H .1302 FILING APPLICATIONS
(a) Any person needing issuance of an individual permit or Certificate of Coverage under a general permit for discharges resulting from activities that affect isolated classified surface waters or isolated wetlands shall file with the Director, at 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617, or 512 N Salisbury Street, Raleigh, NC 27604, an original and one copy of an application for a Permit or submit one complete copy of an application electronically via the following website: . The application shall be made on a form provided or approved by the Division, available electronically via the following website: . The application shall include at a minimum the following:
(1) the date of application;
(2) the name, address, and phone number of the property applicant. If the applicant is not the property owner(s), name, address, and phone number of the property owners(s);
(3) if the applicant is a corporation, the name and address of the North Carolina process agency, and the name, address, and phone number of the individual who is the authorized agent of the corporation and responsible for the activity for which certification is sought. The corporation must be registered with the NC Secretary of State's Office to conduct business in NC;
(4) the nature of the discharge, including cumulative impacts to isolated and non-isolated wetlands and isolated and non-isolated waters that cause or will cause a violation of downstream water quality standards resulting from an activity to be conducted by the applicant;
(5) whether the discharge has occurred or is proposed;
(6) the location and extent of the discharge, stating the municipality, if applicable, the county; the drainage basin; the name of the nearest named surface waters; and the location of the point of discharge with regard to the nearest named surface waters;
(7) an application fee as required by G.S. 143-215.3D. If payment of a fee is required for a 401 Water Quality Certification, then that fee shall suffice for this Rule;
(8) a map(s) with scales and north arrows that is legible to the reviewer and of sufficient detail to delineate the boundaries of the lands owned or proposed to be utilized by the applicant in carrying out the discharge; the location, dimensions, and type of any structures that affect isolated wetlands or waters for use in connection with the discharge; and the location and extent of the isolated waters including wetlands within the boundaries of said lands; and
(9) a signature by the applicant or an agent authorized by the applicant. If an agent is signing for the applicant, an agent authorization letter must be provided. In signing the application, the applicant certifies that all information contained therein or in support thereof is true and correct to the best of their knowledge.
(b) The Division may request in writing, and the applicant shall furnish, any additional information necessary to clarify the information provided in the application under Paragraph (a) of this Rule, or to complete the evaluation in Rule .1305 of this Section.
(c) If the applicant believes that it is not feasible or is unnecessary to furnish any portion of the information required by Paragraphs (a) and (b) of this Rule, then the applicant shall submit an explanation detailing the reasons for omission of the information. The final decision regarding the completeness of the application shall be made by the Division based upon the information required in Paragraphs (a) and (b) of this Rule, and any explanation provided by the applicant regarding omitted information provided in this Paragraph.
(d) Pursuant to G.S. 143-215.3(a)(2), the staff of the Division shall conduct such investigation as the Division deems necessary to clarify the information provided in the application under Paragraph (a) of this Rule or to complete the evaluation in Rule .1305 of this Section. The applicant shall allow the staff safe access to the lands and facilities of the applicant and lend such assistance as shall be reasonable for those places, upon the presentation of credentials.
(e) Other applications for permitting or certification by a division of the Department shall suffice for application for this Permit as long as the application contains all of the information specified in this Rule and it is specifically requested to the Division by the applicant that authorization is sought under this Rule. This application must be submitted by the applicant to the Division for review under this Permit.
History Note: Authority G.S. 143-214.1; 143-215.1(a)(6); 143-215.3(a)(1);
Codifier determined that findings did not meet criteria for temporary rule on September 26, 2001 and October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003;
Readopted Eff. June 1, 2019.
15A NCAC 02H .1303 PUBLIC NOTICE AND PUBLIC HEARING
(a) The Division shall provide public notice for proposed general permits. This notice shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and posted on the Division's website: . Notice shall be made at least 30 calendar days prior to issuance of the general permit by the Division. Public notice shall not be required for those activities covered by Certificates of Coverage under a general permit.
(b) Notice of each pending application for an individual permit shall be sent be to all individuals on the mailing list described in Paragraph (g) of this Rule and shall be posted on the Division's website. Notice shall be made at least 30 calendar days prior to proposed final action by the Division on the application.
(c) The notice shall set forth:
(1) the name and address of the applicant;
(2) the action requested in the application;
(3) the nature and location of the discharge; and
(4) the proposed date of final action to be taken by the Division on the application.
The notice shall also state where additional information is available online and on file with the Division. Information on file shall be made available upon request between 8:00 am and 5:00 pm, Monday through Friday, excluding State holidays, and copies shall be made available upon payment of the cost thereof to the Division pursuant to G.S. 132-6.2.
(d) This public notice requirement for an individual permit as described in Paragraph (b) of this Rule may be satisfied by a joint notice with the Division of Coastal Management (15A NCAC 07J .0206, the U.S. Army Corps of Engineers according to their established procedures, or by a joint notice by the Division for an individual permit in accordance with Rule .0503 of this Subchapter.
(e) Any person who desires a public hearing on a general permit or an individual permit application shall so request in writing to the to the Division at the address listed in Rule .1302 of this Section. The request must be received by the Division within 30 calendar days following the Public Notice.
(f) If the Director determines that there is significant public interest in holding a hearing, based upon such factors as the reasons why a hearing was requested, the nature of the project, and the proposed impacts to waters of the State, the Division shall notify the applicant in writing that there will be a hearing. The Division shall also provide notice of the hearing to all individuals on the mailing list as described in Paragraph (g) of this Rule and shall post the notice on the Division's website. The notice shall be published at least 30 calendar days prior to the date of the hearing. The notice shall state the time, place, and format of the hearing. The notice can be combined with the notice required under Paragraph (c) of this Rule. The hearing shall be held within 90 calendar days following date of notification to the applicant. The record for each hearing held under this Paragraph shall remain open for a period of 30 calendar days after the public hearing to receive public comments.
(g) Any person may request that he or she be emailed copies of all public notices required by this Rule. The Division shall add the email address of any such person to an email listerv and follow procedures set forth in Rule .0503(g) of this Subchapter.
(h) Any public hearing held pursuant to this Rule may be coordinated with other public hearings held by the Department or the U.S. Army Corps of Engineers.
History Note: Authority G.S. 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(a)(1e); 143-215.3(c);
Codifier determined that findings did not meet criteria for temporary rule on September 26, 2001 and October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003;
Readopted Eff. June 1, 2019.
15A NCAC 02H .1304 DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE
(a) The Director shall issue the permit or Certificate of Coverage, deny the application, provide notice of hearing pursuant to Rule .1303 of this Section, or request additional information within 60 calendar days after receipt of the application. When the Director requests additional information, the 60-day review period restarts upon receipt of all of the additional information requested by the Director. Failure to issue the permit or Certificate of Coverage, deny the application, provide notice of hearing, or request additional information within 60 calendar days shall result in the waiver of the permit requirement by the Director, unless:
(1) The applicant agrees, in writing, to a longer period;
(2) The final decision is to be made pursuant to a public hearing;
(3) The applicant refuses the staff access to its records or premises for the purpose of gathering information necessary to the Director's decision; or
(4) Information necessary to the Director's decision is unavailable.
(b) The Director shall issue the permit or Certificate of Coverage, deny the application, or request additional information within 60 calendar days following the close of the record for the public hearing. Failure to take action within 60 calendar days shall result in the waiver of the permit requirement by the Director, unless Subparagraphs (a)(1), (3), or (4) of this Rule apply.
(c) Any permit or Certificate of Coverage issued pursuant to this Section may contain such conditions as the Director shall deem necessary to ensure compliance with this Section, including written post-discharge notification to the Division.
(d) Modification or Revocation of permit or Certificate of Coverage:
(1) Any permit or Certificate of Coverage issued pursuant to this Section may be subject to revocation or modification by the Director for violation of conditions of the permit or Certificate of Coverage; and
(2) Any permit or Certificate of Coverage issued pursuant to this Section may be subject to revocation or modification by the Director upon a determination that information contained in the application or presented in support thereof is incorrect or if the Director finds that the discharge has violated or may violate a downstream water quality standard.
(e) The Division shall notify the applicant of the final action to issue or deny the application. In the event that the Director denies the application, the Director shall specify the reasons for the denial.
(f) Individual permits and Certificates of Coverage for general permits shall be issued for a period of five years, after which time the Permit shall be void, unless the discharge is complete or an extension is granted pursuant to Paragraph (g) of this Rule. The permit shall become enforceable when issued.
(g) Permit or Certificate of Coverage renewals shall require a new complete application. The applicant may request in writing that the Division grant an extension before the permit expires. An extension may be granted by the Division based on the new complete application for a time period of one additional year, provided that the construction has commenced or is under contract to commence before the permit expires.
(h) The issuance or denial is a final agency decision that is subject to administrative review pursuant to G.S. 150B-23.
History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b); 143-215.3(a)(1); 143-215.3(c);
Codifier determined that findings did not meet criteria for temporary rule on September 26, 2001 and October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003;
Readopted Eff. June 1, 2019.
15A NCAC 02H .1305 REVIEW OF APPLICATIONS
(a) DISCHARGES FROM ACTIVITIES DEEMED TO BE PERMITTED. The following activities shall be deemed to be permitted:
(1) Discharges resulting from activities that impact less than 1/2 acre of isolated classified surface waters for the entire project are deemed to be permitted provided they fully comply with the conditions listed in Subparagraph (b)(4) of this Rule, and it shall not be necessary for the Division to issue permits for these activities.
(2) Discharges resulting from activities that impact less than 150 linear feet of isolated classified streams for the entire project are deemed to be permitted provided they fully comply with the conditions listed in Subparagraph (b)(4) of this Rule, and it shall not be necessary for the Division to issue permits for these activities.
(3) Discharges resulting from activities that impact less than or equal to one acre of isolated wetlands for the entire project in the coastal region, less than or equal to one-half acre of isolated wetlands for the entire project in the piedmont region, and less than or equal to one-third acre of isolated wetlands for the entire project in the mountain region are deemed to be permitted provided they fully comply with the conditions listed in Subparagraph (b)(4) of this Rule, and it shall not be necessary for the Division to issue permits for these activities. For purposes of implementing this Subparagraph, the coastal, piedmont and mountain regions shall be as follows:
(A) "Coastal Region" includes Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Halifax, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Washington, Wayne, and Wilson Counties;
(B) "Piedmont Region" includes Alamance, Alexander, Anson, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cleveland, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Granville, Guilford, Iredell, Lincoln, Mecklenburg, Montgomery, Orange, Person, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Vance, Wake, Warren, Wilkes, and Yadkin Counties;
(C) "Mountain Region" includes Alleghany, Ashe, Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga and Yancey Counties.
(D) When a landowner believes their property is not in the correct region for purposes of this Rule, they may have a soil scientist conduct a site-specific evaluation to determine the soil series. The soil scientist shall be an individual who is currently licensed or authorized to practice soil science under G.S. 89F by the North Carolina Board for Licensing of Soil Scientists. The landowner shall submit the soil report to the Division of Water Resources for review. Soil series that occur in North Carolina have been categorized by the Natural Resources Conservation Service of the US Department of Agriculture as defined in Rule .1306 of this Section.
(4) Conditions which must be met for projects deemed to be permitted:
(A) Erosion and sediment control practices shall equal at a minimum those required by the N.C. Division of Energy, Mineral, and Land Resources or its local delegated program for the Sedimentation Pollution Control Act and shall be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such Best Management Practices in order to help assure compliance with the appropriate turbidity and other water quality standards;
(B) All erosion and sediment control practices placed in isolated wetlands or isolated classified surface waters must be removed and the original grade restored within two months after the Division of Energy, Mineral, and Land Resources or local delegated program has released the specific area within the project;
(C) Uncured or curing concrete shall not come into direct contact with waters of the state; and
(D) All work in or adjacent to isolated stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual shall be used to minimize excavation in flowing water.
(E) Measures shall be taken to ensure that the hydrology of any remaining isolated wetland or isolated classified surface waters is not affected by the discharge.
(b) EVALUATION. The Division shall issue an Individual Permit or a Certificate of Coverage under a General Permit upon determining that the proposed activity will comply with state water quality standards, which includes designated uses, numeric criteria, narrative criteria and the state's antidegradation policy, as defined in the rules of 15A NCAC 02B .0200 and the rules of 15A NCAC 02L .0100 and .0200. In assessing whether the proposed activity will comply with water quality standards, the Division shall evaluate if the proposed activity:
(1) has no practical alternative. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed project and all alternative designs, that the basic project purpose cannot be practically accomplished in an economically viable manner, which would avoid or result in less adverse impact to isolated classified surface waters or isolated wetlands;
(2) has avoided and minimized impacts to isolated classified surface waters and isolated wetlands to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion;
(3) would not cause or contribute to a violation of water quality standards;
(4) would not result in secondary or cumulative impacts that cause or contribute to, or will cause or contribute to, a violation of downstream water quality standards; and
(5) provides for replacement of existing uses through compensatory mitigation as described in Paragraph (c) of this Rule.
(c) MITIGATION. Replacement or mitigation of unavoidable losses of existing uses in isolated classified surface waters or isolated wetlands shall be reviewed in accordance with all of the following guidelines:
(1) The Division shall coordinate mitigation requirements with other permitting agencies that are requiring mitigation for a specific project;
(2) Mitigation requirements for impacts to isolated wetlands shall only apply to the amount of impact that exceeds the threshold set out in Subparagraph (b)(3) of this Rule. The mitigation ratio for impacts exceeding the threshold for the entire project shall be 1:1. Impacts to isolated wetlands shall not be combined with the project impacts to 404 jurisdictional wetlands or streams for the purpose of determining when impact thresholds that trigger a mitigation requirement are met;
(3) Total impacts to less than 300 linear feet of isolated perennial streams for the entire project shall not require compensatory mitigation. For linear publicly owned and maintained transportation projects that the U.S. Army Corps of Engineers determines are not part of a larger common plan of development, impacts to less than 300 linear feet per stream shall not require compensatory mitigation. The mitigation ratio for isolated stream impacts shall be 1:1;
(4) The required area or length of mitigation required shall be multiplied by 1 for restoration, 1.5 for establishment, 2 for enhancement and 5 for preservation. These multipliers do not apply to approved mitigation sites where the Interagency Review Team has approved other ratios;
(5) Mitigation shall comply with the requirements set forth in G.S. 143-214.11. Mitigation projects implemented within waters or wetlands that are regulated under Section 404 of the Clean Water Act may be used to satisfy the requirements of this Paragraph;
(6) Acceptable methods of mitigation as defined in 33 CFR Part 332 available free of charge on the internet at: , include restoration, including both re-establishment and rehabilitation, establishment (creation), enhancement and preservation. No more than 25 percent of the mitigation required by Subparagraph (c)(2) or (3) of this Rule can be met through preservation, unless the Director determines that the public good would be better served by a higher percentage of preservation;
(7) Mitigation for impacts to isolated classified surface waters, isolated streams and isolated wetlands shall be conducted in North Carolina within the same river basin and in accordance with 33 CFR Part 332, available free of charge on the internet at: , unless otherwise approved by the Director; and
(8) In-kind mitigation is required unless the Director determines that other forms of mitigation would provide greater water quality or aquatic life benefit.
History Note: Authority G.S. 143-211(c); 143-214.7C; 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(c); S.L. 2014-120; S.L. 2015-286; S.L. 2017-10;
Codifier determined that findings did not meet criteria for temporary rule on September 26, 2001 and October 12, 2001;
Temporary Adoption Eff. October 22, 2001;
Eff. April 1, 2003;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f));
Readopted Eff. June 15, 2020.
15A NCAC 02H .1306 SOIL SERIES
For purposes of implementing the rules in this Section, the Natural Resources Conservation Service of the U.S. Department of Agriculture have categorized soil series that occur in North Carolina as follows:
(1) Soil series in the Mountain Region shall include the following: Alarka, Anakeesta, Arkaqua, Ashe, Balsam, Bandana, Biltmore, Braddock, Bradson, Brasstown, Breakneck, Brevard, Brownwood, Buladean, Burton, Cades, Calvin, Cashiers, Cataloochee, Cataska, Chandler, Cheoah, Chester, Chestnut, Chestoa, Chiltoskie, Cleveland, Cliffield, Clifford, Clifton, Clingman, Codorus, Colvard, Comus, Cowee, Craggey, Crossnore, Cruso, Cullasaja, Cullowhee, Dellwood, Dillard, Dillsboro, Ditney, Edneytown, Edneyville, Ela, Ellijay, Elsinboro, Evard, Fannin, Farner, Fontaflora, French, Greenlee, Guyot, Harmiller, Hatboro, Hayesville, Heintooga, Hemphill, Hiwassee, Horsetrough, Huntdale, Iotla, Jeffrey, Junaluska, Kanuga, Keener, Kinkora, Lauada, Leatherwood, Longhope, Lonon, Lostcove, Luftee, Mars Hill, Maymead, Micaville, Nantahala, Nikwasi, Northcove, Nowhere, Oconaluftee, Ostin, Oteen, Peaks, Pigeonroost, Pineola, Pinnacle, Plott, Porters, Pullback, Rabun, Reddies, Rosman, Saluda, Santeetlah, Saunook, Sauratown, Shinbone, Skyuka, Smokemont, Snowbird, Soco, Spivey, Statler, Stecoah, Suches, Swannanoa, Sylco, Sylva, Tanasee, Tate, Thunder, Thurmont, Toccoa, Toecane, Toxaway, Transylvania, Trimont, Tsali, Tuckasegee, Tusquitee, Unaka, Unicoi, Unison, Walnut, Watauga, Wayah, Wesser, Whiteoak, Whiteside, and Zillicoa.
(2) Soil series in the Piedmont Region shall include the following: Alamance, Altavista, Appling, Appomattox, Armenia, Ashlar, Augusta, Ayersville, Badin, Banister, Bannertown, Belews Lake, Bentley, Bethera, Bethlehem, Biscoe, Brickhaven, Buncombe, Callison, Carbonton, Cartecay, Casville, Cecil, Chewacla, Cid, Claycreek, Cliffside, Clover, Colfax, Congaree, Coronaca, Creedmoor, Cullen, Dan River, Danripple, Davidson, Davie, Delila, Devotion, Dorian, Durham, Elbert, Enon, Enott, Exway, Fairview, Georgeville, Goldston, Granville, Green Level, Grover, Gwinnett, Halifax, Hallison, Haw River, Helena, Herndon, Hibriten, Hiwassee, Hornsboro, Hulett, Iredell, Jackland, Kinkora, Kirksey, Lackstown, Leaksville, Lignum, Lloyd, Louisa, Louisburg, Madison, Mandale, Masada, Mattaponi, Mayodan, McQueen, Meadowfield, Mecklenburg, Merry Oaks, Misenheimer, Mocksville, Monacan, Moncure, Montonia, Mooshaunee, Nanford, Nason, Nathalie, Oak Level, Oakboro, Orange, Ostin, Pacolet, Pactolus, Peakin, Peawick, Penhook, Pfafftown, Picture, Pilot Mountain, Pinkston, Pinoka, Pittsboro, Poindexter, Polkton, Poplar Forest, Rasalo, Rhodhiss, Rion, Riverview, Ronda, Rowan, Saw, Secrest, Sedgefield, Siloam, Skyuka, Spartanburg, Spray, Spriggs, Starr, Stoneville, Stott Knob, Tarrus, Tatum, Tillery, Toast, Toccoa, Tomlin, Totier, Turbeville, Tussahaw, Uwharrie, Vance, Wadesboro, Wake, Warne, Wate, Wateree, Wedowee, Wehadkee, Westfield, White Store, Wickham, Wilkes, Winnsboro, Woolwine, Worsham, Wynott, Yadkin, and Zion.
(3) Soil series in the Coastal Region shall include the following: Acredale, Ailey, Alaga, Alpin, Arapahoe, Argent, Augusta, Autryville, Aycock, Backbay, Ballahack, Barclay, Bayboro, Baymeade, Belhaven, Bertie, Bethera, Bibb, Bladen, Blaney, Blanton, Bohicket, Bojac, Bolling, Bonneau, Bragg, Brookman, Butters, Byars, Cainhoy, Candor, Cape Fear, Cape Lookout, Caroline, Carteret, Centenary, Chapanoke, Charleston, Chastain, Chenneby, Chesapeake, Chipley, Chowan, Conaby, Conetoe, Corolla, Cowarts, Coxville, Craven, Croatan, Currituck, Dare, Deloss, Delway, Dogue, Dorovan, Dothan, Dragston, Duckston, Dunbar, Duplin, Echaw, Emporia, Engelhard, Exum, Faceville, Foreston, Fork, Fortescue, Fripp, Fuquay, Gertie, Gilead, Goldsboro, Grantham, Grifton, Gritney, Gullrock, Hobonny, Hobucken, Hyde, Hydeland, Icaria, Invershiel, Johns, Johnston, Kalmia, Kenansville, Kinston, Kureb, Lakeland, Leaf, Lenoir, Leon, Liddell, Lillington, Longshoal, Lucy, Lumbee, Lynchburg, Lynn Haven, Mandarin, Mantachie, Marlboro, Marvyn, Masontown, Maxton, Mayodan, McColl, Meggett, Mooshaunee, Muckalee, Munden, Murville, Myatt, Nahunta, Nakina, Nankin, Nawney, Neeses, Newhan, Newholland, Nimmo, Nixonton, Noboco, Norfolk, Ocilla, Onslow, Orangeburg, Osier, Ousley, Pactolus, Pamlico, Pantego, Pasquotank, Paxville, Peakin, Pelion, Pender, Perquimans, Pettigrew, Plummer, Pocalla, Polawana, Ponzer, Portsmouth, Pungo, Rains, Rimini, Roanoke, Roper, Rumford, Rutlege, Scuppernong, Seabrook, Seagate, Shellbluff, Stallings, State, Stockade, Suffolk, Tarboro, Tetotum, Thursa, Toisnot, Tomahawk, Tomotley, Torhunta, Troup, Uchee, Valhalla, Varina, Vaucluse, Wagram, Wahee, Wakulla, Wando, Wasda, Weeksville, Wilbanks,Winton, Woodington, Wrightsboro, Wysocking, Yaupon, Yeopim, and Yonges.
History Note: Authority G.S. 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(c); S.L. 2014-120, s. 54; S.L. 2015-286, s. 4.18;
Eff. June 15, 2020.
SECTION .1400 – DISCHARGES TO Federally Non-jurisdictional WETLANDS AND federally Non-jurisdictional CLASSIFIED SURFACE WATERS
15A NCAC 02H .1401 SCOPE AND PURPOSE
History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b)(3); 143-215.3(a)(1); 143-215.3(c);
Temporary Adoption Eff. May 28, 2021;
Temporary Rule Expired Eff. October 3, 2023.
15A NCAC 02H .1402 FILING APPLICATIONS
History Note: Authority G.S. 143-214.1; 143-215.1(a)(6); 143-215.3(a)(1);
Temporary Adoption Eff. May 28, 2021;
Temporary Rule Expired Eff. October 3, 2023.
15A NCAC 02H .1403 PUBLIC NOTICE AND PUBLIC HEARING
History Note: Authority G.S. 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(a)(1e); 143-215.3(a)(3); 143-215.3(c);
Temporary Adoption Eff. May 28, 2021;
Temporary Rule Expired Eff. October 3, 2023.
15A NCAC 02H .1404 DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE
History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b); 143-215.3(a)(1); 143-215.3(c);
Temporary Adoption Eff. May 28, 2021;
Temporary Rule Expired Eff. October 3, 2023.
15A NCAC 02H .1405 REVIEW OF APPLICATIONS
History Note: Authority G.S. 143-211(c); 143-214.7C; 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(c);
Temporary Adoption Eff. May 28, 2021;
Temporary Rule Expired Eff. October 3, 2023.
SUBCHAPTER 02I - HEARINGS
SECTION .0100 - SCOPE: DEFINITIONS: DELEGATIONS
15A NCAC 02I .0101 PURPOSE OF THIS SUBCHAPTER
In instances where Rules related to hearings conducted by a Division are not codified, these Rules authorize the designation of employees of the Department as hearing officers, set out the types of hearings which the designated employees are authorized to conduct, and delineate and reference the rules of procedure for conducting rulemaking or other hearings.
History Note: Authority G.S. 143-215.3(a)(1),(3);
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Readopted Eff. February 1, 2021.
15A NCAC 02I .0102 DEFINITIONS
The terms used herein shall be as defined in G.S. 143-213 and 150B-2 and as follows:
(1) "Commission" means the North Carolina Environmental Management Commission.
(2) "Department" means the Department of Environmental Quality, and its successor.
(3) "Director" means Director of the Division of Air Quality, Director of the Division of Energy, Mineral, and Land Resources, Director of the Division of Mitigation Services, Director of the Division of Water Resources, or Director of the Division of Waste Management and their successors.
(4) "Division" means the Division of Air Quality, the Division of Energy, Mineral, and Land Resources, the Division of Mitigation Services, the Division of Water Resources, or the Division of Waste Management and their successors.
History Note: Authority G.S. 143-215.3(a)(1); 143B-282;
Eff. February 1, 1976;
Amended Eff. July 1, 1988; November 1, 1978;
Readopted Eff. February 1, 2021.
15A NCAC 02I .0103 DELEGATIONS
Unless otherwise directed by the Chair of the Commission, pursuant to Rule .0105 of this Section, the Director is authorized to designate hearing officers, establish the hearings, issue notices and perform other administrative functions in accordance with these Rules. The Director shall advise the Commission at its regularly scheduled meetings of any public hearings held or scheduled since the Commission's last meeting.
History Note: Authority G.S. 143-215.3(a)(3),(4);
Eff. February 1, 1976;
Readopted Eff. February 1, 2021.
15A NCAC 02I .0104 AUTHORIZED HEARING OFFICERS
History Note: Authority G.S. 143-215.4(e); 150B-32;
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;
Repealed Eff. February 1, 2021.
15A NCAC 02I .0105 REQUIREMENTS OF HEARING OFFICER OR PANEL
Notwithstanding Rule .0103 of this Section, the Chair of the Commission may designate one or more of Commission members as hearing officer(s) for any hearing. A Commission member may be designated based on factors such as availability, expertise, interest, or the subject matter of the Rule(s).
History Note: Authority G.S. 143-215.3(a)(3);
Eff. February 1, 1976;
Amended Eff. July 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;
Amended Eff. February 1, 2021.
15A NCAC 02I .0106 DEPARTMENT HEARING RULES
History Note: G.S. 87-87; 87-92; 143-215.3(a)(1); 143-215.4; 150B-14;
Eff. May 1, 1986;
Repealed Eff. February 1, 2021.
SECTION .0200 - RULE MAKING HEARINGS: NOTICE: PROCEDURES
15A NCAC 02I .0201 REQUIREMENT
History Note: Authority G.S. 150B-12;
Eff. February 1, 1976;
Repealed Eff. July 1, 1988.
15A NCAC 02I .0202 NOTICE
History Note: Authority G.S. 150B-12; 143-214.1(e); 143-215.13(c); 87-87;
Eff. February 1, 1976;
Repealed Eff. March 1, 1988.
15A NCAC 02I .0203 PROCEDURES
(a) Any person desiring to comment on the proposed action may do so either in writing or by oral presentation. Any person may file a written statement or argument concerning the proposed action prior to the close of the hearing record.
(b) The hearing officer(s) shall consider all written and oral submissions and submit recommendations concerning the proposed action to the Commission following the close of the hearing record.
History Note: Authority G.S. 143-214.1(e); 143-215.13(c);
Eff. February 1, 1976;
Amended Eff. July 1, 1988;
Readopted Eff. February 1, 2021.
SECTION .0300 - ADMINISTRATIVE HEARINGS
15A NCAC 02I .0301 OPPORTUNITY FOR HEARING
15A NCAC 02I .0302 REQUEST FOR HEARING
History Note: Authority G.S. 87-87; 87-92; 143-215.3(a); 143-215.3(a)(1); 143-215.4; 150B-2; 150B-23;
Eff. February 1, 1976;
Amended Eff. September 1, 1988; July 1, 1988; May 1, 1986; June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;
Repealed Eff. February 1, 2021.
15A NCAC 02I .0303 NOTICE: WAIVER
15A NCAC 02I .0304 PLACE OF THE HEARING
15A NCAC 02I .0305 PROCEDURES
15A NCAC 02I .0306 HEARING OFFICERS: POWERS AND DUTIES
History Note: Authority G.S. 87-92; 143-215.1(a)(3),(4); 143-215.4; 143-215.15(f); 143-215.113; 150B-1.23,-24,-27,-33,-34,-37; 150B, Article 3;
Eff. February 1, 1976;
Amended Eff. June 15, 1980; November 1, 1978;
Repealed Eff. July 1, 1988.
SECTION .0400 - SPECIAL HEARINGS
15A NCAC 02I .0401 CLEAN WATER BOND ACT: REQUESTS: NOTICE: PROCEDURE
History Note: Authority 1971 Session Laws c. 909; 1973 Session Laws c. 232;
Eff. February 1, 1976;
Repealed Eff. July 1, 1988.
15A NCAC 02I .0402 WATER QUALITY DISCHARGE PERMITS: NOTICE: PROCEDURES
History Note: Authority G.S. 143-215.1(c)(3);
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;
Repealed Eff. February 1, 2021.
SECTION .0500 - PETITIONS FOR RULEMAKING
15A NCAC 02I .0501 FORM AND CONTENTS OF PETITION
(a) Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission shall make the request in a petition addressed to the Director of the appropriate division of the Department of Environmental Quality, and a copy in electronic form shall also be sent to the Recording Clerk of the Commission:
Director
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
Director
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Director
Division of Mitigation Services
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Director
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Director
Division of Water Resources
1611 Mail Service Center
Raleigh, North Carolina 27699-1611
Recording Clerk of the Commission
Directors Office
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
EMCclerk@
(b) The petition shall contain the following information:
(1) the text of the proposed rule(s) for adoption or amendment;
(2) a statement of the reasons for adoption or amendment of the proposed rule(s), or the repeal of an existing rule(s);
(3) a statement of the effect on existing rules or orders;
(4) the name(s) and address(es) of the petitioner(s); and
(5) a request to present the petition to the committee in accordance with Rule .0502 of this Section, if desired.
(c) In its review of the proposed rule, the Commission shall consider whether it has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities. The petitioner may include the following information within the request:
(1) the statutory authority for the agency to promulgate the rule(s);
(2) a statement of the effect of the proposed rule(s) on existing practices in the area involved, including cost factors for persons affected by the proposed rule(s);
(3) a statement explaining the computation of the cost factors;
(4) a description, including the names and addresses, if known, of those most likely to be affected by the proposed rule(s); and
(5) documents and data supporting the proposed rule(s).
(d) Petitions that do not contain the information required by Paragraph (b) of this Rule shall be returned to the petitioner by the Director on behalf of the Commission.
History Note: Authority G.S. 143B-282; 150B-20;
Eff. April 1, 2003;
Amended Eff. December 1, 2016; November 1, 2012;
Readopted Eff. February 1, 2021.
15A NCAC 02I .0502 REVIEW BY A COMMITTEE OF THE COMMISSION
(a) The Chair of the Commission may refer complete petitions to the appropriate subject area Committee of the Commission for review and recommended action. Copies of petitions for rulemaking shall be distributed to the Commission members when referred to a Committee of the Commission.
(b) Within 10 days of the assignment of the complete petition, the Chair of the Committee assigned to review a submitted petition for rulemaking shall announce the date of a meeting to consider the petition.
(c) At least 15 days before the Committee meeting, notice of the Committee meeting shall be sent to the petitioner, members of the Commission, and persons who have requested notice of petitions for rulemaking.
(d) If the petition is referred to a Committee, the petitioner shall be afforded the opportunity to present the petition for rulemaking to the Committee. The Director, division staff or their legal counsel may make a presentation to the Committee.
(e) The Chair of the Committee shall allow one interested person to present the viewpoint of those who oppose initiating rulemaking. The Chair of the Committee may determine whether additional interested persons shall make oral presentations before the Committee.
(f) At least 10 days before the Committee meeting, interested persons shall request the opportunity to make a presentation to the Committee through the Director. The request shall:
(1) state the interest of the person;
(2) state the person's position on the petition for rulemaking; and
(3) be accompanied by supporting materials.
(g) During the Committee's review, members of the Commission, other than Committee members, who are present may participate as a member of the Committee in discussions of the petition but may not vote on the recommended action on the petition.
History Note: Authority G.S. 143B-282; 150B-20;
Eff. April 1, 2003;
Readopted Eff. February 1, 2021.
15A NCAc 02I .0503 PRESENTATION TO THE COMMISSION
(a) Petitions for rulemaking shall be presented to the Commission for its consideration and determination at a meeting of the Commission within 120 days following the date of submittal of the petition to the appropriate Division pursuant to Rule .0501 of this Section. If the petition for rulemaking was reviewed by a Committee pursuant to Rule .0502 of this Section, the petition and the Committee's recommended action shall be presented through the Chair of the Committee or other designated member of the Committee during the business session of the Commission. Unless the Chair of the Commission rules otherwise, discussion on the petition shall be limited to the members of the Commission, counsel to the Commission, the Director, or the Division's legal counsel and the petitioner or its legal counsel.
(b) For petitions not referred to a Committee, the Chair of the Commission shall allow one interested person to present the viewpoint of those who oppose initiating rulemaking. The Chair of the Commission may determine whether additional interested persons shall make oral presentations before the Commission. At least 10 days before the Commission meeting, interested persons shall request the opportunity to make a presentation to the Commission through the Director. The request shall:
(1) state the interest of the person;
(2) state the person's position on the petition for rulemaking; and
(3) be accompanied by supporting materials.
(c) Within 120 days following submittal of the petition to the appropriate Division the Commission shall:
(1) grant the petition in writing, notify the petitioner and initiate rulemaking proceedings in accordance with G.S. 150B-20; or
(2) deny the petition in writing, stating the reason or reasons for the denial, and send the written denial to the person(s) who submitted the petition.
History Note: Authority G.S. 143B-282; 150B-20;
Eff. April 1, 2003;
Readopted Eff. February 1, 2021.
15a ncac 02i .0504 RECOURSE TO DENIAL OF PETITION
History Note: Authority G.S. 143B-282; 150B-20;
Eff. April 1, 2003;
Repealed Eff. February 1, 2021.
SECTION .0600 - DECLARATORY RULINGS
15A NCAC 02I .0601 ISSUANCE OF DECLARATORY RULING
At the request of any person aggrieved, as defined in G.S. 150B-2(6), the Commission may issue a declaratory ruling as provided in G.S. 150B-4 and the Rules of this Section.
History Note: Authority G.S. 143B-282; 150B-4;
Eff. August 1, 2004;
Readopted Eff. February 1, 2021.
15a ncac 02I .0602 PROCEDURE FOR SUBMISSION OF PETITION
(a) All requests for a declaratory ruling shall be filed with the Director of the appropriate Division and a copy in electronic form shall also be sent to the Recording Clerk of the Commission:
Director
Division of Air Quality
1641 Mail Service Center
Raleigh, NC 27699-1641
Director
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Director
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Director
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Director
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Recording Clerk of the Commission
Directors Office
Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
EMCclerk@
(b) All requests shall include the following:
(1) name and address of petitioner(s);
(2) the rule, statute or order upon which a ruling is desired;
(3) a statement as to whether the request is for a ruling on:
(A) the validity of a rule; or
(B) the applicability of a rule, order or statute to a given factual situation; or
(C) a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission;
(4) arguments or data which demonstrate that the petitioner is aggrieved by the rule or statute or its potential application to the petitioner;
(5) a statement of the consequences of a failure to issue a declaratory ruling in favor of the petitioner;
(6) a draft of the proposed ruling; and
(7) a statement of whether an oral argument is desired, and, if so, the reason(s) for requesting such an oral argument.
(c) A request for a ruling on the applicability of a rule, order, or statute shall include a statement of the specific facts to a given factual situation and documentation supporting those facts. A request for a ruling on the validity of a Commission rule shall state the aggrieved person's reason(s) for questioning the validity of the rule and a brief or legal memorandum supporting the aggrieved person's position. A request for a ruling to resolve a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission shall include a written description identifying the conflict or inconsistency, the relevant Division(s) and program area(s), the interpretation provided by the agency, and the law or rule in question. A person may ask for multiple types of declaratory rulings in a single request.
(d) In the manner provided in G.S. 150B-23(d), any other person may request to intervene in the request for declaratory ruling. The request to intervene shall be determined by the Chair of the Commission.
History Note: Authority G.S. 143B-282; 150B-4;
Eff. August 1, 2004;
Readopted Eff. February 1, 2021.
15a ncac 02I .0603 DISPOSITION OF REQUEST
(a) The Chair of the Commission shall make a determination on the completeness of the request for declaratory ruling based on the requirements of this Section.
(b) Before the Commission decides the merits of the request, the Chair of the Commission may:
(1) request additional written submissions from the petitioner(s);
(2) request a written response from the Department or any other person;
(3) allow the petitioner to file a reply to the response submitted in Subparagraph (2) of this Paragraph; or
(4) request oral arguments from the petitioner(s) and Department staff or their legal counsel.
(c) The Commission shall make a decision to grant or deny the request according to G.S. 150B-4.
(d) The Commission shall deny the request upon making any of the following findings:
(1) the request is not complete;
(2) the petitioner is not a person aggrieved;
(3) there has been a similar determination in a previous contested case or declaratory ruling;
(4) the matter is the subject of a pending contested case hearing or litigation in any North Carolina or federal court;
(5) no genuine controversy exists as to the application of a statute, order, or rule to the factual situation presented;
(6) the factual context put forward as the subject of the declaratory ruling was considered upon the adoption of the rule being questioned, as evidenced by the rulemaking record;
(7) the information provided by the petitioner, the Department, or any interveners does not support a determination that a rule is invalid; or
(8) there is no material conflict or inconsistency within the Commission or Department regarding the law or rule identified by the petitioner.
(e) The Commission shall keep a record of each declaratory ruling, which shall include the following items:
(1) the request for a ruling;
(2) any written submission by a party;
(3) the given state of facts on which the ruling was based;
(4) any transcripts of oral proceedings, or, in the absence of a transcript, a summary of all arguments;
(5) any other matter considered by the Commission in making the decision; and
(6) the declaratory ruling, or the decision to refuse to issue a declaratory ruling, together with the reasons therefore.
(f) For purposes of this Section, a declaratory ruling shall be deemed to be in effect until:
(1) the statute or rule interpreted by the declaratory ruling is repealed or the relevant provisions of the statute or rule are amended or altered;
(2) any court of the Appellate Division of the General Court of Justice construes the statute or rule which is the subject of the declaratory ruling in a manner that is irreconcilable with the declaratory ruling;
(3) the Commission changes the declaratory ruling prospectively; or,
(4) any court sets aside the declaratory ruling in litigation between the Commission or Department and the party requesting the ruling.
History Note: Authority G.S. 143B-282; 150B-4;
Eff. August 1, 2004;
Readopted Eff. February 1, 2021.
SUBCHAPTER 02J - CIVIL PENALTIES
15A NCAC 02J .0101 PURPOSE AND SCOPE
History Note: Authority G.S. 143-215.3(a)(1);
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019;
Repealed Eff. January 1, 2021.
15A NCAC 02J .0102 DEFINITIONS
15A NCAC 02J .0103 WHO MAY ASSESS
15A NCAC 02J .0104 WHEN ASSESSABLE
History Note: Authority G.S. 87-87; 87-94, 143-212(6); 143-213(18); 143-214.2; 143-215.3(a)(1); 143-215.3(a)(4); 143-215.6(A); 143-215.17(b); 143-215.36(b); 143-215.88A; 143-215.91(a); 143-215.114(a);
Eff. February 1, 1976;
Amended Eff. May 1, 1986; November 1, 1978; September 10, 1976;
Temporary Amendment Eff. September 9, 1988 for a Period of 180 Days to Expire on March 8, 1989;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 1991; March 1, 1989;
Repealed Eff. January 1, 2021.
15A NCAC 02J .0105 AMOUNT OF ASSESSMENT
History Note: Authority G.S. 87-87; 87-94; 143-215.3(a); 143-215.6(a); 143-215.17(b);
143-215.36(b); 143-215.91(a); 143-215.114(a);
Eff. February 1, 1976;
Amended Eff. May 1, 1986; June 1, 1981;
Repealed Eff. July 1, 1988.
15A NCAC 02J .0106 STANDARDS
15A NCAC 02J .0107 PROPOSED ASSESSMENT: ASSESSMENT: MODIFICATION
15A NCAC 02J .0108 PAYMENT: HEARING: REMISSION/MITIGATION
15A NCAC 02J .0109 TENDERS OF PAYMENT: REMISSION/MITIGATION: HEARING REQUEST
15A NCAC 02J .0110 REFERRAL
15A NCAC 02J .0111 REPORTS TO THE COMMISSION
History Note: Authority G.S. 87-87; 87-94; 143-215.3(a)(1),(3); 143-215.6(a); 143-215.17(b); 143-215.36(b); 143-215.91(a); 143-215.114(a);
Eff. February 1, 1976;
Amended Eff. May 1, 1986; June 15, 1980; May 31, 1979;
Repealed Eff. January 1, 2021.
SUBCHAPTER 2K - DAM SAFETY
SECTION .0100 - GENERAL PROVISIONS
15A NCAC 02K .0101 DEFINITIONS
15A NCAC 02K .0102 DAM SAFETY ORDERS
History Note: Authority G.S. 143-215.25; 143-215.32; 143-215.34;
Eff. January 22, 1977;
Amended Eff. November 1, 1978;
Repealed Eff. June 15, 1980.
15A NCAC 02K .0103 PURPOSE
The rules and regulations contained in this Subchapter are intended to carry out the purposes of the Dam Safety Law of 1967, as expressed in G.S. 143-215.24 which authorizes the implementation of a dam inspection and certification program in the interest of public health, safety and welfare.
History Note: Authority G.S. 143-215.31; 143-215.34;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0104 DEFINITIONS
As used in this Subchapter, the following terms have their stated meaning:
(1) "Applicant" means any person who has notified the department that he or she desires to construct, repair, alter, or remove a dam and requests approval by the department.
(2) "Appurtenance" means an accessory or integral subordinate structure associated with a dam, such as a spillway, conduit, walkway, valve, control gate, etc.
(3) "Articulation" means provisions for safe movement at the joint or juncture of sections of conduit.
(4) "As-built plans" means drawings, photographs, test data, and descriptions that clearly and accurately define the dam and its appurtenances after all construction is completed.
(5) "Conduit" means a natural or artificial channel or pipe through which water or other fluid is conveyed.
(6) "Critical circle" means the circle with the lowest factor of safety against mass movement in a circular arc analysis of slope stability.
(7) "Critical failure wedge" means the mass or block having the lowest factor of safety against mass movement in an analysis of slope stability along planar surfaces.
(8) "Director" means the Director of the Division of Energy, Mineral, and Land Resources, North Carolina Department of Natural Resources and Community Development.
(9) "Equipotential lines" means lines which represent points of equal energy level or head in a flow net.
(10) "Factor of safety" means the ratio of the forces or moments resisting mass movement to the forces or moments tending to produce mass movement.
(11) "Flow lines" means lines which represent the direction of flow in a flow net.
(12) "Flow net" means a graphical representation of flow lines and equipotential lines.
(13) "Hazard potential" means the probable damage that would occur if the structure failed, in terms of loss of human life and economic loss or environmental damage.
(14) "Maintenance plan" means written instructions prepared by the engineer that prescribe the proper servicing and repair of mechanical equipment, appurtenances, spillways, vegetative cover, and other aspects related to the safety of the dam.
(15) "Owner" means the individual or association of individuals owning the property on which the dam exists or is to be constructed, and the persons financially responsible for the construction.
(16) "Phreatic surface" means the free-water surface of a zone of seepage; it is represented by the uppermost flow line, or seepage line, in a flow net.
(17) "Qualified engineer" means a professional engineer legally qualified to practice in North Carolina pursuant to Chapter 89C of the General Statutes of North Carolina, and having appropriate specialty expertise for the particular dam engineering problem with which he is involved.
(18) "Qualified geologist" means an earth scientist experienced in applied geology with respect to the interaction of lithologies, soils, and geologic structures with dams and impoundments, who can provide professional credentials such as certification by the American Institute of Professional Geologists or registration as a geologist in the United States.
(19) "Quality control" means that combination of testing, observation, and monitoring provided during construction to confirm that requirements stated or depicted in the plans and specifications are being achieved.
(20) "Rapid drawdown" means removal of liquid from a reservoir at a rate that is significantly faster than the rate of drainage of the materials composing the portions of the reservoir exposed by the fluid removal.
(21) "Seepage" means the movement of water in a porous material and the water exiting at the visible surface of the material.
(22) "Sliding base analysis" means an analysis of the safety of a structure against lateral movement along its foundation.
(23) "Waste treatment and mine refuse dam" means a structure for impounding, restraining, storing, or disposing of liquids, slurries, or materials capable of liquification, produced from industrial, commercial, municipal, agricultural, or mining activities.
(24) "Construction" means any action, other than by natural causes, that creates a structure capable of impounding water or other liquids, or which increases the impoundment capacity of an existing structure. For the purposes of 15A NCAC 2K .0222, it shall also mean the reduction of the height or impoundment capacity of a dam when the effect of such reduction will be to exempt the dam from the North Carolina Dam Safety Law of 1967.
History Note: Authority G.S. 143-215.25; 143-215.31;
Eff. June 15, 1980;
Amended Eff. July 1, 1988; November 1, 1984;
Temporary Amendment Eff. November 1, 1990 For a Period of 180 Days to Expire on April 29, 1991;
ARRC Objection Lodged November 14, 1990;
ARRC Objection Removed December 20, 1990;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0105 CLASSIFICATION OF DAMS
(a) For the purposes of this Subchapter, dams shall be divided into three classes, which shall be known as class A (low hazard), class B (intermediate hazard), and class C (high hazard):
(1) Class A includes dams located where failure may damage uninhabited low value non-residential buildings, agricultural land, or low volume roads.
(2) Class B includes dams located where failure may damage highways or secondary railroads, cause interruption of use or service of public utilities, cause minor damage to isolated homes, or cause minor damage to commercial and industrial buildings. Damage to these structures will be considered minor only when they are located in back water areas not subjected to the direct path of the breach flood wave; and they will experience no more than 1.5 feet of flood rise due to breaching above the lowest ground elevation adjacent to the outside foundation walls or no more than 1.5 feet of flood rise due to breaching above the lowest floor elevation of the structure, the lower of the two elevations governing. All other damage potential will be considered serious.
(3) Class C includes dams located where failure will likely cause loss of life or serious damage to homes, industrial and commercial buildings, important public utilities, primary highways, or major railroads.
(b) Classifications shall be proposed by the design engineer and are subject to approval by the Director.
(c) Probable future development of the area downstream from the dam that would be affected by its failure shall be considered in determining the classification.
(d) Dams will be subject to reclassification if the Director determines that the hazard potential has changed. Non-structural provisions of adequately demonstrated effectiveness and reliability such as flood plain zoning, and early warning systems may be considered by the Director in making this determination.
(e) When dams are spaced so that the failure of an upper dam would likely fail a lower dam, the consequence of the lower dam's failure shall be a determining factor for the upper dam's hazard classification.
(f) In assigning a hazard classification where a bridge or roadway is the only damageable property below a dam, consideration shall be given to the possibility of loss of human life, indirect economic impact through loss of service, and direct cost of damage to the bridge or roadway.
History Note: Authority G.S. 143-215.31; 143-215.34;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
SECTION .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL
15A NCAC 02K .0201 APPLICATIONS
(a) Any person(s) who proposes to construct, repair, alter or remove a dam must file with the Director a statement concerning the location of the dam, including the name of the stream and county, height, purpose, and impoundment capacity, 10 days before start of construction. If the Director determines that the proposed dam is exempt from the law, the applicant will be notified and he may then proceed with the construction.
(b) If the Director determines that the proposed dam is not exempt from the Dam Safety Law of 1967, the applicant will be so notified within 10 days of receipt of the statement described in (a) of this Rule and construction may not commence until a full and complete application has been filed and approved. This application must be filed at least 60 days before the proposed start of construction:
(1) When an application to construct a dam has been completed pursuant to Subsection (a) of this Rule, the department shall refer copies of the completed application papers to the Department of Human Resources, the Wildlife Resources Commission, the Department of Transportation, and such other state and local agencies as it deems appropriate for review and comment.
(2) Before commencing the repair, alteration, or removal of a dam, application shall be made for written approval by the department, except as otherwise provided by this Subchapter or in accordance with G.S. 143-215.27(b). The application shall state the name and address of the applicant; shall adequately detail the changes it proposes to effect; and shall be accompanied by maps, plans, and specifications setting forth such details and dimensions as the department requires. The department may waive such requirements in accordance with G.S. 143-215.27(a). The application shall give such other information concerning the dam and reservoir required by the department concerning the safety of any change as it may require, and shall state the proposed time of commencement and completion of the work. When an application has been completed, it may be referred by the department for agency review and report as provided by G.S. 143-215.26(b) in the case of original construction.
(c) The application for any dam shall include a preliminary report. (Filing of the preliminary report prior to filing the final design report, early in the site investigation and design schedule, is encouraged to assure the state's concurrence with the hazard classification, site investigation, and design concept. This is especially encouraged for class C dams.) The preliminary report shall be filed with the application and shall include the following information:
(1) a general description of the dam and appurtenances and a proposed classification as set forth in Rule .0105 of this Subchapter; The description shall include a statement of the purpose for which the dam is to be used;
(2) a description of properties located below the dam including number of homes, buildings, roads, utilities, and other property that, as determined by the engineer, would be endangered should failure of the dam occur;
(3) maps showing the location of the proposed structure that include the county, location of state roads, access to site, and outline of the reservoir; aerial photographs or USGS maps may be used;
(4) preliminary drawings or sketches that include cross-sections, plans and profiles of the dam, proposed pool levels, and types of all spillways;
(5) preliminary design criteria and basis for selection including a description of the size, ground cover conditions, and extent of development of the watershed, drainage area, spillway design storm, geology and geotechnical engineering, assumptions for the foundation and embankment materials, and type of materials to be used in the principal spillways(s).
(d) The Final Design Report. A "Certificate of Approval" to construct will not be issued until the final design report is received and approved. The preliminary report as described in (c) of this Rule and the final design report may be submitted as one document. The final design report shall include:
(1) a report of the investigation of the foundation soils or bedrock and the borrow materials, including the location of borrow areas, that are to be used to construct the dam;
(2) criteria to indicate that the dam will be stable during construction and filling and under all conditions of reservoir operations;
(3) computations indicating that the dam is safe against overtopping during occurrence of the inflow design flood and wave action; Wave action need not be considered when the design flood is based on the probable maximum precipitation (pmp);
(4) criteria, design data or references to indicate that seepage flow through the embankment, foundation, and abutments will be controlled so that no internal erosion will take place and so there will be no sloughing in the area where the seepage emerges;
(5) calculations and assumptions relative to design of the spillway(s);
(6) provision to protect the upstream slope, crest, and downstream slope of earth embankments and abutments from erosion due to wind and rain;
(7) other design data, assumptions, and analysis data pertinent to individual dams and site conditions;
(8) a proposed construction schedule;
(9) a proposed filling schedule for the reservoir;
(10) a maintenance and operation plan;
(11) the estimated design life of the dam and the reservoir;
(12) provision for maintaining minimum stream flow requirements.
(e) The Plans and Specifications. Five sets of plans and specifications must be submitted. The plans shall be a detailed engineering design that consists of drawings and specifications and that include the following as a minimum:
(1) Sheet one shall show the name of the project; name of owner; hazard classification of the dam; designated access to the project; and location with respect to highways, roads, streams, and any dam(s) that would affect or be affected by the proposed structure;
(2) Maps shall be included showing the drainage area and outline of the reservoir and the ownership of properties covered by the reservoir or flood pool;
(3) Geologic investigation, cross-section, profiles, logs of borings, location of borrow areas, drawings of principal and emergency spillways, and other additional sheets shall be included and drawn in sufficient detail to clearly indicate the extent and complexity of the work to be performed; The degree of detail required shall be determined by the applicable provisions of Rules .0204 through .0212 of this Section;
(4) The technical provisions, as may be required, to describe the method of construction and quality control for the project;
(5) Special provisions, as may be required, to describe technical provision needed to ensure that the dam is installed according to the approved plans and specifications;
(6) General provisions that specify the rights, duties, and responsibilities of the applicant, applicant's engineer and builder and the prescribed order of work.
(f) The Director, within 60 days following receipt of a completed application, shall notify the applicant, by mail, that the application is either approved or disapproved. An approved application shall conform to the requirements of Rule .0202 of this Section.
History Note: Authority G.S. 143-215.26, 143-215-2; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0202 CERTIFICATE OF APPROVAL
(a) Approval of construction, repair, alteration, or removal of a dam will be contained in a certificate called a "Certificate of Approval" to be issued by the Director. A Certificate of Approval is a letter from the Director constituting approval subject to written general stipulations and specific written stipulations deemed necessary by the Director on a case by case basis.
(b) No construction shall be performed until the certificate is issued. The Certificate of Approval period shall be valid for the construction schedule specified in the approved final design report. Construction must commence within one year after the certificate is issued.
(c) Notice by registered or certified mail shall be given to the Director at least 10 days before construction is commenced. When repairs are necessary to safeguard life and property, they may be started immediately; but the department shall be notified forthwith of the proposed repairs and of the work under way, and they shall be made to conform to its orders.
(d) If construction does not commence within one year after the certificate of approval is issued, the certificate shall expire and a new application shall be submitted. Upon written application and for good cause shown, the Director may extend the time for commencing construction.
(e) Certificates of Approval are revocable in the event that the terms of the certificate, including the written stipulations and those terms stated in G.S. 143-215.23, are violated or in the event that conditions develop during construction that are hazardous to life and property. If the certificate is revoked due to development of hazardous conditions, the Director will issue an order requiring the owner or owners of the dam to make at his or their expense maintenance, alterations, or removal as deemed necessary within a time limited by the order; provided, any dam covered by a certificate issued under this Rule is considered to be within the definition of dams in G.S. 143-215.25 and .0104 of this Subchapter.
(f) Certificates of Approval are revocable in the event that the approved construction schedule is deviated from without prior written approval of a substitute construction schedule submitted in writing. Such approval of a substitute construction schedule shall be in the form of an Addendum to the Certificate of Approval to be issued by the Director.
History Note: Authority G.S. 143-215.26,-27,-31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0203 PROFESSIONAL ENGINEER REQUIREMENTS
The design, preparation of the plans and specifications, inspection of the construction of or on the dam, and certification that the dam was constructed, repaired, altered, or removed according to the plans approved by the Director and that the dam or its remains are safe shall be done by a legally qualified engineer and shall bear his professional seal unless exempted under the provisions of G.S. 89C-25.
History Note: Authority G.S. 143-215.29,-31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0204 INVESTIGATIONS
(a) General. The applicant shall be required to complete all investigations prior to submission of the final plans and application. The scope and the degree of precision that will be required for a specific project will depend on the conditions of the site and the hazard created by the proposed structure.
(b) Foundations and Abutments. The foundation and abutments investigation shall consist of borings, test pits, and other subsurface exploration necessary to assess the soil, rock, and groundwater conditions. Geologic profiles and a geologic report prepared by a qualified geologist may be required for class B dams and shall be required for class C dams.
(c) Construction Materials. Specifications for construction materials shall establish minimum acceptance criteria so that design properties are achieved. If the use of on site borrow materials is specified, exploration, testing, and calculations should be performed to indicate that there are sufficient quantities of material available that meet the design criteria.
(d) Surveys. Surveys shall be made with sufficient accuracy to locate the proposed construction and to define the volume of the storage in the reservoir. The downstream area shall be investigated in order to delineate the area of potential damage in case of failure. Locations of centerlines, and other horizontal and vertical control points, shall be shown on a map of the site.
(e) Hydrologic Investigation. The drainage area shall be determined. Both present and projected future land use shall be considered in determining the runoff characteristics of the drainage area. The most severe of these two conditions shall be used in the design. All hydrologic assumptions and design calculations shall be included in the report.
History Note: Authority G.S. 143-215.26,-27,-31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0205 SPILLWAY DESIGN
(a) All dams shall have a spillway system with capacity to pass a flow resulting from a design storm indicated in (e) of this Rule for a hazard classification appropriate for the dam, unless the applicant provides calculations, designs, and plans to show that the design flow can be stored, passed through, or passed over the dam without failure occurring.
(b) A vegetated earth or unlined emergency spillway will be approved when computations indicate that it will pass the design storm without jeopardizing the safety of the structure. The risk of recurring storms, excessive erosion, and inadequate vegetative cover will be considered acceptable in such a spillway when its average frequency of use is predicted to be no more frequent than once in 25 years for existing class B and for class A dams except for small class A dams designed in accordance with all design criteria established by the U.S.D.A, Soil Conservation Service, and as contained in Engineering Standard 378 of the U.S.D.A., Soil Conservation Service; once in 50 years for new class B, small and medium new class C, and existing class C dams; and once in 100 years for large and very large new class C dams. The dam sizes referred to in this Subsection are defined in (e) of this Rule.
(c) Lined Spillways and Channels. The design report shall include design data criteria for open channel, drop, ogee, and chute spillways and other spillway types that include crest structures, walls, channel lining, and miscellaneous details. All masonry or concrete structures shall have joints that are relatively water-tight and shall be placed on foundations capable of sustaining applied loads without undue deformation. Provisions must be made for handling leakage from the channel or underseepage from the foundation which might cause saturation of underlying materials or uplift against the undersurfaces.
(d) Within 15 days following passage of the design storm peak, the spillway system shall be capable of removing from the reservoir at least 80 percent of the water temporarily detained in the reservoir above the elevation of the primary spillway.
(e) It is recognized that the relationships between valley slope and width, total reservoir storage, drainage area, other hydrologic factors, and specific cultural features have a critical bearing on determining the safe spillway design flood. Rational selection of a safe spillway design flood for specific site conditions based on quantitative analysis is acceptable. The spillway should be sized so that the increased downstream damage resulting from overtopping failure of the dam would not be significant as compared with the damage caused by the flood in the absence of dam overtopping failure. A design storm more frequent than once in 100 years will not be acceptable for any class C dam. In lieu of quantitative analysis, the following tables shall be used as criteria for spillway design storms and permissible velocities for vegetated earth spillways:
|CRITERIA FOR SPILLWAY DESIGN STORM |
|SIZE CLASSIFICATION |
|Size |Total Storage (Ac-Ft)1 |Height (ft)1 |
|Small |less than 750 |less than 35 |
|Medium |equal to or greater than 750 and less than 7,500 |equal to or greater than 35 and less than 50 |
|Large |equal to or greater than 7,500 and less than 50,000 |equal to or greater than 50 and less than 100 |
|Very Large |equal to or greater than 50,000 |equal to or greater than 100 |
1 The factor determining the largest size shall govern
|MINIMUM SPILLWAY DESIGN STORMS |
|Hazard |Size |Spillway Design Flood (SDF) |
|Low (Class A) |Small |50 year |
| |Medium |100 year |
| |Large |1/3 PMP |
| |Very Large |1/2 PMP |
|Intermediate (Class B) |Small |100 year |
| |Medium |1/3 PMP |
| |Large |1/2 PMP |
| |Very Large |3/4 PMP |
|High (Class C) |Small |1/3 PMP |
| |Medium |1/2 PMP |
| |Large |3/4 PMP |
| |Very Large |PMP |
|PERMISSIBLE VELOCITIES FOR VEGETATED EARTH SPILLWAYS |
| |Permissible velocity1 feet per second |
| |Erosion resistant soils |Easily erodible soils |
| |Slope of exit channel |Slope of exit channel |
| |Percent |Percent |
|Vegetation |0 to 5 |5 thru 10 |0 to 5 |5 thru 10 |
|Bermuda Grass |8 |7 |6 |5 |
|Bahia grass | | | | |
|Tall fescue |7 |6 |5 |4 |
|Kentucky bluegrass | | | | |
|Reed canary | | | | |
|Sod forming |5 |4 |4 |3 |
|grass mixture | | | | |
|Lespedeza sericea |3.5 |Do not use |2.5 |Do not use |
|Weeping lovegrass | | | | |
|Alfalfa | | | | |
|Crabgrass | | | | |
2 Increase values 10 percent when the anticipated average use of the spillway is not more frequent than once in 50 years or 25 percent when the anticipated average use is not more frequent than once in 100 years.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0206 CONDUITS
(a) A conduit shall be provided to drain each reservoir. The conduit design shall include the computation of the minimum time required to drain the reservoir.
(b) All pipe conduits shall convey water at the design velocity without damage to the interior surface.
(c) Protection shall be provided to prohibit unsafe seepage along conduits through the dam, abutments, and foundation. The specific design for seepage protection along conduits shall be shown in the drawings and specifications.
(d) Adequate allowances shall be incorporated in the design to compensate for differential settlement and possible elongation of the pipe conduit.
(e) Trash racks shall be installed at the intake of conduits to prevent clogging the conduit.
(f) Pipe Conduit Spillway Materials
(1) Pipe conduits shall be designed to support the total external loads in addition to the total internal hydraulic pressure without leakage.
(2) Reinforced or Prestressed Concrete Pipe Conduits
(A) All conduits are to be designed and constructed to remain watertight under maximum anticipated hydraulic pressure and maximum probable joint opening, including the effects of joint rotation and extensibility.
(B) Provisions for safe movement of the barrel are to be provided at each joint in the barrel and at the junction of the barrel and riser or inlet. Cradles are to be articulated if constructed on a yielding foundation.
(C) The engineer shall submit the final design details of the proposed pipe to be used for all class A dams where the height of the dam exceeds 35 feet and all class B and C dams.
(3) Corrugated Metal Pipe Conduits
(A) Corrugated metal pipe shall not be used in class A dams over 35 feet high or in class B and C dams, except for special cases when the design engineer can adequately demonstrate satisfactory performance.
(B) Corrugated metal pipe may be used in class A dams which are less than 35 feet high.
(C) Corrugated metal conduits shall have watertight connecting bands designed and installed to remain watertight under maximum anticipated hydrostatic head and joint rotation.
(D) Flange type couplings shall not be used for corrugated metal pipe or corrugated steel pipe where the diameter exceeds 12 inches unless the applicant produces computations to verify that the flanges and the pipe conduit are of such design to safely support the total external loads in addition to the total internal hydraulic pressure without leakage.
(g) Dissipating Devices. All gates, valves, conduits and concrete channel outlets shall be provided with a dissipator designed and constructed to control erosion and prevent damage to the embankment or the downstream outlet or channel.
(h) In the case of repair to an existing dam, the engineer may determine that the conduit should not be repaired or replaced and shall submit reasoning to support this determination in the application for the Certificate of Approval to repair. The Director shall approve, disapprove, or approve in part this determination.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0207 SEEPAGE CONTROL
(a) All dams shall be designed and constructed to prevent the development of instability due to excessive seepage forces, uplift forces, or loss of materials in the embankment, abutments, spillway areas, or foundation. Seepage analysis for design shall identify areas having high internal uplift or exit gradients.
(b) The design may include an embankment internal drainage system, a zoned embankment, a foundation cut-off, an upstream blanket, a sufficiently wide homogeneous section, or other methods to protect against instability from excessive seepage forces or high hydraulic gradients.
(c) For class C dams, a flow net analysis shall be made to determine the location of the phreatic surface, flow lines, and equipotential lines within the embankment and its foundation. This analysis may be based on graphical construction, electrical or liquid analogs, soil prototype methods, or other accepted methods. The flow net and stability analysis shall use the maximum operating pool level with not less than five feet of clear water at the surface. Possible fluctuations in tail water elevation shall be included in the analysis. The flow net and seepage analysis shall be documented in the final design report, as required by .0201(d)(4) of this Section.
(d) Piezometers for confirming the location of the phreatic surface assumed for seepage and slope stability analyses should be considered by the design engineer for class A and class B dams and shall be required for class C dams. Where piezometers are required, their design, depths, and locations shall be provided as required in .0201(d) and .0212(b) of this Section.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0208 STRUCTURAL STABILITY AND SLOPE PROTECTION
(a) Design and construction of dams to assure structural stability shall be consistent with modern engineering practice. The scope and degree of precision that will be required for a specific project will depend on the conditions of the site and the damage potential of the proposed structure. Consideration in design for structural stability shall include, but are not necessarily limited to, the following:
(1) the hazard potential of the dam under present downstream conditions and under conditions which would likely develop during the life of the reservoir;
(2) foundation bearing capacity, compressibility, and permeability; the extent and reliability of the site investigation; and the predictability of the site and foundation conditions;
(3) the reliability of construction materials, such as borrow soils, in terms of sufficient volume to complete construction without unanticipated interruption and in terms of predictability of physical properties such as strength, permeability, and compressibility;
(4) durability of construction materials;
(5) construction conditions at the site;
(6) the degree of quality control to be exercised during construction;
(7) pore pressure build-up during construction;
(8) the rate of filling the reservoir and the rate of possible reservoir drawdown;
(9) tailwater conditions and the impact of tailwater drawdown;
(10) possible effects of landslides and subsurface solution activity on the structural stability of the dam and spillway structures;
(11) the extent of piezometers and other devices which will be used to monitor the completed dam and the degree of access for inspections.
(b) Slope stability analyses should be considered by the design engineer for all embankment dams and may be required for class B and class C dams. Where slope stability analyses are required, documentation in the final design report shall include the design cross section(s) showing the soil parameters assumed for analysis, the location of the phreatic surface assumed for analysis, stability computations, and the location and computed safety factor(s) for the most critical circle(s) or failure wedge(s). A minimum factor of safety of 1.5 for slope stability for normal loading conditions, and 1.25 for quick drawdown conditions and for construction conditions, shall be required unless the design engineer provides a thoroughly documented basis for using other safety factors.
(c) Foundation bearing capacity and sliding base analyses should be considered for all dams and may be required for class B and C dams. Where bearing capacity or sliding base analyses are required, documentation of assumptions, computations, and safety factors shall be included in the final design report. A minimum factor of safety against bearing capacity and sliding wedge failure of 2.0 shall be required unless the design engineer provides a thoroughly documented basis for using other safety factors.
(d) Resistance of appurtenant structures against flotation uplift shall be provided for all dams. If the structures are anchored by dead weight alone, the buoyant weight shall be used for analysis and the minimum factor of safety shall be 1.15. If the structures are anchored to soil or rock, the minimum factor of safety for that portion of the resistance provided by soil or rock anchorage shall be 2.0 unless the design engineer provides a thoroughly documented basis for using a lower safety factor.
(e) For concrete, masonry, or other similar dams of relatively narrow cross section, resistance against overturning under maximum design loading conditions shall be considered; overturning stability computations shall be required for class B and class C dams. Where overturning analyses are required, the computations shall be included in the final design report. The minimum safety factor against overturning under maximum design loading conditions shall be 1.5 unless the design engineer provides a thoroughly documented basis for using a lower safety factor.
(f) The anticipated reservoir and tailwater drawdown conditions shall be considered in all stability computations and shall be included in the design documents provided in the final design report.
(g) The slopes must be protected against erosion by wave action, and the crest and downstream slope must be protected against erosion due to wind and rain. Riprap and other erosion protection shall be provided over the full range in stage between the lowest drawdown elevation and at least two feet above full normal pool. Exceptions for slowly rising reservoirs, such as waste storage facilities, may be approved in writing by the Director.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0209 DESIGN LIFE OF A DAM AND RESERVOIR
(a) The selection of materials and equipment to be used in a dam and all of its appurtenant features shall either be based on sufficient quality and durability to satisfactorily function throughout the design life or shall provide for safe and economical replacement within the design life span.
(b) The design life of a dam and reservoir is the period of time the dam and reservoir can be expected to perform effectively as planned. The design life of a dam shall be determined by the following:
(1) the time required to fill the reservoir with sediment from the contributing watershed,
(2) the durability of appurtenances and materials used to construct the dam,
(3) the time required to permanently fill a waste treatment or storage facility with waste,
(4) the time required to perform the specific function for which the dam was designed.
History Note: Authority G.S. 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0210 SEDIMENT CONTROL
Sediment control related to earth moving activities involved in construction or repair of dams shall be provided in accordance with the North Carolina Sediment Pollution Control Act of 1973 (G.S. 113A-50 through 113A-66). Devices for sediment control during drainage of a reservoir shall be provided; exceptions for emergency drainage of a reservoir may be approved by the Director.
History Note: Authority G.S. 143-215.31, -113A-54;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0211 WASTE TREATMENT AND MINE REFUSE DAMS
(a) Waste treatment and mine refuse dams and reservoirs shall conform to all requirements of this Subchapter. In addition to the requirements of Rule .0105 of this Subchapter, a waste treatment or mine refuse dam may be classified A, B, or C on the basis of potential environmental damage.
(b) Mine refuse dams that are designed to be constructed in stages shall include an emergency spillway system that is capable of safely passing the required storm frequency below the top of the dam for each stage of construction. The refuse facility shall not be used until each stage of construction is completed and approved by the Director.
History Note: Authority G.S. 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0212 ADDITIONAL DESIGN REQUIREMENTS
(a) All elements of the dam and reservoir shall conform to generally accepted engineering standards. The safety factors, design standards, and design references that are used shall be included with the final design report and the plans and specifications as set forth in Rule .0201 of this Section.
(b) Monitoring or inspection devices may be required by the Director for use by inspectors or owners in the inspection during construction and filling and after completion of construction if the Director determines that these measures are needed to carry out the purposes of the Dam Safety Law of 1967. The Director shall also require that monitoring or inspection devices be observed and the information recorded and made available to the Department.
(c) The plans, construction schedule, and construction specification shall also contain the elements necessary to achieve the conditions specified in G.S. 143-215.31(b).
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Readopted Eff. December 1, 2018.
15A NCAC 02K .0213 CONSTRUCTION SCHEDULE
The applicant shall submit a construction schedule that includes:
(1) Techniques and work force to be used to insure that the dam is constructed according to the plans and specifications;
(2) A construction schedule that includes the estimated time to complete the construction activities;
(3) Techniques to be used to divert the stream flow to prevent interference with construction and hazard to life, health, or property;
(4) The extent and method of quality control shall be subject to approval of the Director.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0214 PROPOSED CHANGES IN DESIGN
The owner shall notify the director of any proposed changes in design, plans, and specifications that will affect the stability of the dam. Approval must be obtained from the Director prior to installation. This approval shall be in the form of a written addendum to the Certificate of Approval.
History Note: Authority G.S. 143-215.26; 143-215.27; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0215 AS-BUILT PLANS
Two complete sets of as-built plans shall be submitted to the Director within 30 days of completion of the project.
History Note: Authority G.S. 143-215.30; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0216 ENGINEER'S CERTIFICATION
The engineer who has inspected the construction of or on the dam shall submit written certification bearing his professional seal, unless exempted under the provisions of G.S. 89C-25, that the dam and all appurtenances have been built, repaired, altered, or removed in conformance with the plans, specifications, and drawings approved by the Director and that the dam is safe.
History Note: Authority G.S. 143-215.30; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0217 AUTHORITY FOR INSPECTION
Authorized personnel of the department may make inspection during construction as deemed necessary to ensure that the structure is being built in conformance with the Certificate of Approval issued. Said inspections do not relieve the engineer in charge from the responsibility of providing adequate inspection of the work.
History Note: Authority G.S. 143-215.29; 143-215.30; 143-215.31;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0218 EXEMPTIONS
History Note: Authority G.S. 143-215.21; 143-215.31;
Eff. June 15, 1980;
Amended Eff. November 1, 1985;
Repealed Eff. July 1, 1988.
15A NCAC 02K .0219 ACCEPTABLE DESIGN: PROCEDURES AND TECHNICAL REFERENCES
The following represent acceptable design procedures and references:
(1) the design procedures, manuals, and criteria used by the United States Corps of Engineers;
(2) the procedures, manuals, and criteria used by the United States Soil Conservation Service;
(3) the procedures, manuals, and criteria used by the United States Department of Interior, Bureau of Reclamation;
(4) other procedures that are approved by the Director.
History Note: Authority G.S. 143-215.31; 143-215.34;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0220 GRANTING OF FINAL APPROVAL
(a) Unless the Director has reason to believe that the dam, as completed, is unsafe or not in compliance with any applicable requirement, regulation, or law, the Director, upon completion of construction and upon receipt of the engineer's certification pursuant to Rule .0215 of this Section, shall grant final approval of the work in accordance with the certificate, subject to such terms as he/she deems necessary for the protection of life and property.
(b) Pending issuance of final approval, a new dam or the addition to an existing dam shall not be used except on written consent of the Director and subject to conditions he/she may impose relating to safety of life and property and the satisfaction of minimum stream flow requirements.
History Note: Authority G.S. 143-215.3; 143-215.30;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0221 DELEGATION OF AUTHORITY
The Director has the authority to:
(1) issue approval, disapproval, or approval subject to conditions for proposed construction, repair, alteration or removal of dams;
(2) require progress reports, issue notices of non-compliance and orders to comply, order a halt in construction in the event of non-compliance;
(3) receive notices of completion, specify details of description, grant final approval;
(4) assess civil penalties; and
(5) perform other related functions.
History Note: Authority G.S. 143-215.3; 143-215.3(a)(4); 143-215.28; 143-215.29; 143-215.30; 143-215.36(b);
Eff. June 15, 1980;
Amended Eff. November 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0222 APPLICATION PROCESSING FEES
(a) A nonrefundable minimum application processing fee, in the amount stated in Paragraph (d)(1) of this Rule, shall be paid when an application for construction or removal of a dam is filed in accordance with 15A NCAC 2K .0201. Each application for construction or removal of a dam shall be deemed incomplete and shall not be reviewed until the minimum application processing fee is paid.
(b) A nonrefundable additional application processing fee, in the amount stated in Paragraph (d)(2) of this Rule, shall be paid when the as-built plans are submitted to the Director in accordance with 15A NCAC 2K .0215. Final approval to impound, pursuant to 15A NCAC 2K .0220, shall not be granted until the owner's certification and the accompanying documentation are filed in accordance with Paragraph (e) of this Rule, and the additional processing fee is paid.
(c) The application processing fee for the construction or removal of a dam shall be based on the actual cost of construction or removal of the applicable dam.
(1) The actual cost of construction or removal of a dam shall include all labor and materials costs associated with the construction or removal of the dam and appurtenances.
(2) The actual cost of construction or removal of a dam shall not include the costs associated with acquisition of land or right of way, design, quality control, electrical generating machinery, or constructing a roadway across the dam.
(d) Schedule of Fees:
(1) The minimum application processing fee shall be two hundred dollars ($200.00).
(2) The additional application processing fee shall be the following percentages of the cost of construction or removal:
(A) 2 percent of the actual costs between ten thousand and one dollars ($10,001) and one hundred thousand dollars ($100,000);
(B) 1.5 percent of the actual costs between one hundred thousand and one dollars ($100,001) and five hundred thousand dollars ($500,000);
(C) 1.0 percent of the actual costs between five hundred thousand and one dollars ($500,001) and one million dollars ($1,000,000);
(D) 0.5 percent of the actual costs over one million dollars ($1,000,000).
In no case, however, shall the additional application fee be more than fifty thousand dollars ($50,000).
(e) Immediately upon completion of construction or removal of a dam, the owner shall file with the Director a certification, on a form prescribed by the Department, and accompanying documentation, which shows the actual cost incurred by the owner for construction or removal of the applicable dam.
(1) The owner's certification and accompanying documentation shall be filed with the as-built plans and the engineer's certification in accordance with 15A NCAC 2K .0215 and 15A NCAC 2K .0216, respectively.
(2) If the Director finds that the owner's certification and accompanying documentation contain inaccurate cost information, the Director shall either withhold final impoundment approval, or revoke final impoundment approval, until the owner provides the accurate documentation and that documentation has been verified by the Department.
(f) Payment of the dam application processing fee shall be by check or money order made payable to the "N.C. Department of Environment, Health, and Natural Resources". The payment should refer to the applicable dam.
(g) In order to comply with the limit on fees set forth in G.S. 143-215.28A, the Director shall, in the first half of each state fiscal year, project revenues for the fiscal year from fees collected pursuant to this Rule. If this projection shows that the statutory limit will be exceeded, the Director shall order a pro rata reduction in the fee schedule for the remainder of the fiscal year to avoid revenue collection in excess of the statutory limits.
History Note: Authority G.S. 143-215.28A;
Temporary Rule Eff. November 1, 1990 For a Period of 180 Days to Expire on April 29, 1991;
ARRC Objection Lodged November 14, 1990;
ARRC Objection Removed December 20, 1990;
Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0223 DAM HEIGHT AND STORAGE DETERMINATION
(a) For the purpose of determining size classification, the height of a dam shall be measured from the highest point on the crest of the dam to the lowest point on the downstream toe.
(b) The total storage capacity of a dam shall be that volume which would be impounded at the elevation of the highest point on the crest of the dam.
History Note: Authority G.S. 143-215.31;
Temporary Rule Eff. November 1, 1990 For a Period of 180 Days to Expire on April 29, 1990;
ARRC Objection Lodged November 14, 1990;
ARRC Objection Removed December 20, 1990;
Eff. January 1, 1991;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0224 ADDITIONAL REQUIREMENTS FOR DAMS that IMPOUND Coal Combustion Residuals
(a) For the purposes of this Rule:
(1) "CCR" means Coal Combustion Residuals.
(2) "CCR unit" means any CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit, or a combination of more than one of these units, based on the context of the paragraph(s) in which it is used. This term includes both new and existing units, unless otherwise specified in this Subchapter or the Dam Safety Law of 1967. For the purpose of this Rule, the term only applies to CCR dams and surface impoundments.
(3) "Dam" means a structure and appurtenant works erected to impound or divert water.
(4) "Design flood" means the flood hydrograph that is used during an engineering assessment of the CCR unit.
(5) "Liquefaction" means a phenomenon whereby a saturated or partially saturated soil loses strength and stiffness in response to an applied stress, usually earthquake shaking or other sudden change in stress condition, causing it to behave like a liquid.
(6) "Probable Maximum Flood" or "PMF" means the theoretically largest flood resulting from the most severe combination of meteorological and hydrological conditions that could conceivably occur in the drainage basin. The PMF is the runoff resulting from the Probable Maximum Precipitation.
(7) "Probable Maximum Precipitation" or "PMP" means the theoretically greatest depth of precipitation for a given duration that is physically possible over a given storm area at a particular geographical location at a certain time of the year. Estimates of rainfall amounts and distributions associated with the PMP can be found at the following locations: and
(8) "Toe" means the point of intersection between the upstream or downstream face of a dam and the natural ground.
(9) "100-year flood" means a flood that has a 1-percent chance of recurring in any given year. Rainfall amounts for the 100-year flood can be found at: .
(10) "1000-year flood" means a flood that has a 0.1-percent chance of recurring in any given year. Rainfall amounts for the 1000-year flood can be found at: .
(b) This Rule shall apply to a CCR unit that meets one or more of the following:
(1) has a dam height of 25 feet or more above the downstream toe of the structure and has a storage volume of 50 acre-feet or more, unless the unit is exempt by G.S. 143-215.25A;
(2) contains residuals to an elevation of five feet or more above the downstream toe of the structure and that has a storage volume of 20 acre-feet or more;
(3) contains residuals to an elevation of greater than or equal to 20 feet above the downstream toe of the structure; or
(4) has been classified as high hazard (Class C) according to Rule .0105 of this Subchapter.
(c) Inspections and Structural Stability Assessments of CCR units shall be completed as follows:
(1) At intervals not exceeding seven days, a qualified engineer, or a person under his or her responsible charge, shall inspect the discharge of all outlets of hydraulic structures that pass underneath the base of the CCR unit for discoloration of discharge or changes in flow.
(2) A qualified engineer, or a person under his or her responsible charge, shall conduct monitoring of all instrumentation supporting the operation of the CCR unit no less than once per month according to the standards listed under 40 CFR 257.83(a), which is hereby incorporated by reference, including subsequent amendments and additions. A copy of this document may be obtained at no cost at .
(3) During the annual inspections of all CCR units, a qualified engineer, or a person under his or her responsible charge, shall conduct a visual inspection of hydraulic structures underlying the base of the CCR unit in order to maintain structural integrity by being kept free of deterioration, deformation, distortion, bedding deficiencies, sedimentation, and debris.
(4) A qualified engineer, or a person under his or her responsible charge, shall conduct structural stability assessments and shall document whether the design, construction, operation, and maintenance of the CCR unit is consistent with the provisions of 40 CFR 257.73(d) and 257.74(d), which is hereby incorporated by reference, including subsequent amendments and additions, the NC Dam Safety Law of 1967, and the rules of this Subchapter. The structural stability assessment shall be completed by a qualified engineer once every five years and submitted to the Department for review for consistency with this Subchapter and the Dam Safety Law of 1967.
(d) All CCR dams described in Paragraph (b) of this Rule shall have a spillway system with capacity to pass a flow resulting from a design flood as specified in the Minimum Spillway Design Flood for CCR Units table provided in this Paragraph, unless the applicant provides calculations, designs, and plans, prepared in accordance with generally-accepted engineering standards, to show that the design flood can be stored, passed through, or passed over the CCR unit without failure occurring. The requirements in the table below shall apply in place of the Minimum Spillway Design Storm table under Rule .0205(e) of this Section.
|Minimum Spillway Design Flood for CCR Units |
|Hazard1 |Size2 |Spillway Design Flood3 |
|Low (Class A) |Small |100 year |
| |Medium |100 year |
| |Large |1/3 PMF |
| |Very Large |½ PMF |
|Intermediate |Small |1000 year |
|(Class B) | | |
| |Medium |1/3 PMF or 1000 year, whichever is larger |
| |Large |½ PMF |
| |Very Large |¾ PMF |
|High |Small |PMF |
|(Class C) | | |
| |Medium |PMF |
| |Large |PMF |
| |Very Large |PMF |
|1 The "Hazard" categories in this table for CCR units are based on 15A NCAC 02K .0105 Classification of Dams and are|
|the same "Hazard" categories shown in the "Minimum Spillway Design Storms" table for non-CCR dams contained in Rule |
|.0205(e) of this Section. |
|2 The "Size" categories are the same as described in the "Criteria for Spillway Design Storm Size Classification" |
|table found in Rule .0205(e) of this Section. |
|3 The "Spillway Design Flood" specifications were derived from the combination of the more-stringent criterion from |
|the spillway design-flood elements of the federal CCR regulations and the existing spillway design elements of Rule |
|.0205(e) of this Section. |
(e) Structural stability assessments shall be evaluated as follows:
(1) For purposes of this Rule, the "critical cross sections" utilized for the required structural stability assessments are the cross sections anticipated by the design engineer to be the most susceptible to structural failure.
(2) CCR surface impoundments shall be assessed under seismic loading conditions for a seismic loading event with a 2 percent probability of exceedance in 50 years, equivalent to a return period of approximately 2,500 years, based on the USGS Seismic Hazard Maps for seismic events with this return period for the region where the CCR unit is located. This document is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained at no cost at .
(3) CCR units constructed of or founded upon soils that are susceptible to liquefaction, as identified by a liquefaction potential analysis, shall meet liquefaction factors of safety as required in Part (5)(E) of this Subparagraph. The liquefaction potential analysis shall include:
(A) soil classifications of the embankment and foundation soils;
(B) fines content;
(C) plasticity index;
(D) water content;
(E) saturation;
(F) maximum current, past, and anticipated phreatic surface levels within the embankment, foundation, and abutments;
(G) location beneath or above the natural ground surface; and
(H) penetration resistance through cone penetration testing (CPT).
(4) Stability assessments shall be required for CCR units with downstream slopes that may be inundated by the pool of an adjacent water body. These assessments shall include conditions for maximum pool loading, minimum pool loading, and rapid drawdown of the adjacent waterbody.
(5) The safety factor assessments shall be supported by the following engineering calculations:
(A) The calculated static factor of safety for the end-of-construction loading condition shall equal or exceed 1.30. The assessment of this loading condition is only required for the initial safety factor assessment and is not required for subsequent assessments;
(B) the calculated static factor of safety for the long-term, maximum storage pool loading condition shall equal or exceed 1.50;
(C) the calculated static factor of safety under the maximum surcharge pool loading condition shall equal or exceed 1.40;
(D) the calculated seismic factor of safety shall equal or exceed 1.00; and
(E) for dams constructed of or founded upon soils that have susceptibility to liquefaction, the
calculated liquefaction factor of safety shall equal or exceed 1.20. Post-liquefaction stability analyses shall include characterization of the site conditions, identification of the minimum liquefaction-inducing forces based on soil characterization, determination of seismic effect on liquefied layers of the embankment, and calculation of factors of safety against liquefaction for each liquefied layer of the embankment.
(f) CCR units and surrounding areas that are constructed of earthen material shall be designed, constructed, operated, and maintained so that the vegetation meets the conditions outlined in the FEMA 534 guidance document entitled, "Technical Manual for Dam Owners: Impacts of Plants on Earthen Dams" issued on September 2005. This document is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained at no cost at . However, alternative forms of slope protection may be approved by the Director, upon request by a qualified engineer through a plan submittal showing that the proposed alternative slope protection will provide equal or better protection from erosion than would be achieved with vegetation as specified in FEMA 534.
History Note: Authority G.S. 143-215.25A; 143-215.26; 143-215.27; 143-215.31; 143-215.32; 143-215.34;
Eff. January 1, 2019.
SECTION .0300 - INSPECTIONS: DAM SAFETY ORDERS
15A NCAC 02K .0301 INSPECTION BY THE DEPARTMENT
(a) Schedule of Inspections
(1) All class A and B dams shall be inspected at least once every five years.
(2) Class C dams shall be inspected at least once every two years.
(b) At any time an inspection indicates that a dam may not perform satisfactorily or that the hazard classification has changed, the Director may require a detailed investigation at the owners expense to determine the required remedial action, if any.
History Note: Authority G.S. 143-215.31; 143-215.32;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0302 DAM SAFETY ORDERS
(a) The Director may issue an order directing the owner(s) of a dam to make, in not less than 90 days from issuance of the order and at the owner(s) expense, any maintenance, alteration, repairs, reconstruction, or change in construction upon a finding that the dam:
(1) is not sufficiently strong,
(2) is not maintained in good repair or operating condition,
(3) is dangerous to life or property, or
(4) does not satisfy minimum stream-flow requirements.
(b) The Director may issue an order directing the owner(s) of any dam to take such measures as may be essential, including lowering the level of the impounded water, drainage of the impoundment, and destruction of the dam or reservoir in whole or in part, immediately or within a time limited by the order if the condition of the dam is found to have become so dangerous to the safety of life or property, in the opinion of the Director, as not to safely permit sufficient time for issuance of an order in the manner provided by Subdivision (a) of this Rule.
(c) The Director may, if at any time the condition of any dam becomes so dangerous to the safety of life or property, in the opinion of the Director, as not to permit sufficient time for issuance of an order in the manner provided by Subdivision (a) or (b) of this Rule, immediately take such measures as may be essential to provide emergency protection to life and property including the lowering of the level of a reservoir by releasing water impounded or the destruction in whole or in part of the dam or reservoir. Costs of such measures may be recovered from the owner(s) of the dam by appropriate legal action by the Commission.
(d) Orders issued by the Director may be conditioned so as to require the dam owner, if he is required or given the option to remove the dam, to undertake the removal in such a manner as to minimize the amount of sediment transported from the impoundment downstream.
