subchapter 02q - AIR QUALITY PERMITS PROCEDURES
section .0100 - GENERAL PROVISIONS
15A NCAC 02Q .0101 REQUIRED AIR QUALITY PERMITS
(a) No owner or operator shall do any of the following activities,
unless otherwise exempted, without first applying for and obtaining an air
quality permit:
(1) construct, operate, or modify a source
subject to an applicable standard, requirement, or rule that emits any
regulated pollutant or one or more of the following:
(A) sulfur dioxide;
(B) total suspended particulates;
(C) particulate matter (PM10);
(D) carbon monoxide;
(E) nitrogen oxides;
(F) volatile organic compounds;
(G) lead and lead compounds;
(H) fluorides;
(I) total reduced sulfur;
(J) reduced sulfur compounds;
(K) hydrogen sulfide;
(L) sulfuric acid mist;
(M) asbestos;
(N) arsenic and arsenic compounds;
(O) beryllium and beryllium compounds;
(P) cadmium and cadmium compounds;
(Q) chromium(VI) and chromium(VI) compounds;
(R) mercury and mercury compounds;
(S) hydrogen chloride;
(T) vinyl chloride;
(U) benzene;
(V) ethylene oxide;
(W) dioxins and furans;
(X) ozone; or
(Y) any toxic air pollutant listed in 15A NCAC 02D
.1104; or
(2) construct, operate, or modify a facility
that has the potential to emit at least 10 tons per year of any hazardous air
pollutant or 25 tons per year of all hazardous air pollutants combined, or that
are subject to requirements established under the following sections of the
federal Clean Air Act:
(A) Section 112(d), emissions standards;
(B) Section 112(f), standards to protect public health
and the environment;
(C) Section 112(g), construction and reconstruction;
(D) Section 112(h), work practice standards and other
requirements;
(E) Section 112(i)(5), early reduction;
(F) Section 112(j), federal failure to promulgate
standards;
(G) Section 112(r), accidental releases.
(b) Stationary Source Construction and Operation Permit:
With the exception allowed by G.S. 143-215.108A, the owner or operator of a
new, modified, or existing facility or source shall not begin construction or
operation without first obtaining a construction and operation permit in
accordance with the standard procedures under Section .0300 of this Subchapter.
Title V facilities shall be subject to the Title V procedures under Section
.0500 of this Subchapter including the acid rain procedures under Section .0400
of this Subchapter. A facility may also be subject to the air toxic procedures
under 15A NCAC 02Q .0700.
(c) Fees shall be paid in accordance with the requirements
of Section .0200 of this Subchapter.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
143‑215.109;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2015; December 1, 2005; July 1, 1998.
15A NCAC 02Q .0102 ACTIVITIES
EXEMPTED FROM PERMIT REQUIREMENTS
(a) This Rule does not apply to facilities required to have
a permit under Section .0500 of this Subchapter. This Rule applies only to
permits issued under Section .0300 of this Subchapter.
(b) If a source is subject to any of the following rules,
then the source is not exempted from permit requirements:
(1) new source performance standards under Rule
15A NCAC 02D .0524 or 40 CFR Part 60, except when the following activities are
eligible for exemption under Paragraph (c) of this Rule:
(A) 40 CFR Part 60, Subpart Dc, industrial, commercial,
and institutional steam generating units;
(B) 40 CFR Part 60, Subparts K, Ka, or Kb, volatile
organic liquid storage vessels;
(C) 40 CFR Part 60, Subpart AAA, new residential wood
heaters;
(D) 40 CFR Part 60, Subpart JJJ, petroleum dry cleaners;
(E) 40 CFR Part 60, Subpart WWW, municipal solid waste
landfills;
(F) 40 CFR Part 60, Subpart IIII, stationary
compression ignition internal combustion engines; or
(G) 40 CFR Part 60, Subpart JJJJ, stationary spark
ignition internal combustion engines;
(2) national emission standards for hazardous
air pollutants under Rule 15A NCAC 02D .1110 or 40 CFR Part 61, except asbestos
demolition and renovation activities, which are eligible for exemption under
Paragraph (c) of this Rule;
(3) prevention of significant deterioration
under Rule 15A NCAC 02D .0530;
(4) new source review under Rule 15A NCAC 02D
.0531 or .0532;
(5) sources of volatile organic compounds
subject to the requirements of Section .0900, Volatile Organic Compounds, that
are located in Mecklenburg County according to Rule 15A NCAC 02D .0902(f);
(6) sources required to apply maximum achievable
control technology (MACT) for hazardous air pollutants under Rule 15A NCAC 02D
.1109, .1111, .1112, or 40 CFR Part 63 that are required to have a permit under
Section .0500 of this Subchapter;
(7) sources at facilities subject to Section
.1100 of Subchapter 02D. (If a source qualifies for an exemption in
Subparagraphs (a)(1) through (a)(24) of 15A NCAC 02Q .0702, or does not emit a
toxic air pollutant for which the facility at which it is located has been
modeled, it shall be exempted from needing a permit if it qualifies for one of
the exemptions in Paragraph (c) of this Rule).
