AQ_GEN_RO_20201231_MISC_OBWaiver_MRO2020_49

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL ABRAGZINSKAS
Director
W
Ti
QUAM
NORTH CAROLINA
Environmental Quality
June 11,2020
Mr. Alex Leonard
Millstone Site Solutions
11605 Mooresville Road
Davidson, NC 28036
Subject: Open Burning Setback Exception Approval
NCAC ISA 2D .1900 "Open Burning"
Millstone Site Solutions
Davidson, North Carolina
Iredell County
Dear Mr. Leonard:
This office is in receipt of your completed Open Burning Setback Exception request submitted
June 10,2020, for the proposed open burning of land clearing or right-of-way maintenance debris located
at 1350 Coddle Creed Road, Mooresville, Iredell County, North Carolina.
Personnel of the Division of Air Quality of this office have reviewed your Open Burning Setback
Exception request and our determinations are listed as follows:
Based upon the information submitted in your completed Open Burning Setback Exception
request, the proposed open burning of land clearing or right-of-way maintenance debris by Millstone Site
Solutions at the address of 1350 Coddle Creek Road, Mooresville, Iredell County, North Carolina is
hereby APPROVED by this office.
This open burning setback exception, which is efTective June 11,2020 and expires on July 10,
2020, is granted in accordance with the information received March 23,2018, including any plans,
specifications, and other supporting information, all of which are filed with this division and are
incorporated as part of this open burning setback exception approval. If additional dwellings, commercial
or institutional establishments, or other occupied structures are constructed within 500 feet of the open
burning site, a written statement waiving objections must be obtained from the new residents or owners
prior to the open burning. If existing dwellings, commercial or institutional establishments, or other
occupied structures are sold, leased, or rented within 500 feet of the open burning site, a written statement
waiving objections must be obtained from the new residents or new owners prior to the open burning. In
the case of a lease or rental agreement, the lessee or renter shall be the person from whom permissions
shall be gained prior to the open burning.
A copy of this approval letter, the information submitted in your completed Open Burning
Setback Exception request, and any additional written waivers must be kept at the land clearing or right-
of-way maintenance site during the open burning. This information must be available for review by
Division of Air Quality personnel, upon request.
Please find enclosed a copy of Title 15A North Carolina Administrative Code, Chapter 2D .1900
"Open Burning". It should be noted that this setback exception approval applies only to the five hundred
(500) feet setback requirement in accordance with 15A NCAC 2D .1903 (b)(2)(B). This open burning
setback exception approval does not relieve you or any subcontractors from complying with all other Air
North Carolina Department of Environmental Quality I Division of Air Quality
f ^ Mooresville Regional Office | 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
lilQQ T I nCiA £.£.•> C
Quality Regulations, including 15A NCAC 2D .1903 (b)(2) which states in part that the location of the
burning shall be at least 250 feet from a public road unless the prevailing winds at the time of the burning
are away from the roadway; or any applicable federal, state, or local requirements (such as North Carolina
General Statute 113-60.21 through 113-60.28 which prohibits open burning without first obtaining an
Open Burning Permit from the North Carolina Forest Service unless one of the exceptions ^ listed in the
General Statute applies). Please contact the Iredell County Ranger at for more information regarding an
Open Burning Permit. Also, the City of Mooresville may require a burning permit at this site. Please
contact the City of Mooresville Fire Department at for more information.
This open burning setback exception approval is subject to revocation by this division upon a
determination that mformation contained in the request or presented in the support thereof is incorrect,
conditions under which this exception was granted have changed (including new construction within the
500 feet setback area), or violations of any applicable Federal, State, or local requirements have occurred.
\
Current open burning rules include some restrictions based on ozone or particulate air quality
forecasts. As part of the North Carolina Air Awareness Program, Meteorologists issue the forecasts at 3
p.m. eveiy day for the following day in order to allow you to plan the next day's operations. The
Charlotte forecast area includes Cabarrus, Gaston, Iredell South of Interstate 40. Lincoln, Mecklenburg,
Rowan, Union, and York Coimties. The Hickoiy forecast area includes Alexander, Burke, Caldwell, and
Catawba Counties. !