(e) Dam safety orders issued by the Director in no way relieve the owner(s) of the dam from duties and obligations imposed by regulations in Section .0200 of this Subchapter, nor do they relieve the owner(s) of the dam from any liabilities or other legal obligations.
History Note: Authority G.S. 143-215.32; 143-215.34;
Eff. June 15, 1980;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
SECTION .0400 - ADMINISTRATIVE HEARINGS
15A NCAC 02K .0401 OPPORTUNITY FOR HEARING
15A NCAC 02K .0402 PROCEDURES
History Note: Authority G.S. 143-215.33; 150B-23;
Eff. June 15, 1980;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); August 1, 1988; July 1, 1988; November 1, 1984;
Expired Eff. January 1, 2018 pursuant to G.S. 150B-21.3A.
15A NCAC 02K .0403 DELEGATION OF AUTHORITY: APPOINTMENT OF HEARING OFFICERS
15A NCAC 02K .0404 NOTICE: WAIVER
15A NCAC 02K .0405 PLACE OF THE HEARING
15A NCAC 02K .0406 PROCEDURES
15A NCAC 02K .0407 HEARING OFFICERS: POWERS AND DUTIES
15A NCAC 02K .0408 FINAL DECISIONS: JUDICIAL REVIEW
History Note: Authority G.S. 143-215.3(a)(4); 143-215.33; 150B-23; 150B, Article 3;
150B, Article 4;
Eff. June 15, 1980;
Legislative Objection (c) Lodged Eff. October 10, 1980;
Amended Eff. November 1, 1982;
Repealed Eff. November 1, 1984.
SECTION .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT
15A NCAC 02K .0501 DEFINITIONS
(a) Aquatic habitat shall be divided into three classes - "poor," "moderate," and "good."
(1) Streams with poor aquatic habitat are those which have a "poor" fish assemblage rating, and which are rated "poor" for at least two of the following three characteristics:
(A) Substrate;
(B) Cover; and
(C) Macro-invertebrate organisms.
(2) Streams with moderate aquatic habitat are those which exhibit physical conditions and biota which are intermediate between the poor and good categories.
(3) Streams with good aquatic habitat are those which receive at least two "good" ratings when the substrate, cover, and macro-invertebrate organism characteristics are evaluated. The fish assemblage also must receive a "good" rating.
(b) Cover means objects within or overhanging the stream channel which provide shelter for aquatic organisms. "Good" cover occurs when cover is widespread and diverse. "Poor" cover occurs when the amount of cover is small or non-existent.
(c) Substrate means the predominant particle size of the material which makes up the stream bed. "Good" substrate is composed of at least 50 percent silt free substrate with gravel or cobble. "Poor" substrate is composed of at least 80 percent silt, sand, or smooth bedrock.
(d) The macro-invertebrate organisms of the affected reach are rated as "good" if the affected reach is rated good or excellent in the Division of Environmental Management's (DEM) biological monitoring database, or by a site-specific survey according to Standard Operating Procedures for Biological Monitoring, 1995, Division of Environmental Management as defined in 15A NCAC 2B .0103(b). Macro-invertebrates are rated "poor" if the reach is rated fair or poor in DEM's biological monitoring database, or by a site-specific survey according to Standard Operating Procedures for Biological Monitoring, 1995, Division of Environmental Management as defined in 15A NCAC 2B .0103(b).
(e) The fish assemblage rating shall be based on the North Carolina Index of Biotic Integrity (IBI). Existing ratings from the DEM biological monitoring database shall be used where available. If no rating exists, then a site-specific survey shall be conducted according to Standard Operating Procedures for Biological Monitoring, 1995, Division of Environmental Management as defined in 15A NCAC 2B .0103(b). The fish assemblage shall be rated as "good" if the IBI rating is good, good-excellent, or excellent. The fish assemblage shall be rated as "poor" if the IBI rating is poor or lower.
(f) The affected reach of stream means that section of a stream downstream of a dam which experiences significant changes in hydrology. The exact delineation of the affected reach shall be site-specific and depend on factors including, but not limited to:
(1) volume of storage in the impoundment;
(2) upstream and downstream hydrologic characteristics of the stream;
(3) withdrawals from the impoundment; and
(4) downstream point source discharges to the stream.
For the purpose of evaluating aquatic habitat, the affected reach of a stream does not include any portion which is in the backwater of a downstream dam when the level of that downstream impoundment is at normal pool.
(g) "Special case" streams are those which exhibit at least one of the following characteristics:
(1) supplemental classification as an Outstanding Resource Water as defined in 15A NCAC 2B .0101(e)(4) and .0216;
(2) populations of aquatic species listed as threatened or endangered by the U.S. Fish and Wildlife Service, or species which are listed as threatened or endangered by the N.C. Wildlife Resources Commission;
(3) self-sustaining populations of wild trout; or
(4) exceptional non-game or fishery resources as determined by the Wildlife Resources Commission.
(h) The use of the regression equations in Rule .0502 of this Section shall depend on the geographic region of the state in which the stream is located. The geographic region shall be determined from the North Carolina Atlas, edited by Clay, Orr, and Stuart, published by the University of North Carolina Press, 1975.
(i) A continuous stream gage record means a continuous record of daily flows from a stream gage which:
(1) has at least 15 years of continuous daily records;
(2) has no significant hydrological effects caused by upstream regulation, withdrawals, or discharges;
(3) is no less than one-half and no more than one and one-half times the drainage area of the site in question; and
(4) has low flow and average flow yields which are comparable to the site in question.
(j) A site-specific instream flow study conducted by the applicant or his consultants, which is subject to approval by the Department, means a study performed according to the following conditions:
(1) A plan of study shall be developed in consultation with the Department and submitted to the Department for review and approval prior to commencement of the study.
(2) The plan of study shall identify the aquatic habitat parameters to be evaluated by the study. The selection of these parameters shall depend on factors including, but not limited to:
(A) the aquatic species being evaluated;
(B) the habitat quality of the affected reach; and
(C) existing or potential water shortages or water use conflicts.
(3) The Department shall have the option of participating in the collection of all field data, and shall be notified prior to collection of any set of data.
(4) The results of the study shall accurately determine the parameters identified during study design.
(5) The Department may review the field data and results of these studies to determine the stream flow needed to maintain aquatic habitat.
History Note: Authority G.S. 143-215.24; 143-215.25; 143-215.31; 143-215.32; 143-215.33; 143-215.36;
Eff. December 1, 1994;
Amended Eff. April 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0502 REQUIRED MINIMUM FLOW FOR DAMS (NOT SMALL HYDRO PROJECTS)
(a) A dam operated by a small power producer, as defined in G.S. 62-3(27a), that diverts water from 4,000 feet or less of the natural stream bed, shall be exempt from this Rule.
(b) A dam proposed for a small stream with a mean annual daily flow less than or equal to 3.0 cubic feet per second (cfs) shall be subject to the following review process in determining the required minimum flow:
(1) If the mean annual daily flow is less than or equal to 3.0 cfs and the 7-day, 10-year low flow (7Q10) is less than or equal to 0.2 cfs; and if there are no existing point source discharges of wastewater to the affected stream reach; then no minimum release will be required.
(2) If the mean annual daily flow is less than or equal to 3.0 cfs and the 7Q10 is less than or equal to 0.2 cfs; and one or more existing point source discharges of wastewater enter the affected stream reach; then the minimum release shall be equal to the 7Q10.
(3) If the mean annual daily flow is less than or equal to 3.0 cfs and the 7Q10 is greater than 0.2 cfs, then the minimum release shall be equal to the 7Q10.
(c) If the mean annual daily flow is greater than 3.0 cfs, then the following procedures shall be used to determine the minimum flow requirement:
(1) The minimum flow for a dam on a stream with poor aquatic habitat shall be the 7Q10 flow determined by using U.S. Geological Survey procedures.
(2) The minimum flow for a dam on a stream with moderate aquatic habitat in the piedmont, as defined in Rule .0501(h) of this Section, shall be determined using regression equations provided in this Subparagraph.
(A) All flows used in regression equations shall be measured in cubic feet per second, all drainage areas shall be measured in square miles, and all logarithmic expressions shall refer to base 10 logarithms.
(B) The regression equation used to determine the minimum flow for a stream in the piedmont which exhibits moderate aquatic habitat, and for which no continuous stream gage record, as defined in Rule .0501(i) of this Section, exists, shall be as follows:
LRF = (3.204 x M) - (2.618 x D)
LRF = LOG of regression flow
M = LOG of mean annual daily flow
D = LOG of drainage area
The regression flow (RF) is calculated by raising 10 to the power of the LRF.
If the drainage area is greater than 95 square miles, the required minimum flow is 1.4 x RF. Otherwise the required minimum flow is equal to RF.
(C) The regression equation used to determine the minimum flow for a stream in the piedmont which exhibits moderate aquatic habitat, and for which a continuous stream gage record, as defined in Rule .0501(i) of this Section, does exist, shall be as follows:
LRF = (0.812 x M) + (8.111 x E92)
- (4.806 x E85) - (3.275 x E95)
LRF = LOG of regression flow
M = LOG of mean annual daily flow
E85 = LOG of 85% annual exceedance flow
E92 = LOG of 92.5% annual exceedance flow
E95 = LOG of 95% annual exceedance flow
The regression flow (RF) is calculated by raising 10 to the power of the LRF.
The required minimum flow is 1.1 x RF.
(3) The minimum flow for a dam on a stream with moderate aquatic habitat, located in a geographical region for which regression formulas are not provided, shall be determined by a site-specific instream flow study, as defined in Rule .0501(j) of this Section, conducted by the applicant or his consultants and subject to the approval of the Department.
(4) The minimum flow for a dam on a special case stream, or on a stream with good aquatic habitat, shall be determined by a site-specific instream flow study, as defined in Rule .0501(j). This study shall be conducted by the applicant or his consultants, and shall be subject to approval by the Department.
(5) If the applicant or owner disputes the minimum flow determined by the procedures described in Subparagraphs (c)(1) or (c)(2) of this Rule for streams with poor or moderate aquatic habitat, he may undertake a site-specific field study, as defined in Rule .0501(j) of this Section, subject to the review and approval of the Department. The final minimum release required will not exceed the amount determined by the procedures described in this Rule.
(6) The minimum release schedule for a water supply reservoir shall include provisions for reductions in the minimum flow which coincide with reductions in the usable water supply storage remaining in the impoundment and with reductions in the amount of water withdrawn from the reservoir.
(A) This system of tiered releases shall apply to new water supply reservoirs and any existing water supply reservoirs for which the minimum release is revised.
(B) The exact percentage of storage which triggers reductions in minimum flow will depend on several site-specific factors, including, but not limited to:
(i) size of the reservoir;
(ii) rate of the water supply demand;
(iii) hydrologic characteristics of the impounded stream; and
(iv) the impoundment levels which result in local efforts to reduce water usage through conservation measures.
(C) At least three levels of minimum releases shall be included in the release schedule for a water supply reservoir.
(D) When usable water supply storage has been reduced to a level which triggers the first reduction in minimum flow, then the average daily water withdrawal shall be reduced by at least 10 percent from the average daily withdrawal for the 60 day period immediately prior to the first reduction in the minimum flow. The water supply operator shall accomplish this reduction in withdrawal within two weeks of the reduction in the minimum release.
(E) When usable water supply storage has been reduced to a level which triggers the second reduction in minimum flow, then the average daily water withdrawal shall be reduced by at least 20 percent from the average daily withdrawal for the 60 day period immediately prior to the first reduction in the minimum flow. The water supply operator shall accomplish this further reduction in withdrawal within two weeks of the second reduction in the minimum release.
(F) The water system operator shall document reduction in water withdrawals by submitting reports of daily water withdrawals to the Department. These shall be submitted every two weeks for as long as the minimum release is reduced below the amount normally required.
(G) An example is shown in the table below. (Note that the percentages of water supply storage which trigger the changes in minimum release are site-specific for this example and may vary according to the factors described in Part (B) of this Paragraph.)
REMAINING USABLE WATER MINIMUM WATER USE
LEVEL SUPPLY STORAGE RELEASE REDUCTION
1 between 70% and 100% A - - - -
2 between 40% and 70% B 10%
3 below 40% C 20%
A = normal minimum release determined by a field study, regression equation, or use of the 7Q10
B = intermediate reduction in minimum release
C = low minimum release equal to no more than the 7Q10
(7) An existing dam which was built subject to review under the National or the State Environmental Policy Acts, and for which a minimum release has been established, will not have its minimum release changed under this Rule. However, the Department may review and adjust the minimum flow released by any other existing dam if there is evidence of any of the following conditions downstream of that dam:
(A) water quality standards not being maintained;
(B) water quality classifications which are being only partially supported or not being supported; or
(C) aquatic habitat not being maintained.
(8) If the minimum release required from an existing water supply reservoir is reviewed by the Department, any increase in minimum flow will be determined on a case-by-case basis in consideration of the following factors, including, but not limited to:
(A) availability of water to meet existing demands;
(B) rate of growth in water demand;
(C) planned development of alternative sources of water supply;
(D) structural difficulties;
(E) capital costs; and
(F) anticipated improvements in water quality and aquatic habitat in the affected reach resulting from the proposed change in minimum flow.
The change in minimum release shall be set no higher than an amount which would reduce the water supply safe yield, as determined by standard accepted engineering practices, by more than 10 percent.
(9) If a new minimum release requirement from an existing water supply reservoir is being delayed until a new source of water supply is developed, then this delay shall not exceed a period of five years from the written notification that a new minimum release will be required. This period may be extended by approval of the Environmental Management Commission in consideration of the following factors:
(A) delays in developing a new water supply source;
(B) changes in water quality and aquatic habitat in the affected reach; or
(C) availability of water to meet existing demands.
History Note: Authority G.S. 143-215.24; 143-215.25; 143-215.31; 143-215.32; 143-215.33; 143-215.36;
Eff. December 1, 1994;
Amended Eff. April 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0503 REQUIRED MINIMUM FLOW FOR SMALL HYDROELECTRIC PROJECTS
(a) This Rule shall apply only to a dam operated by a small power producer, as defined in G.S. 62-3(27a), that diverts water from 4,000 feet or less of the natural stream bed. The length of the bypassed reach shall be measured from the toe of the dam to the point where the diverted water re-enters the natural channel, following the centerline of the natural channel.
(b) The minimum release for a hydroelectric project subject to this Rule shall be determined according to the procedures described in Subparagraphs (1)-(5) of this Paragraph. If at any time the inflow just upstream of the dam is less than the minimum flow required in the bypassed reach, then the minimum flow may be reduced to a level equal to this inflow.
(1) If the aquatic habitat in the bypassed reach is rated poor, then the minimum release to the bypassed reach shall be determined as follows:
(A) If the 7Q10 is less than or equal to 10 percent of the mean annual daily flow, then the minimum release to the bypassed reach shall be the 7Q10 flow.
(B) If the 7Q10 is greater than 10 percent of the mean annual daily flow, and there are no existing point source discharges of wastewater to the bypassed reach, then the minimum release to the bypassed reach shall be 0.8 times the 7Q10.
(C) If the 7Q10 is greater than 10 percent of the mean annual daily flow, and one or more existing point source discharges of wastewater enter the bypassed reach, then the minimum release to the bypassed reach shall be the 7Q10 flow.
(2) If the bypassed reach does not have an aquatic habitat rating of "poor," is not on a special case stream, and is located in the piedmont region, as defined in Rule .0501(h) of this Section, then the minimum release to the bypassed reach shall be determined as follows:
(A) If the 7Q10 is less than or equal to six percent of the mean annual daily flow, then the minimum release to the bypassed reach shall be 3.0 times the 7Q10 flow.
(B) If the 7Q10 is greater than six percent of the mean annual daily flow, and less than or equal to 10 percent of the mean annual daily flow, then the minimum release to the bypassed reach shall be 2.2 times the 7Q10 flow.
(C) If the 7Q10 is greater than 10 percent of the mean annual daily flow, then the minimum release to the bypassed reach shall be 1.2 times the 7Q10 flow.
(3) The minimum flow determined by the procedures described in Subparagraphs (1) and (2) of this Paragraph may be adjusted downward by the Department if that adjustment would not result in significant loss of aquatic habitat. This adjustment may be based on factors including:
(A) the type of aquatic habitat present in the bypassed reach;
(B) the length of the bypassed reach.
(4) If the applicant or owner disputes the minimum flow determined by the procedures described in Subparagraphs (1) and (2) of this Paragraph, he may undertake a site-specific field study, as defined in Rule .0501(j) of this Section, subject to the review and approval of the Department. The final minimum release required will not exceed the amount determined by the procedures described in this Section.
(5) The minimum flow for a dam on a special case stream, or on a stream located in the mountain region, as defined in Rule .0501(h) of this Section, which does not exhibit poor aquatic habitat; shall be determined by a site-specific instream flow study, as defined in Rule .0501(j) of this Section. This study shall be conducted by the applicant or his consultants, and shall be subject to approval by the Department.
(c) A dam operated by a small power producer, as defined in G.S. 62-3(27a), which was operating to produce power as of October 13, 1994, and which is not under the jurisdiction of the Federal Energy Regulatory Commission, shall not be required by this Rule to increase its minimum flow above the amount required on October 13, 1994.
History Note: Authority G.S. 143-215.24; 143-215.25; 143-215.31; 143-215.32; 143-215.33; 143-215.36;
Eff. December 1, 1994;
Amended Eff. April 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
15A NCAC 02K .0504 MONITORING OF MINIMUM FLOW REQUIREMENTS
(a) An owner of a dam with a minimum flow requirement greater than 1.0 cfs shall install, calibrate, and maintain one or more stream staff gages following procedures described in U.S. Geological Survey Water Supply Paper 2175, "Measurement and Computation of Streamflow." Plans for such gages shall be submitted to the Department for approval prior to installation. Staff gages shall be calibrated to indicate the water surface elevations which correspond to the required flows. Calibration shall be verified at least every two years. All initial calibration and re-calibration measurements, including field data, shall be provided to the Department within 30 days of completion.
(b) If the minimum release from a dam is less than or equal to 1.0 cfs, then an accurately calibrated release mechanism such as a gate or pipe opening shall be acceptable in lieu of a staff gage. Plans for making the required release shall be submitted to the Department for review and approval prior to construction, repair, or modification of the dam.
(c) An owner of a dam who does not comply with a minimum flow requirement may be required to install automated gaging which continuously monitors flow. Records from this type of gage shall be provided to the Department upon request, for the time period being investigated.
(d) Minimum release requirements may be modified or suspended for a term determined by the Department for reasons including pre-scheduled maintenance or construction involving the dam. The Department must approve a written request for such a change in the minimum flow requirement prior to any change in the minimum release.
(e) Reduction or cessation of the minimum flow as a result of emergency conditions or equipment failure shall not constitute a violation of the minimum flow requirement, so long as the event is reported to the Department within 48 hours. The Department may set forth a schedule for correcting the problem and restoring the required minimum flow. If the schedule is not met, and the problem continues to cause violation of the minimum flow requirement, then this violation may be subject to enforcement action.
History Note: Authority G.S. 143-215.24; 143-215.25; 143-215.31; 143-215.32; 143-215.33; 143-215.36;
Eff. December 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.
SUBCHAPTER 02L - GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0100 - GENERAL CONSIDERATIONS
15A NCAC 02L .0101 PURPOSE
(a) N.C. General Statute 143-214.1 directs that the Commission develop and adopt, after proper study, a series of classifications and standards which will be appropriate for the purpose of classifying each of the waters of the State in such a way as to promote the policy and purposes of the act. Pursuant to this statute, the rules in Sections .0200 and .0300 of this Subchapter establish a series of classifications and water quality standards applicable to the groundwaters of the State.
(b) The rules in Section .0100 of this Subchapter shall apply to all permitted and unpermitted activities or actions, intentional or accidental, that contribute to the degradation of groundwater quality, regardless of any permit issued by a governmental agency authorizing such action or activity. An innocent landowner who is a bona fide purchaser of property which contains a source of groundwater contamination, who purchased such property without knowledge or a reasonable basis for knowing that groundwater contamination had occurred, or a person whose interest or ownership in the property is based or derived from a security interest in the property, shall not be considered a responsible party.
History Note: Authority G.S. 143-214.1; 143-214.2; 143-215.3(a)(1); 143B-282;
Eff. June 10, 1979;
Amended Eff. August 1, 1989; July 1, 1988; September 1, 1984; December 30, 1983;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0102 DEFINITIONS
The definition of any word or phrase used in the Rules in this Subchapter shall be the same as given in G.S. 143-212 and G.S. 143-213 except that the following words and phrases shall have the following meanings:
(1) "Active remediation" means corrective action that includes active physical, biological, or chemical manipulation of groundwater or of the rock or soil media for the purpose of reducing the amount of contamination or minimizing the spread of contamination.
(2) "Anthropogenic" means of, relating to, or resulting from the influence of human beings on nature.
(3) "Background threshold values" mean statistically derived values of the concentrations of substances in environmental media not affected by site conditions, actions, or activities for use as a basis for compliance with the rules in this Subchapter.
(4) "Bedrock" means any consolidated rock encountered in the place in which it was formed or deposited and which cannot be readily excavated without the use of explosives or power equipment.
(5) "Chief administrative officer" shall be, for the purposes of this Rule, the mayor, chairman of the county commissioners, the county manager, or the city manager who is responsible for environmental issues in their jurisdiction.
(6) "Compliance boundary" means a boundary around the waste disposal area of a disposal system at and beyond which standards may not be exceeded and applies to facilities which have received an individual permit issued under the authority of G.S. 143-215.1, Article 9 of G.S. 130A, or Article 11 of G.S. 130A.
(7) "Compliance zone" means the area encompassed within the compliance boundary.
(8) "Constituent of interest" means any substance that is manmade or naturally occurring that is associated with or influenced by site activities or actions and that is of interest to the protection of public health or the environment.
(9) "Contaminant" means any substance that occurs in groundwater as a result of anthropogenic sources or activities in concentrations which exceed the standards.
(10) "Control" means the ability to physically, mechanically, or chemically influence sources of contamination and contaminant distribution.
(11) "Corrective action plan" means a plan for controlling or eliminating sources of groundwater contamination or for restoring groundwater quality.
(12) "Director" means Director of the Division of Water Resources or Waste Management or their delegate.
(13) "Division" means the Division of Water Resources or Waste Management.
(14) "Exposure pathway" means a course taken by a contaminant by way of a transport medium after its release to the environment.
(15) "Free product" means a non-aqueous phase liquid which may be present within the saturated zone or in surface water.
(16) "Fresh waters" means those groundwaters having a chloride concentration equal to or less than 250 milligrams per liter.
(17) "Groundwaters" means waters occurring in the subsurface under saturated conditions.
(18) "Hazardous substance" means any substance as defined by 42 U.S.C. 9601(14).
(19) "Licensed geologist" means a person who has been licensed as a geologist in accordance with the requirements of G.S. 89E.
(20) "Licensed soil scientist" means a person who has been licensed as a soil scientist in accordance with the requirements of G.S. 89F.
(21) "Natural attenuation" means those natural processes acting to restore groundwater quality, including dilution, filtration, sorption, ion-exchange, chemical transformation, and biodegradation.
(22) "Natural conditions or naturally occurring" means the physical, biological, chemical, and radiological conditions which occur naturally and are not a result of anthropogenic sources or activities.
(23) "Person" shall be as defined in G.S. 130A-290(22).
(24) "Potable waters" means those waters suitable for drinking by humans.
(25) "Practical Quantitation Limit" means the lowest concentration of a given material that can be reliably achieved by a particular analytical technique operated within specified parameters of a given analytical method during routine laboratory analysis while following all applicable state or federal quality assurance and quality control requirements.
(26) "Professional Engineer" means a person who has been registered and licensed as a professional engineer in accordance with the requirements of G.S. 89C.
(27) "Receptor" is as defined in G.S. 130A-309.201 and, for the purposes of this Rule, shall also include waters of the State as defined in G.S. 143-212(6).
(28) "Review boundary" means a boundary around a permitted waste disposal area midway between a waste boundary and a compliance boundary at which groundwater monitoring may be required.
(29) "Saturated zone" means that part of the subsurface below the water table in which all the interconnected voids are filled with water under pressure at or greater than atmospheric. It does not include the capillary fringe.
(30) "Secretary" means the Secretary of the Department of Environmental Quality or his or her delegate.
(31) "Standard" or "standards" means groundwater quality standards as specified in Rule .0202 of this Subchapter and any interim maximum allowable concentrations established by the Director per Rule .0202(c) of this Subchapter.
(32) "Suitable for drinking" means a quality of water that does not contain substances in concentrations which, either singularly or in combination, if ingested into the human body, may cause death, disease, behavioral abnormalities, congenital defects, genetic mutations, or result in an incremental lifetime cancer risk in excess of 1x10-6, or result in adverse effects to the consumer due to aesthetic qualities, including taste, odor, or appearance.
(33) "Waste boundary" means the perimeter of the permitted waste disposal area.
(34) "Waste disposal area" means that portion of a disposal system permitted under authority of G.S 143-215.1, Article 9 of G.S. 130A, or Article 11 of G.S. 130A whose purpose is the temporary or permanent disposal of waste.
(35) "Water table" means the surface of the saturated zone below which all interconnected voids are filled with water and at which the pressure is atmospheric.
History Note: Authority G.S. 143-214.1; 143-215; 143B-282;
Eff. June 10, 1979.
Amended Eff. October 1, 1993; August 1, 1989; July 1, 1988; March 1, 1985;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0103 POLICY
(a) The rules established in this Subchapter are intended to maintain and preserve the quality of the groundwaters, prevent and abate pollution and contamination of the waters of the State, protect public health, and permit management of the groundwaters for their best usage. It is the policy of the Commission that the best usage of the groundwaters of the State is as a source of drinking water. These groundwaters generally are a potable source of drinking water without the necessity of significant treatment. It is the intent of these Rules to protect the overall high quality of North Carolina's groundwaters to the level established by the standards and to enhance and restore the quality of degraded groundwaters where feasible and necessary to protect human health and the environment, or to ensure their suitability as a future source of drinking water.
(b) The Commission shall not approve any disposal system subject to the provisions of G.S. 143-215.1 which would result in any of the following:
(1) The significant degradation of groundwaters which have existing quality that is better than the assigned standard, unless such degradation is found to be in the best interests of the public based upon the projected economic benefits of the facility and that public health will be protected.
(2) A violation of a standard beyond a designated compliance boundary as a result of the permitted activities.
(3) The impairment of existing groundwater uses or increased risk to public health due to the operation of a disposal system.
(c) Violations of the standards resulting from groundwater withdrawals which are in compliance with water use permits issued pursuant to G.S. 143-215.15, shall not be subject to the corrective action requirements of Rule .0106 of this Section.
(d) No person shall conduct or cause to be conducted, any activity which causes the concentration of any substance to exceed the standards, except as authorized by the rules of this Subchapter.
(e) Work that is within the scope of the practice of geology and engineering, performed pursuant to the requirements of this Subchapter, that involves site assessment, the interpretation of geologic conditions, preparation of corrective action plans, or any work requiring detailed technical knowledge of site conditions which is submitted to the Director, shall be performed by persons, firms, or professional corporations who are licensed to offer geological or engineering services by the appropriate occupational licensing board or are exempted from such licensing by G.S. 89E-6. Work which involves design of remedial systems or specialized construction techniques shall be performed by persons, firms, or professional corporations who are licensed to offer engineering services. Corporations that are authorized by law to perform engineering or geological services and are exempt from the Professional Corporation Act, G.S. 55B, may perform these services.
History Note: Authority G.S. 143-214.1; 143-214.2; 143-215.3(a)(1);
143B-282;
Eff. June 10, 1979;
Amended Eff. August 1, 1989; July 1, 1988; September 1, 1984; December 30, 1983;
RRC Objection Eff. September 17, 1993, due to lack of necessity for Paragraph (e);
Amended Eff. November 4, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0104 RESTRICTED DESIGNATION
(a) The restricted designation (RS) means that groundwater may not be suitable for use as a drinking water supply without treatment.
(b) Upon application by a responsible party, the Director is authorized to apply the RS to GA or GSA groundwaters, as defined under Rule .0201 of this Subchapter, under any of the following circumstances:
(1) For sites undergoing risk-based remediation per Rule .0106(i) of this Section.
(2) Areas of remaining contamination where the Secretary has approved the termination of an approved corrective action per Rule .0106(j) of this Section.
(3) Where a variance has been granted by the Commission as provided in Rule .0113 of this Section.
(c) Groundwaters occurring within an area defined by a compliance boundary in a waste disposal permit are deemed RS.
(d) The boundary of the RS area shall be located 250 feet or greater from the boundary of the contaminant plume and shall include any areas into which the contamination is predicted through modeling or expected through professional judgment to migrate.
(e) Where the RS area crosses, intercepts, or adjoins surface waters, the RS shall not give the right to cause or contribute to an exceedance of the surface water standards established under 15A NCAC 02B .0200.
(f) Application for RS. The person requesting a RS shall provide to the Director a plan that includes the following:
(1) The person's name, address, and phone number.
(2) The physical location of the of facility or site where the contamination originated.
(3) If applicable, a copy of the Secretary's approval for termination of corrective action or a variance granted by the Commission as provided in Rule .0113 of this Section.
(4) A summary of the site assessment and corrective actions including the results of any predictive modeling that estimates the time to return compliance for the RS area.
(5) Maps showing the current horizontal and vertical extent of any contamination and the areas where the contamination is predicted or expected to migrate including the current and predicted quantities of any contaminants and all current and potential future receptors within 1,500 feet of contamination.
(6) A map showing the proposed RS area including the county title number, county tax identification number, or the property tax book and page identifiers of the properties included within the proposed RS area.
(7) A plan for monitoring the groundwater quality within the RS area that includes the current or proposed wells to be monitored, the frequency of the monitoring, and the constituents of interest to be monitored.
(8) If the proposed RS area extends beyond the source property's boundary, a signed statement from each property owner agreeing to the proposed RS area on their property if required by statute.
(9) If the proposed RS area crosses, intercepts, or adjoins surface waters, a plan to ensure the surface water standards established under 15A NCAC 02B .0200 are not violated.
(g) The Director shall review whether the proposed plan is protective of public health and the environment for receptors within the RS area and otherwise complies with requirements of this Rule. The Director may require a person who proposes a plan to supply any additional information not provided that is necessary to satisfy the requirements of Paragraph (f) of this Rule.
(h) Prior to approving the proposed plan in Paragraph (f) of this Rule, the Division shall provide public notice of the intent to designate any groundwater with RS as follows:
(1) Provide notice at least 30 days prior to any proposed final action to all property owners with signed statements per Subparagraph (f)(8) of this Rule, to the local County Health Director, and the chief administrative officer of the jurisdiction(s) in which the contamination occurs.
(2) The notice shall contain the following information:
(A) Name, address, and phone number of the agency issuing the public notice;
(B) A copy of the plan in Paragraph (f) of this Rule or where the plan can be obtained.
(C) Conditions applicable to removal of the RS designation; and
(D) Address and phone number of a Division contact from whom interested parties may obtain further information.
(3) The Director shall consider all requests for a public hearing, and if he or she determine that there is significant public interest, he or she shall issue public notice and hold a public hearing in accordance with G.S 143-215.4(b) and Rule .0113(e)(2) of this Section.
(4) The requirements of this Paragraph shall not apply to groundwaters defined in Paragraph (c) of this Rule.
(i) The Director shall approve the plan if the proposal complies with Paragraph (g) of this Rule. Upon making a determination, the Director shall provide specific findings to support their decision to approve or disapprove a proposed plan.
(j) The process for recordation, application, and removal of an approved RS shall be in accordance with G.S. 143B-279.10 or G.S. 143B-279.11. The land use restriction shall be that groundwater within the RS area may not be suitable for drinking without treatment.
(k) The RS shall also be removed if the groundwater within the RS is reclassified by the Commission per G.S. 143-214.1.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143B-282(a)(2); 143B-279.9; 143B-279.10; 143B-279.11;
Eff. June 10, 1979;
Amended Eff. October 1, 1993; December 1, 1989; August 1, 1989; December 30, 1983;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0105 ADOPTION BY REFERENCE
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Repealed Eff. August 1, 1989.
15A NCAC 02L .0106 INITIAL RESPONSE, SITE ASSESSMENT, AND CORRECTIVE ACTION
(a) Where groundwater quality has been degraded, the required corrective action shall be restoration to the level of the standards, or as closely thereto as is economically and technologically feasible in accordance with this Rule. The corrective action strategies addressed in this Rule can be through either active remediation in Paragraph (g), natural attenuation in Paragraph (h), or risk-based remediation in Paragraph (i). In all cases involving requests to the Secretary for approval of corrective action plans or termination of corrective action, the responsibility for providing all information required by this Rule lies with the person(s) making the request.
(b) Any person conducting or controlling an activity, permitted or unpermitted, that results in the discharge of a waste or hazardous substance or oil to the ground surface, vadose zone, or groundwaters of the State shall take action upon discovery to terminate and control the discharge, mitigate any hazards resulting from exposure to the contaminants, and follow the requirements in Paragraphs (c), (d), or (e) of this Rule.
(c) Any person conducting or controlling an activity that has not been permitted by the Department pursuant to G.S. 143-215.1, Article 9 of G.S. 130A, or Article 11 of G.S. 130A that results in an increase in the concentration of a substance in excess of the standard, other than agricultural operations defined under G.S. 106-581.1, shall take the following steps:
(1) Within 24 hours of discovery of the violation, notify the Department of the activity that has resulted in the increase and the contaminant concentration levels, if known.
(2) Respond in accordance with Paragraph (f) of this Rule.
(3) Implement a monitoring program in accordance with Rule .0110 of this Section.
(4) Submit a site assessment report to the Director in accordance with Rule .0111 of this Section.
(5) Submit a notification in accordance with the requirements of Rule .0114(a) of this Section.
(6) If required, submit a corrective action plan to the Director in accordance with Rule .0111 of this Section or pursue risk-based remediation per Paragraph (i) of this Rule. If a corrective action plan is submitted for active remediation or natural attenuation, then:
(A) Submit a notification in accordance with the requirements of Rule .0114(b) of this Section.
(B) Implement the corrective action plan upon its approval by the Secretary.
(C) Submit a notification in accordance with the requirements of Rule .0114(c) of this Section.
(d) For any person conducting or controlling an activity that is conducted under the authority of a permit issued by the Department pursuant to G.S. 143-215.1, Article 9 of G.S. 130A, or Article 11 of G.S. 130A that results in an increase in concentration of a substance in excess of the standards at or beyond the review boundary:
(1) The Director may require, based on information including data trends, geologic and hydrogeologic conditions, and spacing between the review and compliance boundaries, that the person shall demonstrate, through predictive calculations or modeling, that one or more of the following will prevent a violation of standards at the compliance boundary:
(A) geologic or hydrogeologic conditions;
(B) facility design; or
(C) operational controls.
(2) If an exceedance of the standards is expected through professional judgment or predicted through modeling at or beyond the compliance boundary, the person may submit a plan for alteration of existing site conditions, facility design, or operational controls that will prevent a violation at the compliance boundary, and implement that plan upon its approval by the Director. In approving the plan, the Director shall consider geologic and hydrogeologic conditions, the nature and extent of the contamination, technical and economic feasibility, and public health impacts on all potential receptors should the contaminated plume reach them.
(e) For any person conducting or controlling an activity that is conducted under the authority of a permit issued by the Department pursuant to G.S. 143-215.1, Article 9 of G.S. 130A, or Article 11 of G.S. 130A that results in an increase in concentration of a substance in excess of the standards beyond the compliance boundary or within the compliance zone as specified by Rule .0107(p) of this Section, the person shall take the following steps:
(1) Within 24 hours of discovery of the initial violation, notify the Department of the activity that has resulted in the increase, the contaminants that are in exceedance, and the contaminant concentration levels.
(2) Respond in accordance with Paragraph (f) of this Rule.
(3) Implement a monitoring program in accordance with Rule .0110 of this Section.
(4) Submit a site assessment report to the Director in accordance with Rule .0111 of this Section.
(5) Submit a notification in accordance with the requirements of Rule .0114(a) of this Section.
(6) If required, submit a corrective action plan to the Director in accordance with Rule .0111 of this Section or pursue risk-based remediation per Paragraph (i) of this Rule. The corrective action plan may include alteration of existing site conditions, facility design, or operational controls that will prevent a violation at the compliance boundary. If a corrective action plan is submitted for active remediation or natural attenuation, then:
(A) Submit a notification in accordance with the requirements of Rule .0114(b) of this Section.
(B) Implement the corrective action plan upon its approval by the Secretary.
(C) Submit a notification in accordance with the requirements of Rule .0114(c) of this Section.
(f) Initial response actions required to be conducted prior to or concurrent with the site assessment required in Paragraphs (c) and (e) of this Rule shall include:
(1) Prevention of fire, explosion, or the spread of noxious fumes.
(2) Abatement, containment, or control of the migration of contaminants.
(3) Removal, treatment, or control of any primary pollution source such as buried waste, waste stockpiles, or surficial accumulations of free products.
(4) Removal, treatment, or control of secondary pollution sources that would be potential continuing sources of pollutants to the groundwaters, such as contaminated soils and non-aqueous phase liquids. Contaminated soils that threaten the quality of groundwaters shall be treated, contained, or disposed of in accordance with rules in this Subchapter and in 15A NCAC 13 applicable to such activities. The treatment or disposal of contaminated soils shall be conducted in a manner that will not result in a violation of the standards or 15A NCAC 13 Rules.
The initial response actions shall be documented in the site assessment report required under Rule .0111(b) of this Section. The Director may request written documentation of the response actions in advance of the site assessment report if the Director determines that there is an immediate threat to human health based on information including the nature and extent of the release, the potential exposure pathways, and proximity to human receptors.
(g) Corrective action using active remediation. A corrective action plan prepared pursuant to Paragraphs (c) or (e) of this Rule shall be implemented using a remedial technology demonstrated to the Director to provide the most effective means, taking into consideration geological and hydrogeological conditions at the contaminated site, for restoration of groundwater quality to the level of the standards. Corrective action plans for active remediation shall include the information in Rule .0111(c) of this Section.
(h) Corrective action using natural attenuation. Any person required to implement an approved corrective action plan for a site subject to Paragraphs (c) or (e) of this Rule may request that the Secretary approve such a plan based upon natural processes of degradation and attenuation of contaminants. Corrective action plans for natural attenuation shall make the demonstration and include the information in Rule .0111(d) of this Section.
(i) Corrective action using risk-based remediation. A person choosing to use risk-based remediation shall comply with the requirements in G.S. 130A Article 9 Part 8.
(j) Termination of active remediation prior to achieving the standards. Any person required to implement an approved corrective action plan for a site subject to Paragraph (g) of this Rule may request that the Secretary approve termination of the active remediation prior to achieving the standards. The owner and operator of an active remediation system shall demonstrate, by terminating the active remediation and then implementing an approved natural attenuation corrective action under Paragraph (h) of this Rule, that all potential receptors will be protected. A request submitted to the Secretary under this Paragraph shall include:
(1) A discussion of the duration of the corrective action, the total project cost, projected annual cost for continuance, and evaluation of the success of the corrective action.
(2) An evaluation of alternate treatment technologies that could potentially result in further reduction of contaminant levels, projected capital, and annual operating costs for each technology.
(3) The effects, including public health impacts, on groundwater users if contaminant levels remain at levels existing at the time corrective action is terminated.
(4) The proposed contaminant concentrations to actively remediate to prior to reaching the standards in the source area and all predictive calculations and model runs demonstrating that the standards will be met at all existing or potential receptors, based on travel time and the natural attenuation capacity of subsurface materials or on a barrier to groundwater migration that exists or will be installed by the person making the request.
(5) A demonstration that continuation of active remediation would not result in a significant reduction in the concentration of contaminants. This demonstration shall show the duration and degree of success of existing remedial efforts to attain the standards. For the purpose of this Rule, a "significant reduction" is demonstrated by showing that the asymptotic slope of the contaminant concentrations over time is less than a ratio of 1:40 over a term of one year based on four consecutive quarters with sampling events spaced at least three months apart.
(6) A natural attenuation corrective action plan for the remaining contamination in accordance with Paragraph (h) of this Rule.
(k) The Secretary shall not authorize termination of active remediation for any area that, at the time the request is made, has been identified by a State or local groundwater use planning process for resource development.
(l) The Secretary may authorize the termination of active remediation, or amend the corrective action plan after considering all the information in the request. In making the authorization, the Secretary shall consider geologic and hydrogeologic conditions, the nature and extent of the contamination, technical and economic feasibility, and public health impacts on all potential receptors should the contaminated plume reach them. The Secretary will review the request for completeness and may request any additional information necessary to make their authorization.
(m) In the evaluation of active remediation or natural attenuation corrective action plans, the Secretary shall consider the extent of any violations, the extent of any threat to human health, the extent of damage or potential adverse impact to the environment, technology available to accomplish restoration, the potential for degradation of the contaminants in the environment, geologic and hydrogeologic conditions, the time estimated to achieve groundwater quality restoration, technical and economic feasibility, and the public and economic benefits to be derived from groundwater quality restoration.
(n) Where continued corrective action would result in no significant reduction in contaminant concentrations as determined in Subparagraph (j)(5) of this Rule, the person may request that the Secretary designate the area of degraded groundwater RS. The Commission may also consider a request for reclassification of the groundwater to a GC classification as outlined in Rule .0319 of this Subchapter.
(o) If at any time the Secretary determines that a new technology is available that would remediate the contaminated groundwater to the standards specified in Rule .0202 of this Subchapter, the Secretary may require the person to evaluate the economic and technological feasibility of implementing the new technology in an active remediation corrective action plan. The Secretary's determination to utilize new technology at any site or for any particular contaminant or constituent of interest shall include a consideration of the factors in Rule .0111(c) of this Section.
(p) Where the standards are exceeded as a result of the application of pesticides or other agricultural chemicals, the Secretary shall request the Pesticide Board or the Department of Agriculture and Consumer Services to assist the Department in determining the cause of the violation. If the violation is determined to have resulted from the use of pesticides, the Secretary shall request the Pesticide Board to take appropriate regulatory action to control the use of the chemical or chemicals responsible for, or contributing to, such violations, or to discontinue their use.
(q) If a discharge or release is not governed by the rules in Section .0400 of this Subchapter and the increase in the concentration of a substance in excess of the standard resulted in whole or in part from a release from a commercial or noncommercial underground storage tank as defined in G.S. 143-215.94A, any person required to implement an approved corrective action plan pursuant to this Rule and seeking reimbursement for the Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds shall implement a corrective action plan meeting the requirements of Paragraph (g) or (h) of this Rule unless the person demonstrates to the Secretary that:
(1) contamination resulting from the discharge cannot qualify for approval of a plan based on the requirements of the Paragraphs (g) or (h) of this Rule; or
(2) the cost of making such a demonstration would exceed the cost of implementing a corrective action plan submitted pursuant to Rule .0111(c) of this Section.
(r) If a discharge or release is not governed by the rules in Section .0400 of this Subchapter and the increase in the concentration of a substance in excess of the standard resulted in whole or in part from a release from a commercial or noncommercial underground storage tank as defined in G.S. 143-215.94A, the Secretary may require any person implementing or operating a previously approved corrective action plan pursuant to this Rule to:
(1) develop and implement a corrective action plan meeting the requirements of Paragraphs (g) and (h) of this Rule; or
(2) seek discontinuance of corrective action pursuant to Paragraph (j) of this Rule.
(s) Pursuant to this Rule, the approval of any corrective action plan, modification, or termination thereof, that permits the migration of a contaminant onto adjacent property, shall not affect any private right of action by any party that may be affected by that contaminant.
History Note: Authority G.S. 143-215.1; 143-215.3; 143-215.94T; 143-215.94V; 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993; September 1, 1992;
Temporary Amendment Eff. January 2, 1998; January 2, 1996;
Amended Eff. July 1, 2016; October 29, 1998;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0107 COMPLIANCE BOUNDARY
(a) For disposal systems individually permitted prior to December 30, 1983, the compliance boundary shall be established at a horizontal distance of 500 feet from the waste boundary or at the property boundary, whichever is closer to the source.
(b) For disposal systems individually permitted on or after December 30, 1983, a compliance boundary shall be established at a horizontal distance of 250 feet from the waste boundary, or 50 feet within the property boundary, whichever point is closer to the source.
(c) The compliance boundary shall be established at the time of permit issuance and shall remain in place for the duration of the permit.
(d) The compliance boundary and zone shall extend vertically from the surface through the water table to the maximum depth of saturation.
(e) The permitted activity shall not cause or contribute to an exceedance of the surface water standards established under 15A NCAC 02B .0200.
(f) Multiple contiguous properties under common ownership and permitted for use as a waste disposal area shall be treated as a single property with regard to determination of a compliance zone and setbacks to property lines as per Paragraphs (a) or (b) of this Rule.
(g) Where compliance zones for separately permitted waste disposal areas under the same ownership on the same property intersect, the Director shall combine the compliance zones into one single compliance zone with a single compliance boundary.
(h) The permittee shall establish a monitoring program within the compliance zone per the requirements in Rule .0110 of this Section.
(i) Except as provided in Paragraph (m) of this Rule, no new water supply wells shall be constructed within the compliance zone of a disposal system individually permitted after January 1, 1993.
(j) Except as provided in Paragraph (m) of this Rule, if the land within an established compliance zone of a disposal system permitted after January 1, 1993 is transferred and that land is serviced by a community water system as regulated under 15A NCAC 18C, the source of which is located outside the compliance boundary, the deed shall contain notice of the permit, including the permit number, a description of the type of permit, and the name, address and telephone number of the permitting agency.
(k) Except as provided in Paragraph (m) of this Rule, if at the time a permit is issued after January 1, 1993, the permittee is not the owner of the land within the compliance zone, it shall be a condition of the permit issued or renewed that the landowner of the land within the compliance zone, if other than the permittee, execute and file in the Register of Deeds in the county in which the land is located, an easement running with the land that contains either a notice of the permit, including the permit number, a description of the type of permit, and the name, address and telephone number of the permitting agency; or a reference to a notice of the permit with book and page number of its recordation if such notice is required to be filed by statute. The Director shall, upon request by the landowner, file a document terminating the easement with the appropriate Register of Deeds once the following conditions have been met:
(1) all required groundwater remediation has been completed;
(2) groundwater monitoring is no longer required per Rule .0110(f) of this Section; and
(3) monitoring wells have been abandoned in accordance with 15A NCAC 02C .0113.
(l) Any sale or transfer of property which affects a compliance boundary shall be reported to the Director within seven days of the final sale or transfer. For disposal systems which are not governed by Paragraphs (j) or (k) of this Rule, the compliance boundary affected by the sale or transfer of property shall be reestablished consistent with this Rule.
(m) For ground adsorption sewage treatment and disposal systems serving four or fewer single family dwellings or multiunit dwellings of four or fewer units regulated under 15A NCAC 02T .0600, the requirements of Paragraphs (i). (j), and (k) of this Rule shall not be applicable.
(n) For ground absorption sewage treatment and disposal systems which are regulated under 15A NCAC 02T .0600, the compliance boundary shall be established at the property boundary.
(o) Penalties authorized pursuant to G.S. 143-215.6A(a)(1) shall not be assessed for violations of the standards within a compliance zone unless the violations are of permit conditions or negligence in the management of the facility.
(p) The Director shall require that exceedances of the standards resulting from activities conducted by the permitted facility within the compliance zone be remedied through clean-up, recovery, containment, facility design, or operational control if any of the following occur:
(1) A violation of the standards occurs or is expected through professional judgment or predicted through modeling to occur in groundwater at or beyond the compliance boundary as a result of the permitted activities.
(2) A violation of the surface water standards established under 15A NCAC 02B .0200 occurs or is expected through professional judgment or predicted through modeling to occur as a result of the permitted activities.
(3) An imminent hazard as defined in G.S. 130A-2 exists.
(4) An exceedance of the standards occurs in bedrock within the compliance zone as a result of the permitted activities, unless it can be demonstrated that the violation will not adversely affect any receptor.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993; November 2, 1992;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0108 REVIEW BOUNDARY
A review boundary is established around any waste disposal area half way between the compliance boundary and the waste boundary. When the concentration of any substance equals or exceeds the standard at the review boundary as determined by monitoring, the permittee shall be required to take action in accordance with the provisions of Rule .0106(d) of this Section.
History Note: Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143B-282;
Eff. August 1, 1989;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0109 DELEGATION
(a) The Director is delegated the authority to enter into consent special orders under G.S. 143-215.2 for violations of the standards except when a public meeting is required as provided in 15A NCAC 02H .1203.
(b) The Director is delegated the authority to prepare a proposed special order to be issued by the Commission without the consent of the person affected and to notify the affected person of that proposed order and of the procedure set out in G.S. 150B-23 to contest the proposed special order.
(c) The Director shall give public notice of proposed consent special orders as specified in 15A NCAC 02H .1203.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(4);
Eff. August 1, 1989;
Amended Eff. October 1, 1993; October 1, 1990;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0110 MONITORING
(a) Except where exempted by statute or this Subchapter, the Director may require any person who causes, permits, or has control over any discharge of waste or cleanup program, to implement a monitoring program in such detail as required to evaluate the effects of the discharge upon the environment or waters of the State, including the effect of any actions taken to restore groundwater quality, as well as the efficiency of any treatment facility. The Director shall consider information including the geologic and hydrogeologic conditions, potential receptors, and risks to public health and the environment in determining the nature and extent of any required monitoring program. The monitoring program plan shall be prepared under the charge of a professional engineer or licensed geologist and bear the seal of the same if required under G.S. 89C or G.S. 89E.
(b) Monitoring systems within the monitoring program shall be constructed and operated in a manner that will not result in the contamination of waters of the State.
(c) The Director may require modification of a monitoring program or system or require additional monitoring of a contaminant or constituent of interest if new information indicates such modification or additional monitoring is necessary to protect public health or the environment.
(d) Monitoring systems within the monitoring program shall be able to:
(1) Track the migration, degradation, and attenuation of contaminants and contaminant by-products from the source area through a point of compliance such as a compliance boundary (if applicable), within a contaminant plume, and in areas where the contaminant plume is expected through professional judgment or predicted through modeling to migrate.
(2) Be used to determine the background groundwater quality that is not affected by site conditions, actions, or activities.
(3) Detect contaminants and contaminant by-products prior to their reaching any potential receptor.
(4) Detect if a groundwater contaminant plume is causing or contributing to exceedances of the surface water standards established under 15A NCAC 02B .0200.
(e) Monitoring shall be conducted and results reported in a manner and at a frequency specified by the Director based on information including the geologic and hydrogeologic conditions, potential receptors, and risks to public health and the environment.
(f) Monitoring programs shall remain in effect until it is demonstrated that the contaminant concentrations resulting from site activities or actions have been reduced to a level at or below the standards for a minimum of four consecutive quarters with monitoring events spaced at least three months apart. The Director may require an extension of monitoring if the Director determines that concentrations are fluctuating at or near the standards or the data trends suggest that concentrations are increasing. Once the Director is satisfied that the concentrations are at or below standards or that corrective action is no longer necessary to ensure compliance with the Rules of this Subchapter, the Director shall furnish a letter stating that no further action is required. The Director shall also require a plan be submitted for maintaining or abandoning the monitoring wells in accordance with 15A NCAC 02C .0100.
History Note: Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143-215.65; 143-215.66; 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0111 REPORTS
(a) Any person subject to the requirements in Rule .0106 of this Section shall submit to the Director, plans or reports including those associated with initial response, site assessment, and corrective action. Reports shall be submitted in accordance with a schedule established by the Director. In establishing a schedule, the Director shall consider a proposal by the person submitting the plan or report.
(b) A site assessment conducted pursuant to the requirements of Paragraphs (c) or (e) in Rule .0106 of this Section shall include:
(1) a description of the site including current and historical operations at the facility and all current and historical waste streams;
(2) the source and cause of contamination;
(3) any imminent hazards to public health and any actions taken to mitigate them;
(4) a description of the initial response actions taken in accordance with Rule .0106(f) of this Section;
(5) all potential receptors and expected exposure pathways;
(6) the horizontal and vertical extent of soil and groundwater contamination and all significant factors affecting contaminant transport;
(7) background threshold values for affected media;
(8) geological and hydrogeological features influencing the movement, chemical, and physical character of the contaminants;
(9) the nature and extent of any surface water or sediment contamination resulting from interactions with contaminated soil or groundwater;
(10) a description of the sampling procedures followed, and methods of chemical analyses used;
(11) all technical data utilized in support of any interpretations, conclusions, determinations, or evaluations made; and
(12) the results of predictive calculations or modeling, including a copy of the calculations or model runs and all supporting technical data.
(c) Corrective action plans submitted pursuant to Paragraphs (c) or (e) in Rule .0106 of this Section for active remediation shall include:
(1) a summary of the results of the site assessment submitted in accordance with Paragraph (b) of this Rule;
(2) the technical basis for the requested corrective action;
(3) an evaluation of risk to receptors within the contaminant plume and in areas where the plume is expected through professional judgment or predicted through modeling to migrate;
(4) an evaluation of projected groundwater use within 1,500 feet of the predicted impacted area based on current State or local government planning efforts;
(5) a summary of the available technology that could feasibly be used as a potential remedial strategy based on the specific site conditions and nature and extent of the contamination that includes the predicted time to return to compliance with the standards and the estimated costs to implement each potential strategy;
(6) the proposed remedial technology that the person proposes to implement that includes:
(A) the rationale for selecting the proposed technology;
(B) plans and specifications, including engineering details;
(C) a schedule for implementation and operation of the technology;
(D) the predicted time to return to compliance with the standards;
(E) the estimated costs to implement and operate the technology;
(F) a monitoring plan to evaluate the effectiveness of the technology; and
(G) the results of any modeling or predictive calculations that shows the projected movement of the contaminant plume until the predicted time to return to compliance with the standards;
(7) all technical data utilized in support of any interpretations, conclusions, determinations, or evaluations made;
(8) a copy of the calculations or model runs and all supporting technical data; and
(9) a demonstration that:
(A) all necessary access agreements needed to monitor groundwater quality have been or can be obtained; and
(B) the proposed corrective action plan would be consistent with all other environmental laws.
(d) Corrective action plans submitted pursuant to Paragraphs (c) or (e) in Rule .0106 of this Section for natural attenuation shall include:
(1) a summary of the results of the site assessment submitted in accordance with Paragraph (b) of this Rule;
(2) the technical basis for the requested corrective action;
(3) an evaluation of risk to receptors within the contaminant plume and in areas where the plume is expected through professional judgment or predicted through modeling to migrate;
(4) an evaluation of projected groundwater use within 1,500 feet of the predicted impacted area based on current State or local government planning efforts;
(5) the predicted time to return to compliance with the standards;
(6) the results of any modeling or predictive calculations that show the projected movement of the contaminant plume until the predicted time to return to compliance with the standards;
(7) all technical data utilized in support of any interpretations, conclusions, determinations, or evaluations made;
(8) a copy of the calculations or model runs and all supporting technical data;
(9) a monitoring plan to evaluate the effectiveness of the natural attenuation; and
(10) a demonstration that:
(A) all sources of contamination and free product have been removed or controlled pursuant to Rule .0106(f) of this Section;
(B) the contaminant has the capacity to degrade or attenuate under the site-specific conditions;
(C) the time and direction of contaminant travel can be predicted based on subsurface conditions and the contaminant's physical and chemical properties;
(D) contaminant migration will not result in any violation of applicable standards at any existing or potential receptor;
(E) contaminants have not and will not migrate onto adjacent properties, or that:
(i) such properties are served by an existing public water supply system dependent on surface waters or hydraulically isolated groundwater; or
(ii) the owners of such properties have consented in writing to the request;
(F) if the contaminant plume is expected through professional judgment or predicted through modeling to intercept surface waters, the groundwater discharge will not possess contaminant concentrations that would result in violations of the surface water standards established under 15A NCAC 02B .0200;
(G) all necessary access agreements needed to monitor groundwater quality have been or can be obtained;
(H) public notice of the request has been provided in accordance with Rule .0114(b) and (c) of this Section; and
(I) the proposed corrective action plan would be consistent with all other environmental laws.
(e) All reports and plans shall be prepared under the charge of a professional engineer, licensed soil scientist, or licensed geologist if required under G.S. 89C, G.S. 89E, or G.S. 89F.
History Note: Authority G.S. 143-215.1(b); 143-215.3(a)(1); 143-215.65; 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or noncompliance with the standards established in Rule .0202 of this Subchapter shall be in accordance with 15A NCAC 02H .0805(a)(1).
History Note: Authority G.S. 143-215.3(a)(1); 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0113 VARIANCE
(a) The Commission, on its own initiative or pursuant to a request under G.S. 143-215.3(e), may grant variances to the rules of this Subchapter.
(b) Requests for variances are submitted by the applicant to the Commission. The application shall be submitted in writing to the chairman of the Commission in care of the Director.
(c) The application shall contain the following information:
(1) Applications filed by counties or municipalities shall include a resolution of the County Board of Commissioners or the governing board of the municipality requesting the variance.
(2) A description of the past, existing, or proposed activities or operations that have or would result in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A location map showing the orientation of the facility, potential for groundwater contaminant migration, as well as the area covered by the variance request, with reference to at least two geographic references including numbered roads, named streams/rivers, etc. shall be included.
(4) Supporting information to establish that the variance will not endanger the public health, including health and environmental effects from exposure to groundwater contaminants. Location of wells and other water supply sources including details of well construction, if known, within 1/2 mile of site shall be shown on a map.
(5) Supporting information to establish that requirements of this Rule cannot be achieved by providing the best available technology economically reasonable. This information shall identify specific technology considered, the costs of implementing the technology, and the impact of the costs on the applicant.
(6) Supporting information to establish that compliance would produce serious financial hardship on the applicant.
(7) Supporting information that compliance would produce serious financial hardship without equal or greater public benefit.
(8) A copy of any Special Order that was issued in connection with contaminants in the proposed area and supporting information that applicant has complied with the Special Order.
(9) A list of the names and addresses of any property owners within the proposed area of the variance, as well as property owners adjacent to the site covered by the variance.
(d) Upon receipt of the application, the Director shall review it for completeness and request additional information if incomplete. When the application is complete, the Director shall give public notice of the application and schedule the matter for a public hearing in accordance with G.S. 143-215.4(b) and the procedures set out in Paragraph (e) of this Rule.
(e) Notice of Public Hearing:
(1) Notice of public hearing on any variance application shall be circulated in the geographical areas of the proposed variance. At least 20 days prior to the date of the hearing, the Director shall:
(A) publish the notice one time in a newspaper having general circulation in said county;
(B) submit the notice to the North Carolina Department of Health and Human Services, Environmental Health Section and appropriate local health director;
(C) submit the notice to any other federal, state or local agency upon request;
(D) submit the notice to the local governmental unit or units having jurisdiction over the geographic area covered by the variance;
(E) submit the notice to any property owner within the proposed area of the variance, as well as any property owners adjacent to the site covered by the variance;
(F) submit the notice to any person or group upon request; and
(G) post the notice on the Department website.
(2) The contents of public notice of any hearing shall include the following:
(A) name, address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose application will be considered at the meeting;
(C) a brief summary of the variance request;
(D) a geographic description of a proposed area for which a variance is requested;
(E) a brief description of activities or operations which have or will result in the discharge of contaminants to the waters of the State described in the variance application;
(F) a brief reference to the public notice issued for each variance application;
(G) information regarding the time and location for the hearing;
(H) the purpose of the hearing;
(I) the address and phone number of premises at which interested persons may obtain further information, request a copy of each application, and inspect and copy forms and related documents; and
(J) a brief description of the nature of the hearing including the rules and procedures to be followed. The notice shall also state that additional information is on file with the Director and may be inspected at any time during normal working hours. Copies of the information on file will be made available upon request and payment of cost or reproduction.
(f) All comments received within 30 days following the date of publication in the newspaper in Part (e)(1)(A) of this Rule shall be made part of the application file and shall be considered by the Commission prior to taking final action on the application.
(g) In determining whether to grant a variance, the Commission shall consider whether the applicant has complied with any Special Order or Special Order by Consent issued under G.S. 143-215.2.
(h) The applicant may file a petition for a contested case in accordance with Chapter 150B of the General Statutes. If the petition is not filed within 60 days, the decision on the variance shall be final and binding.
(i) A variance shall not operate as a defense to an action at law based upon a public or private nuisance theory or any other cause of action.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.3(e); 143-215.4;
Eff. August 1, 1989;
Amended Eff. October 1, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0114 NOTIFICATION REQUIREMENTS
(a) Any person subject to the requirements of Rule .0106(c) or (e) of this Section shall submit to the local health director and the chief administrative officer of the jurisdictions in which the groundwater contamination has occurred, a copy of the site assessment report as required by Rule .0111(b) of this Section.
(b) Any person who submits a request under Rule .0106(g) or (h) of this Section shall notify the local health director and the chief administrative officer of the jurisdictions in which the contaminant plume occurs, and all property owners and occupants within or contiguous to the area underlain by the contaminant plume, and under the areas where it is predicted through modeling or expected through professional judgment to migrate, a summary of the request and reasons supporting it. Notification shall be made by certified mail concurrent with the submittal of the request to the Director. Individuals interested in the request may submit written comments to the Director within 30 days of the receipt of the notification. The Director shall issue a final decision after considering the written comments.
(c) Any person whose request under Rule .0106(g) or (h) of this Section is granted by the Director shall notify parties specified in Paragraph (b) of this Rule of the Director's decision and a summary of the actions to be taken. Notification shall be made by certified mail within 30 days of receipt of the Director's decision.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); 143B-282(a)(2)(c);
Eff. October 1, 1993;
Readopted Eff. June 1, 2022.
15A NCAC 02L .0115 RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Temporary Adoption Eff. January 2, 1998;
Eff. October 29, 1998;
Recodified to 15A NCAC 02L .0400 Eff. December 1, 2005.
SECTION .0200 - CLASSIFICATIONS AND GROUNDWATER QUALITY STANDARDS
15A NCAC 02L .0201 GROUNDWATER CLASSIFICATIONS
The classifications which may be assigned to the groundwaters will be those specified in the following series of classifications:
(1) Class GA groundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of drinking water supply for humans.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in which chloride concentrations are equal to or less than 250 mg/l, and which are considered suitable for drinking in their natural state, but which may require treatment to improve quality related to natural conditions.
(c) Occurrence. In the saturated zone.
(2) Class GSA groundwaters; usage and occurrence:
(a) Best Usage. Existing or potential source of water supply for potable mineral water and conversion to fresh waters.
(b) Conditions Related to Best Usage. This class is intended for those groundwaters in which the chloride concentrations due to natural conditions is in excess of 250 mg/l, but which otherwise may be considered suitable for use as potable water after treatment to reduce concentrations of naturally occurring substances.
(c) Occurrence. In the saturated zone.
(3) Class GC groundwaters: usage and occurrence:
(a) Best Usage. The best usage of GC groundwaters is as a source of water supply for purposes other than drinking, including other domestic uses by humans.
(b) Conditions Related to Best Usage. This class includes those groundwaters that do not meet the quality criteria for GA or GSA groundwaters and for which efforts to improve groundwater quality would not be technologically feasible, or not in the best interest of the public. Continued consumption of waters of this class by humans could result in adverse health affects.
(c) Occurrence. Groundwaters of this class may be defined by the Commission pursuant to Section .0300 of this Subchapter on a case by case basis.
History Note: Authority G.S. 143-214.1; 143B-282(2);
Eff. June 10, 1979;
Amended Eff. October 1, 1993; August 1, 1989; September 1, 1984; December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0202 GROUNDWATER QUALITY STANDARDS
(a) The groundwater quality standards for the protection of the groundwaters of the State are those specified in this Rule. They are the maximum allowable concentrations resulting from any discharge of contaminants to the land or waters of the State, which may be tolerated without creating a threat to human health or which would otherwise render the groundwater unsuitable for its intended best usage.
(b) The groundwater quality standards for contaminants specified in Paragraphs (h) and (i) of this Rule are as listed, except that:
(1) Where the standard for a substance is less than the practical quantitation limit, the detection of that substance at or above the practical quantitation limit constitutes a violation of the standard. The practical quantitation limit, defined in Rule .0102 of this Subchapter, is a scientific standard pursuant to G.S. 150B-2(8a)(h).
(2) Where two or more substances exist in combination, the Director shall consider the effects of chemical interactions after consulting with the Division of Public Health and may establish maximum concentrations at values less than those established in accordance with Paragraphs (c), (h), or (i) of this Rule, based on additive toxic effects. In the absence of information to the contrary, in accordance with Paragraph (d) of this Rule, the carcinogenic risks associated with carcinogens present shall be considered additive and the toxic effects associated with non-carcinogens present shall also be considered additive.
(3) Where naturally occurring substances exceed the established standard, the standard shall be the naturally occurring concentration as established by the Director based upon site-specific conditions.
(4) Where the groundwater standard for a substance is greater than the Maximum Contaminant Level (MCL), the Director shall apply the MCL as the groundwater standard at any private drinking water well or public water system well that may be impacted.
(c) Except for tracers, the use of which has been permitted by the Division in 15A NCAC 02C .0200, substances that are not naturally occurring and for which no standard is specified in Paragraphs (h) or (i) of this Rule shall not be permitted in concentrations at or above the practical quantitation limit in Class GA or Class GSA groundwaters. Any person may request the Director of the Division of Water Resources modify this requirement by establishing an Interim Maximum Allowable Concentration (IMAC) in accordance with the specific guidelines listed in Subparagraphs (1)-(9) of this Paragraph. In addition, any person may request the Director of the Division of Water Resources to update or remove an existing IMAC in accordance with the specific guidelines listed in Subparagraphs (1)-(9) of this Paragraph. The requestor shall submit relevant toxicological and epidemiological data, study results, and calculations in accordance with Paragraphs (d) and (e) of this Rule. The specific guidelines are as follows:
(1) The Division shall review the request to determine whether the information submitted is in accordance with Paragraphs (d) and (e) of this Rule.
(2) If the information submitted is not in accordance with Paragraphs (d) and (e) of this Rule, the Director of the Division of Water Resources shall request additional information from the requester. If the requester does not provide the additional information necessary to be in accordance with Paragraphs (d) and (e) of this Rule, the Director of the Division of Water Resources shall return the request.
(3) If the information submitted is in accordance with Paragraphs (d) and (e) of this Rule, at least 30 days prior to establishing, updating, or removing an IMAC for any substance, the Division of Water Resources shall provide public notice and opportunity for comment that an IMAC has been requested to be established, updated, or removed. The public notice shall include:
(A) the request for the establishment, update, or removal of the IMAC for a substance,
(B) the level of the proposed IMAC, which is calculated by the Division of Water Resources in accordance with Paragraphs (d) and (e) of this Rule,
(C) if applicable the level of the existing IMAC, and
(D) the basis upon which the Division of Water Resources has relied in development of the proposed IMAC establishment, update, or removal.
This notice shall be emailed to interested parties and posted on the Division of Water Resources' website: .
(4) If the Director of the Division of Water Resources finds the establishment, update or removal will not degrade the quality of the groundwaters, will not likely cause or contribute to pollution of the waters of the state, and will be protective of public health, then the Director shall establish, update or remove the IMAC. If the request does not meet the requirements listed in this Subparagraph, the Director of the Division of Water Resources shall return the request. The Director shall establish, update, or remove the IMAC or return the request within 180 calendar days of receipt of a request submitted in accordance with Paragraphs (d) and (e) of this Rule unless the requester agrees, in writing, to a longer period. Failure by the Director to establish, update or remove an IMAC or return the request within 180 days of receipt of a request submitted in accordance with Paragraphs (d) and (e) of this Rule shall be considered a return of the request.
(5) If the Director of the Division of Water Resources establishes or updates an IMAC, the IMAC shall be posted on the Division of Water Resource's website and the Commission shall be notified in writing within 30 calendar days and at the next regularly scheduled Commission meeting that a new IMAC has been established or an existing IMAC has been updated or removed.
(6) (A) Within 12 months of establishing an IMAC pursuant to this Paragraph, the Director of the Division of Water Resources shall make a recommendation to the Commission whether:
(i) a new groundwater standard in place of the IMAC should be established pursuant to this Rule; or
(ii) the IMAC should expire.
(B) After a recommendation is presented by the Director under Part (A) of this Subparagraph, the Commission shall decide whether rulemaking shall be initiated to adopt a new groundwater standard in place of the IMAC.
(C) If the Commission initiates rulemaking to adopt a new groundwater standard in place of the IMAC, then the IMAC shall remain in effect unless it expires under Subparagraph (7) of this Paragraph.
(7) An IMAC shall expire upon the earliest of:
(A) the date the Commission declines to initiate rulemaking to adopt a new groundwater standard in place of the IMAC under Part (B) of Subparagraph (c)(6);
(B) the effective date of a Rule adopted by the Commission establishing a new groundwater standard in place of the IMAC; or
(C) after initiating rulemaking pursuant to Part (C) of Subparagraph (c)(6), the date the Commission declines to adopt a new groundwater standard in place of the IMAC.
(8) For any IMAC that expires prior to the adoption by the Commission of a new groundwater standard in place of the IMAC, any person may request an IMAC be established again under this Paragraph based on new information in accordance with Paragraphs (d) and (e) of this Rule that was not included in the original IMAC request to the Director or new site information that was not included in the original IMAC request to the Director.
(9) The Director of the Division of Water Resources shall provide an annual update to the Commission on the status of pending IMAC requests and any IMACs that have been established, updated or removed during the previous calendar year.
(d) Except as provided in Paragraph (f) of this Rule, groundwater quality standards for substances in Class GA and Class GSA groundwaters are established as the least of:
(1) Systemic threshold concentration calculated as follows: [Reference Dose (mg/kg/day) x 70 kg (adult body weight) x Relative Source Contribution (0.10 for inorganics; 0.20 for organics)] / [2 liters/day (avg. water consumption)];
(2) Concentration that corresponds to an incremental lifetime cancer risk of 1x10-6;
(3) Taste threshold limit value;
(4) Odor threshold limit value;
(5) Maximum contaminant level; or
(6) National secondary drinking water standard.
(e) The following references, in order of preference, shall be used in establishing concentrations of substances which correspond to levels described in Paragraph (d) of this Rule:
(1) Integrated Risk Information System (U.S. EPA);
(2) Health Advisories (U.S. EPA Office of Drinking Water);
(3) Other health risk assessment data published by the U.S. EPA; or
(4) Other relevant, published health risk assessment data, and scientifically valid peer-reviewed published toxicological data.
(f) The Commission may establish groundwater standards less stringent than existing maximum contaminant levels or national secondary drinking water standards if it finds, after public notice and opportunity for hearing in accordance with G.S. 150B, that:
(1) more recent data published in the EPA health references listed in Paragraph (e) of this Rule results in a standard that is protective of public health, taste threshold, or odor threshold;
(2) the standard will not endanger the public health and safety, including health and environmental effects from exposure to groundwater contaminants; and
(3) compliance with a standard based on the maximum contaminant level or national secondary drinking water standard would produce substantial hardship without equal or greater public benefit.
(g) Groundwater quality standards specified in Paragraphs (h) and (i) of this Rule shall be reviewed by the Division of Water Resources on a triennial basis to consider whether to recommend to the Commission that new or revised groundwater quality standards be adopted in accordance with Paragraphs (d) and (e) of this Rule.
(h) Class GA Standards. Unless otherwise indicated, the standard refers to the total concentration in micrograms per liter (µg/L) of any constituent in a dissolved, colloidal, or particulate form that is mobile in groundwater. These standards do not apply to sediment or other particulate matter that is preserved in a groundwater sample as a result of well construction or sampling procedures. The Class GA standards are:
|Substance |Chemical Abstracts Service (CAS) |Standard (µg/L) |
| |Registry Number | |
|Acenaphthene |83-32-9 |80 |
|Acenaphthylene |208-96-8 |200 |
|Acetic acid |64-19-7 |5,000 |
|Acetochlor |34256-82-1 |100 |
|Acetochlor ESA |187022-11-3 |500 |
|Acetochlor OXA |184992-44-4 |500 |
|Acetone |67-64-1 |6,000 |
|Acetophenone |98-86-2 |700 |
|Acrolein |107-02-8 |4 |
|Acrylamide |79-06-1 |0.008 |
|Alachlor |15972-60-8 |2 |
|Aldrin |309-00-2 |0.002 |
|Anthracene |120-12-7 |2,000 |
|Antimony |7440-36-0 |1 |
|Arsenic |7440-38-2 |10 |
|Atrazine and chlorotriazine metabolites |1912-24-9 |3 |
|Barium |7440-39-3 |700 |
|Benzene |71-43-2 |1 |
|Benzo(a)anthracene |56-55-3 |0.05 |
|Benzo(a)pyrene |50-32-8 |0.005 |
|Benzo(b)fluoranthene |205-99-2 |0.05 |
|Benzo(g,h,i)perylene |191-24-2 |200 |
|Benzo(k)fluoranthene |207-08-9 |0.5 |
|Benzoic acid |65-85-0 |30,000 |
|Benzyl alcohol |100-51-6 |700 |
|Beryllium |7440-41-7 |4 |
|Bis(chloroethyl)ether |111-44-4 |0.03 |
|Bis(2-ethylhexyl) phthalate |117-81-7 |3 |
|Boron |7440-42-8 |700 |
|Bromodichloromethane |75-27-4 |0.6 |
|Bromoform |75-25-2 |4 |
|Bromomethane |74-83-9 |10 |
|n-Butanol |71-36-3 |590 |
|sec-Butanol |78-92-2 |10,000 |
|n-Butylbenzene |104-51-8 |70 |
|sec-Butylbenzene |135-98-8 |70 |
|tert-Butylbenzene |98-06-6 |70 |
|Butylbenzyl phthalate |85-68-7 |1,000 |
|Cadmium |7440-43-9 |2 |
|Caprolactam |105-60-2 |4,000 |
|Carbofuran |1563-66-2 |40 |
|Carbon disulfide |75-15-0 |700 |
|Carbon tetrachloride |56-23-5 |0.3 |
|Chlordane |12789-03-6 |0.1 |
|Chloride |16887-00-6 |250,000 |
|Chlorobenzene |108-90-7 |50 |
|Chloroethane |75-00-3 |3,000 |
|Chloroform |67-66-3 |70 |
|Chloromethane |74-87-3 |3 |
|2-Chlorophenol |95-57-8 |0.4 |
|2-Chlorotoluene |95-49-8 |100 |
|4-Chlorotoluene |106-43-4 |24 |
|Chromium |7440-47-3 |10 |
|Chrysene |218-01-9 |5 |
|Cobalt |7440-48-4 |1 |
|Coliform organisms (total) |No CAS Registry Number |1 per 100 mL |
|Color |No CAS Registry Number |15 color units |
|Copper |7440-50-8 |1,000 |
|Cyanide (free cyanide) |57-12-5 |70 |
|2,4-D (2,4-dichlorophenoxy acetic acid) |94-75-7 |70 |
|Dalapon |75-99-0 |200 |
|DDD |72-54-8 |0.1 |
|DDE |72-55-9 |0.1 |
|DDT |50-29-3 |0.1 |
|Dibenz(a,h)anthracene |53-70-3 |0.005 |
|1,4-Dibromobenzene |106-37-6 |70 |
|Dibromochloromethane |124-48-1 |0.4 |
|1,2-Dibromo-3-chloropropane |96-12-8 |0.04 |
|Dibutyl phthalate |84-74-2 |700 |
|Dichloroacetic acid |79-43-6 |0.7 |
|1,2-Dichlorobenzene |95-50-1 |20 |
|1,3-Dichlorobenzene |541-73-1 |200 |
|1,4-Dichlorobenzene |106-46-7 |6 |
|Dichlorodifluoromethane |75-71-8 |1,000 |
|1,1-Dichloroethane |75-34-3 |6 |
|1,2-Dichloroethane |107-06-2 |0.4 |
|1,2-Dichloroethene (cis) |156-59-2 |70 |
|1,2-Dichloroethene (trans) |156-60-5 |100 |
|1,1-Dichloroethylene |75-35-4 |350 |
|2,4-Dichlorophenol |120-83-2 |0.98 |
|1,2-Dichloropropane |78-87-5 |0.6 |
|1,3-Dichloropropene (cis and trans isomers) |542-75-6 |0.4 |
|Dieldrin |60-57-1 |0.002 |
|Diethylphthalate |84-66-2 |6,000 |
|2,4-Dimethylphenol |105-67-9 |100 |
|2,4-Dinitrotoluene |121-14-2 |0.05 |
|2,6-Dinitrotoluene |606-20-2 |0.05 |
|Di-n-octyl phthalate |117-84-0 |100 |
|Dinoseb |88-85-7 |7 |
|1,4-Dioxane |123-91-1 |3 |
|Dioxin (2,3,7,8-TCDD) |1746-01-6 |0.0002 ng/L |
|1,1-Diphenyl |92-52-4 |400 |
|Diphenyl ether |101-84-8 |180 |
|Diquat |85-00-7 |20 |
|Dissolved solids (total) |No CAS Registry Number |500,000 |
|Disulfoton |298-04-4 |0.3 |
|Diundecyl phthalate (Santicizer 711) |3648-20-2 |100 |
|Endosulfan |115-29-7 |40 |
|Endosulfan sulfate |1031-07-8 |40 |
|Endothall |145-73-3 |100 |
|Endrin, total (includes endrin, endrin aldehyde, and endrin ketone)|72-20-8 |2 |
|Epichlorohydrin |106-89-8 |4 |
|Ethyl acetate |141-78-6 |3,000 |
|Ethylbenzene |100-41-4 |600 |
|Ethylene dibromide |106-93-4 |0.02 |
|Ethylene glycol |107-21-1 |10,000 |
|Fluoranthene |206-44-0 |300 |
|Fluorene |86-73-7 |300 |
|Fluoride |16984-48-8 |2,000 |
|Foaming agents |No CAS Registry Number |500 |
|Formaldehyde |50-00-0 |600 |
|Gross alpha (adjusted) particle activity (excludes radium-226 and |12587-46-1 |15 pCi/L |
|uranium) | | |
|Heptachlor |76-44-8 |0.008 |
|Heptachlor epoxide |1024-57-3 |0.004 |
|Heptane |142-82-5 |400 |
|Hexachlorobenzene |118-74-1 |0.02 |
|Hexachlorobutadiene |87-68-3 |0.4 |
|Hexachlorocyclohexane isomers (technical grade) |608-73-1 |0.02 |
|alpha-Hexachlorocyclohexane |319-84-6 |0.006 |
|beta-Hexachlorocyclohexane |319-85-7 |0.02 |
|gamma-Hexachlorocyclohexane (Lindane) |58-89-9 |0.03 |
|n-Hexane |110-54-3 |400 |
|Indeno(1,2,3-cd)pyrene |193-39-5 |0.05 |
|Iron |7439-89-6 |300 |
|Isophorone |78-59-1 |40 |
|Isopropyl ether |108-20-3 |70 |
|Isopropylbenzene |98-82-8 |70 |
|4-Isopropyltoluene |99-87-6 |25 |
|Lead |7439-92-1 |15 |
|Manganese |7439-96-5 |50 |
|Mercury |7439-97-6 |1 |
|Methanol |67-56-1 |4,000 |
|Methoxychlor |72-43-5 |40 |
|Methylene chloride |75-09-2 |5 |
|Methyl butyl ketone |591-78-6 |40 |
|Methyl ethyl ketone |78-93-3 |4,000 |
|Methyl isobutyl ketone |108-10-1 |100 |
|Methyl methacrylate |80-62-6 |25 |
|1-Methylnapthalene |90-12-0 |1 |
|2-Methylnaphthalene |91-57-6 |30 |
|2-Methylphenol |95-48-7 |400 |
|3-Methylphenol |108-39-4 |400 |
|4-Methylphenol |106-44-5 |40 |
|Methyl tert-butyl ether (MTBE) |1634-04-4 |20 |
|Naphthalene |91-20-3 |6 |
|Nickel |7440-02-0 |100 |
|Nitrate (as N) |14797-55-8 |10,000 |
|Nitrite (as N) |14797-65-0 |1,000 |
|N-nitrosodimethylamine |62-75-9 |0.0007 |
|Oxamyl |23135-22-0 |200 |
|Pentachlorophenol |87-86-5 |0.3 |
|Petroleum aliphatic carbon fraction class (C5 – C8) |No CAS Registry Number |400 |
|Petroleum aliphatic carbon fraction class (C9 – C18) |No CAS Registry Number |700 |
|Petroleum aliphatic carbon fraction class (C19 – C36) |No CAS Registry Number |10,000 |
|Petroleum aromatics carbon fraction class (C9 – C22) |No CAS Registry Number |200 |
|pH |No CAS Registry Number |6.5 - 8.5 (no unit) |
|Phenanthrene |85-01-8 |200 |
|Phenol |108-95-2 |30 |
|Phorate |298-02-2 |1 |
|n-Propylbenzene |103-65-1 |70 |
|Propylene glycol |57-55-6 |100,000 |
|Pyrene |129-00-0 |200 |
|Selenium |7782-49-2 |20 |
|Silver |7440-22-4 |20 |
|Simazine |122-34-9 |4 |
|Strontium |7440-24-6 |2,000 |
|Styrene |100-42-5 |70 |
|Sulfate |14808-79-8 |250,000 |
|1,2,4,5-Tetrachlorobenzene |95-94-3 |2 |
|1,1,2,2-Tetrachloroethane |79-34-5 |0.2 |
|1,1,1,2-Tetrachloroethane |630-20-6 |1 |
|Tetrachloroethylene (PCE) |127-18-4 |0.7 |
|2,3,4,6-Tetrachlorophenol |58-90-2 |200 |
|Thallium |7440-28-0 |2 |
|Tin (inorganic forms) |7440-31-5 |2,000 |
|Toluene |108-88-3 |600 |
|Toxaphene |8001-35-2 |0.03 |
|2,4,5-TP (Silvex) |93-72-1 |50 |
|1,2,4-Trichlorobenzene |120-82-1 |70 |
|1,1,1-Trichloroethane |71-55-6 |200 |
|1,1,2-Trichloroethane |79-00-5 |0.6 |
|Trichloroethylene (TCE) |79-01-6 |3 |
|Trichlorofluoromethane |75-69-4 |2,000 |
|2,4,5-Trichlorophenol |95-95-4 |63 |
|2,4,6-Trichlorophenol |88-06-2 |4 |
|1,2,3-Trichloropropane |96-18-4 |0.005 |
|1,2,4-Trimethylbenzene |95-63-6 |400 |
|1,3,5-Trimethylbenzene |108-67-8 |400 |
|Vanadium |7440-62-2 |7 |
|1,1,2-Trichloro-1,2,2-trifluoroethane |76-13-1 |200,000 |
|Vinyl chloride |75-01-4 |0.03 |
|Xylenes |1330-20-7 |500 |
|Zinc |7440-66-6 |1,000 |
(i) Class GSA Standards. The standards for this class are the same as those for Class GA except as follows:
(1) chloride: allowable increase not to exceed 100 percent of the natural quality concentration; and
(2) dissolved solids (total): 1,000,000 µg/L.
(j) Class GC Standards.
(1) The concentrations of substances that, at the time of classification, exceed the standards applicable to Class GA or GSA groundwaters shall not be caused to increase, nor shall the concentrations of other substances be caused to exceed the GA or GSA standards as a result of further disposal of contaminants to or beneath the surface of the land within the boundary of the area classified GC.
(2) The concentrations of substances that, at the time of classification, exceed the standards applicable to GA or GSA groundwaters shall not be caused to migrate as a result of activities within the boundary of the GC classification, so as to violate the groundwater or surface water quality standards in adjoining waters of a different class.
(3) Concentrations of specific substances, that exceed the established standard at the time of classification, are listed in Section .0300 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143-214.2; 143-215.3(a)(1); 143-215.3(a)(4); 143B-282(a)(2); 150B-2(8a)(h); 150B-19(6);
Eff. June 10, 1979;
Amended Eff. November 1, 1994; October 1, 1993; September 1, 1992; August 1, 1989;
Temporary Amendment Eff. June 30, 2002;
Amended Eff. August 1, 2002;
Temporary Amendment Expired February 9, 2003;
Amended Eff. April 1, 2013; January 1, 2010; April 1, 2005;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Amended Eff. April 1, 2022.
SECTION .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS
15A NCAC 02L .0301 CLASSIFICATIONS: GENERAL
(a) Schedule of Classifications. The classifications are based on the quality, occurrence and existing or contemplated best usage of the groundwaters as established in Section .0200 of this Subchapter and are assigned statewide except where supplemented or supplanted by specific classification assignments by major river basins.
(b) Classifications and Water Quality Standards. The classifications and standards assigned to the groundwaters are denoted by the letters GA, GSA, or GC. These classifications refer to the classifications and standards established by Rule .0201 of this Subchapter.
History Note: Authority G.S. 143-214.1; 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0302 STATEWIDE
The classifications assigned to the groundwaters located within the boundaries or under the extraterritorial jurisdiction of the State of North Carolina are:
(1) Class GA Waters. Those groundwaters in the state naturally containing 250 mg/l or less of chloride are classified GA.
(2) Class GSA Waters. Those groundwaters in the state naturally containing greater than 250 mg/l chloride are classified GSA.
(3) Class GC Waters. Those groundwaters assigned the classification GC in Rules .0303 - .0318 of this Section.
History Note: Authority G.S. 143-214.1; 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0303 BROAD RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0304 CAPE FEAR RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0305 CATAWBA RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0306 CHOWAN RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0307 FRENCH BROAD RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0308 HIWASSEE RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0309 LITTLE TENNESSEE RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0310 SAVANNAH RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0311 LUMBER RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0312 NEUSE RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0313 NEW-WATAUGA RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0314 PASQUOTANK RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0315 ROANOKE RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0316 TAR PAMLICO RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0317 WHITE OAK RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0318 YADKIN-PEE DEE RIVER BASIN
No classification assignments other than those specified in Rule .0302 are made for the river basin.
History Note: Authority G.S. 143-214.1;
Eff. December 30, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02L .0319 RECLASSIFICATION
The groundwater classifications as assigned may be revised by the Commission following public notice and subsequent public hearing. Changes may be to a higher or lower classification. Reclassification requests may be submitted to the Director.
History Note: Authority G.S. 143-214.1; 143-215.3(e); 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
SECTION .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS
15A NCAC 02L .0401 PURPOSE
(a) The purpose of this Section is to establish procedures for risk-based assessment and corrective action sufficient to:
(1) protect human health and the environment;
(2) abate and control contamination of the waters of the State as deemed necessary to protect human health and the environment;
(3) permit management of the State's groundwaters to protect their designated current usage and potential future uses;
(4) provide for anticipated future uses of the State's groundwater;
(5) recognize the diversity of contaminants, the State's geology and the characteristics of each individual site; and
(6) accomplish these goals in a cost-efficient manner to assure the best use of the limited resources available to address groundwater pollution within the State.
