§ 143-215.107. Air quality standards and classifications. - North Carolina Statutes

§ 143‑215.107.  Air quality standards andclassifications.

(a)        Duty to Adopt Plans, Standards, etc. – The Commission ishereby directed and empowered, as rapidly as possible within the limits offunds and facilities available to it, and subject to the proceduralrequirements of this Article and Article 21:

(1)        To prepare and develop, after proper study, a comprehensiveplan or plans for the prevention, abatement and control of air pollution in theState or in any designated area of the State.

(2)        To determine by means of field sampling and other studies,including the examination of available data collected by any local, State orfederal agency or any person, the degree of air contamination and air pollutionin the State and the several areas of the State.

(3)        To develop and adopt, after proper study, air qualitystandards applicable to the State as a whole or to any designated area of theState as the Commission deems proper in order to promote the policies andpurposes of this Article and Article 21 most effectively.

(4)        To collect information or to require reporting from classesof sources which, in the judgment of the Environmental Management Commission,may cause or contribute to air pollution. Any person operating or responsiblefor the operation of air contaminant sources of any class for which theCommission requires reporting shall make reports containing such information asmay be required by the Commission concerning location, size, and height ofcontaminant outlets, processes employed, fuels used, and the nature and timeperiods or duration of emissions, and such other information as is relevant toair pollution and available or reasonably capable of being assembled.

(5)        To develop and adopt emission control standards as in thejudgment of the Commission may be necessary to prohibit, abate, or control airpollution commensurate with established air quality standards. This subdivisiondoes not apply to that portion of the National Emission Standards for HazardousAir Pollutants for asbestos that governs demolition and renovation as set outin 40 C.F.R. § 61.141, 61.145, 61.150, and 61.154 (1 July 1993 edition).

(6)        To adopt motor vehicle emissions standards; to adopt, whennecessary and practicable, a motor vehicle emissions inspection and maintenanceprogram to improve ambient air quality; to require manufacturers of motorvehicles to furnish to the Equipment and Tool Institute and, upon request andat a reasonable charge, to any person who maintains or repairs a motor vehicle,all information necessary to fully make use of the on‑board diagnosticequipment and the data compiled by that equipment; to certify to theCommissioner of Motor Vehicles that ambient air quality will be improved by theimplementation of a motor vehicle emissions inspection and maintenance programin a county. The Commission shall implement this subdivision as provided inG.S. 143‑215.107A.

(7)        To develop and adopt standards and plans necessary toimplement programs for the prevention of significant deterioration and for theattainment of air quality standards in nonattainment areas.

(8)        To develop and adopt standards and plans necessary toimplement programs to control acid deposition and to regulate the use of sulfurdioxide (SO2) allowances and oxides of nitrogen (NOx) emissions in accordancewith Title IV and implementing regulations adopted by the United StatesEnvironmental Protection Agency.

(9)        To regulate the content of motor fuels, as defined in G.S.105‑449.60, to require use of reformulated gasoline as the Commissiondetermines necessary, to implement the requirements of Title II andimplementing regulations adopted by the United States Environmental ProtectionAgency, and to develop standards and plans to implement this subdivision. Rulesmay authorize the use of marketable oxygen credits for gasoline as provided infederal requirements.

(10)      To develop and adopt standards and plans necessary toimplement requirements of the federal Clean Air Act and implementingregulations adopted by the United States Environmental Protection Agency.

(11)      To develop and adopt economically feasible standards andplans necessary to implement programs to control the emission of odors fromanimal operations, as defined in G.S. 143‑215.10B.

(12)      To develop and adopt a program of incentives to promotevoluntary reductions of emissions of air contaminants, including, but notlimited to, emissions banking and trading and credit for voluntary earlyreduction of emissions.

(13)      To develop and adopt rules governing the certification ofpersons who inspect vehicle‑mounted tanks used to transport motor fueland to require that inspection of these tanks be performed only by certifiedpersonnel.

(14)      To develop and adopt rules governing the sale and service ofmobile source exhaust emissions analyzers and to require that vendors of theseanalyzers provide adequate surety to purchasers for the performance of thevendor's contractual or other obligations related to the sale and service ofanalyzers.

(b)        Criteria for Standards. – In developing air quality andemission control standards, motor vehicle emissions standards, motor vehicleemissions inspection and maintenance requirements, rules governing the contentof motor fuels or requiring the use of reformulated gasoline, and otherstandards and plans to improve ambient air quality, the Commission shallconsider varying local conditions and requirements and may prescribe uniformstandards and plans throughout the State or different standards and plans fordifferent counties or areas as may be necessary and appropriate to improveambient air quality in the State or within a particular county or area, achieveattainment or preclude violations of state or national ambient air qualitystandards, meet other federal requirements, or achieve the purposes of this Articleand Article 21.

(c)        Chapter 150B of the General Statutes governs the adoptionand publication of rules under this Article.

(d),       (e) Repealed by Session Laws 1987, c. 827, s. 205.

(f),        (g) Repealed by Session Laws 1995, c. 507, s. 27. (1973, c. 821, s. 6; c. 1262, s. 23; 1975, c. 784; 1979, c. 545, s. 1;c. 931; 1987, c. 827, ss. 154, 205; 1989, c. 132; c. 168, s. 48; 1991, c. 403,s. 3; c. 552, s. 9; c. 761, s. 40; 1991 (Reg. Sess., 1992), c. 889, s. 3; 1993,c. 400, s. 7; 1993 (Reg. Sess., 1994), c. 686, s. 6; 1995, c. 123, s. 9; c.507, s. 27.8(s); 1997‑458, s. 3.1; 1999‑328, s. 3.12; 2000‑134,s. 1; 2002‑4, s. 3; 2002‑165, s. 1.7.)