Open burning is prohibited in the above noted counties on days when the ozone or particulate air
quality forecast is "code orange", "code red", or "code purple". The Division of Air Quality discourages
open buming-on those days in other areas of the state. On such "orange", "red" or "purple" days, there is
a high potential for ozone or particulate levels to exceed the standard. Open burning is allowed on "code
green" and "code yellow" days. The current forecast information can be found on the internet at
www.ncair.org (click on the Air Quality Forecasts button).
Please be advised that violations of the air quality open burning regulations could result in the
initiation of an enforcement action by this Office which could include a recommendation for the
assessment of a civil penalty in accordance with North Carolina General Statute 143-215.114A.
If you have any questions relative to this matter, please do not hesitate to contact me at Mr. Ryan
Mills, Environmental Specialist of this Office at [phone].
! ' '
Sincerely,
C
•Ryan C. Mills, Environmental Specialist I
Division of Air Quality, NCDEQ
ROM:
Enclosure
c: MRO Files
Https.//ncconnect sharepomtcom/sttes/deq/daq_niro/Counties/IREDELL/_OPENBURN/RichardAbemathyGradmg&Septic OB SETBACK 20
180327.docx ~ ~
Mills, Ryan
From: Mills, Ryan
Sent: Thursday, January 23, 2020 4:54 PM
To: Jonathan Miller
Cc: Ingle, Bruce ([e-mail]), Foutz, Joe
Subject: DAQ Open Burning Setback Approval
Attachments: 15A-NCAC-02D-Section-.1900.pdf, Waiver for Open Burning SetbacLpdf
January 23, 2020
Mr Jonathan Miller
Richard Abernathy Grading & Septic
1491 Mt. Ulla Highway
Mt. Ulla, NC 28125
Subject: Open Burning Setback Exception Approval
NCAC 15A 2D 1900 "Open Burning"
Richard Abernathy Grading & Septic - Collins Grove / Nest Home Community
Mooresville, North Carolina
Iredell County
Dear Mr. Miller,
This office is in receipt of your complete Open Burning Setback Exception request submitted January 21, 2020, for the
proposed open burning of land clearing or right-of-way maintenance debris located at the intersection of Highway 21
and Shinnville Road, Mooresville, Iredell County, North Carolina
Personnel of the Division of Air Quality of this office have reviewed your Open Burning Setback Exception request and
our determinations are listed as follows.
Based upon the information submitted in your completed Open Burning Setback Exception request, the proposed open
burning of land clearing or right-of-way maintenance debris by Richard Abernathy Grading & Septic, the GPS coordinates
of 35^628439, -80.822152 which is near the intersection of Highway 21 and Shinnville Road in Iredell County is hereby
APPROVED by this office.
This open burning setback exception, which is effective January 22, 2020 and expires on February 21, 2020, is granted
in accordance with the information received on January 21, 2020, including any plans, specifications, and other
supporting information, all of which are filed with this division and are incorporated as part of this open burning setback
exception approval. If additional dwellings, commercial or institutional establishments, or other occupied structures are
constructed within 500 feet of the open burning site, a written statement waiving objections must be obtained from the
new residents or owners prior to the open burning. If existing dwellings, commercial or institutional establishments, or
other occupied structures are sold, leased, or rented within 500 feet of the open burning site, a written statement
waiving objections must be obtained from the new residents or new owners prior to the open burning. In the case of a
lease or rental agreement, the lessee or renter shall be the person from whom permissions shall be gained prior to the
open burning.
A copy of this approval letter, the information submitted in your completed Open Burning Setback Exception request,
and any additional written waivers must be kept at the land clearing or right-of-way maintenance site during the open
burning. This information must be available for review by Division of Air Quality personnel, upon request.