(b) Section .0100 of this Subchapter shall apply to this Section unless specifically excluded.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(a);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0402 Definitions
The definitions as set out in Rule .0102 of this Subchapter shall apply to this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0403 Rule application
This Section shall apply to any discharge or release from a "commercial underground storage tank" or a "noncommercial underground storage tank," as those terms are defined in G.S. 143-215.94A, that is reported on or after January 2, 1998. The requirements of this Section shall apply to the owner and operator of the underground storage tank from which the discharge or release occurred, a landowner seeking reimbursement from the Commercial Leaking Underground Storage Tank Fund or the Noncommercial Leaking Underground Storage Tank Fund under G.S. 143-215.94E, and any other person responsible for the assessment or cleanup of a discharge or release from an underground storage tank, including any person who has conducted or controlled an activity that results in the discharge or release of petroleum or petroleum products as defined in G.S. 143-215.94A(10) to the groundwaters of the State or in proximity thereto; these persons shall be collectively referred to for purposes of this Section as the "responsible party." This Section shall be applied in a manner consistent with the rules found in 15A NCAC 02N in order to assure that the State's requirements regarding assessment and cleanup from underground storage tanks are no less stringent than Federal requirements.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(b);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY
(a) Upon a discharge or release of petroleum from a commercial underground storage tank the responsible party shall:
(1) take action to prevent all further discharge or release of petroleum from the underground storage tank; identify and mitigate all fire, explosion, and vapor hazards; remove any free product; and comply with the requirements of 15A NCAC 02N .0601 through .0604, .0701 through .0703, and .0705 within 24 hours of discovery;
(2) incorporate the requirements of 15A NCAC 02N .0704 into the submittal required under Subparagraph (3) of this Paragraph or the limited site assessment report required under Rule .0405 of this Section, whichever is applicable. The submittals shall constitute compliance with the reporting requirements of 15A NCAC 02N .0704(b); and
(3) submit within 90 days of the discovery of the discharge or release a soil contamination report containing information sufficient to show that remaining unsaturated soil in the side walls and at the base of the excavation does not contain contaminant levels that exceed either the "soil-to-groundwater" or the residential maximum soil contaminant concentrations established by the Department pursuant to Rule .0411 of this Section, whichever is lower. If the showing is made, the discharge or release shall be classified as low risk by the Department as defined in Rules .0406 and .0407 of this Section.
(b) Upon a discharge or release of petroleum from a noncommercial underground storage tank the responsible party shall:
(1) take necessary actions to protect public health, safety, and welfare and the environment, including actions to prevent all further discharge or release of petroleum from the noncommercial underground storage tank; identify and mitigate all fire, explosion, and vapor hazards; and report the release within 24 hours of discovery, in compliance with G.S. 143-215.83(a), G.S. 143-215.84(a), G.S. 143-215.85(b), and G.S. 143-215.94E; and
(2) provide or otherwise make available any information required by the Department to determine the site risk as described in Rules .0405, .0406, and .0407 of this Section.
(c) The Department shall notify the responsible party for a discharge or release of petroleum from a noncommercial underground storage tank that no cleanup, no further cleanup, or no further action shall be required without additional soil remediation pursuant to Rule .0408 of this Section if the site is determined by the Department to be low risk. This classification is based on information provided to the Department that:
(1) describes the source and type of the petroleum release, site-specific risk factors, and risk factors present in the surrounding area as defined in Rules .0406 and .0407 of this Section;
(2) demonstrates that no remaining risk factors are present that are likely to be affected per G.S. 143-215.94V(b); or
(3) documents that soils remaining onsite do not contain contaminant levels that exceed either the "soil-to-groundwater" or the residential maximum soil contaminant concentrations established by the Department pursuant to Rule .0411 of this Section, whichever is lower.
The Department shall reclassify the site as high risk, as defined in Rule .0406(1) of this Section, upon receipt of new information related to site conditions indicating that the discharge or release from a noncommercial underground storage tank poses an unacceptable risk or a potentially unacceptable risk to human health or the environment, as described in Rule .0407 of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(1)-(3);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT
(a) If the required showing for a commercial underground storage tank cannot be made or if the Department determines that a release from a noncommercial underground storage tank represents an unacceptable risk under Rule .0404 of this Section, the responsible party shall submit within 120 days of the discovery of the discharge or release, a report containing information needed by the Department to classify the level of risk to human health and the environment posed by a discharge or release under Rule .0406 of this Section.
(b) The responsible party may submit a written request for an extension to the 120 day deadline set forth in Paragraph (a) of this Rule to the Department for the Department's consideration prior to the deadline. The request for deadline extension by the responsible party shall demonstrate that the extension, if granted by the Department, would not increase the risk posed by the release. When considering a request from a responsible party for additional time to submit the report, the Department shall consider the following:
(1) the extent to which the request for additional time is due to factors outside of the control of the responsible party;
(2) the previous history of the person submitting the report in complying with deadlines established under the Commission's rules;
(3) the technical complications associated with assessing the extent of contamination at the site or identifying potential receptors; and
(4) the necessity for action to eliminate an imminent threat to public health or the environment.
(c) The report shall include:
(1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area of a confirmed release or discharge and depicting all water supply wells, surface waters, and designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. 42 U.S.C. 300h-7(e), is incorporated by reference including subsequent amendments and editions. Copies may be obtained at no cost from the U.S. Government Bookstore's website at . The material is available for inspection at the Department of Environmental Quality, UST Section, 217 West Jones Street, Raleigh, NC 27603. For purposes of this Section, "source area" means the point of release or discharge from the underground storage tank system;
(2) a determination of whether the source area of the discharge or release is within a designated wellhead protection area as defined in 42 U.S.C. 300h-7(e);
(3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published by the Department in 1985, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the Department's website at , a determination of whether the source area of the discharge or release is located in an area in which there is recharge to an unconfined or semi-confined deeper aquifer that is being used or may be used as a source of drinking water;
(4) a determination of whether vapors from the discharge or release pose a threat of explosion due to the accumulation of vapors in a confined space or pose any other serious threat to public health, public safety, or the environment;
(5) scaled site maps showing the location of the following that are on or adjacent to the property where the source is located:
(A) site boundaries;
(B) roads;
(C) buildings;
(D) basements;
(E) floor and storm drains;
(F) subsurface utilities;
(G) septic tanks and leach fields;
(H) underground and aboveground storage tank systems;
(I) monitoring wells;
(J) water supply wells;
(K) surface water bodies and other drainage features;
(L) borings; and
(M) the sampling points;
(6) the results from a limited site assessment that shall include:
(A) the analytical results from soil samples collected during the construction of a monitoring well installed in the source area of each confirmed discharge or release from a noncommercial or commercial underground storage tank and either the analytical results of a groundwater sample collected from the well or, if free product is present in the well, the amount of free product in the well. The soil samples shall be collected every five feet in the unsaturated zone unless a water table is encountered at or greater than a depth of 25 feet from land surface in which case soil samples shall be collected every 10 feet in the unsaturated zone. The soil samples shall be collected from suspected worst-case locations exhibiting visible contamination or elevated levels of volatile organic compounds in the borehole;
(B) if any constituent in the groundwater sample from the source area monitoring well installed in accordance with Part (A) of this Subparagraph, for a site meeting the high risk classification in Rule .0406(1) of this Section, exceeds the standards or interim standards established in Rule .0202 of this Subchapter by a factor of 10 and is a discharge or release from a commercial underground storage tank, the analytical results from a groundwater sample collected from each of three additional monitoring wells or, if free product is present in any of the wells, the amount of free product in such well. The three additional monitoring wells shall be installed as follows: one upgradient of the source of contamination and two downgradient of the source of contamination. The monitoring wells installed upgradient and downgradient of the source of contamination shall be located such that groundwater flow direction can be determined; and
(C) potentiometric data from all required wells;
(7) the availability of public water supplies and the identification of properties served by the public water supplies within 1500 feet of the source area of a confirmed discharge or release;
(8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed discharge or release;
(9) a discussion of site-specific conditions or possible actions that could result in lowering the risk classification assigned to the release. The discussion shall be based on information known or required to be obtained under this Paragraph; and
(10) names and current addresses of all owners and operators of the underground storage tank systems for which a discharge or release is confirmed, the owners of the land upon which such systems are located, and all potentially affected real property owners.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(4);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0406 DISCHARGE OR RELEASE CLASSIFICATIONS
The Department shall classify the risk of each known discharge or release as high, intermediate, or low risk unless the discharge or release has been classified under Rule .0404(a)(3) or (c) of this Section. For purposes of this Section:
(1) "High risk" means that:
(a) a water supply well, including one used for non-drinking purposes, has been contaminated by a release or discharge;
(b) a water supply well used for drinking water is located within 1000 feet of the source area of a confirmed discharge or release from a commercial underground storage tank or a noncommercial underground storage tank of 1100 gallons or less in capacity used for storing motor fuel for noncommercial purposes;
(c) a water supply well not used for drinking water is located within 250 feet of the source area of a confirmed discharge or release from a commercial underground storage tank or a noncommercial underground storage tank of 1100 gallons or less in capacity used for storing motor fuel for noncommercial purposes;
(d) the groundwater within 500 feet of the source area of a confirmed discharge or release from a commercial underground storage tank or a noncommercial underground storage tank of 1100 gallons or less in capacity used for storing motor fuel for noncommercial purposes has the potential for future use in that there is no source of water supply other than the groundwater;
(e) a water supply well, including one used for non-drinking purposes, is located within 150 feet of the source area of a confirmed discharge or release from a noncommercial underground storage tank storing heating oil for consumptive use on the premises;
(f) the vapors from a discharge or release pose a serious threat of explosion due to accumulation of the vapors in a confined space; or
(g) a discharge or release poses an imminent danger to public health, public safety, or the environment.
(2) "Intermediate risk" means that:
(a) surface water is located within 500 feet of the source area of a confirmed discharge or release from a commercial underground storage tank and the maximum groundwater contaminant concentration exceeds the applicable surface water quality standards and criteria found in 15A NCAC 02B .0200 by a factor of 10;
(b) in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published by the Department in 1985, the source area of a confirmed discharge or release from a commercial underground storage tank is located in an area in which there is recharge to an unconfined or semi-confined deeper aquifer that the Department determines is being used or may be used as a source of drinking water;
(c) the source area of a confirmed discharge or release from a commercial underground storage tank is within a designated wellhead protection area, as defined in 42 U.S.C. 300h-7(e);
(d) the levels of groundwater contamination associated with a confirmed discharge or release from a commercial underground storage tank for any contaminant except ethylene dibromide, benzene, and alkane and aromatic carbon fraction classes exceed 50 percent of the solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater standard or interim standard established in Rule .0202 of this Subchapter, whichever is lower; or
(e) the levels of groundwater contamination associated with a confirmed discharge or release from a commercial underground storage tank for ethylene dibromide and benzene exceed 1,000 times the federal drinking water standard set out in 40 CFR 141. 40 CFR 141 is incorporated by reference including subsequent amendments and editions. Copies may be obtained at no cost from the U.S. Government Bookstore's website at . The material is available for inspection at the Department of Environmental Quality, UST Section, 217 West Jones Street, Raleigh, NC 27603.
(3) "Low risk" means that:
(a) the risk posed does not fall within the high risk category for any underground storage tank, or within the intermediate risk category for a commercial underground storage tank; or
(b) based on review of site-specific information, limited assessment, or interim corrective actions, the discharge or release poses no significant risk to human health or the environment.
If the criteria for more than one risk category applies, the discharge or release shall be classified at the highest risk level identified in Rule .0407 of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(d);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0407 Reclassification of risk levels
(a) Each responsible party shall have the continuing obligation to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be known by the responsible party, including changes in zoning of real property, use of real property, or the use of groundwater that has been contaminated or is expected to be contaminated by the discharge or release.
(b) The Department shall reclassify the risk posed by a release if warranted by further information concerning the potential exposure of receptors to the discharge or release or upon receipt of new information concerning changed conditions at the site. After initial classification of the discharge or release, the Department may require limited assessment, interim corrective action, or other actions that the Department believes will result in a lower risk classification.
(c) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party shall comply with the assessment and cleanup requirements of Rule .0106(c), (g), and (h) of this Subchapter and 15A NCAC 02N .0706 and .0707. The goal of a required corrective action for groundwater contamination shall be restoration to the level of the groundwater standards set forth in Rule .0202 of this Subchapter, or as closely thereto as is economically and technologically feasible. In a corrective action plan submitted pursuant to this Paragraph, natural attenuation shall be used to the maximum extent possible, when the benefits of its use do not increase the risk to the environment and human health. If the responsible party demonstrates that natural attenuation prevents the further migration of the plume, the Department may approve a groundwater monitoring plan.
(d) If the risk posed by a discharge or release is determined by the Department to be an intermediate risk, the responsible party shall comply with the assessment requirements of Rule .0106(c) and (g) of this Subchapter and 15A NCAC 02N .0706. As part of the comprehensive site assessment, the responsible party shall evaluate, based on site-specific conditions, whether the release poses a significant risk to human health or the environment. If the Department determines, based on the site-specific conditions, that the discharge or release does not pose a significant threat to human health or the environment, the site shall be reclassified as a low risk site. If the site is not reclassified, the responsible party shall, at the direction of the Department, submit a groundwater monitoring plan or a corrective action plan, or a combination thereof, meeting the cleanup standards of this Paragraph and containing the information required in Rule .0106(h) of this Subchapter and 15A NCAC 02N .0707. Discharges or releases that are classified as intermediate risk shall be remediated, at a minimum, to a cleanup level of 50 percent of the solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater standard or interim standard established in Rule .0202 of this Subchapter, whichever is lower, for any groundwater contaminant except ethylene dibromide, benzene and alkane and aromatic carbon fraction classes. Ethylene dibromide and benzene shall be remediated to a cleanup level of 1,000 times the federal drinking water standard as referenced in 15A NCAC 18C .1518 incorporated by reference including subsequent amendments and editions, and available free of charge at 15a - environmental quality/chapter 18 - environmental health/subchapter c/15a ncac 18c .1518.pdf. Additionally, if a corrective action plan or groundwater monitoring plan is required under this Paragraph, the responsible party shall demonstrate that the groundwater cleanup levels are sufficient to prevent a violation of:
(1) the rules contained in 15A NCAC 02B;
(2) the standards contained in Rule .0202 of this Subchapter in a deep aquifer as described in Rule .0406(2)(b) of this Section; and
(3) the standards contained in Rule .0202 of this Subchapter at a location no closer than one year time of travel upgradient of a well within a designated wellhead protection area, based on travel time and the natural attenuation capacity of the subsurface materials or on a physical barrier to groundwater migration that exists or will be installed by the person making the request.
In any corrective action plan submitted pursuant to this Paragraph, natural attenuation shall be used to the maximum extent possible, if the benefits of its use do not increase the risk to the environment and human health.
(e) If the risk posed by a discharge or release is determined to be a low risk, the Department shall notify the responsible party that no cleanup, no further cleanup, or no further action is required by the Department unless the Department later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. No notification shall be issued pursuant to this Paragraph, however, until the responsible party has:
(1) completed soil remediation pursuant to Rule .0408 of this Section or as closely thereto as economically or technologically feasible;
(2) submitted proof of public notification, if required pursuant to Rule .0409(b) of this Section; and
(3) recorded all required land-use restrictions pursuant to G.S. 143B-279.9 and 143B-279.11.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(e)-(h);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0408 ASSESSMENT AND REMEDIATION PROCEDURES
Assessment and remediation of soil contamination shall be addressed as follows:
(1) At the time that the Department determines the risk posed by the discharge or release, the Department shall also determine, based on site-specific information, whether the site is "residential" or "industrial/commercial." For the purposes of this Section, a site is presumed residential, but may be classified as industrial/commercial if the Department determines based on site-specific information that exposure to the soil contamination is limited in time due to the use of the site and does not involve exposure to children. For the purposes of this Paragraph, "site" means both the property upon which the discharge or release occurred and any property upon which soil has been affected by the discharge or release.
(2) For a discharge or release from a commercial underground storage tank, or for a discharge or release from a noncommercial underground storage tank classified by the Department as high risk, the responsible party shall submit a report to the Department assessing the vertical and horizontal extent of soil contamination in excess of the lower of:
(a) the residential or industrial/commercial maximum soil contaminant concentration, whichever is applicable, that has been established by the Department pursuant to Rule .0411 of this Section; or
(b) the "soil-to-groundwater" maximum soil contaminant concentration that has been established by the Department pursuant to Rule .0411 of this Section.
(3) For a discharge or release from a commercial underground storage tank classified by the Department as low risk, the responsible party shall submit a report demonstrating that soil contamination has been remediated to either the residential or industrial/commercial maximum soil contaminant concentration established by the Department pursuant to Rule .0411 of this Section, whichever is applicable.
(4) For a discharge or release classified by the Department as high or intermediate risk, the responsible party shall submit a report demonstrating that soil contamination has been remediated to the lower of:
(a) the residential or industrial/commercial maximum soil contaminant concentration, whichever is applicable, that has been established by the Department pursuant to Rule .0411 of this Section; or
(b) the "soil-to-groundwater" maximum soil contaminant concentration that has been established by the Department pursuant to Rule .0411 of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(i);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0409 NOTIFICATION REQUIREMENTS
(a) A responsible party who submits a corrective action plan that proposes natural attenuation, to cleanup groundwater contamination to a standard other than a standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil other than to the standard for residential use or soil-to-groundwater contaminant concentration established pursuant to this Section, whichever is lowest, shall give notice to:
(1) the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;
(2) all property owners and occupants within or contiguous to the area containing the contamination; and
(3) all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.
The notice shall describe the nature of the plan and the reasons supporting it. Notification shall be made by certified mail concurrent with the submittal of the corrective action plan. Approval of the corrective action plan by the Department shall be postponed for a period of 60 days following receipt of the request so that the Department may receive and consider comments. The responsible party shall, within 30 days, provide the Department with a copy of the notice and proof of receipt of each required notice or of refusal by the addressee to accept delivery of a required notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a copy of the posted notice and a description of the manner in which such posted notice was given.
(b) A responsible party who receives a notice from the Department pursuant to Rule .0404(c) or .0407(e) of this Section for a discharge or release that has not been remediated to the groundwater standards or interim standards established in Rule .0202 of this Subchapter or to the lower of the residential or soil-to-groundwater contaminant concentrations established under Rule .0411 of this Section, shall, within 30 days of the receipt of such notice, provide a copy of the notice to:
(1) the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;
(2) all property owners and occupants within or contiguous to the area containing the contamination; and
(3) all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.
Notification shall be made by certified mail. The responsible party shall, within 60 days of receipt of the original notice from the Department, provide the Department with proof of receipt of the copy of the notice or of refusal by the addressee to accept delivery of the copy of the notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a description of the manner in which the posted notice was given.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(j) and (k);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0410 departmental listing of discharges or releases
The Department shall maintain in each of the Department's regional offices a list of all petroleum underground storage tank discharges or releases discovered and reported to the Department within the region on or after the effective date of this Section and all petroleum underground storage tank discharges or releases for which notification was issued under Rule .0407(e) of this Section by the Department on or after the effective date of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(l);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0411 establishing maximum soil contamination concentrations
The Department shall publish on the Department website and annually revise maximum soil contaminant concentrations to be used as soil cleanup levels for contamination from petroleum underground storage tank systems. The Department shall establish maximum soil contaminant concentrations for residential, industrial/commercial, and soil-to-groundwater exposures as follows:
(1) The following equations and references shall be used in establishing residential maximum soil contaminant concentrations. Equation 1 shall be used for each contaminant with an EPA carcinogenic classification of A, B1, B2, C, D or E. Equation 2 shall be used for each contaminant with an EPA carcinogenic classification of A, B1, B2 or C. The maximum soil contaminant concentration shall be the lower of the concentrations derived from Equations 1 and 2.
(a) Equation 1: Non-cancer Risk-based Residential Ingestion Concentration
Soil mg/kg =[0.2 x oral chronic reference dose x body weight, age 1 to 6 x averaging time noncarcinogens] / [exposure frequency x exposure duration, age 1 to 6 x (soil ingestion rate, age 1 to 6 / 106 mg/kg)].
(b) Equation 2: Cancer Risk-based Residential Ingestion Concentration
Soil mg/kg =[target cancer risk of 10-6 x averaging time carcinogens] / [exposure frequency x (soil ingestion factor, age adjusted / 106mg/kg) x oral cancer slope factor]. The age adjusted soil ingestion factor shall be calculated by: [(exposure duration, age 1 to 6 x soil ingestion rate, age 1 to 6) /( body weight, age 1 to 6)] + [((exposure duration, total - exposure duration, age 1 to 6) x soil ingestion, adult) / (body weight, adult)].
(c) The exposure factors selected in calculating the residential maximum soil contaminant concentrations shall be within the recommended ranges specified in the following references or the most recent version of these references:
(i) EPA, 2011. Exposure Factors Handbook, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(ii) EPA, 1991. Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part B, Development of Risk Based Preliminary Remediation Goals), incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(iii) EPA. Regional Screening Level Generic Tables (RSL) and User's Guide, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ; and
(iv) EPA, 2018. Region 4 Human Health Risk Assessment Supplemental Guidance, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at .
(d) The following references or the most recent version of these references, in order of preference, shall be used to obtain oral chronic reference doses and oral cancer slope factors:
(i) EPA. Integrated Risk Information System (IRIS) Computer Database, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(ii) EPA. Health Effects Assessment Summary Tables (HEAST), incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(iii) EPA. Regional Screening Level Generic Tables (RSL) and User's Guide;
(iv) EPA, 2018. Region 4 Human Health Risk Assessment Supplemental Guidance; and
(v) Other scientifically valid peer-reviewed published health risk assessment data, and scientifically valid peer-reviewed published toxicological data.
(2) The following equations and references shall be used in establishing industrial/commercial maximum soil contaminant concentrations. Equation 1 shall be used for each contaminant with an EPA carcinogenic classification of A, B1, B2, C, D or E. Equation 2 shall be used for each contaminant with an EPA carcinogenic classification of A, B1, B2 or C. The maximum soil contaminant concentration shall be the lower of the concentrations derived from Equations 1 and 2.
(a) Equation 1: Non-cancer Risk-based Industrial/Commercial Ingestion Concentration
Soil mg/kg =[0.2 x oral chronic reference dose x body weight, adult x averaging time noncarcinogens] / [exposure frequency x exposure duration, adult x (soil ingestion rate, adult / 106 mg/kg) x fraction of contaminated soil ingested].
(b) Equation 2: Cancer Risk-based Industrial/Commercial Ingestion Concentration
Soil mg/kg =[target cancer risk of 10-6 x body weight, adult x averaging time carcinogens] / [exposure frequency x exposure duration, adult x (soil ingestion rate, adult / 106 mg/kg) x fraction of contaminated soil ingested x oral cancer slope factor].
(c) The exposure factors selected in calculating the industrial/commercial maximum soil contaminant concentrations shall be within the recommended ranges specified in the following references or the most recent version of these references:
(i) EPA, 2011. Exposure Factors Handbook;
(ii) EPA, 1991. Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part B, Development of Risk Based Preliminary Remediation Goals);
(iii) EPA. Regional Screening Level Generic Tables (RSL) and User's Guide; and
(iv) EPA, 2018. Region 4 Human Health Risk Assessment Supplemental Guidance.
(d) The following references or the most recent version of these references, in order of preference, shall be used to obtain oral chronic reference doses and oral cancer slope factors:
(i) EPA. Integrated Risk Information System (IRIS) Computer Database;
(ii) EPA. Health Effects Assessment Summary Tables (HEAST);
(iii) EPA. Regional Screening Level Generic Tables (RSL) and User's Guide;
(iv) EPA, 2018. Region 4 Human Health Risk Assessment Supplemental Guidance; and
(v) Other scientifically valid peer-reviewed published health risk assessment data, and scientifically valid peer-reviewed published toxicological data.
(3) The following equations and references shall be used in establishing the soil-to-groundwater maximum contaminant concentrations:
(a) Organic Constituents:
Soil mg/kg = groundwater standard or interim standard x [(.02 x soil organic carbon-water partition coefficient) + 4 + (1.733 x 41 x Henry's Law Constant (atm.-m3/mole))].
(i) If no groundwater standard or interim standard has been established under Rule .0202 of this Subchapter, the practical quantitation limit shall be used in lieu of a standard to calculate the soil-to-groundwater maximum contaminant concentrations.
(ii) The following references or the most recent version of these references, in order of preference, shall be used to obtain soil organic carbon-water partition coefficients and Henry's Law Constants:
(A) EPA. Superfund Chemical Data Matrix (SCDM), incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(B) EPA, 1991. Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part A), incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ; it is Volume I of the three-volume set called Risk Assessment Guidance for Superfund;
(C) Agency for Toxic Substances and Disease Registry, "Toxicological Profile for [individual chemical]," incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Agency for Toxic substances and Disease Registry website at ;
(D) Montgomery, J.H., 2007. Groundwater Chemicals Desk Reference. CRC Press. This document is incorporated by reference including subsequent amendments and editions, and may be obtained for a charge of two hundred ninety six dollars ($296.00) at or a copy may be reviewed at the Division of Waste Management, Underground Storage Tank Section office at 217 West Jones Street, Raleigh, N.C. 27603; and
(E) Other scientifically valid peer-reviewed published data.
(b) Inorganic Constituents:
Soil mg/kg = groundwater standard or interim standard x [(20 x soil-water partition coefficient for pH of 5.5) + 4 + (1.733 x 41 x Henry's Law Constant (atm.-m3/mole))].
(i) If no groundwater standard or interim standard has been established under Rule .0202 of this Subchapter, the practical quantitation limit shall be used in lieu of a standard to calculate the soil-to-groundwater maximum contaminant concentrations.
(ii) The following references or the most recent version of these references, in order of preference, shall be used to obtain soil-water partition coefficients and Henry's Law Constants:
(A) EPA. Superfund Chemical Data Matrix (SCDM);
(B) Baes, C.F., III, R.D. Sharp, A.L. Sjoreen, and R.W. Shor, 1984. A Review and Analysis of Parameters for Assessing Transport of Environmentally Released Radionuclides Through Agriculture. Oak Ridge National Laboratory, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the United States Nuclear Regulatory Commission website at ;
(C) Agency for Toxic Substances and Disease Registry, "Toxicological Profile for [individual chemical];" and
(D) Other scientifically valid peer-reviewed published data.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(m);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0412 analytical procedures for soil samples
(a) Analytical procedures for soil samples required under this Section shall be methods accepted by the US EPA as suitable for determining the presence and concentration of petroleum hydrocarbons for the type of petroleum released.
(b) Soil samples collected, including the most contaminated sample, shall be analyzed as follows in order to determine the risks of the constituents of contamination:
(1) soil samples collected from a discharge or release of low boiling point fuels, including gasoline, aviation gasoline, and gasohol, shall be analyzed for volatile organic compounds and additives, including isopropyl ether and methyl tertiary butyl ether, using EPA Method 8260;
(2) soil samples collected from a discharge or release of high boiling point fuels, including kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels, and fuel oil no. 2, shall be analyzed for volatile organic compounds using EPA Method 8260 and semivolatile organic compounds using EPA Method 8270;
(3) soil samples collected from a discharge or release of heavy fuels shall be analyzed for semivolatile organic compounds using EPA Method 8270;
(4) soil samples collected from a discharge or release of used and waste oil shall be analyzed for volatile organic compounds using EPA Method 8260, semivolatile organic compounds using EPA Method 8270, polychlorinated biphenyls using EPA Method 8080, and chromium and lead using procedures specified in Subparagraph (6) of this Paragraph;
(5) soil samples collected from a discharge or release subject to this Section shall be analyzed for alkane and aromatic carbon fraction classes using methods approved by the Director under 15A NCAC 02H .0805(a)(1);
(6) analytical methods specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph shall be performed as specified in the following references or the most recent version of these references: Test Methods for Evaluating Solid Wastes:Physical/Chemical Methods, November 1990, U.S. Environmental Protection Agency publication number SW-846, is incorporated by reference and may be purchased for a cost of three hundred sixty seven dollars ($367.00) from the Superintendent of Documents, U.S. Government Printing Office (GPO), Washington, DC 20402; or in accordance with other methods or procedures approved by the Director under 15A NCAC 02H .0805(a)(1);
(7) other EPA-approved analytical methods may be used if the methods include the same constituents as the analytical methods specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet the detection limits of the analytical methods specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph; and
(8) metals and acid extractable organic compounds shall be eliminated from analyses of soil samples collected pursuant to this Section if these compounds are not detected in soil samples collected during the construction of the source area monitoring well required under Rule .0405 of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(n);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0413 analytical procedures for groundwater samples
(a) Analytical procedures for groundwater samples required under this Section shall be methods accepted by the US EPA as suitable for determining the presence and concentration of petroleum hydrocarbons for the type of petroleum released.
(b) Groundwater samples, including the most contaminated sample, shall be analyzed as follows in order to determine the risks of the constituents of contamination:
(1) groundwater samples collected from a discharge or release of low boiling point fuels, including gasoline, aviation gasoline, and gasohol, shall be analyzed for volatile organic compounds, including xylenes, isopropyl ether, and methyl tertiary butyl ether, using Standard Method 6200B or EPA Methods 601 and 602. Samples shall also be analyzed for ethylene dibromide using EPA Method 504.1 and lead using Standard Method 3030C preparation. 3030C metals preparation, using a 0.45 micron filter, shall be completed within 72 hours of sample collection;
(2) groundwater samples collected from a discharge or release of high boiling point fuels, including kerosene, diesel, varsol, mineral spirits, naphtha, jet fuels, and fuel oil no. 2, shall be analyzed for volatile organic compounds using EPA Method 602 and semivolatile organic compounds plus the 10 largest non-target peaks identified using EPA Method 625;
(3) groundwater samples collected from a discharge or release of heavy fuels shall be analyzed for semivolatile organic compounds plus the 10 largest non-target peaks identified using EPA Method 625;
(4) groundwater samples collected from a discharge or release of used or waste oil shall be analyzed for volatile organic compounds using Standard Method 6200B, semivolatile organic compounds plus the 10 largest non-target peaks identified using EPA Method 625, and chromium and lead using Standard Method 3030C preparation. 3030C metals preparation, using a 0.45 micron filter, shall be completed within 72 hours of sample collection;
(5) groundwater samples collected from a discharge or release subject to this Section shall be analyzed for alkane and aromatic carbon fraction classes using methods approved by the Director under 15A NCAC 02H .0805(a)(1);
(6) analytical methods specified in Subparagraphs (1), (2), (3) and (4) of this Paragraph shall be performed as specified in the following references or the most recent version of these references:
(A) Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act, 40 CFR Part 136, is incorporated by reference and may be obtained electronically free of charge from the United States Environmental Protection Agency website at ;
(B) Standard Methods for the Examination of Water and Wastewater, published jointly by American Public Health Association, American Water Works Association and Water Pollution Control Federation, is incorporated by reference and is available for purchase from the American Water Works Association (AWWA), 6666 West Quincy Avenue, Denver, CO 80235 for a charge of one hundred sixty dollars ($160.00) for the 18th Edition, one hundred eighty dollars ($180.00) for the 19th Edition, and two hundred dollars ($200.00) for the 20th Edition; or
(C) in accordance with methods or procedures approved by the Director under 15A NCAC 02H .0805(a)(1);
(7) other EPA-approved analytical methods may be used if the methods include the same constituents as the analytical methods specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph and meet the detection limits of the analytical methods specified in Subparagraphs (1), (2), (3), and (4) of this Paragraph; and
(8) metals and acid extractable organic compounds shall be eliminated from analyses of groundwater samples collected pursuant to this Section if these compounds are not detected in the groundwater sample collected from the source area monitoring well installed pursuant to Rule .0405 of this Section.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(o);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0414 Required laboratory certification
In accordance with 15A NCAC 02H .0804, laboratories shall obtain North Carolina Division of Water Resources laboratory certification for parameters that are required to be reported to the State in compliance with the State's surface water, groundwater, and pretreatment rules.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(p);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0415 discharges or releases from other sources
This Section shall not relieve any person responsible for assessment or cleanup of contamination from a source other than a commercial or noncommercial underground storage tank from its obligation to assess and clean up contamination resulting from the discharge or releases.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(q);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0416 Eligibility of sites to continue remediation under rules existing before the effective date of 15A NCAC 02L .0115
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(r);
Amended Eff. December 1, 2005;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
15A NCAC 02L .0417 Establishing cleanup requirements For sites eligible to continue remediation under rules existing before the effective date of 15A NCAC 02L .0115
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(s);
Amended Eff. December 1, 2005;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
SECTION .0500 – RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES
15A NCAC 02L .0501 PURPOSE
(a) The purpose of this Section is to establish procedures for risk-based assessment and corrective action sufficient to:
(1) protect human health and the environment;
(2) abate and control contamination of the waters of the State as deemed necessary to protect human health and the environment;
(3) permit management of the State's groundwaters to protect their designated current usage and potential future uses;
(4) provide for anticipated future uses of the State's groundwater;
(5) recognize the diversity of contaminants, the State's geology, and the characteristics of each individual site; and
(6) accomplish these goals in a cost-efficient manner to assure the best use of the limited resources available to address groundwater pollution within the State.
(b) Section .0100 of this Subchapter shall apply to this Section unless specifically excluded.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0502 Definitions
The definitions as set out in Rule .0102 of this Subchapter and the following definitions shall apply throughout this Section:
(1) "Aboveground storage tank" or "AST" means any one or a combination of tanks, including pipes connected thereto, that is used to contain an accumulation of petroleum.
(2) "AST system" means an aboveground storage tank, connected piping, ancillary equipment, and containment system, if any.
(3) "Discharge" includes any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil into groundwater or surface water or upon land in such proximity to such water that it is likely to reach the water and any discharge upon land which is intentional, knowing, or willful.
(4) "Non-UST means as defined in G.S. 143-215.104AA(g) and excludes underground storage tank releases governed by G.S. 143-215.94V.
(5) "Operator" means any person in control of or having responsibility for the daily operation of the AST system.
(6) "Owner" means any person who owns a petroleum aboveground storage tank or other non-UST petroleum tank, stationary or mobile, used for storage, use, dispensing, or transport.
(7) "Person" means an individual, trust, firm, joint stock company, Federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. "Person" also includes a consortium, a joint venture, a commercial entity, and the United States Government.
(8) "Petroleum" or "petroleum products" means as defined in G.S. 143-215.94A(10).
(9) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing into groundwater, surface water, or surface or subsurface soils.
(10) "Tank" means a device used to contain an accumulation of petroleum and constructed of non-earthen materials, such as concrete, steel, or plastic, that provides structural support.
History Note: Authority G.S. 143-212(4); 143-215.3(a)(1); 143-215.77; 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0503 Rule application
The requirements of this Section shall apply to the owner and operator of a petroleum aboveground storage tank or other non-UST petroleum tank, stationary or mobile, from which a discharge or release occurred and to any person determined to be responsible for assessment and cleanup of a discharge or release from a non-UST petroleum source, including any person who has conducted or controlled an activity that results in the discharge or release of petroleum or petroleum products (as defined in G.S. 143-215.94A(10)) to the groundwaters of the State or in proximity thereto. These persons shall be collectively referred to as the "responsible party" for purposes of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0504 Required initial reSponse and abatement actions by responsible party
Upon a discharge or release of petroleum from a non-UST petroleum source the responsible party shall:
(1) take actions to prevent all further discharge or release of petroleum from the non-UST petroleum source; identify and mitigate all fire, explosion, or vapor hazard; and report the release within 24 hours of discovery, in compliance with G.S. 143-215.83(a), 84(a), and 85(b);
(2) perform initial abatement actions to measure for the presence of a release where contamination is most likely to be present; confirm the source of the release; investigate to determine the possible presence of free product; begin free product removal; and to continue to monitor and mitigate all additional fire, explosion, or vapor hazards posed by vapors or by free product; and submit a report to the Department of Environmental Quality, UST Section, Regional Office Supervisor in accordance with 15A NCAC 02B .0309 and .0311, within 20 days after release confirmation summarizing these initial abatement actions;
(3) remove contaminated soil that would act as a continuing source of contamination to groundwater. For a new release, no further action shall be necessary if:
(a) initial abatement actions involving control and removal of contaminated materials are initiated within 48 hours from discovery and before contaminated materials begin to impact groundwater; and
(b) analysis, in accordance with the approved methods in Rule .0412 of this Subchapter, of representative samples of remaining soils shows concentrations:
(i) at or below the more stringent of the soil-to-groundwater concentration value and the residential maximum soil contamination concentration value; or
(ii) using other EPA-approved analytical methods in accordance with Rule .0412(b)(7) of this Subchapter, concentration values below the more stringent of the soil-to-groundwater concentration alkane and aromatic carbon fraction class values and the residential maximum soil contamination concentration alkane and aromatic carbon fraction class values;
For new releases, if the abatement actions cannot be initiated within 48 hours of discovery or if soil concentrations remain above the values in this Paragraph, the responsible party shall conduct all activities under Items (1) through (5) of this Rule;
(4) conduct initial site assessment, assembling information about the site and the nature of the release, including the following:
(a) a site history and site characterization, including data on nature and estimated quantity of release and data from available sources and site investigations concerning surrounding populations, water quality, use, and approximate locations of wells, surface water bodies, and subsurface structures potentially affected by the release, subsurface soil conditions, locations of subsurface utilities, climatological conditions, and land use;
(b) the results of free product investigations and free product removal, if applicable;
(c) the results of groundwater and surface water investigations, if applicable;
(d) a summary of initial response and abatement actions; and
(5) submit as required in Item (2) of this Rule, within 90 days of the discovery of the discharge or release:
(a) an initial assessment and abatement report as required in Item (4) of this Rule;
(b) soil assessment information sufficient to show that remaining unsaturated soil in the side walls and at the base of the excavation does not contain contaminant levels that exceed either the soil-to-groundwater or the residential maximum soil contaminant concentrations established by the Department pursuant to Rule .0511 of this Section, whichever is lower; and
(c) documentation to show that neither bedrock nor groundwater was encountered in the excavation or, if groundwater was encountered, that contaminant concentrations in groundwater were equal to or less than the groundwater quality standards established in Rule .0202 of this Subchapter. If such showing is made, the discharge or release shall be classified as low risk by the Department.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0505 Requirements for limited site assessment
(a) If the required showing cannot be made by the responsible party under Rule .0504 of this Section, the responsible party shall submit within 120 days of the discovery of the discharge or release, a report as required in Rule .0504 of this Section, containing information needed by the Department to classify the level of risk to human health and the environment posed by a discharge or release under Rule .0506 of this Section.
(b) The responsible party may submit a written request an extension to the 120 day deadline set forth in Paragraph (a) of this Rule to the Department for the Department's consideration prior to the deadline. The request for deadline extension by the responsible party shall demonstrate that the extension, if granted by the Department, would not increase the risk posed by the release. When considering a request from a responsible party for additional time to submit the report, the Department shall consider the following:
(1) the extent to which the request for additional time is due to factors outside of the control of the responsible party;
(2) the previous history of the person submitting the report in complying with deadlines established under the Commission's rules;
(3) the technical complications associated with assessing the extent of contamination at the site or identifying potential receptors; and
(4) the necessity for action to eliminate an imminent threat to public health or the environment.
(c) The report shall include:
(1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area of a confirmed release or discharge and depicting all water supply wells, surface waters, and designated "wellhead protection areas" as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. 42 U.S.C. 300h-7(e), is incorporated by reference including subsequent amendments and editions. Copies may be obtained at no cost from the U.S. Government Bookstore's website at . The material is available for inspection at the Department of Environmental Quality, UST Section, 217 West Jones Street, Raleigh, NC 27603. For purposes of this Section, "source area" means point of release or discharge from the non-UST petroleum source, or if the point of release cannot be determined precisely, "source area" means the area of highest contaminant concentrations;
(2) a determination of whether the source area of the discharge or release is within a designated "wellhead protection area" as defined in 42 U.S.C. 300h-7(e);
(3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published by the Department in 1985, incorporated by reference including subsequent amendments or editions and may be obtained electronically free of charge from the Department's website at , a determination of whether the source area of the discharge or release is located in an area in which there is recharge to an unconfined or semi-confined deeper aquifer that is being used or may be used as a source of drinking water;
(4) a determination of whether vapors from the discharge or release pose a threat of explosion due to the accumulation of vapors in a confined space; pose a risk to public health from exposure; or pose any other threat to public health, public safety, or the environment;
(5) scaled site maps showing the location of the following that are on or adjacent to the property where the source is located:
(A) site boundaries;
(B) roads;
(C) buildings;
(D) basements;
(E) floor and storm drains;
(F) subsurface utilities;
(G) septic tanks and leach fields;
(H) underground and aboveground storage tank systems;
(I) monitoring wells;
(J) water supply wells;
(K) surface water bodies and other drainage features;
(L) borings; and
(M) the sampling points;
(6) the results from a limited site assessment that shall include the following actions:
(A) determine the presence, the lateral and vertical extent, and the maximum concentration levels of soil and, if possible, groundwater contamination and free product accumulations;
(B) install monitoring wells constructed in accordance with 15A NCAC 02C .0108 within the area of maximum soil or groundwater contamination to determine the groundwater flow direction and maximum concentrations of dissolved groundwater contaminants or accumulations of free product. During well construction, the responsible party shall collect and analyze soil samples that represent the suspected highest contaminant-level locations by exhibiting visible contamination or elevated levels of volatile organic compounds from successive locations at five-foot depth intervals in the boreholes of each monitoring well within the unsaturated zone; collect potentiometric data from each monitoring well; and collect and analyze groundwater or measure the amount of free product, if present, in each monitoring well;
(7) the availability of public water supplies and the identification of properties served by the public water supplies within 1500 feet of the source area of a confirmed discharge or release;
(8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed discharge or release;
(9) a discussion of site-specific conditions or possible actions that may result in lowering the risk classification assigned to the release. Such discussion shall be based on information known or required to be obtained under this Item; and
(10) names and current addresses of all responsible parties for all petroleum sources for which a discharge or release is confirmed, the owners of the land upon which such petroleum sources are located, and all potentially affected real property owners. Documentation of ownership of ASTs or other sources and of the property upon which a source is located shall be provided.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0506 Discharge or release classifications
The Department shall classify the risk of each known discharge or release as high, intermediate, or low risk, unless the discharge or release has been classified under Rule .0504 of this Section. For purposes of this Section:
(1) "High risk" means that:
(a) a water supply well, including one used for non-drinking purposes, has been contaminated by a release or discharge;
(b) a water supply well used for drinking water is located within 1000 feet of the source area of a confirmed discharge or release;
(c) a water supply well not used for drinking water is located within 250 feet of the source area of a confirmed discharge or release;
(d) the groundwater within 500 feet of the source area of a confirmed discharge or release has the potential for future use in that there is no source of water supply other than the groundwater;
(e) the vapors from a discharge or release pose a serious threat of explosion due to accumulation of the vapors in a confined space or pose a risk to public health from exposure; or
(f) a discharge or release poses an imminent danger to public health, public safety, or the environment.
(2) "Intermediate risk" means that:
(a) surface water is located within 500 feet of the source area of a confirmed discharge or release and the maximum groundwater contaminant concentration exceeds the applicable surface water quality standards and criteria found in 15A NCAC 02B .0200 by a factor of 10;
(b) in the Coastal Plain physiographic region as designated on a map entitled "Geology of North Carolina" published by the Department in 1985, the source area of a confirmed discharge or release is located in an area in which there is recharge to an unconfined or semi-confined deeper aquifer that the Department determines is being used or may be used as a source of drinking water;
(c) the source area of a confirmed discharge or release is within a designated wellhead protection area, as defined in 42 U.S.C. 300h-7(e);
(d) the levels of groundwater contamination for any contaminant except ethylene dibromide, benzene, and alkane and aromatic carbon fraction classes exceed 50 percent of the solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater standard or interim standard established in Rule .0202 of this Subchapter, whichever is lower; or
(e) the levels of groundwater contamination for ethylene dibromide and benzene exceed 1,000 times the federal drinking water standard as referenced in 15A NCAC 18C .1518, incorporated by reference including subsequent amendments and editions and is available free of charge at 15a - environmental quality/chapter 18 - environmental health/subchapter c/15a ncac 18c .1518.pdf.
(3) "Low risk" means that:
(a) the risk posed does not fall within the high or intermediate risk categories; or
(b) based on review of site-specific information, limited assessment, or interim corrective actions, the discharge or release poses no significant risk to human health or the environment.
If the criteria for more than one risk category applies, the discharge or release shall be classified at the highest risk level identified in Rule .0507 of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0507 RECLASSIFICATION OF RISK LEVELS
(a) Each responsible party shall have the continuing obligation to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be known by the responsible party, including changes in zoning of real property, use of real property, or the use of groundwater that has been contaminated or is expected to be contaminated by the discharge or release.
(b) The Department shall reclassify the risk posed by a release if warranted by further information concerning the potential exposure of receptors to the discharge or release or upon receipt of new information concerning changed conditions at the site. After initial classification of the discharge or release, the Department may require limited assessment, interim corrective action, or other actions that the Department believes will result in a lower risk classification.
(c) Remediation of sites with off-site migration shall be subject to the provisions of G.S. 143-215.104AA.
(d) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party shall comply with the assessment and cleanup requirements of Rule .0106(c), (g), and (h) of this Subchapter. The goal of a required corrective action for groundwater contamination shall be restoration to the level of the groundwater standards set forth in Rule .0202 of this Subchapter, or as closely thereto as is economically and technologically feasible. In a corrective action plan submitted pursuant to this Paragraph, natural attenuation may be used when the benefits of its use do not increase the risk to the environment and human health. If the responsible party demonstrates that natural attenuation prevents the further migration of the plume, the Department may approve a groundwater monitoring plan.
(e) If the risk posed by a discharge or release is determined by the Department to be an intermediate risk, the responsible party shall comply with the assessment requirements of Rule .0106(c) and (g) of this Subchapter. As part of the comprehensive site assessment, the responsible party shall evaluate, based on site specific conditions, whether the release poses a significant risk to human health or the environment. If the Department determines, based on the site-specific conditions, that the discharge or release does not pose a significant threat to human health or the environment, the site shall be reclassified as a low risk site. If the site is not reclassified, the responsible party shall, at the direction of the Department, submit a groundwater monitoring plan or a corrective action plan, or a combination thereof, meeting the cleanup standards of this Paragraph and containing the information required in Rule .0106(h) of this Subchapter. Discharges or releases that are classified as intermediate risk shall be remediated, at a minimum, to a cleanup level of 50 percent of the solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater standard or interim standard established in Rule .0202 of this Subchapter, whichever is lower, for any groundwater contaminant except ethylene dibromide, benzene, and alkane and aromatic carbon fraction classes. Ethylene dibromide and benzene shall be remediated to a cleanup level of 1,000 times the federal drinking water standard as referenced in 15A NCAC 18C .1518, incorporated by reference including subsequent amendments and editions and available free of charge at 15a - environmental quality/chapter 18 - environmental health/subchapter c/15a ncac 18c .1518.pdf. Additionally, if a corrective action plan or groundwater monitoring plan is required under this Paragraph, the responsible party shall demonstrate that the groundwater cleanup levels are sufficient to prevent a violation of:
(1) the rules contained in 15A NCAC 02B;
(2) the standards contained in Rule .0202 of this Subchapter in a deep aquifer as described in Rule .0506(2)(b) of this Section; and
(3) the standards contained in Rule .0202 of this Subchapter at a location no closer than one year time of travel upgradient of a well within a designated wellhead protection area, based on travel time and the natural attenuation capacity of the subsurface materials or on a physical barrier to groundwater migration that exists or will be installed by the person making the request.
In any corrective action plan submitted pursuant to this Paragraph, natural attenuation may be used if the benefits of its use does not increase the risk to the environment and human health and shall not increase the costs of the corrective action.
(f) If the risk posed by a discharge or release is determined to be a low risk, the Department shall notify the responsible party that no cleanup, no further cleanup, or no further action is required by the Department, unless the Department later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. No notification shall be issued pursuant to this Paragraph, however, until the responsible party has:
(1) completed soil remediation pursuant to Rule .0508 of this Section or as closely thereto as economically or technologically feasible;
(2) submitted proof of public notification, if required pursuant to Rule .0409(b) of this Section;
(3) recorded all required land-use restrictions pursuant to G.S. 143B-279.9 and 143B-279.11; and
(4) paid any applicable statutorily authorized fees.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Amended Eff. March 1, 2017;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0508 ASSESSMENT AND remediation procedures
Assessment and remediation of soil contamination shall be addressed as follows:
(1) At the time that the Department determines the risk posed by the discharge or release, the Department shall also determine, based on site-specific information, whether the site is "residential" or "industrial/commercial." For the purposes of this Section, a site is presumed residential, but may be classified as industrial/commercial if the Department determines based on site-specific information that exposure to the soil contamination is limited in time due to the use of the site and does not involve exposure to children. For the purposes of this Item, "site" means both the property upon which the discharge or release occurred and any property upon that soil has been affected by the discharge or release.
(2) For a discharge or release the responsible party shall submit a report to the Department assessing the vertical and horizontal extent of soil contamination.
(3) For a discharge or release classified by the Department as low risk, the responsible party shall submit a report demonstrating that soil contamination has been remediated to either the residential or industrial/commercial maximum soil contaminant concentration established by the Department pursuant to Rule .0511 of this Section, whichever is applicable.
(4) For a discharge or release classified by the Department as high or intermediate risk, the responsible party shall submit a report demonstrating that soil contamination has been remediated to the lower of:
(a) the residential or industrial/commercial maximum soil contaminant concentration, whichever is applicable, that has been established by the Department pursuant to Rule .0511 of this Section; or
(b) the "soil-to-groundwater" maximum soil contaminant concentration that has been established by the Department pursuant to Rule .0511 of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0509 notification requirements
(a) A responsible party who submits a corrective action plan that proposes natural attenuation, to cleanup groundwater contamination to a standard other than a standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil other than to the standard for residential use or soil-to-groundwater contaminant concentration established pursuant to this Section, whichever is lowest, shall give notice to:
(1) the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;
(2) all property owners and occupants within or contiguous to the area containing the contamination; and
(3) all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.
The notice shall describe the nature of the plan and the reasons supporting it. Notification shall be made by certified mail concurrent with the submittal of the corrective action plan. Approval of the corrective action plan by the Department shall be postponed for a period of 30 days following receipt of the request so that the Department may receive and consider comments. The responsible party shall, within 60 days, provide the Department with a copy of the notice and proof of receipt of each required notice or of refusal by the addressee to accept delivery of a required notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a copy of the posted notice and a description of the manner in which such posted notice was given.
(b) A responsible party who receives a notice pursuant to Rule .0507(f) of this Section for a discharge or release that has not been remediated to the groundwater standards or interim standards established in Rule .0202 of this Subchapter or to the lower of the residential or soil-to-groundwater contaminant concentrations established under Rule .0511 of this Section, shall, within 30 days of the receipt of such notice, provide a copy of the notice to:
(1) the local Health Director and the chief administrative officer of each political jurisdiction in which the contamination occurs;
(2) all property owners and occupants within or contiguous to the area containing contamination; and
(3) all property owners and occupants within or contiguous to the area where the contamination is expected to migrate.
Notification shall be made by certified mail. The responsible party shall, within 60 days, provide the Department with proof of receipt of the copy of the notice or of refusal by the addressee to accept delivery of the copy of the notice. If notice by certified mail to occupants under this Paragraph is impractical, the responsible party shall give notice as provided in G.S. 1A-1, Rule 4(j) or 4(j1). If notice is made to occupants by posting, the responsible party shall provide the Department with a description of the manner in which such posted notice was given.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019;
Amended Eff. April 1, 2023.
15A NCAC 02L .0510 departmental listing of discharges or releases
The Department shall maintain in each of the Department's regional offices a list of all non-UST petroleum discharges or releases discovered and reported to the Department within the region.
History Note: Authority G.S. 143-215.3(a)(1); 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0511 establishing maximum soil contamination concentrations
For the purposes of risk-based assessment and remediation for non-UST petroleum releases, establishment of maximum soil contamination concentrations shall be in accordance with Rule .0411 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0512 analytical procedures for soil samples
For the purposes of risk-based assessment and remediation for non-UST petroleum releases, analytical procedures for soil samples shall be in accordance with Rule .0412 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0513 analytical procedures for groundwater samples
For the purposes of risk-based assessment and remediation for non-UST petroleum releases, analytical procedures for groundwater samples shall be in accordance with Rule .0413 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0514 Required laboratory certification
In accordance with 15A NCAC 02H .0804, laboratories shall obtain North Carolina Division of Water Resources laboratory certification for parameters that are required to be reported to the State in compliance with the State's surface water, groundwater, and pretreatment rules.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0515 discharges or releases from other sources
This Section shall not relieve any person responsible for assessment or cleanup of contamination from a source other than a non-UST petroleum release from its obligation to assess and clean up contamination resulting from the discharge or releases.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
SUBCHAPTER 02M - NORTH CAROLINA WATER POLLUTION CONTROL EVOLVING FUND
SECTION .0100 - GENERAL PROVISIONS
15A NCAC 02M .0101 PURPOSE
15A NCAC 02M .0102 DEFINITIONS
15A NCAC 02M .0103 PROCEDURES
History Note: Authority G.S. 150B-14(c); 159G-3; 159G-5(c); 159G-15;
Eff. March 1, 1989;
Amended Eff. July 1, 1992;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0200 - APPLICABLE ACTIVITIES
15A NCAC 02M .0201 LOAN ACTIVITIES
15A NCAC 02M .0202 ADMINISTRATIVE EXPENSES
History Note: Authority G.S. 159G-5(c); 159G-6(d); 159G-15;
Eff. March 1, 1989;
Amended Eff. November 2, 1992;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0300 - ELIGIBILITY REQUIREMENTS
15A NCAC 02M .0301 ELIGIBLE PROJECT COSTS
15A NCAC 02M .0302 LIMITATION OF DOUBLE BENEFITS
15A NCAC 02M .0303 LIMITATION OF LOANS
History Note: Authority G.S. 159G-5(c); 159G-15;
Eff. March 1, 1989;
Amended Eff. July 1, 1992;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0400 - APPLICATIONS
15A NCAC 02M .0401 APPLICATION FILING DEADLINES
15A NCAC 02M .0402 GENERAL PROVISIONS
15A NCAC 02M .0403 PROJECT SCHEDULE AND RESOLUTION
History Note: Authority G.S. 159G-5(c); 159G-8; 159G-9; 159G-15;
Eff. March 1, 1989;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0500 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS
15A NCAC 02M .0501 GENERAL CRITERIA
History Note: Authority G.S. 159G-5; 159G-8; 159G-15;
Eff. March 1, 1989;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0600 - LOAN AWARD: COMMITMENT: AND DISBURSEMENT OF LOANS
15A NCAC 02M .0601 DETERMINATION OF LOAN AWARDS
15A NCAC 02M .0602 CERTIFICATION OF ELIGIBILITY
15A NCAC 02M .0603 CRITERIA FOR LOAN ADJUSTMENTS
15A NCAC 02M .0604 DISBURSEMENT OF LOANS
15A NCAC 02M .0605 TERMINATION OF LOANS
History Note: Authority G.S. 159G-5(c); 159G-11; 159G-12; 159G-15;
Eff. March 1, 1989;
Amended Eff. July 1, 1992;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0700 - LOAN REPAYMENTS
15A NCAC 02M .0701 INTEREST RATES
15A NCAC 02M .0702 REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS
History Note: Authority G.S. 159G-4(c); 159G-5(c); 159G-13; 159G-15; 159G-18;
Eff. March 1, 1989;
Amended Eff. July 1, 1992;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
SECTION .0800 - INSPECTION AND AUDIT
15A NCAC 02M .0801 INSPECTION
15A NCAC 02M .0802 AUDIT OF PROJECTS
History Note: Authority G.S. 159G-5(c); 159G-14; 159G-15;
Eff. March 1, 1989;
Repealed Eff. January 1, 2006 pursuant to G.S. 150B-21.7 as a result of S.L. 2005-454, s. 2. Codifier received notification on September 17, 2012.
subchapter 02n – Criteria and standards applicable to UNDERGROUND STORAGE TANKS
SECTION .0100 - GENERAL CONSIDERATIONS
15A NCAC 02N .0101 GENERAL
(a) The purpose of this Subchapter is to establish the technical standards and corrective action requirements for owners and operators of underground storage tanks.
(b) The UST Section of the Division of Waste Management shall administer the underground storage tank program for the State of North Carolina.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02N .0102 COPIES OF REFERENCED FEDERAL REGULATIONS
Copies of the Code of Federal Regulations, Sections 40 CFR 280.10-280.252 and Appendices Part 280 (80 FR 41624 – 41625, October 13, 2015) for this Subchapter, may be obtained at cgi-bin/ECFR?page=browse at no cost.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
15A NCAC 02N .0103 ADOPTION BY REFERENCE UPDATES
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Repealed Eff. June 1, 2017.
15A NCAC 02N .0104 IDENTIFICATION OF TANKS
(a) Owners and operators shall maintain at each underground storage tank location a current diagram that indicates, for each underground storage tank:
(1) location with respect to property boundaries and any permanent on-site structures;
(2) total storage capacity, in gallons;
(3) the exact type of petroleum product (such as unleaded gasoline, No. 2 fuel oil, diesel) or hazardous substance stored; and
(4) the year the tank was installed.
(b) The diagram shall be made available for inspection to authorized representatives of the Division.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.
SECTION .0200 - PROGRAM SCOPE AND INTERIM PROHIBITION
15A NCAC 02N .0201 APPLICABILITY
The regulations governing "Applicability" set forth in 40 CFR 280.10 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) underground storage tanks (UST) containing de minimis concentrations of regulated substances are also subject to the requirements for permanent closure in Rules .0802 and .0803 of this Subchapter; and
(2) UST systems that store fuel solely for use by emergency power generators installed on or after November 1, 2007 shall also meet the requirements of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0202 INSTALLATION REQUIREMENTS FOR PARTIALLY EXCLUDED UST SYSTEMS
The regulations governing "Installation requirements for partially excluded UST systems" set forth in 40 CFR 280.11 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0203 DEFINITIONS
(a) The regulations governing "Definitions" set forth in 40 CFR 280.12 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) "UST system" shall be changed to read "'UST system' or 'Tank system' means an underground storage tank, connected underground piping, underground ancillary equipment, dispenser, and containment system, if any";
(2) "Class A operator" shall not be incorporated by reference;
(3) "Class B operator" shall not be incorporated by reference;
(4) "Class C operator" shall not be incorporated by reference;
(5) "Replaced" shall not be incorporated by reference; and
(6) "Secondary containment or secondarily contained" shall not be incorporated by reference.
(b) The following definitions shall apply throughout this Subchapter:
(1) "De minimis concentration" means the amount of a regulated substance that does not exceed one percent of the capacity of a tank, excluding piping and vent lines.
(2) "Director" and "Director of the Implementing Agency" means the "Director of the Division of Waste Management."
(3) "Division" means the "Division of Waste Management."
(4) "Expeditiously emptied after use" means the removal of a regulated substance from an emergency spill or overflow containment UST system within 48 hours after use of the UST system has ceased.
(5) "Implementing agency" means the "Division of Waste Management."
(6) "Previously closed" means:
(A) An UST system from which all regulated substances had been removed, the tank had been filled with a solid inert material, and tank openings had been sealed or capped prior to December 22, 1988; or
(B) An UST system removed from the ground prior to December 22, 1988.
(7) "Temporarily closed" means:
(A) An UST system from which the product has been removed such that not more than one inch of product and residue are present in any portion of the tank; or
(B) Any UST system in use as of December 22, 1988 that complies with the provisions of Rule .0801 of this Subchapter.
(8) "Secondary containment" means a method or combination of methods of release detection for UST systems that includes:
(A) For tank installations or replacements completed prior to November 1, 2007, double-walled construction and external liners, including vaults;
(B) For underground piping installations or replacements completed prior to November 1, 2007, trench liners and double-walled construction;
(C) For tank installations or replacements completed on or after November 1, 2007, double-walled construction and interstitial release detection monitoring that meet the requirements of Section .0900 of this Subchapter; and
(D) For all other UST system component installations or replacements completed on or after November 1, 2007, double-walled construction or containment within a liquid-tight sump and interstitial release detection monitoring that meet the requirements of Section .0900 of this Subchapter. Upon written request, the Division shall approve other methods of secondary containment for connected piping that it determines are capable of meeting the requirements of Section .0900 of this Subchapter.
(9) "Interstitial space" means the opening formed between the inner and outer wall of an UST system with double-walled construction or the opening formed between the inner wall of a containment sump and the UST system component that it contains.
(10) "Replace" means to remove an UST system or UST system component and to install another UST system or UST system component in its place.
(11) "UST system component or tank system component" means any part of an UST system.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Temporary Amendment Eff. January 7, 1991 For a Period of 180 Days to Expire on July 6, 1991;
Temporary Amendment Expired July 6, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
SECTION .0300 - UST SYSTEMS: DESIGN, CONSTRUCTION, INSTALLATION, AND NOTIFICATION
15A NCAC 02N .0301 PERFORMANCE STANDARDS FOR UST SYSTEM INSTALLATIONS OR REPLACEMENTS COMPLETED AFTER DECEMBER 22, 1988 AND BEFORE NOVEMBER 1, 2007
(a) The regulations governing "Performance standards for new UST systems" set forth in 40 CFR 280.20 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) 40 CFR 280.20(a)(4) shall not be incorporated by reference;
(2) 40 CFR 280.20(b)(3) shall not be incorporated by reference;
(3) UST system or UST system component installations or replacements completed on or after November 1, 2007, shall also meet the requirements of Section .0900 of this Subchapter; and
(4) Note to Paragraph (d) of 40 CFR 280.20 is amended to include Petroleum Equipment Institute Publication RP1000, "Recommended Practices for the Installation of Marina Fueling Systems."
(b) No UST system shall be installed within 100 feet of a well serving a public water system, as defined in G.S. 130A-313(10), or within 50 feet of any other well supplying water for human consumption.
(c) An UST system existing on January 1, 1991, and located within the area described in Paragraph (b) of this Rule may be replaced with a new tank meeting the performance standards of 40 CFR 280.20 and the secondary containment provisions of 40 CFR 280.42(a) through (d). The replacement UST system shall not be located nearer to the water supply source than the UST system being replaced.
(d) Except as prohibited in Paragraph (b) of this Rule, an UST system shall meet the requirements for secondary containment described at 40 CFR 280.42(a) through (d):
(1) Within 500 feet of a well serving a public water supply or within 100 feet of any other well supplying water for human consumption; or
(2) Within 500 feet of any surface water classified as High Quality Waters (HQW); Outstanding Resource Waters (ORW); Water Supply I – Natural (WS-I); Water Supply II – Undeveloped (WS-II); Market Shellfishing, Salt Water (SA).
(e) An UST system or UST system component installation completed on or after November 1, 2007, to replace an UST system or UST system component located within the areas described in Paragraphs (b), (c), or (d) of this Rule shall meet the requirements of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0302 UPGRADING OF EXISTING UST SYSTEMS AFTER DECEMBER 22, 1998 AND BEFORE NOVEMBER 1, 2007
(a) The regulations governing "Upgrading of existing UST systems" set forth in 40 CFR 280.21 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) existing UST systems located within the areas described in Rule .0301(b) and (d) of this Section shall be upgraded in accordance with the provisions of 40 CFR 280.21(b) through (d) and shall be provided with secondary containment as described in 40 CFR 280.42(a) through (d). An UST system upgraded shall not be located nearer to a source of drinking water supply than its location prior to being upgraded; and
(2) 40 CFR 280.21 Note to Paragraph (b)(1)(ii)(C) shall not be incorporated by reference.
(b) Owners and operators shall submit notice of the upgrading of any UST system conducted in accordance with the requirements of 40 CFR 280.21 to the Division, within 30 days following completion of the upgrading activity. The notice shall include form "UST-8 Notification of Activities Involving Underground Storage Tank Systems," which is set forth in Rule .0303(1)(b) of this Section.
(c) UST systems upgraded in accordance with 40 CFR 280.21 prior to January 1, 1991, are in compliance with this Rule.
(d) An UST system or UST system component installation completed on or after November 1, 2007, to upgrade or replace an UST system or UST system component described in Paragraph (a) of this Rule shall meet the performance standards of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0303 NOTIFICATION REQUIREMENTS
The regulations governing "Notification requirements" set forth in 40 CFR 280.22 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) Owners and operators of an UST system shall submit to the Division, on forms provided by the Division, a notice of intent to conduct any of the following activities:
(a) notice of installation of a new UST system or UST system component shall be in accordance with Rule .0902 of this Subchapter;
(b) notice of installation of a leak detection device installed outside of the outermost wall of the tank and piping, such as vapor detection or groundwater monitoring devices, shall be given at least 30 days before the activity begins. The notice shall be provided on form "UST-8 Notification of Activities Involving Underground Storage Tank Systems," which may be accessed free of charge at . Form "UST-8 Notification of Activities Involving Underground Storage Tank Systems" shall include:
(i) the same information provided in Appendix I to 40 CFR 280, except that Sections X (2) and (3), and Section XI shall not be included on the form;
(ii) operator identification and contact information;
(iii) number of tank compartments and tank compartment identity, capacity, and product stored;
(iv) identity of tanks that are manifold together with piping;
(v) stage I Vapor Recovery equipment type and installation date;
(vi) corrosion protection methods for metal flexible connectors, submersible pumps, and riser pipes;
(vii) UST system and UST system component installation date, manufacturer, model, and leak detection monitoring method;
(viii) spill containment equipment installation date, manufacturer, model, and leak detection monitoring method;
(ix) overfill prevention equipment installation date, manufacturer, and model; and
(x) leak detection equipment manufacturer and model;
(c) notice of permanent closure or change-in-service of an UST system shall be given at least 30 days before the activity begins. The notice shall be provided on form "UST-3 Notice of Intent: UST Permanent Closure or Change-in-Service," which may be accessed free of charge at . Form "UST-3 Notice of Intent: UST Permanent Closure or Change-in-Service" shall include:
(i) owner identification and contact information;
(ii) site location information;
(iii) site contact information;
(iv) contractor and consultant identification and contact information;
(v) identity of UST systems to be permanently closed or that will undergo a change-in-service;
(vi) for permanent closure, the proposed method of UST System closure – removal or fill in-place;
(vii) for a change-in-service, the new contents to be stored;
(viii) proposed UST system closure or change-in-service date; and
(ix) signature of UST system owner;
(d) notice of a change of ownership of a UST system pursuant to 40 CFR 280.22(b) shall be provided on form "UST-15 Change of Ownership of UST System(s)," which may be accessed free of charge at . Form "UST-15 Change of Ownership of UST System(s)" shall include:
(i) the same information provided in Appendix II to 40 CFR 280;
(ii) site location information;
(iii) notarized signature of the new owner of an UST system;
(iv) name and notarized signature of the previous owner of an UST system; and
(v) appended information shall include documentation of an UST system ownership transfer such as a property deed or bill of sale. A person signing the form on behalf of another shall provide documentation they can legally sign in such capacity, such as an officer of a corporation, administrator of an estate, representative of a public agency, or as having power of attorney.
(2) Owners or operators who have not complied with the notification requirements in 40 CFR 280.22(a), shall complete the form "UST-8 Notification of Activities Involving Underground Storage Tank Systems" and submit the form to the Division.
(3) Any person who sells a tank intended to be used as an UST shall notify the purchaser of such tank of the owner's notification obligations in Sub-Item (1)(b) of this Rule.
(4) Any reference in 40 CFR Part 280 to the notification form in Appendix I shall refer to the North Carolina notification form "UST-8 Notification of Activities Involving Underground Storage Tank Systems."
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0304 implementation schedule for PERFORMANCE standards for new ust systems and upgrading requirements for existing ust systems located in areas defined in rule .0301(d)
(a) The following implementation schedule shall apply only to owners and operators of UST systems located within areas described in Rule .0301(d) of this Section. This implementation schedule shall govern tank owners and operators in complying with the secondary containment requirements set forth in Rule .0301(d) of this Section for new UST systems and the secondary containment requirements set forth in Rule .0302(a) of this Section for existing UST systems.
(1) All new UST systems and replacements to an UST system shall be provided with secondary containment as of April 1, 2001.
(2) All steel or metal connected piping and ancillary equipment of an UST, regardless of date of installation, shall be provided with secondary containment as of January 1, 2005.
(3) All fiberglass or non-metal connected piping and ancillary equipment of an UST, regardless of date of installation, shall be provided with secondary containment as of January 1, 2008.
(4) All UST systems installed on or before January 1, 1991 shall be provided with secondary containment as of January 1, 2008.
(5) All USTs installed after January 1, 1991, and prior to April 1, 2001, shall be provided with secondary containment as of January 1, 2020. Owners of USTs located within 100 to 500 feet of a public water supply well, if the well serves only a single facility and is not a community water system, may seek a variance in accordance with Paragraphs (d) through (i) of this Rule.
(b) All owners and operators of UST systems shall implement the following enhanced leak detection monitoring as of April 1, 2001. The enhanced leak detection monitoring shall consist of the following:
(1) An automatic tank gauging system for each UST;
(2) An electronic line leak detector for each pressurized piping system;
(3) One 0.1 gallon per hour (gph) test per month or one 0.2 gph test per week on each UST system;
(4) A line tightness test capable of detecting a leak rate of 0.1 gph, once per year for each suction piping system. No release detection shall be required for suction piping that is designed and constructed in accordance with 40 CFR 280.41(b)(1)(ii)(A) through (E);
(5) If the UST system is located within 500 feet of a public water supply well or within 100 feet of any other well supplying water for human consumption, owners or operators shall sample the water supply well once per year. The sample collected from the well shall be characterized in accordance with:
(A) Standard Method 6200B, Volatile Organic Compounds Purge and Trap Capillary-Column Gas Chromatographic/Mass Spectrometric Method, which is incorporated by reference, including subsequent amendments and editions, and may be obtained at at a cost of seventy-five dollars ($75.00);
(B) EPA Method 625.1, Base/Neutrals and Acids, which is incorporated by reference, including subsequent amendments and editions, and may be accessed free of charge at ; and
(C) If a waste oil UST system is present that does not meet the requirements for secondary containment in accordance with 40 CFR 280.42(b)(1) through (4), the sample shall also be analyzed for lead and chromium using Method 6010D, Inductively Coupled Plasma-Optical Emission Spectrometry, which is incorporated by reference, including subsequent amendments and editions, and may be accessed free of charge at or Method 6020B, Inductively Coupled Plasma-Mass Spectrometry, which is incorporated by reference, including subsequent amendments and editions, and may be accessed free of charge at ; and
(6) The first sample collected in accordance with Subparagraph (b)(5) of this Rule shall be collected and the results received by the Division by October 1, 2000, and yearly thereafter.
(c) An UST system or UST system component installation completed on or after November 1, 2007, to upgrade or replace an UST system or UST system component as required in Paragraph (a) of this Rule shall meet the performance standards of Section .0900 of this Subchapter.
(d) The Environmental Management Commission may grant a variance from the secondary containment requirements in Subparagraph (a)(5) of this Rule for USTs located within 100 to 500 feet of a public water supply well if the well serves only a single facility and is not a community water system. Any request for a variance shall be in writing by the owner of the UST for which the variance is sought. The request for variance shall be submitted to the Director, Division of Waste Management, 1646 Mail Service Center, Raleigh, NC 27699-1646. The Environmental Management Commission shall grant the variance if the Environmental Management Commission finds facts to support the following conclusions:
(1) The variance will not endanger human health and welfare or groundwater; and
(2) UST systems are operated and maintained in compliance with 40 CFR Part 280, Article 21A of G.S. 143B, and the rules in this Subchapter.
(e) The Environmental Management Commission may require the variance applicant to submit such information as the Environmental Management Commission deems necessary to make a decision to grant or deny the variance. Information that may be requested includes the following:
(1) Water supply well location, depth, construction specifications, and sampling results;
(2) Groundwater depth and flow direction; and
(3) Leak detection monitoring and testing results.
(f) The Environmental Management Commission may impose such conditions on a variance as the Environmental Management Commission deems necessary to protect human health and welfare and groundwater. Conditions for a variance may include the following:
(1) Increased frequency of leak detection and leak prevention monitoring and testing;
(2) Periodic water supply well sampling; and
(3) Increased reporting and recordkeeping.
(g) The findings of fact supporting any variance under this Rule shall be in writing and made part of the variance.
(h) The Environmental Management Commission may rescind a variance that was previously granted if the Environmental Management Commission discovers through inspection or reporting that the conditions of the variance are not met or that the facts no longer support the conclusions in Subparagraphs (d)(1) and (2) of this Rule.
(i) An owner of an UST system who is aggrieved by a decision of the Environmental Management Commission to deny or rescind a variance or to conditionally grant a variance may commence a contested case by filing a petition pursuant to G.S. 150B-23 within 60 days after receipt of the decision.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Temporary Adoption Eff. May 1, 2000;
Eff. April 1, 2001;
Amended Eff. June 1, 2017; June 1, 2015; November 1, 2007;
Readopted Eff. January 1, 2021.
SECTION .0400 - GENERAL OPERATING REQUIREMENTS
15A NCAC 02N .0401 SPILL AND OVERFILL CONTROL
The regulations governing "Spill and overfill control" set forth in 40 CFR 280.30 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0402 OPERATION AND MAINTENANCE OF CORROSION PROTECTION
The regulations governing "Operation and maintenance of corrosion protection" set forth in 40 CFR 280.31 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0403 COMPATIBILITY
The regulations governing "Compatibility" set forth in 40 CFR 280.32 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0404 REPAIRS ALLOWED
The regulations governing "Repairs Allowed" set forth in 40 CFR 280.33 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that the first sentence of 40 CFR 280.33(d) shall be read: "Repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping shall have the secondary containment tested for tightness as directed by the Division within 30 days following the date of completion of the repair." When determining the required test method, the Division may consider the following:
(1) installation date of the repaired UST system component;
(2) test methods that are third-party certified as being capable of detecting a 0.10 gallon per hour leak rate with a probability of detection (Pd) of at least 95 percent and a probability of false alarm (Pfa) of no more than 5 percent;
(3) codes of practice developed by a nationally recognized association;
(4) written manufacturer's guidelines for installation testing and testing after repairs are conducted; and
(5) test methods developed by an independent laboratory.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0405 REPORTING AND RECORDKEEPING
(a) The regulations governing "Reporting and recordkeeping" set forth in 40 CFR 280.34 are hereby incorporated by reference, excluding any subsequent amendments and editions.
(b) Owners and operators shall submit to the Division, within 30 days following completion, results of the site investigation conducted:
(1) at permanent closure or change-in-service. The results of the site investigation for permanent closure or change-in-service shall be reported in a format that includes the following:
(A) site location information;
(B) identification and contact information for the owner, operator, property owner, consultant, contractor, and analytical laboratory;
(C) the same information provided in Appendix I to 40 CFR Part 280, Section X;
(D) information about any release discovered, including discovery date, estimated quantity of petroleum or hazardous substance released, and the cause and source;
(E) information about any previous releases at the site, including owner or operator at the time of the release, source, cause, and location relative to the current release;
(F) description of site characteristics, such as use of the site and surrounding area, drinking water supplies, presence and location of water supply wells and surface water, depth to and nature of bedrock, depth to groundwater, and direction of groundwater flow;
(G) date of permanent closure or change-in-service of an UST system and last contents stored;
(H) procedures and methods used to clean an UST system prior to permanent closure or change-in-service;
(I) procedures and methods used to permanently close an UST system;
(J) description of condition of tank, piping, and dispenser;
(K) documentation of disposal of tank and its contents;
(L) description of condition of excavation, volume of soil excavation, soil type encountered, type and source of backfill used, and any groundwater, free product, or bedrock encountered in the excavation;
(M) method of temporary storage, sampling, and treatment or disposal of excavated soil;
(N) procedures and methods used for sample collection, field screening, and laboratory analysis;
(O) quality assurance and quality control procedures and methods for decontamination of field and sampling equipment and for sample handling, preservation, and transportation;
(P) field screening results and analytical results for samples collected, comparison of analytical results to standards set forth in 15A NCAC 02L, and the presence and quantity of any free product; and
(Q) maps and figures showing the site and surrounding topography, current and former UST system locations, surface water, water supply wells, monitoring wells, types and locations of samples, analytical results for samples, ground water flow direction, geologic boring logs, and monitoring well construction specifications; or
(2) to ensure compliance with the requirements for installation of vapor monitoring and groundwater monitoring devices, as specified in 40 CFR 280.43(e)(1) through (e)(4) and 280.43(f)(1) through (f)(5), respectively. The site investigation shall be conducted in accordance with Rule .0504 of this Subchapter.
(c) Owners shall submit to the Division, on forms provided by the Division and within 30 days following completion:
(1) A description of the upgrading of any UST system conducted in accordance with requirements of 40 CFR 280.21. The description of upgrading shall be provided on form "UST-8 Notification of Activities Involving Underground Storage Tank Systems," which is set forth in Rule .0303(1)(b) of this Section;
(2) Certification of the proper operation of a corrosion protection system upon completion of testing in compliance with 40 CFR 280.31; and
(A) Certification of proper operation and testing of a galvanic corrosion protection system shall be provided on form "UST-7A Cathodic Protection System Evaluation for Galvanic (Sacrificial Anode) Systems," which may be accessed free of charge at . Form "UST-7A Cathodic Protection System Evaluation for Galvanic (Sacrificial Anode) Systems" shall include:
(i) owner identification and contact information;
(ii) site location information;
(iii) reason that a corrosion protection system was evaluated, including a routine test within six months of corrosion protection system installation, a routine test every three years following corrosion protection system installation, or a test following a repair or modification;
(iv) corrosion protection tester's name, contact information, corrosion protection tester certification number, certifying organization, and certification type;
(v) corrosion protection tester's evaluation, including pass, fail, or inconclusive;
(vi) corrosion expert's name, address, contact information, National Association of Corrosion Engineers International Institute certification number, and certification type or Professional Engineer number, state, and specialty;
(vii) corrosion expert's evaluation, including pass or fail;
(viii) criteria for evaluation, including 850 millivolt on, 850 millivolt instant off, or 100 millivolt polarization;
(ix) action required as a result of the evaluation, including none, or repair and retest;
(x) description of UST system, including tank identity, product stored, tank capacity, tank and piping construction material, and presence of metal flexible connectors;
(xi) description of any repair or modification made to the corrosion protection system;
(xii) site drawing, including the UST systems, on-site buildings, adjacent streets, anodes and wires, reference electrode placement, and test stations;
(xiii) corrosion protection continuity survey, including location of fixed remote reference electrode placement, structures evaluated using fixed remote instant-off voltages or point-to-point voltage differences, and if structures are continuous or isolated; and
(xiv) corrosion protection system survey, including locations of remote reference electrode, structure evaluated, structure contact point, local reference cell placement, local voltage, remote voltage, and if tested structure passed, failed, or was inconclusive relative to the criteria for evaluation.
(B) Certification of proper operation and testing of an impressed current corrosion protection system shall be provided on form "UST-7B Cathodic Protection System Evaluation for Impressed Current Systems," which may be accessed free of charge at . Form "UST-7B Cathodic Protection System Evaluation for Impressed Current Systems" shall include:
(i) owner identification and contact information;
(ii) site location information;
(iii) reason that a corrosion protection system was evaluated, including a routine test within six months of corrosion protection system installation, a routine test every three years following corrosion protection system installation, or a test following a repair or modification;
(iv) corrosion protection tester's name, contact information, corrosion protection tester certification number, certifying organization, and certification type;
(v) corrosion protection tester's evaluation, including pass, fail, or inconclusive;
(vi) corrosion expert's name, address, contact information, National Association of Corrosion Engineers International Institute certification number, and certification type or Professional Engineer number, state, and specialty;
(vii) corrosion expert's evaluation, including pass or fail;
(viii) criteria for evaluation, including 850 millivolt instant off or 100 millivolt polarization;
(ix) action required as a result of the evaluation, including none or repair and retest;
(x) description of UST system, including tank identity, product stored, tank capacity, tank and piping construction material, and presence of metal flexible connectors;
(xi) impressed current rectifier data, including rectifier manufacturer, model, serial number, rated DC output, shunt size, shunt factor, hour meter, tap settings, DC output (gauge), and DC output (multimeter);
(xii) impressed current positive and negative circuit measurements;
(xiii) description of any repair or modifications made to the corrosion protection system;
(xiv) site drawing, including the UST systems, on-site buildings, adjacent streets, anodes and wires, reference electrode placement, and test stations;
(xv) corrosion protection continuity survey, including location of fixed remote reference electrode placement, structures evaluated using fixed remote instant-off voltages or point-to-point voltage differences, and if structures are continuous or isolated; and
(xvi) corrosion protection system survey, including structure evaluated, structure contact point, reference cell placement, on voltage, instant off voltage, 100 millivolt polarization ending voltage and voltage change, and if the tested structure passed or failed relative to the criteria for evaluation.
(3) Certification of compliance with the requirements for leak detection specified in 40 CFR 280.40, 40 CFR 280.41, 40 CFR 280.42, 40 CFR 280.43, and 40 CFR 280.44. The certification shall specify the leak detection method and date of compliance for each UST. The certification of compliance with leak detection requirements shall be provided on form "UST-8 Notification of Activities Involving Underground Storage Tank Systems," which is set forth in Rule .0303(1)(b) of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0406 PERIODIC TESTING OF SPILL PREVENTION EQUIPMENT AND CONTAINMENT SUMPS USED FOR INTERSTITIAL MONITORING OF PIPING AND PERIODIC INSPECTION OF OVERFILL PREVENTION EQUIPMENT
The regulations governing "Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment" set forth in 40 CFR 280.35 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) UST system or UST system component installations or replacements completed on or after November 1, 2007, shall meet the requirements of Section .0900 of this Subchapter.
(2) Tank owners and operators may use test methods and testing equipment approved by the US Environmental Protection Agency pursuant to 40 CFR 280.35(a)(1)(ii)(C) to meet the requirements of 40 CFR 280.35(a)(1)(ii).
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. June 1, 2017;
Amended Eff. August 23, 2022; January 1, 2021.
15A NCAC 02N .0407 PERIODIC OPERATION AND MAINTENANCE WALKTHROUGH INSPECTIONS
The regulations governing "Periodic operation and maintenance walkthrough inspections" set forth in 40 CFR 280.36 (Subpart C) are hereby incorporated by reference.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); 150B-21.6;
Eff. June 1, 2017.
SECTION .0500 - RELEASE DETECTION
15A NCAC 02N .0501 GENERAL REQUIREMENTS FOR ALL UST SYSTEMS
The regulations governing "General requirements for all UST systems" set forth in 40 CFR 280.40 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0502 REQUIREMENTS FOR PETROLEUM UST SYSTEMS
The regulations governing "Requirements for petroleum UST systems" set forth in 40 CFR 280.41 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that UST systems located within areas described in Rule .0301(d) of this Subchapter shall meet the requirements for secondary containment described at 40 CFR 280.42(a) through (d) if the UST system installation or replacement was completed before November 1, 2007. UST system or UST system component installations or replacements completed on or after November 1, 2007, shall meet the secondary containment requirements of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0503 REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS
The regulations governing "Requirements for hazardous substance UST systems" set forth in 40 CFR 280.42 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that hazardous substance UST systems or UST system components installed or replacements completed on or after November 1, 2007, shall meet the secondary containment requirements of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017; November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0504 METHODS OF RELEASE DETECTION FOR TANKS
(a) The regulations governing "Methods of release detection for tanks" set forth in 40 CFR 280.43 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that 40 CFR 280.43(f)(3), (f)(4), and (f)(5) shall not be adopted by reference.
(b) Wells used for monitoring or testing for free product in the groundwater shall be:
(1) located in the excavation zone or as near to it as technically feasible and installed in a borehole at least four inches larger than the diameter of the casing;
(2) a minimum of two inches in diameter;
(3) installed such that a release from any portion of the UST will be detected;
(4) equipped with a screen that extends from two feet below land surface to a depth of 20 feet below land surface or two feet below the seasonal low water level, whichever is shallower. The screen shall be designed and installed to prevent the migration of natural soils or filter pack into the well while allowing the entry of regulated substances into the well under both high and low groundwater level conditions;
(5) surrounded with clean sand or gravel to the top of the screen, plugged and grouted the remaining distance to finished grade with cement grout;
(6) constructed of a permanent casing and screen material that is inert to the stored substance and is corrosion resistant;
(7) developed upon completion of installation until the water is clear and sediment free;
(8) protected with a water-tight cover and lockable cap;
(9) labeled as a liquid monitor well; and
(10) equipped with a liquid leak detection device operating on an uninterrupted basis; or
(A) For tanks storing petroleum products, tested at least once every 14 days with a device or hydrocarbon-sensitive paste capable of detecting the liquid stored; or
(B) For tanks storing hazardous substances, sampled and tested at least once every 14 days for the presence of the stored substance.
(c) Wells used for monitoring or testing for free product in the groundwater at new installations and constructed in accordance with Paragraph (b) of this Rule shall be deemed to be permitted in accordance with the requirements of 15A NCAC 02C .0105.
(d) Any person completing or abandoning any well used for testing of vapors or monitoring for free product in the groundwater shall submit the report required by 15A NCAC 02C .0114(b).
(e) Wells used for monitoring for the presence of vapors in the soil gas of the excavation zone shall be equipped with a vapor detection device operating on an uninterrupted basis or tested at least once every 14 days for vapors of the substance stored.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0505 METHODS OF RELEASE DETECTION FOR PIPING
The regulations governing "Methods of release detection for piping" set forth in 40 CFR 280.44 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0506 RELEASE DETECTION RECORDKEEPING
The regulations governing "Release detection recordkeeping" set forth in 40 CFR 280.45 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
SECTION .0600 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION
15A NCAC 02N .0601 REPORTING OF SUSPECTED RELEASES
The regulations governing "Reporting of suspected releases" set forth in 40 CFR 280.50 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that the words "or another reasonable period specified by the implementing agency," shall be deleted from the first sentence.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0602 INVESTIGATION DUE TO OFF-SITE IMPACTS
The regulations governing "Investigation due to off-site impacts" set forth in 40 CFR 280.51 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0603 RELEASE INVESTIGATION AND CONFIRMATION STEPS
The regulations governing "Release investigation and confirmation steps" set forth in 40 CFR 280.52 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that in 40 CFR 280.52 the words "or another reasonable time period specified by the implementing agency" shall not be adopted by reference. Upon written request, the Division may grant additional time to investigate and confirm suspected releases as specified in 40 CFR 280.53. The request shall be made to the Division prior to the expiration of the required time period. When considering such a request, the Division may consider factors as follows:
(1) the extent to which the request for additional time is due to factors outside of the control of the tank owner or operator;
(2) the previous history of the tank owner or operator submitting the report in complying with deadlines established under the Commission's rules;
(3) the technical complications associated with investigating and confirming suspected releases; and
(4) the necessity for action to eliminate an imminent threat to public health or the environment.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0604 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS
The regulations governing "Reporting and cleanup of spills and overfills" set forth in 40 CFR 280.53 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) in 40 CFR 280.53(a) the words "or another reasonable time period specified by the implementing agency" shall not be adopted by reference;
(2) in 40 CFR 280.53(b) the words "or another reasonable time period established by the implementing agency" shall not be adopted by reference;
(3) in 40 CFR 280.53(a)(1) and (b), the words, "or another reasonable amount specified by the implementing agency" shall not be adopted by reference; and
(4) upon written request, the Division may grant additional time to submit the reports specified in 40 CFR 280.53. The request shall be made to the Division prior to the expiration of the required time period. When considering such a request, the Division may consider factors as follows:
(a) the extent to which the request for additional time is due to factors outside of the control of the tank owner or operator;
(b) the previous history of the tank owner or operator submitting the report in complying with deadlines established under the Commission's rules;
(c) the technical complications associated with reporting and cleanup of spills and overfills; and
(d) the necessity for action to eliminate an imminent threat to public health or the environment.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
SECTION .0700 - RELEASE RESPONSE AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES
15A NCAC 02N .0701 GENERAL
(a) The regulations governing "General" set forth in 40 CFR 280.60 are hereby incorporated by reference, excluding any subsequent amendments and editions.
