WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	There are seven areas in nonattainment for the 8-hour ozone standard and two in Subpart 1; three areas in nonattainment for the PM 2.5 standards EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 tons for listed sources) of any criteria pollutant
Minor Source Permitting Exemption	Fuel and size-based
Minor Source Treatment	Emissions limits: Opacity, SO2 and PM
Emergency Generating Limits	PTE 500 hour, exemption for peakers

 

DE MINIMIS EXEMPTIONS

Exemptions are available for units that meet the following criteria:

IC Engines

• 460 hp or less and burning natural gas
• 1,150 hp or less and burning liquefied petroleum gas
• 410 hp or less and burning diesel or kerosene
• 31 hp or less and burning gasoline

Others

• 10 MMBtu/hr or less and burning kerosene, No. 1 fuel oil, No. 2 fuel oil, or a mixture of these fuels
• 65 MMBtu/hr or less and burning natural gas or liquefied petroleum gas or a mixture of these fuels

MINOR SOURCE PERMITTING

Sources that cannot qualify for one of the above exemptions must obtain a state minor source permit. A permit will have a 20% opacity limit, an SO2 limit of 2.3 lb/MMBtu and a PM emission rate which will vary based on size. The PM limit is generally not a concern for new units. Sources taking a synthetic minor to avoid Title V permitting will have an operating or fuel limit.

There is no public comment period. The state has 90 days to complete the permitting process, but it generally takes from 45-60 days.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons (100 tons of listed sources) per year of a criteria pollutant triggers PSD in attainment areas; 100 tons triggers NSR in nonattainment areas.

TREATMENT OF EMERGENCY ENGINES

There is no special treatment for emergency generators, however the state will generally use 500 hours to calculate a source's potential to emit. The source must meet the above mentioned opacity and sulfur limits. There is an exemption for peaking units. Peak shaving generators that produce no more than 325,000 kilowatt-hours of electrical energy for any 12-month period and providing records to verify the energy production on a monthly basis and on a 12-month basis are exempted.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Onsite electrical generation and renewable projects smaller than 2 MW are exempt from the requirements of obtaining a certificate of public convenience and necessity from the public utility service. These projects must, however, give notice of proposed construction to the public utility commission. All other facilities must apply for certification.

There are special certifications available for wholesale small generators (defined as renewables projects less than 80MW) and cogenerators. [1]

Read the legislation HERE.

BUILDING, ZONING AND FIRE CODES:

Building Codes: North Carolina enforces the 2006 North Carolina State Building Code. It is based on the 2003 IBC with some exceptions. The code cycle is completed every three years, with the 2009 code expected to become effective on Jan. 1, 2009. The code is a statewide mandatory minimum code.

• Engineering and Codes Division

Energy Codes: North Carolina enforces the 2006 North Carolina State Energy Conservation Code. It is based on the 2003 IECC with some exceptions and inclusion of ASHRAE 90.1-2004. The code cycle is completed every three years, with the 2009 code expected to become effective on Jan. 1, 2009. The code is a statewide mandatory minimum code.

Fire Codes: North Carolina enforces the 2006 North Carolina State Fire Code. It is based on the 2003 IFC with some exceptions. The code cycle is completed every three years, with the 2009 code expected to become effective on Jan. 1, 2009. The code is a statewide mandatory minimum code.

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

In 2008 the North Carolina Utilities Commission (NCUC) adopted comprehensive interconnection standards for DG with Docket No. E-100, Sub 101. These standards, which are similar to the Federal Energy Regulatory Commission’s (FERC) interconnection standards, apply only to the state’s three investor owned utilities and were required by SB 3, enacted August 20, 2007. The model interconnection standards are identical to South Carolina’s. The new standards apply to all state jurisdictional interconnections regardless of the system size, voltage, or whether the owner intends to sell electricity back to the utility.

Like the FERC standards, the NCUC uses a three-level application process. Facilities up to a 10 kW capacity use the 10kW Inverter Process of simplified interconnection; facilities between 10 kW and 2 MW use the fast track process; facilities greater than 2 MW use the study process.

The NCUC fees for interconnection application are as follows: $100 for generators up to 20 kW; $250 for generators between 20 kW and 100 kW; and $500 for generators between100 kW and 2 MW. For generators larger than 2 MW the FERC fee structure applies.

For more detailed information contact the NCUC.

North Carolina Utilities Commission
430 N. Salisbury Street
Raleigh, NC 27611

Kennie Ellis
Phone: (919) 733-2267
Fax: (919) 733-4744
E-Mail:Kennie.Ellis@ncmail.net

Sam Watson
Phone: (919) 715-7057
E-Mail:swatson@ncuc.net

EXIT FEES:

No statewide exit fee policy has been identified. Please contact the North Carolina Utilities Commission to confirm.

UTILITY STANDBY RATES:

North Carolina does not have a statewide policy on standby rates. Relevant provisions for North Carolina utilities are summarized below.

Progress Energy Carolinas Inc - Standby Service Rider SS-29: Standby service is provided to customers that contract for a specified amount of demand capacity with the utility. A demand based reservation charge is assessed each month on the contract demand. Actual usage is billed through energy charges and the higher of the reservation charge or the daily demand charge. The daily demand charge is assessed on the maximum on-peak demand multiplied by the number of days of standby service use in the month. Rate information is available at: http://www.progress-energy.com/aboutenergy/rates/nctariffs.asp

Duke Energy Corporation - Schedule PG: Standby service is provided to customers with parallel generation equipment at a very high demand based rate. A moderate reservation fee based on contract demand must be paid every month with actual usage being charged under the high demand rate for parallel generation. Billing demand is based on the higher of the maximum 15 minute demand of the month or 75% of the contract demand. Rate information is available at: http://www.duke-energy.com/north-carolina-large-business/rates-bills/rate-schedules.asp