Please find enclosed a copy of Title ISA North Carolina Administrative Code, Chapter 2D .1900 "Open Burning". It
should be noted that this setback exception approval applies only to the five hundred (500) feet setback requirement in
accordance with ISA NCAC 2D .1903 (b)(2)(B) This open-burning setback exception approval does not relieve delete
one of the following you or your contractor / «Contractor» or any subcontractors from complying with all other Air
Quality Regulations, including ISA NCAC 2D .1903 (b)(2) which states in part that the location of the burning shall be at
least 2S0 feet from a public road unless the prevailing winds at the time of the burning are away from the roadway, or
any applicable federal, state, or local requirements (such as North Carolina General Statute 113-60 21 through 113-
60 28 which prohibits open burning without first obtaining an Open Burning Permit from the North Carolina Forest
Service unless one of the exceptions as listed in the General Statute applies) Include the following item as needed
Please contact the «County» County Ranger at 704 878-4216 for more information regarding an Open Burning
Permit. Include the following item as needed Also, the City of «City» may require a burning permit at this site Please
contact the City of «City» Fire Department at 704 664-1338Check Number for more information.
This open burning setback exception approval is subject to revocation by this division upon a determination that
information contained in the request or presented in the support thereof is incorrect, conditions under which this
exception was granted have changed (including new construction within the SOO feet setback area), or violations of any
applicable Federal, State, or local requirements have occurred.
Current open burning rules include some restrictions based on ozone or particulate air quality forecasts. As part of the
North Carolina Air Awareness Program, Meteorologists issue the forecasts at 3 p.m every day for the following day in
order to allow you to plan the next day's operations (Underline and bold the county if the fire training is in one of the
following counties) The Charlotte forecast area includes Cabarrus, Gaston, Iredell South of Interstate 40, Lincoln,
Mecklenburg, Rowan, Union, and York Counties. The Hickory forecast area includes Alexander, Burke, Caldwell, and
Catawba Counties.
Open burning is prohibited in the above noted counties on days when the ozone or particulate air quality forecast is
"code orange", "code red", or "code purple". The Division of Air Quality discourages open burning on those days in
other areas of the state. On such "orange", "red" or "purple" days, there is a high potential for ozone or particulate
levels to exceed the standard Open burning is allowed on "code green" and "code yellow" days. The current forecast
information can be found on the internet at www.ncair.org (click on the Air Quality Forecasts button).
Please be advised that violations of the air quality open burning regulations could result in the initiation of an
enforcement action by this Office which could include a recommendation for the assessment of a civil penalty in
accordance with North Carolina General Statute 143-21S 114A
If you have any questions relative to this matter, please do not hesitate to contact Mr. Ryan Mills, Environmental
Specialist I of this Office at (704) 23S-2210.
Sincerely,
Bruce J. Ingle, Regional Supervisor
Division of Air Quality, NCDEQ
RCM:
Enclosure
RyanMills
Environmental Specialist I, Mooresville Regional Office.
North Carolina Department of Environmental Quality
704.235^210 (Office)
[e-mail]
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MooiesviUe Regional Office [phone] [phone] fax
Washington Regional Office [phone] [phone] fee
Wilmington Regional Office [phone] [phone] fax
Winston-Salem Regional Office [phone] [phone] fax
Waiver Form for Open Burning Within 500 Feet of Occupied Dwellings - Part 1
Form must be filled out and signed in ink
Open burning of land clearing debris within 500 feet of occupied dwellings is allowed only If prior approval Is obtained from all affected
residents or property owners and the Division of Air Quality (DAQ). Please note that most open burning, Including burning of land clearing
debris, is prohibited on code orange, red, or purple days in the counties that are in air quality forecast areas, even if the burning is to
take place under a bum permit issued by the N.C Forest Service. The Division will issue daily air quality forecasts for the following'day for
specific regions/counties ofthe state, To hear forecasts, dial 1-888-RU4NCAIR (1-888- 784-6224). The forecasts and the affected counties are also
available on the Internet at: www.ncalr.org (Air Qaallty Forecasts button). You may also contact your Division of Air Quality Regional Office for
forecasts or more information.
North Carolina Administrative Code 15A a) 1903 (b)(2)(B) states in part that open burning for (and clearing or right-of-way maintenance is
permissible without an air quality permit if 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 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 open burning associated
with the land clearing operation is obtained and submitted to, and the exception granted by, the regional office supervisor bqforethe 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. 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 objectbn have signed if, the location of the burn, and the type, amount and nature of the combustible
substances. The regional supervisor sha II 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.