(b) Any corrective action undertaken in accordance with this Section shall meet the requirements and standards specified in 15A NCAC 02L.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. September 1, 1992;
Temporary Amendment Eff. January 2, 1998;
Amended Eff. June 1, 2017; October 29, 1998;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0702 INITIAL RESPONSE
The regulations governing "Initial response" set forth in 40 CFR 280.61 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that the words "or within another reasonable period of time determined by the implementing agency" in the first sentence shall not be adopted by reference.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0703 INITIAL ABATEMENT MEASURES AND SITE CHECK
The regulations governing "Initial abatement measures and site check" set forth in 40 CFR 280.62 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) 40 CFR 280.62(a)(6) shall read, "Investigate to determine the possible presence of free product and begin free product removal within 14 days in accordance with 40 CFR 280.64." Upon written request, the Division may grant additional time to begin free product removal. The request shall be made to the Division prior to the expiration of the required time period. When considering such a request, the Division may consider factors as follows:
(a) the extent to which the request for additional time is due to factors outside of the control of the tank owner or operator;
(b) the previous history of the tank owner or operator submitting the report in complying with deadlines established under the Commission's rules;
(c) the technical complications associated with free product removal; and
(d) the necessity for action to eliminate an imminent threat to public health or the environment; and
(2) In 40 CFR 280.62(b) the words, "or within another reasonable period of time determined by the implementing agency," shall not be adopted by reference.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0704 INITIAL SITE CHARACTERIZATION
The regulations governing "Initial site characterization" set forth in 40 CFR 280.63 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that in 40 CFR 280.63(b) the words "or another reasonable period of time determined by the implementing agency" shall not be adopted by reference. Upon written request, the Division may grant additional time to submit the information collected in compliance with 40 CFR 280.63(a). The request shall be made to the Division prior to the expiration of the required time period. When considering such a request, the Division may consider factors as follows:
(1) the extent to which the request for additional time is due to factors outside of the control of the tank owner or operator;
(2) the previous history of the tank owner or operator submitting the report in complying with deadlines established under the Commission's rules;
(3) the technical complications associated with an initial site characterization; and
(4) the necessity for action to eliminate an imminent threat to public health or the environment.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0705 FREE PRODUCT REMOVAL
The regulations governing "Free product removal" set forth in 40 CFR 280.64 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0706 INVESTIGATIONS FOR SOIL AND GROUNDWATER CLEANUP
The regulations governing "Investigations for soil and groundwater cleanup" set forth in 40 CFR 280.65 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0707 CORRECTIVE ACTION PLAN
The regulations governing "Corrective action plan" set forth in 40 CFR 280.66 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that 40 CFR 280.66(a) shall read: "After reviewing the information submitted in compliance with 40 CFR 280.61 through 40 CFR 280.63, the Division may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater. If a plan is required, owners and operators shall prepare a plan in accordance with the requirements specified in 15A NCAC 02L."
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. September 1, 1992;
Temporary Amendment Eff. January 2, 1998;
Amended Eff. June 1, 2017; October 29, 1998;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0708 PUBLIC PARTICIPATION
The regulations governing "Public participation" set forth in 40 CFR 280.67 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
SECTION .0800 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE
15A NCAC 02N .0801 TEMPORARY CLOSURE
The regulations governing "Temporary closure" set forth in 40 CFR 280.70 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0802 PERMANENT CLOSURE AND CHANGES-IN-SERVICE
The regulations governing "Permanent closure and changes-in-service" set forth in 40 CFR 280.71 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that an UST system containing de minimis concentrations of a regulated substance shall meet the closure requirements of this Rule within 12 months of January 1, 1991.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0803 ASSESSING THE SITE AT CLOSURE OR CHANGE-IN-SERVICE
The regulations governing "Assessing the site at closure or change-in-service" set forth in 40 CFR 280.72 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that:
(1) references to methods and requirements shall include all applicable references and methods listed in 15A NCAC 02N .0504; and
(2) the number and location of samples and method of their collection shall be determined in accordance with procedures established by the Division. In establishing procedures, the Division may consider factors such as:
(a) dimensions of the USTs;
(b) type of products stored in the USTs;
(c) method of closure;
(d) type of and length of associated product lines;
(e) number of associated dispensers;
(f) number of associated containment sumps;
(g) methods of field sample analysis and laboratory sample analysis;
(h) potential for vapor intrusion;
(i) proximity to surface waters; and
(j) site conditions such as site geology and hydrology.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0804 APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS
The regulations governing "Applicability to previously closed UST systems" set forth in 40 CFR 280.73 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0805 CLOSURE RECORDS
The regulations governing "Closure records" set forth in 40 CFR 280.74 are hereby incorporated by reference, excluding any subsequent amendments and editions.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. January 1, 1991;
Amended Eff. June 1, 2017;
Readopted Eff. January 1, 2021.
SECTION .0900 - PERFORMANCE STANDARDS FOR UST SYSTEM OR UST SYSTEM COMPONENT INSTALLATION OR REPLACEMENT COMPLETED ON OR AFTER NOVEMBER 1, 2007
15A NCAC 02N .0901 GENERAL REQUIREMENTS
(a) This Section applies to a UST system or UST system component installation or replacement completed on or after November 1, 2007.
(b) A UST system or UST system component shall not be installed or replaced within an area defined in Rule .0301(b) of this Subchapter.
(c) A tank shall meet the requirements for secondary containment including interstitial release detection monitoring in accordance with this Rule.
(d) All UST system components other than tanks including connected piping, underground ancillary equipment, dispensers, line leak detectors, submersible pumps, spill buckets, siphon bars, and remote fill pipes shall meet the requirements for secondary containment including interstitial release detection monitoring in accordance with this Rule. Spill buckets replaced on tanks installed prior to November 1, 2007 may comply with the interstitial monitoring requirements described in Paragraph (k) of this Rule. Gravity-fed vertical fill pipes, vapor recovery, vent lines, and containment sumps are excluded from the secondary containment requirements in this Rule.
(e) A UST system design is required for installation or replacement of a UST system, UST, or connected piping. If required by G.S. 89C, UST system designs must be prepared by a Professional Engineer licensed by the North Carolina Board of Examiners for Engineers and Surveyors.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined via letter dated December 20, 1993, that preparation of a UST system design constitutes practicing engineering under G.S. 89C.]
(f) If required by the equipment manufacturer, persons installing, replacing or repairing UST systems or UST system components must be trained and certified by the equipment manufacturer or the equipment manufacturer's authorized representative to install, replace or repair such equipment.
(g) UST systems or UST system components shall be installed, tested, operated, and maintained in accordance with the manufacturer's specifications and the codes of practice, and industry standards described in Rule .0907 of this Section.
(h) UST systems or UST system components shall not be installed or replaced in areas where they will be in contact with contaminated soil or free product.
(i) Secondary containment systems shall be designed, constructed, installed and maintained to:
(1) detect the failure of the inner wall and outer wall for UST system components with double wall construction;
(2) contain regulated substances released from a UST system until they are detected and removed;
(3) prevent a release of regulated substances to the environment outside of the containment system;
(4) direct releases to a monitoring point or points;
(5) provide a release detection monitoring device or monitoring method for the interstitial space;
(6) on an uninterrupted basis, monitor the inner and outer walls of double-walled tanks for breaches of integrity using pressure, vacuum or hydrostatic monitoring methods or monitor the interstitial space of double-walled tanks for releases using an electronic liquid detecting sensor method along with periodic testing as specified in Rule .0903(f) of this Section;
(7) on an uninterrupted basis, monitor the inner and outer walls of double-walled non-tank components for breaches of integrity using pressure, vacuum, or hydrostatic methods, or monitor a non-tank component for releases by using an electronic liquid detecting sensor placed in a containment sump and in the interstitial space of a double-walled spill bucket along with periodic integrity testing as specified in Rules .0904(f), .0905(g) and .0906(e) of this Section; and
(8) provide a printed record of release detection monitoring results and an alarm history for each month.
(j) Electronic liquid detecting sensors used to monitor the interstitial space of double-walled tanks and non-tank components shall meet the following requirements:
(1) Electronic liquid detecting sensors used for tanks and spill buckets shall be located at the lowest point in the interstitial space. Electronic liquid detecting sensors used for containment sumps shall be located as specified in Rule .0905(d) of this Section.
(2) A tank shall have a method to verify that an electronic liquid detecting sensor is located at the lowest point of the interstitial space. Verification of the sensor location shall be available for inspection.
(3) Electronic liquid detecting sensors shall detect the presence of any liquid in the interstitial space and shall activate an alarm when any type of liquid is detected.
(4) Any liquid detected in the interstitial space must be removed within 48 hours of discovery.
(k) Spill buckets replaced on tanks installed prior to November 1, 2007 may use mechanical liquid detecting sensors for interstitial leak detection monitoring instead of electronic liquid detecting sensors. If a mechanical liquid detecting sensor is used, then Subparagraphs (i)(7) and (8) of this Rule do not apply. However, the spill bucket shall comply with all spill bucket requirements of Rule .0906 of this Section. In addition, the following specific requirements shall be met:
(1) mechanical liquid detecting sensors shall be located at the lowest point in the interstitial space;
(2) mechanical liquid detecting sensors shall detect the presence of any liquid in the interstitial space. The presence of liquid shall register on a gauge that can be viewed from within the spill bucket;
(3) spill buckets shall be monitored every 30 days. The interstitial leak detection monitoring results shall be documented for each month;
(4) any liquid detected in the interstitial space shall be removed within 48 hours of discovery; and
(5) spill buckets shall be integrity tested every three years in accordance with Rule .0906(e) of this Section.
(l) New or replacement dispensers shall be provided with under dispenser containment sumps and shall meet the secondary containment requirements and performance standards of this Rule.
(m) All release detection monitoring equipment shall be installed, calibrated, operated and maintained in accordance with manufacturer's instructions. All release detection monitoring equipment shall be checked annually for operability, proper operating condition and proper calibration in accordance with the manufacturer's written guidelines. The results of the last annual check must be recorded, maintained at the UST site or the tank owner or operator's place of business, and made available for inspection.
(n) Releases detected in an interstitial space shall be reported in accordance with Rule .0601 of this Subchapter and investigated in accordance with the manufacturer's written guidelines. Any changes in the original physical characteristics or integrity of a piping system or a containment sump shall also be reported in accordance with Rule .0601 of this Subchapter and investigated in accordance with the manufacturer's written guidelines.
(o) UST systems and UST system components shall also meet all of the requirements specified in 40 CFR 280.20(c), (d), and (e). In addition, overfill prevention equipment shall be inspected at least once every three years for operability, proper operating condition and proper calibration in accordance with:
(1) written requirements developed by the manufacturer;
(2) a code of practice developed by a nationally recognized association or independent testing laboratory; or
(3) requirements determined by the US Environmental Protection Agency or the Division to be no less protective of human health and the environment than the requirements listed in Subparagraph (1) or (2) of this Paragraph. The inspection shall ensure that overfill prevention equipment is set to activate at the correct level specified in 40 CFR 280.20(c)(1)(ii) and will activate when regulated substance reaches that level.
(4) The results of the last triennial check shall be recorded, maintained at the UST site or the tank owner or operator's place of business, and made available for inspection.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. November 1, 2007;
Amended Eff. February 1, 2010;
Readopted Eff. January 1, 2021;
Amended Eff. August 23, 2022.
15A NCAC 02N .0902 NOTIFICATION
(a) Owners and operators shall provide notification of installation or replacement of an UST system, UST, or connected piping to the Division in accordance with Rule .0303 of this Subchapter. The notice shall also include:
(1) An UST system design.
(2) Equipment to be installed including model and manufacturer and the materials of construction.
(3) Device or method to be used to allow piping to be located after it is buried underground.
(4) A site plan drawn to scale showing the proposed location of UST systems relative to buildings and other permanent structures, roadways, utilities, other UST systems, monitoring wells, and water supply wells within 500 feet used for human consumption.
(5) A schedule for UST system installation or replacement.
(b) Owners and operators shall notify the Division at least 48 hours prior to the following stages of construction so that the Division may perform an inspection of the installation:
(1) pre-installation tightness testing of tanks; and
(2) final tightness testing of piping before it is backfilled.
(c) Documents showing the following information shall be submitted to the Division within 30 days after UST system, UST, or connected piping installation or replacement is completed and shall be maintained at the UST system site or the owner's or operator's place of business for the life of the UST system. These records shall be transferred to a new tank owner at the time of a transfer of tank ownership:
(1) Certification from the UST system installer containing:
(A) the UST system installer's name, address and telephone number; training and any certification received from the manufacturer of the equipment that was installed or replaced or the equipment manufacturer's authorized representative including any certification number;
(B) an as-built diagram drawn to scale showing: the name and address of the UST system site; the date of UST system, UST, or connected piping installation or replacement; the equipment that was installed including model and manufacturer; the information described in Rule .0903(c) of this Section; the method used to anchor a tank in the ground; if the equipment has single-walled or double-walled construction; the year the piping was manufactured and any production code; and the device or method used to allow piping to be located after it is buried underground. The as-built diagram shall also show the location of the installed or replaced UST systems relative to: buildings and other permanent structures, utilities, monitoring wells and other UST systems located at the site; adjacent roadways; and water supply wells used for human consumption within 500 feet;
(C) a listing of the manufacturer's written guidelines, codes of practice, and industry standards used for installation; and
(D) a statement that the UST system was installed in accordance with the design and the manufacturer's specifications.
(2) manufacturer warranties;
(3) any equipment performance claims; and
(4) records of all tightness testing performed.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. November 1, 2007;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0903 TANKS
(a) Tanks shall be protected from external corrosion in accordance with 40 CFR 280.20(a)(1), (2), (3), or (5).
(b) Owners and operators of tanks installed in accordance with 40 CFR 280.20(a)(2) shall comply with all applicable requirements for corrosion protection systems contained in this Subchapter.
(c) The exterior surface of a tank shall bear a permanent marking, code stamp, or label showing the following information:
(1) the engineering standard used;
(2) the diameter in feet;
(3) the capacity in gallons;
(4) the materials of construction of the inner and outer walls of the tank, including any external or internal coatings;
(5) serial number or other unique identification number designated by the tank manufacturer;
(6) date manufactured; and
(7) identify of manufacturer.
(d) Tanks that will be reused shall be certified by the tank manufacturer prior to re-installation and meet all of the requirements of this Section. Tank owners and operators shall submit proof of certification to the Division along with a notice of intent in accordance with Rule .0902 of this Section.
(e) Tanks shall be tested before and after installation in accordance with the following requirements:
(1) Pre-Installation Test - Before installation, the primary containment and the interstitial space shall be tested in accordance with the manufacturers written guidelines and Petroleum Equipment Institute (PEI), PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems." PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Petroleum Equipment Institute at at a cost of one hundred and ninety-five dollars ($195.00). The presence of soap bubbles or water droplets during a pressure test, any change in vacuum beyond the limits specified by the tank manufacturer during a vacuum test, or any change in liquid level in an interstitial space liquid reservoir beyond the limits specified by the tank manufacturer, shall be considered a failure of the integrity of the tank.
(2) Post-installation Test – The interstitial space shall be checked for a loss of pressure or vacuum, or a change in liquid level in an interstitial space liquid reservoir. Any loss of pressure or vacuum beyond the limits specified by the tank manufacturer, or a change in liquid level beyond the limits specified by the tank manufacturer, shall be considered a failure of the integrity of the tank.
(3) If a tank fails a pre-installation or post-installation test, tank installation shall be suspended until the tank is replaced or repaired in accordance with the manufacturer's specifications. Following any repair, the tank shall be re-tested in accordance with Subparagraph (1) of this Paragraph if it failed the pre-installation test and in accordance with Subparagraph (2) of this Paragraph if it failed the post-installation test.
(f) The interstitial spaces of tanks that are not monitored using vacuum, pressure, or hydrostatic methods shall be tested for tightness before UST system start-up, between six months and the first anniversary of start-up, and every three years thereafter. The interstitial space shall be tested using an interstitial tank tightness test method that is capable of detecting a 0.10 gallon per hour leak rate with a probability of detection (Pd) of at least 95 percent and a probability of false alarm (Pfa) of no more than five percent. The test method shall be evaluated by an independent testing laboratory, consulting firm, not-for-profit research organization, or educational institution using the most recent version of the United States Environmental Protection Agency's (EPA's) "Standard Test Procedures for Evaluating Release Detection Methods: Volumetric and Non-volumetric Tank Tightness Testing (EPA 510-B-19-003)." EPA's "Standard Test Procedures for Evaluating Release Detection Methods: Volumetric and Non-volumetric Tank Tightness Testing (EPA 510-B-19-003)" is hereby incorporated by reference, including subsequent amendments and additions. A copy may be obtained by visiting EPA's Office of Underground Storage Tank website: and may be accessed free of charge. The independent testing laboratory, consulting firm, not-for-profit research organization, or educational institution shall certify that the test method can detect a 0.10 gallon per hour leak rate with a Pd of at least 95 percent and a Pfa of no more than five percent for the specific tank model being tested. If a tank fails an interstitial tank tightness test, it shall be replaced by the owner or operator or repaired by the manufacturer or the manufacturer's authorized representative in accordance with manufacturer's specifications. Tank owners and operators shall report all failed interstitial tank tightness tests to the Division within 24 hours. Failed interstitial tank tightness tests shall be reported by fax to the Division of Waste Management, Underground Storage Tank Section, at (919) 715-1117. Following any repair, the tank interstitial space shall be re-tested for tightness. The most recent interstitial tightness test record shall be maintained at the UST site or the tank owner's or operator's place of business and shall be available for inspection.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. November 1, 2007;
Amended Eff. June 1, 2015; February 1, 2010;
Readopted Eff. January 1, 2021.
15A NCAC 02N .0904 PIPING
(a) Piping, with the exception of flexible connectors and piping connections, shall be pre-fabricated with double-walled construction. Any flexible connectors or piping connections that do not have double-walled construction shall be installed in containment sumps that meet the requirements of Rule .0905 of this Section.
(b) Piping, with the exception of metal flex connectors and piping connections, shall meet the requirements of Subparagraph (1) or (2) of this Paragraph. Metal flexible connectors and piping connections shall be installed in containment sumps that meet the requirements of Rule .0905 of this Section.
(1) Primary and secondary piping are constructed of non-corroding materials and shall comply with the Underwriters Laboratories Standard (UL) 971 standard "Nonmetallic Underground Piping for Flammable Liquids" that is in effect at the time the piping is installed. UL 971 "Standard for Nonmetallic Underground Piping for Flammable Liquids" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of four hundred and two dollars ($402.00).
(2) Primary piping is constructed of stainless steel and secondary piping is constructed of non-corroding materials and shall comply with UL 971A "Outline of Investigation for Metallic Underground Fuel Pipe." UL 971A "Outline of Investigation for Metallic Underground Fuel Pipe" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of two hundred and twenty-five dollars ($225.00).
(c) Piping that is buried underground shall be constructed with a device or method that allows it to be located once it is installed.
(d) Piping that conveys regulated substances under pressure shall also be equipped with an automatic line leak detector that meets the requirements of 40 CFR 280.44(a).
(e) At the time of installation, the primary containment and interstitial space of the piping shall be initially tested, monitored during construction, and finally tested in accordance with the manufacturers written guidelines and PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems." The presence of soap bubbles or water droplets or any loss of pressure beyond the limits specified by the piping manufacturer during testing shall be considered a failure of the integrity of the piping. If the piping fails a tightness test, it shall be replaced by the owner or operator or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's written specifications. Following any repair, the piping shall be re-tested for tightness in accordance with the manufacturers written guidelines and PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems."
(f) Piping that is not monitored continuously for releases using vacuum, pressure, or hydrostatic methods, shall be tested for tightness every three years following installation. The primary containment shall be tested using a piping tightness test method that is capable of detecting a 0.10 gallon per hour leak rate with a probability of detection (Pd) of at least 95 percent and a probability of false alarm (Pfa) of no more than five percent. The test method shall be evaluated by an independent testing laboratory, consulting firm, not-for-profit research organization, or educational institution using the most recent version of the United States Environmental Protection Agency's (EPA's) "Standard Test Procedures for Evaluating Release Detection Methods: Pipeline Release Detection (EPA 510-B-19-005)." EPA's "Standard Test Procedures for Evaluating Release Detection Methods: Pipeline Release Detection (EPA 510-B-19-005)" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained by visiting EPA's Office of Underground Storage Tank website: and may be accessed free of charge. The independent testing laboratory, consulting firm, not-for-profit research organization, or educational institution shall certify that the test method can detect a 0.10 gallon per hour leak rate with a Pd of at least 95 percent and a Pfa of no more than five percent. The interstitial space of the piping shall be tested in accordance with the manufacturer's written guidelines or a code of practice developed by a nationally recognized association or independent testing laboratory. If the piping fails a tightness test, it shall be replaced or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's specifications. Following any repair, the piping shall be re-tested for tightness in accordance with Paragraph (f) of this Rule. The most recent periodic tightness test record shall be maintained at the UST site or the tank owner or operator's place of business and shall be available for inspection.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. November 1, 2007;
Amended Eff. June 1, 2015;
Readopted Eff. January 1, 2021.
15A NcAC 02N .0905 CONTAINMENT SUMPS
(a) Containment sumps shall be constructed of non-corroding materials.
(b) Containment sumps shall be designed and manufactured expressly for the purpose of containing and detecting a release.
(c) Containment sumps shall be designed, constructed, installed, and maintained to prevent water infiltration.
(d) Electronic sensor probes used for release detection monitoring shall be located no more than two inches above the lowest point of the containment sump.
(e) At installation, containment sumps shall be tested for tightness after construction, but before backfilling. Tightness testing shall be conducted in accordance with the manufacturer's written guidelines and PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems." Other tightness test methods may be used if they are approved by the Division. In approving a containment sump tightness testing method the Division shall consider the following factors:
(1) the inner surface of the sump is tested to at least four inches above the highest joint or penetration fitting, whichever is higher; and
(2) the method is capable of detecting a fracture, perforation or gap in the sump within the specified test period.
(f) If a containment sump fails an installation tightness test, the sump shall be replaced or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's specifications. Following replacement or repair, the containment sump shall be re-tested for tightness in accordance with Paragraph (e) of this Rule.
(g) Containment sumps that are not monitored on an uninterrupted basis for releases using vacuum, pressure or hydrostatic interstitial monitoring methods shall be tested for tightness every three years following installation in accordance with:
(1) written requirements developed by the manufacturer;
(2) a code of practice developed by a nationally recognized association or independent testing laboratory; or
(3) requirements determined by the US Environmental Protection Agency or the Division to be no less protective of human health and the environment than the requirements listed in Subparagraph (1) and (2) of this Paragraph.
If a containment sump fails a periodic tightness test, the sump shall be replaced in accordance with Paragraphs (a), (b) and (c) of this Rule or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's specifications or a code of practice developed by a nationally recognized association or independent testing laboratory. Following replacement or repair, the containment sump shall be re-tested for tightness in accordance with Paragraph (e) of this Rule. The last periodic tightness test record shall be maintained at the UST site or the tank owner or operator's place of business and shall be available for inspection.
(h) All containment sumps shall be visually inspected at least annually in accordance with Rule .0407 of this Subchapter. Any water or regulated substance present in a sump at the time of inspection shall be removed from the sump within 48 hours of discovery. The visual inspection results shall be documented and shall be maintained for at least one year at the UST site or the tank owner's or operator's place of business and shall be available for inspection.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(2)(h);
Eff. November 1, 2007;
Readopted Eff. January 1, 2021;
Amended Eff. August 23, 2022.
15A NCAC 02N .0906 SPILL BUCKETS
(a) Spill buckets shall be pre-fabricated with double-walled construction.
(b) Spill buckets shall be protected from corrosion by being constructed of non-corroding materials.
(c) Spill buckets shall be designed, constructed, installed, and maintained to prevent water infiltration.
(d) After installation but before backfilling, the primary containment and interstitial space of the spill bucket shall be tested in accordance with the manufacturer's written guidelines or a code of practice developed by a nationally recognized association or independent testing laboratory. Any change in vacuum during a vacuum test or any change in liquid level in an interstitial space liquid reservoir beyond the limits specified by the equipment manufacturer shall be considered a failure of the integrity of the spill bucket. If the spill bucket fails a tightness test, it shall be replaced or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's specifications. Following any repair, the spill bucket shall be re-tested for tightness in accordance with the manufacturers' written guidelines or a code of practice developed by a nationally recognized association or independent testing laboratory.
(e) Spill buckets that are not monitored on an uninterrupted basis for releases using vacuum, pressure or hydrostatic methods, shall be tested for tightness at installation and every three years following installation. The primary containment and interstitial space of the spill bucket shall be tested in accordance with:
(1) written requirements developed by the manufacturer;
(2) a code of practice developed by a nationally recognized association or independent testing laboratory; or
(3) requirements determined by the US Environmental Protection Agency or the Division to be no less protective of human health and the environment than the requirements listed in Subparagraph (1) and (2) of this Paragraph.
If the spill bucket fails a tightness test, it shall be replaced and tested in accordance with Paragraphs (a) through (d) of this Rule or repaired by the manufacturer or the manufacturer's authorized representative in accordance with the manufacturer's specifications. Following any repair, the spill bucket shall be re-tested for tightness in accordance with the manufacturers' written guidelines or a code of practice developed by a nationally recognized association or independent testing laboratory. The last periodic tightness test record shall be maintained at the UST site or the tank owner or operator's place of business and shall be available for inspection.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(2)(h);
Eff. November 1, 2007;
Readopted Eff. January 1, 2021;
Amended Eff. August 23, 2022.
15A NCAC 02N .0907 NATIONAL CODES OF PRACTICE AND INDUSTRY STANDARDS
In order to comply with this Section, owners and operators shall comply with the following standards:
(1) The most recent versions of the following national codes of practice and industry standards applicable at the time of UST system installation or replacement shall be used.
(a) American Concrete Institute (ACI) International 224R-01, "Control of Cracking in Concrete Structures." ACI International 224R-01, "Control of Cracking in Concrete Structures" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from ACI International at at a cost of seventy-nine dollars and fifty cents ($79.50).
(b) ACI International 350-06, "Code Requirements for Environmental Engineering Concrete Structures." ACI International 350-06, "Code Requirements for Environmental Engineering Concrete Structures" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from ACI International at at a cost of one hundred eighty-six dollars and fifty cents ($186.50).
(c) American Petroleum Institute (API) Standard 570, "Piping Inspection Code: In-service Inspection, Repair, Alteration of Piping Systems." API Standard 570, "Piping Inspection Code: In-service Inspection, Repair, Alteration of Piping Systems." is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of one hundred ninety-five dollars ($195.00).
(d) API Recommended Practice 1110, "Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids or Carbon Dioxide." API Recommended Practice 1110, "Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids or Carbon Dioxide" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of one hundred three dollars ($103.00).
(e) API Recommended Practice 1615, "Installation of Underground Hazardous Substances or Petroleum Storage Systems." API Recommended Practice 1615, "Installation of Underground Hazardous Substances or Petroleum Storage Systems" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of two hundred twenty-two dollars ($222.00).
(f) API Recommended Practice 1621, "Bulk Liquid Stock Control at Retail Outlets." API Recommended Practice 1621, "Bulk Liquid Stock Control at Retail Outlets" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of ninety dollars ($90.00).
(g) API Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks." API Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of ninety-four dollars ($94.00).
(h) API Recommended Practice 1637, "Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals." API Recommended Practice 1637, "Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from API Publications at at a cost of seventy-nine dollars ($79.00).
(i) American Society of Mechanical Engineers (ASME) International: B31.4-2006, "Pipeline Transportation Systems for Liquids and Slurries." ASME International: B31.4-2006, "Pipeline Transportation Systems for Liquids and Slurries" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from ASME at at a cost of two hundred forty-five dollars ($245.00).
(j) National Fire Protection Association (NFPA) 30, "Flammable and Combustible Liquids Code." NFPA 30, "Flammable and Combustible Liquids Code" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from National Fire Protection Association at at a cost of seventy-seven dollars and fifty cents ($77.50).
(k) NFPA 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages." NFPA 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from National Fire Protection Association at at a cost of fifty-two dollars ($52.00).
(l) NFPA 329, "Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases." NFPA 329, "Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from National Fire Protection Association at at a cost of fifty-two dollars ($52.00).
(m) PEI: PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems." PEI: PEI/RP100, "Recommended Practice for Installation of Underground Liquid Storage Systems" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Petroleum Equipment Institute at at a cost of one hundred ninety-five dollars ($195.00).
(n) PEI: PEI/RP1200, "Recommended Practice for Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities." PEI: PEI/RP1200, "Recommended Practice for Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Petroleum Equipment Institute at at a cost of one hundred ninety-five dollars ($195.00).
(o) Steel Tank Institute (STI) ACT 100 F894, "Specifications for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks." Steel Tank Institute (STI) ACT 100 F894, "Specifications for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Steel Tank Institute, at at a cost of sixty dollars ($60.00).
(p) STI ACT 100-U F961, "Specifications for External Corrosion Protection of Composite Steel Underground Storage Tanks." STI ACT 100-U F961, "Specifications for External Corrosion Protection of Composite Steel Underground Storage Tanks" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Steel Tank Institute at at a cost of sixty dollars ($60.00).
(q) STI F922, "Specifications for Permatank." STI F922, "Specifications for Permatank" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Steel Tank Institute at at a cost of sixty dollars ($60.00).
(r) Underwriters UL 58, "Standard for Steel Underground tanks for Flammable and Combustible Liquids." UL 58, "Standard for Steel Underground tanks for Flammable and Combustible Liquids." is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of four hundred and two dollars ($402.00).
(s) UL 567, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP Gas." UL 567, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings Petroleum Products and LP Gas" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of seven hundred sixteen dollars ($716.00).
(t) UL 567A, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Gasoline and Gasoline/Ethanol Blends with Nominal Ethanol Concentrations up to 85 Percent (E0 – E85)." UL 567A, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Gasoline and Gasoline/Ethanol Blends with Nominal Ethanol Concentrations up to 85 Percent (E0 – E85)" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of five hundred and five dollars ($505.00).
(u) UL 567B, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Diesel Fuel, Biodiesel Fuel, Diesel/Biodiesel Blends with Nominal Biodiesel Concentrations up to 20 Percent (B20), Kerosene, and Fuel Oil." UL 567B, "Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Diesel Fuel, Biodiesel Fuel, Diesel/Biodiesel Blends with Nominal Biodiesel Concentrations up to 20 Percent (B20), Kerosene, and Fuel Oil" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at
at a cost of four hundred and two dollars ($402.00).
(v) UL 971, "Standard for Nonmetallic Underground Piping for Flammable Liquids." UL 971, "Standard for Nonmetallic Underground Piping for Flammable Liquids" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from UL at
at a cost of four hundred and two dollars ($402.00).
(w) UL 971A, "Outline of Investigation for Metallic Underground Fuel Pipe." UL 971A, "Outline of Investigation for Metallic Underground Fuel Pipe" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from UL at at a cost of two hundred and twenty-five dollars ($225.00).
(x) UL 1316, "Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids." UL 1316, "Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids" is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at
at a cost of four hundred and two dollars ($402.00).
(y) UL 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks." UL 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks." is hereby incorporated by reference, including subsequent amendments and editions. A copy may be obtained from Underwriters Laboratories at at a cost of seven hundred ninety-eight dollars ($798.00); and
(2) Other appropriate codes or standards applicable at the time of UST system installation or replacement may be used provided they are developed by ACI, American National Standards Institute (ANSI), API, ASME, ASTM International, NFPA, National Leak Prevention Association (NLPA), PEI, STI and UL.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h);
Eff. November 1, 2007;
Readopted Eff. January 1, 2021.
SECTION .1000 – UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS
15A NCAC 02N .1001 DEFINITIONS
The regulations governing "UST systems with field-constructed tanks and airport hydrant fuel distribution systems" set forth in 40 CFR 280.250 (Subpart K) are hereby incorporated by reference.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); 150B-21.6;
Eff. June 1, 2017.
15A NCAC 02N .1002 GENERAL REQUIREMENTS
The regulations governing "General Requirements" set forth in 40 CFR 280.251 (Subpart K) are hereby incorporated by reference.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); 150B-21.6;
Eff. June 1, 2017.
15A NCAC 02N .1003 ADDITIONS, EXCEPTIONS, AND ALTERNATIVES FOR UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS
The regulations governing "Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems" set forth in 40 CFR 280.252 (Subpart K) are hereby incorporated by reference, except that:
(1) piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant fueling system shall comply with the requirements of Section .0900 of this Subchapter; and
(2) UST systems with field-constructed tanks and airport hydrant systems shall comply with the spill and overfill prevention requirements of Section .0900 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); 150B-21.6;
Eff. June 1, 2017.
SUBCHAPTER 02O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS
SECTION .0100 - GENERAL CONSIDERATIONS
15A NCAC 02O .0101 GENERAL
(a) Owners and operators of underground storage tank systems that are subject to regulation pursuant to 40 CFR 280.10 and located in North Carolina shall comply with the financial responsibility requirements in this Subchapter.
(b) The Department of Environmental Quality (Department), Division of Waste Management (Division) shall administer the underground storage tank financial responsibility compliance program for the State of North Carolina.
(c) Department staff may conduct inspections to ensure compliance with this Subchapter.
History Note: Authority G.S. 143-215.3(a)(15); 143-215.94H; 143B-282(a)(2)(h);
Eff. July 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Amended Eff. January 1, 2021.
15A NCAC 02O .0102 Financial Responsibility
The governing Federal Regulations set forth below are hereby incorporated by reference, excluding any subsequent amendments and editions. Copies may be obtained at cgi-bin/ECFR?page=browse at no cost.
(1) 40 CFR 280.90, "Applicability";
(2) 40 CFR 280.91, "Compliance Dates";
(3) 40 CFR 280.94, "Allowable Mechanisms and Combinations of Mechanisms";
(4) 40 CFR 280.96, "Guarantee";
(5) 40 CFR 280.98, "Surety Bond";
(6) 40 CFR 280.99, "Letter of Credit";
(7) 40 CFR 280.102, "Trust Fund";
(8) 40 CFR 280.103, "Standby Trust Fund";
(9) 40 CFR 289.104, "Local Government Bond Rating Test";
(10) 40 CFR 280.105, "Local Government Financial Test";
(11) 40 CFR 280.106, "Local Government Guarantee";
(12) 40 CFR 280.107, "Local Government Fund";
(13) 40 CFR 280.108, "Substitution of Financial Assurance Mechanisms by Owner or Operator";
(14) 40 CFR 280.109, "Cancellation or Nonrenewal by a Provider of Financial Assurance";
(15) 40 CFR 280.110, "Reporting by Owner or Operator";
(16) 40 CFR 280.112, "Drawing on Financial Assurance Mechanisms"; and
(17) 40 CFR 290.113. "Release from the Requirements".
History Note: Authority G.S. 143-215.3(a)(15); 143B 282(a)(2)(h);
Eff. July 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Amended Eff. January 1, 2021.
15A NCAC 02O .0103 SUBSTITUTED SECTIONS
History Note: Authority G.S. 143-215.94H; 143-215.94T; 150B-21.6;
Eff. July 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Repealed Eff. January 1, 2021.
SECTION .0200 - PROGRAM SCOPE
15A NCAC 02O .0201 APPLICABILITY
15A NCAC 02O .0202 COMPLIANCE DATES
History Note: Authority G.S. 143-215.94A; 143-215.94H; 143-215.94T; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0203 DEFINITIONS
(a) The definitions in 40 CFR 280.92 are hereby incorporated by reference, except as modified below. The federal regulation may be accessed at cgi-bin/ECFR?page=browse at no charge.
(1) "Director of the Implementing Agency" shall mean the Director of the Division of Waste Management.
(2) "Financial reporting year" shall be modified to allow a compilation report to be used to support a financial test. The compilation report shall be prepared by a Certified Public Accountant (CPA) or Certified Public Accounting Firm (CPA Firm) as defined in 21 NCAC 08A .0301.
(b) The following definitions shall apply throughout this Subchapter:
(1) "Independent" Certified Public Accountant or Certified Public Accounting Firm shall mean a CPA or CPA firm that examines the financial records and business transactions of an owner, operator or guarantor for whom the CPA or CPA firm is not affiliated.
(2) "Financial assurance" shall mean per occurrence and annual aggregate amounts of financial responsibility, collectively.
History Note: Authority G.S. 143-215.94A; 143-215.94H;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
15A NCAC 02O .0204 AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY
(a) Pursuant to G.S. 143-215.94H(a)(2), owners or operators shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks. The minimum financial responsibility that shall be maintained per occurrence is determined by calculating the sum of the following:
(1) twenty thousand dollars ($20,000) for taking corrective action to cleanup environmental damage pursuant to G.S. 143-215.94B(b)(3);
(2) one hundred thousand dollars ($100,000) for compensating third parties for bodily injury and property damage pursuant to G.S. 143-215.94B(b)(5); and
(3) the multiple of six hundred dollars ($600.00) and the number of petroleum underground storage tanks that an owner or operator owns or operates in the state of North Carolina.
(b) The minimum financial responsibility that shall be maintained as an annual aggregate is equal to the per occurrence amount.
(c) Owners or operators shall annually review the amount of financial assurance provided. The amount of required financial assurance shall be adjusted at the time of the review.
(d) If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum underground storage tanks, the amount of financial assurance required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.
(e) The amount of financial assurance required under this Rule exclude legal defense costs.
(f) The required amount of financial assurance does not in any way limit the liability of the owner or operator.
(g) Evidence of financial responsibility for petroleum underground storage tanks located in North Carolina shall be provided separately from that provided for petroleum underground storage tanks not located in North Carolina.
History Note: Authority G.S. 143-215.94H; 143-215.94T;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
SECTION .0300 - ASSURANCE MECHANISMS
15A NCAC 02O .0301 ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0302 SELF INSURANCE
(a) An owner, operator, or guarantor may meet the financial responsibility requirements by passing the financial test specified in Paragraph (b) of this Rule.
(b) An owner, operator or guarantor, individually or collectively, shall meet the following criteria based on year-end financial statements for the latest completed fiscal year.
(1) The owner, operator, or guarantor, individually or collectively shall have a total tangible net worth of at least the sum of the amounts specified in (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) of this Rule, not to exceed three million dollars ($3,000,000) and not to be less than one hundred fifty thousand dollars ($150,000):
(2) A cleanup cost factor determined by multiplying the following:
(A) the number of petroleum underground storage tanks that an owner or operator owns or operates in the state of North Carolina and that are covered by self-insurance. USTs that are manifolded together are considered separate USTs. A multi-compartment UST is considered one UST;
(B) twenty thousand dollars ($20,000) for taking corrective action to cleanup environmental damage pursuant to G.S. 143-215.94(B)(b)(3);
(C) the proportion of financial assurance required pursuant to Rule .0204 of this Subchapter being covered by self-insurance; and
(D) a constant equal to 0.05.
(3) A third party liability cost factor determined by multiplying the following:
(A) the number of petroleum underground storage tanks that an owner or operator owns or operates in the state of North Carolina and that are covered by self-insurance;
(B) one hundred thousand dollars ($100,000) for compensating third parties for bodily injury and property damage pursuant to G.S. 143-215.94(B)(b)(5); and
(C) the proportion of financial assurance required pursuant to Rule .0204 of this Subchapter being covered by self-insurance; and
(D) a constant equal to 0.02.
(4) The amount of tangible net worth used to assure financial responsibility for petroleum underground storage tanks not located in North Carolina;
(5) Ten times the sum of the corrective action cost estimates (40 CFR 264.101(b)), the closure (40 CFR 264.143 and 265.143) and post-closure care (40 CFR 264.145 and 265.145) cost estimates, and amount of liability coverage (40 CFR 264.147 and 265.147) for Hazardous Waste Management Facilities and Hazardous Waste Storage Facilities for which a financial test is used to demonstrate financial responsibility to EPA or to a State implementing agency under a State program authorized by EPA under 40 CFR 271; and
(6) Ten times the sum of current plugging and abandonment cost estimates for injection wells (40 CFR 144.63) for which a financial test is used to demonstrate financial responsibility to the EPA under 40 CFR 144.63 or to a State implementing agency under a State program authorized by EPA under 40 CFR Part 145.
(7) In addition to any other requirements of this Section, a guarantor shall have a net worth of at least two hundred thousand dollars ($200,000) greater than any tangible net worth used by the guarantor in Subparagraph (1) of this Paragraph.
(c) The owner or operator or guarantor, individually or collectively, shall each have a letter signed by the chief financial officer, worded as specified in Paragraph (g) of this Rule, and shall do one of the following:
(1) Obtain annually a compilation report issued by an independent certified public accountant or certified public accounting firm;
(2) Pursuant to 40 CFR 280.95(b)(4)(i), file financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Electrification Administration; or
(3) Pursuant to 40 CFR 280.95(b)(4)(ii), report annually the firm's tangible net worth to Dun and Bradstreet, and Dun and Bradstreet shall have assigned the firm a financial strength rating of 4A or 5A.
(d) The firm's year-end financial statements cannot include an adverse accountant's report or a "going concern" qualification.
(e) 40 CFR 280.95(d), (e), (f) and (g) are incorporated by reference, excluding any subsequent amendments and editions except that "financial test" means the financial test specified in Paragraph (b) of this Rule. A copy of the federal code may be obtained at cgi-bin/ECFR?page=browse at no cost.
(f) To demonstrate that it meets the financial test under Paragraph (b) of this Rule, the chief financial officer of each owner, operator, or guarantor shall sign, within 120 days of the close of each financial reporting year, as defined by the 12-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as in Paragraph (g) of this Rule, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.
(g) LETTER FROM CHIEF FINANCIAL OFFICER
I, [insert: name of chief financial officer], the chief financial officer of [insert: name and address of the owner, operator or guarantor] have prepared this letter in support of the use of [insert: "the financial test of self-insurance," and/or "guarantee"] to demonstrate financial responsibility for [insert: "taking corrective action" or "compensating third parties for bodily injury and property damage"] caused by [insert: "sudden accidental releases" and/or "nonsudden accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).
Underground storage tanks at the following facilities are assured by this financial test by this [insert: "owner or operator," or "guarantor"]:
[List or attach the following information for each facility: the name and address of the facility where tanks assured by this financial test are located and facility number(s) assigned by the Department. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test.]
[When appropriate, include the following for Hazardous Waste Management Facilities, Hazardous Waste Storage Facilities, and Injection Wells:
A [insert: "financial test" or "guarantee"] is also used by this [insert: "owner, operator" or "guarantor"] to demonstrate evidence of financial responsibility in the following amounts under EPA regulations or state programs authorized by EPA under 40 CFR Parts 271 and 145:
EPA Regulations Amount
Closure (including 40 CFR 264.143 and 265-143) $____________
Post-Closure Care (including 40 CFR 264.145 and 265.145) $____________
Liability Coverage (including 40 CFR 264.147 and 265.147) $____________
Corrective Action (including 40 CFR 264.101(b)) $____________
Plugging and Abandonment (including 40 CFR 144.63) $____________
Total $____________
This [insert: "owner, operator" or "guarantor"] has not received an adverse report or a "going concern" qualification from an independent accountant on his financial statements for the latest completed fiscal year.
1. a. Number of USTs in North Carolina being covered _____________
b. Proportion covered _____________
c. Cleanup cost factor (multiply 0.05 x $20,000 x #1a and #1b) $____________
d. Third party liability cost factor (multiply 0.02 x $100,000 x #1a and #1b) $____________
2. Cleanup and third-party liability cost factor total (sum of #1c and #1d) $____________
3. Guarantor factor (enter $200,000, if guarantor) $____________
4. Net worth used to assure environmental liabilities for Hazardous Waste Management
Facilities, Hazardous Waste Storage Facilities, and Injection Wells multiplied by 10 $____________
5. Net worth used to assure environmental liabilities for USTs outside of North Carolina $____________
6. Total net worth required to self-insure or to be a guarantor (sum of #2, #3, #4 and #5) $____________
7. Total tangible assets $____________
8. Total liabilities (if any of the amount reported for #6 is included in total liabilities,
you may deduct that amount from this line and add that amount to #9) $____________
9. Tangible net worth (subtract #8 from #7) $____________
Yes No
10. Is line 9 at least [for an owner or operator: $150,000; for a guarantor: $350,000]? _____ _____
11. Is line 9 equal to or greater than line 6? _____ _____
12. Has a compilation report been issued by an independent certified public accountant or
Certified public accounting firm? _____ _____
13. Have financial statements for the latest fiscal year been filed with the Securities
and Exchange Commission? _____ _____
14. Have financial statements for the latest fiscal year been filed with the Energy
Information Administration? _____ _____
15. Have financial statements for the latest fiscal year been filed with the Rural
Electrification Administration? _____ _____
16. Has financial information been provided to Dun and Bradstreet, and has Dun and
Bradstreet provided a financial strength rating of 4A or 5A? [Answer "Yes" only if
both criteria have been met] _____ _____
I hereby certify that the wording of this letter is identical to the wording specified in 15A NCAC 2O .0302, as such regulations were constituted on the date shown immediately below, and that the information contained herein is complete and accurate.
[Signature of chief financial officer]
[Name]
[Title]
[Date]
History Note: Authority G.S. 143-215.94H;
Eff. August 3, 1992;
Readopted Eff. January 1, 2021.
15A NCAC 02O .0303 GUARANTEE
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0304 INSURANCE AND RISK RETENTION GROUP COVERAGE
40 CFR 280.97 entitled "Insurance and Risk Retention Group Coverage" is incorporated by reference, excluding any subsequent amendments and editions, except that "licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states" in 40 CFR 280.97(b)(1), (b)(2), and (c) is replaced by "licensed, registered, or otherwise authorized to provide insurance in North Carolina". This document may be accessed at cgi-bin/ECFR?page=browse at no charge. The requirements in 40 CFR 280.97 shall be met to demonstrate financial responsibility by insurance pursuant to G.S. 143-215.94H.
History Note: Authority G.S. 143-215.94H;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
15A NCAC 02O .0305 SURETY BOND
15A NCAC 02O .0306 LETTER OF CREDIT
15A NCAC 02O .0307 STANDBY TRUST FUND
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0308 INSURANCE POOLS
(a) Insurance pools established by owners and operators may be used alone or in combination to demonstrate financial assurance in accordance with Rule .0204 of this Subchapter.
(b) To be an eligible mechanism for demonstrating financial assurance, insurance pools shall comply with the requirements of G.S. 143-215.94I.
(c) Each owner and operator providing financial assurance through an insurance pool shall maintain a certificate of insurance issued by the insurance pool that lists the following information:
(1) the name and address of the member;
(2) the location of the facilities owned by that member where underground storage tanks are being insured by the pool;
(3) the number of insured underground storage tanks at each facility;
(4) the capacity of each insured underground storage tank;
(5) the amount of insurance provided for each underground storage tank; and
(6) the name, address, and signature of the Administrator of the insurance pool.
History Note: Authority G.S. 143-215.94H; 143-215.94I;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
15A NCAC 02O .0309 SUBSTITUTION OF FINANCIAL ASSURANCE MECHANISMS
15A NCAC 02O .0310 CANCELLATION OR NONRENEWAL BY A PROVIDER OF ASSURANCE
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. June 1, 2017.
15A NCAC 02O .0311 LOCAL GOVERNMENT BOND RATING TEST
15A NCAC 02O .0312 LOCAL GOVERNMENT FINANCIAL TEST
15A NCAC 02O .0313 LOCAL GOVERNMENT GUARANTEE
15A NCAC 02O .0314 LOCAL GOVERNMENT FUND
15A NCAC 02O .0315 SUBSTITUTION OF FINANCIAL ASSURANCE MECHANISMS
15A NCAC 02O .0316 CANCELLATION OR RENEWAL BY A PROVIDER OF ASSURANCE
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. June 1, 2017;
Repealed Eff. January 1, 2021.
SECTION .0400 - RESPONSIBILITIES OF OWNERS AND OPERATORS
15A NCAC 02O .0401 REPORTING BY OWNER OR OPERATOR
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0402 RECORD KEEPING
(a) 40 CFR 280.111 entitled "Record Keeping" is incorporated by reference, excluding subsequent amendments and editions. This document may be accessed at cgi-bin/ECFR?page=browse at no charge.
(b) In addition to the requirements incorporated in Paragraph (a) of this Rule, an owner or operator using an Insurance Pool as a financial assurance mechanism in accordance with Rule .0308 of this Subchapter, shall maintain a copy of the signed insurance certificate as specified in Rule .0308(c) of this Subchapter.
History Note: Authority G.S. 143-215.94H;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
SECTION .0500 - CHANGES IN STATUS
15A NCAC 02O .0501 DRAWING ON FINANCIAL ASSURANCE MECHANISMS
15A NCAC 02O .0502 RELEASE FROM THE REQUIREMENTS
History Note: Authority G.S. 143-215.94H; 150B-21.6;
Eff. July 1, 1992;
Repealed Eff. January 1, 2021.
15A NCAC 02O .0503 INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF ASSURANCE
(a) 40 CFR 280.114 entitled "Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance is incorporated by reference, excluding subsequent amendments and editions. This document may be accessed at cgi-bin/ECFR?page=browse at no charge.
(b) Within 30 days after receipt of notification that the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund has become incapable of paying for assured corrective action or third-party compensation costs, the owner or operator shall obtain financial assurance for the full amounts specified in 40 CFR 280.93.
History Note: Authority G.S. 143-215.94H; 143-215.94T;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
15A NCAC 02O .0504 REPLENISHMENT
(a) 40 CFR 280.115 entitled "Replenishment of Guarantees, Letters of Credit, or Surety Bonds" is incorporated by reference, excluding subsequent amendments and editions. This document may be accessed at cgi-bin/ECFR?page=browse at no charge.
(b) If a standby trust (40 CFR 280.103) is funded upon the instruction of the Department with funds drawn from a guarantee (40 CFR 280.96), letter of credit (40 CFR 280.99), or surety bond (40 CFR 280.98), and the amount in the standby trust is reduced to less than the amount for which the owner or operator is responsible per occurrence for third party claims, the owner or operator shall within 60 days from which the funds were drawn:
(1) replenish the value of financial assurance to equal the full amount of coverage required pursuant to Rule .0204 of this Subchapter; or
(2) acquire another financial assurance mechanism for the amount by which funds in the standby trust fund have been reduced.
History Note: Authority G.S. 143-215.94H; 143-215.94T;
Eff. July 1, 1992;
Readopted Eff. January 1, 2021.
SUBCHAPTER 02P - Commercial LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP Fund
SECTION .0100 - GENERAL CONSIDERATIONS
15A NCAC 02P .0101 GENERAL
(a) This Subchapter establishes criteria and procedures for the reimbursement of costs incurred by owners, operators, and landowners from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
(b) The Underground Storage Tank (UST) Section, hereafter referred to as "the Section," of the Division of Waste Management of the Department of Environmental Quality (DEQ), hereafter referred to as "the Department," shall administer the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund for the State of North Carolina.
(c) The Department may engage in the activities described in G.S. 143-215.94G in accordance with 15A NCAC 02L and subject to the availability of resources, as determined by the Department.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94G; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Amended Eff. October 1, 2022.
15A NCAC 02P .0102 COPIES OF RULES INCORPORATED BY REFERENCE
History Note: Authority G.S. 12-3.1(c); 143-215.3; 143-215.94L; 143-215.94T; 143B-282; 150B-21.6;
Eff. February 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;
Repealed Eff. October 1, 2022.
15A NCAC 02P .0103 FALSE OR MISLEADING INFORMATION
If any owner, operator, landowner, or authorized agent knowingly submits any false or misleading information with regard to the rules of this Subchapter, and if the false or misleading information results in delay of any efforts to stop the discharge or release, results in delay of detection of any portion of the discharge or release, or results in delay of investigatory or remedial activities, then that owner, operator, landowner, or authorized agent shall be considered to be contributing to a discharge or release, interfering with the mitigation of a discharge or release, or preventing the early detection of a discharge or release pursuant to G.S. 143-215.94E(g)(1).
History Note: Authority G.S. 143-215.3; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
SECTION .0200 - PROGRAM SCOPE
15A NCAC 02P .0201 APPLICABILITY
(a) This Subchapter shall apply to the disbursement of funds from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund and to the collection of annual operating fees.
(b) Any portions of this Subchapter which concern annual tank operating fees apply to all owners and operators of Commercial Underground Storage Tanks that are or have been in use in North Carolina at any time on or after January 1, 1989.
(c) This Subchapter shall apply to discharges or releases from commercial underground storage tank systems, regardless of whether such systems are regulated under 15A NCAC 02N.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94C; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0202 DEFINITIONS
(a) The definitions in 15A NCAC 02N .0203 apply for purposes of this Subchapter, except the definition of "Underground Storage Tank" shall be as defined in Subparagraph (b)(12) of this Rule.
(b) The following terms are defined for use in this Subchapter:
(1) "Annual operating fee" means the annual fee established in G.S. 143-215.94C that is required to be paid to the Department by the owner or operator of each commercial underground storage tank, as defined in G.S. 143-215.94A, in use on or after January 1, 1989.
(2) "Commission" means the Environmental Management Commission as organized under Chapter 143B of the General Statutes.
(3) "Department" means Department of Environmental Quality.
(4) "Discovered release" means a release that an owner or operator, or its employee or agent, has been made aware of, has been notified of, or has a reasonable basis for knowing has occurred.
(5) "Landowner" means any record fee owner of real property that contains or contained a commercial underground storage tank of which he or she does not qualify as an owner or operator pursuant to G.S. 143-215.94A.
(6) "Notice of Residual Petroleum" means the recordation of residual petroleum from underground storage tanks in accordance with G.S. 143B-279.11.
(7) "Reasonable and necessary expenditures" means expenditures for the assessment and remediation of environmental damage performed in accordance with applicable environmental laws, regulations, and rules that are necessary to determine the extent of contamination, remediate or respond to a release, or compensate third-parties for bodily injury and property damage resulting from the release. The Commission shall consider such expenditures reasonable and necessary to the extent that they are supported by the documentation required by Rule .0404 of this Subchapter, are performed in an efficient manner considering comparable costs for labor, equipment, and materials, and utilize cost-efficient methods.
(8) "Reasonable Rate Document" means the schedule of costs that the Department has determined to be reasonable and necessary costs for specific tasks pursuant to G.S. 143-215.94E(e5)(3).
(9) "Tank in operation" means an underground storage tank into which product is added or from which product is removed for purposes other than closure.
(10) "Tank in use" means an underground storage tank intended for the containment or dispensing of petroleum product.
(11) "Underground storage tank" means any Commercial Underground Storage Tank as defined in G.S. 143-215.94A.
History Note: Authority G.S. 143-215.3; 143-215.94A; 143-215.94B; 143-215.94C; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
SECTION .0300 - ANNUAL OPERATING FEES
15A NCAC 02P .0301 FEES AND PAYMENT
The owner or operator of each commercial underground storage tank shall pay all annual operating fees due for that commercial underground storage tank in accordance with G.S. 143-215.94C. Unpaid operating fees attach to the tanks, notwithstanding the ownership of the tanks.
History Note: Authority G.S. 143-215.3; 143-215.94C; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0302 NOTIFICATION
Any person acquiring ownership of an existing commercial underground storage tank shall provide written notification to the Department of this action within 30 days of the date of transfer. This notification shall indicate the following:
(1) name and address of the previous owner and the new owner;
(2) name, identification number, and street address of the facility;
(3) date of transfer;
(4) signatures of the transferring owner and the new owner or their authorized representatives;
(5) proof of placement of a Notice of Residual Petroleum for any known release at the site at the time of the transfer of the property;
(6) statement of intent of whether the new owner intends to accept eligibility of any previous release from the tank or tanks just acquired; and
(7) copy of ownership transfer documents.
History Note: Authority G.S. 143-215.3; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
SECTION .0400 - REIMBURSEMENT PROCEDURE
15A NCAC 02P .0401 ELIGIBILITY OF OWNER OR OPERATOR
(a) Date of Release.
(1) An owner, operator, or landowner of a commercial underground storage tank is not eligible for reimbursement of costs from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund related to releases which were discovered prior to June 30, 1988.
(2) In the case of multiple releases that commingle into one plume, the deductible is established under the date of first release.
(3) Only the currently approved eligible party, determined in accordance with Paragraphs (b) through (d) of this Rule, may be reimbursed from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
(4) After the Department has notified the eligible party that no further action is required for a discharge or release pursuant to 15A NCAC 02L, eligibility may be reapplied for by either the current owner, operator, or landowner or former eligible party as applicable and upon receiving eligibility, said party shall be credited for all prior reimbursable cleanup costs subject to G.S. 143-215.94E(j) and G.S. 143-215.94E(k).
(b) An owner or operator of a commercial underground storage tank is not eligible for reimbursement for costs related to releases if any annual operating fees due have not been paid in accordance with Rule .0301 of this Subchapter prior to discovery of a release from the tank. A previous owner or operator of a commercial underground storage tank may be eligible for reimbursement of costs for cleanup of a release discovered after he or she ceases owning or operating the underground storage tank if all fees due during his or her period of ownership and operation have been paid prior to discovery of the release. A landowner is eligible for reimbursement of costs without regard to the payment of fees as long as the property has not been transferred to circumvent liability in accordance with this Paragraph.
(c) An owner, operator, or landowner of a commercial underground storage tank is not eligible for reimbursement of any expenditures that are:
(1) in excess of the amount determined reasonable in accordance with Rule .0402 of this Section;
(2) not necessary in performing cleanup of environmental damage and in compensating third-parties for bodily injury and property damage; and
(3) less than any deductible established for the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
(d) An owner, operator, or landowner of a commercial underground storage tank, who is eligible for reimbursement under the rules of this Section, may be reimbursed for eligible costs only after submittal of a written application of eligibility to the Department, on forms provided by the Department, which are located at 217 West Jones Street, Raleigh, NC 27603 and on the Department's website, and which includes information and documentation necessary to determine eligibility. An application of eligibility shall include:
(1) contact information for the applicant, including contact name, address, phone number, and email address;
(2) site information, including tenant information if applicable;
(3) inventory of all tanks ever installed on the property;
(4) release discovery and reporting information;
(5) a disclosure of any past enforcement initiated against the applicant pursuant to G.S. 143-215.94W through 143-215.94Z;
(6) a certification as required by G.S. 143-215.94E(f1);
(7) scaled site map showing location of all tanks and releases;
(8) tank upgrade information;
(9) property deeds and bills of sale that verify that the applicant was the owner, operator, or landowner at the time of the release;
(10) any UST Section inspection records; and
(11) a notarized affidavit from the applicant verifying compliance with the rules of this Subchapter and with 15A NCAC 02N and 02O, G.S. 143-215.94A, 143-215.94B, 143-215.94C, and 143-215.94E.
(e) An owner or operator of a commercial underground storage tank shall not be eligible for reimbursement for costs related to releases if any of the conditions set forth in G.S. 143-215.94E(g)(1) apply.
(f) The release response and corrective action requirements of any rules of the Commission and of any statute administered by the Department shall not be construed as limited by, or contingent upon, any reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94L; 143-215.94N; 143-215.94T;
143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0402 CLEANUP COSTS
(a) In determining whether costs expended by an owner, operator, or landowner are reasonable and necessary, the Department shall consider the following:
(1) adequacy and cost-effectiveness of any work performed, and technical activity utilized by the owner, operator, or landowner in performing release response, site assessment, and corrective action;
(2) industry rates of engineering, geological, or other environmental consulting firms providing similar services in the State as determined by the Department;
(3) industry rental rates for any equipment, not to exceed the purchase price, as determined by the Department;
(4) industry rates of any other service, labor, or expense; and
(5) whether costs expended for corrective action were required by 15A NCAC 02L.
(b) Expenditures not eligible for reimbursement shall include the following:
(1) costs that are not eligible to be reimbursed pursuant to G.S. 143-215.94B, and any costs associated with noncommercial underground storage tanks;
(2) costs of the replacement of any underground storage tank, piping, fitting, or ancillary equipment required to operate and maintain a UST system;
(3) costs incurred in preparation of any proposals by a provider of service for the purpose of soliciting or bidding for the opportunity to perform an environmental investigation or cleanup, even if that provider is selected to provide the service solicited;
(4) interest of any kind;
(5) expenses charged by the owner, operator, or landowner in the processing and management of a reimbursement application or subsequent claims;
(6) attorney's fees;
(7) penalties, fees, and fines assessed by any court or agency;
(8) loss of profits, fees, and wages incurred by the owner, operator, or landowner;
(9) costs for which pre-approval is required as set forth in G.S. 143-215.94E(e5)(1) and (2), and was not obtained;
(10) any other expenses not specifically related to environmental cleanup, or implementation of a cost-effective environmental cleanup, or third-party bodily injury or property damage; and
(11) for any task for which a maximum rate is established in the Reasonable Rate Document, costs in excess of that maximum rate shall not be eligible for reimbursement without prior written pre-approval by the Department.
(c) When preapproval of costs is required and is obtained from the Department, the preapproval is valid for one year from the date fully executed.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94L; 143-215.94T; 143-215.94V; 143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Temporary Amendment Eff. January 2, 1998; January 2, 1996;
Amended Eff. October 29, 1998 (SB 1598);
Temporary Amendment Eff. October 1, 1999;
Amended Eff. August 1, 2000;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0403 THIRD-PARTY CLAIMS
(a) An owner, operator, or landowner seeking reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund for any third-party claim for bodily injury or property damage shall notify the Department of any such claim in accordance with G.S. 143-215.94E(e3). The owner, operator, or landowner shall provide the Department with all pleadings and other documents filed in support of a claim for third-party bodily injury or property damage, if a lawsuit for third-party bodily injury or property damage has been filed. Prior to entry into any settlement agreement or consent judgement, Departmental approval is required pursuant to G.S. 143-215.94E(e3). The owner, operator, or landowner shall provide to the Department copies of any medical reports, statements, investigative reports, or certifications from licensed professionals necessary to prove that third-party bodily injury or property damage costs are reimbursable pursuant to G.S. 143-215.94A and 143-215.94B.
(b) The terms "third-party," "third-party bodily injury," and "third-party property damage" mean the terms as defined in G.S. 143-215.94A.
(c) Third-party property damage shall be reimbursed from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund based on the rental costs of comparable property during the period of loss of use up to a maximum amount equal to the fair market value. In the case of property that is destroyed as a result of a petroleum release, reimbursement shall be at an amount necessary to replace or repair the destroyed property.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0404 REQUESTS FOR REIMBURSEMENT
(a) An owner, operator, or landowner may make a request for reimbursement only after the Department has determined that they are eligible for reimbursement. The reimbursement request shall include the following information, submitted on templates found on the Department's website at :
(1) notarized certification of the costs;
(2) notarized certification of payment to subcontractors, if applicable;
(3) summary of work performed;
(4) reimbursement payment information;
(5) certification of remediation system installation, if applicable;
(6) itemized breakdown of the requested reimbursement; and
(7) supporting documentation of the itemized costs, such as the following:
(A) subcontractor invoices;
(B) correspondence from regulatory agencies;
(C) invoices;
(D) bills of lading;
(E) per diem receipts;
(F) field logs; and
(G) reports.
(b) Proof of completion of work and payment shall accompany any request for reimbursement, except when reimbursement is made jointly to the owner, operator, or landowner and either a provider of service or a third-party claimant.
(c) A request for reimbursement may be returned or additional information requested by the Department, if it is found to be incomplete.
(d) The Department shall reimburse an eligible owner, operator, or landowner for expenses following completion of any phase of cleanup work in accordance with the schedule allowed by G.S. 143-215.94E(e2).
(e) If any amount approved for reimbursement is less than the amount of reimbursement requested, the Department shall issue a written explanation of why the amount requested was not approved.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94G; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0405 METHOD OF REIMBURSEMENT
(a) Reimbursement for cleanup costs shall be made only to an eligible owner, operator, or landowner of a petroleum underground storage tank, or jointly to an owner, operator, or landowner and a provider of service.
(b) Reimbursement of cleanup costs to the owner, operator, or landowner shall be made only after proof of completion of work and payment for such costs has been received by the Department.
(c) Joint reimbursement of cleanup costs shall be made to an owner, operator, or landowner and a provider of service only upon receipt of a written agreement acknowledged by both parties. Any reimbursement check shall be sent directly to the owner, operator, or landowner.
(d) Payment of third-party claims shall be made to the owner or operator, or jointly to the owner or operator and the third-party claimant.
(e) Any request for reimbursement that has not been returned to the owner, operator, or landowner, or reimbursed to the owner, operator, or landowner within 90 days of submittal of such a request may be considered by the owner, operator, or landowner as having been denied by the Department in accordance with G.S. 143-215.94E(e2).
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0406 APPORTIONMENT
(a) If any of the underground storage tanks at a single facility contributing to a discharge or release which resulted in a single plume of soil, surface water, or groundwater contamination pursuant to G.S. 143-215.94B(b1) are not eligible for reimbursement, reimbursement shall be made at a rate equal to the number of tanks contributing to the discharge or release that are eligible for reimbursement divided by the total number of tanks contributing to the discharge or release.
(b) If multiple underground storage tanks at a single facility are contributing to a single discharge or release which resulted in a single plume of soil, surface water, or groundwater contamination, and the tanks are owned or operated by different persons, reimbursement may be made to any of the owners or operators as if the discharge or release were caused entirely by that person's underground storage tanks.
(c) If above ground and underground storage tanks at a single facility are both contributing to a single discharge or release which resulted in a single plume of soil, surface water, or groundwater contamination, reimbursement shall be apportioned based upon the volume of eligible tanks divided by the total volume of all tanks contributing to the release.
(d) Where multiple discharges or releases at a single facility which resulted in separate plume of soil, surface water, or groundwater contamination pursuant to G.S. 143-215.94B(b1) are addressed in a single cleanup action, expenses shall be reimbursed based on apportionment among the discharges or releases. The method of apportionment shall be as follows:
(1) expenses related to a particular discharge or release shall be applied only to that discharge or release; or
(2) expenses that are related to more than one discharge or release shall be apportioned on a pro rata basis among the discharges or releases.
History Note: Authority G.S. 143-215.3; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282;
Eff. February 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0407 appeal rights
(a) The Director, Underground Storage Tank Section Chief, or Trust Fund Branch Head of the Division of Waste Management shall make the agency decision on a written application for eligibility for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund. The Director, Underground Storage Tank Section Chief, or Trust Fund Branch Head shall make the agency decision on any written claim for reimbursement once an applicant has been granted eligibility.
(b) An owner, operator, or landowner who has not received a written notification of decision of eligibility to or for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund within 90 days of submittal of a written application in accordance with the rules of this Subchapter may elect to consider the application to have been denied and may file an appeal in accordance with G.S. 143-215.94E(e2).
(c) An owner, operator, or landowner who has received a written notification of eligibility to or for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund after submittal of a written application in accordance with the rules of this Subchapter and disagrees with the notification may elect to file an informal appeal supplying additional information. Following review of the additional information, the Director, Underground Storage Tank Section Chief, or Trust Fund Branch Head shall issue a written agency decision. If the written decision by the Director, Underground Storage Tank Section Chief, or Trust Fund Branch Head does not change the original decision of eligibility to or for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, the Department shall notify the owner, operator, or landowner of the right to petition for a contested case in the Office of Administrative Hearings in accordance with G.S. 150B-23.
(d) An owner, operator, or landowner who has received a written notification of eligibility to or for reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund after submittal of a written application in accordance with the rules of this Subchapter and disagrees with the notification may elect to file a petition for a contested case in the Office of Administrative Hearings in accordance with G.S. 150B-23 without providing any additional information.
History Note: Authority G.S. 143-215.3; 143-215.94B; 143-215.94E; 143-215.94L; 143-215.94T; 143B-282; 150B-23;
Eff. February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
15A NCAC 02P .0408 Performance-based Cleanups
History Note: Authority G.S. 143-215.94B(f); 143-215.94D(f); S.L. 2001, c. 442, s. 6b;
Temporary Adoption Eff. July 1, 2002;
Eff. July 1, 2004;
Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.
subchapter 02q - AIR QUALITY PERMITS PROCEDURES
SECTION .0100 - GENERAL PROVISIONS
15A NCAC 02Q .0101 REQUIRED AIR QUALITY PERMITS
(a) No owner or operator shall do any of the following activities, unless otherwise exempted, without first applying for and obtaining an air quality permit:
(1) construct, operate, or modify a source subject to an applicable standard, requirement, or rule that emits any regulated pollutant or one or more of the following:
(A) sulfur dioxide;
(B) total suspended particulates;
(C) particulate matter (PM10);
(D) carbon monoxide;
(E) nitrogen oxides;
(F) volatile organic compounds;
(G) lead and lead compounds;
(H) fluorides;
(I) total reduced sulfur;
(J) reduced sulfur compounds;
(K) hydrogen sulfide;
(L) sulfuric acid mist;
(M) asbestos;
(N) arsenic and arsenic compounds;
(O) beryllium and beryllium compounds;
(P) cadmium and cadmium compounds;
(Q) chromium(VI) and chromium(VI) compounds;
(R) mercury and mercury compounds;
(S) hydrogen chloride;
(T) vinyl chloride;
(U) benzene;
(V) ethylene oxide;
(W) dioxins and furans;
(X) ozone; or
(Y) any toxic air pollutant listed in 15A NCAC 02D .1104; or
(2) construct, operate, or modify a facility that has the potential to emit at least 10 tons per year of any hazardous air pollutant or 25 tons per year of all hazardous air pollutants combined, or that are subject to requirements established under the following sections of the federal Clean Air Act:
(A) Section 112(d), emissions standards;
(B) Section 112(f), standards to protect public health and the environment;
(C) Section 112(g), construction and reconstruction;
(D) Section 112(h), work practice standards and other requirements;
(E) Section 112(i)(5), early reduction;
(F) Section 112(j), federal failure to promulgate standards; or
(G) Section 112(r), accidental releases.
(b) Stationary Source Construction and Operation Permit: With the exception allowed by G.S. 143-215.108A, the owner or operator of a new, modified, or existing facility or source shall not begin construction or operation without first obtaining a construction and operation permit pursuant to 15A NCAC 02Q .0300. Title V facilities shall be subject to the Title V procedures pursuant to 15A NCAC 02Q .0500 including the acid rain procedures pursuant to 15A NCAC 02Q .0400. A facility may also be subject to the air toxic procedures pursuant to 15A NCAC 02Q .0700.
(c) Fees shall be paid in accordance with the requirements of 15A NCAC 02Q .0200.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
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. January 1, 2015; December 1, 2005; July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0102 ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS
(a) For the purposes of this Rule, the definitions listed in 15A NCAC 02D .0101 and 15A NCAC 02Q .0103 shall apply.
(b) This Rule shall not apply to:
(1) facilities whose potential emissions require a permit pursuant to 15A NCAC 02Q .0500 (Title V Procedures); or
(2) a source emitting a pollutant that is part of the facility's 15A NCAC 02D .1100 (Control of Toxic Air Pollutants) modeling demonstration if that source is not exempted pursuant to 15A NCAC 02Q .0702.
(c) The owner or operator of an activity exempt from permitting pursuant to this Rule shall not be exempt from demonstrating compliance with any other applicable State or federal requirement.
(d) Any facility whose actual emissions of particulate matter (PM10), sulfur dioxide, nitrogen oxides, volatile organic compounds, carbon monoxide, hazardous air pollutants, and toxic air pollutants are each less than five tons per year and whose actual total aggregate emissions are less than 10 tons per year shall not be required to obtain a permit pursuant to 15A NCAC 02Q .0300. This Paragraph shall not apply to synthetic minor facilities that are regulated pursuant to 15A NCAC 02Q .0315.
(e) Any facility that is not exempted from permitting pursuant to Paragraph (d) of this Rule and whose actual total aggregate emissions of particulate matter (PM10), sulfur dioxide, nitrogen oxides, volatile organic compounds, carbon monoxide, hazardous air pollutants, and toxic air pollutants are greater than or equal to five tons per year and less than 25 tons per year may register their facility pursuant to 15A NCAC 02D .0202 instead of obtaining a permit pursuant to 15A NCAC 02Q .0300. This Paragraph shall not apply to:
(1) synthetic minor facilities that are regulated pursuant to 15A NCAC 02Q .0315;
(2) facilities with a source subject to maximum achievable control technology pursuant to 40 CFR Part 63;
(3) facilities with sources of volatile organic compounds or nitrogen oxides that are located in a nonattainment area; or
(4) facilities with a source regulated pursuant to New Source Performance Standards (NSPS), unless the source is exempted pursuant to Paragraph (g) or (h) of this Rule.
(f) The Director may require the owner or operator of a facility to register such facility pursuant to 15A NCAC 02D .0200 or obtain a permit pursuant to 15A NCAC 02Q .0300, if necessary to obtain compliance with any other applicable State or federal requirement.
(g) The following activities shall not require a permit or permit modification pursuant to 15A NCAC 02Q .0300:
(1) maintenance, upkeep, and replacement:
(A) maintenance, structural changes, or repair activities that do not increase the capacity of such process and do not cause any change in the quality or nature or an increase in quantity of an emission of any regulated air pollutant;
(B) housekeeping activities or building maintenance procedures, including painting buildings, paving parking lots, resurfacing floors, repairing roofs, washing, using portable vacuum cleaners, sweeping, using and associated storing of janitorial products, or removing insulation;
(C) using office supplies, supplies to maintain copying equipment, or blueprint machines;
(D) using firefighting equipment (excluding engines regulated pursuant to 40 CFR 63, Subpart ZZZZ); or
(E) replacing existing equipment with equipment of the same size (or smaller), type, and function that does not result in an increase to the actual or potential emission of regulated air pollutants, does not affect the facility's compliance with any other applicable State or federal requirements, and that fits the description of the existing equipment in the permit, including the application, such that the replacement equipment can be lawfully operated pursuant to that permit without modifying the permit;
(2) air conditioning or ventilation: comfort air conditioning or comfort ventilating systems that do not transport, remove, or exhaust regulated air pollutants to the atmosphere;
(3) laboratory or classroom activities:
(A) bench-scale, on-site equipment used for experimentation, chemical or physical analysis for quality control purposes or for diagnosis of illness, training, or instructional purposes;
(B) research and development activities that produce no commercial product or feedstock material; or
(C) educational activities, including wood working, welding, and automotive repair;
(4) storage tanks with no applicable requirements other than Stage I controls pursuant to 15A NCAC 02D .0928, Gasoline Service Stations Stage I;
(5) combustion and heat transfer equipment:
(A) heating units used for human comfort, excluding space heaters burning used oil, that have a heat input of less than 10 million Btu per hour and that do not provide heat for any manufacturing or other industrial process;
(B) residential wood stoves, heaters, or fireplaces; or
(C) water heaters that are used for domestic purposes only and are not used to heat process water;
(6) wastewater treatment processes: industrial wastewater treatment processes or municipal wastewater treatment processes for which there are no State or federal air requirements;
(7) dispensing equipment: equipment used solely to dispense gasoline, diesel fuel, kerosene, lubricants, or cooling oils;
(8) electric motor burn-out ovens with secondary combustion chambers or afterburners;
(9) electric motor bake-on ovens;
(10) burn-off ovens with afterburners for paint-line hangers;
(11) hosiery knitting machines and associated lint screens, hosiery dryers and associated lint screens, and hosiery dyeing processes that do not use bleach or solvent dyes;
(12) woodworking operations processing only green wood;
(13) solid waste landfills: This exemption does not apply to flares and other sources of combustion at solid waste landfills. These flares and other combustion sources shall obtain a permit pursuant to 15A NCAC 02Q .0300 unless they qualify for another exemption pursuant to this Paragraph; or
(14) miscellaneous:
(A) equipment that does not emit any regulated air pollutants;
(B) sources for which there are no applicable requirements;
(C) motor vehicles, aircraft, marine vessels, locomotives, tractors, or other self-propelled vehicles with internal combustion engines;
(D) engines regulated pursuant to Title II of the Federal Clean Air Act (Emission Standards for Moving Sources);
(E) equipment used for preparing food for direct on-site human consumption;
(F) a source whose emissions are regulated only pursuant to Section 112(r) or Title VI of the Federal Clean Air Act;
(G) exit gases from in-line process analyzers;
(H) stacks and vents that prevent the escape of sewer gases from domestic waste through plumbing traps;
(I) refrigeration equipment that complies with the regulations set forth in Sections 601 through 618 of Title VI (Stratospheric Ozone Protection) of the Federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by EPA pursuant to Title VI for stratospheric ozone protection, except refrigeration equipment used as or in conjunction with air pollution control equipment. Refrigeration equipment used as or in conjunction with air pollution control equipment shall obtain a permit pursuant to 15A NCAC 02Q .0300 unless it qualifies for another exemption pursuant to this Paragraph;
(J) equipment not vented to the outdoor atmosphere, with the exception of equipment that emits volatile organic compounds. Equipment that emits volatile organic compounds shall obtain a permit pursuant to 15A NCAC 02Q .0300 unless it qualifies for another exemption pursuant to this Paragraph;
(K) animal operations not required to have control technology pursuant to 15A NCAC 02D .1800. If an animal operation is required to have control technology, it shall obtain a permit pursuant to this Subchapter;
(L) any incinerator that meets the requirements set forth in 15A NCAC 02D .1201(c)(4); or
(M) dry cleaning operations, regardless of NSPS or NESHAP applicability.
(h) The following activities shall not require a permit or permit modification pursuant to 15A NCAC 02Q .0300. These activities shall be included in determining applicability of any rule or standard that requires facility-wide aggregation of source emissions, including activities regulated by 15A NCAC 02D .0530, 15A NCAC 02D .0531, 15A NCAC 02Q .0500, and 15A NCAC 02Q .0700:
(1) combustion and heat transfer equipment (including direct-fired equipment that only emit regulated pollutants from fuel combustion):
(A) fuel combustion equipment (excluding internal combustion engines) not regulated pursuant to 40 CFR Part 60, NSPS, firing exclusively unadulterated liquid fossil fuel, wood, or an approved equivalent unadulterated fuel as defined in 15A NCAC 02Q .0103;
(B) fuel combustion equipment (excluding internal combustion engines) firing exclusively natural gas or liquefied petroleum gas or a mixture of these fuels; or
(C) space heaters burning waste oil if:
(i) the heater burns only oil that the owner or operator generates or used oil from do-it-yourself oil changers who generate used oil as household wastes; and
(ii) the heater is designed to have a maximum heat input of not more than 500,000 Btu per hour;
(2) gasoline distribution: bulk gasoline plants, as defined in 15A NCAC 02D .0926(a)(3), with an average daily throughput of less than 4,000 gallons;
(3) paint spray booths or graphic arts operations, coating operations, and solvent cleaning operations, as defined in 15A NCAC 02Q .0803, located at a facility whose facility-wide actual uncontrolled emissions of volatile organic compounds are less than five tons per year, except that such emission sources whose actual uncontrolled emissions of volatile organic compounds are less than 100 pounds per year shall qualify for this exemption regardless of the facility-wide emissions. For the purpose of this exemption, water wash and filters that are an integral part of the paint spray booth shall not be considered air pollution control devices;
(4) electrostatic dry powder coating operations with filters or powder recovery systems;
(5) miscellaneous: any source whose potential uncontrolled emissions of particulate matter (PM10), sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide shall each be no more than five tons per year; or
(6) case-by-case exemption: activities that the applicant demonstrates to the Director do not violate any applicable emission control standard.
(i) Upon request of the Director, the owner or operator of a facility or source claiming that an activity is exempt under Paragraphs (d), (e), (g) or (h) of this Rule shall submit emissions data, documentation of equipment type, or other supporting documents demonstrating the facility or source is qualified for that exemption.
History Note: Authority G.S. 143-215.3(a)(1), (4), (5); 143-215.106; 143-215.107(a)(4); 143-215.107D; 143-215.108;
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, 1997; November 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. June 13, 2016; May 1, 2013; January 1, 2009; July 1, 2007; June 29, 2006; July 18, 2002; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. November 1, 2023.
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 15A NCAC 02Q, 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 that is emitted into or otherwise enters the ambient air. Water vapor shall not be considered an air pollutant.
(3) "Allowable emissions" means the maximum emissions allowed by the applicable rules set forth 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 15A NCAC 02Q .0500;
(b) any standard or other requirement provided for in the implementation plan approved or promulgated by EPA through rulemaking pursuant to 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 issued to a facility pursuant to 15A NCAC 02D .0530, .0531, or .0532;
(d) any standard or other requirement pursuant to Section 111 or 112 of the federal Clean Air Act, but not including the contents of any risk management plan required pursuant to Section 112 of the federal Clean Air Act;
(e) any standard or other requirement pursuant to Title IV of the federal Clean Air Act;
(f) any standard or other requirement governing solid waste incineration pursuant to Section 129 of the federal Clean Air Act;
(g) any standard or other requirement pursuant to Section 183(e), 183(f), or 328 of the federal Clean Air Act;
(h) any standard or requirement pursuant to Title VI of the federal Clean Air Act unless a permit for such requirement is not required pursuant to this Section;
(i) any requirement pursuant to 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 pursuant to Part C of Title I of the federal Clean Air Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the federal Clean Air Act.
(6) "Applicant" means a person who is applying for an air quality permit from the Division.
(7) "Application package" means all elements or documents required 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 shall not be considered 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 pursuant to 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" means enforceable by EPA, Administrator as defined in Item (1) of this Rule, and citizens under the federal Clean Air Act.
(17) "Fuel combustion equipment" means any fuel burning source covered pursuant to 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 pursuant to 15A NCAC 02Q .0503.
(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, pursuant to Section 112(d) of the federal Clean Air Act;
(ii) a MACT standard established pursuant to Section 112(j) of the federal Clean Air Act; or
(iii) substitute MACT or GACT adopted pursuant to Section 112(l) of the federal Clean Air Act;
(b) for modification of a source 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 pursuant to 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 pursuant to 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 been issued 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 shall 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 shall include fugitive emissions as specified in the definition of major source in 40 CFR 70.2. Potential emissions shall not include a facility's secondary emissions such as those from motor vehicles associated with the facility and shall not include emissions from insignificant activities because of category as defined in 15A NCAC 02Q .0503. 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 regulated pursuant to 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 pursuant to 40 CFR 51.100;
(b) any pollutant for which there is an ambient air quality standard pursuant to 40 CFR Part 50;
(c) any pollutant regulated pursuant to 15A NCAC 02D .0524, .1110, or .1111; or 40 CFR Part 60, 61, or 63;
(d) any pollutant subject to a standard promulgated pursuant to Section 112 of the federal Clean Air Act or other requirements established pursuant to Section 112 of the federal Clean Air Act, including Section 112(g) for only 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 pursuant to 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 shall not be 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) "State-enforceable only" means terms and conditions that are not required under the Clean Air Act or under any of its applicable requirements. Terms and conditions designated as State-enforceable only are not subject to the requirements of 40 CFR Part 70.
(34) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants that are listed in 15A NCAC 02D .1104.
(35) "Transportation facility" shall be considered a complex source as defined in G.S. 143-213(22).
(36) "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 pursuant to 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;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15a ncac 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS
(a) A person may obtain application forms for a permit or permit modification from the Division of Air Quality website at . A person may request to receive copies of application forms available on the Division of Air Quality website, and the Director shall provide the requested copies.
(b) An applicant for a permit or permit modification shall submit the application for permit or permit modification as follows:
(1) Provide a hard copy of submittals pursuant to 15A NCAC 02Q .0500 with original signature of the responsible official, as defined in 15A NCAC 02Q .0503, to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641.
(2) Provide a hard copy of submittals pursuant to 15A NCAC 02Q .0300 with original signature of the responsible official, as defined in 15A NCAC 02Q .0303, to the regional office address for the region in which the facility is located in accordance with 15A NCAC 02Q .0105.
(3) After the Division makes available a system for receiving electronic submittals, as identified in Paragraph (c) of this Rule, applicants may submit permit applications in electronic format following the procedures in Paragraph (c) of this Rule in lieu of the procedures in Subparagraphs (1) and (2) of this Paragraph.
(c) Electronic submittals shall meet the following requirements:
(1) The applicant shall provide electronic submittals pursuant to 15A NCAC 02Q .0500 to the Division through a system that has been approved by EPA as compliant with the Cross Media Electronic Reporting Rule (CROMERR) pursuant to 40 CFR Part 3. When the approved electronic reporting system is approved by EPA and available, a link shall be available on the Division of Air Quality permitting website at .
(2) The applicant shall provide electronic submittals pursuant to 15A NCAC 02Q .0300 to the Division through the system identified in Subparagraph (1) of this Paragraph, or as otherwise specified by the Division on its permitting website at .
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
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. January 1, 2015; August 1, 2002; July 1, 1997;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS
(a) Copies of the Code of Federal Regulations (CFR) sections referred to in this Subchapter may be obtained free of charge online at . Copies of the rules are also available for public inspection at Department of Environmental Quality regional offices upon request. The contact information for the regional offices is provided on the Division of Air Quality website at .
(b) Excluding information entitled to confidential treatment pursuant to 15A NCAC 02Q .0107, permit applications and permits may be reviewed electronically through the public access portal on the Division of Air Quality website or at a Department of Environmental Quality regional office, which may be contacted as specified in Paragraph (a) of this Rule.
(c) Paper copies of permit applications and permits may be requested for pickup at a Department of Environmental Quality regional office for ten cents ($0.10) per page.
History Note: Authority G.S. 143-215.3(a)(1); 150B-19(5);
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. December 1, 2005;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0106 INCORPORATION BY REFERENCE
(a) The CFRs referenced in this Subchapter shall be incorporated by reference and shall include subsequent amendments and editions unless a rule specifies otherwise.
(b) The CFR may be obtained free of charge online at .
History Note: Authority G.S. 143-215.3(a)(1); 150B-21.6;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0107 CONFIDENTIAL INFORMATION
(a) All information required to be submitted to the Commission or the Director pursuant to 15A NCAC 02Q or 02D shall be disclosed to the public unless the person submitting the information demonstrates that the information is entitled to confidential treatment pursuant to G.S. 143-215.3C.
(b) A request that information be treated as confidential shall be made by the person submitting the information at the time that the information is submitted. The request shall state in writing the reasons why the information should be treated as confidential.
(c) The Director shall decide which information is entitled to confidential treatment and shall notify the person requesting confidential treatment of his or her decision within 180 days of receipt of a request to treat information as confidential.
(d) Information for which a request has been made pursuant to Paragraph (b) of this Rule shall be treated as confidential until the Director decides that it is not confidential.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3C;
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, 1997;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0108 DELEGATION OF AUTHORITY
The Director may delegate the processing of permit applications and the issuance of permits to the Deputy Director, the regional office air quality supervisor, or any supervisor in the Permitting Section of the Division of Air Quality. This delegation shall not include the authority to deny a permit application or to revoke or suspend a permit.
