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15A NCAC 02D .0801



SECTION .0800 - COMPLEX SOURCES PURPOSE AND SCOPE



(a) The purpose of this Section is to set forth requirements of the Commission relating to construction or modification of a transportation facility which may result in an ambient air quality standard for carbon monoxide being exceeded. (b) For purposes of this Section any transportation facility that was under construction or was the subject of a contract for construction prior to November 15, 1973, shall not be considered a new air pollution source. (c) Approval to construct or modify a transportation facility shall not relieve any owner or developer of the transportation facility of the responsibility to comply with the state control strategy and all local and state regulations which are part of the North Carolina State Implementation Plan for Air Quality.



History Note:



Authority G.S. 143-215.3(a)(1); 143-215.109; Eff. February 1, 1976; Amended Eff. 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; July 1, 1984.





15A NCAC 02D .0802 DEFINITIONS



For the purposes of this Section, the following definitions apply:



(1)



(2)



(3) (4) (5)



History Note:



"Construction" means any activity following land clearing or grading that engages in a program of construction specifically designed for a transportation facility in preparation for the fabrication, erection, or installation of the building components which are a part of the transportation facility, e.g. curbing, footings, conduit, paving, etc. "Modify" or "modification" means to alter or change the facility resulting in an increase in parking capacity as defined in Rule .0805 of this Section or the number of aircraft operations from an airport as defined in Rule .0804 of this Section. "Peak-hour aircraft operation" means the hour during the calendar year when the maximum number of aircraft operations (one operation equals one takeoff or one landing) occur. "Owner or developer" means any person who owns, leases, develops, or controls a transportation facility. "Transportation facility" means a complex source as defined in G.S. 143-213(22) which is subject to the requirements of this Section. 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); 143-215.109; Eff. February 1, 1976; Amended Eff. July 1, 1994; July 1, 1984.





15A NCAC 02D .0803



History Note:



HIGHWAY PROJECTS



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



(a) This Rule does not apply to military airfields. (b) Before constructing or modifying any airport facility designed to have at least 100,000 annual aircraft operations, or at least 45 peak-hour aircraft operations (one operation equals one takeoff or one landing), the owner or developer of the airport facility shall apply for and have received a permit as described in 15A NCAC 2Q .0600, and shall comply with all terms and conditions therein.



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); 143-215.109; Eff. February 1, 1976; Amended Eff. July 1, 1996; July 1, 1994; July 1, 1984.





15A NCAC 02D .0805 PARKING FACILITIES



(a) The owner or developer of a transportation facility shall not construct or modify a parking area or associated buildings until he has applied for and received a permit under 15A NCAC 2Q .0600 where the parking area is for:



(1)



(2) (3)



(4) (5) (6)



construction of a new or expansion of an existing parking lot or combination of parking lots resulting in a parking capacity of at least 1500 spaces or a potential open parking area of at least 450,000 square feet (1500 spaces at 300 square feet per stall); modification of an existing parking lot or combination of parking lots with a parking capacity of at least 1500 spaces that will be expanded by at least 500 spaces beyond the last permitted number of spaces; construction of a new or expansion of an existing parking deck or garage resulting in a parking capacity of at least 750 spaces or a potential parking area of at least 225,000 square feet (750 spaces at 300 square feet per stall); modification of an existing parking deck or garage with a parking capacity of at least 750 spaces that will be expanded by at least 250 spaces beyond the last permitted number of spaces; construction of a new or expansion of an existing combination of parking lots, decks, and garages resulting in a parking capacity of at least 1000 spaces or a potential parking area of at least 300,000 square feet; or modification of an existing combination of parking lots, decks, and garages with a parking capacity of at least 1000 spaces that will be expanded by at least 500 spaces beyond the last permitted number of spaces.



(b) New or modified parking lots, decks, or garages with a parking capacity of 500 or more spaces and existing or proposed parking facilities that:



(1) (2)



are directly adjacent to each other and the combined parking capacities are greater than those defined in Paragraph (a) of this Rule, and use the same public roads or traffic network, shall be considered one lot or deck. Transportation facilities shall be considered to be directly adjacent if they are within 100 meters of each other in a suburban or rural area or 50 meters of each other in an urban area and if there are no existing physical barriers, such as, buildings or terrain.



(c) Temporary barriers shall not be used to reduce the capacity of an otherwise affected transportation facility to less than the amount which requires permitting. The design and plan shall clearly show the total parking capacity. (d) Phased construction shall be evaluated and permitted for a period not to exceed five years from the date of application.



History Note:



Filed as a Temporary Rule 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); 143-215.109; Eff. July 1, 1994; Amended Eff. July 1, 1996.





15A NCAC 02D .0806 AMBIENT MONITORING AND MODELING ANALYSIS



(a) The Director may require the owner or developer of a transportation facility subject to the requirements of this Section to conduct ambient air quality monitoring if dispersion modeling, traffic analysis, or other ambient air quality monitoring data indicates that there is a potential for the ambient air quality standard for carbon monoxide to be exceeded. If ambient air quality monitoring is required, the permit shall specify the duration of such monitoring. (b) The Director may require the owner or developer of a transportation facility subject to the requirements of this Section to perform dispersion modeling analyses to predict the impact of proposed construction or modification of a transportation facility on ambient air quality if ambient air quality monitoring, traffic analysis, or other dispersion modeling analysis indicates that there is a potential for the ambient air quality standard for carbon monoxide to be exceeded.



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); 143-215.66; 143-215.109; Eff. July 1, 1994.






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Last Modified: Mon Mar 10 08:11:37 2008
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