Company and Project ^
Information; ^and Cleanng Co. Name: RCompany Mailing Address: QhA-. \ ^ \ \a. Ul Ol j
Co.Contact Name: OOiUpr Phone; ^
Land Ciearing'Project Name: Hhl GcOyR /y&tm Pgirnm, Acreage Cleared for Burning: Ub
Location of Land Clearing Project:
PnDaresv^v\lp County: 1reo)pA\
Date(s) of Planned Burn: 38 ..QQnlQ
(Not to exceed a 30 day
time period)
DO NOT BURN UNTIL VOU RECEIVE APPROVAL FROM THE REGIONAL OFFICE *»
Instructions;
1 Please complete the above information, The form must be filled out and signedm ink.
2. Show this information to the resident/owner/person in charge of each structure for which you need a signature.
3 Clearly complete the dwelling signature page and submit as many pages as needed with this cover form.
4, Submit a map ofthe burn project area. This mapshpuld be a copy of a county tax map that shows property lines,
a) draw three drcles at 500 and 1AOO feet,
b) draw in all dwellings and roads in these circles, and Indicate the address number on each within the 500 ft drcle,
5, Answer the following questions and sign this form below the certification statement. Also, sign all pages submitted.
6, Submitthis information to the appropriate regional office and do not burn until you receive approval from that office.
Certificatton Statement: ^
Did anyone denyyou permission to bum at this location? □ No if yes, please specify on the following line.
l-Anrrvp. (Virr>rn(3r\\-V\p_^ LLO.
I certify that the information submitted on tbjs4Qr^
Company Representative Signaturef
** DAQ USE ONLY
(Revleed 11/25/2014}
Air Quality
Supervisor;
eandac
Date. cV\n, olDSQ
Date:
Thf« Pnrm 1c hacAc4 nn Mr"A^ KA OD 1 ar^ri f^Anoral Accomhil/ rtf ^ACtrnn I aw 0A11.70A WR 11Q
Form must be filler^ out and signed in ink
Waiver Form for Qpen Burning Within 300 Feet of Occu|)ied Dwellings or Structures
Part Indmdual Dwelling Signature Form
This form should not be completed without first reading Part 1
I give permission to the Land Clearing Company, named above, to open burn the land clearing debris within 500 ft of
my structure on the specified date(s) or within 30 days of the DAQ regional supervisor approval, 1 understand that it is
only because the distance from my structure to the open burning is less than 500 feet that I give my permission.
** These signatures are approvals to burn for the dates listed on the first page or for
30 days after a DAQ regional supervisor signs the form **
n™. FleMfHrrrys Si^ture
street
Telq,toe» ~]qU_ 2 Q/fry ;
Person Signing Waiyen
Name Signature
Street Address
Telephone #Date
Person Signing Waiver:
Name Signature
Street Address
Telephone #Date
Person Signing Waiver:
Name Signature
Street Address
Telephone #Date
Person Signing Waiver;
Name Signature
j
- Street Address
Telephone#Date
(Sisned) Date ( \{\rt. I; (9Qn?0
I certify that the information submhtei on thU form is trne accurate^
Company Representativi
•»!***************■***#*************** ********************** *****************
Open burning activities cannot commence unless the signatures of ALL RESIDENTS OR PROPERTY OWNERS WITHIN SCO FEET of the burn
site have been obtained and the Regional Air Quality Supervisor has approved and signed the waiver form. Burning without an
approved waiver fonn may result m the issuance of a Notice of Violation and/or the assessment of civil penalties up to $2S,000 per day
per violation.