History Note: Authority G.S. 143-215.3(a)(1),(4);
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. July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02q .0109 COMPLIANCE SCHEDULE FOR PREVIOUSLY EXEMPTED ACTIVITIES
(a) If a source has been exempt from permitting but, because of change in permit exemptions, it is now required to have a permit:
(1) if the source is located at a facility that currently has an air quality permit, the source shall be added to the air quality permit of the facility the next time that permit is revised or renewed, whichever occurs first; or
(2) if the source is located at a facility that currently does not have an air quality permit, the owner or operator of that source shall apply for a permit within six months after the effective date of the change in the permit exemption.
(b) If a source becomes subject to requirements promulgated under 40 CFR Part 63, the owner or operator of the source shall apply for a permit at least 270 days before the final compliance date of the requirement, unless exempted pursuant to 15A NCAC 02Q .0102.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 2001; July 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0110 RETENTION OF PERMIT AT PERMITTED FACILITY
The permittee shall retain a copy of all active permits issued pursuant to this Subchapter at the facility identified in the permit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0111 APPLICABILITY DETERMINATIONS
Any person may submit a request in writing to the Director requesting a determination as to whether a particular source or facility that the person owns or operates or proposes to own or operate is subject to any of the permitting requirements pursuant to this Subchapter. The request shall contain information sufficient to make the requested determination. The Director may request any additional information that is needed to make the determination.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0112 APPLICATIONS REQUIRING PROFESSIONAL ENGINEER SEAL
(a) If required by G.S. 89C, a professional engineer shall seal technical portions of air permit applications for new sources and modifications of existing sources as defined in 15A NCAC 02Q .0103 that involve:
(1) design;
(2) determination of applicability and appropriateness; or
(3) determination and interpretation of performance of air pollution capture and control systems.
(b) The requirements of Paragraph (a) of this Rule shall not apply to the following:
(1) any source with non-optional air pollution control equipment that constitutes an integral part of the process equipment as originally designed and manufactured by the equipment supplier;
(2) sources that are permitted pursuant to 15A NCAC 02Q .0310 or .0509;
(3) paint spray booths without air pollution capture and control systems for volatile organic compound emissions;
(4) particulate emission sources with air flow rates of less than or equal to 10,000 actual cubic feet per minute;
(5) nonmetallic mineral processing plants with wet suppression control systems for particulate emissions; or
(6) permit renewal if no modifications are included in the permit renewal application.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
RRC Objection Eff. November 17, 1994 due to lack of statutory authority;
Eff. February 1, 1995;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0113 NOTIFICATION IN AREAS WITHOUT ZONING
(a) State and local governments shall be exempt from this Rule.
(b) Before a person submits a permit application for a new or expanded facility in an area without zoning, he or she shall:
(1) publish a legal notice in a newspaper of general circulation in the area where the source is or will be located at least two weeks before submitting the permit application for the source. The notice shall identify:
(A) the name of the affected facility;
(B) the name and address of the permit applicant; and
(C) the activity or activities involved in the permit action; and
(2) post a sign on the property where the new or expanded source is or will be located. The sign shall meet the following specifications:
(A) it shall be at least six square feet in area;
(B) it shall be set off the road right-of-way, but no more than 10 feet from the road right-of-way;
(C) the bottom of the sign shall be at least six feet above ground;
(D) it shall contain the name of the affected facility; the name and address of the permit applicant; and the activity or activities involved in the permit action;
(E) lettering shall be a size that the sign can be read by a person with 20/20 vision standing in the center of the road;
(F) the side with the lettering shall face the road, and sign shall be parallel to the road; and
(G) the sign shall be posted at least 10 days before the permit application is submitted and shall remain posted for at least 30 days after the application is submitted.
(c) The permit applicant shall submit with the permit application an affidavit and proof of publication that the legal notice required pursuant to Paragraph (b) of this Rule was published.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. April 1, 2004;
Readopted Eff. April 1, 2018.
SECTION .0200 - PERMIT FEES
15A NCAC 02Q .0201 APPLICABILITY
(a) This Section shall apply to all permitted facilities.
(b) A general facility obtaining a permit pursuant to 15A NCAC 02Q .0509 shall comply with provisions of this Section that are applicable to a Title V facility except that the fees are different as stated in 15A NCAC 02Q .0203.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 143-215.106A; 150B-21.6;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1998; July 1, 1996;
Readopted Eff. April 1, 2018.
15a ncac 02q .0202 DEFINITIONS
For the purposes of this Section, the following definitions apply:
(1) "Actual emissions" means the actual rate of emissions in tons per year of any air pollutant emitted from the facility over the preceding calendar year. Actual emissions shall be calculated using the sources' actual operating hours, production rates, in-place control equipment, and types of materials processed, stored, or combusted during the preceding calendar year. Actual emissions shall include fugitive emissions as specified in the definition of major source in 40 CFR 70.2. For fee applicability and calculation purposes pursuant to 15A NCAC 02Q .0201 or .0203 and emissions reporting purposes pursuant to 15A NCAC 02Q .0207, actual emissions shall not include emissions beyond the normal emissions during violations, malfunctions, start-ups, and shut-downs; 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 pursuant to 15A NCAC 02Q .0503.
(2) "General facility" means a facility obtaining a permit pursuant to 15A NCAC 02Q .0310 or .0509.
(3) "Minor modification" means a modification made pursuant to 15A NCAC 02Q .0515, Minor Permit Modifications.
(4) "Significant modification" means a modification made pursuant to 15A NCAC 02Q .0516, Significant Permit Modification.
(5) "Small facility" means a facility that is not a Title V facility, a synthetic minor facility, a general facility, nor solely a transportation facility.
(6) "Synthetic minor facility" means a facility that would be a Title V facility except that the potential emissions are reduced below the thresholds in Item (7) of this Rule by one or more physical or operational limitations on the capacity of the facility to emit an air pollutant. Such limitations shall be enforceable by EPA and may include air pollution control equipment, restrictions on hours of operation, and the type or amount of material combusted, stored, or processed.
(7) "Title V facility" means a facility that is required to have a permit pursuant to 15A NCAC 02Q .0500 except perchloroethylene dry cleaners whose potential emissions are less than:
(a) 10 tons per year of each hazardous air pollutant;
(b) 25 tons per year of all hazardous air pollutants combined; and
(c) 100 tons per year of each regulated air pollutant.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. April 1, 2004; August 1, 2002; July 1, 2000;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0203 PERMIT AND APPLICATION FEES
(a) The owner or operator of any facility holding a permit shall pay the following annual permit fees:
| |
|ANNUAL PERMIT FEES |
|(FEES FOR CALENDAR YEAR 2021) |
|Facility Category |Tonnage Factor |Basic Permit Fee |Nonattainment Area Added Fee |
| | | | |
|Title V |$40.00 |$8,775 |$4,056 |
|Synthetic Minor | |$1,500 | |
|Small | |$250 | |
|General |50% of the otherwise applicable fee |
|General Title V ACI |10% of the otherwise applicable fee |
A facility, other than a Title V facility, that has been in compliance is eligible for a 25 percent discount from the annual permit fees as described in 15A NCAC 02Q .0205(a). Annual permit fees for Title V facilities in this Paragraph shall be adjusted for inflation as described in 15A NCAC 02Q .0204. Annual permit fees for Title V facilities in this Paragraph are equal to the sum of the basic permit fee, tonnage factor fee, and nonattainment area added fee, as applicable.
(b) In addition to the annual permit fees required by Paragraph (a) of this Rule, the owner or operator of a Title V facility shall pay the following annual complexity fee, as applicable:
(1) for facilities subject to at least three and no greater than six of the federal programs identified in Paragraph (c) of this Rule, the added annual complexity fee shall be two thousand five hundred dollars ($2,500); or
(2) for facilities subject to seven or greater of the federal programs identified in Paragraph (c) of this Rule, the added annual complexity fee shall be seven thousand five hundred dollars ($7,500).
Annual complexity fees for Title V facilities shall be adjusted for inflation as described in 15A NCAC 02Q .0204.
(c) For purposes of Paragraph (b) of this Rule, each of the following shall be considered a federal program for the purposes of determining annual complexity fees:
(1) the PSD program is considered one federal program for any facility that is subject to 15A NCAC 02D .0530;
(2) the Risk Management Program under Section 112r of the Clean Air Act is considered one federal program for any facility that is subject to 15A NCAC 02D .2100;
(3) each Subpart under 40 CFR Part 60, New Source Performance Standards (NSPS) is considered one federal program, with the exception of Subparts A, B, Ba, and C;
(4) each Subpart under 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP) is considered one federal program, with the exception of Subpart A; and
(5) each Subpart under 40 CFR Part 63, NESHAP for Source Categories, is considered one federal program, with the exception of Subparts A, B, C, D, and E.
The sum of all applicable federal programs identified in Subparagraphs (1) through (5) of this Paragraph shall be used to determine the annual complexity fee in accordance with Paragraph (b) of this Rule.
(d) In addition to the annual permit fee and any applicable annual complexity fee, a permit applicant shall pay a non-refundable permit application fee as follows:
| |PERMIT APPLICATION FEES |
| |(FEES FOR CALENDAR YEAR 2021) |
|Facility Category |New or Modification |New |Significant |Minor Modification |Ownership Change |
| | | |Modification | | |
|Title V | |$10,325 |$7,000 |$3,000 |$60 |
|Title V (PSD or NSR/NAA) |$15,631 | | | |$60 |
|Title V (PSD and NSR/NAA) |$30,402 | | | |$60 |
|Synthetic Minor |$400 | | | |$50 |
|Small |$50 | | | |$50 |
|General | |50% of the otherwise applicable fee |$25 |
|General Title V ACI | |10% of the otherwise applicable fee | |
Permit application fees for Title V facilities shall be adjusted for inflation as described in 15A NCAC 02Q .0204.
(e) The current annual permit fees, annual complexity fees, and permit application fees shall be found on the Division's website at .
(f) If a facility, other than a general facility, belongs to more than one facility category, the fees shall be those of the applicable category with the highest fees. If a permit application belongs to more than one type of application, the fee shall be that of the applicable permit application type with the highest fee.
(g) The tonnage factor fee shall be applicable only to Title V facilities. It shall be computed by multiplying the tonnage factor indicated in the table in Paragraph (a) of this Rule by the facility's combined total actual emissions of all regulated air pollutants, rounded to the nearest ton, contained in the latest emissions inventory that has been completed by the Division. The calculation shall not include the amount of actual emissions of each pollutant that exceeds 4,000 tons per year nor the actual emissions of the following pollutants:
(1) carbon monoxide;
(2) any pollutant that is regulated solely because it is a Class I or II substance listed pursuant to Section 602 of the federal Clean Air Act (ozone depletors);
(3) any pollutant that is regulated solely because it is subject to a regulation or standard pursuant to Section 112(r) of the federal Clean Air Act (accidental releases); and
(4) greenhouse gases.
Even though a pollutant may be classified in more than one pollutant category, the amount of pollutant emitted shall be counted only once for tonnage factor fee purposes and in a pollutant category chosen by the permittee. If a facility has more than one permit, the tonnage factor fee for the facility's combined total actual emissions as described in this Paragraph shall be paid only on the permit whose anniversary date first occurs on or after July 1.
(h) The nonattainment area added fee shall be applicable only to Title V facilities required to comply with 15A NCAC 02D .0531, Sources in Nonattainment Areas, 15A NCAC 02D .0900, Volatile Organic Compounds, or 15A NCAC 02D .1400, Nitrogen Oxides, and either:
(1) are in an area designated in 40 CFR 81.334 as nonattainment; or
(2) are covered by a nonattainment or maintenance State Implementation Plan submitted for approval or approved as part of 40 CFR Part 52, Subpart II.
(i) The facility category, Title V (PSD or NSR/NAA), in the permit application fees table in Paragraph (d) of this Rule means a facility whose application shall be subject to review pursuant to 15A NCAC 02D .0530, Prevention of Significant Deterioration, or 15A NCAC 02D .0531.
(j) The facility category, Title V (PSD and NSR/NAA), in the permit application fees table in Paragraph (d) of this Rule means a facility whose application shall be subject to review pursuant to 15A NCAC 02D .0530 and .0531.
(k) Minor modification permit applications that are group processed shall require the payment of only one permit application fee per facility included in the group.
(l) No permit application fee shall be required for renewal of an existing permit, for changes to an unexpired permit when the only reason for the changes is initiated by the Director or the Commission, for a name change with no ownership change, for a change pursuant to 15A NCAC 02Q .0523, Changes Not Requiring Permit Revisions, or for a construction date change, a test date change, a reporting procedure change, or a similar change.
(m) The permit application fee paid for modifications pursuant to 15A NCAC 02Q .0400, Acid Rain Procedures, shall be the fee for the same modification if it were subject to 15A NCAC 02Q .0500, Title V Procedures.
(n) An applicant who files permit applications pursuant to 15A NCAC 02Q .0504 shall pay an application fee equal to the application fee for the permit required pursuant to 15A NCAC 02Q .0500; this fee shall cover both applications, provided that the second application covers only what is covered under the first application. If permit terms or conditions in an existing or future permit issued pursuant to 15A NCAC 02Q .0500 are established or modified by an application for a modification and if these terms or conditions are enforceable by the Division only, then the applicant shall pay the fee under the column entitled "Minor Modification" in the table in Paragraph (d) of this Rule.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d);
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner.
Eff. July 1, 1994;
Amended Eff. January 1, 2015; March 1, 2008; April 1, 2004; April 1, 2001; July 1, 1996;
Readopted Eff. April 1, 2018;
Amended Eff. November 18, 2021.
15A NCAC 02Q .0204 INFLATION ADJUSTMENT
Beginning in 2012, the fees of 15A NCAC 02Q .0203 for Title V facilities shall be adjusted as of January 1st of each year for inflation. The inflation adjustment shall be done by the method described in 40 CFR 70.9(b)(2)(iv). The tonnage factor shall be rounded to a whole cent and the other fees shall be rounded to a whole dollar, except that the ownership change application fee shall be rounded to the nearest ten-dollar ($10.00) increment.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. March 1, 2008; July 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0205 OTHER ADJUSTMENTS
(a) If a facility other than a Title V facility has been in full compliance with all applicable administrative, regulatory, and self-monitoring reporting requirements and permit conditions during the previous calendar year, the annual permit fee shall be 25% less than that listed in 15A NCAC 02Q .0203. A facility shall be considered to have been in compliance during the previous calendar year if it has not been sent any Notices of Non-compliance or Notices of Violation during that calendar year.
(b) If a facility changes so that its facility category changes, the annual fee changes with the next annual fee.
(c) A facility that is moved to a new site may receive credit toward new permit fees for any unused portion of an annual fee if the permit for the old site is relinquished.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0206 PAYMENT OF FEES
(a) Payment of fees required pursuant to 15A NCAC 02Q .0200 may be by check or money order made payable to the N.C. Department of Environmental Quality. Annual permit fee payments shall refer to the permit number.
(b) If, within 30 days after being billed, the permit holder fails to pay an annual fee required pursuant to 15A NCAC 02Q .0200, the Director may initiate action to terminate the permit pursuant to 15A NCAC 02Q .0309 or .0519.
(c) A holder of multiple permits may arrange to consolidate the payment of annual fees into one annual payment.
(d) The payment of the permit application fee required by 15A NCAC 02Q .0200 shall accompany the application and is non-refundable.
(e) The Division shall annually prepare and make publicly available an accounting showing aggregate fee payments collected pursuant to 15A NCAC 02Q .0200 from facilities that have obtained or will obtain permits pursuant to 15A NCAC 02Q .0500 except synthetic minor facilities, as defined in 15A NCAC 02Q .0503, and showing a summary of reasonable direct and indirect expenditures required to develop and administer the Title V permit program.
(f) In lieu of the procedures in Paragraph (a) of this Rule, fees required pursuant to 15A NCAC 02Q .0200 may be paid electronically if an electronic payment option is available for the fee, as provided on the Division of Air Quality Permitting website at .
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d);
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. September 1, 2015;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING
(a) The owner or operator of a Title V facility shall report by June 30th of each year the actual emissions during the previous calendar year of:
(1) volatile organic compounds;
(2) nitrogen oxides;
(3) total suspended particulates;
(4) sulfur dioxide;
(5) fluorine;
(6) hydrogen chloride;
(7) hydrogen fluoride;
(8) hydrogen sulfide;
(9) methyl chloroform;
(10) methylene chloride;
(11) ozone;
(12) chlorine;
(13) hydrazine;
(14) phosphine;
(15) particulate matter (PM10);
(16) carbon monoxide;
(17) lead; and
(18) perchloroethylene.
(b) The accuracy of the report required by Paragraph (a) of this Rule shall be certified by a responsible official of the facility as defined pursuant to 40 CFR 70.2.
(c) The owner or operator of a facility not included in Paragraph (a) of this Rule, other than a transportation facility, that has actual emissions of 25 tons per year or more of nitrogen oxides or volatile organic compounds shall report by June 30th of each year the actual emissions of nitrogen oxides and volatile organic compounds during the previous calendar year, if the facility is in:
(1) the townships of Central Cabarrus, Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount Pleasant, New Gilead, Odell, Poplar Tent, and Rimertown in Cabarrus County;
(2) the townships of Crowders Mountain, Dallas, Gastonia, Riverbend, and South Point in Gaston County
(3) the townships of Davidson and Coddle Creek in Iredell County;
(4) the townships of Catawba Springs, Lincolnton, and Ironton in Lincoln County;
(5) the townships in Mecklenburg County;
(6) the townships of Atwell, China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, Salisbury, Steele, and Unity in Rowan County; or
(7) the townships of Goose Creek, Marshville, Monroe, Sandy Ridge, and Vance in Union County.
(d) The annual reporting requirement pursuant to Paragraph (c) of this Rule shall begin with calendar year 2017 emissions for facilities in the areas identified in Paragraph (c) of this Rule.
(e) The report shall be in or on such form as may be established by the Director. Pursuant to G.S. 143-215.107(a)(4), the Director may require reporting for sources within a facility, for other facilities, or for other pollutants, parameters, or information, by permit condition or pursuant to 15A NCAC 02D .0202 (Registration of Air Pollution Sources).
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 143-215.65; 143-215.107; 143B-282; 150B-21.6;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 2007; July 1, 1998; July 1, 1996;
Readopted Eff. April 1, 2018.
SECTION .0300 - CONSTRUCTION AND OPERATION PERMITS
15A NCAC 02Q .0301 APPLICABILITY
(a) Except for the permit exemptions allowed pursuant to 15A NCAC 02Q .0102 and 15A NCAC 02Q .0900 or as allowed pursuant to G.S. 143-215.108A, the owner or operator of a new, modified, or existing facility or source shall not begin construction or operation without first obtaining a construction and operation permit pursuant to 15A NCAC 02Q .0300; however, Title V facilities shall be subject to the Title V procedures pursuant to 15A NCAC 02Q .0500 including the acid rain procedures pursuant to 15A NCAC 02Q .0400 for Title IV sources.
(b) The owner or operator of a source required to have a permit pursuant to this Section shall also be subject to applicable air toxic permit procedures pursuant to 15A NCAC 02Q .0700.
(c) The owner or operator of a source required to have a permit under this Section shall pay permit fees required pursuant to 15A NCAC 02Q .0200.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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. December 1, 2005; July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0302 FACILITIES NOT LIKELY TO CONTRAVENE DEMONSTRATION
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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. July 1, 1998; July 1, 1996;
Repealed Eff. June 13, 2016.
15A NCAC 02Q .0303 DEFINITIONS
For the purposes of this Section, the following definitions apply:
(1) "Modified facility" means a modification of an existing facility or source and:
(a) the permitted facility or source is being modified in such a manner as to require a new or reissued permit pursuant to this Section; or
(b) a new source is being added in such a manner as to require a new or reissued permit pursuant to this Section.
A modified facility does not include a facility or source that requests to change name or ownership, construction or test dates, or reporting procedures.
(2) "New facility" means a facility that is receiving a permit from the Division for construction and operation of an emission source that it is not currently permitted.
(3) "Plans and Specifications" means the completed application and any other documents required to define the operating conditions of the air pollution source.
(4) "Responsible official" means one of the following:
(a) for a corporation: a president, secretary, treasurer, or vice-president of the corporation who is in charge of a principal business function; any other person who performs similar policy or decision-making functions for the corporation; or a duly-authorized representative of such a person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either;
(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or
(ii) the delegation of authority to such representatives is approved in advance by the permitting authority;
(b) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; or
(c) for a municipality, State, federal, or other public agency: either a principal executive officer or ranking elected official. A principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA).
(5) "Title IV source" means a source that is required to be permitted pursuant to 15A NCAC 02Q .0400.
(6) "Title V source" means a source that is required to be permitted pursuant to 15A NCAC 02Q .0500.
History Note: Authority G.S. 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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0304 APPLICATIONS
(a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained and shall be filed according to 15A NCAC 02Q .0104.
(b) Information to accompany application. Along with filing a complete application form, the applicant shall also file the following:
(1) for a new facility or an expansion of existing facility, a zoning consistency determination according to G.S. 143-215.108(f) that:
(A) bears the date of receipt entered by the clerk of the local government; or
(B) consists of a letter from the local government indicating that zoning or subdivision ordinances are met by the facility;
(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113;
(3) for permit renewal, an emissions inventory that contains the information specified pursuant to 15A NCAC 02D .0202 using emission inventory forms or electronic data systems provided by the Division; and
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if this information is necessary to evaluate the source, its air pollution abatement equipment, or the facility:
(A) the applicant is financially qualified to carry out the permitted activities; or
(B) the applicant has substantially complied with the air quality and emissions standards applicable to any activity in which the applicant has previously been engaged, and has been in substantial compliance with federal and State environmental laws and rules.
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531, applicants shall file air permit applications no less than 180 days before the projected construction date. For other sources, applicants shall file air permit applications no less than 90 days before the projected date of construction of a new source or modification of an existing source.
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the originally permitted source, application for permit change may be made by application to the Director as specified in 15A NCAC 02Q .0104. The permit renewal, name, or ownership change application shall state that there have been no changes in the permitted facility since the permit was last issued.
To make a name or ownership change, the applicant shall send the Director the content specified in 15A NCAC 02Q .0305(3) or (4) signed by the responsible official as defined in 15A NCAC 02Q .0303.
(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting procedures may be made by letter to the Director as specified in 15A NCAC 02Q .0104. To make changes in construction or test dates or reporting procedures, the applicant shall send the Director the letter specified in 15A NCAC 02Q .0305(5) signed by the responsible official as defined in 15A NCAC 02Q .0303.
(f) When to file applications for permit renewal. Applicants shall file applications for renewals as specified in 15A NCAC 02Q .0104 no less than 90 days before expiration of the permit. If a hard copy of the application is mailed to the Director, the application shall be postmarked no later than 90 days before expiration of the permit.
(g) Name or ownership change. The permittee shall file requests for permit name or ownership changes when the permittee is aware of the name or ownership change.
(h) Requesting additional information. Whenever the information provided on the permit application forms does not adequately describe the source or its air cleaning device, the Director may request that the applicant provide other information to evaluate the source or its air cleaning device. Before acting on a permit application, the Director may request information from an applicant and conduct an inquiry or investigation to determine compliance with standards.
(i) Application fee. With the exceptions specified in 15A NCAC 02Q .0203(i), a non-refundable permit application processing fee shall accompany the application. The permit application processing fees are listed in 15A NCAC 02Q .0200. A permit application shall be incomplete until the permit application processing fee is received.
(j) Correcting submittals of incorrect information. An applicant shall have a continuing obligation to submit relevant facts pertaining to his or her permit application and to correct incorrect information in his or her permit application.
(k) Retaining copy of permit application package. The applicant shall retain during the permit term one complete copy of the application package and the information submitted in support of the application package.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT
If an applicant does not submit the following information with the application package, the application package shall be considered incomplete for processing:
(1) for new facilities and modified facilities:
(a) an application fee required pursuant to 15A NCAC 02Q .0200;
(b) a zoning consistency determination required pursuant to15A NCAC 02Q .0304(b)(1);
(c) the documentation required pursuant to 15A NCAC 02Q .0304(b)(2) if required;
(d) a financial qualification or substantial compliance statement pursuant to 15A NCAC 02Q .0507(d)(3), if required; and
(e) applications required pursuant to 15A NCAC 02Q .0304(a) and signed by the responsible official;
(2) for renewals: the application required pursuant to 15A NCAC 02Q .0304(a) and (d), signed by the responsible official, and an emissions inventory that contains the information specified pursuant to 15A NCAC 02D .0202, Registration of Air Pollution Sources;
(3) for a name change: a letter signed by the responsible official indicating the current facility name, the date on which the name change will occur, and the new facility name;
(4) for an ownership change: an application fee required pursuant to 15A NCAC 02Q .0200 and:
(a) a letter signed by the seller and the buyer, indicating the change;
(b) a letter bearing the signature of both the seller and buyer, containing a written agreement with a specific date for the transfer of permit responsibility, coverage, and liability between the current and new permittee; or
(c) submit the form provided by the Division pursuant to 15A NCAC 02Q .0104; and
(5) for corrections of typographical errors; changes in name, address, or telephone number of the individual identified in the permit; changes in test dates or construction dates; or similar minor changes: a letter signed by the responsible official describing the proposed change and explaining the need for the proposed change.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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. December 1, 2005; April 1, 2004;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0306 PERMITS REQUIRING PUBLIC PARTICIPATION
(a) The Director shall provide public notice for comments with an opportunity for the public to request a public hearing on draft permits for the following:
(1) any source that may be designated by the Director based on public interest relevant to air quality;
(2) a source to which 15A NCAC 02D .0530 or .0531 applies;
(3) a source whose emission limitation is based on a good engineering practice stack height that exceeds the height defined in 15A NCAC 02D .0533(a)(4)(A), (B), or (C);
(4) a source required to have controls more stringent than the applicable emission standards in 15A NCAC 02D .0500 according to 15A NCAC 02D .0501 when necessary to comply with an ambient air quality standard pursuant to 15A NCAC 02D .0400;
(5) alternative controls different than the applicable emission standards in 15A NCAC 02D .0900 pursuant to 15A NCAC 02D .0952;
(6) a limitation on the quantity of solvent-borne ink that may be used by a printing unit or printing system pursuant to 15A NCAC 02D .0961 and .0965;
(7) an allowance of a particulate emission rate of 0.08 grains per dry standard cubic foot for an incinerator constructed before July 1, 1987, in accordance with 15A NCAC 02D .1208(b)(2)(B);
(8) an alternative mix of controls pursuant to 15A NCAC 02D .0501(f);
(9) a source that is subject to the requirements of 15A NCAC 02D .1109 or .1112;
(10) a source seeking exemption from the 20-percent opacity standard pursuant to 15A NCAC 02D .0521(f);
(11) a source using an alternative monitoring procedure or methodology pursuant to 15A NCAC 02D .0606(g) or .0608(g); or
(12) when the owner or operator requests that the draft permit go to public notice with an opportunity to request a public hearing.
(b) If EPA requires the State to submit a permit as part of the North Carolina State Implementation Plan for Air Quality (SIP) and if the Commission approves a permit containing any of the conditions described in Paragraph (a) of this Rule as a part of the SIP, the Director shall submit the permit to the EPA on behalf of the Commission for inclusion as part of the federally-approved SIP.
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.108; 143-215.114A; 143-215.114B; 143-215.114C;
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. September 1, 2010; January 1, 2007; August 1, 2004; July 1, 2000; July 1, 1999; July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES
(a) This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51, the procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be followed, respectively.
(b) Public notice shall be given by publication in a newspaper of general circulation in the area where the facility is located and shall be provided to persons who are on the Division's notification list for air quality permit notices and to the EPA.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom to send comments and requests for public hearing;
(4) the name, address, and telephone number of a Divisional staff person from whom interested persons may obtain additional information, including copies of the draft permit, the application, compliance plan, monitoring and compliance reports, other relevant supporting materials, and other materials available to the Division that are relevant to the permit decision;
(5) the activity or activities involved in the permit action;
(6) the emissions change involved in a permit modification;
(7) a brief description of the public comment procedures;
(8) the procedures to follow to request a public hearing unless a public hearing has already been scheduled; and
(9) the time and place of the hearing that has already been scheduled.
(d) The notice shall allow not less than 30 days for public and EPA comments.
(e) If the Director determines that significant public interest exists or that the public interest will be served, the Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given not less than 30 days before the public hearing.
(f) The Director shall make available for public inspection in the region affected the information submitted by the permit applicant and the Division's analysis of that application.
(g) The Director shall send EPA a copy of the draft permit subject to public and EPA comment when sending EPA the notice of request for public comment for that permit and shall send EPA a copy of the permit when it is issued.
(h) Confidential material shall be handled in accordance with 15A NCAC 02Q .0107.
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108;
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. July 1, 1998;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023.
15A NCAC 02Q .0308 FINAL ACTION ON PERMIT APPLICATIONS
(a) The Director may:
(1) issue a permit, permit modification, or a renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B;
(2) rescind a permit upon request by the permittee; or
(3) deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B.
(b) Any person whose application for a permit, permit modification, renewal, change in name or ownership, construction or test date, or reporting procedure is denied, or is granted subject to conditions that are unacceptable, shall have the right to appeal the Director's decision under Article 3 of G.S. 150B. Pursuant to G.S. 143-215.108(e), the person shall have 30 days following receipt of the notice of the Director's decision on the application or permit in which to appeal the Director's decision. The permit shall become final if the applicant does not contest the permit within this 30-day period.
(c) The Director shall issue or renew a permit for a term of eight years.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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. January 1, 2015;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0309 TERMINATION, MODIFICATION AND REVOCATION OF PERMITS
(a) The Director may terminate, modify, or revoke and reissue any permit issued pursuant to this Section if:
(1) the information contained in the application or presented in support thereof is determined to be incorrect;
(2) the conditions under which the permit or permit renewal was granted have changed;
(3) violations of conditions contained in the permit have occurred;
(4) the permit holder fails to pay the fee required pursuant to 15A NCAC 02Q .0200 within 30 days after being billed;
(5) the permittee refuses to allow the Director or their authorized representative upon presentation of credentials:
(A) to enter the permittee's premises in which a source of emissions is located or in which any records are required to be kept pursuant to the terms and conditions of the permit;
(B) to have access to any copy or records required to be kept pursuant to the terms and conditions of the permit;
(C) to inspect any source of emissions, control equipment, and any monitoring equipment or method required in the permit; or
(D) to sample any emission source at the facility; or
(6) the Director finds that termination, modification, or revocation and reissuance of a permit is necessary to carry out the purpose of G.S. 143, Article 21B.
(b) The permittee shall furnish information that the Director may request in writing to determine whether cause exists for terminating, modifying, or revoking and reissuing the permit or to determine compliance with the permit.
(c) Operating a facility or source after its permit has been terminated is a violation of this Section and G.S. 143-215.108.
(d) The permittee may request modifications to his permit.
(e) The filing of a request by a permittee for a permit termination, modification, revocation and reissuance, notification of planned changes, or anticipated noncompliance shall not stay any permit term or condition.
(f) If a permit is modified, the proceedings shall affect only those parts of the permit that are being modified.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b); 143-215.108; 143-215.114A; 143-215.114B; 143-215.114C;
Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1999;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0310 PERMITTING OF NUMEROUS SIMILAR FACILITIES
(a) The Director shall not issue a single permit for more than one facility pursuant to this Rule unless:
(1) there is no difference between the facilities that would require special permit conditions for any individual facility; and
(2) no unique analysis is required for any facility covered by the permit.
(b) A permit issued pursuant to this Rule shall identify criteria by which facilities or sources qualify for the permit. The Director shall grant the terms and conditions of the permit to facilities or sources that qualify.
(c) The facility or source shall be subject to enforcement action for operating without a permit if the facility or source is later determined not to qualify for the the permit issued pursuant to this Rule.
(d) The owner or operator of a facility or source that qualifies for a permit issued pursuant to this Rule shall apply for coverage by the terms of the permit issued pursuant to this Rule or shall apply for a standard permit for each facility or source pursuant to this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0311 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES
The Director shall not issue a single permit authorizing emissions from a facility or source at multiple temporary sites unless the permit includes:
(1) the identification of each site;
(2) the conditions that will assure compliance with all applicable requirements at all approved sites;
(3) a requirement that the permittee notify the Division at least 10 days in advance of each change of site; and
(4) the conditions that assure compliance with all other provisions of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
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. July 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0312 APPLICATION PROCESSING SCHEDULE
(a) The Division shall adhere to the following schedule for processing applications for permits, permit modifications, and permit renewals:
(1) for permit applications, except for prevention of significant deterioration pursuant to 15A NCAC 02D .0530 and case-by-case maximum achievable control technology pursuant to 15A NCAC 02D .1109 or .1112:
(A) The Division shall send written acknowledgment of receipt of the permit application to the applicant within 10 days of receipt of the application.
(B) The Division shall review all permit applications within 45 days of receipt of the application to determine whether the application is complete or incomplete for processing purposes. The Division shall notify the applicant in writing that:
(i) the application as submitted is complete and specifying the completeness date,
(ii) the application is incomplete, requesting additional information and specifying the deadline date by which the requested information is to be received by the Division, or
(iii) the application is incomplete and requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant in writing within 45 days of receipt of the application that the application is incomplete, the application shall be deemed complete. A completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant has not provided the requested additional information by the date specified in a written request for additional information, the Director shall cease processing the application until additional information is provided. The applicant may request a time extension for submittal of the requested additional information.
(C) The Division shall determine within 45 days of receipt of a complete application if any additional information is needed to conduct the technical review of the application. A technical completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. The Division shall complete the technical review within 90 days of receipt of a complete application or 10 days after receipt of requested additional information, whichever is later.
(D) If the draft permit is not required to go to public notice or to public hearing, the Director shall issue or deny the permit within 90 days of receipt of a complete application or 10 days after receipt of requested additional information, whichever is later.
(E) If the draft permit is required to go to public notice with a request for opportunity for public hearing pursuant to 15A NCAC 02Q .0306(a), the Director shall:
(i) send the draft permit to public notice within 90 days after receipt of a complete application; and
(ii) complete the review of the record and take final action on the permit within 30 days after the close of the public comment period.
(F) If the draft permit is required to go to public hearing as a result of a request for public hearing pursuant to 15A NCAC 02Q .0307(e), the Director shall:
(i) send the draft permit to public hearing within 45 days after approving the request for the public hearing; and
(ii) complete the review of the record and take final action on the permit within 30 days after the close of the public hearing.
(2) for permit applications for prevention of significant deterioration pursuant to 15A NCAC 02D .0530, the processing schedules are set out in that Rule.
(3) for permit applications for case-by-case maximum achievable control technology pursuant to 15A NCAC 02D .1109 or .1112:
(A) The Division shall send written acknowledgment of receipt of the permit application to the applicant within 10 days of receipt of the application.
(B) The Division shall review all permit applications within 45 days of receipt of the application to determine whether the application is complete or incomplete for processing purposes. The Division shall notify the applicant in writing that:
(i) the application as submitted is complete and specifying the completeness date;
(ii) the application is incomplete, requesting additional information and specifying the deadline date by which the requested information is to be received by the Division; or
(iii) the application is incomplete and requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant in writing within 45 days of receipt of the application that the application is incomplete, the application shall be deemed complete. A completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant has not provided the requested additional information by the date specified in the letter requesting additional information, the Director shall cease processing the application until additional information is provided. The applicant may request a time extension for submittal of the requested additional information.
(C) The Division shall determine within 60 days of receipt of a complete application if any additional information is needed to conduct the technical review of the application. A technical completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. The Division shall complete the technical review within 120 days of receipt of a complete application or 10 days after receipt of requested additional information, whichever is later.
(D) The Director shall:
(i) send the draft permit to public notice within 120 days after receipt of a complete application or 10 days after receipt of requested additional information, whichever is later; and
(ii) complete the review of the record and take final action on the permit within 30 days after the close of the public comment period.
(E) If the draft permit is required to go to public hearing as a result of a request for public hearing pursuant to 15A NCAC 02Q .0307(e), the Director shall:
(i) send the draft permit to public hearing within 45 days after approving the request for the public hearing; and
(ii) complete the review of the record and take final action on the permit within 30 days after the close of the public hearing.
(b) The days that fall between sending out a written notification requesting additional information and receiving that additional information shall not be counted in the schedules pursuant to Paragraph (a) of this Rule.
(c) The Director shall cease processing an application that contains insufficient information to complete the review.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. February 1, 1995;
Amended Eff. July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0313 EXPEDITED APPLICATION PROCESSING SCHEDULE
(a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit.
(b) An applicant may file an application to follow the expedited review for application certified by a professional engineer as set out in G.S. 143-215.108(h) if:
(1) the applicant specifically requests that the permit application be processed pursuant to the procedures in G.S. 143-215.108(h); and
(2) the applicant submits:
(A) applications as required pursuant to 15A NCAC 02Q .0304 and .0305;
(B) a completeness checklist showing that the permit application is complete;
(C) a draft permit;
(D) all required dispersion modeling;
(E) a certification signed by a professional engineer registered in North Carolina certifying the accuracy and completeness of draft permit and the application, including emissions estimates, applicable standards and requirements, and process specifications;
(F) a zoning consistency determination as required pursuant to 15A NCAC 02Q .0304(b)(1);
(G) a written description of current and projected plans to reduce the emissions of air contaminants as required pursuant to 15A NCAC 02Q .0304(b)(2);
(H) a financial qualification if required;
(I) substantial compliance statement if required; and
(J) the application fee as required pursuant to 15A NCAC 02Q .0200.
(c) The applicant shall use the official application forms provided by the Division or a facsimile thereof.
(d) The Division shall provide the applicant a checklist of all items of information required to prepare a complete permit application. This checklist shall be used by the Division to determine if the application is complete.
(e) The Division shall provide the applicant a list of permit conditions and terms to include in the draft permit.
(f) Before filing a permit application that includes dispersion modeling analysis submitted in support of the application, the applicant shall submit a modeling protocol and receive approval for the dispersion modeling protocol.
(g) The Division shall follow the procedures set out in G.S. 143-215.108(h) when processing applications filed in accordance with this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0314 GENERAL REQUIREMENTS for all Permits
(a) All emissions limitations, controls, and other requirements imposed by a permit issued pursuant to this Section shall be at least as stringent as any other applicable requirement as defined pursuant to 15A NCAC 02Q .0103. The permit shall not waive or make less stringent any limitation or requirement contained in any applicable requirement.
(b) Emissions limitations, controls, and requirements contained in permits issued pursuant to this Section shall be permanent, quantifiable, and otherwise enforceable as a practical matter pursuant to G.S. 143-215.114A, 143-215.114B, and 143-215.114C.
(c) The owner or operator of a source permitted under this Section shall comply with the permit. Failure of the owner or operator of a permitted source to comply with the terms and conditions of the permit shall be grounds for:
(1) enforcement action;
(2) permit termination, revocation and reissuance, or modification; or
(3) denial of permit renewal applications.
(d) A permit shall not convey any property rights of any sort, or any exclusive privileges.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. July 1, 1999;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0315 SYNTHETIC MINOR FACILITIES
(a) A synthetic minor facility means a facility whose permit contains terms and conditions to avoid the procedures of 15A NCAC 02Q .0500, Title V Procedures.
(b) The owner or operator of a facility to which 15A NCAC 02Q .0500 applies may request to have terms and conditions placed in the facility's permit to restrict operations, limiting the potential to emit of the facility and making the requirements of 15A NCAC 02Q .0500 inapplicable to the facility. An application for the addition of such terms and conditions shall be processed pursuant to this Section.
(c) A modification to a permit to remove terms and conditions in the permit that made 15A NCAC 02Q .0500 inapplicable shall be processed pursuant to this Section or 15A NCAC 02Q .0500. The applicant shall choose which of these procedures to follow. However, if the terms and conditions are removed following the procedures of this Section, the permittee shall submit a permit application pursuant to the procedures of 15A NCAC 02Q .0500 within one year after the limiting terms and conditions are removed.
(d) After a facility is issued a permit that contains terms and conditions that made 15A NCAC 02Q .0500 inapplicable, the facility shall comply with the permitting requirements of this Section.
(e) The Director may require monitoring, recordkeeping, and reporting necessary to assure compliance with the terms and conditions placed in a permit issued pursuant to this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108;
Eff. July 1, 1999;
Readopted Eff. April 1, 2018.
15A ncac 02q .0316 ADMINISTRATIVE PERMIT AMENDMENTS
(a) An "administrative permit amendment" means a permit revision that:
(1) corrects typographical errors;
(2) identifies a change in the name, address, or telephone number of any individual identified in the permit or provides a similar minor administrative change at the facility;
(3) requires more frequent monitoring or reporting by the permittee;
(4) changes test dates or construction dates, provided that no applicable requirements are violated by the change in test dates or construction dates; or
(5) changes the permit number without changing any portion of the permit that would not otherwise qualify as an administrative amendment.
(b) In making administrative permit amendments, the Director:
(1) shall take final action on a request for an administrative permit amendment within 60 days after receiving such a request; and
(2) shall make administrative amendments using the criteria in Paragraph (a) without providing notice to the public.
(c) The permittee may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. April 1, 2001;
Readopted Eff. April 1, 2018.
15a ncac 02q .0317 AVOIDANCE CONDITIONS
(a) The owner or operator of a facility may request that terms and conditions be placed in that facility's permit to avoid the applicability of:
(1) 15A NCAC 02D .0530, Prevention of Significant Deterioration;
(2) 15A NCAC 02D .0531, Sources in Nonattainment Areas;
(3) 15A NCAC 02D .0900, Volatile Organic Compounds;
(4) 15A NCAC 02D .1109, 112(j) Case-by-Case Maximum Achievable Control Technology;
(5) 15A NCAC 02D .1111, Maximum Achievable Control Technology;
(6) 15A NCAC 02D .1112, 112(g) Case-by-Case Maximum Achievable Control Technology;
(7) 15A NCAC 02D .1400, Nitrogen Oxides; or
(8) other rules of 15A NCAC 02D, Air Pollution Control Requirements or Title 40 of the Code of Federal Regulations that contain applicability thresholds.
(b) The Director may require the monitoring, recordkeeping, and reporting necessary to assure compliance with the terms and conditions placed in the permit that includes an avoidance condition pursuant to this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.108;
Eff. April 1, 2001;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0318 Changes Not Requiring Permit Revisions
(a) This Rule applies to sources that are not exempt pursuant to 15A NCAC 02Q .0102 and to facilities that have been issued an air quality permit pursuant to this Section.
(b) An owner or operator of a facility may make changes to that facility without first modifying an applicable air permit if:
(1) the change does not violate any existing requirements or add new applicable requirements;
(2) the change does not cause emissions allowed under the current permit to be exceeded;
(3) the change does not require a modification of a permit term or condition pursuant to Rule .0315 or avoidance condition pursuant to Rule .0317 of this Section;
(4) the change does not require a permit pursuant to 15A NCAC 02Q .0700, Toxic Air Pollutant Procedures;
(5) the change does not require a professional engineer's seal pursuant to Rule 15A NCAC 02Q .0112; and
(6) the owner or operator notifies the Director in writing, using forms provided by the Division, seven calendar days before the change is made. Within 10 business days of receipt of the notice, the Division shall notify the owner or operator of its determination that the change meets the requirements of Subparagraphs (b)(1) through (b)(5) of this Rule.
(c) The written notification from the owner or operator required pursuant to Subparagraph (b)(6) of this Rule shall include:
(1) a description of the change;
(2) the date on which the change will occur;
(3) any change in emissions; and
(4) all permit terms or conditions of the current permit that may be affected by this change.
(d) A copy of the notification from the owner or operator required pursuant to Subparagraph (b)(6) of this Rule shall be attached to the current permit until the permit is revised at the next modification, name change, ownership change, or renewal.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. June 13, 2016;
Amended Eff. April 1, 2018.
section .0400 – acid rain procedures
15A NCAC 02Q .0401 PURPOSE AND APPLICABILITY
(a) The purpose of this Rule is to implement Phase II of the federal acid rain program pursuant to the requirements of Title IV of the Clean Air Act as provided in 40 CFR Parts 72 and 76.
(b) This Section shall apply to the sources described in 40 CFR 72.6 with such exceptions as allowed pursuant to 40 CFR 72.6.
(c) A certifying official of any unit may petition the Administrator for a determination of applicability under 40 CFR 72.6(c). The Administrator's determination of applicability shall be binding upon the Division, except as allowed under 40 CFR 72.6(c).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(8); 143-215.108;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 2001; April 1, 1999; April 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0402 ACID RAIN PERMITTING PROCEDURES
(a) For the purpose of this Rule the definitions contained in 40 CFR 72.2 and 76.2 and the measurements, abbreviations, and acronyms contained in 40 CFR 72.3 shall apply.
(b) Affected units as defined in 40 CFR 72.6, 76.1, or 15A NCAC 02Q .0402(b) shall comply with the permit, monitoring, sulfur dioxide, nitrogen oxides, excess emissions, recordkeeping and reporting, liability, and any other provisions as required in 40 CFR Part 72 and 76. The term "permitting authority" shall mean the Department of Environmental Quality and the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency.
(c) If the provisions or requirements of 40 CFR Part 72 or 76 conflict with or are not included in 15A NCAC 02Q .0500, then Part 72 or 76 provisions and requirements shall apply and take precedence.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(8); 143-215.108;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 1999; April 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0403 NEW UNITS EXEMPTION
15A NCAC 02Q .0404 RETIRED UNITS EXEMPTION
15A NCAC 02Q .0405 REQUIREMENT TO APPLY
15A NCAC 02Q .0406 REQUIREMENTS FOR PERMIT APPLICATIONS
15A NCAC 02Q .0407 PERMIT APPLICATION SHIELD AND BINDING EFFECT OF PERMIT APPLICATION
15A NCAC 02Q .0408 COMPLIANCE PLANS
15A NCAC 02Q .0409 PHASE II REPOWERING EXTENSIONS
15A NCAC 02Q .0410 PERMIT CONTENTS
15A NCAC 02Q .0411 STANDARD REQUIREMENTS
15A NCAC 02Q .0412 PERMIT SHIELD
15A NCAC 02Q .0413 PERMIT REVISIONS GENERALLY
15A NCAC 02Q .0414 PERMIT MODIFICATIONS
15A NCAC 02Q .0415 FAST-TRACK MODIFICATIONS
15A NCAC 02Q .0416 ADMINISTRATIVE PERMIT AMENDMENT
15A NCAC 02Q .0417 AUTOMATIC PERMIT AMENDMENT
15A NCAC 02Q .0418 PERMIT REOPENINGS
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(8); 143-215.108;
Eff. July 1, 1994;
Repealed Eff. April 1, 1996.
SECTION .0500 - TITLE V PROCEDURES
15A NCAC 02Q .0501 PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT
(a) The purpose of this Section is to establish an air quality permitting program as required pursuant to Title V of the Clean Air Act and 40 CFR Part 70.
(b) With the exception in Paragraph (c) of this Rule, the owner or operator of an existing facility, new facility, or modification of an existing facility (except for minor modifications pursuant to 15A NCAC 02Q .0515), including significant modifications that would not contravene or conflict with a condition in the existing permit, shall not begin construction without first obtaining:
(1) a construction and operation permit following the procedures set forth in this Section (except for 15A NCAC 02Q .0504), or
(2) a construction and operation permit following the procedures set forth in 15A NCAC 02Q .0504 and filing a complete application within 12 months after commencing operation to modify the construction and operation permit to meet the requirements of this Section.
(c) If the owner or operator proposes to make a significant modification pursuant to 15A NCAC 02Q .0516 that would contravene or conflict with a condition in the existing permit, the owner or operator shall not begin construction or make the modification until the owner or operator has obtained:
(1) a construction and operation permit following the procedures set forth in this Section (except for 15A NCAC 02Q .0504); or
(2) a construction and operation permit following the procedures set forth in 15A NCAC 02Q .0504 and, before beginning operation, files an application and obtains a permit modifying the construction and operation permit to meet the requirements of this Section (except for 15A NCAC 02Q .0504).
(d) All facilities subject to this Section shall have a permit to operate that assures compliance with 40 CFR Part 70 and all applicable federal and State requirements.
(e) Except as allowed pursuant to 15A NCAC 02Q .0515(f) (minor modifications), no facility subject to the requirements of this Section may operate after the time that it is required to submit a timely and complete application pursuant to this Section except in compliance with a permit issued pursuant to this Section. This Paragraph does not apply to to permit renewals pursuant to 15A NCAC 02Q .0513.
(f) If the conditions of 15A NCAC 02Q .0512(b) (application shield) are met, the facility's failure to have a permit pursuant to this Section shall not be a violation of operating without a permit.
(g) If the owner or operator of a facility subject to the requirements of this Section submits an application for a revision to his permit before receiving the initial permit pursuant to this Section, the application for the revision shall be processed pursuant to 15A NCAC 02Q .0300.
(h) The owner or operator of a facility or source subject to the requirements of this Section may also be subject to the toxic air pollutant procedures set forth in 15A NCAC 2Q .0700.
(i) The owner or operator of an affected unit subject to the acid rain program requirements of Title IV is also subject to the procedures pursuant to 15A NCAC 02Q .0400.
(j) The owner or operator of a facility subject to the requirements of this Section shall pay permit fees in accordance with the requirements of 15A NCAC 02Q .0200.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1998; July 1, 1996;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0502 APPLICABILITY
(a) Except as provided in Paragraph (b) or (c) of this Rule, the following facilities are required to obtain a permit pursuant to this Section:
(1) major facilities;
(2) facilities with a source subject to 15A NCAC 02D .0524 or 40 CFR Part 60, except new residential wood heaters;
(3) facilities with a source subject to 15A NCAC 02D .1110 or 40 CFR Part 61, except asbestos demolition and renovation activities;
(4) facilities with a source subject to 15A NCAC 02D .1111 or 40 CFR Part 63 or any other standard or other requirement set forth in Section 112 of the federal Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to rules or requirements set forth in Section 112(r) of the federal Clean Air Act;
(5) facilities to which 15A NCAC 02D .0517(2), .0528, .0529, .0534, or .1700 applies;
(6) facilities with a source subject to Title IV or 40 CFR Part 72; or
(7) facilities in a source category designated by EPA as subject to the requirements of 40 CFR Part 70.
(b) This Section does not apply to minor facilities with sources subject to requirements of 15A NCAC 2D .0524, .1110, or .1111 or 40 CFR Part 60, 61, or 63 unless these facilities are required to have a permit pursuant to 40 CFR Part 70.
(c) A facility shall not be required to obtain a permit pursuant to this Section solely on the basis of its greenhouse gas emissions.
(d) If a facility is subject to this Section because of emissions of one pollutant, the owner or operator of that facility shall submit an application that includes all sources of all regulated air pollutants located at the facility except for insignificant activities because of category as defined in 15A NCAC 02Q .0503(7).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Temporary Amendment Eff. December 2, 2014;
Amended Eff. September 1, 2015;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0503 DEFINITIONS
For the purposes of this Section, the definitions in G.S. 143-212, G.S. 143-213, 15A NCAC 02Q .0103, and the following definitions apply:
(1) "Affected States" means all states or local air pollution control agencies whose areas of jurisdiction are:
(a) contiguous to North Carolina and located less than D=Q/12.5 from the facility, where:
(i) Q = emissions of the pollutant emitted at the highest permitted rate in tons per year, and
(ii) D = distance from the facility to the contiguous state or local air pollution control agency in miles unless the applicant can demonstrate that the ambient impact in the contiguous states or local air pollution control agencies is less than the incremental ambient levels in 15A NCAC 02D .0532(c)(5); or
(b) within 50 miles of the permitted facility.
(2) "Complete application" means an application that provides all information described in 40 CFR 70.5(c) and such other information that is necessary to determine compliance with all applicable federal and State requirements.
(3) "Draft permit" means the version of a permit that the Division offers for public participation pursuant to 15A NCAC 02Q .0521 or affected state review pursuant to 15A NCAC 02Q .0522.
(4) "Emissions allowable under the permit" means an emissions limit, including a work practice standard, established by a federally enforceable permit term or condition, or a federally enforceable emissions cap that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject.
(5) "Final permit" means the version of a permit that the Director issues that has completed all review procedures required pursuant to this Section if the permittee does not file a petition pursuant to Article 3 of G.S. 150B that is related to the permit.
(6) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
(7) "Insignificant activities because of category" means:
(a) mobile sources;
(b) air-conditioning units used for human comfort that are not subject to applicable requirements pursuant to Title VI of the federal Clean Air Act and do not exhaust air pollutants into the ambient air from any manufacturing or other industrial process;
(c) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing or other industrial process;
(d) heating units used for human comfort that have a heat input of less than 10,000,000 Btu per hour and that do not provide heat for any manufacturing or other industrial process;
(e) noncommercial food preparation;
(f) consumer use of office equipment and products;
(g) janitorial services and consumer use of janitorial products;
(h) internal combustion engines used for landscaping purposes;
(i) new residential wood heaters subject to 40 CFR Part 60, Subpart AAA; and
(j) demolition and renovation activities covered solely pursuant to 40 CFR Part 61, Subpart M.
(8) "Insignificant activities because of size or production rate" means any activity whose emissions would not violate any applicable emissions standard and whose potential emission of particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air pollution control devices, are each no more than five tons per year and whose potential emissions of hazardous air pollutants before air pollution control devices, are each below 1000 pounds per year.
(9) "Minor facility" means any facility that is not a major facility.
(10) "Operation" means the use of equipment that emits regulated pollutants.
(11) "Permit renewal" means the process by which a permit is reissued at the end of its term.
(12) "Permit revision" means any permit modification pursuant to 15A NCAC 02Q .0515, .0516, or .0517 or any administrative permit amendment pursuant to 15A NCAC 02Q .0514.
(13) "Proposed permit" means the version of a permit that the Director proposes to issue and forwards to EPA for review pursuant to 15A NCAC 02Q .0522.
(14) "Responsible official" means a responsible official as defined in 40 CFR 70.2.
(15) "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. Such changes shall not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring, including test methods, recordkeeping, reporting, or compliance certification requirements.
(16) "Synthetic minor facility" means a facility that would otherwise be required to follow the procedures of this Section except that the potential to emit is restricted by one or more federally enforceable physical or operational limitations, including air pollution control equipment and restrictions on hours or operation, the type or amount of material combusted, stored, or processed, or similar parameters.
(17) "Timely" means:
(a) for a new facility or newly subject facility, 12 months from the date that the facility or source becomes subject to the Title V operating permit program pursuant to 15A NCAC 02Q .0500;
(b) for renewal of a permit previously issued pursuant to this Section, six months before the expiration of that permit;
(c) for a minor modification pursuant to 15A NCAC 02Q .0515, before commencing the modification;
(d) for a significant modification pursuant to 15A NCAC 02Q .0516 where the change would not contravene or conflict with a condition in the existing permit, 12 months after commencing operation;
(e) for reopening for cause pursuant to 15A NCAC 02Q .0517, as specified by the Director in a request for additional information by the Director;
(f) for requests for additional information, as specified by the Director in a request for additional information by the Director; or
(g) for modifications made pursuant to Section 112(j) of the federal Clean Air Act, 18 months after EPA fails to promulgate a standard for that category of source pursuant to Section 112 of the federal Clean Air Act by the date established pursuant to Section 112(e)(1) or (3) of the federal Clean Air Act.
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. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. January 1, 2007; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0504 OPTION FOR OBTAINING CONSTRUCTION AND OPERATION PERMIT
(a) Pursuant to 15A NCAC 02Q .0501(b)(2) or (c)(2), the owner or operator of a new or modified facility subject to the requirements of this Section that chooses to obtain a construction and operation permit before the facility is required to obtain a permit pursuant to this Section may file an application pursuant to 15A NCAC 02Q .0300.
(b) The applicant shall state in his or her permit application that he or she wishes to follow the procedures in Paragraph (a) of this Rule.
(c) If the procedures in 15A NCAC 02Q .0300 are followed, the permittee shall have 12 months after the facility or source becomes subject to the permit program in 15A NCAC 02Q .0500 if the permittee is applying for a Title V permit for the first time. Otherwise, the permittee shall have 12 months from the date of beginning operation of the modified facility or source to file an amended application following the procedures in this Section. The Director shall place a condition in the construction and operation permit stating this requirement.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT
If an applicant does not submit the following information with its application package, the application package shall be returned:
(1) for new facilities and modified facilities:
(a) an application fee as required pursuant to 15A NCAC 02Q .0200;
(b) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1);
(c) the documentation required pursuant to 15A NCAC 02Q .0507(d)(2);
(d) a financial qualification or substantial compliance statement pursuant to 15A NCAC 02Q .0507(d)(3) if required; and
(e) applications as required pursuant to 15A NCAC 02Q .0507(a), signed as required by 15A NCAC 02Q .0520;
(2) for renewals: applications as required pursuant to 15A NCAC 02Q .0507(a), signed as required by 15A NCAC 02Q .0520;
(3) for a name change: a letter signed by a responsible official in accordance with 15A NCAC 02Q .0520 indicating the current facility name, the date on which the name change will occur, and the new facility name;
(4) for an ownership change: an application fee as required pursuant to 15A NCAC 02Q .0200; and a letter bearing the signature of both the seller and buyer and containing a written agreement with a specific date for the transfer of permit responsibility, coverage, and liability between the current and new permittee; and
(5) for corrections of typographical errors; changes of the name, address, or telephone number of an individual identified in the permit; changes in test dates or construction dates; or similar minor changes: a letter signed by a responsible official in accordance with 15A NCAC 02Q .0520 describing the proposed change and explaining the need for the proposed change.
History Note: Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10); 143-215.108;
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, 2004;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023; September 1, 2022.
15A NCAC 02Q .0506 INITIAL PERMIT APPLICATION SUBMITTAL
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Repealed Eff. July 1, 2007.
15A NCAC 02Q .0507 APPLICATION
(a) Except for:
(1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515;
(2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or
(3) renewals submitted pursuant to 15A NCAC 02Q .0513;
the owner or operator of a new or existing source shall have 12 months after the facility or source becomes subject to the Title V operating permit program pursuant to 15A NCAC 02Q .0500 to file a complete application for a permit or permit revision. However, the owner or operator of a source shall not begin construction or operation of a source until he or she has obtained a construction and operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and 15A NCAC 02Q .0504.
(b) An application shall include the information described in 40 CFR 70.3(d) and 70.5(c), including a list of insignificant activities because of size or production rate but not including insignificant activities because of category. An application shall be certified by a responsible official for truth, accuracy, and completeness. In an application submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 15A NCAC 02Q .0400 or 15A NCAC 02D .0530 or .0531 if the information in those applications contains information required in this Section and is current, accurate, and complete.
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with 15A NCAC 02Q .0104 on forms of the Division and shall include plans and specifications with complete data and information as required by this Rule. If the information provided on these forms does not describe the source or its air pollution abatement equipment to the extent necessary to evaluate the application, the Director shall request that the applicant provide other information necessary to evaluate the source and its air pollution abatement equipment.
(d) Along with filing a complete application, the applicant shall also file the following:
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance with G.S. 143-215.108(f) that:
(A) bears the date of receipt entered by the clerk of the local government; or
(B) consists of a letter from the local government indicating that zoning or subdivision ordinances are met by the facility;
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; and
(3) if required by the Director, information showing that:
(A) the applicant is financially qualified to carry out the permitted activities; or
(B) the applicant has substantially complied with the air quality and emissions standards applicable to any activity in which the applicant has previously been engaged and has been in substantial compliance with federal and State environmental laws and rules.
(e) An applicant who fails to submit relevant facts or submits incorrect information in a permit application shall, upon becoming aware of the failure or incorrect submittal, submit supplementary facts or corrected information to resolve the deficiency. In addition, an applicant shall provide additional information to address requirements to which the source becomes subject after the date the applicant filed a complete application but prior to release of a draft permit.
(f) The submittal of a complete permit application shall not affect the requirement that a facility have a permit pursuant to 15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC 02Q .0400.
(g) The Director shall give priority to permit applications containing early reduction demonstrations pursuant to Section 112(i)(5) of the federal Clean Air Act. The Director shall take final action on these permit applications after receipt of the complete permit application.
(h) Except as specified in 15A NCAC 02Q .0203(i), a non-refundable permit application processing fee, defined in 15A NCAC 02Q .0200, shall accompany the application. The permit application shall be deemed incomplete until the permit application processing fee is received.
(i) The applicant shall retain during the permit term one complete copy of the application package and the information submitted in support of the application package.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1997; July 1, 1996; February 1, 1995;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023; September 1, 2022.
15A NCAC 02Q .0508 PERMIT CONTENT
(a) A permit shall specify and reference the origin and authority for each term or condition and shall identify differences compared to the applicable requirement on which the term or condition is based.
(b) A permit shall specify emission limitations and standards, including operational requirements and limitations, that assure compliance with all applicable requirements at the time of permit issuance.
(c) Where an applicable requirement of the federal Clean Air Act is more stringent than an applicable requirement of rules promulgated pursuant to Title IV, both provisions shall be placed in a permit. A permit shall state that both provisions are enforceable by EPA.
(d) A permit for sources using an alternative emission limit established in 15A NCAC 02D .0501(d) or 15A NCAC 02D .0952 shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
(e) The expiration date of a permit shall be for a fixed term of five years for sources covered by Title IV and for a term of no more than five years from the date of issuance for all other sources including solid waste incineration units combusting municipal waste subject to standards in Section 129(e) of the federal Clean Air Act.
(f) A permit shall contain monitoring and related recordkeeping and reporting requirements as specified in 40 CFR 70.6(a)(3) and 70.6(c)(1), including conditions requiring:
(1) the permittee to submit reports of required monitoring no less frequent than every six months. The permittee shall submit reports:
(A) on forms obtained from the Division as specified in 15A NCAC 02Q .0104;
(B) in a manner as specified by a permit condition; or
(C) on other forms that contain the information required by this Subchapter or as specified by a permit condition;
(2) the permittee to report:
(A) malfunctions, emergencies, and other upset conditions as prescribed in 15A NCAC 02D .0524, .0535, .1110, or .1111; and
(B) deviations quarterly from permit requirements not covered by 15A NCAC 02D .0524, .0535, .1110, or .1111. The permittee shall include the probable cause of the deviations and any corrective actions or preventive measures taken; and
(3) the responsible official to certify all deviations from permit requirements.
(g) At the request of a permittee, the Director may allow records to be maintained in electronic form in lieu of maintaining paper records. The Director shall make this decision based on whether the electronic records contain the same information as the paper records and the availability of the electronic records for inspection to demonstrate compliance.
(h) A permit for facilities covered by 15A NCAC 02D .2100, Risk Management Program, shall contain:
(1) a statement listing 15A NCAC 02D .2100 as an applicable requirement; and
(2) conditions that require the owner or operator of the facility to submit:
(A) a compliance schedule for meeting the requirements of 15A NCAC 02D .2100 by the dates provided in 15A NCAC 02D .2101(a); or
(B) as part of the compliance certification required by Paragraph (n) of this Rule, a certification statement that the source is in compliance with the requirements of 15A NCAC 02D .2100, including the registration and submission of the risk management plan.
The content of the risk management plan need not be incorporated as a permit term or condition.
(i) A permit shall:
(1) contain a condition prohibiting emissions exceeding any allowances that a facility lawfully holds pursuant to Title IV but shall not limit the number of allowances held by a permittee. A permittee shall not use allowances as a defense to noncompliance with any other applicable requirement;
(2) contain a severability clause so that various permit requirements shall continue to be valid in the event of a challenge to any other portion of the permit;
(3) state that noncompliance with a condition of the permit constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application;
(4) state that the permittee may not use as a defense in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of the permit;
(5) state that the Director may reopen, modify, revoke and reissue, or terminate the permit for reasons specified in 15A NCAC 02Q .0517 or .0519;
(6) state that the filing of a request by the permittee for a permit revision, revocation and reissuance, termination, notification of planned changes, or anticipated noncompliance does not stay any permit condition;
(7) specify the conditions in which the permit may be reopened before the expiration of the permit;
(8) state that the permit does not convey any property rights of any sort, or any exclusive privileges;
(9) state that the permittee shall furnish to the Division, in a timely manner:
(A) any information that the Director may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit, and
(B) copies of records required to be kept by the permit when copies are requested by the Director.
The permit shall also state that for information claimed to be confidential, the permittee may furnish the confidential records directly to EPA along with a claim of confidentiality;
(10) contain a provision to ensure that the permittee pays fees required by 15A NCAC 02Q .0200;
(11) contain a condition that authorizes the permittee to make CAA 502(b)(10) changes pursuant to 15A NCAC 02Q .0523(a), off-permit changes, or emission trades in accordance with 15A NCAC 02Q .0523;
(12) include the applicable requirements for the sources covered by the permit;
(13) include fugitive emissions in the same manner as stack emissions;
(14) contain a condition requiring annual reporting of actual emissions as required by 15A NCAC 02Q .0207;
(15) include sources, including insignificant activities; and
(16) contain other provisions the Director considers appropriate.
(j) A permit shall state the terms and conditions for reasonably anticipated operating scenarios identified by the applicant in the application. These terms and conditions shall:
(1) require the permittee, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the operating scenario in which it is operating;
(2) extend the permit shield described in 15A NCAC 02Q .0512 to all terms and conditions in each reasonably anticipated operating scenario; and
(3) ensure that each operating scenario meets all applicable requirements of Subchapter 02D of this Chapter and of this Section.
(k) A permit shall identify which terms and conditions are enforceable by the Division only.
(l) A permit shall state that the permittee shall allow personnel of the Division to:
(1) enter the permittee's premises where the permitted facility is located or emissions-related activity is conducted, or where records are kept by the conditions of the permit;
(2) have access to and copy any records that are required to be kept by the conditions of the permit;
(3) inspect sources, equipment, including monitoring and air pollution control equipment, practices, or operations regulated or required by the permit; and
(4) sample or monitor substances or parameters, to assure compliance with the permit or applicable requirements.
(m) When a compliance schedule is required by 40 CFR 70.5(c)(8) or by a rule contained in Subchapter 02D of this Chapter, the permit shall contain the compliance schedule and shall state that the permittee shall submit semiannually, or more frequently if specified in the applicable requirement, a progress report. The progress report shall contain:
(1) dates for achieving the activities, milestones, or compliance required in the compliance schedule and dates when these activities, milestones, or compliance were achieved; and
(2) an explanation of why any dates in the compliance schedule were not or may not be met and any preventive or corrective measures adopted.
(n) The permit shall contain requirements for compliance certification with the terms and conditions in the permit that are enforceable by EPA pursuant to Title V of the federal Clean Air Act, including emissions limitations, standards, and work practices. The permit shall specify:
(1) the frequency, annually or more frequently as specified in the applicable requirements, of submissions of compliance certifications;
(2) a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices;
(3) a requirement that the compliance certification include:
(A) the identification of each term or condition of the permit that is the basis of the certification;
(B) the status of compliance with the terms and conditions of the permit for the period covered by the certification, based on the methods or means designated in 40 CFR 70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance was required and in which an excursion or exceedance as defined in 40 CFR 64 occurred;
(C) whether compliance was continuous or intermittent;
(D) the identification of the methods or other means used by the owner and operator for determining the compliance status with each term and condition during the certification period; these methods shall include the methods and means required in 40 CFR Part 70.6(a)(3).The owner or operator also shall identify any other material information that shall be included in the certification to comply with Section 113(c)(2) of the federal Clean Air Act, which prohibits knowingly making a false certification or omitting material information; and
(E) other facts as the Director may require to determine the compliance status of the source; and
(4) that all compliance certifications be submitted to EPA as well as to the Division.
History Note: Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023; September 1, 2022.
15A NCAC 02Q .0509 PERMITTING OF NUMEROUS SIMILAR FACILITIES
(a) The Director shall not issue a single permit to cover numerous similar facilities or sources unless a notice and opportunity for public participation has been provided as required by 15A NCAC 02Q .0521.
(b) The Director shall not issue a single permit for numerous similar facilities and sources pursuant to this Rule unless:
(1) there is no difference between the facilities or sources that would require special permit conditions for any individual facility or source; and
(2) no unique analysis is required for any facility or source covered by the permit.
(c) A permit issued pursuant to this Rule shall comply with all the requirements of this Section.
(d) A permit issued pursuant to this Rule shall identify criteria by which facilities or sources may qualify for the permit. To facilities or sources that qualify, the Director shall grant the terms and conditions of the permit.
(e) The facility or source shall be subject to enforcement action for operating without a permit if the facility or source is later determined not to qualify for the terms and conditions of the permit issued pursuant to this Rule.
(f) Sources subject to Title IV shall not be eligible for a permit issued pursuant to this Rule.
(g) The owner or operator of a facility or source that qualifies for a permit issued pursuant to this Rule shall apply for coverage by the terms of the permit issued pursuant to this Rule or shall apply for a standard permit for each facility or source pursuant to this Section.
(h) The Division need not repeat the public participation procedures pursuant to 15A NCAC 02Q .0521 if it grants a request by a permit applicant to operate by a permit issued pursuant to this Rule, but such a grant shall not be a final permit action for purposes of judicial review.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0510 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES
(a) The Director may, issue a single permit authorizing emissions from similar operations by the same facility owner or operator at multiple temporary sites, based on factors such as those set forth in this Rule.
(b) No facility shall qualify for a permit for multiple temporary sites pursuant to this Rule unless the operation involves at least one change of site during the term of the permit.
(c) Sources subject to Title IV shall not be eligible for a permit pursuant to this Section.
(d) Permits for facilities at multiple temporary sites shall include:
(1) identification of each site;
(2) conditions that will assure compliance with all applicable requirements at all authorized locations;
(3) requirements that the permittee notify the Division at least 10 days in advance of each change of location; and
(4) conditions that assure compliance with all other provisions of this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0511 SYNTHETIC MINOR FACILITIES
History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108;
Eff. July 1, 1994;
Repealed Eff. July 1, 1999.
15A NCAC 02Q .0512 PERMIT SHIELD AND APPLICATION SHIELD
(a) Permit Shield:
(1) The Director shall place in a permit issued pursuant to this Section a permit term or condition (a permit shield) stating that compliance with the conditions of the permit shall be deemed compliance with applicable requirements specifically identified in the permit in effect as of the date of permit issuance, provided that:
(A) such applicable requirements are included and are specifically identified in the permit; or
(B) the Director, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source and the permit includes that determination or a concise summary thereof.
(2) A permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
(3) A permit shield shall state that it does not alter or affect:
(A) the power of the Commission, Secretary of the Department, or Governor under G.S. 143-215.3(a)(12) or EPA under Section 303 of the federal Clean Air Act;
(B) the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective date of the permit or at the time of permit issuance;
(C) the applicable requirements under Title IV; or
(D) the ability of the Director (or EPA pursuant to Section 114 of the federal Clean Air Act) to obtain information to determine compliance of the facility with its permit, this Section, or Subchapter 02D of this Chapter.
(4) A permit shield shall not apply to any change made at a facility that does not require a permit revision.
(5) A permit shield shall not extend to minor permit modifications made pursuant to 15A NCAC 02Q .0515.
(b) Application Shield.
(1) Except as provided in Subparagraph (b)(2) of this Rule, if the applicant submits a timely and complete application for permit issuance (including for renewal), the facility's failure to have a permit pursuant to this Section shall not be a violation:
(A) unless the delay in final action is due to the failure of the applicant to timely submit information as required or requested by the Director, or
(B) until the Director takes final action on the permit application.
(2) Subparagraph (b)(1) of this Rule shall cease to apply if, subsequent to the completeness determination made pursuant to 15A NCAC 02Q .0507, the applicant fails to submit by the deadline specified in writing by the Director, any additional information identified as being needed to process the application.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1997;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0513 PERMIT RENEWAL AND EXPIRATION
(a) Permits being renewed shall be subject to the procedural requirements of this Section, including those for public participation and affected state and EPA review.
(b) Permit expiration shall terminate the facility's right to operate unless a complete renewal application has been submitted at least six months before the date of permit expiration.
(c) If the permittee or applicant has complied with 15A NCAC 02Q .0512(b)(1), the existing permit shall not expire until the renewal permit has been issued or denied. All terms and conditions of the existing permit shall remain in effect until the renewal permit has been issued or denied.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0514 ADMINISTRATIVE PERMIT AMENDMENTS
(a) An "administrative permit amendment" means a permit revision that:
(1) corrects typographical errors;
(2) identifies a change in the name, address, or telephone number of any individual identified in the permit or provides a similar minor administrative change at the facility;
(3) requires more frequent monitoring or reporting by the permittee;
(4) changes test dates or construction dates provided that no applicable requirements are violated by the change in test dates or construction dates;
(5) removes designation of State-enforceable only from terms and conditions provided that the terms and conditions have become federally enforceable through Section 110, 111, or 112 or other parts of the federal Clean Air Act;
(6) changes the permit number without changing any portion of the permit that would not otherwise qualify as an administrative amendment; or
(7) removes references and non-applicable permit requirements for equipment that has been permanently removed from service.
(b) In making administrative permit amendments, the Director:
(1) shall take final action on a request for an administrative permit amendment within 60 days after receiving such request;
(2) may make administrative amendments without providing notice to the public or any affected states pursuant to 15A NCAC 02Q .0521(a), provided he or she designates any such permit revision as having been made pursuant to this Rule; and
(3) shall submit a copy of the revised permit to EPA.
(c) The permittee may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
(d) Administrative amendments for sources covered pursuant to Title IV shall be governed by rules in 15A NCAC 02Q .0400.
(e) This Rule shall not apply to the State-enforceable only part of a Title V permit. For the State-enforceable only part of a Title V permit, 15A NCAC 02Q .0316 shall govern administrative permit amendments.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. January 1, 2007; July 1, 1997;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0515 MINOR PERMIT MODIFICATIONS
(a) The procedures set out in this Rule shall apply to permit modifications if the modifications:
(1) do not violate any applicable requirement;
(2) do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
(3) do not require or change a case-by-case determination of an emission limitation or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
(4) do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject. Such terms and conditions include:
(A) a federally enforceable emissions cap assumed to avoid an applicable requirement pursuant to any provision of Title I of the federal Clean Air Act; or
(B) an alternative emissions limit approved as part of an early reduction plan submitted pursuant to Section 112(i)(5) of the federal Clean Air Act;
(5) are not modifications pursuant to any provision of Title I of the federal Clean Air Act; and
(6) are not required to be processed as a significant modification pursuant to 15A NCAC 02Q .0516.
(b) In addition to the items required pursuant to 15A NCAC 02Q .0505, an application requesting the use of the procedures set out in this Rule shall include:
(1) an application form including:
(A) a description of the change;
(B) the emissions resulting from the change; and
(C) identification of any new applicable requirements that will apply if the change occurs;
(2) a list of the facility's other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the thresholds set out in Subparagraphs (c)(1) through (3) of this Rule;
(3) the applicant's suggested draft permit;
(4) certification by a responsible official that the proposed modification meets the criteria for using the procedures set out in this Rule and a request that these procedures be used; and
(5) complete information for the Director to use to notify EPA and affected states.
(c) The Director shall use group processing for minor permit modifications processed pursuant to this Rule. The Director shall notify EPA and affected states of the requested permit revisions pursuant to this Rule and shall provide the information specified in 15A NCAC 02Q .0522 on a quarterly basis. If the aggregated emissions from all pending minor permit modifications equal or exceed:
(1) 10 percent of the emissions allowed for the source for which the change is requested;
(2) 20 percent of the applicable definition of major facility; or
(3) five tons per year,
then the Director shall notify EPA and affected states within five business days of the requested permit revision pursuant to this Rule and provide the information specified in 15A NCAC 02Q .0522.
(d) Within 90 days after receiving a complete application that exceeds the thresholds in Subparagraphs (c)(1), (2), or (3) of this Rule or 15 days after the end of EPA's 45-day review period, whichever is later, the Director shall:
(1) issue the permit modification as proposed;
(2) deny the permit modification application;
(3) determine that the requested modification does not qualify for the procedures set out in this Rule and should be processed pursuant to 15A NCAC 02Q .0516; or
(4) revise the draft permit modification and transmit the proposed permit to EPA.
(e) If the thresholds in Subparagraphs (c)(1), (2), and (3) of this Rule are not exceeded, the Director shall, within 180 days after receiving a completed application for a permit modification or 15 days after the end of EPA's 45-day review period, whichever is later:
(1) issue the permit modification as proposed;
(2) deny the permit modification application;
(3) determine that the requested modification does not qualify for the procedures set out in this Rule and should be processed pursuant to 15A NCAC 02Q .0516; or
(4) revise the draft permit modification and transmit the proposed permit to EPA.
(f) The permit applicant may make the change proposed in his minor permit modification application immediately after filing the completed application with the Division. After the applicant makes the change, the facility shall comply with both the applicable requirements governing the change and the proposed permit terms and conditions until the Director takes one of the final actions specified in Paragraph (d) of this Rule. Between the filing of the permit modification application and the Director's final action, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the Director may enforce the terms and conditions of the existing permit that the applicant seeks to modify, as necessary to ensure protection of air quality.
(g) The permit shield allowed pursuant to 15A NCAC 02Q .0512 shall not extend to minor permit modifications.
(h) If the State-enforceable only portion of the permit is revised, the procedures in 15A NCAC 02Q. 0300 shall be followed.
(i) The proceedings shall affect only those parts of the permit related to the modification.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1997;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0516 SIGNIFICANT PERMIT MODIFICATION
(a) The procedures set out in this Rule shall apply to applications requesting permit modifications pursuant to this Rule or permit modifications that are not governed by 15A NCAC 02Q .0514, .0515, .0523, or .0524.
(b) An application for a significant permit modification that would contravene or conflict with an existing permit shall be processed following the procedure set out in 15A NCAC 02Q .0501(c).
(c) An application for a significant permit modification that does not contravene or conflict with an existing permit shall be processed following the procedure set out in 15A NCAC 02Q .0501(b).
(d) This Rule shall not preclude the permittee from making changes consistent with this Section that would render existing permit compliance terms and conditions irrelevant.
(e) Except for the State-enforceable only portion of the permit, the procedures set out in 15A NCAC 02Q .0507, .0521, or .0522 shall be followed to revise a permit pursuant to this Rule. If the State-enforceable only portion of the permit is revised, the procedures in 15A NCAC 02Q .0300 shall be followed. The proceedings shall affect only those parts of the permit related to the significant modification.
(f) Significant permit modifications shall be covered by the permit shield in accordance with 15A NCAC 02Q .0512.
(g) Significant permit modifications shall be processed in accordance with 15A NCAC 02Q .0525.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0517 REOPENING FOR CAUSE
(a) A permit shall be reopened and revised under the following circumstances:
(1) additional applicable requirements become applicable to a facility with a remaining permit term of three or more years;
(2) additional requirements (including excess emissions requirements) become applicable to a source covered by Title IV (upon approval by EPA, excess emissions offset plans shall be deemed to be incorporated into the permit);
(3) the Director or EPA finds that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or
(4) the Director or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements.
(b) Any permit reopening pursuant to Subparagraph (a)(1) of this Rule shall be completed or a revised permit issued within 18 months after the applicable requirement is promulgated. No reopening is required if the effective date of the requirement is after the expiration of the permit term unless the term of the permit was extended pursuant to 15A NCAC 02Q .0513(c).
(c) Except for the State-enforceable only portion of the permit, the procedures set out in 15A NCAC 02Q .0507, .0521 or .0522 shall be followed to reissue a permit that has been reopened pursuant to this Rule. If the State-enforceable only portion of the permit is reopened, the procedures in 15A NCAC 02Q .0300 shall be followed. The proceedings shall affect only those parts of the permit for which cause to reopen exists.
(d) The Director shall notify the permittee at least 60 days in advance of the date that the permit is to be reopened, except in cases of imminent threat to public health or safety the Director may notify the permittee less than 60 days before reopening the permit. The notice shall explain why the permit is being reopened.
(e) Within 90 days, or 180 days if EPA extends the response period, after receiving notification from EPA that it finds that a permit should be terminated, modified, or revoked and reissued, the Director shall send to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. July 1, 1997;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0518 FINAL ACTION
(a) The Director shall:
(1) issue a permit, permit revision, or renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act;
(2) rescind a permit upon request by the permittee; or
(3) deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act.
(b) The Director shall not issue a final permit or permit revision, except administrative permit amendments pursuant to 15A NCAC 02Q .0514 and .0524, until 15 days after the end of EPA's 45-day review period or until EPA has notified the Director that EPA will not object to issuance of the permit or permit revision, whichever occurs first.
(c) If EPA objects to a proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of EPA's objection. The Director shall not issue a permit pursuant to this Section over EPA's objection.
(d) If EPA does not object in writing to the issuance of a permit, any person may petition EPA to make such objections by following the procedures and meeting the requirements of 40 CFR 70.8(d).
(e) No permit shall be issued, revised, or renewed pursuant to this Section unless all the procedures set out in this Section have been followed and all the requirements of this Section have been met. The Director shall not issue any permit, permit revision, or permit renewal pursuant to this Section by default.
(f) Notwithstanding the application processing schedules set forth in 15A NCAC 02Q .0514, .0515, and .0524, the Division shall take final action on each permit application, including a request for permit modification or renewal, within 18 months of receipt of a complete application.
(g) Thirty days after issuing a permit, including a permit issued pursuant to 15A NCAC 02Q .0509, that is not challenged by the applicant, the Director shall notice the issuance of the final permit. The notice shall be issued on the North Carolina Division of Air Quality web site at . The notice shall include the name and address of the facility and the permit number.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. January 1, 2010; February 1, 1995;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0519 TERMINATION, MODIFICATION, REVOCATION OF PERMITS
(a) The Director may terminate, modify, or revoke and reissue a permit issued pursuant to this Section if:
(1) the information contained in the application or presented in support thereof is determined to be incorrect;
(2) the conditions by which the permit or permit renewal was granted have changed;
(3) permit conditions have been violated;
(4) the permit holder fails to pay fees required pursuant to 15A NCAC 02Q .0200 within 30 days after being billed;
(5) the permittee refuses to allow the Director or his authorized representative, upon presentation of credentials:
(A) to enter the permittee's premises in which a source of emissions is located or in which any records are required to be kept by the terms and conditions of the permit;
(B) to have access to any copy or records required to be kept by the terms and conditions of the permit;
(C) to inspect any source of emissions, control equipment, and any monitoring equipment or method required in the permit; or
(D) to sample any emission source at the facility;
(6) the EPA requests that the permit be revoked pursuant to 40 CFR 70.7(g) or 70.8(d); or
(7) the Director finds that termination, modification or revocation and reissuance of a permit is necessary to carry out the purpose of G.S. 143, Article 21B.
(b) To operate a facility or source after its permit has been revoked shall be a violation of this Section.
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0520 CERTIFICATION BY RESPONSIBLE OFFICIAL
(a) A responsible official shall certify the truth, accuracy, and completeness of any application form, report, or compliance certification required by this Section or by a term or condition in a permit issued pursuant to this Section.
(b) This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
History Note: Authority G.S. 143-215.3(a)(1),(2); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0521 PUBLIC PARTICIPATION
(a) The Director shall give public notice with an opportunity for comments and a hearing on all draft permits and permit revisions except permit revisions issued pursuant to 15A NCAC 02Q .0514, .0515, and .0524. The Director shall give public notice with an opportunity for comments and a hearing on draft permit revisions issued pursuant to 15A NCAC 02Q .0514, .0515, and .0524 for any source that may be designated by the Director based on public interest relevant to air quality.
(b) Notice of any draft permit for an existing facility for which a public hearing is scheduled or for a new facility shall be given by publication in a newspaper of general circulation in the area where the facility is located, posted on the North Carolina Division of Air Quality web site at for the duration of the public comment period, and emailed to persons who are on the Division's emailing list for air quality permits.
(c) Notice for existing facilities for which a public hearing is not scheduled shall be given by posting the draft permit on the North Carolina Division of Air Quality web site at for the duration of the public comment period and shall be emailed to persons who are on the Division's emailing list for air quality permit notices.
(d) The notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom to send comments and requests for public hearing;
(4) the name, address, and telephone number of Divisional staff from whom interested persons may obtain additional information, including copies of the permit draft, the application, compliance plan, monitoring and compliance reports, all other relevant supporting materials, and all other materials available to Division that are relevant to the permit decision;
(5) the activity or activities involved in the permitted action;
(6) any emissions change involved in any permit modification;
(7) a brief description of the comment procedures;
(8) the procedures to follow to request a hearing unless a hearing has already been scheduled; and
(9) the time and place of all hearing that have already been scheduled.
(e) The Director shall send a copy of the notice to affected states and EPA.
(f) The notice shall allow 30 days for public comments.
(g) Notice of any public hearing shall be given at least 30 days before the hearing.
(h) The Division shall keep a record of the public participation process, including the following:
(1) the names of all commenters;
(2) the issues raised during the public participation process; and
(3) all written comments submitted during the public participation process.
If EPA requests a record of the comments and of the issues raised during the public participation process, the Director shall provide EPA this record.
(i) The Division shall respond in writing to comments raised during the public participation process, including any written comments submitted during the public comment period and any comments raised during any public hearing on the permit. The response to comments shall be included in the statement of basis and any Hearing Officer's report.
(j) Persons who desire to be placed on the Division's email notification list for air quality permit notices shall subscribe to the permits email list serve at .
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.107(a)(10); 143-215.108; 143-215.111(4);
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. January 1, 2010; July 1, 1998;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0522 REVIEW BY EPA AND AFFECTED STATES
(a) The Director shall provide EPA with a copy of each permit application, including any application for permit revision, the statement of basis required under Paragraph (b) of this Rule, each proposed permit, and each final permit issued pursuant to this Section. If EPA has informed the Director that a permit application summary and relevant portion of the permit application and compliance plan are sufficient, the Director may provide these documents instead of the complete application.
(b) The Division shall provide a statement that sets forth the legal and factual basis for the draft permit conditions, including references for the applicable statutory or regulatory provisions. The Division shall provide this statement to EPA and any other person who requests it.
(c) If comments are received during the public participation process, the written responses shall be provided to EPA through submittal of a statement of basis, required pursuant to 15A NCAC 02Q .0521, with an explanation of how those public comments and the Division's responses are available to the public.
(d) The Division shall retain for five years a copy of all permit applications, permits, and other related material submitted to or issued by the Division pursuant to this Section.
(e) The Director shall provide notice to each affected state of each draft permit at or before the time notice is provided to the public pursuant to 15A NCAC 02Q .0521.
(f) The Director, in writing, shall notify EPA and any affected state of any refusal by the Division to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period and shall state the reasons for not accepting any such recommendations.
(g) The information specified in Paragraphs (a) through (c) of this Rule shall be provided to EPA in a computer-readable format compatible with EPA's national database management system.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 143-215.111(5);
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;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0523 CHANGES NOT REQUIRING PERMIT REVISIONS
(a) Section 502(b)(10) changes:
(1) A permittee may make Section 502(b)(10) changes without having his or her permit revised if:
(A) the changes are not a modification pursuant to 15A NCAC 02D or Title I of the federal Clean Air Act;
(B) the changes do not cause the emissions allowed in the permit to be exceeded;
(C) the permittee notifies the Director and EPA in writing at least seven days before the change is made; and
(D) the permittee attaches the notice to the relevant permit.
(2) The written notification required by Part (a)(1)(C) of this Rule shall include:
(A) a description of the change;
(B) the date on which the change will occur;
(C) all changes in emissions; and
(D) all permit term or conditions that are no longer applicable as a result of the change.
(3) Section 502(b)(10) changes shall be made in the permit the next time that the permit is revised or renewed, whichever comes first.
