Section .0100 - Definitions And References

Link to law: 15a - environmental quality/chapter 02 - environmental management/subchapter d/15a ncac 02d .0101.html
Published: 2015

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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 The North Carolina Water and

Air Resources of Article 21.

(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

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.

(3)           "Air pollutant" means an air pollution

agent or combination of such agents, including any physical, chemical,

biological, 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, fans, etc.) used to contain, capture, or transport a

pollutant to a control device.

(7)           "CFR" means the Code of Federal


(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 status.

(10)         "Control device" means equipment (fume

incinerator, adsorber, absorber, scrubber, filter media, cyclone, electrostatic

precipitator, or the like) used to destroy or remove air pollutant(s) before

discharge to the ambient air.

(11)         "Day" means a 24-hour period beginning at


(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 and is 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 includes heating water, generating or circulating

steam, heating air as in warm air furnace, or furnishing process heat by

transferring energy by fluids or through process vessel walls.

(20)         "Garbage" means any animal and vegetable

waste resulting from the handling, preparation, cooking, and 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


(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 Subchapter 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


(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; or any 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. The concentration

of sulfur dioxide shall be measured by the methods specified in this


(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, but not limited to, plastic products, paper, wood, glass,

metal, paint, grease, oil and other petroleum products, chemicals, and ashes.

(42)         "ug" 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,


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.