Disclaimer: This svaivar does not relieve the person(s) condnctkkg the open burning) wwc the property owner where the burning is
taking place, ol responsibility for damage done to neighboring properties. Additionally, this waiver does not rdieve the responsible
parties fr om their obligation to fully comply with North Carolina's Open Burning Rules (ISA NCAC 2D .1900). For moreinformatiDn, visit Dur website at ncair.org^ - . ^
(Revised 11/2-5/2014)
1/22/2020 187 Shinnville Rd. Mooresville, NC 28115 to 1891 Charlotte Hwy, Mooresviile. NO 28115 - Google Maps
Go gle Maps 187ShinnvilleRd, Mooresviile, no 28115 to 1891 Charlotte Hwy, Mooresville, NC 28115 Drive 0.6 mile, 1 min
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^ills^^an
From:
Sent:
To:
Subject:
Attachments:
Jonathan Miller <jmil![e-mail]>
Tuesday, January 21,2020 9.14 PM
Mills, Ryan
[External] Fwd: Site burn / Waiver Form
SKMBT_42120012121390 pdf
Jonathan Miller
[phone]CeU
imillerl [e-mail]
Forwarded message
From: Bart Abernathy <[e-mail]>
Date: Tue, Jan 21,2020 at 2:56 PM
Subject: Fwd: Site bum
To: Pooh. <[e-mail]>
Sent firoin my iPhone
I
Begin forwarded message:
From: Scott Plemmons <contactscott22@pma.i1 .cnm>
. Date: January 21,2020 at 1:11:59 PM EST
To: [e-mail]
Subject: Site bum
To whom it may concern, I am giving Bart Abemathy permission for a controlled bum behind
our property at 187 Shirmville Rd, Mooresville NC.
Please caU if you have questions,
Scott Plemmons
704-254-6190
SECTION .1900 - OPEN BURNING
ISA 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 GS 143-215 3(a)(1), 143-215 107(a)(5),
EffJulyl, 1996,
Amended Eff January 1, 2015, July 1, 2007, June 1, 2004,
Readopted Eff September 1, 2019
ISA 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 bum, 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 m 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 cleanng of vegetation m connection with constmction 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 tmnk whose diameter exceeds six inches.
(7) "Nonattainment area" means an area designated in 40 CFR 81 334 as nonattamment
(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 m 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 15ANCAC 02D .1901 means
(a) the person m 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 bum, that the land owner has benefited from it
(13) "Pile" means a quantity of combustible material assembled together m 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 m
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 bums 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 matenals such as shingles
or asphaltic roofing materials, constmction materials, packaging for constmction materials, wire,
electrical insulation, and treated or coated wood
History Note Authority G S 143-215 3(a)(l),
Ejf July 1, 1996,
Amended Ejf 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) All 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 tnmmmgs, 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 am 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 nght-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 m 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 bum, 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 bum site when such institution is occupied;
(C) Only land-cleared plant growth is bumed. Heavy oils, items containing natural or
synthetic mbber, synthetic materials, or any materials other than plant growth shall not be
bumed, however, kerosene, distillate oil, or diesel fuel may be used to start the fire,
(D) Initial bummg 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 cnteria
(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;
(H) there are no more than two piles, each no more than 20 feet in diameter,
being burned at one time, and
(El) 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
buming is currently acceptable to 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 currently acceptable to the North Carolina
Department of Agriculture and Consumer Services,
(6) fires purposely set for wildlife management practices for which buming is currently acceptable to
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, for the purpose of testing or developing these matenals or
equipment in accordance with a standard qualification program;
(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 mstmction 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 m Subparagraphs (9) or (10) of this Paragraph, purposely set for the mstmction
and training of fire-fightmg personnel, provided that
(A) the regional office supervisor has been notified according to the procedures and deadlines
contained m the notification form and the regional office supervisor has granted
permission for the buming. The information required to be submitted m 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 stmcture or object and amount of materials to be
bumed at the location of the training exercise,
(iv) the dates that the training exercise will be performed, and
(v) an inspection fi'om a North Carolina Asbestos Inspector that the structure being
bumed is fi-ee of asbestos
The form shall be submitted 10 days prior to commencement of the bum. This form may
be obtained in electronic format at https //deq nc gov/about/divisions/air-quality/air-
quality-enforcement/open-bummg/firefighter-information or by writing the appropriate
regional office at the address m 15A NCAC 02D .1905 and requesting it.
(B) Factors that the regional office supervisor shall consider in granting permission for the
buming 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 pnmary 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;
(ill) 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.