(b) Off-permit changes. A permittee may make changes in his or her operation or emissions without revising his or her permit if:
(1) the change affects only insignificant activities and the activities remain insignificant after the change;
(2) the change is not covered by any applicable requirement; and
(3) the changes are consistent with this Section and would not render existing permit compliance terms and conditions irrelevant.
(c) Emissions trading.
(1) To the extent that emissions trading is allowed pursuant to 15A NCAC 02D, including subsequently adopted maximum achievable control technology standards, emissions trading shall be allowed without permit revisions provided that:
(A) all applicable requirements are met;
(B) the permittee complies with all terms and conditions of the permit in making the emissions trade; and
(C) the permittee notifies the Director and EPA in writing at least seven days before the trade is made.
(2) If an emissions cap has been established by a permit condition for the purposes of limiting emissions below that allowed by an otherwise applicable requirement, emissions trading shall be allowed to the extent allowed by the permit if:
(A) an emissions cap is established in the permit to limit emissions;
(B) the permit specifies the emissions limits with which each source shall comply with any applicable requirement;
(C) the permittee complies with all permit terms that ensure the emissions trades are enforceable, accountable, and quantifiable;
(D) the permittee complies with all applicable requirements;
(E) the permittee complies with the emissions trading procedures in the permit; and
(F) the permittee notifies the Director and EPA in writing at least seven days before the trade is made.
(3) The written notification required in Subparagraph (1) of this Paragraph shall include:
(A) a description of the change;
(B) the date on when the change will occur;
(C) the change in emissions;
(D) the permit requirement with which the facility or source will comply using the emissions trading provision of the applicable provision of 15A NCAC 02D; and
(E) the pollutants emitted subject to the emissions trade.
(4) The written notification required in Subparagraph (2) of this Paragraph shall include:
(A) a description of the change;
(B) the date on when the change will occur;
(C) the changes in emissions that will result and how the increases and decrease in emissions will comply with the terms and conditions of the permit.
(d) The permit shield allowed pursuant to 15A NCAC 02Q .0512 shall not apply to changes made pursuant to Paragraphs (a), (b), or (c) of this Rule.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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. June 1, 2008; December 1, 2005;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0524 OWNERSHIP CHANGE
(a) Applications for ownership changes shall:
(1) contain the information required by 15A NCAC 02Q .0505(4); and
(2) follow the procedures set forth in 15A NCAC 02Q .0300.
(b) If the Director permits an ownership change, he or she shall submit a copy of the permit to EPA as an administrative amendment.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
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;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0525 APPLICATION PROCESSING SCHEDULE
The Division shall adhere to the following schedule in processing permit applications:
(1) The Division shall send written acknowledgment of receipt of an application to the applicant within 10 days of receipt of the application.
(2) The Division shall review all permit applications within 60 days of receipt of the application to determine whether the application is complete or incomplete. A completeness determination shall not be necessary for minor modifications pursuant to 15A NCAC 02Q .0515. The Division shall notify the applicant by letter:
(a) stating that the application as submitted is complete and specifying the completeness date;
(b) stating that the application is incomplete, requesting additional information necessary to conduct the technical review of the application, and specifying the date by which the requested information is required to be received by the Division; or
(c) stating that the application is incomplete and requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant by letter dated within 60 days of receipt of the application that the application is incomplete, the application shall be deemed complete. A completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant has not provided the requested additional information by the date specified in the letter requesting additional information, the Director shall cease processing the application until additional information is provided. The applicant may request a time extension for submittal of the requested additional information.
(3) The Division shall complete the technical review of significant modifications received pursuant to 15A NCAC 02Q .0516 in accordance with 40 CFR 70.7(e)(4)(ii).
(4) The Division shall provide for public participation in accordance with 15A NCAC 02Q .0521. If a public hearing is requested and approved by the Director for a draft permit, it shall be held within 45 days of the Director's decision to hold a public hearing.
(5) The Director shall complete the review of the record and send the proposed permit to EPA and affected states in accordance with 15A NCAC 02Q .0522.
(6) Final permit action shall be taken in accordance with 15A NCAC 02Q .0518.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Eff. February 1, 1995;
Amended Eff. July 1, 1998;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.
15A NCAC 02Q .0526 112(j) CASE-BY-CASE MACT PROCEDURES
(a) An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1109 shall follow the permit procedures set out in this Rule.
(b) For the purposes of this Rule, the definitions in 15A NCAC 02D .1109, 40 CFR 63.51, 40 CFR 63.2, and the following definitions apply:
(1) "Equivalent emission limitation" means an emission limitation, established pursuant to Section 112(j) of the federal Clean Air Act, that is equivalent to the MACT standard that EPA would have promulgated pursuant to Section 112(d) or (h) of the federal Clean Air Act.
(2) "Source category schedule for standards" means the schedule for promulgating MACT standards issued pursuant to Section 112(e) of the federal Clean Air Act.
(3) "Title V permit" means a permit issued pursuant to this Section.
(c) Except as provided for in Paragraph (d) or (e) of this Rule, the owner or operator of a source required to apply MACT pursuant to 15A NCAC 02D .1109 shall submit an application for a permit or for a significant permit revision, as applicable pursuant to this Section.
(d) Approval process for new and existing affected sources that are subject to Section 112(j) as of the Section 112(j) deadline. The requirements of Subparagraphs (d)(1) and (2) of this Paragraph shall apply to major sources that include, as of the Section 112(j) deadline, one or more sources in a category or subcategory for which the EPA has failed to promulgate an emission standard pursuant to 40 CFR Part 63 on or before an applicable Section 112(j) deadline. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued to the facility pursuant to the requirements of 40 CFR Part 63, Subpart B, shall apply to such sources.
(1) The owner or operator shall submit an application for a permit or for a revision to an existing Title V permit issued or a pending Title V permit that meets the requirements of Subparagraph (m)(1) of this Rule by the Section 112(j) deadline if the owner or operator can reasonably determine that one or more sources at the facility belong in a category or subcategory subject to Section 112(j) of the federal Clean Air Act.
(2) The owner or operator of a source that does not submit an application pursuant to Subparagraph (d)(1) of this Rule and is notified in writing by the Division that one or more sources at the facility belong to a category or subcategory subject to Section 112(j) of the federal Clean Air Act shall submit an application for a Title V permit or for a revision to an existing Title V permit that meets the requirements of Paragraph (m)(1) of this Rule within 30 days after being notified in writing by the Division. The Division shall not be required to make this notification.
(3) The requirements in Parts (A) and (B) of this Subparagraph shall apply if the owner or operator has obtained a Title V permit that incorporates a Section 112(g) case-by-case MACT determination by the Division pursuant to 15A NCAC 02D .1112, but has not submitted an application for a Title V permit revision that addresses the emission limitation requirements of Section 112(j) of the federal Clean Air Act.
(A) If the owner or operator has a Title V permit that incorporates a Section 112(g) case-by-case MACT determination pursuant to 15A NCAC 02D .1112, the owner or operator shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule for a Title V permit revision within 30 days of the Section 112(j) deadline or within 30 days of being notified in writing by the Division that one or more sources at the major facility belong in such category or subcategory. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emission limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing limitations in the permit to effectuate Section 112(j) of the federal Clean Air Act. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(B) If the owner or operator has submitted a Title V permit application that incorporates a Section 112(g) case-by-case MACT determination by the Division pursuant to 15A NCAC 02D .1112, but has not received the permit incorporating the Section 112(g) requirements, the owner or operator shall continue to apply for a Title V permit that addresses the requirements of Section 112(g) of the federal Clean Air Act. The owner or operator shall submit a permit application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days of issuance of that Title V permit. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines that the previously adopted 112(g) emission limitations are substantially as effective, then the Director shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(e) Sources that become subject to Section 112(j) of the federal Clean Air Act after the Section 112(j) deadline and that do not have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph shall apply to sources that do not meet the criteria in Paragraph (d) of this Rule on the Section 112(j) deadline and are not subject to Section 112(j) of the federal Clean Air Act on that date, but subsequent to the Section 112 (j) deadline the source becomes subject to the requirements of this Rule and the source does not have a Title V permit that addresses the requirements of Section 112(j) of the federal Clean Air Act.
(1) If one or more sources in a category or subcategory subject to the requirements of this Rule are installed at a major source or result in the source becoming a major source due to the installation, and the installation does not invoke Section 112(g) requirements in 15A NCAC 02D .1112, the owner or operator shall submit an application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days of startup of the source. Existing source MACT requirements (including relevant compliance deadlines), as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(2) If one or more sources in a category or subcategory subject to 112(j) requirements are installed at a major source or result in the source becoming a major source due to the installation, and the installation requires 112(g) emission limitations to be established and permitted pursuant to 15A NCAC 02Q .0528 and the owner or operator has not submitted an application for a Title V permit revision that addresses the emission limitation requirements of Section 112(j) of the federal Clean Air Act, the owner or operator shall apply for and obtain a Title V permit that addresses the emission limitation requirements of Section 112(g) of the federal Clean Air Act. Within 30 days of issuance of that Title V permit, the owner or operator shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule for a revision to the existing Title V permit. The Division shall determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the permit shall be revised to incorporate any additional Section 112(j) requirements.
(3) The owner or operator of an area source that, due to a relaxation in any federally enforceable emission limitation, such as a restriction on hours of operation, increases its potential to emit hazardous air pollutants such that the source becomes a major source that is subject to this Rule, shall submit an application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days after the date that such source becomes a major source. The Director shall use the procedures in Paragraph (n) of this Rule in reviewing the application. The existing source MACT requirements, including relevant compliance deadlines, shall apply to such sources.
(4) If EPA establishes a lesser quantity emission rate pursuant to Section 112(a)(1) of the Federal Clean Air Act that results in an area source becoming a major source that is subject to this Rule, then the owner or operator of such a major source shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule on or before the date six months after the date that such source becomes a major source. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources.
(f) Sources that have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph apply to major sources that include one or more sources in a category or subcategory for which EPA fails to promulgate an emission standard on or before the Section 112(j) deadline, the owner or operator has a permit meeting the Section 112(j) requirements, and if changes occur at the major source to equipment, activities, or both subsequent to the Section 112(j) deadline.
(1) If the Title V permit already provides the requirements that address the events described in this Paragraph subsequent to the Section 112(j) deadline, then the source shall comply with the applicable new source MACT or existing source MACT requirements as specified in the permit, and the Section 112(j) requirements shall be deemed satisfied.
(2) If the Title V permit does not contain the requirements that address the events described in this Paragraph subsequent to the Section 112(j) deadline, then the owner operator shall submit an application for a revision of the existing Title V permit that meets the requirements of Paragraph (m)(1) of this Rule within 30 days of beginning construction. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources.
(g) Requests for applicability determination. An owner or operator who is unsure of whether one or more sources at a major source belong in a category or subcategory for which EPA has failed to promulgate an emission standard pursuant to 40 CFR Part 63 may, on or before an applicable Section 112(j) deadline, request an applicability determination from the Division by submitting an application that meets the requirements of Paragraph (m)(1) of this Rule by the applicable deadlines specified in Paragraphs (d), (e), or (f) of this Rule.
(h) An owner or operator who submits a Part 1 MACT application that meets the requirements of Paragraph (m)(1) of this Rule shall submit a Part 2 MACT application that meets the requirements of Paragraph (m)(2) of this Rule no later than the applicable date specified in 40 CFR 63 Subpart B Table 1. The submission date specified in 40 CFR 63 Subpart B Table 1 for Miscellaneous Organic Chemical Manufacturing shall apply to sources in each of the source categories listed in 40 CFR 63 Subpart B Table 2. If an owner or operator is required by 15A NCAC 02D .1109 and this Rule to submit an application meeting the requirements of Paragraph (m)(1) of this Rule by a date that is after the date for a Part 2 MACT application for sources in the category or subcategory in question established by 40 CFR 63 Subpart B Table 1, the owner or operator shall submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this Rule within 60 additional days after the applicable deadline for submission of the Part 1 MACT application. The Part 2 applications shall be reviewed by the Division according to the procedures established in 40 CFR 63.55.
(1) Any owner or operator who submitted a request for an applicability determination on or before May 15, 2002, that remained pending as of May 30, 2003, and who still wishes to obtain such a determination shall resubmit that request by the date that is 60 days after the Administrator publishes in the Federal Register a proposed standard pursuant to Section 112(d) or 112(h) of the Clean Air Act for the category or subcategory in question. Such a resubmitted request shall be supplemented to discuss the relation between the sources in question and the applicability provision in the proposed standard for the category or subcategory in question, and to explain why there may still be uncertainties that require a determination of applicability. The Director shall take action on each supplemented and resubmitted request within an additional 60 days after the applicable deadline for the resubmitted request. If more than three years remain on the current Title V permit, the owner or operator shall submit an application for a Title V permit revision to make any conforming changes in the permit required to adopt the existing emission limitations as the Section 112(j) MACT emission limitations. If less than three years remain on the current Title V permit, any required conforming changes shall be made when the permit is renewed. If the applicability determination is positive, the owner or operator shall submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this Rule by the date specified for the category or subcategory in question in 40 CFR 63 Subpart B Table 1. If the applicability determination is negative, no further action by the owner or operator shall be necessary.
(2) An owner or operator who has submitted an application that meets the requirements of Paragraph (m)(1) of this Rule may request a determination of whether emission limitations adopted pursuant to a prior case-by-case MACT determination pursuant to Section 112(g) that apply to one or more sources in a relevant category or subcategory are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to this Rule for the source in question. Such a request must be submitted by the date for the category or subcategory in question specified in 40 CFR 63 Subpart B Table 1. Each request for a determination pursuant to this Paragraph shall be construed as a complete application for an equivalent emission limitation pursuant to this Rule. If the Director determines that the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations the Director would otherwise adopt pursuant to this Rule, then the Director shall adopt the existing emission limitations in the permit as the emission limitations to effectuate Section 112(j) for the source in question. If the Director determines that the emission limitations in the prior case-by-case MACT determination pursuant to Section 112(g) are not substantially as effective as the emission limitations that the Director would otherwise adopt for the source in question pursuant to this Rule, the Director shall make a new MACT determination and adopt a Title V permit incorporating an appropriate equivalent emission limitation pursuant to this Rule. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emission limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations which Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question.
(i) If the Director disapproves a permit application submitted pursuant to this Rule or determines that the application is incomplete, the owner or operator shall revise and resubmit the application to meet the Director's objections not later than six months after first receiving notification that the application has been disapproved or is incomplete.
(j) If the owner or operator of a source subject to this Rule has submitted a timely and complete application for a permit, significant permit revision, or administrative amendment required by this Rule, any failure to have this permit shall not be a violation of the requirements of this Rule unless the delay in final action is due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application.
(k) The permit shall contain the items specified in 40 CFR 63.52 including:
(1) specification of the affected source and the new affected source;
(2) emission limitations or emission standards equivalent to existing source MACT and emission limitations equivalent to new source MACT for control of emissions of hazardous air pollutants for that category or subcategory determined according to 40 CFR 63.55(a) on a case-by-case basis;
(3) emission limits, production limits, operational limits, or other terms and conditions necessary to ensure practicable enforceability of the MACT emission limitation;
(4) notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements; and
(5) compliance dates by which the owner or operator of an existing source is required to be in compliance with the MACT emission limitation and all other applicable terms and conditions of the permit, not to exceed three years from the date of issuance of the permit. The owner or operator of a new affected source shall comply with a new source MACT level of control immediately upon startup.
(l) Early reductions made pursuant to Section 112(i)(5)(A) of the federal Clean Air Act shall be achieved not later than the date on which the relevant standard should have been promulgated according to the source category schedule for standards.
(m) A permit application for a MACT determination shall consist of two parts.
(1) The Part 1 application shall contain the information required by 40 CFR 63.53(a) and shall be submitted by the applicable deadline specified in Paragraph (d), (e), or (f) of this Rule.
(2) The Part 2 application shall contain the information required by 40 CFR 63.53(b) and shall be submitted no later than the deadline in 40 CFR 63 Subpart B Table 1.
(n) Permit application review. The Director shall follow 40 CFR 63.55(a) in reviewing permit applications for MACT. The resulting MACT determination shall be incorporated into the facility's Title V permit according to the procedures established in this Section. Following submittal of a Part 1 or Part 2 MACT application, the Director may request, pursuant to 15A NCAC 02Q .0507(c) and .0525(a), additional information from the owner or operator; and the owner or operator shall submit the requested information within 30 days. A Part 2 MACT application shall be deemed complete if it is sufficient to begin processing the application for a Title V permit addressing Section 112(j) requirements. If the Division disapproves a permit application or determines that the application is incomplete, the owner or operator shall revise and resubmit the application to meet the objections of the Division within the time period specified by the Division, which shall not exceed six months from the date that the owner or operator is first notified that the application has been disapproved or is incomplete. After receipt of a complete Part 2 MACT application that is subsequently approved by the Division, the Director shall issue a Title V permit that meets Section 112(j) requirements, following the schedule in 15A NCAC 02Q .0525.
(o) The following requirements shall apply to case-by-case determinations of equivalent emission limitations when a MACT standard is subsequently promulgated:
(1) If EPA promulgates an emission standard that is applicable to one or more sources within a major facility before the date a proposed permit pursuant to this Rule is approved, the permit shall contain the promulgated standard rather than the emission limitation determined pursuant to 15A NCAC 02D .1109, and the owner or operator of the source shall comply with the promulgated standard by the compliance date in the promulgated standard.
(2) If EPA promulgates an emission standard that is applicable to a source after the date that a permit is issued pursuant to this Rule, the Director shall revise the permit on its next renewal to reflect the promulgated standard. Subparagraph (a)(1) of 15A NCAC 02Q .0517 shall not apply to requirements established pursuant to this Rule. The Director shall establish a compliance date in the revised permit that assures that the owner or operator complies with the promulgated standard within a reasonable time, but no longer than eight years after such standard is promulgated or eight years after the date by which the owner or operator was first required to comply with the emission limitation established by permit, whichever is earlier. The period for compliance for existing sources shall not be shorter than that provided for existing sources in the promulgated standard.
(3) Notwithstanding the requirements of Subparagraphs (1) or (2) of this Paragraph, if EPA promulgates an emission standard that is applicable to a source after the date a proposed permit is approved, the Director shall not be required to change the emission limitation in the permit to reflect the promulgated standard if the level of control required by the emission limitation in the permit is as effective as that required by the promulgated standard. If EPA promulgates an emission standard that is applicable to an affected source after the date a permit application is approved and the level of control required by the promulgated standard is less stringent than the level of control required by an emission limitation in the prior MACT determination, the Division shall not be required to incorporate a less stringent emission limitation of the promulgated standards after considering the effects on air quality. The Division may consider any more stringent provision of the MACT determination to be applicable legal requirements, as necessary to protect air quality, when issuing or revising such a Title V permit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Eff. July 1, 1996;
Amended Eff. February 1, 2004;
Readopted Eff. April 1, 2018;
Amended Eff. August 1, 2022.
15A NCAC 02Q .0527 EXPEDITED APPLICATION PROCESSING SCHEDULE
(a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit.
(b) An applicant may file an application to follow the expedited review for application certified by a professional engineer as set out in G.S. 143-215.108(h) if:
(1) the applicant specifically requests that the permit application be processed pursuant to the procedures in G.S. 143-215.108(h); and
(2) the applicant submits:
(A) applications as required by 15A NCAC 02Q .0507;
(B) a completeness check list showing that the permit application is complete;
(C) a draft permit;
(D) any required dispersion modeling;
(E) a certification signed by a professional engineer registered in North Carolina certifying the accuracy and completeness of draft permit and the application, including emissions estimates, applicable standards and requirements, and process specifications;
(F) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1);
(G) a written description of current and projected plans to reduce the emissions of air contaminants as required pursuant to 15A NCAC 02Q .0507(d)(2);
(H) a financial qualification if required;
(I) substantial compliance statement if required; and
(J) the application fee as required pursuant to 15A NCAC 02Q .0200.
(c) The applicant shall use the official application forms provided by the Division or a facsimile thereof.
(d) The Division shall provide the applicant a checklist of all items of information required to prepare a complete permit application. This checklist shall be used by the Division to determine if the application is complete.
(e) The Division shall provide the applicant a list of permit conditions and terms to include in the draft permit.
(f) Before filing a permit application that includes dispersion modeling analysis submitted in support of the application, the applicant shall submit a modeling protocol and receive approval for the dispersion modeling protocol.
(g) The Division shall follow the procedures set out in G.S. 143-215.108(h) when processing applications filed in accordance with this Rule.
(h) In implementing this Rule, the Director shall either deny the permit or submit a proposed permit to EPA.
(i) If EPA does not object to the proposed permit, the Director shall issue the permit within five days after:
(1) expiration of EPA 45-day review period; or
(2) receipt of notice from EPA that it will not object to issuance, whichever comes first.
(j) If EPA objects to the proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of EPA's objections.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0528 112(G) CASE-BY-CASE MACT PROCEDURES
(a) Applicability. An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1112 shall follow the permit procedures set out in this Rule.
(b) Construction prohibition. A person shall not begin construction or reconstruction of a major source of hazardous air pollutants unless:
(1) the major source has been specifically regulated or exempted from regulation by:
(A) 15A NCAC 02D .1109 or .1111; or
(B) a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the federal Clean Air Act pursuent to 40 CFR Part 63 and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in 40 CFR Part 63, Subpart A; or
(2) the Division has made a final and effective case-by-case determination pursuant to 15A NCAC 02D .1112 such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
(c) Requirements for constructed and reconstructed major sources. If a case-by-case determination of MACT is required by 15A NCAC 02D .1112, the owner or operator shall submit a permit application to the Division and the Division shall process the application following the procedures of 15A NCAC 02Q .0501(c).
(d) Alternative operating scenarios. When applying for a permit, the owner or operator may request approval of case-by-case MACT determinations for alternative operating scenarios. Approval of such determinations shall satisfy the requirements of Section 112(g) of the federal Clean Air Act for each such scenario.
(e) Application requirements for a case-by-case MACT determination. The owner or operator of a source required to apply MACT pursuant to 15A NCAC 02D .1112 shall submit a permit application that contains all the information required by 40 CFR 63.43(e).
(f) Reporting to the EPA. Within 60 days of the issuance of a permit pursuant to this Section or 15A NCAC 02Q .0300 that incorporates a MACT determination, the Director shall provide a copy of the permit to the EPA and shall provide a summary in electronic format for inclusion in the MACT database.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);
Eff. July 1, 1998;
Readopted Eff. April 1, 2018.
section .0600 - TRANSPORTATION FACILITY PROCEDURES
15A NCAC 02Q .0601 PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT
15A NCAC 02Q .0602 DEFINITIONS
15A NCAC 02Q .0603 APPLICATIONS
15A NCAC 02Q .0604 PUBLIC PARTICIPATION
15A NCAC 02Q .0605 FINAL ACTION ON PERMIT APPLICATIONS
15A NCAC 02Q .0606 TERMINATION, MODIFICATION AND REVOCATION OF PERMITS
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(3); 143-213; 143-215.4(b); 143-215.108; 143-215.109;
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. February 1, 2005;
Repealed Eff. January 1, 2015.
15A NCAC 02Q .0607 APPLICATION PROCESSING SCHEDULE
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109;
Eff. February 1, 1995;
Amended Eff. July 1, 1998;
Repealed Eff. January 1, 2015.
section .0700 – toxic air pollutant procedures
15A NCAC 02Q .0701 APPLICABILITY
Except as set forth in 15A NCAC 02Q .0702, no person shall cause or allow any toxic air pollutant named in 15A NCAC 02D .1104 to be emitted from any facility into the atmosphere at a rate that exceeds the applicable rate(s) in 15A NCAC 02Q .0711 without having received a permit to emit toxic air pollutants as follows:
(1) new facilities pursuant to 15A NCAC 02Q .0704; or
(2) modifications pursuant to 15A NCAC 02Q .0706.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1, 2005;
Readopted Eff. July 1, 2018.
15a ncac 02q .0702 EXEMPTIONS
(a) A permit to emit toxic air pollutants shall not be required pursuant to this Section for:
(1) residential wood stoves, heaters, or fireplaces;
(2) water heaters that are used for domestic purposes only and are not used to heat process water;
(3) maintenance, structural changes, or repairs the do not change capacity of that process, fuel-burning, refuse-burning, or control equipment and do not involve any change in quality or nature or increase in quantity of emission of any regulated air pollutant or toxic air pollutant;
(4) housekeeping activities or building maintenance procedures, including painting buildings, resurfacing floors, roof repair, washing, cleaning with portable vacuum cleaners, sweeping, use and associated storage of janitorial products, or non-asbestos-bearing insulation removal;
(5) use of office supplies, supplies to maintain copying equipment, or blueprint machines;
(6) paving parking lots;
(7) replacement of existing equipment with equipment of the same size, type, and function if the new equipment:
(A) does not result in an increase to the actual or potential emissions of any regulated air pollutant or toxic air pollutant;
(B) does not affect compliance status; and
(C) fits the description of the existing equipment in the permit, including the application, such that the replacement equipment can be operated pursuant to that permit without any changes to the permit;
(8) comfort air conditioning or comfort ventilation systems that do not transport, remove, or exhaust regulated air pollutants to the atmosphere;
(9) equipment used for the preparation of food for direct on-site human consumption;
(10) non-self-propelled non-road engines regulated by rules adopted by the Environmental Protection Agency pursuant to Title II of the federal Clean Air Act, except generators;
(11) stacks or vents to prevent escape of sewer gases from domestic waste through plumbing traps;
(12) use of fire-fighting equipment;
(13) the use for agricultural operations by a farmer of fertilizers, pesticides, or other agricultural chemicals containing one or more of the compounds listed in 15A NCAC 02D .1104 if such compounds are applied according to agronomic practices for agricultural operations acceptable to the North Carolina Department of Agriculture;
(14) asbestos demolition and renovation projects that comply with 15A NCAC 02D .1110 and that are being done by persons accredited by the Department of Health and Human Services pursuant to the Asbestos Hazard Emergency Response Act;
(15) incinerators used only to dispose of dead animals or poultry as identified in 15A NCAC 02D .1201(b)(4) or incinerators used only to dispose of dead pets as identified in 15A NCAC 02D .1208(a)(2)(A);
(16) refrigeration equipment that is consistent with Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of the federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by EPA pursuant to Title VI for stratospheric ozone protection, except those units used as or with air pollution control equipment;
(17) laboratory activities:
(A) bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments;
(B) bench scale experimentation, chemical or physical analyses, or training or instruction from nonprofit, non-production educational laboratories;
(C) bench scale experimentation, chemical or physical analyses, or training or instruction from hospital or health laboratories pursuant to the determination or diagnoses of illnesses; and
(D) research and development laboratory activities that are not required to be permitted pursuant to 15A NCAC 02Q .0500, provided the activity produces no commercial product or feedstock material;
(18) combustion sources as defined in 15A NCAC 02Q .0703, except new or modified combustion sources permitted on or after July 10, 2010;
(19) storage tanks used only to store:
(A) inorganic liquids with a true vapor pressure less than 1.5 pounds per square inch absolute;
(B) fuel oils, kerosene, diesel, crude oil, used motor oil, lubricants, cooling oils, natural gas, liquefied petroleum gas, or petroleum products with a true vapor pressure less than 1.5 pounds per square inch absolute;
(20) dispensing equipment used solely to dispense diesel fuel, kerosene, lubricants, or cooling oils;
(21) portable solvent distillation systems that are used for on-site solvent recycling if:
(A) the portable solvent distillation system is not owned by the facility;
(B) the portable solvent distillation system is not operated for more than seven consecutive days; and
(C) the material recycled is recycled at the site of origin;
(22) processes:
(A) electric motor burn-out ovens with secondary combustion chambers or afterburners;
(B) electric motor bake-on ovens;
(C) burn-off ovens for paint-line hangers with afterburners;
(D) hosiery knitting machines and associated lint screens, hosiery dryers and associated lint screens, and hosiery dyeing processes in which bleach or solvent dyes are not used;
(E) blade wood planers planing only green wood; and
(F) saw mills that saw no more than 2,000,000 board feet per year, provided only green wood is sawed;
(23) wood furniture manufacturing operations as defined in 40 CFR 63.801(a) that comply with the emission limitations and other requirements of 40 CFR Part 63 Subpart JJ, provided that the terms of this exclusion shall not affect the authority of the Director pursuant to 15A NCAC 02Q .0712;
(24) wastewater treatment systems at pulp and paper mills for hydrogen sulfide and methyl mercaptan only;
(25) natural gas and propane fired external combustion sources with an aggregate allowable heat input value less than 450 million Btu per hour that are the only source of benzene at a facility;
(26) internal combustion sources that are either of the following:
(A) emergency engines with an aggregate total horsepower less than 4843 horsepower that are the only source of formaldehyde at a facility; or
(B) stationary combustion turbines with an aggregate allowable heat input value less than 56 million Btu per hour that are the only source of formaldehyde at a facility;
(27) an air emission source that is any of the following:
(A) subject to an applicable requirement pursuant to 40 CFR Part 61, as amended;
(B) an affected source pursuant to 40 CFR Part 63, as amended; or
(C) subject to a case-by-case MACT permit requirement issued by the Division pursuant to Paragraph (j) of 42 U.S.C. Section 7412, as amended;
(28) gasoline-dispensing facilities or gasoline service station operations that comply with 15A NCAC 02D .0928 and .0932 and that receive gasoline from bulk gasoline plants or bulk gasoline terminals that comply with 15A NCAC 02D .0524, .0925, .0926, .0927, .0932, and .0933 via tank trucks that comply with 15A NCAC 02D .0932;
(29) the use of ethylene oxide as a sterilant in the production and subsequent storage of medical devices or the packaging and subsequent storage of medical devices for sale if the emissions from all new and existing sources at a facility described in 15A NCAC 02D .0538(d) are controlled to the degree described in 15A NCAC 02D .0538(d) and the facility complies with 15A NCAC 02D .0538(e) and (f);
(30) bulk gasoline plants, including the storage and handling of fuel oils, kerosenes, and jet fuels but excluding the storage and handling of other organic liquids, that comply with 15A NCAC 02D .0524, .0925, .0926, .0932, and .0933 unless the Director finds that a permit to emit toxic air pollutants is required under Paragraph (b) of this Rule or 15A NCAC 02Q .0712 for a particular bulk gasoline plant; or
(31) bulk gasoline terminals, including the storage and handling of fuel oils, kerosenes, and jet fuels but excluding the storage and handling of other organic liquids, that comply with 15A NCAC 02D .0524, .0925, .0927, .0932, and .0933 if the bulk gasoline terminal existed before November 1, 1992, unless:
(A) a permit to emit toxic air pollutants is required under Paragraph (b) of this Rule or 15A NCAC 02Q .0712 for a particular bulk gasoline terminal; or
(B) the owner or operator of the bulk gasoline terminal meets the requirements of 15A NCAC 02D .0927(i).
(b) Emissions from the activities identified in Subparagraphs (a)(28) through (a)(31) of this Rule shall be considered in determining compliance with the toxic air pollutant requirements of this Section and shall be addressed in the permit if necessary to assure compliance. Emissions from the activities identified in Subparagraphs (a)(1) through (a)(27) of this Rule shall not be considered in determining compliance with the toxic air pollutant requirements in this Section if the terms of this exclusion will not affect the authority of the Director pursuant to 15A NCAC 02Q .0712.
(c) The addition or modification of an activity identified in Paragraph (a) of this Rule shall not cause the source or facility to be evaluated for emissions of toxic air pollutants.
(d) A source that is exempt from being permitted under this Section shall not be exempt from any applicable requirement other than those pursuant to 15A NCAC 02Q .0700 and 02D .1100. Additionally, the owner or operator of the source shall not be exempt from demonstrating compliance with any applicable requirement other than those exempt pursuant to 15A NCAC 02Q .0700 and 02D .1100.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; April 1, 2005; July 1, 2002; July 1, 2000;
Readopted Eff. July 1, 2018.
15A ncac 02q .0703 DEFINITIONS
For the purposes of this Section, the following definitions apply:
(1) "Actual rate of emissions" means:
(a) for existing sources:
(i) for toxic air pollutants with an annual averaging period, the average rate or rates at which the source emitted the pollutant during the two-year period preceding the date of the particular modification and that represents the normal operation of the source. If this period does not represent the normal operation, the Director may allow the use of a different, more representative, period.
(ii) for toxic air pollutants with a 24-hour or one-hour averaging period, the maximum actual emission rate at which the source emitted the pollutant for the applicable averaging period during the two-year period preceding the date of the particular modification and that represents normal operation of the source. If this period does not represent normal operation, the Director may require or allow the use of a different, more representative, period.
(b) for new or modified sources, the average rate or rates, determined for the applicable averaging periods, that the proposed source will emit the pollutant as determined by engineering evaluation.
(2) "Applicable averaging period" means the averaging period for which an acceptable ambient limit has been established by the Commission in 15A NCAC 02D .1104, including the provisions in 15A NCAC 02D .1106(d).
(3) "Bioavailable chromate pigments" means the group of chromium (VI) compounds consisting of calcium chromate (CAS No.13765-19-0), calcium dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2), strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No. 13530-65-9), and zinc dichromate (CAS No. 7789-12-0).
(4) "CAS Number" means the Chemical Abstract Service registry number identifying a particular substance.
(5) "Chromium (VI) equivalent" means the molecular weight ratio of the chromium (VI) portion of a compound to the total molecular weight of the compound multiplied by the associated compound emission rate or concentration at the facility.
(6) "Combustion sources" means boilers, space heaters, process heaters, internal combustion engines, and combustion turbines that combust wood, unadulterated fossil fuels, or non-hazardous secondary materials that are not solid wastes pursuant to 40 CFR Part 241. It does not include incinerators, waste combustors, kilns, dryers, or direct heat exchange industrial processes.
(7) "Creditable emissions" means emission decreases that have not been previously relied on to comply with Subchapter 15A NCAC 02D as part of a permit condition.
(8) "Cresol" means o-cresol, p-cresol, m-cresol, or any combination of these compounds.
(9) "Evaluation" means:
(a) a determination that the emissions from the facility, including emissions from sources exempted by 15A NCAC 02Q .0702(a)(28) through (31), are less than the rate listed in 15A NCAC 02Q .0711; or
(b) a determination of ambient air concentrations as described pursuant to 15A NCAC 02D .1106, including emissions from sources exempted by 15A NCAC 02Q .0702(a)(28) through (31).
(10) "GACT" means a generally available control technology emission standard applied to an area source or facility pursuant to Section 112 of the federal Clean Air Act.
(11) "Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of these compounds.
(12) "MACT" means a maximum achievable control technology emission standard applied to a source or facility pursuant to Section 112 federal Clean Air Act.
(13) "Maximum feasible control" means the maximum degree of reduction for each pollutant subject to regulation under this Section using the best technology that is available taking into account, on a case-by-case basis, human health, energy, environmental, and economic impacts and other costs.
(14) "Modification" means a physical changes or changes in the methods of operation that result in a net increase in emissions or ambient concentration of a pollutant listed in 15A NCAC 02Q .0711 or that result in the emission of any pollutant listed in 15A NCAC 02Q .0711 not previously emitted.
(15) "Net increase in emissions" for a modification means the sum of all increases in permitted allowable and decreases in the actual rates of emissions from the proposed modification from the sources at the facility for which the air permit application is being filed. If the net increase in emissions from the proposed modification is greater than zero, all other increases in permitted allowable and decreases in the actual rates of emissions at the facility within the five years immediately preceding the filing of the air permit application for the proposed modification that are otherwise creditable emissions may be included.
(16) "Nickel, soluble compounds" means the soluble nickel salts of chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4), and nitrate (Ni(NO3)2, CAS No. 13138-45-9).
(17) "Non-specific chromium (VI) compounds" means the group of compounds consisting of any chromium (VI) compounds not specified in this Section as a bioavailable chromate pigment or a soluble chromate compound.
(18) "Polychlorinated biphenyls" means any chlorinated biphenyl compound or mixture of chlorinated biphenyl compounds.
(19) "Pollution prevention plan" means a written description of current and projected plans to reduce, prevent, or minimize the generation of pollutants by source reduction and recycling and includes a site-wide assessment of pollution prevention opportunities at a facility that addresses sources of air pollution, water pollution, and solid and hazardous waste generation.
(20) "Soluble chromate compounds" means the group of chromium (VI) compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5), potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No. 7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate (CAS No. 10588-01-9).
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; April 1, 2001;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0704 NEW FACILITIES
(a) This Rule shall apply only to new facilities.
(b) The owner or operator of a facility that is required to have a permit pursuant to 15A NCAC 02Q .0300 or .0500 and is subject to a Section in 15A NCAC 02D, other than 15A NCAC 02D .1100, shall receive a permit to emit toxic air pollutants before beginning construction and shall comply with the permit when beginning operation. This Rule shall not apply to facilities whose emissions of toxic air pollutants result only from sources exempted pursuant to 15A NCAC 02Q .0102.
(c) The owner or operator of the facility shall submit a permit application to comply with 15A NCAC 02D .1100 if emissions of any toxic air pollutant, excluding sources exempt from evaluation pursuant to 15A NCAC 02Q .0702, exceed the levels set forth in 15A NCAC 02Q .0711. Sources meeting the exemption set forth in 15A NCAC 02Q .0702(a)(27) shall be reviewed by the Division pursuant to G.S. 143-215.107(a)(5)b.
(d) A permit application filed pursuant to this Rule shall include an evaluation for all toxic air pollutants. All sources at the facility, excluding sources exempt from evaluation pursuant to 15A NCAC 02Q .0702, emitting these toxic air pollutants shall be included in the evaluation.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0705 EXISTING FACILITIES AND SIC CALLS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Repealed Eff. May 1, 2014.
15A NCAC 02Q .0706 MODIFICATIONS
(a) The owner or operator shall comply with Paragraphs (b) and (c) of this Rule for a modification that is subject to a Rule in 15A NCAC 02D other than a Rule in 15A NCAC 02D .1100 and that:
(1) requires a permit pursuant to 15A NCAC 02Q .0300 or .0500; or
(2) occurs at a facility with a permit pursuant to 15A NCAC 02Q .0500 and emits a pollutant that is part of the facility's previous modeling demonstration conducted pursuant to 15A NCAC 02D .1104 and 15A NCAC 02Q .0709, if that modification is not exempted pursuant to 15A NCAC 02Q .0702.
This Rule shall not apply to facilities whose emissions of toxic air pollutants result only from insignificant activities, as defined in 15A NCAC 02Q .0103(20), or result only from sources exempted pursuant to 15A NCAC 02Q .0102.
(b) The owner or operator of the facility shall submit a permit application that complies with 15A NCAC 02D .1100 if the modification results in:
(1) a net increase in emissions or ambient concentration as previously determined pursuant to 15A NCAC 02D .1106 and 15A NCAC 02Q .0709 of any toxic air pollutant that the facility was emitting before the modification; or
(2) emissions of any toxic air pollutant that the facility was not emitting before the modification if such emissions exceed the levels set forth in 15A NCAC 02Q .0711.
(c) The permit application filed pursuant to this Rule shall include an evaluation for all toxic air pollutants identified pursuant to Paragraph (b) of this Rule.
(d) All sources at the facility, excluding sources exempt pursuant to 15A NCAC 02Q .0702, emitting these toxic air pollutants shall be included in the evaluation of toxic air pollutants required by Paragraph (c) of this Rule. Sources meeting the exemption set forth in 15A NCAC 02Q .0702(a)(27) shall be reviewed by the Division pursuant to G.S. 143-215.107(a)(5)b.
(e) If a source is included in an air toxic evaluation pursuant to Paragraph (c) of this Rule but is not the source that is being added or modified at the facility, and if the emissions from this source must be reduced in order for the facility to comply with the rules in this Section and 15A NCAC 02D .1100, the emissions from this source shall be reduced by the time the new or modified source begins operating such that the facility shall be in compliance with the rules of this Section and 15A NCAC 02D .1100.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; December 1, 2005; April 1, 2005;
Readopted Eff. July 1, 2018;
Amended Eff. November 1, 2023.
15A NCAC 02Q .0707 PREVIOUSLY PERMITTED FACILITIES
A facility with a permit that contains a restriction based on the evaluation of a source exempted pursuant to 15A NCAC 02Q .0702 may request a permit modification to adjust the restriction by removing from consideration the portion of emissions resulting from the exempt source unless the removal of the exempt source will result in an acceptable ambient level in 15A NCAC 02D .1104 being exceeded. The Director shall modify the permit to remove the applicability of the air toxic rules to the exempt source. No fee shall be charged solely for such a permit modification.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0708 COMPLIANCE SCHEDULE FOR PREVIOUSLY UNKNOWN TOXIC AIR POLLUTANT EMISSIONS
(a) The owner or operator of a facility permitted to emit toxic air pollutants shall submit a permit application within six months after the owner or operator learns of an emission of a previously unknown toxic air pollutant from a source at the facility that would have been included in the permit when it was issued. The application shall include the information required by Paragraph (b) of this Rule.
(b) When an application to revise a permit is submitted under this Rule, the owner or operator shall in addition to the application, submit to the Director:
(1) an evaluation for the pollutant required by this Section and 15 NCAC 02D .1100 that demonstrates compliance with the acceptable ambient level set forth in 15A NCAC 02D .1104; or
(2) a compliance schedule containing the information required by Paragraph (c) of this Rule for the proposed modifications to the facility, required to assure compliance with the acceptable ambient level pursuant to this Section and Section 15A NCAC 02Q .1100.
(c) The compliance schedule required under Subparagraph (b)(2) of this Rule shall contain the following increments of progress, as applicable:
(1) a date by which contracts for emission control and process equipment will be awarded or orders will be issued for the purchase of component parts;
(2) a date by which on-site construction or installation of the emission control and process equipment will begin;
(3) a date by which on-site construction or installation of the emission control and process equipment will be completed; and
(4) the date by which final compliance will be achieved.
(d) Final compliance shall be achieved no later than:
(1) six months after the permit modification or renewal was issued if construction or installation of emission control or process equipment was not required;
(2) one year after the permit modification or renewal was issued if construction or installation of emission control or process equipment is required; or
(3) the time that was normally required to construct a stack or install other dispersion enhancement modifications but not more than one year after the permit modification or renewal was issued.
(e) The owner or operator shall certify to the Director, within 10 days after each applicable deadline for each increment of progress required in Paragraph (c) of this Rule, whether the required increment of progress has been met.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0709 DEMONSTRATIONS
(a) Demonstrations. The owner or operator of a source that is applying for a permit or permit modification to emit toxic air pollutants shall:
(1) demonstrate to the Director through dispersion modeling conducted pursuant to 15A NCAC 02D .1106 that the emissions of toxic air pollutants from the facility will not cause any acceptable ambient level listed in 15A NCAC 02D .1104 to be exceeded beyond the facility's premises with such exceptions as may be allowed pursuant to 15A NCAC 02Q .0700; or
(2) demonstrate to the Commission or its delegate that the ambient concentration beyond the premises (adjacent property boundary) for the subject toxic air pollutant will not adversely affect human health (e.g., with a risk assessment specific to the facility) though the concentration is higher than the acceptable ambient level in 15A NCAC 02D .1104 by providing one of the following demonstrations:
(A) the area where the ambient concentrations are expected to exceed the acceptable ambient levels in 15A NCAC 02D .1104 is not inhabitable or occupied for the duration of the averaging time of the pollutant of concern; or
(B) new toxicological data that show that the acceptable ambient level in 15A NCAC 02D .1104 for the pollutant of concern is too low and the facility's ambient impact is below the level indicated by the new toxicological data.
(b) Technical Infeasibility and Economic Hardship. This Paragraph shall not apply to any incinerator governed by 15A NCAC 02D .1200. The owner or operator of any source constructed before May 1, 1990, or a combustion source as defined in 15A NCAC 02Q .0703 permitted before July 10, 2010, that cannot supply a demonstration described in Paragraph (a) of this Rule shall:
(1) demonstrate to the Commission or its delegate that complying with the guidelines in 15A NCAC 02D .1104 is technically infeasible, because the technology necessary to reduce emissions to a level to prevent the acceptable ambient levels in 15A NCAC 02D .1104 from being exceeded does not exist; or
(2) demonstrate to the Commission or its delegate that complying with the guidelines in 15A NCAC 02D .1104 would result in serious economic hardship. In deciding if a serious economic hardship exists, the Commission or its delegate shall consider market impact; impacts on local, regional, and state economy; risk of closure; capital cost of compliance; annual incremental compliance cost; and environmental and health impacts.
If the owner or operator makes a demonstration pursuant to Subparagraphs (1) or (2) of this Paragraph, the Director shall require the owner or operator of the source to apply maximum feasible control. Maximum feasible control shall be in place and operating within three years from the date that the permit is issued for the maximum feasible control.
(c) Pollution Prevention Plan. The owner or operator of any facility using the provisions of Part (a)(2)(A) or Paragraph (b) of this Rule shall develop and implement a pollution prevention plan consisting of the following elements:
(1) a statement of corporate and facility commitment to pollution prevention;
(2) an identification of current and past pollution prevention activities;
(3) a timeline and strategy for implementation;
(4) a description of ongoing and planned employee education efforts; and
(5) an identification of internal pollution prevention goals selected by the facility and expressed in either qualitative or quantitative terms.
The facility shall submit the plan along with the permit application. The plan shall be maintained on site. A progress report on implementation of the plan shall be prepared by the facility annually and be made available to Division personnel for review upon request.
(d) Modeling Demonstration. If the owner or operator of a facility demonstrates by modeling that no toxic air pollutant emitted from the facility exceeds the acceptable ambient level values set out in 15A NCAC 02D .1104 beyond the facility's premises, further modeling demonstration shall not be required with the permit application. However, the Commission may still require more stringent emission levels based on its analysis pursuant to 15A NCAC 02D .1107.
(e) Change in Acceptable Ambient Level. When an acceptable ambient level for a toxic air pollutant in 15A NCAC 02D .1104 is changed, any condition that has previously been put in a permit to ensure compliance with the previous acceptable ambient level for that toxic air pollutant shall not be changed until:
(1) The permit is renewed, at which time the owner or operator of the facility shall submit an air toxic evaluation, excluding sources exempt from evaluation in 15A NCAC 02Q .0702, showing that the new acceptable ambient level will not be exceeded. If additional time is needed to bring the facility into compliance with the new acceptable ambient level, the owner or operator shall negotiate a compliance schedule with the Director to protect public health as demonstrated pursuant to this Rule. The compliance schedule shall be written into the facility's permit and final compliance shall not exceed two years from the effective date of the change in the acceptable ambient level; or
(2) The owner or operator of the facility requests that the condition be changed and submits along with that request an air toxic evaluation, excluding sources exempt from evaluation in 15A NCAC 02Q .0702, showing that the new acceptable ambient level shall not be exceeded.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1, 2005;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING
(a) If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or (b), the Commission or its delegate shall approve or disapprove the permit after a public notice with an opportunity for a public hearing.
(b) The public notice shall be given by publication in a newspaper of general circulation in the area where the facility is located and shall be provided to persons who are on the Division's notification list for air quality permit notices.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom to send comments and requests for public hearing;
(4) the name, address, and telephone number of a Divisional staff person from whom interested persons may obtain additional information, including copies of the draft permit, the application, compliance plan, pollution prevention plan, monitoring and compliance reports, and other materials available to the Division that are relevant to the permit decision;
(5) the activity or activities involved in the permit action;
(6) emissions change involved in the proposed permit modification;
(7) a brief description of the public comment procedures;
(8) the procedures to follow to request a public hearing unless a public hearing has already been scheduled; and
(9) the time and place of a hearing that has already been scheduled.
(d) The notice shall allow not less than 30 days for public comments.
(e) If the Director determines that significant public interest exists or that the public interest will be served, the Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given not less than 30 days before the public hearing.
(f) The Director shall make available for public inspection in the region affected the information submitted by the permit applicant and the Division's analysis of that application.
(g) A person requesting paper copies of material identified in Subparagraph (c)(4) of this Rule shall pay ten cents ($0.10) per page copied. Confidential material shall be handled in accordance with 15A NCAC 02Q .0107.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018;
Amended Eff. September 1, 2023.
15a ncac 02q .0711 EMISSION RATES REQUIRING A PERMIT
(a) A permit to emit toxic air pollutants shall be required for any facility, excluding sources exempt from evaluation by 15A NCAC 02Q .0702, if one or more emission release points are obstructed or non-vertically oriented whose actual rate of emissions by pollutant from all sources is greater than any one of the following toxic air pollutant permitting emissions rates:
|Obstructed or Non-Vertical Oriented Toxic Air Pollutant Permitting Emission Rates (TPER) |
|Pollutant (CAS Number) |Carcinogens |Chronic Toxicants |Acute Systemic |Acute Irritants |
| | | |Toxicants lb/hr | |
| |lb/yr |lb/day | |lb/hr |
|acetaldehyde (75-07-0) | | | |6.8 |
|acetic acid (64-19-7) | | | |0.96 |
|acrolein (107-02-8) | | | |0.02 |
|acrylonitrile (107-13-1) | |0.4 |0.22 | |
|ammonia (7664-41-7) | | | |0.68 |
|aniline (62-53-3) | | |0.25 | |
|arsenic and inorganic arsenic compounds |0.053 | | | |
|asbestos (1332-21-4) |5.7 X 10-3 | | | |
|aziridine (151-56-4) | |0.13 | | |
|benzene (71-43-2) |8.1 | | | |
|benzidine and salts (92-87-5) |0.0010 | | | |
|benzo(a)pyrene (50-32-8) |2.2 | | | |
|benzyl chloride (100-44-7) | | |0.13 | |
|beryllium (7440-41-7) |0.28 | | | |
|beryllium chloride (7787-47-5) |0.28 | | | |
|beryllium fluoride (7787-49-7) |0.28 | | | |
|beryllium nitrate (13597-99-4) |0.28 | | | |
|bioavailable chromate pigments, |0.0056 | | | |
|as chromium (VI) equivalent | | | | |
|bis-chloromethyl ether (542-88-1) |0.025 | | | |
|bromine (7726-95-6) | | | |0.052 |
|1,3-butadiene (106-99-0) |11 | | | |
|cadmium (7440-43-9) |0.37 | | | |
|cadmium acetate (543-90-8) |0.37 | | | |
|cadmium bromide (7789-42-6) |0.37 | | | |
|carbon disulfide (75-15-0) | |3.9 | | |
|carbon tetrachloride (56-23-5) |460 | | | |
|chlorine (7782-50-5) | |0.79 | |0.23 |
|chlorobenzene (108-90-7) | |46 | | |
|chloroform (67-66-3) |290 | | | |
|chloroprene (126-99-8) | |9.2 |0.89 | |
|cresol (1319-77-3) | | |0.56 | |
|p-dichlorobenzene (106-46-7) | | | |16.8 |
|di(2-ethylhexyl)phthalate (117-81-7) | |0.63 | | |
|dimethyl sulfate (77-78-1) | |0.063 | | |
|1,4-dioxane (123-91-1) | |12 | | |
|epichlorohydrin (106-89-8) |5600 | | | |
|ethyl acetate (141-78-6) | | |36 | |
|ethylenediamine (107-15-3) | |6.3 |0.64 | |
|ethylene dibromide (106-93-4) |27 | | | |
|ethylene dichloride (107-06-2) |260 | | | |
|ethylene glycol monoethyl ether (110-80-5) | |2.5 |0.48 | |
|ethylene oxide (75-21-8) |1.8 | | | |
|ethyl mercaptan (75-08-1) | | |0.025 | |
|fluorides | |0.34 |0.064 | |
|formaldehyde (50-00-0) | | | |0.04 |
|hexachlorocyclopentadiene (77-47-4) | |0.013 |0.0025 | |
|hexachlorodibenzo-p-dioxin (57653- 85-7) |0.0051 | | | |
|n-hexane (110-54-3) | |23 | | |
|hexane isomers except n-hexane | | | |92 |
|hydrazine (302-01-2) | |0.013 | | |
|hydrogen chloride (7647-01-0) | | | |0.18 |
|hydrogen cyanide (74-90-8) | |2.9 |0.28 | |
|hydrogen fluoride (7664-39-3) | |0.63 | |0.064 |
|hydrogen sulfide (7783-06-4) | |1.7 | | |
|maleic anhydride (108-31-6) | |0.25 |0.025 | |
|manganese and compounds | |0.63 | | |
|manganese cyclopentadienyl tricarbonyl (12079-65-1) | |0.013 | | |
|manganese tetroxide (1317-35-7) | |0.13 | | |
|mercury, alkyl | |0.0013 | | |
|mercury, aryl and inorganic compounds | |0.013 | | |
|mercury, vapor (7439-97-6) | |0.013 | | |
|methyl chloroform (71-55-6) | |250 | |64 |
|methylene chloride (75-09-2) |1600 | |0.39 | |
|methyl ethyl ketone (78-93-3) | |78 | |22.4 |
|methyl isobutyl ketone (108-10-1) | |52 | |7.6 |
|methyl mercaptan (74-93-1) | | |0.013 | |
|nickel carbonyl (13463-39-3) | |0.013 | | |
|nickel metal (7440-02-0) | |0.13 | | |
|nickel, soluble compounds, as nickel | |0.013 | | |
|nickel subsulfide (12035-72-2) |0.14 | | | |
|nitric acid (7697-37-2) | | | |0.256 |
|nitrobenzene (98-95-3) | |1.3 |0.13 | |
|n-nitrosodimethylamine (62-75-9) |3.4 | | | |
|non-specific chromium (VI) compounds, as chromium (VI) |0.0056 | | | |
|equivalent | | | | |
|pentachlorophenol (87-86-5) | |0.063 |0.0064 | |
|perchloroethylene (127-18-4) |13000 | | | |
|phenol (108-95-2) | | |0.24 | |
|phosgene (75-44-5) | |0.052 | | |
|phosphine (7803-51-2) | | | |0.032 |
|polychlorinated biphenyls (1336-36- 3) |5.6 | | | |
|soluble chromate compounds, as chromium (VI) equivalent| |0.013 | | |
|styrene (100-42-5) | | |2.7 | |
|sulfuric acid (7664-93-9) | |0.25 |0.025 | |
|tetrachlorodibenzo-p-dioxin (1746- 01-6) |0.00020 | | | |
|1,1,2,2-tetrachloroethane (79-34-5) |430 | | | |
|toluene (108-88-3) | |98 | |14.4 |
|toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7) | |0.003 | | |
|isomers | | | | |
|trichloroethylene (79-01-6) |4000 | | | |
|vinyl chloride (75-01-4) |26 | | | |
|vinylidene chloride (75-35-4) | |2.5 | | |
|xylene (1330-20-7) | |57 | |16.4 |
(b) A permit to emit toxic air pollutants shall be required for any facility if all emission release points are unobstructed and vertically oriented whose actual rate of emissions from all sources is greater than any one of the following toxic air pollutant permitting emissions rates:
|Unobstructed Toxic Air Pollutant Permitting Emission Rates (TPER) |
|Pollutant (CAS Number) |Carcinogens |Chronic Toxicants |Acute Systemic |Acute Irritants |
| | | |Toxicants lb/hr | |
| |lb/yr |lb/day | |lb/hr |
|acetaldehyde (75-07-0) | | | |28.43 |
|acetic acid (64-19-7) | | | |3.90 |
|acrolein (107-02-8) | | | |0.08 |
|acrylonitrile (107-13-1) | |1.3 |1.05 | |
|ammonia (7664-41-7) | | | |2.84 |
|aniline (62-53-3) | | |1.05 | |
|arsenic and inorganic arsenic compounds |0.194 | | | |
|asbestos (1332-21-4) |7.748 x 10-3 | | | |
|aziridine (151-56-4) | |0.3 | | |
|benzene (71-43-2) |11.069 | | | |
|benzidine and salts (92-87-5) |1.384 x 10-3 | | | |
|benzo(a)pyrene (50-32-8) |3.044 | | | |
|benzyl chloride (100-44-7) | | |0.53 | |
|beryllium (7440-41-7) |0.378 | | | |
|beryllium chloride (7787-47-5) |0.378 | | | |
|beryllium fluoride (7787-49-7) |0.378 | | | |
|beryllium nitrate (13597-99-4) |0.378 | | | |
|bioavailable chromate pigments, |0.008 | | | |
|as chromium (VI) equivalent | | | | |
|bis-chloromethyl ether (542-88-1) |0.034 | | | |
|bromine (7726-95-6) | | | |0.21 |
|1,3-butadiene (106-99-0) |40.585 | | | |
|cadmium (7440-43-9) |0.507 | | | |
|cadmium acetate (543-90-8) |0.507 | | | |
|cadmium bromide (7789-42-6) |0.507 | | | |
|carbon disulfide (75-15-0) | |7.8 | | |
|carbon tetrachloride (56-23-5) |618.006 | | | |
|chlorine (7782-50-5) | |1.6 | |0.95 |
|chlorobenzene (108-90-7) | |92.7 | | |
|chloroform (67-66-3) |396.631 | | | |
|chloroprene (126-99-8) | |18.5 |3.69 | |
|cresol (1319-77-3) | | |2.32 | |
|p-dichlorobenzene (106-46-7) | | | |69.50 |
|di(2-ethylhexyl)phthalate (117-81-7) | |1.3 | | |
|dimethyl sulfate (77-78-1) | |0.1 | | |
|1,4-dioxane (123-91-1) | |23.6 | | |
|epichlorohydrin (106-89-8) |7655.891 | | | |
|ethyl acetate (141-78-6) | | |147.41 | |
|ethylenediamine (107-15-3) | |12.6 |2.63 | |
|ethylene dibromide (106-93-4) |36.896 | | | |
|ethylene dichloride (107-06-2) |350.511 | | | |
|ethylene glycol monoethyl ether (110-80-5) | |5.1 |2.00 | |
|ethylene oxide (75-21-8) |2.490 | | | |
|ethyl mercaptan (75-08-1) | | |0.11 | |
|fluorides | |0.7 |0.26 | |
|formaldehyde (50-00-0) | | | |0.16 |
|hexachlorocyclopentadiene (77-47-4) | |2.5 x 10-2 |0.01 | |
|hexachlorodibenzo-p-dioxin (57653- 85-7) |0.007 | | | |
|n-hexane (110-54-3) | |46.3 | | |
|hexane isomers except n-hexane | | | |379.07 |
|hydrazine (302-01-2) | |2.5 x 10-2 | | |
|hydrogen chloride (7647-01-0) | | | |0.74 |
|hydrogen cyanide (74-90-8) | |5.9 |1.16 | |
|hydrogen fluoride (7664-39-3) | |1.3 | |0.26 |
|hydrogen sulfide (7783-06-4) | |5.1 | | |
|maleic anhydride (108-31-6) | |0.5 |0.11 | |
|manganese and compounds | |1.3 | | |
|manganese cyclopentadienyl tricarbonyl (12079-65-1) | |2.5 x 10-2 | | |
|manganese tetroxide (1317-35-7) | |0.3 | | |
|mercury, alkyl | |2.5 x 10-3 | | |
|mercury, aryl and inorganic compounds | |2.5 x 10-2 | | |
|mercury, vapor (7439-97-6) | |2.5 x 10-2 | | |
|methyl chloroform (71-55-6) | |505.4 | |257.98 |
|methylene chloride (75-09-2) |2213.752 | |1.79 | |
|methyl ethyl ketone (78-93-3) | |155.8 | |93.19 |
|methyl isobutyl ketone (108-10-1) | |107.8 | |31.59 |
|methyl mercaptan (74-93-1) | | |0.05 | |
|nickel carbonyl (13463-39-3) | |2.5 x 10-2 | | |
|nickel metal (7440-02-0) | |0.3 | | |
|nickel, soluble compounds, as nickel | |2.5 x 10-2 | | |
|nickel subsulfide (12035-72-2) |0.194 | | | |
|nitric acid (7697-37-2) | | | |1.05 |
|nitrobenzene (98-95-3) | |2.5 |0.53 | |
|n-nitrosodimethylamine (62-75-9) |4.612 | | | |
|non-specific chromium (VI) compounds, as chromium (VI) |0.008 | | | |
|equivalent | | | | |
|pentachlorophenol (87-86-5) | |0.1 |0.03 | |
|perchloroethylene (127-18-4) |17525.534 | | | |
|phenol (108-95-2) | | |1.00 | |
|phosgene (75-44-5) | |0.1 | | |
|phosphine (7803-51-2) | | | |0.14 |
|polychlorinated biphenyls (1336-36- 3) |7.656 | | | |
|soluble chromate compounds, as chromium (VI) equivalent| |2.6 x 10-2 | | |
|styrene (100-42-5) | | |11.16 | |
|sulfuric acid (7664-93-9) | |0.5 |0.11 | |
|tetrachlorodibenzo-p-dioxin (1746- 01-6) |2.767 x 10-4 | | | |
|1,1,2,2-tetrachloroethane (79-34-5) |581.110 | | | |
|toluene (108-88-3) | |197.96 | |58.97 |
|toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7) | |8.4 x 10-3 | | |
|isomers | | | | |
|trichloroethylene (79-01-6) |5442.140 | | | |
|vinyl chloride (75-01-4) |35.051 | | | |
|vinylidene chloride (75-35-4) | |5.1 | | |
|xylene (1330-20-7) | |113.7 | |68.44 |
(c) For the following pollutants, the highest emissions occurring in any 15-minute period shall be multiplied by four and the product shall be compared to the value in Paragraph (a) or (b), as applicable:
(1) acetaldehyde (75-07-0);
(2) acetic acid (64-19-7);
(3) acrolein (107-02-8);
(4) ammonia (7664-41-7);
(5) bromine (7726-95-6);
(6) chlorine (7782-50-5);
(7) formaldehyde (50-00-0);
(8) hydrogen chloride (7647-01-0);
(9) hydrogen fluoride (7664-39-3); and
(10) nitric acid (7697-37-2).
History Note: Authority G.S. 143-215.3(a)(1); 143-215-107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2015; July 7, 2014; May 1, 2014; January 1, 2010; June 1, 2008; April 1, 2005; February 1, 2005; April 1, 2001;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0712 CALLS BY THE DIRECTOR
Notwithstanding any other provision of this Section or 15A NCAC 02D .1100, upon a written finding that a source or facility emitting toxic air pollutants presents an unacceptable risk to human health based on the acceptable ambient levels in 15A NCAC 02D .1104 or epidemiology studies, the Director shall require the owner or operator of the source or facility to submit a permit application to comply with 15A NCAC 02D .1100 for any or all of the toxic air pollutants emitted from the facility.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.
15A NCAC 02Q .0713 POLLUTANTS WITH OTHERWISE APPLICABLE FEDERAL STANDARDS OR REQUIREMENTS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Eff. July 1, 1998;
Repealed Eff. July 1, 2018.
15A NCAC 02Q .0714 WASTEWATER TREATMENT SYSTEMS AT PULP AND PAPER MILLS
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143B-282;
Eff. April 1, 2005;
Repealed Eff. May 1, 2014.
SECTION .0800 - EXCLUSIONARY RULES
15A NCAC 02Q .0801 PURPOSE AND SCOPE
(a) This Section establishes categories of facilities that may be exempt from the requirements of 15A NCAC 02Q .0500, 15A NCAC 02D .1111, or 40 CFR Part 63 by defining their potential emissions to be less than:
(1) 100 tons per year of each regulated air pollutant;
(2) 10 tons per year of each hazardous air pollutant; and
(3) 25 tons per year of all hazardous air pollutants combined;
as determined by criteria set out in each individual source category rule.
(b) A maximum achievable control technology (MACT) standard promulgated pursuant to 40 CFR Part 63 shall be used to determine the applicability of that MACT standard, notwithstanding any exemption established in this Section.
(c) Potential emissions of hazardous air pollutants limited through the procedures of this Section may be used to determine the applicability of specific requirements of 40 CFR Part 63 to a facility.
(d) The owner or operator of a facility or source qualified to be governed pursuant to a rule in this Section who chooses not to be governed pursuant to that rule shall notify the Director in writing that he or she does not want the facility or source to be governed by this Section, and this Section shall no longer apply to that facility or source.
(e) Violations of rate-based emission limits or other applicable requirements shall not be excused by reliance on emission limits or caps set forth in this Section.
(f) An exemption pursuant to this Section from the requirements set forth in 15A NCAC 02Q .0500, 15A NCAC 02D.1111, or 40 CFR Part 63 shall not affect the requirements of 15A NCAC 02Q .0300, Construction and Operation Permit.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 1999;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0802 GASOLINE SERVICE STATIONS AND DISPENSING FACILITIES
(a) For the purpose of this Rule the following definitions shall apply:
(1) "Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
(2) "Gasoline service station" means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(b) This Rule shall apply only to gasoline service stations and gasoline dispensing facilities that are in compliance with 15A NCAC 02D .0928.
(c) Potential emissions from gasoline service stations and gasoline dispensing facilities shall be determined using actual gasoline throughput.
(d) A gasoline service station or gasoline dispensing facility that has an annual throughput, on a calendar month rolling average basis, of less than 52,000,000 gallons shall be exempt from the requirements of 15A NCAC 02Q .0500.
(e) The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from 15A NCAC 02Q .0500 shall submit a report containing the information described in Paragraph (f) of this Rule if:
(1) annual throughput exceeds 45,000,000 gallons, by the end of the month following the month that throughput exceeds 45,000,000 gallons and every 12 months thereafter;
(2) annual throughput exceeds 50,000,000 gallons, by the end of the month following the month that throughput exceeds 50,000,000 gallons and every six months thereafter; or
(3) annual throughput equals or exceeds 52,000,000 gallons, by the end of the month following the month that throughput equals or exceeds 52,000,000 gallons and shall submit a permit application pursuant to 15A NCAC 02Q .0500.
(f) The report required by Paragraph (e) of this Rule shall include:
(1) the name and location of the gasoline service station or gasoline dispensing facility;
(2) the annual throughput of gasoline for each of the 12-month periods ending on each month since the previous report was submitted, including monthly gasoline throughput for each month required to calculate the annual gasoline throughput for each 12-month period; and
(3) the signature of the responsible official, as defined in 15A NCAC 02Q .0303, certifying as to the truth and accuracy of the report.
(g) The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of annual throughput to the Director upon request. The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document annual throughput for all 12-month periods during the previous three years.
(h) For facilities governed by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Readopted Eff. April 1, 2018;
Amended Eff. July 1, 2024.
15a ncac 02q .0803 COATING, SOLVENT CLEANING, GRAPHIC ARTS OPERATIONS
(a) For the purposes of this Rule, the following definitions shall apply:
(1) "Coating operation" means a process in which paints, enamels, lacquers, varnishes, inks, dyes, glues, and other similar materials are applied to wood, paper, metal, plastic, textiles, or other types of substrates.
(2) "Solvent cleaning operation" means the use of solvents containing volatile organic compounds to clean soils from metal, plastic, or other types of surfaces.
(3) "Graphic arts operation" means the application of inks to form words, designs, or pictures to a substrate, usually by a series of application rolls each with only partial coverage and usually using letterpress, offset lithography, rotogravure, or flexographic process.
(b) Potential emissions from a coating operation, solvent cleaning operation, or graphic arts operation shall be determined using actual emissions without accounting for any air pollution control devices to reduce emissions of volatile organic compounds or hazardous air pollutants, including perchloroethylene, methyl chloroform, and methyl chloride, from the coating operation, solvent cleaning operation, or graphic arts operation. All volatile organic compounds; hazardous air pollutants that are also volatile organic compounds; and perchloroethylene, methyl chloroform, and methyl chloride shall be assumed to evaporate and be emitted into the atmosphere at the source.
(c) Paragraphs (e) through (m) of this Rule shall not apply to any facility whose potential emissions are greater than or equal to:
(1) 100 tons per year of each regulated air pollutant;
(2) 10 tons per year of each hazardous air pollutant; or
(3) 25 tons per year of all hazardous air pollutants combined,
as determined by criteria set out in each individual source category rule.
(d) A maximum achievable control technology (MACT) standard promulgated pursuant to 40 CFR Part 63 shall be used to determine the applicability of that MACT standard, notwithstanding any exemption established in this Rule.
(e) With the exception of Paragraph (c) of this Rule, the owner or operator of a coating, solvent cleaning, or graphics arts operation shall be exempt from the requirements of 15A NCAC 02Q .0500, provided that the owner or operator of the facility complies with Paragraphs (g) through (k) of this Rule, as appropriate.
(f) Only Paragraph (b) of this Rule shall apply to coating operations, solvent cleaning operations, or graphic arts operations that are exempt from permitting by 15A NCAC 02Q .0102.
(g) The owner or operator of a facility whose potential emissions:
(1) of volatile organic compounds are less than 100 tons per year but more than or equal to 75 tons per year;
(2) of each hazardous air pollutant is less than 10 tons per year but more than or equal to 7.5 tons per year; or
(3) of all hazardous air pollutants combined are less than 25 tons per year but more than or equal to 18 tons per year,
shall maintain records and submit reports as described in Paragraphs (h) and (k) of this Rule.
(h) For facilities governed by Paragraph (g) of this Rule, the owner or operator shall:
(1) maintain monthly consumption records of each material used that contains volatile organic compounds as follows:
(A) the quantity of volatile organic compound in pounds per gallon of each material used;
(B) the pounds of volatile organic compounds of each material used per month and the total pounds of volatile organic compounds of each material used during the 12-month period ending on that month;
(C) the quantity of each hazardous air pollutant in pounds per gallon of each material used;
(D) the pounds of each hazardous air pollutant of each material used per month and the total pounds of each hazardous air pollutant of each material used during the 12-month period ending on that month;
(E) the quantity of all hazardous air pollutants in pounds per gallon of each material used; and
(F) the pounds of all hazardous air pollutants of each material used per month and the total pounds of all hazardous air pollutants of each material used during the 12-month period ending on that month; and
(2) submit to the Director each quarter, or more frequently if required by a permit condition, a report summarizing emissions of volatile organic compounds and hazardous air pollutants containing the following:
(A) the pounds volatile organic compounds used:
(i) for each month during the quarter; and
(ii) for each 12-month period ending on each month during the quarter using the 12-month rolling average method;
(B) the greatest quantity in pounds of an individual hazardous air pollutant used:
(i) for each month during the quarter; and
(ii) for each 12-month period ending on each month during the quarter using the 12-month rolling average method; and
(C) the pounds of all hazardous air pollutants used:
(i) for each month during the quarter; and
(ii) for each 12-month period ending on each month during the quarter using the 12-month rolling average method.
(i) The owner or operator of a facility whose potential emissions:
(1) of volatile organic compounds are less than 75 tons per year;
(2) of each hazardous air pollutant is less than 7.5 tons per year, and
(3) of all hazardous air pollutants combined are less than 18 tons per year,
shall maintain records and submit reports as described in Paragraphs (j) and (k) of this Rule.
(j) For facilities governed by Paragraph (i) of this Rule, the owner or operator shall submit to the regional supervisors of the appropriate Division regional office by March 1 of each year, or more frequently if required by a permit condition, a report summarizing emissions of volatile organic compounds and hazardous air pollutants containing the following:
(1) the number of pounds of volatile organic compounds used during the previous calendar year;
(2) the number of pounds of the highest individual hazardous air pollutant used during the previous year; and
(3) the number of pounds of all hazardous air pollutants used during the previous year.
(k) In addition to the specific reporting requirements for sources governed by Paragraphs (g) and (i) of this Rule, the owner or operator of the source shall:
(1) maintain purchase orders and invoices of materials containing volatile organic compounds, which shall be made available to the Director upon request;
(2) retain purchase orders and invoices for a period of at least three years;
(3) report to the Director any exceedance of a requirement of this Rule within one week of occurrence; and
(4) certify all submittals as to the truth, completeness, and accuracy of all information recorded and reported over the signature of a responsible official as defined in 15A NCAC 02Q .0303.
(l) Copies of all records required to be maintained pursuant to Paragraphs (h), (j) or (k) of this Rule shall be maintained at the facility and shall be available for inspection by personnel of the Division.
(m) The Director shall maintain a list of facilities governed by this Rule.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; April 1, 1999;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0804 DRY CLEANING FACILITIES
(a) For the purpose of this Rule, the following definitions shall apply:
(1) "Dry cleaning facility" means an establishment with one or more dry cleaning systems as defined in 40 CFR 63.321.
(2) "Perchloroethylene consumption" means the total volume of perchloroethylene purchased based upon purchase receipts or other reliable measures.
(b) Potential emissions from dry cleaning facilities shall be determined using perchloroethylene consumption.
(c) A dry cleaning facility that has a yearly perchloroethylene consumption as determined pursuant to 40 CFR 63.323(d) of less than 10 tons shall be exempt from the requirements of 15A NCAC 02Q .0500.
(d) The owner or operator of a dry cleaning facility shall report perchloroethylene consumption in accordance with 40 CFR 63.324.
(e) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Readopted Eff. April 1, 2018.
15a ncac 02q .0805 GRAIN ELEVATORS
(a) This Rule shall apply to grain elevators that only:
(1) receive grain directly from the farm; and
(2) clean, dry, grind, or store grain before it is transported elsewhere.
(b) This Rule shall not apply to:
(1) facilities that process grain beyond cleaning, drying, or grinding; or
(2) facilities that use:
(A) tunnel belts; or
(B) head houses and elevator legs vented to cyclonic control devices.
(c) Potential emissions from grain elevators shall be determined using tons of grain received or shipped, whichever is greater.
(d) A grain elevator that receives or ships less than 588,000 tons of grain per year shall be exempt from the requirements of 15A NCAC 02Q .0500.
(e) The owner or operator of a grain elevator that receives or ships:
(1) less than 392,000 tons of grain per year shall retain records of annual tons of grain received or shipped at the site. These records shall be made available to Division personnel upon request of the Division; or
(2) at least 392,000 but less than 588,000 tons of grain per year shall retain records of annual tons of grain received or shipped at the site and shall submit to the regional supervisor of the appropriate Division regional office, by March 1 of each year, a report containing the following information:
(A) the name and location of the grain elevator;
(B) the number of tons of grain received and shipped during the previous calendar year; and
(C) the signature of a responsible official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report.
(f) The owner or operator of the grain elevator exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of annual tons of grain received or shipped to the Director upon request. The owner or operator of a grain elevator exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document annual tons of grain received or shipped for each of the previous three years.
(g) For facilities governed by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0806 COTTON GINS
(a) Potential emissions from cotton gins shall be determined using number of bales of cotton, not exceeding 500 pounds each, produced.
(b) A cotton gin that gins less than 167,000 bales of cotton per year shall be exempt from the requirements of 15A NCAC 02Q .0500.
(c) The owner or operator of a cotton gin exempted by this Rule from 15A NCAC 02Q .0500 shall submit to the regional supervisor of the appropriate Division regional office, by March 1 of each year, a report containing the following information:
(1) the name and location of the cotton gin;
(2) the number of bales of cotton produced during the previous year; and
(3) the signature of a responsible official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report.
(d) The owner or operator of a cotton gin exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of the number of bales produced to the Director upon request. The owner or operator of a cotton gin exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document number of bales of cotton produced for each of the previous three years.
(e) If the number of bales specified in Paragraph (b) of this Rule are exceeded, the owner or operator shall report to the Director this event within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. June 1, 2004; April 1, 2001; July 1, 1998;
Readopted Eff. April 1, 2018.
15A ncac 02q .0807 EMERGENCY GENERATORS
(a) This Rule shall apply to facilities whose only sources requiring a permit are one or more emergency generators or emergency use internal combustion engines and associated fuel storage tanks.
(b) For the purposes of this Rule:
(1) "Emergency generator" means a stationary internal combustion engine used to generate electricity at the facility only during the loss of primary power that is beyond the control of the owner or operator of the facility or during maintenance if necessary to protect the environment. An emergency generator may be operated periodically to ensure that it will operate.
(2) "Emergency use internal combustion engines" means stationary internal combustion engines used to drive pumps, aerators, and other equipment at the facility only during the loss of primary power that is beyond the control of the owner or operator of the facility or during maintenance if necessary to protect the environment. An emergency use internal combustion engine may be operated periodically to ensure that it will operate.
(c) For the purposes of this Rule, potential emissions from emergency generators and emergency use internal combustion engines shall be determined using fuel consumption.
(d) A facility whose emergency generators and emergency use internal combustion engines that consume less than:
(1) 322,000 gallons per year of diesel fuel for diesel-powered generators;
(2) 62,500,000 cubic feet per year of natural gas for natural gas-powered generators;
(3) 1,440,000 gallons per year of liquefied petroleum gas for liquefied petroleum gas-powered generators; and
(4) 50,800 gallons per year of gasoline for gasoline-powered generators,
shall be exempt from the requirements of 15A NCAC 02Q .0500.
(e) The owner or operator of a emergency generator or emergency use internal combustion engine exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall submit to the regional supervisor of the appropriate Division regional office by March 1 of each year a report containing the following information:
(1) the name and location of the facility;
(2) the types and quantity of fuel consumed by emergency generators and emergency use internal combustion engines; and
(3) the signature of the responsible official, as defined in 15A NCAC 02Q .0303, certifying as to the truth and accuracy of the report.
(f) The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of types and quantities of fuel consumed to the Director upon request. The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document types and quantities of fuels consumed for each of the previous three years.
(g) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; July 1, 1998;
Readopted Eff. April 1, 2018.
15A NCac 02q .0808 PEAK SHAVING GENERATORS
(a) This Rule shall apply to facilities whose only sources requiring a permit are one or more peak shaving generators and their associated fuel storage tanks.
(b) For the purpose of this Rule, potential emissions shall be determined using actual total fuel consumption.
(c) A facility whose total fuel consumption by one or more peak shaving generators shall be exempt from the requirements of 15A NCAC 02Q .0500 if the facility uses:
(1) natural gas burning turbine-driven generators that combust less than or equal to 5,625,000 therms per year;
(2) distillate oil burning turbine-driven generators that combust less than or equal to 1,496,000 gallons per year;
(3) combined fuel (natural gas and six percent or more distillate oil) burning engine-driven generators that combust less than or equal to 633,320 therms natural gas and 24,330 gallons distillate oil per year; or
(4) distillate oil burning engine-driven generators that combust less than or equal to 410,580 gallons per year.
(d) The owner or operator of a peak shaving generator exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall submit to the regional supervisor of the appropriate Division regional office, by March 1 of each year, a report containing the following information:
(1) the name and location of the facility;
(2) the number and size of all peak shaving generators located at the facility;
(3) the total number of hours of operation of all peak shaving generators located at the facility;
(4) the total amount of energy production per year from all peak shaving generators located at the facility; and
(5) the signature of a responsible official as defined in 15A NCAC 02Q .0303, certifying as to the truth and accuracy of the report.
(e) The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of number, size, number of hours of operation, and amount and type of fuel burned per calendar year from all peak shaving generators located at the facility to the Director upon request. The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document the amount of total energy production per year for the previous three years.
(f) For facilities covered by this Rule, the owner or operator shall report to the Director if the total fuel combusted by all peak shaving generators located at the facility exceeds the applicable consumption fuel limit in Paragraph (c) of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. July 1, 1999;
Amended Eff. December 1, 2005; April 1, 2001;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0809 CONCRETE BATCH PLANTS
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. June 1, 2004;
Repealed Eff. April 1, 2018.
15A NCac 02q .0810 air curtain burners
(a) This Rule shall apply to facilities whose only sources requiring a permit are one or more air curtain burners.
(b) A facility whose air curtain burners combust less than 8,100 tons of land clearing debris per year shall be exempt from the requirements of 15A NCAC 02Q .0500.
(c) The owner or operator of a air curtain burner exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall submit to the regional supervisor of the appropriate Division regional office, by March 1 of each year, a report containing the following information:
(1) the name and location of the facility;
(2) the quantity of material combusted during the previous calendar year; and
(3) the signature of a responsible official, as defined in 15A NCAC 02Q .0303, certifying as to the truth and accuracy of the report.
(d) The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of the quantity of material combusted to the Director upon request. The owner or operator of a facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document the amount of material combusted per year for the previous three years.
(e) For facilities governed by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. December 1, 2005;
Readopted Eff. April 1, 2018.
SECTION .0900 – PERMIT EXEMPTIONS
15A NCAC 02Q .0901 PURPOSE AND SCOPE
(a) The purpose of this Section is to define categories of facilities or sources that are exempt from the requirements of 15A NCAC 02Q .0300.
(b) Sources at a facility required to have a permit pursuant to 15A NCAC 02Q .0500 shall not be eligible for exemption pursuant to this Section.
(c) This Section shall not apply to activities exempted from permitting pursuant to 15A NCAC 02Q .0102.
(d) The owner or operator of a facility or source qualified to be governed pursuant to a rule in this Section who chooses not to be governed by that rule shall notify the Director in writing that he or she does not want the facility or source governed by this Section. Along with the notification, the owner or operator shall submit a permit application that meets the requirements of 15A NCAC 02Q .0300 and the Director shall act on that application pursuant to 15A NCAC 02Q .0300.
(e) To qualify for exemption pursuant to this Section, the facility or source shall comply with all the requirements in the applicable rule in this Section.
(f) If a facility or source covered in this Section is in violation of the requirements of this Section, the Director shall require that facility or source to be permitted pursuant to 15A NCAC 02Q .0300 if necessary to obtain or maintain compliance with the requirements in Subchapters 02D and 02Q of this Chapter.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. January 1, 2005;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0902 TEMPORARY CRUSHERS
(a) For the purposes of this Rule, "temporary crusher" means a crusher that will not be operated at any one facility or site for more than 12 months.
(b) This Rule applies to any temporary crusher that:
(1) crushes no more than 300,000 tons at any one facility or site;
(2) does not operate at a quarry that has an air permit issued pursuant to this Subchapter;
(3) continuously uses water spray to control emissions from the crusher; and
(4) does not operate at a facility that is required to have a mining permit issued by the Division of Energy, Mineral, and Land Resources.
(c) The owner or operator of a temporary crusher and all associated equipment shall comply with all applicable rules of Subchapter 02D, including Rules .0510 (Particulates From Sand, Gravel, Or Crushed Stone Operations), .0521 (Control Of Visible Emissions), .0524 (New Source Performance Standards, 40 CFR Part 60, Subparts OOO), .0535 (Excess Emissions Reporting And Malfunctions), .0540 (Particulates From Fugitive Non-Process Dust), and .1806 (Control and Prohibition of Odorous Emissions).
(d) The owner or operator of a temporary crusher shall not cause or allow any material to be produced, handled, transported, and stockpiled so that the ambient air quality standards for particulate matter (PM2.5, PM10, and total suspended particulates) are not exceeded beyond the property line.
(e) The owner or operator of a temporary crusher shall maintain records of the amount of material crushed by each temporary crusher.
(f) The owner or operator of a temporary crusher shall label each crusher, hopper, feeder, screen, conveyor, elevator, and generator with a permanent and unique identification number.
(g) If a source is governed by 15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO), the owner or operator of a temporary crusher shall submit to the Director notifications and test reports required pursuant to 15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO).
(h) If the Director or his or her authorized representative requests copies of notifications or testing records required pursuant to 15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO), the owner or operator of a temporary crusher shall submit the requested notifications or testing records within two business days of such a request.
(i) If the owner or operator of a crusher plans to operate a crusher at a facility or site for more than twelve months, the owner or operator shall apply for and shall have received an air quality permit issued pursuant to this Subchapter before beginning operations.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. January 1, 2005;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 2009;
Readopted Eff. April 1, 2018.
15A NCAC 02Q .0903 EMERGENCY GENERATORS and Stationary RECIPROCATING internal Combustion Engines
(a) For the purposes of this Rule, the following definitions shall apply:
(1) "Emergency generator" means an emergency stationary reciprocating internal combustion engine, as defined in 40 CFR 63.6675.
(2) "Stationary reciprocating internal combustion engine" shall be defined as set forth in 40 CFR 63.6675.
(b) This Rule shall apply to emergency generators and stationary reciprocating internal combustion engines at a facility whose only sources that would require a permit are emergency generators and stationary reciprocating internal combustion engines whose facility-wide actual emissions are less than 100 tons per calendar year of any regulated pollutant, 10 tons per calendar year of any hazardous air pollutant, or 25 tons per calendar year of any combination of hazardous air pollutants.
(c) The owner or operator of emergency generators and stationary reciprocating internal combustion engines regulated pursuant to this Rule shall comply with 15A NCAC 02D .0516, .0521, .0524, and .1111.
(d) The owner or operator of emergency generators and stationary reciprocating internal combustion engines regulated pursuant to this Rule shall provide the Director with documentation, upon request, that the emergency generators and stationary reciprocating internal combustion engines meet the applicability requirements set forth in Paragraph (b) of this Rule.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. June 1, 2008;
Amended Eff. June 13, 2016;
Readopted Eff. April 1, 2018.
SUBCHAPTER 02R – division of mitigation services
SECTION .0100 - PURPOSE AND DEFINITIONS
15A NCAC 02R .0101 PURPOSE
History Note: Authority G.S. 143-214.8; 143-214.9; 143-215.3;
Eff. August 1, 1998;
Amended Eff. July 3, 2008;
Repealed Eff. March 1, 2018.
15A NCAC 02R .0102 DEFINITIONS
The definition of any word or phrase used in this Subchapter shall be the same as given in G.S. 143, Article 21. The following words and phrases shall mean:
(1) "Aquatic resources" means wetlands, streams, lakes, rivers, springs, seeps, reservoirs, ponds, groundwater, riparian areas, and the fauna that reside within them. Aquatic resources include permanent, seasonal, flowing, standing, natural, or man-made water bodies.
(2) "Non-riparian wetlands" means Class WL wetlands as defined in 15A NCAC 02B .0101(c)(8) whose major source of water is precipitation. Examples of non-riparian wetlands include wet flats, pocosins, and ephemeral wetlands.
(3) "Riparian area" means an area that does not meet the definition of wetlands found at 15A NCAC 02B .0202 and that is located within 300 feet of any perennial or intermittent water body as shown by the most recently published version of the United States Geological Survey 1:24,000 (7.5 minute) scale topographic map (available at http:viewer.) or other site-specific data.
(4) "Riparian wetlands" means Class WL wetlands as defined in 15A NCAC 02B .0101(c)(8) whose primary source of water is ground water or surface water. Examples of riparian wetlands include freshwater marshes, swamp forests, bottomland hardwood forests, headwater forests, bog forests, mountain bogs, and seeps.
History Note: Authority G.S. 143-214.8; 143-214.9; 143-214.11; 143-215.3;
Eff. August 1, 1998;
Readopted Eff. March 1, 2018.
SECTION .0200 - BASINWIDE RESTORATION PLANS
15A NCAC 02R .0201 PURPOSE
History Note: Authority G.S. 143-214.10; 143-215.3;
Eff. August 1, 1998;
Amended Eff. July 3, 2008;
Repealed Eff. March 1, 2018.
15A NCAC 02R .0202 COMPONENTS
Each Basinwide Restoration Plan shall consist of the following components conducted by DMS staff and contractors:
(1) an assessment of the baseline aquatic resource functions within each 8-digit cataloging unit;
(2) an assessment of the potential functional improvement of aquatic resources within each 8-digit cataloging unit;
(3) an identification of aquatic resource areas that have the potential, if restored or enhanced, to contribute to the functional goals identified in the Basinwide Restoration Plans;
(4) an identification of aquatic resource areas that have the potential, if preserved, to contribute to the functional goals identified in the Basinwide Restoration Plans;
(5) a summary of the 8-digit cataloging unit characteristics, identification of priority ecosystem functions that have been degraded or lost, and opportunities for functional improvement; and
(6) an outline of the specific goals to be accomplished through implementation of the Basinwide Restoration Plan.