Any deviations from the dates and times of exercises, including additions,
postponements, and deletions, submitted m the schedule in the approved plan shall be
communicated verbally to the regional office supervisor at least one hour before the bum
is scheduled
(12) fires for the disposal of vegetative material generated as a result of a natural disaster, such as
tomado, humcane, or flood, if the regional office supervisor grants permission for the buming.
vThe person desinng to do the bummg 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 m granting permission for the bummg include
type, amount, location of the buming, and nature of combustible substances The regional office
supervisor shall not grant permission for the buming 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 buming pursuant to this Section does not exempt or excuse any person from the
consequences, damages, or injunes that may result from this conduct It does not excuse or exempt any person from
complying with all applicable laws, ordinances, mles or orders of any other govemmental entity having jurisdiction
even though the open buming is conducted in compliance with this Section
History Note Authority GS 143-215 3(a)(1). 143-215 107(a)(5), SL 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
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 industnal, commercial, institutional, or
municipal sites where a temporary air curtain incinerator is defined in Subparagraph (b)(6) of this
Rule
(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 any unavoidable failure of air pollution control equipment, process
equipment, or a process to operate m a normal or usual manner Failures caused entirely or m part
by poor maintenance, careless operations or any other 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 or after the
effective date of this Rule.
(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 at least once during the term of its permit
(7) "Temporary-use air curtain incinerator used in disaster recovery" means an air curtain incinerator
that meets all of the following requirements'
(A) combusts less than 35 tons per day of debris consisting of the materials listed m 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 at least 1 week prior to the end of the 16-week period and provides the
reasons that the additional time is needed The Director will provide written approval for
the additional time if he or she finds that the additional time is warranted based on the
information provided m 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-stamed, 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 nonattamment 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 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; ,
(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 m 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 bum. 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 bum, and the type, amount, and nature of the combustible substances
(d) Exemptions. Temporary-use air curtain incinerators used m 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 temporaiy-use air curtain incinerators used m
disaster recovery as specified m Subparagraph (b)(7) of this Rule,
(2) the air curtain incinerator meets all the requirements pursuant to 40 CFR 60.2969 or 60 3061, as
applicable, 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 all periods of operation is 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 15ANCAC 02Q 0510
(3) The owner or operator of an existing permanent or temporary air curtain incinerator shall complete
and submit a permit application no later than 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 no later than 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 ofthe
air curtain incinerator, where startup is defined as the first 30 minutes of operation
(B) Mamtain 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 all times, other
than dunng 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 no later than 180 days after its initial startup
(g) Performance tests
(1) All 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)(J) of
this Rule
(2) The owner or operator of an existing air curtain incinerator shall conduct an initial performance
test for opacity as specified m 40 CFR 60 8 on or before 90 days after the effective date of this
rule
(3) The ovraer or operator of a new air curtain incinerator shall conduct an initial performance test for
opacity as specified m 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 all initial and annual opacity tests onsite m either paper copy or
electronic format for five years,
(B) make all 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 no later than 60 days following the initial
test and submit annual opacity test results within 12 months following the previous
report;
(B) submit initial and annual opacity test reports to the Division as electronic or paper copy
on or before the applicable submittal date, and
(F) keep a copy ofthe 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),
143-215108, 40 CFR 60 2865, SL 2011-394, s 2,
Eff July 1, 1996,
Amended Eff July 3, 2012, July 1, 2007, December 1, 2005, August 1, 2004,
ReadoptedEff September 1, 2019
ISA NCAC 02D .1905 REGIONAL OFFICE LOCATIONS
Inquiries, requests, and plans shall be handled by the appropriate Department of Environmental Quality regional
office. They are
(1) AsheviHe Regional Office, 2090 U S 70 Highway, Swannanoa, North Carolina 28778;
(2) Wmston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Wmston-Salem, North
Carolina 27105,
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina
28115,
(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27609,
(5) Fayetteville Regional Office, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301;
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889;
and
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405
History Note Authority GS 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, 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 ofjunsdiction
(c) County and municipal governments shall not have the authority to issue permits for air curtain incinerators at a
permanent site as defined m 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 Qualify, 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 GS 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
ISA 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 bumed, and
(3) the location of the bum
(b) Each pile of land clearing or right-of-way maintenance debris that does not comply with the specifications of
15ANCAC 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