History Note: Authority G.S. 143-214.10; 143-215.3; 143-214.9;
Eff. August 1, 1998;
Readopted Eff. March 1, 2018.
15A NCAC 02R .0203 PUBLIC INVOLVEMENT; AVAILABILITY
(a) The Secretary or the Secretary's designee shall provide interested parties an opportunity to review and comment on the proposed Basinwide Restoration Plans.
(b) The Basinwide Restoration Plans shall be available for review through the Division of Mitigation Services' website at .
History Note: Authority G.S. 143-214.10; 143-215.3;
Eff. August 1, 1998;
Amended Eff. July 3, 2008;
Readopted Eff. March 1, 2018.
SECTION .0300 - COMPENSATORY MITIGATION
15A NCAC 02R .0301 GENERAL
All projects implemented for the purpose of satisfying compensatory mitigation requirements of certifications issued by the Department under 33 U.S.C. Section 1341 and permits or authorizations issued by the United States Army Corps of Engineers (Corps) under 33 U.S.C. Section 1344 shall be consistent with the Basinwide Restoration Plan for the appropriate river basin. A project shall be consistent with the Basinwide Restoration Plan if the project demonstrates that it advances the functional improvement goals identified in the Basinwide Restoration Plan or is determined to be consistent by the United States Army Corps of Engineers.
History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3;
Eff. August 1, 1998;
Readopted Eff. March 1, 2018.
15A NCAC 02R .0302 MITIGATION BANKS
All sponsors of mitigation banks that submit a prospectus to the United States Army Corps of Engineers after the effective date of this Rule shall provide the Secretary or the Secretary's designee documentation that the proposed mitigation bank is consistent with the approved Basinwide Restoration Plan for the appropriate river basin and meets the requirements of G.S. 143-214.11(f). A mitigation bank is consistent with the Basinwide Restoration Plans if the mitigation bank demonstrates that it advances the functional improvement goals identified in the Basinwide Restoration Plan, is located at a site that is otherwise consistent with the goals outlined in the Basinwide Restoration Plan for the appropriate river basin, or is approved by the United States Army Corps of Engineers. The Secretary or the Secretary's designee shall provide comments concerning this documentation through participation on the Interagency Review Team in accordance with 33 CFR Part 332 Compensatory Mitigation for Losses of Aquatic Resources. The signature of the Secretary or the Secretary's designee on the Mitigation Banking Instrument, described in 33 CFR Part 332, shall be considered as a finding by the Department that the mitigation bank is consistent with the Basinwide Restoration Plan.
History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3;
Eff. August 1, 1998;
Readopted Eff. March 1, 2018.
SECTION .0400 - ECOSYSTEM RESTORATION FUND
15A NCAC 02R .0401 PURPOSE
History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3;
Eff. August 1, 1998;
Amended Eff. July 3, 2008;
Repealed Eff. March 1, 2018.
15A NCAC 02R .0402 RATE SCHEDULE - STREAM AND WETLAND RATES FOR THE NC DIVISION OF MITIGATION SERVICES
(a) For the purposes of this Rule:
(1) "cost" or "costs" shall mean the NC Division of Mitigation Services In-Lieu Fee Mitigation Program's costs associated with stream or wetland projects in a given rate area, as described in this Rule; and
(2) "credit" or "credits" shall mean the number of credits of stream or wetland compensatory mitigation that have been:
(A) requested by the applicant; and
(B) specified in the approved certifications issued by the Department and in the permits or authorizations issued by the United States Army Corps of Engineers pursuant to 33 U.S.C. Section 1344.
(b) The in-lieu fee shall be calculated by multiplying the rate, as established in this Rule, by the total number of credits.
(c) The Program shall calculate and publish general statewide stream and wetland payment rates and premium stream and wetland rates for watersheds as identified in Paragraph (d) of this Rule. Rates shall be published on the Division's website ().
(d) Payment rates shall be developed for stream, freshwater wetland, and coastal wetland credits:
(1) Streams shall consist of classified surface waters other than wetlands as defined in 15A NCAC 02B .0202.
(2) Freshwater wetlands shall consist of Class WL wetlands as defined in 15A NCAC 02B .0101(c)(8) and shall include riparian and non-riparian wetlands.
(3) Coastal wetlands shall consist of Class SWL wetlands as defined in 15A NCAC 07H .0205.
(e) Premium Watershed Rate. The Program shall apply premium watershed rates for the following areas:
(1) Any 8-digit cataloging unit (as defined by the United States Geological Survey), mitigation service area, or smaller watershed where costs are 33 percent greater than the general statewide rate shall have a surcharge equal to the difference between the general statewide rate and the actual cost of mitigation in that mitigation service area.
(2) The initial coastal wetland rate shall be five hundred sixty thousand dollars ($560,000) per credit.
(f) Rate Adjustment Frequency. Initial rates shall be effective as of the readoption effective date of this Rule. They shall be calculated and adjusted on July 1 of each year and shall become effective on those dates. Rate adjustments shall be published on the Program's website two weeks prior to the effective date. The rate shall be adjusted within two business days if the Program suspends acceptance of payments at the current rate.
(g) Payment rates for streams and wetlands shall be determined for a rate area using the following equation and presented in per-credit values:
[pic]
Where:
(1) "Actual Project CostsPresentDay" means the sum of all full delivery project and mitigation bank credit purchase costs, adjusted for inflation, as described in this Paragraph. Only the costs of full delivery and mitigation bank credit purchase projects that were contracted within the last three years, including completed projects, terminated projects, and projects in process, shall be included in the calculation of Actual Project Costs. At the time the rate is calculated, all contracts and expenditures shall be adjusted to present-day values using the annual composite USACE Civil Works Construction Cost Index, incorporated by reference including subsequent amendments and editions. A copy of this document may be obtained at no cost at . If the USACE Civil Works Construction Cost Index is not available, the adjustment to present-day values shall be calculated using the average annual composite USACE Civil Works Construction Cost values from the previous three years;
(2) "Project costs" means the total costs associated with development of stream or wetland compensatory mitigation projects including identification, land acquisition, project design, project construction, monitoring, maintenance, and long-term stewardship;
(3) The "cost for projects in process" means the sum of expenditures of project contracts to date, contracted cost to complete existing contracts, and the projected cost of future contracts needed to complete those projects required to fulfill Program obligations in the rate area;
(4) "Actual CreditsPresentDay" means the total number of credits from Actual Project CostsPresentDay at the time of calculation. If the Actual CreditsPresentDay for an existing or completed project is reduced, the Actual CostsPresentDay for that existing or completed project shall be proportionally adjusted.
History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3;
Eff. August 1, 1998;
Amended Eff. July 18, 2008; April 1, 2003;
Readopted Eff. March 1, 2018.
15A NCAC 02R .0403 DONATION OF PROPERTY
(a) If approved by the Council of State, donations or dedications of interests in real property for the purposes of restoration, enhancement, or preservation may be accepted by the Secretary or the Secretary's designee if the property is consistent with the Basinwide Restoration Plan for the appropriate river basin subject to the factors listed in Paragraphs (b) and (c) of this Rule, or if the property interest is being donated to satisfy a condition of a certification issued by the Department pursuant to 33 U.S.C. Section 1341.
(b) The factors that shall be considered by the Secretary or the Secretary's designee in determining whether to accept donations or dedications of interests in real property for the purposes of wetland or riparian area restoration or enhancement include the following:
(1) whether the property is:
(A) adjacent to, or will become a part of, a Department compensatory mitigation project;
(B) adjacent to or includes a sensitive natural resource, as identified in the Basinwide Restoration Plan;
(C) adjacent to or includes property on which rare aquatic species, as identified by the North Carolina Natural Heritage Program in the "Natural Heritage Program List of Rare Animal Species of North Carolina" or the "Natural Heritage Program List of the Rare Plant Species of North Carolina," is known to have been found; or
(D) is adjacent to or includes a Significant Natural Heritage Area as identified by the North Carolina Natural Heritage Program at . These documents are hereby incorporated by reference, including subsequent amendments and editions. Copies of these documents may be obtained from the Department of Natural and Cultural Resources Division of Land and Water Stewardship at publications/rare-animal-list and ;
(2) whether the size of the property is at least five contiguous acres;
(3) the likelihood that the site can be successfully restored or enhanced, based on hydrology, soils, and vegetation;
(4) the intensity of activities required to successfully restore or enhance the site. Sites requiring extreme measures for successful restoration, such as removal of structures or infrastructure, shall not be accepted;
(5) the absence of cultural and historic resources;
(6) the prior, current, and future land use of the donated property and adjacent properties;
(7) the existence of federally or state-listed sensitive, endangered, or threatened species, or their critical habitat;
(8) the potential for enhancement of natural resource values of public lands;
(9) the absence of hazardous substance and solid waste;
(10) whether the property is adjacent to non-supporting, partially supporting, or support-threatened waters as designated by the Division of Water Resources pursuant to 40 CFR 131.10(a) through (g). This material is available from the Department of Environmental Quality, Division of Water Resources, at ;
(11) the absence of encumbrances and conditions on the transfer of the property interests; and
(12) whether provisions have been made by the landowner for the long-term maintenance and management of the property.
(c) The factors that shall be considered by the Secretary or the Secretary's designee in determining whether to accept donations or dedications of interests in real property for the purpose of preservation of existing wetland and riparian areas include the following:
(1) whether the property has clearly identifiable unique wetland or riparian area functions or values, such as federally or state-listed sensitive, endangered, or threatened species, or their critical habitat;
(2) the potential for enhancement of natural resource values of public lands;
(3) whether the property is:
(A) adjacent to, or will become a part of, a Department-approved restoration or preservation project;
(B) adjacent to or includes a sensitive natural resource, as identified in the Basinwide Restoration Plan;
(C) adjacent to or includes property on which rare aquatic species, as identified by the North Carolina Natural Heritage Program in the "Natural Heritage Program List of Rare Animal Species of North Carolina" or the "Natural Heritage Program List of the Rare Plant Species of North Carolina," is known to have been found; or
(D) is adjacent to or includes a Significant Natural Heritage Area as identified by the North Carolina Natural Heritage Program at . These documents are hereby incorporated by reference, including subsequent amendments and editions. Copies of these documents may be obtained from the Department of Natural and Cultural Resources Division of Land and Water Stewardship at 1651 Mail Service Center Raleigh, NC 27603 or at and references/publications/rare-plant-list;
(4) whether the size of the property is at least five contiguous acres;
(5) whether the property is under imminent threat of degradation;
(6) the prior, current, and future land use of the donated property and adjacent properties;
(7) the absence of extensive structures and infrastructure;
(8) the absence of hazardous substance and solid waste;
(9) the absence of cultural and historic resources;
(10) whether the property is adjacent to non-supporting, partially supporting, or support-threatened waters as designated by the Division of Water Resources pursuant to 40 CFR 131.10(a) through (g);
(11) the absence of encumbrances and conditions on the transfer of the property interests; and
(12) whether provisions have been made by the landowner for the long-term maintenance and management of the property.
(d) At the expense of the applicant or donor, the following information shall be submitted with any proposal for donations or dedications of interest in real property:
(1) documentation that the property meets the criteria in Paragraph (b) and (c) of this Rule;
(2) US Geologic Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated along with information on existing site conditions, vegetation types, and the presence of existing structures and easements;
(3) a current property survey performed in accordance with the requirements of the North Carolina Department of Administration, State Property Office as identified by the North Carolina Board of Examiners for Engineers and Surveyors in "Standards of Practice for Land Surveying in North Carolina," incorporated by reference including subsequent amendments and editions. Copies may be obtained at no charge from the North Carolina State Board of Examiners for Engineers and Surveyors, ;
(4) a current appraisal of the value of the property performed in accordance with the requirements of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board in the "Uniform Standards of Professional Appraisal Practice," incorporated by reference including subsequent amendments and editions. Copies may be obtained at no cost from the Appraisal Foundation, ;
(5) a title certificate; and
(6) a Phase 1 Environmental Site Assessment documenting that the property does not contain structures that present health or safety problems to the general public. If wells, septic systems, water treatment systems, or water or sewer connections exist, they shall be filled, remediated, or closed at owner's expense and in accordance with State and local health and safety regulations.
(e) In addition to the factors outlined in Paragraphs (b) through (d) of this Rule, the Secretary or the Secretary's designee shall consider the following factors when determining whether to accept a donation of interest in real property to satisfy compensatory mitigation requirements:
(1) whether restoration of the property will offset the adverse impacts of the permitted project; and
(2) whether the adverse impacts of the permitted project are within the same 8-digit cataloging unit as the property proposed for donation.
(f) Donations of interests in real property for the purpose of satisfying compensatory mitigation requirements shall only be considered for acceptance if the proposed donation offsets an impact for which an application has already been made to the United States Army Corps of Engineers under 33 U.S.C. Section 1344 or to the Department under 33 U.S.C. Section 1341.
(g) For the purposes of satisfying compensatory mitigation requirements through the donation of interests in real property requiring restoration, enhancement, or preservation, the size of property to be donated shall equal or exceed the acreage of wetland required to be mitigated under the approved permit, and every parcel shall be a minimum of five contiguous acres in size.
(h) Donation of real property interests to satisfy compensatory mitigation requirements shall be accepted only if such property meets the requirements of Paragraphs (a) through (i) of this Rule and 15A NCAC 02H .0506(h) and if it satisfies the compensatory mitigation requirements of the approved permit.
(i) The donation of conservation easements to satisfy compensatory mitigation requirements shall be accepted only if:
(1) the conservation easement is granted in perpetuity and the property to be encumbered meets the requirements of Paragraphs (a) through (j) of this Rule; or
(2) if the property interest is being donated to satisfy a condition of a certification issued by the Department pursuant to 33 U.S.C. Section 1341.
(j) Donation of interests in real property may contribute to or fulfill compensatory mitigation requirements that may be satisfied through payment of a fee according to the Rate Schedule in Rule .0402(c) of this Section. The value of the property interest shall be determined by an appraisal performed in accordance with Subparagraph (d)(4) of this Rule. The required fee as calculated in accordance with Rule .0402(c) of this Section shall be satisfied if the appraised value of the donated property interest is equal to or greater than the fee. If the appraised value of the donated property interest is less than the designated fee requirement as calculated in accordance with Rule .0402(c) of this Section, the applicant shall pay the difference between the calculated fee and the appraised value of the property interest.
History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3;
Eff. August 1, 1998;
Readopted Eff. March 1, 2018.
SECTION .0500 - WETLANDS RESTORATION FUND
15A NCAC 02R .0501 PURPOSE
15A NCAC 02R .0502 DEFINITIONS
15A NCAC 02R .0503 SCHEDULE OF FEES
15A NCAC 02R .0504 PAYMENT
History Note: Authority G.S. 143-214.11; 143-214.12;
Temporary Adoption Eff. May 6, 1997;
Repealed Eff. August 1, 1998.
SECTION .0600 – RIPARIAN BUFFER RESTORATION FUND
15A NCAC 02R .0601 RIPARIAN BUFFER MITIGATION FEES TO THE NC DIVISION OF MITIGATION SERVICES
(a) For the purposes of this Rule:
(1) "cost" or "costs" shall mean the NC Division of Mitigation Services In-Lieu Fee Mitigation Program's costs associated with riparian buffer mitigation projects in a given rate area, as described in this Rule; and
(2) "credit" or "credits" shall mean the number of credits of riparian buffer compensatory mitigation that have been:
(A) requested by the applicant; and
(B) specified in the approved certifications issued by the Department.
(b) The Program shall calculate and publish one general riparian buffer mitigation payment rate applicable to all river basins where Commission rules allow riparian buffer mitigation payments and premium rates for specific watersheds, as identified in Paragraph (c) of this Rule. Rates shall be published on the Division's website (). All rates shall be based on the costs incurred by the program in those watersheds.
(c) Premium Watershed Rates. The Program shall apply premium watershed rates to:
(1) The Randleman Lake Watershed;
(2) The Jordan Lower New Hope Watershed; and
(3) Any 8-digit cataloging unit, mitigation service area, or smaller watershed where costs are 33 percent greater than the general statewide rate shall have a surcharge equal to the difference between the general statewide rate and the actual cost of mitigation in that mitigation service area.
The initial rate for a premium watershed with fewer than two riparian buffer mitigation projects that have reached the design stage shall be the highest riparian buffer rate in effect under the Program. The initial rate shall be revised for a premium watershed in the quarter following a quarter in which at least two riparian buffer mitigation projects in that watershed have reached design stage.
(d) Rate Adjustment Frequency. Initial rates shall be effective as of the readoption effective date of this Rule. They shall be adjusted quarterly whenever the rate calculation set forth in Paragraph (e) of this Rule exceeds the existing rate by at least 10 percent. The rates shall also be adjusted annually. Annual calculations and adjusted rates shall be published by June 15 on the Program's website, , and shall become effective July 1. Any quarterly rate adjustments shall become effective on the first day of October, January, or April, as applicable, and shall be published on the same website two weeks prior to that date. The rate shall be adjusted within two business days if the Program suspends acceptance of payments at the current rate
(e) Payment rates shall be determined for a rate area using the following equation and presented in per-credit values:
[pic]
Where:
(1) Actual CostsPresentDay means the sum of all costs, adjusted for inflation, as described in this Subparagraph. Costs shall mean project costs and administrative costs and shall include the costs of completed projects, terminated projects, and projects in process. At the time the rate is set, all completed land acquisition contracts and expenditures shall be adjusted to present-day values using the current North Carolina Department of Agriculture and Consumer Services' Agricultural Statistics Farm Real Estate Values, incorporated by reference including subsequent amendments and editions. All other completed contracts and expenditures shall be adjusted to present day values using the annual composite USACE Civil Works Construction Cost Index. Future land acquisition contract costs for projects in process shall be calculated using the Program's per-credit contract costs of the same type adjusted to the inflated future value at the time the contracts will be encumbered using the North Carolina Department of Agriculture and Consumer Services' Agricultural Statistics Farm Real Estate Values. All other future contracts shall be calculated using the Program's per-credit contract costs of the same type adjusted to the inflated future value at the time the contracts will be encumbered using the current composite USACE Civil Works Construction Cost Index. For projects in process where the contract type has not been determined, the cost of the project shall be calculated using the Program's average per credit cost adjusted to the future inflated value when the project will be initiated. Future year annual inflation rates shall be drawn from the USACE Civil Works Construction Cost Index. If not available from either source, future year annual inflation rates shall be calculated using the average annual percentage change over the last three-year period;
(2) As used in this Rule:
(A) "Project Costs" means the total costs associated with development of riparian buffer mitigation projects including identification, land acquisition, project design, project construction, monitoring, maintenance, and long-term stewardship.
(B) "Administrative Costs" means costs associated with administration of the Program including staffing, supplies and rent.
(C) The "cost for projects in process" means the sum of expenditures of project contracts to date, contracted cost to complete existing contracts, and the projected cost of future contracts needed to complete those projects required to fulfill Program riparian buffer mitigation obligations in the rate area.
(D) "Total Riparian Buffer CreditsPresentDay" means the total amount of credits provided by projects in the rate area at the time of calculation. If the Total Riparian Buffer CreditsPresentDay for an existing or completed project is reduced, the Actual CostsPresentDay for that existing or completed project shall be proportionally adjusted;
(3) The Adjustment Factor shall be applied only in those calculation periods where actual costs are calculated to be greater than actual receipts.
[pic]
The Adjustment Factor shall not comprise more than 60 percent of the overall rate;
(A) "Actual Costs" shall be the same as Actual CostsPresentDay as defined in Subparagraph (1) of this Paragraph, except that the existing contracts and completed land acquisitions shall not be adjusted for inflation.
(B) "Actual Receipts" means the sum of all riparian buffer mitigation payments made to the Program in the rate area at the time of calculation.
(C) "Number of Riparian Buffer Credits Paid During Adjustment Period" means the average number of riparian buffer mitigation credits paid to the Program over the last three years in the rate area, multiplied by the adjustment period. If no payments have been made to the Program in a rate area the number of credits paid shall be 435,600 riparian buffer credits until greater than 435,600 riparian buffer credits have been purchased in that rate area.
(4) Adjustment Period shall be one to four years determined as follows for a rate area.
(A) One year if Actual Costs exceed Actual Receipts by less than five percent.
(B) Two years if Actual Costs exceed Actual Receipts by 5 percent or more but less than 15 percent.
(C) Three years if Actual Costs exceed Actual Receipts by 15 percent or more but less than 25 percent.
(D) Four years if Actual Costs exceed Actual Receipts by 25 percent or more.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.5(i); 143-214.7; 143-214.12; 143-214.21; 143-215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143-215.8B; 143B-282(c); 143B-282(d);
Eff. August 11, 2009;
Amended Eff. May 1, 2015;
Transferred from 15A NCAC 02B .0269 Eff. May 1, 2015;
Readopted Eff. March 1, 2018.
15A NCAC 02R .0602 NUTRIENT OFFSET PAYMENT RATES FOR THE nc Division of mitigation services
(a) For the purposes of this Rule, the term "cost" or "costs" means the costs of the NC Division of Mitigation Services, hereinafter in this Rule the "Program," associated with nutrient offset projects in a given rate area, as described in this Rule.
(b) The Program shall calculate and publish general offset payment rates applicable to each river basin where Commission rules allow such nutrient offsets and premium watershed rates for specific watersheds as identified in Paragraph (d) of this Rule. All rates shall be based on the per-pound nutrient reduction costs incurred by the Program in those watersheds.
(c) Payment rates shall be developed for nitrogen, phosphorus, or other nutrients as dictated by Commission rules for each river basin. Rates shall be published on the Division's website ( divisions/mitigation-services).
(d) Premium Watershed Rates. The Program shall apply premium watershed rates to:
(1) The Neuse 03020201 cataloging unit below the Falls watershed, the Jordan Lake watershed, and the Falls Lake watershed; and
(2) Any eight-digit cataloging unit or smaller watershed that is subject to nutrient management rules where costs are 33 percent greater than costs in the larger watershed or river basin where that cataloging unit is located.
The initial rate for a premium watershed with fewer than two nutrient reduction projects that have reached the design stage shall be the highest rate in effect under the Program for the applicable nutrient. The initial rate shall be revised for a premium watershed in the quarter following a quarter in which at least two nutrient reduction projects in that watershed have reached design stage.
(e) Once an area has been established as an area with premium watershed rates, it shall remain a premium watershed rate area.
(f) Rate Adjustment Frequency. Rates shall be adjusted quarterly whenever the rate calculation set forth in Paragraph (g) of this Rule exceeds the existing rate by at least 10 percent. The rates shall also be adjusted annually. Annual calculations and adjusted rates shall be published by June 15 on the Program's website , and shall become effective July 1. Any quarterly rate adjustments shall become effective on the first day of October, January, or April, as applicable, and shall be published on the same website two weeks prior to that date. The rate shall be adjusted within two business days if the Program suspends acceptance of payments at the current rate pursuant to 15A NCAC 02B .0240(e)(2).
(g) Payment rates for each nutrient shall be determined for a rate area using the following equation and presented in per-pound values:
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Where:
(1) "Actual CostsPresentDay" means the sum of all costs adjusted for inflation as described in this Subparagraph. Costs shall mean project costs and administrative costs and shall include the costs of completed projects, terminated projects, and projects in process. At the time the rate is set, all completed land acquisition contracts and expenditures shall be adjusted to present-day values using the current North Carolina Department of Agriculture and Consumer Services' Agricultural Statistics Farm Real Estate Values. All other completed contracts and expenditures shall be adjusted to present-day values using the annual composite USACE Civil Works Construction Cost Index. Future land acquisition contract costs for projects in process shall be calculated using the Program's per-credit contract costs of the same type adjusted to the inflated future value at the time the contracts will be encumbered using the North Carolina Department of Agriculture and Consumer Services' Agricultural Statistics Farm Real Estate Values. All other future contracts shall be calculated using the Program's per-credit contract costs of the same type adjusted to the inflated future value at the time the contracts will be encumbered using the current composite USACE Civil Works Construction Cost Index. For projects in process where the contract type has not been determined, the cost of the project shall be calculated using the Program's average per pound cost adjusted to the future inflated value at the time the project will be initiated. Future year annual inflation rates shall be drawn from the USACE Civil Works Construction Cost Index. If not available from either source, they shall be calculated using the average annual percentage change over the last three-year period;
(2) As used in this Rule:
(A) "Project Costs" means the total costs associated with development of nutrient reduction projects including identification, land acquisition, project design, project construction, monitoring, maintenance, and long-term stewardship;
(B) "Administrative Costs" means costs associated with administration of the Program including staffing, supplies, and rent; and
(C) The "costs for projects in process" means the sum of expenditures of project contracts to date, contracted cost to complete existing contracts, and the projected cost of future contracts needed to complete those projects required to fulfill Program nutrient reduction obligations in the rate area;
(3) "Total Pounds OffsetPresentDay" means the total number of pounds of a nutrient reduced by the Program's projects in the rate area at the time of calculation. If the Total Pounds OffsetPresentDay for an existing or completed project is reduced, the Actual CostsPresentDay for that existing or completed project shall be proportionally adjusted:
(A) The Adjustment Factor shall be calculated using the following formula:
[pic]
The Adjustment Factor shall be applied only in those calculation periods where actual costs are calculated to be greater than actual receipts. The Adjustment Factor shall not comprise more than 60 percent of the overall rate;
(B) "Actual Costs" shall be the same as Actual CostsPresentDay as defined in Subparagraph (1) of this Paragraph, except that the existing contracts and completed land acquisitions are not adjusted for inflation;
(C) "Actual Receipts" means the sum of all offset payments made to the Program in the rate area at the time of calculation; and
(D) "Number of Pounds Paid during Adjustment Period" means the average number of pounds of a nutrient paid to the Program over the last three years in the rate area multiplied by the adjustment period. If no payments have been made to the Program in a rate area, the number of pounds paid shall be 1,000 pounds until greater than 1,000 pounds have been purchased in that rate area.
(4) Adjustment Period shall be one to four years, determined as follows for a rate area:
(A) One year if Actual Costs exceed Actual Receipts by less than five percent;
(B) Two years if Actual Costs exceed Actual Receipts by five percent or more but less than 15 percent;
(C) Three years if Actual Costs exceed Actual Receipts by 15 percent or more but less than 25 percent; and
(D) Four years if Actual Costs exceed Actual Receipts by 25 percent or more.
(h) If individual projects produce more than one type of nutrient reduction, the project costs shall be prorated for each nutrient being offset by the project.
(i) If an applicant is required to reduce more than one nutrient type and chooses to use the Program to offset nutrients, the applicant shall make a payment pursuant to 15A NCAC 02B .0240(e)(3) for each nutrient type.
History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; S.L. 1995-572; S.L. 2006-215; S.L. 2007-438; S.L. 2009-337; S.L. 2009-484; S.L. 2009-486;
Eff. September 1, 2010;
Transferred from 15A NCAC 02B .0274 Eff. May 1, 2015;
Readopted Eff. March 1, 2018.
SUBCHAPTER 02S – RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND
SECTION .0100 – GENERAL CONSIDERATIONS
15A NCAC 02S .0101 SCOPE AND PURPOSE
The purpose of this Subchapter is to establish the criteria for determining eligibility for certification into the North Carolina Dry-Cleaning Solvent Cleanup Fund program, minimum management practices, a risk-based approach for assessment and remediation of certified facilities, and the criteria for the disbursement of funds from the North Carolina Dry-Cleaning Solvent Cleanup Fund.
History Note: Authority G.S. 143-215.104D(b); 143-215.104F; 143-215.104N;
Eff. August 1, 2000;
Amended Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0102 DEFINITIONS
The definition of any word or phrase used in this Subchapter shall be the same as given in G.S. 143-215.104B and the following words and phrases shall have the following meanings:
(1) "Act" means the Dry-Cleaning Solvent Cleanup Act of 1997.
(2) "Apparel and household fabrics" means apparel and fabrics that have been purchased at retail or have been purchased at wholesale for rental at retail.
(3) "Business" means "business" as defined in G.S. 59-102.
(4) "Chemicals of concern" means the specific compounds and their breakdown products that are identified for evaluation in the risk-based corrective action process. Identification may be based on their historical and current use at the site, detected concentrations in environmental media, and their mobility, toxicity, and persistence in the environment.
(5) "Closed container solvent transfer system" means a device or system designed to fill a dry-cleaning machine with dry-cleaning solvent through a mechanical valve or sealed coupling in order to prevent spills or other loss of solvent liquids or vapors to the environment.
(6) "Complete exposure pathway" means an exposure pathway where a chemical of concern has reached a receptor.
(7) "Contaminated site" or "site" means the area defined by the current and future location of the chemicals of concern from a facility or abandoned site. A contaminated site may be an entire property or facility, a defined area or portion of a facility or property, or multiple facilities or properties.
(8) "Discovery Site" means the physical site or area where dry-cleaning solvent contamination has been discovered. A discovery site may or may not be the same property as the facility site.
(9) "Division" means the Division of Waste Management of the Department of Environmental Quality.
(10) "Dry-Cleaning Business" means a business having engaged in dry-cleaning operations or the operation of a wholesale distribution facility at a facility site.
(11) "Environmental media" means soil, sediment, surface water, groundwater, air, or other physical substance.
(12) "Engineering controls" means physical modifications to a site to reduce or eliminate the potential for exposure to chemicals of concern.
(13) "Exposure pathway" means the course that a chemical of concern takes or may take from a source area to a receptor. Each exposure pathway includes a source or release from a source of a chemical of concern, a point of exposure, an exposure route, and the receptor.
(14) "Facility site" means the physical location of a dry-cleaning facility, a wholesale distribution facility, or an abandoned site.
(15) "Hazard Index" means the sum of two or more hazard quotients for chemicals of concern or multiple exposure pathways to a particular receptor.
(16) "Hazard quotient" means the ratio of level of exposure of a chemical of concern over a specified time period to a reference dose for that chemical of concern derived for a similar exposure period.
(17) "Individual excess lifetime cancer risk" means the increase over background in an individual's probability of getting cancer over a lifetime due to exposure to a chemical.
(18) "Institutional controls" means nonengineered measures, including land-use restrictions, used to prevent unsafe exposure to contamination.
(19) "Material impervious to dry-cleaning solvent" means a material that has been certified by the manufacturer or an independent testing laboratory to maintain its chemical and structural integrity in the presence of the applicable dry-cleaning solvent and prevent the movement of dry-cleaning solvent for a period of a least 72 hours.
(20) "Monitored natural attenuation" means an approach to the reduction in the concentration of chemicals of concern in environmental media due to naturally occurring physical, chemical, and biological processes.
(21) "Non-residential land use" means a use that is not a residential land use.
(22) "Number of full time employees" means the number of full-time equivalent employees employed by a person who owns a dry-cleaning facility, as calculated pursuant to 15A NCAC 02S .0103.
(23) "Person" means "person" as defined in G.S. 143-215.77(13).
(24) "Petitioner" means a potentially responsible party who submits a petition for certification of a facility site.
(25) "Point of demonstration" means the location selected between the source area and a point of exposure where levels of chemicals of concern are measured to ensure that site-specific target levels are being met.
(26) "Point of exposure" means the location at which an individual or population may come in contact with a chemical of concern originating from a site.
(27) "Receptor" means any human, plant, or animal that is, or has the potential to be, adversely affected by the release or migration of chemicals of concern.
(28) "Reference dose" means a toxicity value for evaluating potential non-carcinogenic effects in humans resulting from exposure to a chemical of concern.
(29) "Remedial action plan" means a plan that outlines activities to be undertaken to clean up a contaminated site and to reduce or eliminate current or potential exposures to receptors.
(30) "Representative concentrations" means a typical or average concentration to which the receptor is exposed over the specified exposure duration, within a specified geographical area, and for a specific route of exposure.
(31) "Residential land use" means use for human habitation, including dwellings such as single family houses and multi-family apartments, children's homes, nursing homes, and residential portions of government-owned lands (local, State or federal). Because of the similarity of exposure potential and the sensitive nature of the potentially exposed human population, use for day care facilities, educational facilities, hospitals, and parks (local, State or federal) shall be considered residential land use for the purpose of land use classification.
(32) "Risk-based screening level" means chemical-specific, risk-based values for chemicals of concern that are protective of human health. The risk-based screening levels shall be as follows:
(a) For known or suspected carcinogens, except for those chemicals of concern that have groundwater standards or interim standards established in 15A NCAC 02L, risk-based screening levels shall be established for each chemical of concern at exposures that represent an individual excess lifetime cancer risk of one in 1,000,000.
(b) For systemic toxicants, except for those chemicals of concern that have groundwater standards or interim standards established in 15A NCAC 02L, risk-based screening levels shall be established using a hazard quotient for each chemical of concern of 0.2.
(c) For chemicals of concern in groundwater that have 15A NCAC 02L standards, the risk-based screening level shall be the standards and interim standards established in 15A NCAC 02L.
(33) "Site-specific target level" means risk-based values for chemicals of concern that are protective of human health for specified exposure pathways and are derived from a consideration of site-specific information. The site-specific target levels shall be consistent with the Department's risk-based corrective action standards under G.S. 130A-310.68.
(34) "Source" means non-aqueous phase liquid chemical, the locations of highest soil or ground water concentrations of the chemicals of concern, or the location releasing the chemical of concern.
(35) "Systemic toxicant" means a substance or agent that may enter the human body and have an adverse health effect other than causing cancer.
(36) "Unsaturated zone" means that part of the subsurface where interconnected voids are not all filled with water.
History Note: Authority G.S. 143-215.104B; 143-215.104D(b);
Eff. August 1, 2000;
Temporary Amendment Eff. June 1, 2001;
Amended Eff. October 1, 2007; August 1, 2002;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0103 CALCULATION OF FULL TIME EQUIVALENT EMPLOYMENT
(a) This Rule governs the calculation of the number of full-time equivalent employees employed by a person who owns a dry-cleaning facility. For the purposes of this Rule, the person who owns the dry-cleaning facility shall be referred to as the "facility owner." If the dry-cleaning facility is jointly owned by more than one person, the full-time equivalent employment associated with the dry-cleaning facility shall be the number of full-time equivalent employees employed in activities related to dry-cleaning by all persons with an ownership interest in the dry-cleaning facility.
(b) The number of full-time employees employed by a facility owner in activities related to dry-cleaning operations shall be the sum of the following:
(1) The number of salaried employees employed by the facility owner in activities related to dry-cleaning operations;
(2) The total number of hours worked in the previous calendar year by non-salaried employees employed by the facility owner in activities related to dry-cleaning operations divided by 2080; and
(3) The lesser of:
(A) the number of persons who hold ownership interests in the dry-cleaning facility, but are not included in Subparagraphs (1) or (2) of this Rule, and who perform activities related to dry-cleaning operations at a dry-cleaning facility in which the persons have ownership interests; or
(B) the total number of hours worked by such persons divided by 2080.
(c) If a facility owner was not engaged in the operation of dry-cleaning facilities during the entire calendar year for which full-time equivalent employment is being calculated, then the number in Subparagraph (b)(2) of this Rule shall be prorated according to the number of weeks, or partial weeks, during the previous calendar year that the facility owner was engaged in the operation of such dry-cleaning facilities.
(d) For the purposes of this Section, an employee shall be considered to be employed in activities related to dry-cleaning operations if the employee's duties include any of the following activities:
(1) The provision of dry-cleaning or laundry services, including collecting, cleaning, pressing, altering, repairing, packaging, handling, or delivering of items of apparel or household fabrics for which dry-cleaning or laundry services are provided;
(2) The supervision of employees involved in the provision of dry-cleaning or laundry services as described in Subparagraph (d)(1) of this Rule;
(3) The maintenance or operation of physical facilities used to provide dry-cleaning or laundry services as described in Subparagraph (d)(1) of this Rule; or
(4) The management, including accounting, financial, human resource, or other support functions, of the business providing dry-cleaning or laundry services as described in Subparagraph (d)(1) of this Rule.
History Note: Authority G.S. 143-215.104D(b); 150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.
SECTION .0200 – MINIMUM MANAGEMENT PRACTICES
15A NCAC 02S .0201 APPLICABILITY
The provisions contained in this Section set forth the minimum management practices for the storage and handling of dry-cleaning solvents required to be implemented at all dry-cleaning facilities, dry-cleaning solvent wholesale distribution facilities, and abandoned sites. The provisions contained in this Section are applicable only to owners and operators of dry-cleaning facilities, dry-cleaning solvent wholesale distribution facilities, and abandoned sites.
History Note: Authority G.S. 143-215.104D(b);
Eff. August 1, 2000;
Amended Eff. August 1, 2002;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0202 REQUIRED MINIMUM MANAGEMENT PRACTICES
(a) No abandoned sites shall use underground storage tanks for solvents or waste.
(b) All dry-cleaning facilities and wholesale distribution facilities shall comply with the following minimum management practices:
(1) At no time shall any dry-cleaning solvent, wastes containing dry-cleaning solvent, or water containing dry-cleaning solvent be discharged onto land or into waters of the State, sanitary sewers, storm drains, floor drains, septic systems, boilers, or cooling- towers. All invoices generated as a result of disposal of all dry-cleaning solvent waste shall be made available for review upon request by the Department. If a dry-cleaning facility uses devices such as atomizers, evaporators, carbon filters, or other equipment for the treatment of wastewater containing solvent, all records, including invoices for the purchase, maintenance, and service of the devices, shall be made available upon request by the Department. Records shall be kept for a period of three years.
(2) Spill containment shall be installed and maintained under and around dry-cleaning machines, filters, dry-cleaning solvent pumps, stills, vapor adsorbers, solvent storage areas, and waste solvent storage areas. Spill containment shall have a volumetric capacity of 110 percent of the largest vessel, tank, or container within the spill containment area and shall be capable of preventing the release of the liquid dry-cleaning solvent beyond the spill containment area for a period of at least 72 hours. All floor drains within or beneath the spill containment area shall be removed or sealed with materials impervious to dry-cleaning solvents. Emergency adsorbent spill clean-up materials shall be on the premises. Facilities shall maintain an emergency response plan that is in compliance with federal, State and local requirements.
(3) All perchloroethylene dry-cleaning machines installed at a dry-cleaning facility after August 1, 2000, shall meet air emissions that equal or exceed the standards that apply to a comparable dry-to-dry perchloroethylene dry-cleaning machine with an integrated refrigerated condenser. All perchloroethylene dry-cleaning facilities shall be in compliance with the EPA Perchloroethylene Dry Cleaner NESHAP: 40 CFR, Part 63, Subpart M to be eligible for certification.
(4) Facilities that use perchloroethylene shall use a closed container solvent transfer system by January 1, 2002.
(5) No dry-cleaning facility shall use underground storage tanks for solvents or waste.
History Note: Authority G.S. 143-215.104D(b);
Eff. August 1, 2000;
Temporary Amendment Eff. June 1, 2001;
Amended Eff. August 1, 2002;
Readopted Eff. September 1, 2018.
SECTION .0300 - PETITIONS FOR CERTIFICATION
15A NCAC 02S .0301 FILING
(a) Any potentially responsible party petitioning for certification of a facility site shall file a petition with the Division using the DSCA Petitioner Questionnaire Form provided by the Division. The petition shall include a laboratory analysis demonstrating the presence of dry-cleaning solvent in environmental media at the discovery site. In addition to the requirements of G.S. 143-215.104F(b), the DSCA Petitioner Questionnaire Form shall include the following:
(1) petitioner contact information, their corporate status, and their relationship to the facility site;
(2) property owner contact information;
(3) location of the facility site;
(4) status of the facility; and
(5) facility size pursuant to 15A NCAC 02S .0103.
(b) Petition forms may be obtained from the Dry-Cleaning Solvent Cleanup Act Program of the Superfund Section of the Division at .
History Note: Authority G.S. 143-215.104D(b); 143-215.104F; 143-215.104G;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0302 OTHER POTENTIALLY RESPONSIBLE PARTIES
(a) After receiving a petition, the Division may notify other potentially responsible parties that a petition has been filed.
(b) The Division may request from any potentially responsible party that has not petitioned for certification of the facility site additional information concerning the dry-cleaning business, the discovery site, or the facility site. The Division may refuse to enter into an assessment or remediation agreement with any potentially responsible party that:
(1) Fails to provide within 60 days any additional information requested by the Division that is in the possession or control of the party, or
(2) Fails or refuses to cooperate in the assessment or remediation of the facility site or the discovery site.
The time for responding to requests for additional information described in this Rule shall be measured from the date a request for information is received by the potentially responsible party from whom the information is requested.
History Note: Authority G.S. 143-215.104D(b); 150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.
SECTION .0400 – ASSESSMENT AGREEMENTS
15A NCAC 02S .0401 PRIORITIZATION ASSESSMENT
History Note: Authority G.S. 143-215.104D(b); 150B-21.2;
Temporary Adoption Eff. June 1, 2001;
Eff. August 1, 2002;
Repealed Eff. September 1, 2007.
SECTION .0500 – RISK-BASED CORRECTIVE ACTION
15A NCAC 02S .0501 PURPOSE AND APPLICABILITY
The purpose of this Section is to establish a risk-based corrective action approach for assessment and remediation of contamination at certified dry-cleaning facilities or abandoned sites. This Rule applies to risk-based corrective action undertaken pursuant to the terms of assessment and remediation agreements between petitioners and the Division.
History Note: Authority G.S. 143-215.104D; 143-215.104H; 143-215.104I;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0502 ABATEMENT OF IMMINENT HAZARD
If the Division determines from factors such as chemical concentrations, exposure pathways, and receptors that contamination or conditions at a site constitute an imminent hazard as defined in G.S. 143-215.104B(b)(16), the Division shall require the development and implementation of a plan to abate the imminent hazard. Actions taken to abate the imminent hazard may include alternate sources of drinking water, soil excavation, vapor mitigation, and well abandonment.
History Note: Authority G.S. 143-215.104C; 143-215.104D; 143-215.104N;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0503 Prioritization of certified facilities and sites
(a) The Division shall determine the priority ranking of certified facilities and abandoned sites for the initiation and scheduling of assessment and remediation activities.
(b) The Division shall consider the following factors in determining the priority ranking of a facility or site:
(1) proximity of contamination to public and private water supply wells and surface water;
(2) existing or potential impacts to public and private water supply wells and surface water;
(3) existing or potential vapors from contamination entering buildings and other structures;
(4) existing or potential exposure to contaminated soils;
(5) the degree of contamination in soil, groundwater, and surface water; and
(6) any other factor relevant to the degree of harm or risk to public health and the environment posed by the existence or migration of contamination at the facility or site.
(c) The priority ranking of facilities and sites shall be revised annually to reflect updated information.
History Note: Authority G.S. 143-215.104C; 143-215.104D;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0504 CONTAMINATED SITE CHARACTERIZATION
(a) A site assessment shall describe:
(1) The source, types and levels of contamination at the site;
(2) Any immediate actions required to abate any imminent hazard to public health, safety, or welfare or the environment;
(3) All receptors and exposure pathways;
(4) The horizontal and vertical extent of soil and groundwater contamination;
(5) The geology and hydrogeology of the contaminated site, and features influencing the movement, chemical, and physical character of the chemicals of concern;
(6) The current and anticipated uses of property and groundwater at the site.
(b) The Division shall determine the scope of any assessment necessary to adequately characterize a site.
History Note: Authority G.S. 143-215.104C; 143-215.104D; 150B-21.2;
Eff. September 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.
15A NCAC 02S .0505 PRELIMINARY SOURCE REMOVAL
The Division may authorize the performance of preliminary source removal at a site that does not present an imminent hazard as set forth in 15A NCAC 02S .0502 prior to approval of a remedial action plan if the Division determines that:
(1) The removal would eliminate or significantly reduce a continuing source of contamination at the site, thereby reducing the risk to public health and the environment;
(2) Current conditions at the site allow the removal to be conducted in a manner that will result in cost savings to the Fund; and
(3) There is sufficient money in the Fund to pay for the removal and funding is appropriate based on the relative priority of the site.
History Note: Authority G.S. 143-215.104D(b)(3); 150B-21.2;
Eff. September 1, 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.
15A NCAC 02S .0506 TIERED RISK ASSESSMENT
(a) A tiered risk assessment shall be conducted to establish risk-based screening levels or site-specific target levels for a site.
(b) A site conceptual model shall be developed including the following elements:
(1) the type and distribution of chemicals of concern;
(2) the geology and hydrogeology;
(3) an exposure model that identifies the receptors, including sensitive subgroups, and the exposure pathways; and
(4) land use classification as either residential or non-residential.
(c) Tier 1. A Tier 1 risk assessment is based on chemical-specific risk-based screening levels. The representative concentrations of chemicals of concern that exist at a site shall be compared to these risk-based screening levels for all complete and potentially complete exposure pathways. If the concentrations exceed the risk-based screening levels, the Division may require remediation of the site to risk-based screening levels or the performance of a Tier 2 risk assessment to establish site-specific target levels. Factors considered by the Division when determining if remediation or a Tier 2 assessment is warranted shall include:
(1) whether the assumptions on which the risk-based screening levels are based are representative of the site-specific conditions;
(2) whether the site-specific target levels developed under Tier 2 either are likely to be different than the risk-based screening levels or will modify remediation activities; or
(3) whether the cost of remediation to achieve risk-based screening levels will likely be greater than the cost of further tier evaluation and subsequent remediation.
(d) Tier 2. A Tier 2 assessment shall allow consideration of site-specific information in order to calculate site-specific target levels. This information includes the locations of actual points of exposure and points of demonstration as well as site-specific geologic, hydrogeologic, and contaminant fate and transport parameters. The representative concentrations of chemicals of concern that exist at a site shall be compared to these Tier 2 site-specific target levels for all complete and potentially complete exposure pathways. If the concentrations exceed the Tier 2 site-specific target levels, the Division may require remediation of the site to Tier 2 site-specific target levels or the performance of a Tier 3 risk assessment to establish alternative site-specific target levels. Factors considered by the Division when determining if remediation or a Tier 3 assessment is warranted shall include:
(1) whether the assumptions on which the Tier 2 site-specific target levels are based are representative of the site-specific conditions;
(2) whether the alternative site-specific target levels developed under Tier 3 either are likely to be different than the Tier 2 site-specific target levels or will modify remediation activities; or
(3) whether the cost of remediation to achieve Tier 2 site-specific target levels will likely be greater than the cost of further tier evaluation and subsequent remediation.
(e) Tier 3. A Tier 3 risk assessment shall allow consideration of additional site-specific and toxicological data in order to calculate alternative site-specific target levels. This data may include alternative, technically defensible toxicity factors, physical and chemical properties, site-specific exposure factors, and alternative fate and transport models. The representative concentrations of chemicals of concern that exist at a site shall be compared to these Tier 3 site-specific target levels for all complete and potentially complete exposure pathways. If the concentrations exceed the Tier 3 site-specific target levels, the Division shall consider the results of the Tier 2 and Tier 3 assessments to determine the site-specific target levels.
(f) The determination of risk-based screening levels and site-specific target levels shall be based on the following assumptions and requirements:
(1) concentrations of chemicals of concern in soil shall not exceed Tier 1 residential risk-based screening levels on land classified as residential land use. Concentrations in soil may exceed Tier 1 residential risk-based screening levels on property containing both residential and non-residential land use if the ground-level uses are non-residential and the potential for exposure to contaminated soil has been eliminated;
(2) an ecological risk evaluation shall be conducted to determine the risk to plant and animal receptors and habitats;
(3) the most recent versions of the following references, in order of preference, shall be used to obtain the quantitative toxicity values necessary to calculate risk to identified receptors:
(A) Integrated Risk Information System (IRIS);
(B) provisional peer reviewed toxicity values (PPRTVs); and
(C) published health risk assessment data, and scientifically valid peer-reviewed published toxicological data;
(4) all current and probable future use of groundwater shall be protected. If groundwater has been contaminated or is likely to be contaminated, a point of exposure shall be established to quantitatively evaluate the groundwater use pathway. The point of exposure shall be established at the nearest to the source of the following locations:
(A) closest existing water supply well;
(B) likely nearest future location of a water supply well;
(C) hypothetical point of exposure located at a distance of 500 feet from the downgradient property boundary of the facility site; or
(D) hypothetical point of exposure located at a distance of 1000 feet downgradient from the source;
(5) for chemicals of concern for which there is a groundwater quality standard in 15A NCAC 02L, concentrations at the point of exposure shall not exceed the groundwater quality standards as specified in 15A NCAC 02L. For chemicals of concern for which there are no groundwater quality standards, concentrations at the point of exposure shall not exceed the risk-based screening levels or site-specific target levels for these chemicals of concern that assume ingestion based on domestic water use;
(6) concentrations of chemicals of concern shall be measured and evaluated at a point of demonstration well to ensure that concentrations are protective of any point of exposure;
(7) surface water is protected. The standards for surface water shall be the water quality standards in 15A NCAC 02B.
History Note: Authority G.S. 143-215.104D;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0507 REMEDIAL ACTION PLAN
(a) If the level of contamination of any chemical of concern exceeds risk-based screening levels or site-specific target levels, a remedial action plan shall be developed and implemented at the site.
(b) A remedial action plan shall be sufficient to meet the risk-based screening levels or site-specific target levels established for the site and shall include, if applicable:
(1) a summary of the results of all assessment and interim remedial activities conducted at the site;
(2) justification for the remediation method selected based on an analysis of each of the following factors:
(A) results from any pilot studies or bench tests;
(B) the remediation methods considered and why other alternatives were rejected;
(C) practical considerations in implementing the remediation, including ease of construction, site access, and required permits;
(D) operation and maintenance requirements;
(E) the risks and effectiveness of the proposed remediation including an evaluation of the type, degree, frequency, and duration of any post-remediation activity that may be required, including operation and maintenance, monitoring, inspection, reporting, and other activities necessary to protect public health or the environment;
(F) long-term reliability and feasibility of engineering and institutional controls;
(G) technical feasibility of the proposed method to reduce the concentrations of chemicals of concern at the site;
(H) estimated time required to achieve risk-based screening levels or site-specific target levels;
(I) cost-effectiveness of installation, operation and maintenance, when compared to other remediation alternatives; and
(J) community acceptance;
(3) an evaluation of the expected breakdown chemicals or by-products resulting from natural processes;
(4) a discussion of the proposed treatment or disposition of contaminated media that may be produced by the remediation system;
(5) an operation and maintenance plan and schedule for the remediation system;
(6) design drawings of the proposed remediation system;
(7) a groundwater monitoring plan to monitor plume stability and effectiveness of the remediation;
(8) a plan to evaluate the effectiveness of the remedial efforts and the achievement of risk-based screening levels or site-specific target levels;
(9) a plan that addresses the health and safety of nearby residential and business communities;
(10) a discussion of how the remedial action plan will protect ecological receptors;
(11) all required land-use restrictions and notices prepared in accordance with G.S. 143-215.104M and 15A NCAC 02S. 0508; and
(12) measures necessary to protect plant and animal receptors and habitats.
(c) Monitored natural attenuation of chemicals of concern may be approved as an acceptable remediation method, provided:
(1) all free product has been removed or controlled to the maximum extent practicable;
(2) contaminated soil is not present in the unsaturated zone above risk-based screening levels or site-specific target levels for the soil-to-groundwater pathway for the site unless it is demonstrated that the soil does not constitute a continuing source of contamination to groundwater at concentrations that pose a threat to human health, safety or the environment, and it is demonstrated that the rate of natural attenuation of chemicals of concern in groundwater exceeds the rate at which the chemicals of concern are leaching from the soil;
(3) the physical, chemical and biological characteristics of each chemical of concern and its by-products are conducive to degradation or attenuation under the site-specific conditions;
(4) the travel time and direction of migration of chemicals of concern can be predicted with reasonable certainty;
(5) available data shows an apparent or potential decrease in concentrations of chemicals of concern;
(6) the chemicals of concern will not migrate onto adjacent properties that are not served by an existing public water supply system, unless the owners have consented to the migration of chemicals of concern onto their property;
(7) if any of the chemicals of concern are expected to intercept surface waters, the groundwater discharge will not exceed the standards for surface water contained in 15A NCAC 02B .0200;
(8) all necessary access agreements needed to monitor groundwater quality have been or can be obtained; and
(9) a monitoring program, sufficient to track the degradation and attenuation of chemicals of concern and by-products within and down-gradient of the plume and detect chemicals of concern and by-products at least one year's travel time prior to their reaching any existing or foreseeable receptor, is developed and implemented. Analytical data collected during monitored natural attenuation shall be evaluated on an annual basis to determine if the annual rate of expected progress is being achieved.
(d) If the Division determines that it is technically impracticable to achieve a risk-based screening level or site-specific target level for a specific chemical of concern due to geological conditions, remediation technology limitations, site conditions, physical limitations, or other factors, the Division shall approve or modify the remedial action plan to provide for the use of institutional controls, engineering controls, and long-term monitoring until the risk-based screening levels or site-specific target levels are met. Methods that may be used to demonstrate that remediation is technically impracticable include the following:
(1) a full-scale field demonstration consisting of an operating remediation system;
(2) a pilot study applying a remediation technology on a small portion of the contaminated site;
(3) predictive analyses or modeling that shows the potential for the migration and remediation of chemicals of concern to occur at the site;
(4) comparison of specific conditions at the subject site to those of similar sites in case studies or peer-reviewed and published research papers;
(5) a combination of the above methods; or
(6) other equivalent methods that demonstrate that remediation is technically impracticable.
History Note: Authority G.S. 143-215.104D;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0508 LAND-USE RESTRICTIONS
The Division, pursuant to the risk assessment procedures of 15A NCAC 02S .0506, may require the imposition, recordation, and enforcement of land-use restrictions pursuant to G.S. 143-215.104M.
History Note: Authority G.S. 143-215.104D; 143-215.104M;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
15A NCAC 02S .0509 NO FURTHER ACTION CRITERIA
(a) A "No Further Action" notice documents the Division's decision that the site has been assessed and remediated, and that the site conditions pose no unacceptable risks as long as the recorded land-use restrictions are maintained. The Division shall issue a "No Further Action" notice if each of the following criteria is met:
(1) risk-based screening levels or site-specific target levels for each chemical of concern have been achieved, and, if applicable, plant and animal receptors and their habitats have been protected;
(2) monitoring of the groundwater plume for at least one year following a complete site characterization as described in 15A NCAC 02S .0504 shows that the plume is not expanding, and concentrations of chemicals of concern in groundwater exhibit a stable or decreasing trend based on all available data representative of the entirety of the groundwater plume; and
(3) all required land-use restrictions and notices pursuant to G.S. 143-215.104M have been filed in the office of the register of deeds of the county or counties in which the property described is located.
(b) The Division shall not issue a "No Further Action" notice if the Division has determined that it is technically impracticable pursuant to 15A NCAC 02S .0507 to remediate the site to risk-based screening levels or site-specific target levels.
(c) If site conditions change or additional information becomes available to the Division to indicate that the "No Further Action" notice no longer applies, the site poses an unacceptable risk to human health, safety, or the environment, or the land-use restrictions imposed in accordance with G.S. 143-215.104M are violated, the Division may rescind the "No Further Action" notice and require further remedial action at the site.
History Note: Authority G.S. 143-215.104D; 143-215.104M;
Eff. September 1, 2007;
Readopted Eff. September 1, 2018.
subchapter 02t – waste not discharged to surface waters
SECTION .0100 – GENERAL REQUIREMENTS
15A NCAC 02T .0101 PURPOSE
The rules in this Subchapter shall govern application for and issuance of permits for the following systems that do not discharge to surface waters of the state:
(1) sewer systems;
(2) disposal systems;
(3) treatment works;
(4) residual and residue disposal/utilization systems;
(5) animal waste management systems;
(6) treatment of contaminated soils; and
(7) stormwater management systems pursuant to 15A NCAC 02H .1000.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0102 SCOPE
The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any sewer system, treatment works, disposal system, contaminated soil treatment system, animal waste management system, stormwater management system, or residual management system, that does not discharge to surface waters of the State. However, these Rules shall not apply to sanitary sewage systems or solid waste management facilities that are permitted under the authority of the Commission for Public Health. The provisions for stormwater NPDES systems that discharge to waters of the State are codified in 15A NCAC 02H .1000. The rules in this Section are general requirements that shall apply to all program rules in this Subchapter.
History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0103 DEFINITIONS
The terms used in this Subchapter shall have the meanings set forth in G.S. 143-212 and G.S. 143-213, in this Rule, and in program-specific rules in this Subchapter:
(1) "Agronomic rate" means the amount of waste and other materials applied to soil to meet the nitrogen needs of the crop, but does not overload the soil with nutrients or other constituents that cause or contribute to a contravention of surface water or groundwater standards, limit crop growth, or adversely impact soil quality. Nitrogen needs of the crop shall be based on realistic yield expectations (RYE) established for a soil series through published Cooperative Extension Service bulletins, Natural Resources Conservation Service publications, county soil surveys, or site specific agronomist reports.
(2) "Animal waste" means livestock or poultry excreta or a mixture of excreta with feed, bedding, litter or other materials generated at a feedlot.
(3) "Bedrock" is defined in 15A NCAC 02L .0102.
(4) "Buffer" means a natural or vegetated area as defined in 15A NCAC 02B .0202.
(5) "CFR" means Code of Federal Regulations.
(6) "Commission" is defined in G.S. 143-212 or their delegate.
(7) "Compliance boundary" is defined in 15A NCAC 02L .0102.
(8) "Deemed permitted" means that a facility is considered to have a needed permit and to be compliant with the permitting requirements of G.S. 143-215.1(a), even though it has not received an individual permit for its construction or operation.
(9) "Department" is defined in G.S. 143-212.
(10) "Director" means the Director of the Division or its delegate.
(11) "Division" means the Division of Water Resources in the Department.
(12) "Effluent" means wastewater discharged from a water pollution control facility following all treatment processes or from other point source whether treated or untreated.
(13) "Engineer" means an individual who is currently licensed by the North Carolina Board of Examiners For Engineers and Land Surveyors or is authorized to practice under G.S. 89C as an engineer.
(14) "EPA" means the United States Environmental Protection Agency.
(15) "Ephemeral (stormwater) stream" is defined in 15A NCAC 02B .0233.
(16) "Essential treatment unit" means any unit associated with the wastewater treatment process whose loss would likely render the facility incapable of meeting the required performance criteria, including aeration units or other main treatment units, clarification equipment, filters, disinfection equipment, pumps and blowers.
(17) "General Permit" means a permit issued pursuant to G.S. 143-215.1(b)(3), 143-215.1(b)(4) or 143-215.10C.
(18) "Groundwaters" is defined in 15A NCAC 02L .0102.
(19) "Groundwater standards" means groundwater standards as established in 15A NCAC 02L .0200.
(20) "Industrial wastewater" means all wastewater other than sewage or animal waste, and includes:
(a) wastewater resulting from any process of industry or manufacture, or from the development of any natural resource;
(b) wastewater resulting from processes of trade or business, including wastewater from laundromats and vehicle or equipment washes, but excluding wastewater from restaurants;
(c) stormwater that is contaminated with an industrial wastewater;
(d) any combination of sewage and industrial wastewater;
(e) municipal wastewater, unless it can be demonstrated that the wastewater contains no industrial wastewater; and
(f) contaminated groundwater extracted as part of an approved groundwater remediation system approved by the Division in accordance with 15A NCAC 02L .0100.
(21) "Intermittent stream" is defined in 15A NCAC 02B .0233.
(22) "NPDES" means National Pollutant Discharge Elimination System.
(23) "Perennial stream" is defined in 15A NCAC 02B .0233.
(24) "Perennial waterbody" is defined in 15A NCAC 02B .0233.
(25) "Pollutant" means waste as defined in G.S. 143-213.
(26) "Potable waters" is defined in 15A NCAC 02L .0102.
(27) "Private well" means any potable or irrigation well not directly controlled by a public authority or a public utility authorized by the North Carolina Public Utilities Commission. This may include a private individual or community well as defined in the public water supply rules codified in 15A NCAC 18C.
(28) "Professional engineer" means a person who is presently registered and licensed as a professional engineer by the North Carolina Board of Examiners For Engineers and Land Surveyors.
(29) "Public or community sewage system" means a single system of sewage collection, treatment, or disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county, a municipality, or a public utility authorized to operate by the North Carolina Utilities Commission.
(30) "Residuals" means any solid, semisolid, or liquid waste, other than effluent or residues from agricultural products and processing, generated from a wastewater treatment facility, water supply treatment facility, or air pollution control facility permitted under the authority of the Commission.
(31) "Residues from agricultural products and processing" means solids, semi-solids, or liquid residues from food and beverage processing and handling, silviculture, agriculture, and aquaculture operations permitted under the authority of the Commission that are non-toxic, non-hazardous, and contain no domestic wastewater.
(32) "Restrictive horizon" is the layer in a soil profile that is capable of reducing the downward water movement to the minimum rate, as evidenced by lowest saturated hydraulic conductivity among all the soil layers. Restrictive horizon is often capable of perching ground water or wastewater effluent and is characterized by accumulation of finer soil particles (such as aluminum, clay, iron, silica, organic matter, or other compounds) or compaction due to heavy equipment.
(33) "Review boundary" is defined in 15A NCAC 02L .0102.
(34) "Seasonal High Water Table" or "SHWT" is the highest level to which the soil is saturated, as may be determined through the identification of redoximorphic features in the soil profile, including low chroma mottling. This does not include temporary perched conditions. Alternatively, the SHWT can also be determined from water level measurements or via soil or groundwater modeling.
(35) "Secretary" is defined in G.S. 143-212 and includes the Secretary's delegate.
(36) "Setback" means the separation in linear feet, measured on a horizontal plane, required between a treatment works, disposal system, or utilization system and physical features such as buildings, roads, property lines, or water bodies.
(37) "Sewage" means the liquid and solid human waste and liquid waste generated by domestic water-using fixtures and appliances from any residence, place of business, or place of public assembly. Sewage does not include wastewater that is totally or partially industrial wastewater or any other wastewater that is not domestic waste.
(38) "Soil scientist" means an individual who is currently licensed or authorized to practice soil science pursuant to G.S. 89F by the North Carolina Board for Licensing of Soil Scientists.
(39) "Staff" means the staff of the Division.
(40) "Surface waters" means all waters as defined in G.S. 143-212 except underground waters.
(41) "Surface water standards" means surface water standards established in 15A NCAC 02B .0200.
(42) "Technical specialist" means an individual designated by the Soil and Water Conservation Commission to certify that the planning, design, and implementation of Best Management Practices, including all or part of an animal waste management plan, meet the standards and specifications of the Soil and Water Conservation Commission or the U.S. Department of Agriculture, Natural Resources Conservation Service.
(43) "Toxicity test" means a test for toxicity conducted using the procedures contained in 40 CFR 261.24, which is incorporated by reference including any subsequent amendments and editions.
(44) "Treatment works or disposal system that does not discharge to surface waters" means any treatment works, facility, utilization system, or disposal system that is designed to:
(a) operate as closed system with no discharge to waters of the State; or
(b) dispose of or use wastes, including residuals, residues, contaminated soils and animal waste, on the surface of the land; or
(c) dispose of wastes through a subsurface disposal system pursuant to G.S. 143-215.1(a4).
(45) "Waste oil" means any used nonhazardous petroleum product other than crankcase oil. Crankcase oil mixed with other used nonhazardous petroleum products shall be deemed to be waste oil.
(46) "Wetlands" are waters as defined in G.S. 143-212 and are areas that are inundated or saturated by an accumulation of surface or ground water as defined in 15A NCAC 02B .0202.
History Note: Authority G.S. 130A-335; 143-213; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0104 ACTIVITIES WHICH REQUIRE A PERMIT
History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Repealed Eff. September 1, 2018.
15A NCAC 02T .0105 GENERAL REQUIREMENTS
(a) Jurisdiction. Applications for permits from the Division shall be made in accordance with this Rule. Applications for permits under the jurisdiction of a local program shall be made in accordance with the requirements of the Division-approved program.
(b) Applications. Application for a permit shall be made on Division-approved forms completely filled out, where applicable, and fully executed in the manner set forth in Rule .0106 of this Section. A processing fee as described in G.S. 143-215.3D shall be submitted with each application in the form of a check or money order made payable to the Department. Applications shall be returned if incomplete. Permits for sewer line extensions shall be applied for separately from treatment, utilization, and disposal systems. The applicant shall provide adequate documentation to the Division to ensure that the proposed system will meet all design and performance criteria as required under this Subchapter and other applicable rules, be operated as a non-discharge system, and protect surface water and groundwater standards. Variances to this Subchapter or adopted design criteria shall be specifically requested in the application and, if approved pursuant to Paragraph (n) of this Rule, incorporated into the permit. The Division shall accept certification that the design meets or exceeds minimum design criteria applicable to the project if the certification is provided by a licensed or certified professional, such as a professional engineer, licensed soil scientist, licensed geologist, or technical specialist. Division acceptance of certifications that were specifically requested by the Division to be provided with the application from the applicant or from licensed or certified professionals preparing reports for the application and that were approved in the permit shall constitute approval of a variance to this Subchapter or to applicable minimum design and performance criteria.
(c) Application packages for new and expanding facilities shall include the following items:
(1) the number of executed copies necessary for each review office and one additional copy. Additional copies shall be required if needed for federal and state grant and loan projects;
(2) reports, engineering plans, specifications, and calculations as required by the applicable rules of this Subchapter. If prepared by licensed or certified professionals these reports shall be submitted in accordance with the respective statutes and rules governing that profession;
(3) operational agreements as required by Rule .0115 of this Section;
(4) for projects that require environmental documentation pursuant to the North Carolina Environmental Policy Act, a final environmental document (Finding of No Significant Impact or Record of Decision);
(5) a general scaled location map, showing orientation of the facility with reference to at least two geographic references (e.g. numbered roads, named streams or rivers);
(6) documentation that other environmental permit or certification applications that are needed to properly construct and operate the facilities permitted under this Subchapter are being prepared, have been applied for, or have been obtained, such as 401 certifications, erosion and sedimentation control plans, and stormwater management plans;
(7) a description of the project including the origin, type and flow of waste to be treated. For industrial processing facilities, a waste analysis extensive enough to allow a complete evaluation of the system's capability to treat the waste and any potential impacts on the waters of the state shall be included;
(8) documentation of compliance with Article 21 Part 6 (Floodway Regulations) of Chapter 143 of the General Statutes;
(9) documentation as required by other applicable rules in this Subchapter; and
(10) documentation of the presence or absence of threatened or endangered aquatic species using information provided by the Natural Heritage Program of the Department. This shall only apply to the area whose boundary is encompassed by, and is for the purpose of, the installation, operation, and maintenance of facilities permitted herein (wastewater collection, treatment, storage, utilization, or disposal). This documentation shall provide information on the need for permit conditions pursuant to Paragraph (i) of this Rule.
(d) Application packages for renewals shall include updated site plans, if required as part of the original submittal.
(e) Application and annual Fees.
(1) Application Fee. For every application for a new or major modification of a permit pursuant to this Section, a nonrefundable application processing fee in the amount provided in G.S. 143-215.3D shall be submitted to the Division by the applicant at the time of application. For a facility with multiple treatment units governed by a single permit, the application fee shall be set by the total design treatment capacity. Modification fees shall be based on the projected annual fee for the facility.
(2) Annual Fees. An annual fee for administering and compliance monitoring shall be charged in each year of the term of every renewable permit according to the schedule in G.S. 143-215.3D(a). Annual fees shall be paid for any facility operating on an expired permit that has not been rescinded or revoked by the Division. Permittees shall be billed annually by the Division. A change in the facility that changes the annual fee shall result in the revised annual fee being billed effective with the next anniversary date.
(f) Designs for facilities permitted under this Section shall use the practicable waste treatment and disposal alternative with the least adverse impact on the environment in accordance with G.S. 143-215.1(b)(2).
(g) The Division shall incorporate pretreatment requirements under 15A NCAC 02H .0900 into the permit.
(h) Setbacks and required separation distances shall be provided as required by the rules in this Subchapter. Setbacks to perennial and intermittent streams, perennial waterbodies, and wetlands shall be determined using the methodology set forth in 15A NCAC 02B .0233(4)(a). Setbacks to wells shall apply to those wells outside the compliance boundary. If wells and subsurface groundwater lowering drainage systems would otherwise be inside the compliance boundary as established in 15A NCAC 02L .0107, the applicant may request the compliance boundary be established closer to the waste disposal area and this shall be granted provided the groundwater standards can be met at the newly established compliance boundary.
(i) Permits shall provide specific conditions to address the protection of threatened or endangered aquatic species, as provided in plans developed pursuant in 15A NCAC 02B .0110, if the construction and operation of the facility directly impacts such species.
(j) Except as otherwise required by Rule .1306 in this Subchapter, the Permittee shall comply with all permit conditions and requirements until the waste treatment systems authorized by the permit are properly closed or subsequently permitted by another permit issued by the appropriate permitting authority for that activity.
(k) Monitoring of waste and surface waters shall be in accordance with 15A NCAC 02B .0505 except as otherwise provided by applicable rules in this Subchapter.
(l) Reporting shall be in accordance with 15A NCAC 02B .0506 except as otherwise provided by applicable rules in this Subchapter.
(m) Monitoring of groundwater shall be in accordance with Sections 15A NCAC 02L .0100 and 15A NCAC 02C .0100 except as otherwise provided by applicable rules in this Subchapter.
(n) The Director shall approve alternative Design Criteria and Application Submittal requirements if the applicant can demonstrate that the alternative will provide:
(1) equal or better treatment of the waste;
(2) equal or better protection of the waters of the state; and
(3) no increased potential for nuisance conditions from noise, odor or vermin.
(o) The Permittee shall retain the Division-approved plans and specifications for the life of the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0106 SUBMISSION OF PERMIT APPLICATIONS
(a) Permit applications, supporting information, and processing fees for permits issued by the Division shall be filed with the Division. Applications for permits from a Division-approved local permitting program shall be submitted to the local program director. Division permit processing fees shall not be required for permits issued by delegated local permitting programs.
(b) Permit applications shall be signed as follows:
(1) in the case of corporations, by a principal executive officer of at least the level of vice-president or his authorized representative;
(2) in the case of a partnership or a limited partnership, by a general partner;
(3) in the case of a sole proprietorship, by the proprietor;
(4) in the case of a municipal, state, or other public entity, by either an executive officer, elected official in the highest level of elected office, or other authorized employee.
(c) Delegation of authority to sign permit applications to other authorized employees or any employee in a specific position shall be provided in writing to the Division and signed by an authorized person pursuant to Paragraph (b) of this Rule. The delegation may be for a specific permit application or for certain or all types of water quality permits. The letter shall identify the extent of delegation.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0107 STAFF REVIEW AND PERMIT PREPARATION
(a) The staff of the Division shall conduct a review of plans, specifications, and other project data accompanying the application and shall determine if the application and required information are complete. The staff shall acknowledge receipt of a complete application except for fast-track sewer applications. The local government unit or units having jurisdiction over specific residential projects shall be notified of permit applications in accordance with G.S. 143-215.1(d1).
(b) If the application does not include all required information and the application fee, the application shall be returned to the applicant. The staff shall advise the applicant:
(1) how the application or accompanying supporting information may be modified to make it acceptable for review; and
(2) that the 90 day processing period required in G.S. 143-215.1 and Rule .0108 of this Section begins upon receipt of a corrected application with required supporting information.
(c) In reviewing a permit application for sewer system construction or sewer system extensions, the staff of the Division shall determine whether the treatment works or the sewer system to which the proposed system will discharge is adequate to receive waste which will be discharged from the proposed system, pursuant to G.S. 143-215.67(a).
(d) In reviewing a permit application for new and expanding treatment works and disposal systems, the staff shall make a site-specific evaluation to determine the potential impacts of the proposed project on surface and ground water quality. The applicant shall make the site accessible to the Division.
(e) If an application is accepted and later found to be incomplete, the applicant shall be advised how the application or accompanying supporting information may be modified to make it complete. The staff shall advise the applicant:
(1) that the 90 day processing period required in G.S. 143-215.1(d) and Rule .0108 of this Section begins on the date the additional information is received; and
(2) that if all required information is not submitted within 30 days, the project will be returned as incomplete. Any resubmittal of a returned application shall be accompanied with a new application fee.
History Note: Authority G.S. 143-215.1(b); 143-215.1(d); 143-215.3(a)(1); 143-215.3(a)(4);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION
(a) The Director shall take final action on all applications not later than 90 days following receipt of a complete application together with all required information. All permits, renewals of permits, and decisions denying permits or renewals shall be in writing.
(b) The Director shall:
(1) issue a permit:
(A) containing such conditions as are necessary to effectuate the purposes of Article 21, Chapter 143 of the General Statutes; and
(B) containing time schedules for achieving compliance with applicable effluent standards and limitations, surface water or groundwater standards and other legally applicable requirements;
(2) deny a permit application if necessary to effectuate:
(A) the purposes of Article 21, Chapter 143;
(B) the purposes of G.S. 143-215.67(a); or
(C) rules on groundwater quality standards found in Subchapter 02L of this Chapter; or
(3) hold public meetings if necessary to obtain additional information needed to complete the review of the application. The application shall be considered as incomplete until the close of the meeting record.
(c) The Division may require monitoring and reporting requirements, including of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to determine the source, quantity, and quality of the waste and its effect upon the surface water, ground waters, or wetlands. All reports shall be submitted on Division-supplied forms or forms approved by the Division as providing the same information as required by the Division's forms.
(d) If a permit is denied, the letter of denial shall state the reason for denial and reasonable measures that the applicant may take to make the application approvable.
(e) All permits requiring an annual fee shall be issued for a time period not to exceed eight years, except for those permits subject to Sections .1300 and .1400 of this Subchapter, which shall not exceed five years.
History Note: Authority G.S. 143-215.1(a); 143-215.1(b); 143-215.1(d); 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0109 PERMIT RENEWALS
Requests for permit renewals shall be submitted to the Director at least 180 days prior to expiration unless the permit has been revoked by the Director in accordance with Rule .0110 of this Section or a request has been made to rescind the permit. Renewal requests shall be made in accordance with Rule .0105 and Rule .0106 of this Section.
History Note: Authority G.S. 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0110 MODIFICATION AND REVOCATION OF PERMITS
A permit issued by the Division pursuant to this Subchapter shall be subject to revocation or modification upon 60 days notice by the Director in whole or part for the following reasons:
(1) violation of any terms or conditions of the permit or this Subchapter;
(2) obtaining a permit by misrepresentation or failure to disclose all relevant facts;
(3) refusal of the permittee to allow authorized employees of the Department upon presentation of credentials:
(a) to enter upon permittee's premises where a system is located or where any records are required to be kept under terms and conditions of the permit;
(b) to have access to any documents and records required to be kept under terms and conditions of the permit;
(c) to inspect any monitoring equipment or method required in the permit; or
(d) to sample any pollutants;
(4) failure to pay the annual fee for administering and compliance monitoring; or
(5) a determination by the Division that the conditions of the permit are in conflict with the North Carolina Administrative Code or General Statutes.
History Note: Authority G.S. 143.215.1(b)(4)(c); 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0111 CONDITIONS FOR ISSUING GENERAL PERMITS
(a) After issuance of a general permit by the Director pursuant to G.S. 143-215.1(b), (c), or (d), persons operating facilities described by the general permit may request coverage under it. An operation that receives a "Certificate of Coverage" under a general permit shall be permitted under the general permit for which the coverage was issued. A Certificate of Coverage shall mean that approval is given to facilities that meet the requirements of coverage under the general permit. Persons operating facilities covered under general permits developed in accordance with this Rule shall be subject to the same limits, conditions, management practices, enforcement authorities, and rights and privileges specified in the general permit.
(b) Upon development of a draft general permit, the Director shall publicly notice an intent to issue the general permit, pursuant to G.S. 143-215.4(b)(1) and (2), at least 30 days prior to final action. The notice shall provide the name, address, and phone number of the Division, a brief description of the intended action, and a brief description of the procedures for the formulation of final determinations, including a 30-day comment period and other means by which interested persons may comment upon the determinations.
(c) No provisions in any general permit issued under this Rule shall be interpreted to allow the permittee to violate state surface water standards, groundwater standards outside a Compliance Boundary established in accordance with 15A NCAC 02L .0107, or other applicable environmental Rules. Construction of new water supply wells for human consumption shall be prohibited within Compliance Boundaries for facilities covered under general permits issued pursuant to this Section. General permits issued pursuant to this Rule shall be considered individual permits for purposes of Compliance Boundaries established under 15A NCAC 02L .0107.
(d) To obtain a Certificate of Coverage, a Notice of Intent to be covered by the general permit shall be given by the applicant to the Division using Division-approved forms. Coverage pursuant to the general permit shall be granted unless the Director makes a determination under Paragraph (h) of this Rule that an individual permit is required. If all requirements of Paragraph (h) are not met, an individual permit application and full application review procedure shall be required.
(e) A general permit shall be effective for a term not to exceed eight years, at the end of which the Division may renew it pursuant to G.S. 143-215.1. The Division shall satisfy public notice requirements specified in Paragraph (b) of this Rule prior to renewal of a general permit. If the Division does not renew a general permit, all operations covered under that general permit shall be notified to submit applications for individual permits.
(f) Anyone engaged in activities covered by the general permit rules but not permitted in accordance with this Subchapter, shall be in violation of G.S. 143-215.1.
(g) Any individual covered or considering coverage under a general permit may choose to pursue an individual permit for any operation covered by this Rule.
(h) The Director may require any person, otherwise eligible for coverage under a general permit, to apply for an individual permit by notifying that person that an application is required. Notification shall consist of a written description of the reason for the decision, appropriate permit application forms and application instructions, a statement establishing the required date for submission of the application, and a statement informing the person that coverage by the general permit shall automatically terminate upon issuance of the individual permit. Reasons for requiring application for an individual permit shall include:
(1) the operation is a significant contributor of pollutants to the waters of the State;
(2) conditions at the permitted site change, altering the constituents or characteristics of the wastewater such that the operation no longer qualifies for coverage under a general permit;
(3) noncompliance with the general permit;
(4) noncompliance with the rules in this Chapter;
(5) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the operation;
(6) a determination by the Division that there has been or is the potential to have a direct discharge of wastewater or residuals to waters of the State; or
(7) the system has been allowed to deteriorate or leak such that it poses an immediate threat to the environment.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1); 143-215.10C;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0112 DELEGATION OF AUTHORITY
For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in the rules of this Subchapter except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by the permittee; and
(3) modification of a permit not requested by the permittee.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0113 PERMITTING BY REGULATION
(a) The following disposal systems as well as those in Permitting By Regulation rules in this Subchapter (i.e., Rules .0203, .0303, .0403, .1103, .1203, .1303, .1403, and .1503) shall be deemed to be permitted pursuant to G.S. 143-215.1(b), and it shall not be necessary for the Division to issue individual permits or coverage under a general permit for construction or operation of the following disposal systems provided the system does not result in any violations of surface water or groundwater standards, there is no direct discharge to surface waters, and all criteria required for the specific system are met:
(1) swimming pool and spa filter backwash and drainage, filter backwash from aesthetic fountains, and filter backwash from commercial or residential water features such as garden ponds or fish ponds, that is discharged to the land surface;
(2) backwash from raw water intake screening devices that is discharged to the land surface;
(3) condensate from residential or commercial air conditioning units that is discharged to the land surface;
(4) discharges to the land surface from individual non-commercial car washing operations;
(5) discharges to the land surface from flushing and hydrostatic testing water associated with utility distribution systems, new sewer extensions, or new reclaimed water distribution lines;
(6) street wash water that is discharged to the land surface;
(7) discharges to the land surface from firefighting activities;
(8) discharges to the land surface associated with emergency removal and treatment activities for spilled oil authorized by the federal or state on-scene coordinator when such removals are undertaken to minimize overall environmental damage due to an oil spill;
(9) discharges to the land surface associated with biological or chemical decontamination activities performed as a result of an emergency declared by the Governor or the Director of the Division of Emergency Management, that are conducted by or under the direct supervision of the federal or state on-scene coordinator, and that meet the following criteria:
(A) the volume produced by the decontamination activity is too large to be contained onsite;
(B) the Division is informed prior to commencement of the decontamination activity; and
(C) the wastewater is not radiologically contaminated or classified as hazardous waste;
(10) drilling muds, cuttings, and well water from the development of wells or from other construction activities, including directional boring, except such wastes generated in the construction and development of oil and gas wells regulated by Article 27 of G.S. 113;
(11) purge water from groundwater monitoring wells;
(12) composting facilities for animal mortality if the construction and operation of the facilities is approved by the North Carolina Department of Agriculture and Consumer Services; the facilities are constructed on an impervious, weight-bearing foundation, and are operated under a roof; and the facilities are approved by the State Veterinarian pursuant to G.S. 106-403. In the event of an imminent threat of a contagious animal disease, any emergency measure or procedure related to composting of animal mortality pursuant to G.S. 106-399.4(a);
(13) overflow from elevated potable water storage facilities;
(14) mobile carwashes if:
(A) all detergents used are biodegradable;
(B) no steam cleaning, engine or parts cleaning is being conducted;
(C) notification is made prior to operation by the owner to the municipality or, if not in a municipality, then the county where the cleaning service is being provided; and
(D) non-recyclable washwater is collected and discharged into a sanitary sewer or wastewater treatment facility, upon approval of the facility's owner, such that no ponding or runoff of the washwater occurs;
(15) mine tailings if no chemicals are used in the mining process;
(16) mine dewatering if no chemicals are used in the mining process;
(17) wastewater created from the washing of produce, with no further processing on-site, on farms where the wastewater is irrigated onto fields so as not to create runoff or cause a discharge; and
(18) discharges to the land surface of less than 5,000 gallons per week of backwash water from greensand filters at potable water wells, not including conventional filters, reverse osmosis, and ion exchange filters, provided ponding or runoff does not occur and the backwash does not exceed the Maximum Contaminant Level (MCL) for radionuclides or arsenic; and
(19) discharges to the land surface of less than 350 gallons per week of backwash water from reverse osmosis, ion exchange filters, greensand filters at private drinking water wells, provided ponding or runoff does not occur.
(b) Nothing in this Rule shall be deemed to allow the violation of any surface water, groundwater, or air quality standards and, in addition, any such violation shall be considered a violation of a condition of a permit. Further, nothing in this Rule shall be deemed to apply to or permit disposal systems for which a state National Pollutant Discharge Elimination System permit is otherwise required.
(c) Any violation of this Rule or any discharge to surface waters from the disposal systems listed in Paragraph (a) of this Rule or the activities listed in other Permitted By Regulation rules in this Subchapter shall be reported in accordance with 15A NCAC 02B .0506.
(d) Disposal systems deemed permitted under this Subchapter shall remain deemed permitted, notwithstanding any violations of surface water or groundwater standards or violations of this Rule or other Permitted By Regulation rules in this Subchapter, until such time as the Director determines that they shall not be deemed permitted in accordance with the criteria established in this Rule.
(e) The Director may determine that a disposal system shall not be deemed to be permitted in accordance with this Rule or other Permitted By Regulation rules in this Subchapter and require the disposal system to obtain an individual permit or a certificate of coverage under a general permit. This determination shall be made based on existing or projected environmental impacts, compliance with the provisions of this Rule or other Permitted By Regulation rules in this Subchapter, and the compliance history of the facility owner.
History Note: Authority G.S. 130A-300; 143-215.1(a)(1); 143-215.1(b)(4)(e); 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015; June 18, 2011;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES
(a) This Rule shall be used to determine wastewater flow rates for all systems governed by this Subchapter unless alternate criteria are provided by a program-specific rule or for flow used for the purposes of 15A NCAC 02H .0105. Higher flow rates shall be required where usage and occupancy are atypical, including those in Paragraph (e) of this Rule. Wastewater flow calculations shall take hours of operation and anticipated maximum occupancies and usage into account when calculating peak flows for design.
(b) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms shall increase the volume by 120 gallons per day. Each bedroom or any other room or addition that can function as a bedroom shall be considered a bedroom for design purposes. When the occupancy of a dwelling unit exceeds two persons per bedroom, the volume of sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day.
(c) The following table shall be used to determine the minimum allowable design daily flow of wastewater facilities. Design flow rates for establishments not identified below shall be determined using available flow data, water-using fixtures, occupancy or operation patterns, and other measured data.
Type of Establishments Daily Flow For Design
Barber and beauty shops
Barber Shops 50 gal/chair
Beauty Shops 125 gal/booth or bowl
Businesses, offices and factories
General business and office facilities 25 gal/employee/shift
Factories, excluding industrial waste 25 gal/employee/shift
Factories or businesses with showers or food preparation 35 gal/employee/shift
Warehouse 100 gal/loading bay
Warehouse – self storage (not including caretaker residence) 1 gal/unit
Churches
Churches without kitchens, day care or camps 3 gal/seat
Churches with kitchen 5 gal/seat
Churches providing day care or camps 25 gal/person (child & employee)
Fire, rescue and emergency response facilities
Fire or rescue stations without on site staff 25 gal/person
Fire or rescue stations with on-site staff 50 gal/person/shift
Food and drink facilities
Banquet, dining hall 30 gal/seat
Bars, cocktail lounges 20 gal/seat
Caterers 50 gal/100 sq ft floor space
Restaurant, full Service 40 gal/seat
Restaurant, single service articles 20 gal/seat
Restaurant, drive-in 50 gal/car space
Restaurant, carry out only 50 gal/100 sq ft floor space
Institutions, dining halls 5 gal/meal
Deli 40 gal/100 sq ft floor space
Bakery 10 gal/100 sq ft floor space
Meat department, butcher shop or fish market 75 gal/100 sq ft floor space
Specialty food stand or kiosk 50 gal/100 sq ft floor space
Hotels and Motels
Hotels, motels and bed & breakfast facilities,
without in-room cooking facilities 120 gal/room
Hotels and motels, with in-room cooking facilities 175 gal/room
Resort hotels 200 gal/room
Cottages, cabins 200 gal/unit
Self service laundry facilities 500 gal/machine
Medical, dental, veterinary facilities
Medical or dental offices 250 gal/practitioner/shift
Veterinary offices (not including boarding) 250 gal/practitioner/shift
Veterinary hospitals, kennels, animal boarding facilities 20 gal/pen, cage, kennel or stall
Hospitals, medical 300 gal/bed
Hospitals, mental 150 gal/bed
Convalescent, nursing, rest homes without laundry facilities 60 gal/bed
Convalescent, nursing, rest homes with laundry facilities 120 gal/bed
Residential care facilities 60 gal/person
Parks, recreation, camp grounds, R-V parks and other outdoor activity facilities
Campgrounds with comfort station, without
water or sewer hookups 75 gal/campsite
Campgrounds with water and sewer hookups 100 gal/campsite
Campground dump station facility 50 gal/space
Construction, hunting or work camps with flush toilets 60 gal/person
Construction, hunting or work camps with chemical or
portable toilets 40 gal/person
Parks with restroom facilities 250 gal/plumbing fixture
Summer camps without food preparation or laundry facilities 30 gal/person
Summer camps with food preparation and laundry facilities 60 gal/person
Swimming pools, bathhouses and spas 10 gal/person
Public access restrooms 325 gal/plumbing fixture
Schools, preschools and day care
Day care and preschool facilities 25 gal/person (child & employee)
Schools with cafeteria, gym and showers 15 gal/student
Schools with cafeteria 12 gal/student
Schools without cafeteria, gym or showers 10 gal/student
Boarding schools 60 gal/person (student & employee)
Service stations, car wash facilities
Service stations, gas stations 250 gal/plumbing fixture
Car wash facilities 1200 gal/bay
Sports centers
Bowling center 50 gal/lane
Fitness, exercise, karate or dance center 50 gal/100 sq ft
Tennis, racquet ball 50 gal/court
Gymnasium 50 gal/100 sq ft
Golf course with only minimal food service 250 gal/plumbing fixture
Country clubs 60 gal/member or patron
Mini golf, putt-putt 250 gal/plumbing fixture
Go-kart, motocross 250 gal/plumbing fixture
Batting cages, driving ranges 250 gal/plumbing fixture
Marinas without bathhouse 10 gal/slip
Marinas with bathhouse 30 gal/slip
Video game arcades, pool halls 250 gal/plumbing fixture
Stadiums, auditoriums, theaters, community centers 5 gal/seat
Stores, shopping centers, malls and flea markets
Auto, boat, recreational vehicle dealerships/showrooms
with restrooms 125 gal/plumbing fixture
Convenience stores, with food preparation 60 gal/100 sq ft
Convenience stores, without food preparation 250 gal/plumbing fixture
Flea markets 30 gal/stall
Shopping centers and malls with food service 130 gal/1000 sq ft
Stores and shopping centers without food service 100 gal/1000 sq ft
Transportation terminals – air, bus, train, ferry, port and dock 5 gal/passenger
(d) Design daily flow rates for proposed non-residential developments where the types of use and occupancy are not known shall be designed for a minimum of 880 gallons per acre, or the applicant shall specify an anticipated flow based upon anticipated or potential uses.
(e) Design daily flow rates for residential property on barrier islands and similar communities located south or east of the Atlantic Intracoastal Waterway and used as vacation rental as defined in G.S. 42A-4 shall be 120 gallons per day per habitable room. Habitable room shall mean a room or enclosed floor space used or intended to be used for living or sleeping, excluding kitchens and dining areas, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets, and storage spaces.
(f) An adjusted daily sewage flow design rate shall be granted for permitted but not yet tributary connections and future connections tributary to the system upon showing that the capacity of a sewage system is adequate to meet actual daily wastewater flows from a facility included in Paragraph (b) or (c) of this Rule without causing flow violations at the receiving wastewater treatment plant or capacity-related sanitary sewer overflows within the collection system as follows:
(1) Documented, representative data from that facility or a comparable facility shall be submitted by an authorized signing official in accordance with Rule .0106 of this Section to the Division for all flow reduction requests, as follows:
(A) dates of flow meter calibrations during the time frame evaluated and indication if any adjustments were necessary;
(B) a breakdown of the type of connections (e.g. two bedroom units, three bedroom units) and number of customers for each month of submitted data as applicable. Identification of any non-residential connections including subdivision clubhouses and pools, restaurants, schools, churches and businesses. For each non-residential connection, information identified in Paragraph (c) of this Rule (e.g. 200 seat church, 40 seat restaurant, 35 person pool bathhouse);
(C) a letter of agreement from the owner or an official, meeting the criteria of Rule .0106 of this Section, of the receiving collection system or treatment works accepting the wastewater and agreeing with the adjusted design rate;
(D) age of the collection system;
(E) analysis of inflow and infiltration within the collection system or receiving treatment plant, as applicable;
(F) if a dedicated wastewater treatment plant serves the specific area and is representative of the residential wastewater usage, at least the 12 most recent consecutive monthly average wastewater flow readings and the daily total wastewater flow readings for the highest average wastewater flow month per customers, as reported to the Division;
(G) if daily data from a wastewater treatment plant cannot be used or is not representative of the project area: 12 months worth of monthly average wastewater flows from the receiving treatment plant shall be evaluated to determine the peak sewage month. Daily wastewater flows shall then be taken from a flow meter installed at the most downstream point of the collection area for the peak month selected that is representative of the project area. Justification for the selected placement of the flow meter shall also be provided; and
(H) an estimated design daily sewage flow rate shall be determined by calculating the numerical average of the top three daily readings for the highest average flow month. The calculations shall also account for seasonal variations, excessive inflow and infiltration, age and suspected meter reading and recording errors.
(2) The Division shall evaluate all data submitted but shall also consider other factors in granting, with or without adjustment, or denying a flow reduction request including: applicable weather conditions during the data period (i.e. rainy or drought), other historical monitoring data for the particular facility or other similar facilities available to the Division, the general accuracy of monitoring reports and flow meter readings, and facility usage, such as whether the facility is in a resort area.
(3) Flow increases shall be required if the calculations required by Subparagraph (f)(1) of this Rule yield design flows higher than that specified in Paragraphs (b) or (c) of this Rule.
(4) The permittee shall retain the letter of any approved adjusted daily design flow rate for the life of the facility and shall transfer such letter to a future permittee.
History Note: Authority G.S. 143-215.1; 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0115 OPERATIONAL AGREEMENTS
(a) Prior to issuance or reissuance of a permit pursuant to this Subchapter for a wastewater facility or sewer extension as specified in G.S. 143-215.1(d1), a private applicant shall:
(1) demonstrate that the applicant has been designated as a public utility by the North Carolina Utilities Commission and is authorized to provide service to the specific project area. This may be a Certificate of Public Convenience and Necessity or letter from the Public Staff; or
(2) enter into and submit an executed Operational Agreement pursuant to G.S. 143-215.1(d1) with the Division.
(b) If the applicant is a developer of lots to be sold, an executed Operational Agreement shall be submitted with the permit application. A copy of the Articles of Incorporation, Declarations, and By-laws, with the engineer's certification, shall be submitted prior to operation of the permitted facilities to the Division, as required by 15A NCAC 02T .0116.
(c) If the applicant is a legally formed Homeowners' or Property Owner's Association, an executed Operational Agreement and a copy of the Articles of Incorporation, Declarations, and By-laws shall be submitted to the Division with the permit application.
History Note: Authority G.S. 143-215.1(d1);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0116 CERTIFICATION OF COMPLETION
(a) Prior to the operation of any sewer system, treatment works, utilization system, or disposal system for which an individual permit has been issued in accordance with this Subchapter and the application prepared by licensed professional, a certification shall be received by the Division from a professional certifying that the sewer system, treatment works, utilization system, or disposal system has been installed in accordance with the rules, all minimum design criteria except as noted, and approved plans and specifications. The professional certification shall be on Division-approved forms completely filled out, where applicable, and submitted to the Division. For facilities with phased construction or if there is a need to operate certain equipment under actual operating conditions prior to certification, additional certification shall be required as follow-ups to the initial, pre-operation certification. The Division may not acknowledge receipt of engineering certifications. The permittee and the professional shall track the submittal of certifications.
(b) To transfer ownership of a sewer extension, a change of ownership request shall be submitted on Division-approved forms after certifying completion of the project.
(c) All deeds, easements, and encroachment agreements necessary for installation, operation, and maintenance of the system shall be obtained prior to operation of the system.
(d) The permittee shall maintain a copy of the individual permit and a set of final record drawings for the life of the facility.
History Note: Authority G.S. 143-215.1;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE
(a) For facilities permitted under this Subchapter, the permittee shall designate an Operator in Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Commission pursuant to 15A NCAC 08F .0200 and 15A NCAC 08G .0200.
(b) The Operator in Responsible Charge or a back-up operator when appropriate shall operate and visit the facility as required by the Water Pollution Control System Operators Certification Commission pursuant to 15A NCAC 08F .0200 and 15A NCAC 08G .0200.
History Note: Authority G.S. 143-215.3;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
No permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by municipalities, counties, sanitary districts, or public utilities unless they meet the following requirements:
(1) Prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other measures to achieve waste flow reductions.
(2) Prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions.
(3) The Director shall allow permits to be issued to facilities that are exceeding the 80 percent or 90 percent disposal capacity if the additional flow is not projected to result in the facility exceeding its permitted hydraulic capacity, the facility is in compliance with all other permit limitations and requirements, and adequate progress is being made in developing the required engineering evaluations or plans and specifications. In determining the adequacy of the progress, the Director shall consider the projected flows, the complexity and scope of the work to be completed, and any projected environmental impacts.
History Note: Authority G.S. 143-215.3;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A Ncac 02T .0119 reserved for future codification
15A NCAC 02T .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL
(a) The Division shall consider an applicant's compliance history in accordance with G.S. 143-215.1(b)(4)b.2. and with the requirements contained in this Rule for environmental permits and certifications issued pursuant to Article 21.
(b) When any of the following apply, permits for new and expanding facilities shall not be granted unless the Division determines that the permit is specifically and solely needed for the construction of facilities to resolve non-compliance with any environmental statute or rule:
(1) The applicant or any parent, subsidiary, or other affiliate of the applicant has been convicted of environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B and all appeals of this conviction have been abandoned or exhausted.
(2) The applicant or any parent, subsidiary, or other affiliate of the applicant has previously abandoned a wastewater treatment facility without properly closing the facility in accordance with its permit or this Subchapter.
(3) The applicant or any parent, subsidiary, or other affiliate of the applicant has not paid a civil penalty and all appeals of this penalty have been abandoned or exhausted.
(4) The applicant or any parent, subsidiary, or other affiliate of the applicant is currently not compliant with any compliance schedule in a permit, settlement agreement, or order.
(5) The applicant or any parent, subsidiary, or other affiliate of the applicant has not paid an annual fee in accordance with Rule .0105(e)(2) of this Section.
(c) Permits for renewing facilities shall not be granted if the applicant or any affiliation has not paid an annual fee in accordance with Rule .0105(e)(2) of this Section.
(d) Any variance to this Rule shall be subject to approval by the Director and shall be based on the current compliance status of the permittee's facilities and the magnitude of previous violations. Variance approval shall not be delegated to subordinate staff.
History Note: Authority G.S. 143-215.1(b); 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
section .0200 – wastewater pump and haul systems
15A NCAC 02T .0201 SCOPE
This Section shall apply to all pump and haul activities of wastewater under the authority of the Division. This Section shall not apply to the transport of animal waste from animal waste management systems permitted under Section .1300 of this Subchapter and Section .1400 of this Subchapter. In addition, this Section shall not apply to the transport of wastewater residuals or biosolids permitted under Section .1100 of this Subchapter or Section .1200 of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15a NCAC 02T .0202 reserved for future codification
15A NCAC 02T .0203 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) washwater from single-beverage kiosks and similar operations not regulated under the authority of the Division of Public Health if the following criteria are met:
(A) the facility notifies the appropriate Division regional office in writing advising of the type of operation, type and quantity of wastewater generated, and the receiving wastewater treatment facility. A letter from the facility that is accepting the wastewater (type and quantity) agreeing to accept wastewater from the applicant shall be included;
(B) the wastewater does not contain any human waste; and
(C) the waste is collected and discharged into a sewer or treatment system designed and permitted to accept the type of wastewater being pumped and hauled.
(2) industrial wastewater if the following criteria are met:
(A) the facility notifies the appropriate Division regional office in writing advising of the type of operation, type, and quantity of wastewater generated, the location of wastewater generation, and the receiving wastewater treatment facility. A letter from the facility accepting the wastewater (type and quantity) agreeing to accept wastewater from the applicant shall be included;
(B) the wastewater does not contain any human waste;
(C) the waste is collected and discharged into a sewer or treatment system designed and permitted to accept the type of wastewater being pumped and hauled;
(D) the pump and haul activity is not to alleviate a failing wastewater system; and
(E) the Division regional office concurs in writing that the activity meets the criteria in this Rule.
(3) pumping and hauling of waste from sewer cleaning activities.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0204 PERMITTING
(a) Permits for domestic wastewater shall only be issued in cases of environmental emergencies, nuisance conditions such as odors and vectors, health problems, or for unavoidable delays in construction of systems previously permitted under this Section. Applications for pump and haul permits for unavoidable construction delays shall include documentation demonstrating the delay could not be avoided. Failure to complete construction prior to the expiration of a pump and haul permit due to unavoidable construction delays shall subject the permittee to enforcement action by the Division if the delay could have been avoided by payment of additional costs. The permits shall be issued for a period of no more than six months unless the Director determines that conditions are such that the final waste management options cannot be implemented within six months.
(b) Applications shall include a letter from the facility accepting the wastewater, agreeing to accept both the type and quantity of wastewater from the applicant for the proposed activity.
(c) Pump and haul facilities shall include at a minimum 24 hours storage equipped with high-water alarms.
(d) Permitted pump and haul facilities or activities under this rule shall be inspected at least daily by the permittee or its representative.
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
SECTION .0300 - SEWER EXTENSIONs
15A NCAC 02T .0301 SCOPE
The rules in this Section shall apply to all sewer extensions, including gravity sewers, pump stations, force mains, vacuum sewers, pressure sewers including septic tank effluent pump (STEP) systems, or alternative sewer systems that discharge to another sewer s system, and to requirements for local delegated sewer extension permitting programs.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0302 DEFINITIONS
(a) The following definitions shall apply in this Section:
(1) "Alternative sewer system" means any sewer system or collection system other than a gravity system or standard pump station and force main. These include pressure sewer systems, septic tank with effluent pump (STEP) sewer systems, vacuum sewer system, and small diameter variable grade gravity sewers.
(2) "Building" means any structure occupied or intended for supporting or sheltering any occupancy.
(3) "Building drain" means that part of the lowest piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes that extends 10 feet beyond the walls of the building and conveys the drainage to the building sewer.
(4) "Building sewer" means that part of the drainage system that extends from the end of the building drain and conveys the discharge from a single building to a public gravity sewer, private gravity sewer, individual sewage disposal system, or other point of disposal.
(5) "Fast-track" means a permitting process whereby a professional engineer certifies that a sewer design and associated construction documents conform to all applicable sewer related rules and design criteria.
(6) "Pressure sewer system" means an interdependent system of grinder pump stations, typically for residences, serving individual wastewater connections for single buildings that share a pressure pipe with a diameter of 1.5 inches through 6 inches. Duplex or greater pump stations connected to a common pressure pipe that can operate both independently and simultaneously with other pump stations while maintaining operation of the system within the operating constraints shall be excluded from the definition of a pressure sewer system.
(7) "Private sewer" means any part of a sewer system that collects wastewater from one building and crosses another property or travels along a street right of way or from more than one building and is not a public sewer.
(8) "Public sewer" means a sewer located in a dedicated public street, roadway, or dedicated public right-of-way or easement that is owned or operated by any municipality, county, water or sewer district, or any other political subdivision of the state authorized to construct or operate a sewer system.
(9) "Sewer system" means pipelines or conduits, pumping stations including lift stations and grinder stations, alternative systems, and appurtenant appliances used for conducting wastewater to a point of ultimate treatment and disposal.
(10) "Small diameter, variable grade gravity sewer system" means a system of wastewater collection using an interceptor tank to remove solids and grease from the waste stream. Flow is transferred to the central gravity system in the public right-of-way by gravity or effluent pumps. With venting and design, inflected gradients may also be accommodated.
(11) "Septic tank with effluent pump (STEP) system" means a pressure sewer system in which the individual grinder pump is replaced with a septic tank and an effluent pump either in the second chamber of the septic tank or in a separate pump tank that follows the septic tank.
(12) "Vacuum sewer system" means a mechanized system of wastewater collection using differential air pressure to move the wastewater. Centralized stations provide the vacuum with valve pits providing the collection point from the source and also the inlet air required to move the wastewater. In conjunction with the vacuum pumps, a standard non-vacuum pump station and force main is used to transport the wastewater from the vacuum tanks to a gravity sewer or ultimate point of treatment and disposal.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0303 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) a building sewer documented by the local building inspector to be in compliance with the North Carolina State Plumbing Code and that serves a single building with the sole purpose of conveying wastewater from that building into a gravity sewer that extends onto or is adjacent to the building's property. A building sewer that contributes more than five percent of the existing wastewater treatment facility's design capacity or 50,000 gallons per day of flow as calculated using the wastewater design flow rates in Rule .0114 of this Subchapter shall not commence operations until a letter of agreement, meeting the requirements of 15A NCAC 02T .0304(g), has been submitted to and approved by the regional office;
(2) a gravity sewer serving a single building with less than 600 gallons per day of flow as calculated using rates in 15A NCAC 02T .0114 that crosses another property or parallels a right-of-way, provided that:
(A) an easement for crossing another property is obtained, a map is created, and both are recorded at the Register of Deeds office in the county of residence for both property owners and runs with the land or, in the case of a building sewer traveling along a right-of-way, documented permission from the dedicated right-of-way owner to use such right-of-way;
(B) the building inspector certifies the sewer to the point of connection to the existing sewer is in accordance with state or local plumbing code; and
(C) no other connections are made to the sewer without prior approval from the Division;
(3) a pump station and force main serving a single building with less than 600 gallons per day of flow as calculated using the wastewater design flow rates in Rule .0114 of this Subchapter provided that:
(A) an easement for crossing another property is obtained, a map is created, and both are recorded at the Register of Deeds office in the county of residence for both property owners and runs with the land or, in the case of a force main traveling along a right-of-way, documented permission form the dedicated right-of-way owner to use such right-of-way;
(B) if a force main is used, it ties into a non-pressurized pipe, manhole or wetwell;
(C) the system is approved by the local building inspector as being in complete compliance with the North Carolina Plumbing Code to the point of connection to the existing sewer; and
(D) no other connections are made to the sewer without prior approval from the Division;
(4) the following sewer operations, provided that the work conforms to all rules, setbacks and design standards; record drawings of the completed project are kept for the life of the project; and new sources of wastewater flow, immediate or future, are not planned to be connected to the sewer other than previously permitted but not yet tributary:
(A) rehabilitation or replacement of sewers of the same size and with the same horizontal and vertical alignment;
(B) rehabilitation or replacement of public 6-inch sewers with 8-inch sewers, provided that the rehabilitation or replacement is to correct deficiencies and bring the sewer up to current standards;
(C) line relocations of the same pipe size and within the same right-of-way or easement;
(D) parallel line installations of the same size and within the right-of-way or easement where the existing line will be abandoned;
(E) point repairs; and
(F) in-place pump station repairs or upgrades that maintain permitted capacity to within five percent of the original permitted capacity for pump replacement.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0304 APPLICATION SUBMITTAL
(a) Applications for permits pursuant to this Section shall be made on forms provided by the Division which may be found at .
(b) Applications shall not be submitted unless the permittee has assured downstream sewer capacity.
(c) For pressure sewers, vacuum sewers, STEP systems, and other alternative sewer systems discharging into a sewer system, the Permittee, by certifying the permit application and receiving an issued permit, shall maintain in operable condition all pumps, tanks, service laterals, and main lines as permitted, excluding the line from a building to the septic or pump tank.
(d) For sewer extensions that have been designed in accordance with all applicable rules and design criteria, and if plans, calculations, specifications, and other supporting documents have been sealed by a professional engineer, application may be made according to the fast-track permitting process.
(e) An application for sewers involving an Environmental Assessment shall not be considered complete until either a Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision has been issued.
(f) Sewer systems for which the design criteria has not been developed or that do not meet all applicable rules and design criteria shall be submitted for a full technical review using the official application form for those systems which may be found at systems/sewer-extension-permitting.
(g) If the application is not submitted by the owner of the receiving collection system or treatment works, the application shall include a letter of agreement from the owner or an official of the receiving collection system or treatment works that accepts the wastewater and that meets the criteria if Rule .0106 of this Subchapter. In addition, this letter shall:
(1) specifically refer to the project, regardless whether capacity has been purchased through an intergovernmental agreement of contract;
(2) signify that the owner of the receiving collection system or treatment works has adequate capacity to transport and treat the proposed new wastewater; and
(3) shall be dated within 12 months from the date of submitting the application.
This letter shall not obviate the need for the downstream sewer capacity calculations.
History Note: Authority G.S. 143-215.1; 143-215.3(a); 143-215.67;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0305 DESIGN CRITERIA
(a) Sewer and sewer extensions shall not be constructed in the following areas:
(1) a natural area designated on the State Registry of Natural Heritage Areas by a protection agreement between the owner and the Secretary, unless no prudent, feasible, or technologically possible alternative exists; or,
(2) a natural area dedicated as a North Carolina Nature Preserve by mutual agreement between the owner and State of North Carolina represented by the Governor and Council of State, unless the Governor and Council of State agree that no prudent, feasible, or technologically possible alternative exists;
(b) Engineering design documents. The following documents shall be prepared prior to submitting a permit application to the Division. If submittal of such documents is not requested in the permitting process (i.e., fast-track), they shall be available upon request by the Division. If required by G.S. 89C, a professional engineer shall prepare these documents:
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.]
(1) a plan and profile of sewers, showing their proximity to other utilities and natural features such as water supply lines, water lines, wells, storm drains, surface waters, wetlands, roads and other trafficked areas;
(2) design calculations, including pipe and pump sizing, velocity, pump cycle times and level control settings, pump station buoyancy, wet well storage, surge protection, detention time in the wet well and force main, ability to flush low points in force mains with a pump cycle, and downstream sewer capacity analysis; and
(3) sewer system specifications describing all materials to be used, methods of construction, and means for assuring the quality and integrity of the finished project.
(c) All deeds, easements, and encroachment agreements necessary for installation, operation, and maintenance of the system shall be obtained prior to operation of the system.
(d) There shall be no by-pass or overflow lines designed in any new sewer system except for valved piping and appurtenances intended for emergency pumping operations.
(e) Two feet protection from a 100-year flood shall be provided unless there is a water-tight seal on all station hatches and manholes, with control panels and vents extending two feet above the 100-year flood elevation.
(f) The following separations shall be provided from the sewer system to the listed feature except as allowed by Paragraph (g) of this Rule:
Storm sewers and other utilities not listed below (vertical) 18 inches
Water mains (vertical-water over sewer including in benched trenches) 18 inches
or (horizontal) 10 feet
Reclaimed water lines (vertical – reclaimed over sewer) 18 inches
or (horizontal) 2 feet
Any private or public water supply source consisting of wells, WS-I waters, Class I, Class II, or Class III
reservoirs used as a source of drinking water 100 feet
Waters classified WS-II, WS-III, WS-IV, B, SA, ORW, HQW, or SB from normal high water or tide elevation, wetlands that are directly abutting these waters, and wetlands classified as UWL or SWL 50 feet
Any other stream, lake, impoundment, wetlands classified as WL, waters classified as C, SC, or WS-V, or
ground water lowering and surface drainage ditches 10 feet
Any building foundation 5 feet
Any basement 10 feet
Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
Drainage systems and interceptor drains 5 feet
Any swimming pool 10 feet
Final earth grade (vertical) 36 inches
(g) The following separations shall be permitted if separations in Paragraph (f) of this Rule cannot be achieved, provided that nothing in this Paragraph shall supersede the allowable alternatives provided in the Commission for Public Health Public Water Supply Rules (15A NCAC 18C), Commission for Public Health Sanitation Rules (15A NCAC 18A) or the Groundwater Protection Rules (15A NCAC 02L and 15A NCAC 02C) that pertain to the separation of sewer systems from water mains or public or private wells:
(1) for storm sewers, engineering solutions such as ductile iron pipe or structural bridging to prevent crushing the underlying pipe;
(2) for public or private wells, piping materials, testing methods, and acceptability standards meeting water main standards shall be used where these separations cannot be maintained. All appurtenances shall be outside the 100-foot radius of the well. The separation shall however not be less than 25 feet from a private well or 50 feet from a public well;
(3) for public water main horizontal or vertical separations, alternatives as described in 15A NCAC 18C .0906;
(4) for less than 36-inches cover from final earth grade, ductile iron pipe shall be required in any alternative. Ductile iron pipe or other pipe with proper bedding to develop design supporting strength shall be provided where sewers are subject to traffic bearing loads; and
(5) for all other separations, materials, testing methods, and acceptability standards meeting water main standards (15A NCAC 18C) shall be required in any alternative.
(h) The following criteria shall be met for all pumping stations and force mains:
(1) Pump Station Reliability:
(A) Pump stations shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. Simplex pump stations, which are pump stations with only one pump, shall serve only a single building with an average daily design flow less than or equal to 600 gallons per day as calculated using Rule .0114 of this Subchapter.
(B) A standby power source or pump shall be required at all pump stations except for simplex pump stations. Controls shall be provided to automatically activate the standby source and signal an alarm condition.
(C) As an alternative to Part (B) of this Subparagraph for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using Rule .0114 of this Subchapter, a portable power source or pumping capability may be used. The portable source shall be owned or contracted by the permittee and shall be compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump in a multiple station power outage, including travel timeframes, shall be provided.
(D) Simplex pump or vacuum stations connecting a single building to a sewer system shall provide 24-hours worth of wastewater storage or shall provide storage in excess of that needed during the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation of wastewater storage shall be provided with the permit application. In no case shall less than 6 hours worth of wastewater storage be provided above the pump-on level.
(E) All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition, including power failure and high water alarm.
(F) All pump stations shall have a high water audio and visual alarm.
(2) Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number, and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number.
(3) Wet wells shall be equipped with screened vents.
(4) The public shall be restricted from access to the site and equipment.
(5) Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet.
(i) The following criteria shall be met for gravity sewers:
(1) public gravity sewers shall be equipped with a minimum eight inch diameter pipe and private gravity sewers shall be equipped with a minimum six inch diameter pipe;
(2) the maximum separation between manholes shall be 425 feet unless documentation is submitted with the application that the owner has the capability to perform routine cleaning and maintenance of the sewer at the specified manhole separation; and
(3) drop manholes shall be provided where invert separations exceed 2.5 feet.
(j) The following criteria shall be met for low pressure sewers, vacuum sewers, STEP, and other alternative sewers discharging into another sewer system:
(1) Hydraulic modeling of the system shall be submitted using the statistically projected number of pumps running at one time. If computer modeling is provided by a pump manufacturer, it shall be indicated and shall be considered part of the design calculations pursuant to Subparagraph (b)(2) of this Rule.
(2) Simplex pump stations shall only serve a single building with an average daily design flow less than 600 gallons per day as calculated using Rule .0114 of this Subchapter. All other buildings connected to the system shall at a minimum have duplex pumps.
(3) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018;
Amended Eff. April 1, 2021.
15A NCAC 02T .0306 LOCAL PROGRAMS FOR SEWER SYSTEMS
(a) Jurisdiction. Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may apply to the Commission for certification of local programs for permitting construction, modification, and operation of public and private sewer systems in their utility service areas pursuant to G.S. 143-215.1(f). Permits issued by certified local programs serve in place of permits issued by the Division except for projects involving an Environmental Impact Statement, projects that do not meet all applicable sewer related rules and minimum design criteria, or if the certified local program has not been certified such as alternative sewer systems, which shall continue to be permitted by the Division. The Division may choose to cede permitting authority to the certified local program after review of Environmental Assessment projects and issuance of a Finding of No Significant Impact.
(b) An application for certification of a local program shall provide adequate information to assure compliance with the requirements of G.S. 143-215.1 (f) and the following requirements:
(1) Applications for certified local programs shall be submitted to the Director.
(2) The program application shall include:
(A) the intended permit application forms;
(B) permit shells;
(C) design criteria and specifications;
(D) sewer ordinance;
(E) flow chart of permitting;
(F) staffing;
(G) inspection and certification procedures;
(H) intended permit application fees; and
(I) downstream capacity assurance methods.
The applicant shall specify in a cover letter which permits the certified local program desires to issue. The options are any of the following: gravity sewers, pump stations, force mains, or pressure sewers. The applicant shall also specify whether these permits will be issued to sewer systems that are publicly or privately owned.
(3) Local ordinances and rules governing processing permit applications, setting permit requirements, enforcement, and penalties shall be compatible with rules and statutes governing permits issued by the Division.
(4) If the treatment and disposal system receiving the wastewater from the sewer line extension permitted under the certified local program is under the jurisdiction of another local unit of government, the program application shall contain a written statement from the other local unit of government that the proposed program complies with all its requirements and that the applicant has entered into a satisfactory contract that assures continued compliance.
(5) All future amendments to the requirements of this Section shall be incorporated into certified local program within 60 days of the effective date of the amendments.
(6) A Professional Engineer shall be on the staff of the certified local program or be retained as a consultant to review unusual situations or designs and to answer questions that arise in the review of proposed projects.
(7) Each project permitted by the certified local program shall be inspected for compliance with the requirements of the certified local program at least once during construction.
(c) Approval of Certified Local Programs. The staff of the Division shall acknowledge receipt of an application for a certified local program in writing, review the application, notify the applicant of additional information that may be required, and make a recommendation to the Commission regarding certification of the proposed certified local program.
(d) Conditions of Local Program Approval. Once approved by the Commission, the certified local program shall adhere to the following:
(1) Adequacy of Receiving Facilities. Certified local programs shall not issue a permit for a sewer project that would increase the flow or change the characteristics of waste to a treatment works or sewer system unless the certified local program has received a written determination from the Division that, pursuant to G.S. 143-215.67 (a), the treatment works or sewer system can adequately treat the waste. The Division staff may, when appropriate, provide one written determination that covers all local permits for domestic sewage sewer projects with total increased flow to a particular treatment works less than a specified amount and that are issued within a specified period of time. The certified local program shall not issue a permit for additional wastewater if the receiving wastewater treatment is in noncompliance with its Division issued permit unless the additional flow is allowed as part of a special order pursuant to G.S. 143-215.2. The certified local program shall not issue a permit for additional wastewater without documenting capacity assurance along the tributary wastewater path to the wastewater treatment plant.
(2) All permitting actions shall be summarized and submitted to the Division and the appropriate Division Regional Office annually on Division forms unless more frequent reporting is required by the Division. The report shall also provide a listing and summary of all enforcement actions taken or pending during the reporting period. The report shall be submitted by February 1 of each year. Reporting forms are available at: .
(3) A copy of all program documents, such as specifications, permit applications, permit shells, shell certification forms, and ordinance pertaining to permitting, shall be submitted to the Division annually along with a summary of all other program changes. Program changes shall include staffing changes, processing fees, and ordinance revisions. After initial submittal of such documents and if no further changes occur in subsequent years, a letter stating such may be submitted in lieu of the required documentation.
(4) Modification of a Certified Local Program. Modifications to certified local programs, including the expansion of permitting authority, shall not be required to be approved by the Commission, but shall be subject to approval by the Director.
(e) Appeal of Local Decisions. Appeal of individual permit denials or issuance with conditions the permit applicant finds unacceptable shall be made according to the approved local ordinance. The Commission shall not consider individual permit denials or issuance with conditions to which a permittee objects. This Paragraph does not alter the enforcement authority of the Commission as specified in G.S. 143-215.1(f).
(f) The Division may audit the certified local program for compliance with this Rule and with G.S. 143-215.1(f) at any time with a scheduled appointment with the certified local program.
(g) The Division shall maintain a list of all local units of government with certified local programs and make copies of the list available to the public upon request and payment of reasonable costs for reproduction. The list may be obtained from the Division.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
SECTION .0400 – SYSTEM-WIDE COLLECTION SYSTEM PERMITTING
15A NCAC 02T .0401 SCOPE
The rules of this Section shall apply to system-wide collection systems pursuant to G.S. 143-215.9B, governing the issuance of system-wide permits for collection systems relating to operation and maintenance of sewers, pump stations, force mains, and all appurtenances.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0402 DEFINITIONS
The following definitions shall apply in this Section:
(1) "Collection system" means a public or private sewer system that conveys wastewater to a designated wastewater treatment facility or separately-owned sewer system. For purposes of permitting, the collection system shall include any existing or newly installed sewer system extension up to the wastewater treatment facility property or point of connection with a separately-owned sewer system.
(2) "High-priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, sewer positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer, or sewer designated as a high priority in a Division-issued permit if the sewer does not meet minimum design requirements.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division-approved average daily flow less than 200,000 gallons per day shall be deemed permitted, pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required in this Rule:
(1) The collection system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters and to prevent any contravention of groundwater standards or surface water standards.
(2) A map of the collection system shall have been developed and shall be maintained.
(3) An operation and maintenance plan, including pump station inspection frequency, preventative maintenance schedule, spare parts inventory, and overflow response shall have been developed and implemented.
(4) Pump stations that are not connected to a telemetry system shall be inspected by the permittee or its representative every day, 365 days per year, unless the permittee demonstrates that daily inspections are not necessary because the pump station has sufficient storage capacity, above the elevation at which the pump activates, to justify a longer inspection interval. In no case shall the inspection interval exceed seven days. Pump stations that are connected to a telemetry system shall be inspected once per week.
(5) High-priority sewers shall be inspected by the permittee or its representative once every six-months, and inspections shall be documented.
(6) A general observation by the permittee or its representative of the entire collection system shall be conducted once per year.
(7) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143-215.1C.
(8) A Grease Control Program shall be in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit and if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite collection systems.
(B) For privately owned collection systems, the Grease Control Program shall include bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease-related sanitary sewer overflows.
(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility.
(10) Documentation of compliance with Subparagraphs (a)(1) through (a)(9) of this Rule shall be maintained by the collection system owner for three years with the exception of the map, which shall be maintained for the life of the system.
(b) Private collection systems on a single property serving an industrial facility from which the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system shall not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0404 MULTIPLE COLLECTION SYSTEMS UNDER COMMON OWNERSHIP
If a public entity owns multiple but separate collection systems, such as those that are tributary to separate plants, and any one is subject to an individual permit, all of the collection systems shall be covered by one permit. This shall not be applicable to public utilities authorized to operate by the North Carolina Utilities Commission that own several individual systems within the state.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0405 IMPLEMENTATION
(a) Permit applications for the initial issuance of a collection system permit shall be completed and submitted to the Division within 60 days of the collection system owner's certified mail receipt of the Division's request for application submittal. Permit renewal requests shall be submitted to the Director at least 180 days prior to expiration, unless the permit has been revoked in accordance with 15A NCAC 02T .0110, a request has been made to rescind the permit, or the Director extends this deadline after a request from the permittee and based on factors such as the degree of delay in submission of the application or conditions out of the control of the permittee. All applications shall be submitted in duplicate, completed on official forms, and fully executed. Application forms are available at: .
(b) Collection systems subject to an individual permit shall comply with the standards in Rule .0403 of this Section and with conditions contained in an individual permit.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
SECTION .0500 – WASTEWATER IRRIGATION SYSTEMS
15A NCAC 02T .0501 SCOPE
The rules in this Section shall apply to all surface irrigation of wastewater systems not otherwise specifically governed by other rules of this Subchapter. Surface irrigation of wastewater shall include spray irrigation, drip irrigation, and any other application of wastewater to the ground surface.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0502 reserved for future codification
15A NCAC 02T .0503 reserved for future codification
15A NCAC 02T .0504 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits or auger borings, within seven feet of land surface or to bedrock, describing the following parameters by individual diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants shall dig pits when necessary for evaluation of the soils at the site;
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum irrigation precipitation rates shall be provided for each soil mapping unit;
(3) a field-delineated soil map delineating soil mapping units within each land application site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal facilities and equipment except those previously permitted unless those previously permitted are directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and system curve analysis for each pump, buoyancy calculations, and irrigation design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of facility components including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage, or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0506 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by the applicant for systems treating industrial waste and any system with a design flow over 25,000 gallons per day. Industrial facilities with a design flow less than 25,000 gallons per day of wastewater that demonstrate that the effluent will be of quality similar to domestic wastewater, including effluent requirements established in 15A NCAC 02T .0505(b)(1), shall, upon request, be exempted from this requirement. The hydrogeologic evaluation shall be of the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth greater than 20 feet shall be required if the respective depth is used in predictive calculations. This evaluation shall be based on sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes the following components:
(1) a description of the regional and local geology and hydrogeology;
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the contaminant plume and treated wastewater;
(3) changes in the lithology underlying the site;
(4) the depth to bedrock and the occurrence of any rock outcrops;
(5) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in-situ field testing, such as slug tests or pumping tests, in the intended area of irrigation;
(6) the depth to the seasonal high water table;
(7) a discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features;
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility and the post operation of the proposed facility, focusing on the relationship of the system to groundwater receptors, groundwater discharge features, and groundwater flow media; and
(9) if the seasonal high water table is within six feet of the surface, a mounding analysis to predict the level of the seasonal high water table after wastewater application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(f) Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
(g) Public utilities shall submit to the Division a Certificate of Public Convenience and Necessity or a letter from the NC Utilities Commission stating that it has received a franchise application.
(h) A chemical analysis of the typical wastewater to be irrigated shall be provided to the Division by the applicant for industrial waste, which shall include:
(1) total organic carbon;
(2) 5-day biochemical oxygen demand (BOD5);
(3) chemical oxygen demand (COD);
(4) nitrate nitrogen (NO3-N);
(5) ammonia nitrogen (NH3-N);
(6) total kjeldahl nitrogen (TKN);
(7) pH;
(8) chloride;
(9) total phosphorus;
(10) phenol;
(11) total volatile organic compounds;
(12) fecal coliform;
(13) calcium;
(14) sodium;
(15) magnesium;
(16) sodium adsorption ratio (SAR);
(17) total trihalomethanes; and
(18) total dissolved solids.
(i) A project evaluation and a receiver site agronomic management plan (if applicable) and recommendations concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals, and other constituents of the wastewater shall be provided to the Division by the applicant.
(j) A Residuals Management Plan as required by Rule .0508(a) of this Section shall be provided to the Division by the applicant.
(k) The applicant shall provide to the Division a water balance that determines the required effluent storage based on the most limiting factor from the following:
(1) hydraulic loading based on the most restrictive horizon;
(2) hydraulic loading based on the groundwater mounding analysis;
(3) nutrient management based on agronomic rates for the specified cover crop; or
(4) nutrient management based on crop management.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0505 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) New and expanding systems:
(1) that are municipal, domestic, or commercial facilities, except systems subject to Subparagraph (b)(2) of this Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(B) total suspended solids (TSS) ≤ 30 mg/L;
(C) ammonia (NH3-N) ≤ 15 mg/L; and
(D) fecal coliforms ≤ 200 colonies/100 mL;
(2) with lagoon treatment systems, except those permitted as new under Subparagraph (b)(1) of this Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(B) total suspended solids (TSS) ≤ 90 mg/L; and
(C) fecal coliforms ≤ 200 colonies/100 mL; or
(3) that are not described in Subparagraphs (b)(1) and (b)(2) of this Rule shall meet treatment standards that assure that surface water or groundwater standards will not be exceeded.
(c) All wastes shall be applied at agronomic rates unless predictive calculations are provided that demonstrate State groundwater standards will be protected.
(d) All open-atmosphere treatment lagoons and ponds and open-atmosphere storage units shall have at least two feet of freeboard.
(e) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive calculations or modeling.
(f) Treatment works and disposal systems using earthen basins, lagoons, ponds, or trenches, excluding holding ponds containing non-industrial treated effluent prior to irrigation, for treatment, storage, or disposal, shall have either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivity no greater than that of the natural material liner.
(g) The bottoms of earthen impoundments, trenches, or other similar excavations shall be at least four feet above the bedrock surface, except that the bottom of excavations that are less than four feet above bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thickness shall be that thickness necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner requirements may be reduced if the applicant demonstrates through predictive calculations or modeling that construction and use of these treatment and disposal units will not result in contravention of surface water or groundwater standards.
(h) Impoundments, trenches, or other excavations made for the purpose of storing or treating waste shall not be excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of surface water or groundwater standards, as demonstrated by predictive calculations or modeling.
(i) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow.
(j) By-pass and overflow lines shall be prohibited.
(k) Multiple pumps shall be provided wherever pumps are used.
(l) Power reliability shall be provided, consisting of:
(1) automatically activated standby power supply, located onsite, and capable of powering all essential treatment units under design conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system that has automatic shut-off at power failure and no elevated water storage tanks;
(B) has sufficient storage capacity that no potential for overflow exists; and
(C) can tolerate septic wastewater during prolonged detention.
(m) A water-tight seal on all treatment and storage units or two feet of protection from the 100-year flood elevation shall be provided.
(n) Irrigation system design shall not exceed the recommended precipitation rates established in the soils report prepared pursuant to Rule .0504 of this Section.
(o) 30 days of residual storage shall be provided.
(p) Disposal areas shall be designed to maintain a one-foot vertical separation between the seasonal high water table and the ground surface.
(q) The public shall be prohibited access to the treatment, storage, and irrigation facilities.
(r) Influent pump stations shall meet the sewer design criteria set forth in Section .0300 of this Subchapter.
(s) Septic tanks shall adhere to the standards established in 15A NCAC 18A .1900.
(t) Facilities shall be provided with a flow meter to measure the volume of treated wastewater applied to each field.
(u) Coastal waste treatment facilities, defined in 15A NCAC 02H .0403, shall be equipped with noise and odor control devices that shall be enclosed.
(v) For coastal waste treatment facilities, defined in 15A NCAC 02H .0403, all essential treatment and disposal units shall be provided in duplicate.
(w) Facilities serving residential communities shall provide five days of effluent storage unless additional storage is determined to be necessary pursuant to the water balance requirements in Rule .0504(k) of this Section,
(x) Automatically activated irrigation systems shall be connected to a rain or moisture sensor to prevent irrigation during precipitation events or wet conditions that would cause runoff.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0506 SETBACKS
(a) The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 400 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial waterbodies,
and wetlands 100 100
Groundwater lowering ditches where the bottom of the ditch intersects
the SHWT 100 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25 25
Each well with exception of monitoring wells 100 100
Each property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Each water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Public right of way 50 50
Nitrification field 20 20
Each building foundation or basement 15 15
(b) The setbacks for treatment and storage units shall be as follows: (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 100
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies,
and wetlands 50
Each well with exception of monitoring wells 100
Each property line 50
(c) Achieving the reclaimed water effluent standards established in 15A NCAC 02U .0301 shall permit the system to use the setbacks set forth in 15A NCAC 02U .0701(d) for property lines, and the compliance boundary shall be at the irrigation area boundary.
(d) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(e) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(f) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (b) of this Rule.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. June 18, 2011;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0507 OPERATION AND MAINTENANCE
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall:
(1) describe the operation of the system in sufficient detail to show what operations are necessary for the system to function and by whom the operations are to be conducted;
(2) describe the anticipated maintenance of the system;
(3) include provisions for safety measures, including restriction of access to the site and equipment, as appropriate; and
(4) include spill control provisions, including:
(A) response to upsets and bypasses, including control, containment, and remediation; and
(B) contact information for plant personnel, emergency responders, and regulatory agencies.
(b) Irrigation areas shall have a year-round vegetative cover.
(c) Irrigation shall not result in ponding or runoff of treated effluent.
(d) Irrigation and metering equipment shall be tested and calibrated annually or as established by permit.
(e) Vehicles and heavy machinery shall not be allowed on the irrigation area except during installation or maintenance activities.
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds and open-atmosphere storage units.
(g) Vegetative cover shall be maintained on all earthen embankments.
(h) The permittee shall keep a log of maintenance activities that occur at the facility.
(i) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readoption Eff. September 1, 2018.
15A NCAC 02T .0508 RESIDUALS MANAGEMENT
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan shall include the following:
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored, and disposed;
(2) an evaluation of the residuals storage requirements for the treatment facility, based upon the maximum anticipated residuals production rate and the ability to remove residuals;
(3) a permit for residuals management or a written commitment to the permittee of a Department-approved residuals management program accepting the residuals that demonstrates that the approved program has adequate capacity to accept the residuals or that an application for approval has been submitted; and
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed explanation as to how these materials will be collected, handled, processed, stored, and disposed.
(b) The permittee shall maintain a record of all residuals removed from the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
SECTION .0600 – SINGLE-FAMILY RESIDENCE wastewater IRRIGATION SYSTEMS
15A NCAC 02T .0601 SCOPE
The rules in this Section shall apply to all surface irrigation of wastewater systems designed for one building single-family residences. One building single-family residences generating and utilizing reclaimed water shall meet requirements established in 15A NCAC 02U. Surface irrigation systems serving single-family residences shall be deemed to be ground absorption systems in accordance with 15A NCAC 02L .0107.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0602 reserved for future codification
15A NCAC 02T .0603 reserved for future codification
15A NCAC 02T .0604 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits and auger borings, within seven feet of land surface or to bedrock, describing the following parameters by individual diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants may be required to dig pits when necessary for proper evaluation of the soils at the site.
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum irrigation precipitation rates shall be provided for each soil mapping unit.
(3) a field-delineated soil map delineating soil mapping units within each land application site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal facilities and equipment except those previously permitted unless those previously permitted are directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and system curve analysis for each pump, buoyancy calculations, and irrigation design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of facility components including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage, or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0606 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Property Ownership Documentation shall be provided to the Division consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
(f) An Operation and Maintenance Plan addressing routine inspections, maintenance schedules, troubleshooting, and a layman's explanation about the wastewater treatment and irrigation disposal systems shall be submitted to the Division by the applicant.
(g) A letter from the local county health department denying the site for all subsurface systems shall be submitted to the Division by the applicant.
(h) A properly executed Operation and Maintenance Agreement shall be submitted to the Division by the applicant.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0605 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to new and expanding facilities.
(b) Minimum degree of treatment for new and expanding systems shall meet a monthly average of each of the following:
(1) five-day biochemical oxygen demand (BOD5) ≤ 30 mg/L;
(2) total suspended solids (TSS) ≤ 30 mg/L;
(3) ammonia (NH3-N) ≤ 15 mg/L; and
(4) fecal coliforms ≤ 200 colonies/100 mL.
(c) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive calculations or modeling.
(d) Excavation into bedrock shall be lined with a 10 millimeter synthetic liner.
(e) Earthen treatment and storage facilities shall be prohibited.
(f) By-pass and overflow lines shall be prohibited.
(g) A water-tight seal on all treatment and storage units or two feet of protection from the 100-year flood elevation shall be provided.
(h) Preparation of an operational management plan and, if appropriate, a crop management plan shall be provided.
(i) Fencing shall be provided to prevent access to the irrigation site and treatment units shall be lockable.
(j) Irrigation system design shall not exceed the recommended precipitation rates in the soils report prepared pursuant to Rule .0604 of this Section.
(k) Septic tanks shall adhere to 15A NCAC 18A .1900.
(l) Tablet chlorination or ultraviolet disinfection shall be provided.
(m) Five days of storage based on average daily flow between the pump off float and inlet invert pipe shall be provided.
(n) Pump and dosing tanks shall have audible and visual alarms external to any structure.
(o) A rain or moisture sensor shall be provided to prevent irrigation during precipitation events or wet conditions that would cause runoff.
(p) 18 inches of vertical separation between the apparent seasonal high water table and the ground surface shall be provided.
(q) One foot of vertical separation between any perched seasonal high water table and the ground surface shall be provided.
(r) Loading rates shall not exceed 50 inches per year.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0606 SETBACKS
(a) The setbacks for irrigation sites shall be as follows:
Spray Drip
(feet) (feet)
Each habitable residence or place of assembly under separate ownership
or not to be maintained as part of the project site 400 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and
wetlands 100 100
Groundwater lowering ditches where the bottom of the ditch intersects the SHWT 100 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25 25
Each well with exception of monitoring wells 100 100
Each property line 150 50
Top of slope of embankments or cuts of two feet or more in vertical height 15 15
Each water line from a disposal system 10 10
Subsurface groundwater lowering drainage systems 100 100
Public right of way 50 50
Nitrification field 20 20
Each building foundation or basement 15 15
(b) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback requirements in Section .0500 of this Subchapter except as provided in this Rule.
(c) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(d) Setbacks to property lines established in Paragraphs (a) and (b) of this Rule shall not be applicable if the permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(e) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (b) of this Rule.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0607 CONNECTION TO REGIONAL SYSTEM
If a public or community sewage system is or becomes available, the subject wastewater treatment facilities shall be closed and all wastewater shall be discharged into the public or community sewage system.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0608 OPERATION AND MAINTENANCE
(a) Irrigation areas shall have a year-round vegetative cover.
(b) Irrigation shall not result in ponding or runoff of treated effluent.
(c) Metering equipment shall be tested and calibrated annually or as established by permit.
(d) Vehicles and heavy machinery shall not be allowed on the irrigation area except during installation or maintenance activities.
(e) The permittee shall keep a log of maintenance activities that occur at the facility.
(f) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.
SECTION .0700 – HIGH-RATE INFILTRATION SYSTEMS
15A NCAC 02T .0701 SCOPE
This Section shall apply to all high-rate infiltration facilities. High-rate infiltration facilities shall include all facilities that dispose of wastewater effluent onto the land at an application rate that meets or exceeds the rates provided in Rule .0702 of this Section.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0702 DEFINITIONS
As used in this Section, "High-rate infiltration" shall mean any application rate that exceeds 1.75 inches of wastewater effluent per week or 0.156 gallons per day per square foot of land.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0703 Reserved for future codification
15A NCAC 02T .0704 APPLICATION SUBMITTAL
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) Soils report. A soil evaluation of the disposal site shall be provided to the Division by the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(1) a field description of the soil profile, based on examinations of excavation pits or auger borings, within seven feet of land surface or to bedrock, describing the following parameters by individual diagnostic horizons:
(A) the thickness of the horizon;
(B) the texture;
(C) the color and other diagnostic features;
(D) the structure;
(E) the internal drainage;
(F) the depth, thickness, and type of restrictive horizon; and
(G) the presence or absence and depth of evidence of any seasonal high water table.
Applicants shall dig pits when necessary for evaluation of the soils at the site;
(2) recommendations concerning loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum infiltration rates shall be provided for each soil mapping unit.
(3) a field-delineated soil map delineating soil mapping units within each land application site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit; and
(4) a Standard Soil Fertility Analysis conducted on each land application site. The Standard Soil Fertility Analysis shall include the following parameters:
(A) acidity;
(B) base saturation (by calculation);
(C) calcium;
(D) cation exchange capacity;
(E) copper;
(F) exchangeable sodium percentage (by calculation);
(G) magnesium;
(H) manganese;
(I) percent humic matter;
(J) pH;
(K) phosphorus;
(L) potassium;
(M) sodium; and
(N) zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(c) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(1) engineering plans for the entire system, including treatment, storage, application, and disposal facilities and equipment except those previously permitted unless those previously permitted are directly tied into the new units or are necessary to understanding the complete process;
(2) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product including leakage testing; and
(3) engineering calculations, including hydraulic and pollutant loading for each treatment unit, treatment unit sizing criteria, hydraulic profile of the treatment system, total dynamic head, and system curve analysis for each pump, buoyancy calculations, and infiltration design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(d) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of facility components including:
(1) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief, showing:
(A) all facility-related structures and fences within the treatment, storage, and disposal areas; and
(B) soil mapping units on all disposal sites;
(2) the location of each of the following that are located within 500 feet of a waste treatment, storage, or disposal site, including a delineation of their review and compliance boundaries:
(A) wells, including usage and construction details if available;
(B) ephemeral, intermittent, and perennial streams;
(C) springs;
(D) lakes;
(E) ponds; and
(F) other surface drainage features;
(3) setbacks as required by Rule .0706 of this Section; and
(4) site property boundaries within 500 feet of all waste treatment, storage, and disposal sites.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(e) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by the applicant for systems treating industrial waste and any system with a design flow over 25,000 gallons per day. Industrial facilities with a design flow less than 25,000 gallons per day of wastewater that demonstrate that the effluent will be of quality similar to domestic wastewater, including effluent requirements established in 15A NCAC 02T .0705(b) and 02T .0706(b) or (c) as applicable, may request and receive an exemption from this requirement. The hydrogeologic evaluation shall be of the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth greater than 20 feet shall be required if the respective depth is used in predictive calculations. This evaluation shall be based on sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including, geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes the following components:
(1) a description of the regional and local geology and hydrogeology;
(2) a description, based on field observations of the site, of the site topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the contaminant plume and treated wastewater;
(3) changes in the lithology underlying the site;
(4) the depth to bedrock and the occurrence of any rock outcrops;
(5) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in-situ field testing, such as slug tests or pumping tests, in the intended area of infiltration;
(6) the depth to the seasonal high water table;
(7) a discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features;
(8) a discussion of the groundwater flow regime of the site prior to the operation of the proposed facility and the post operation of the proposed facility, focusing on the relationship of the system to groundwater receptors, groundwater discharge features, and groundwater flow media; and
(9) a mounding analysis to predict the level of the seasonal high water table after wastewater application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(f) Property Ownership Documentation shall be provided to the Division consisting of:
(1) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(2) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or
(3) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
(g) Public utilities shall submit a Certificate of Public Convenience and Necessity or a letter from the NC Utilities Commission stating that it has received a franchise application.
(h) A chemical analysis of the typical wastewater to be infiltrated shall be provided to the Division by the applicant for industrial waste, which shall include:
(1) total organic carbon;
(2) 5-day biochemical oxygen demand (BOD5);
(3) chemical oxygen demand (COD);
(4) nitrate nitrogen (NO3-N);
(5) ammonia nitrogen (NH3-N);
(6) total kjeldahl nitrogen (TKN);
(7) pH;
(8) chloride;
(9) total phosphorus;
(10) phenol;
(11) total volatile organic compounds;
(12) fecal coliform;
(13) calcium;
(14) sodium;
(15) magnesium;
(16) sodium adsorption ratio (SAR);
(17) total trihalomethanes; and
(18) total dissolved solids.
(i) A project evaluation and a receiver site agronomic management plan (if applicable) containing recommendations concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals, and other constituents of the wastewater shall be provided to the Division.
(j) A Residuals Management Plan as required by Rule .0708(a) of this Section is to be provided to the Division.
(k) The applicant shall provide to the Division a water balance that determines the required effluent storage based on the most limiting factor from the following:
(1) hydraulic loading based on the most restrictive horizon;
(2) hydraulic loading based on the groundwater mounding analysis;
(3) nutrient management based on agronomic rates for the specified cover crop; or
(4) nutrient management based on crop management.
(l) Facilities utilizing subsurface groundwater lowering drainage systems shall demonstrate that groundwater and surface water standards will be protected.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0705 DESIGN CRITERIA
(a) The requirements in this Rule shall apply to all new and expanding facilities.
(b) New and expanding systems:
(1) that are municipal, domestic, or commercial facilities, except systems subject to Subparagraph (b)(2) of this Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand (BOD5) ≤ 10 mg/L;
(B) total suspended solids (TSS) ≤ 15 mg/L;
(C) ammonia (NH3-N) ≤ 4 mg/L;
(D) fecal coliforms ≤ 14 colonies/100 mL; and
(E) nitrate nitrogen (NO3-N) ≤ 10 mg/L; or
(2) that are not described in Subparagraph (b)(1) of this Rule shall meet treatment standards that assure that surface water or groundwater standards will not be exceeded.
(c) All open-atmosphere treatment lagoons and ponds and open-atmosphere storage and basin infiltration units shall have at least two feet of freeboard.
(d) Waste, including treated waste, shall not be placed directly into, or in contact with, GA classified groundwater unless such placement will not result in a contravention of GA groundwater standards, as demonstrated by predictive calculations or modeling.
(e) Treatment works and disposal systems using earthen basins, lagoons, ponds, or trenches, excluding holding ponds containing non-industrial treated effluent prior to infiltration, for treatment, storage, or disposal, shall have either a liner of natural material at least one foot in thickness and having a hydraulic conductivity of no greater than 1 x 10-6 centimeters per second when compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivity no greater than that of the natural material liner.
(f) The bottoms of earthen impoundments, trenches, or other similar excavations shall be at least four feet above the bedrock surface, except that the bottom of excavations that are less than four feet above bedrock shall have a liner with a hydraulic conductivity no greater than 1 x 10-7 centimeters per second. Liner thickness shall be that thickness necessary to achieve a leakage rate consistent with the sensitivity of classified groundwaters. Liner requirements may be reduced if the applicant demonstrates through predictive calculations or modeling that construction and use of these treatment and disposal units will not result in contravention of surface water or groundwater standards.
(g) Impoundments, trenches, or other excavations made for the purpose of storing or treating waste shall not be excavated into bedrock unless the placement of waste into such excavations will not result in a contravention of surface water or groundwater standards, as demonstrated by predictive calculations or modeling.
(h) Each facility, except for those using septic tanks or lagoon treatment, shall provide flow equalization with either a capacity based upon a representative diurnal hydrograph or a capacity of 25 percent of the daily system design flow.
(i) By-pass and overflow lines shall be prohibited.
(j) Multiple pumps shall be provided wherever pumps are used.
(k) Power reliability shall be provided, consisting of:
(1) automatically activated standby power supply, located onsite and capable of powering all essential treatment units under design conditions; or
(2) approval by the Director that the facility:
(A) serves a private water distribution system that has automatic shut-off at power failure and no elevated water storage tanks;
(B) has sufficient storage capacity that no potential for overflow exists; and
(C) can tolerate septic wastewater during prolonged detention.
(l) A water-tight seal on all treatment and storage units or two feet of protection from the 100-year flood elevation shall be provided.
(m) Infiltration system design shall not exceed the recommended precipitation rates established in the soils report prepared pursuant to Rule .0704 of this Section.
(n) 30 days of residuals storage shall be provided.
(o) Disposal areas shall be designed to maintain a one-foot vertical separation between the seasonal high water table and the ground surface.
(p) The public shall be prohibited access to the treatment, storage and infiltration facilities.
(q) Influent pump stations shall meet the sewer design criteria set forth in Section .0300 of this Subchapter.
(r) Septic tanks shall adhere to 15A NCAC 18A .1900.
(s) Infiltration areas shall be designed to allow routine maintenance of the area without interruption of disposal.
(t) Subsurface groundwater lowering drainage systems permitted under this Subchapter shall be subject to the corrective action requirements in 15A NCAC 02L .0106.
(u) Waste treatment facilities shall be equipped with noise and odor control devices that shall be enclosed.
(v) All essential treatment and disposal units shall be provided in duplicate.
(w) The application rate shall not exceed 10 gallons per day per square foot (GPD/ft2).
(x) Facilities shall be provided with a flow meter to measure the volume of treated wastewater applied to each infiltration site.
(y) Subsurface groundwater lowering drainage systems shall be prohibited within the compliance boundary.
(z) Facilities serving residential communities shall provide five days of effluent storage unless the applicant demonstrates that the infiltrated effluent will not pond, runoff, or breakout regardless of weather or soil conditions.
(aa) Automatically activated infiltration systems, excluding basin, rotary, and spray bed infiltration systems, shall be connected to a rain or moisture sensor to prevent infiltration during precipitation events or wet conditions that would cause runoff.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0706 SETBACKS
(a) The setbacks for infiltration sites shall be as follows:
Spray Drip Basin
(feet) (feet) (feet)
Each habitable residence or place of assembly under separate
ownership or not to be maintained as part of the project site 400 100 100
Each habitable residence or place of assembly owned by the
permittee to be maintained as part of the project site 200 15 50
Each private or public water supply source 100 100 100
Surface waters such as intermittent and perennial streams, perennial
waterbodies, and wetlands 200 200 200
Groundwater lowering ditches where the bottom of the ditch
intersects the SHWT 200 200 200
Subsurface groundwater lowering drainage systems 200 200 200
Surface water diversions such as ephemeral streams, waterways, and ditches 50 50 50
Each well with exception of monitoring wells 100 100 100
Each property line 150 50 50
Top of slope of embankments or cuts of two feet or more in vertical height 100 100 100
Each water line from a disposal system 10 10 10
Public right of way 50 50 50
Nitrification field 20 20 20
Each building foundation or basement 15 15 15
Impounded public water supplies 500 500 500
Public shallow groundwater supply (less than 50 feet deep) 500 500 500
(b) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems shall be 100 feet if the treatment units are designed to meet effluent limits of 7 mg/L of total nitrogen and 3 mg/L of total phosphorus.
(c) Setbacks in Paragraph (a) of this Rule to surface waters, groundwater lowering ditches, and subsurface groundwater lowering drainage systems shall be 50 feet if the treatment units are designed to meet effluent limits of 4 mg/L of total nitrogen and 2 mg/L of total phosphorus. This setback provision shall not apply to SA waters.
(d) Treatment and storage facilities associated with systems permitted under this Section shall adhere to the setback requirements in Section .0500 of this Subchapter, except as provided in this Rule.
(e) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(f) Setbacks to property lines established in Paragraphs (a) and (d) of this Rule shall not be applicable if the permittee, or the entity from which the permittee is leasing, owns both parcels separated by the property line.
(g) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (d) of this Rule.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0707 OPERATION AND MAINTENANCE
(a) An operation and maintenance plan shall be maintained for all systems. The plan shall:
(1) describe the operation of the system in sufficient detail to show what operations are necessary for the system to function and by whom the functions are to be conducted;
(2) describe the anticipated maintenance of the system;
(3) include provisions for safety measures including restriction of access to the site and equipment, as appropriate; and
(4) include spill control provisions including:
(A) response to upsets and bypasses including control, containment, and remediation; and
(B) contact information for plant personnel, emergency responders, and regulatory agencies.
(b) Infiltration areas, excluding basin, rotary, and spray bed infiltration systems, shall have a year-round vegetative cover.
(c) Infiltration, excluding basin infiltration systems, shall not result in ponding or runoff of treated effluent.
(d) Infiltration and metering equipment shall be tested and calibrated annually or as established by permit.
(e) Vehicles and heavy machinery shall not be allowed on the infiltration area except during installation or maintenance activities.
(f) Water level gauges shall be provided for all open-atmosphere treatment lagoons and ponds and all open-atmosphere storage and basin infiltration units.
(g) Vegetative cover shall be maintained on all earthen embankments.
(h) Basin, rotary, and spray bed infiltration systems shall be cleaned to remove deposited materials every permit cycle or as established by permit.
(i) The permittee shall keep a log of all maintenance activities that occur at the facility.
(j) The permittee shall perform inspections and maintenance to ensure proper operation of the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0708 RESIDUALS MANAGEMENT
(a) A Residuals Management Plan shall be maintained for all systems that generate residuals. The plan shall include the following:
(1) a detailed explanation as to how the residuals will be collected, handled, processed, stored, and disposed;
(2) an evaluation of the residuals storage requirements for the treatment facility, based upon the maximum anticipated residuals production rate and the ability to remove residuals;
(3) a permit for residuals management or a written commitment to the permittee of a Department-approved residuals management program accepting the residuals that demonstrates that the approved program has adequate capacity to accept the residuals or that an application for approval has been submitted; and
(4) if oil, grease, grit, or screenings removal and collection is a designed unit process, a detailed explanation as to how these materials will be collected, handled, processed, stored, and disposed.
(b) The permittee shall maintain a record of all residuals removed from the facility.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
SECTION .0800 – OTHER NON-DISCHARGE WASTEWATER SYSTEMS
15A NCAC 02T .0801 SCOPE
This Section shall apply to systems not specifically regulated by other rules in this Subchapter and governs waste that is disposed of by ground absorption systems or other non-discharge systems such as infiltration lagoons and evaporative systems, as well as authorizations to construct for NPDES facilities.
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0802 reserved for future codification
15A NCAC 02T .0803 reserved for future codification
15A NCAC 02T .0804 APPLICATION SUBMITTAL
Submittal requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0504, except those that are not applicable to authorization to construct type permits.
History Note: Authority G.S. 143-215.1; 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0805 DESIGN CRITERIA
Design requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0505, except those that are not applicable to authorization to construct type permits or specifically addressed by Section 15A NCAC 02H .0100.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0806 SETBACKS
Setbacks shall be the same as those listed in 15A NCAC 02T .0506 except infiltration basins, which shall meet the setbacks listed in 15A NCAC 02T .0706.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .0807 OPERATION AND MAINTENANCE
Operation and maintenance requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0707.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.
15A NCAC 02T .0808 RESIDUALS MANAGEMENT
Residuals management requirements shall be the same as systems permitted pursuant to 15A NCAC 02T .0708.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2018.
SECTION .0900 – RECLAIMED WATER SYSTEMS
15A NCAC 02T .0901 SCOPE
15A NCAC 02T .0902 DEFINITIONS
15A NCAC 02T .0903 PERMITTING BY REGULATION
15A NCAC 02T .0904 APPLICATION SUBMITTAL – CONJUNCTIVE SYSTEMS
15A NCAC 02T .0905 APPLICATION SUBMITTAL – NON-CONJUNCTIVE SYSTEMS
15A NCAC 02T .0906 RECLAIMED WATER EFFLUENT STANDARDS
15A NCAC 02T .0907 DESIGN CRITERIA FOR WASTEWATER TREATMENT FACILITIES – CONJUNCTIVE SYSTEMS
15A NCAC 02T .0908 DESIGN CRITERIA FOR WASTEWATER TREATMENT FACILITIES – NON-CONJUNCTIVE SYSTEMS
15A NCAC 02T .0909 DESIGN CRITERIA FOR DISTRIBUTION LINES
15A NCAC 02T .0910 RECLAIMED WATER UTILIZATION
15A NCAC 02T .0911 BULK DISTRIBUTION OF RECLAIMED WATER
15A NCAC 02T .0912 SETBACKS
15A NCAC 02T .0913 OPERATION AND MAINTENANCE PLAN
15A NCAC 02T .0914 RESIDUALS MANAGEMENT PLAN
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Repealed Eff. June 18, 2011.
15A NCAC 02T .0915 LOCAL PROGRAM APPROVAL
History Note: Authority G.S. 143-215.1; 143-215.3(a); S.L. 2006-250;
Eff. January 1, 2007;
Repealed Eff. June 18, 2011.
section .1000 - CLOSED–LOOP RECYCLE SYSTEMS
15A NCAC 02T .1001 SCOPE
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. March 19, 2015;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1002 reserved for future codification
15A NCAC 02T .1003 PERMITTING BY REGULATION
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1004 APPLICATION SUBMITTAL
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1005 DESIGN CRITERIA
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1006 SETBACKS
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1007 OPERATIONS AND MAINTENANCE PLAN
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
15A NCAC 02T .1008 RESIDUALS MANAGEMENT PLAN
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff September 1, 2006;
Expired Eff. October 31, 2019 (Agency did not readopt rule by RRC established deadline).
SECTION .1100 – RESIDUALS MANAGEMENT
15A NCAC 02T .1101 SCOPE
This Section shall apply to the treatment, storage, transportation, use, and disposal of residuals. Not regulated under this Section shall be the treatment, storage, transportation, use, or disposal of:
(1) oil, grease, grit, and screenings from wastewater treatment facilities;
(2) septage from wastewater treatment facilities;
(3) ash that is regulated in accordance with Section .1200 of this Subchapter;
(4) residuals that are regulated in accordance with Section .1300 and Section .1400 of this Subchapter;
(5) residuals that are prepared for land application, used, or disposed of in a solid waste management facility permitted by the Division of Waste Management;
(6) residuals that are disposed of in an incinerator permitted by the Division of Air Quality;
(7) residuals that are transported out of state for treatment, storage, use, or disposal;
(8) residuals that meet the definition of a hazardous waste in accordance with 40 CFR 260.10 as adopted by reference in 15A NCAC 13A .0102(b) or that have a concentration of polychlorinated biphenyls equal to or greater than 50 milligrams per kilogram of total solids on a dry weight basis; and
(9) byproduct waste resulting from any process of industry, manufacturing, trade, business, or the development of any natural resource but not from a wastewater treatment, water supply treatment, or air pollution control facility permitted under the authority of the Commission.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A NCAC 02T .1102 DEFINITIONS
As used in this Section:
(1) "Aerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into carbon dioxide and water by microorganisms in the presence of air.
(2) "Agricultural land" shall mean land on which a food crop, feed crop, or fiber crop is grown.
(3) "Anaerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into methane gas and carbon dioxide by microorganisms in the absence of air.
(4) "Bag and other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed receptacle with a load capacity of 1.102 short tons or one metric ton, or less.
(5) "Base flood" shall mean a flood that has a one percent chance of occurring in any given year.
(6) "Biological residuals" shall mean residuals that have been generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of industrial wastewater.
(7) "Biological treatment" shall mean treatment in a system that uses biological processes, including lagoons, activated sludge systems, extended aeration systems, and fixed film systems.
(8) "Bulk residuals" shall mean residuals that are transported and not sold or given away in a bag or other container for application to the land.
(9) "Class A residuals" shall mean residuals that are either bagged or bulk residuals meeting:
(a) the pollutant limits in Rule .1105(a) and .1105(c) of this Section;
(b) the pathogen reduction requirements in Rule .1106(a) of this Section; and
(c) the vector attraction reduction requirements in Rule .1107 of this Section.
(10) "Class B residuals" shall mean residuals that are bulk residuals meeting;
(a) the pollutant limits in Rule .1105(a) and .1105(b) of this Section;
(b) the pathogen reduction requirements in Rule .1106(b) of this Section; and
(c) the vector attraction reduction requirements in Rule .1107 of this Section.
(11) "Cover" shall mean soil or Division-approved material used to cover residuals placed in a surface disposal unit.
(12) "Cumulative pollutant loading rate" shall mean the maximum amount of a pollutant that is permitted to be applied to a unit area of land.
(13) "Dedicated program" shall mean a program involving the application of residuals in which any of the permitted land meets the definition of a dedicated land application site.
(14) "Dedicated land application site" shall mean land:
(a) to which residuals are applied at greater than agronomic rates;
(b) to which residuals are applied through fixed irrigation facilities or irrigation facilities fed through a fixed supply system; or
(c) that is primarily used for the disposal of residuals and agricultural crop production is of secondary importance.
(15) "Density of microorganisms" shall mean the number of microorganisms per unit mass of total solids on a dry weight basis in the residuals.
(16) "Dry weight basis" shall mean the weight calculated after the residuals have been dried at 105 degrees Celsius until they reach a constant mass.
(17) "Feed crop" shall mean a crop produced for consumption by animals.
(18) "Fiber crop" shall mean a crop grown for fiber production, including flax and cotton.
(19) "Food crop" shall mean a crop produced for consumption by humans, including fruits, vegetables, and tobacco.
(20) "Grit" shall mean sand, gravel, cinders, or other materials with a high specific gravity generated during preliminary treatment of wastewater in a wastewater treatment facility.
(21) "Incorporation" shall mean the mixing of residuals with top soil to a depth of four inches by methods such as discing, plowing, and rototilling.
(22) "Injection" shall mean the subsurface application of liquid residuals to a depth of four to 12 inches.
(23) "Land application" shall mean the spraying or spreading of residuals onto the land surface, the injection of residuals below the land surface, or the incorporation of residuals into the soil so that the residuals can condition the soil or fertilize crops or vegetation grown in the soil.
(24) "Lower explosive limit for methane gas" shall mean the lowest percentage of methane gas in air, by volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.
(25) "Monthly average" shall mean the arithmetic mean of all measurements taken during a month.
(26) "Pathogens" shall mean disease-causing organisms, including disease-causing bacteria, protozoa, viruses, and viable helminth ova.
(27) "Place residuals" shall mean to dispose of residuals in a surface disposal unit.
(28) "Person who prepares residuals" shall mean either the person who generates residuals during the treatment of waste in a wastewater treatment facility or the person who derives a material from residuals.
(29) "Pollutant limit" shall mean a numerical value that describes the amount of a pollutant allowed per unit amount of residuals or the amount of a pollutant that can be applied to a unit area of land.
(30) "Public contact site" shall mean land with a high potential for contact by the public as defined in 40 CFR 503.11(1), including public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses.
(31) "Runoff" shall mean rainwater, leachate, or other liquid that drains over the land surface.
(32) "Screenings" shall mean rags or other large materials generated during preliminary treatment of wastewater in a wastewater treatment facility.
(33) "Seismic impact zone" shall mean an area that has a 10 percent or greater probability that the horizontal ground level acceleration of the rock in the area exceeds 0.10 gravity once in 250 years.
(34) "Specific oxygen uptake rate (SOUR)" shall mean the mass of oxygen consumed per unit time per unit mass of total solids on a dry weight basis in the residuals.
(35) "Surface disposal unit" shall mean the land on which only residuals are placed for final disposal, including monofills, lagoons, and trenches, and not including land on which residuals are either treated or stored.
(36) "Surface disposal unit boundary" shall mean the outermost perimeter of a surface disposal unit.
(37) "Total solids" shall mean the materials that remain as residue after the residuals have been dried at between 103 and 105 degrees Celsius until they reach a constant mass.
(38) "Water treatment residuals" shall mean residuals that have been generated during the treatment of potable or process water.
(39) "Unstabilized residuals" shall mean residuals that have not been treated in either an aerobic or an anaerobic treatment process.
(40) "Unstable area" shall mean land subject to natural or human-induced forces that may damage the structural components of a surface disposal unit, including land on which the soils are subject to mass movement.
(41) "Vector attraction" shall mean the characteristic of residuals that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.
(42) "Volatile solids" shall mean the amount of the total solids in the residuals lost when they are combusted at 550 degrees Celsius in the presence of excess air.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A ncac 02T .1103 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule:
(1) preparation for land application, use, or disposal of residuals in a solid waste facility permitted by the Division of Waste Management that is approved to receive the residuals;
(2) land application of residuals that have been prepared for land application in a solid waste facility permitted by the Division of Waste Management and approved to receive the residuals if the requirements of this Section are met;
(3) land application sites onto which Class A residuals that are sold or given away in a bag or other container are applied, provided the following criteria are met:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(a) of this Section;
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this Section; and
(D) the land application activities are carried out according to the instructions provided in the informational sheet, bag, or other container label as required in Rule .1109(c) of this Section;
(4) land application sites onto which Class A biological residuals are applied, if the residuals and activities meet the following criteria:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(a) of this Section;
(C) the residuals meet the vector attraction reduction requirements in Rule .1107(a) of this Section; and
(D) the land application activities meet all applicable conditions of Rule .1108(b) and Rule .1109(a)(1) of this Section;
(5) land application sites onto which Class A non-biological residuals are applied, if the residuals and activities meet the following criteria:
(A) the residuals meet the pollutant limits in Rule .1105(a) and Rule .1105(c) of this Section;
(B) the residuals meet the pathogen requirements in Rule .1106(b) of this Section; and
(C) the land application activities meet all applicable conditions of Rule .1108(b) and Rule .1109(a)(1) of this Section; and
(6) transportation of residuals from the residuals-generating source facility to other Division or Division of Waste Management facilities approved to treat, store, use, or dispose the residuals.
(b) The Director may determine that a system shall not be deemed permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A ncac 02T .1104 APPLICATION SUBMITTAL
(a) For new and expanding residuals treatment and storage facilities:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of facility components, including:
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within the treatment and storage areas;
(B) the location of each of the following that are located within 500 feet of a waste treatment, or storage site, including a delineation of their review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet of all treatment and storage facilities.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the facilities and equipment except those previously permitted unless they are directly tied into the new units or are necessary to understanding the complete process;
(B) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading for each unit, unit sizing criteria, hydraulic profile of the facilities, total dynamic head and system curve analysis for each pump, and buoyancy calculations.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(b) For new and modified sources of residuals:
(1) Site maps shall be provided to the Division by the applicant depicting the location of the source.
(2) An analysis of the residuals shall be provided to the Division by the applicant. The analysis shall include:
(A) all pollutants identified in Rule .1105 of this Section;
(B) nutrients and micronutrients;
(C) hazardous waste characterization tests; and
(D) proof of compliance with Rule .1106 and Rule .1107 of this Section if applicable.
(3) A sampling and monitoring plan that describes how compliance with Rule .1105, Rule .1106, and Rule .1107 of this Section if applicable shall be provided to the Division by the applicant.
(c) For new and expanding non-dedicated land application sites:
(1) Setback maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of land application site features including:
(A) a scaled map of the land application site, showing all related structures and fences within the land application area;
(B) the location of each of the following that are located within 500 feet of the land application site, including a delineation of its review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of the land application site.
(2) Soils report. A soil evaluation of the land application site shall be provided to the Division by the applicant. This evaluation shall be presented in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(A) confirmation of a county soils map, soil evaluation, and verification of the presence or absence of a seasonal high water table within three feet of land surface or establishment of a soil map through field description of soil profile, based on examinations of excavation pits or auger borings, within seven feet of land surface or to bedrock describing the following parameters by individual diagnostic horizons: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive horizon; and presence or absence and depth of evidence of any seasonal high water table; and
(B) a representative soils analysis for standard soil fertility and all pollutants listed in Rule .1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following parameters: acidity; base saturation (by calculation); calcium; cation exchange capacity; copper; exchangeable sodium percentage (by calculation); magnesium; manganese; percent humic matter; pH; phosphorus; potassium; sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(3) A project evaluation and a land application site management plan, if applicable, with recommendations concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals and other constituents of the residuals shall be provided to the Division.
(4) Unless the land application site is owned by the permittee, property ownership documentation consisting of a notarized landowner agreement shall be provided to the Division.
(d) For new and expanding dedicated land application sites:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of land application site features including:
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility-related structures and fences within the land application area;
(B) the location of each of the following that are located within 500 feet of the land application site, including a delineation of its review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) property boundaries within 500 feet of the land application site.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(2) Engineering design documents for land applications sites onto which residuals are applied only through fixed irrigation facilities or irrigation facilities fed through a fixed supply system. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the facilities and equipment except those previously permitted unless they are directly tied into the new units or are necessary to understanding the complete process;
(B) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading, sizing criteria, hydraulic profile, total dynamic head and system curve analysis for each pump, and irrigation design.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil evaluation of the land application site shall be provided. This evaluation shall be presented to the Division by the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(A) field description of soil profile, based on examinations of excavation pits or auger borings, within seven feet of land surface or to bedrock describing the following parameters by individual diagnostic horizons: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive horizon; and presence or absence and depth of evidence of any seasonal high water table. Applicants shall dig pits if necessary for proper evaluation of the soils at the site;
(B) recommendations concerning loading rates of liquids, solids, other residuals constituents, and amendments for land application sites onto which residuals are applied only through fixed irrigation facilities or irrigation facilities fed through a fixed supply system. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon for each soil mapping unit. Maximum irrigation precipitation rates shall be provided for each soil mapping unit;
(C) a field-delineated soil map delineating soil mapping units within the land application site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit; and
(D) a representative soils analysis for standard soil fertility and all pollutants listed in Rule .1105(b) of this Section. The Standard Soil Fertility Analysis shall include the following parameters: acidity, base saturation (by calculation), calcium, cation exchange capacity, copper, exchangeable sodium percentage (by calculation), magnesium, manganese, percent humic matter, pH, phosphorus, potassium, sodium, and zinc.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by the . applicant. The hydrogeologic evaluation shall be of the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth greater than 20 feet shall be required if the respective depth is used in predictive calculations. This evaluation shall be based on sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes the following components:
(A) a description of the regional and local geology and hydrogeology;
(B) a description, based on field observations of the land application site, of the land application site topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the contaminant plume and treated wastewater;
(C) changes in the lithology underlying the site;
(D) depth to the bedrock and the occurrence of any rock outcrops;
(E) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in-situ field testing, such as slug tests or pumping tests, in the intended area of irrigation;
(F) the depth to the seasonal high water table;
(G) a discussion of the relationship between the affected aquifers of the land application site to local and regional geologic and hydrogeologic features;
(H) a discussion of the groundwater flow regime of the site prior to the operation of the proposed site and the post operation of the proposed site, focusing on the relationship of the site to groundwater receptors, groundwater discharge features, and groundwater flow media; and
(I) if residuals are applied through fixed irrigation facilities or irrigation facilities fed through a fixed supply system only and if the seasonal high water table is within six feet of the surface, a mounding analysis to predict the level of the seasonal high water table after residuals land application.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(5) For land application sites onto which residuals are applied through fixed irrigation facilities or irrigation facilities fed through a fixed supply system only, the applicant shall provide to the Division a water balance that determines the required residuals storage based upon the following most limiting factor:
(A) hydraulic loading based on the most restrictive horizon;
(B) hydraulic loading based on the groundwater mounding analysis;
(C) nutrient management based on agronomic rates for the specified cover crop; or
(D) nutrient management based on crop management.
(6) A project evaluation and a receiver site management plan (if applicable) with recommendations concerning cover crops and their ability to accept the proposed application rates of liquid, solids, minerals and other constituents of the residuals shall be provided to the Division by the applicant.
(7) Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(A) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or
(C) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
(e) For new and expanding surface disposal units:
(1) Site plans. If required by G.S. 89C, a professional land surveyor shall provide location information on boundaries and physical features not under the purview of other licensed professions. Site plans or maps shall be provided to the Division by the applicant depicting the location, orientation, and relationship of the surface disposal unit features including:
(A) a scaled map of the surface disposal unit, with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all surface disposal unit-related structures and fences within the surface disposal unit;
(B) the location of each of the following that are located within 500 feet of a waste treatment, storage, or disposal site, including a delineation of their review and compliance boundaries:
(i) wells, including usage and construction details if available;
(ii) ephemeral, intermittent, and perennial streams;
(iii) springs;
(iv) lakes;
(v) ponds; and
(vi) other surface drainage features;
(C) setbacks as required by Rule .1108 of this Section; and
(D) site property boundaries within 500 feet of the surface disposal unit.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that locating boundaries and physical features, not under the purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying pursuant to G.S. 89C.]
(2) Engineering design documents. If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division by the applicant:
(A) engineering plans for the surface disposal unit and equipment except those previously permitted unless they are directly tied into the new units or are necessary to understanding the complete process;
(B) specifications describing materials to be used, methods of construction, and means for ensuring quality and integrity of the finished product, including leakage testing; and
(C) engineering calculations, including hydraulic and pollutant loading, sizing criteria, hydraulic profile, and total dynamic head and system curve analysis for each pump.
[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering pursuant to G.S. 89C.]
(3) Soils report. A soil evaluation of the surface disposal unit site shall be provided to the Division by the applicant in a report that includes the following. If required by G.S. 89F, a soil scientist shall prepare this evaluation:
(A) field description of soil profile, based on examinations of excavation pits or auger borings, within seven feet of land surface or to bedrock describing the following parameters by individual diagnostic horizons: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive horizon; and presence or absence and depth of evidence of any seasonal high water table. Applicants may be required to dig pits when necessary for proper evaluation of the soils at the site; and
(B) a field-delineated soil map delineating major soil mapping units within the surface disposal unit site and showing all physical features, location of pits and auger borings, legends, scale, and a north arrow. The legends shall also include dominant soil series name and family or higher taxonomic class for each soil mapping unit.
[Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science pursuant to G.S. 89F.]
(4) Hydrogeologic report. A hydrogeologic description prepared by a Licensed Geologist, Licensed Soil Scientist, or Professional Engineer if required by Chapters 89E, 89F, or 89C, respectively, shall be provided to the Division by the applicant. The hydrogeologic evaluation shall be of the subsurface to a depth of 20 feet or bedrock, whichever is less deep. An investigation to a depth greater than 20 feet shall be required if the respective depth is used in predictive calculations. This evaluation shall be based on sufficient numbers, locations, and depths of borings to define the components of the hydrogeologic evaluation. In addition to borings, other techniques may be used to investigate the subsurface conditions at the site, including geophysical well logs, surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that includes the following components:
(A) a description of the regional and local geology and hydrogeology;
(B) a description, based on field observations of the site, of the site topographic setting, streams, springs and other groundwater discharge features, drainage features, existing and abandoned wells, rock outcrops, and other features that may affect the movement of the contaminant plume and treated wastewater;
(C) changes in the lithology underlying the site;
(D) the depth to bedrock and the occurrence of any rock outcrops;
(E) the hydraulic conductivity and transmissivity of the affected aquifer as determined by in-situ field testing, such as slug tests or pumping tests, in the intended area of irrigation;
(F) the depth to the seasonal high water table;
(G) a discussion of the relationship between the affected aquifers of the site to local and regional geologic and hydrogeologic features; and
(H) a discussion of the groundwater flow regime of the site prior to the operation of the proposed unit and the post operation of the proposed unit, focusing on the relationship of the unit to groundwater receptors, groundwater discharge features, and groundwater flow media.
[Note: The North Carolina Board for Licensing of Geologists, via letter dated April 6, 2006, North Carolina Board for Licensing of Soil Scientists, via letter dated December 1, 2005, and North Carolina Board of Examiners for Engineers and Surveyors, via letter dated December 1, 2005, have determined that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes practicing geology pursuant to G.S. 89E, soil science pursuant to G.S. 89F, or engineering pursuant to G.S. 89C.]
(5) Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(A) legal documentation of ownership, such as a contract, deed, or article of incorporation;
(B) an agreement of an intent to purchase the property that is written, notarized, and signed by both parties, accompanied by a plat or survey map; or
(C) an agreement to lease the property that is written, notarized, and signed by both parties, indicating the intended use of the property, accompanied by a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A ncac 02T .1105 POLLUTANT LIMITS
(a) Residuals shall not be land applied if the concentration of any pollutant in the residuals exceeds the ceiling concentration for that pollutant as stipulated in the following on a dry weight basis:
Pollutant Ceiling Concentration
(milligrams per kilogram)
Arsenic 75
Cadmium 85
Copper 4,300
Lead 840
Mercury 57
Molybdenum 75
Nickel 420
Selenium 100
Zinc 7,500
(b) Class B residuals shall not be land applied if the application causes the cumulative pollutant loading rate, on a dry weight basis, to be exceeded for any pollutant as stipulated in the following:
Pollutant Cumulative Pollutant
Loading Rate
(kilograms per hectare)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Nickel 420
Selenium 100
Zinc 2,800
Compliance with the cumulative pollutant loading rates shall be determined using one of the following methods:
(1) by calculating the existing cumulative level of pollutants using analytical data from all historical land application of residuals not otherwise exempted by this Paragraph; or
(2) for land on which land application events of residuals has not occurred or for which the data required in Paragraph (b) of this Rule is incomplete, by determining background concentrations through representative soil sampling.
(c) Class A residuals shall not be applied if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant, as stipulated in the following on a dry weight basis:
Pollutant Monthly Average Concentration
(milligrams per kilogram)
Arsenic 41
Cadmium 39
Copper 1,500
Lead 300
Mercury 17
Nickel 420
Selenium 100
Zinc 2,800
(d) Residuals shall not be placed in a surface disposal unit if the concentration of any pollutant in the residuals exceeds the concentration for that pollutant, as stipulated in the following on a dry weight basis:
Distance from Surface Disposal Unit Ceiling Concentration
Boundary to Closest Property Line (milligrams per kilogram)
(meters)
Arsenic Chromium Nickel
0 to less than 25 30 200 210
25 to less than 50 34 220 240
50 to less than 75 39 260 270
75 to less than 100 46 300 320
100 to less than 125 53 360 390
125 to less than 150 62 450 420
greater than 150 73 600 420
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.
15A ncac 02T .1106 PATHOGEN REDUCTION REQUIREMENTS
(a) Class A biological residuals shall meet the following requirements:
(1) The requirements in this Paragraph shall be met no later than meeting the vector attraction reduction requirements in Rule .1107 of this Section, unless the vector attraction reduction methods in Rule .1107(a)(6), Rule .1107(a)(7), and Rule .1107(a)(8) of this Section are met.
(2) Biological residuals shall be monitored for the density of fecal coliform or Salmonella sp. bacteria at the time that the residuals are used or disposed, or at the time they are prepared for sale or giving away in a bag or other container for land application, to demonstrate that:
(A) the density of fecal coliform is less than 1,000 Most Probable Number per gram of total solids on a dry weight basis; or
(B) the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids on a dry weight basis.
(3) The biological residuals meet one of the following requirements:
(A) Time and Temperature. The temperature of the biological residuals shall be maintained at a specific value for a period of consecutive time in accordance with the following:
Total Solids Temperature (t) Time Equation to Determine
(percent) (degrees Celsius) Minimum Holding Time
(D) (days)
( 7 ( 50 ( 20 minutes 131,700,000
100.1400t
( 7 ( 50 ( 15 seconds1 131,700,000
100.1400t
< 7 ( 50 ( 15 seconds 131,700,000
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