(c) The following activities do not require a permit or
permit modification under Section .0300 of this Subchapter. The Director may
require the owner or operator of these activities to register them under 15A
NCAC 02D .0200:
(1) categories of exempted activities:
(A) maintenance, upkeep, and replacement:
(i) maintenance, structural changes, or repairs
which do not change the capacity of such process, fuel-burning, refuse-burning,
or control equipment, and do not involve any change in quality or nature or
increase in quantity of emission of regulated air pollutants;
(ii) housekeeping activities or building maintenance
procedures, including painting buildings, resurfacing floors, roof repair,
washing, portable vacuum cleaners, sweeping, use and associated storage of
janitorial products, or insulation removal;
(iii) use of office supplies, supplies to maintain
copying equipment, or blueprint machines;
(iv) use of fire fighting equipment;
(v) paving parking lots; or
(vi) replacement of existing equipment with equipment
of the same size, type, and function that does not result in an increase to the
actual or potential emission of regulated air pollutants and that does not
affect the compliance status, and with replacement equipment that fits the
description of the existing equipment in the permit, including the application,
such that the replacement equipment can be operated under that permit without
any changes in the permit;
(B) air conditioning or ventilation: comfort air
conditioning or comfort ventilating systems that do not transport, remove, or
exhaust regulated air pollutants to the atmosphere;
(C) laboratory activities:
(i) bench-scale, on-site equipment used exclusively
for chemical or physical analysis for quality control purposes, staff
instruction, water or wastewater analyses, or non-production environmental
compliance assessments;
(ii) bench-scale experimentation, chemical or
physical analyses, training or instruction from not-for-profit, non-production
educational laboratories;
(iii) bench-scale experimentation, chemical or
physical analyses, training or instruction from hospitals or health
laboratories pursuant to the determination or diagnoses of illness; or
(iv) research and development laboratory activities
provided the activity produces no commercial product or feedstock material;
(D) storage tanks:
(i) storage tanks used solely to store fuel oils,
kerosene, diesel, crude oil, used motor oil, lubricants, cooling oils, natural
gas or liquefied petroleum gas;
(ii) storage tanks used to store gasoline or
ethanol-based fuels for which there are no applicable requirements except Stage
I controls under 15A NCAC 02D .0928;
(iii) storage tanks used solely to store inorganic
liquids; or
(iv) storage tanks or vessels used for the temporary
containment of materials resulting from an emergency response to an
unanticipated release of hazardous materials;
(E) combustion and heat transfer equipment:
(i) space heaters burning distillate oil, kerosene,
natural gas, or liquefied petroleum gas operating by direct heat transfer and
used solely for comfort heat;
(ii) residential wood stoves, heaters, or
fireplaces;
(iii) hot water heaters which are used for domestic
purposes only and are not used to heat process water;
(F) wastewater treatment processes: industrial
wastewater treatment processes or municipal wastewater treatment processes for
which there are no applicable requirements;
(G) gasoline distribution: gasoline service stations or
gasoline dispensing facilities;
(H) dispensing equipment: equipment used solely to
dispense diesel fuel, kerosene, lubricants or cooling oils;
(I) solvent recycling: portable solvent distillation
systems used for on-site solvent recycling if:
(i) the portable solvent distillation system is
not:
(I) owned by the facility, and
(II) operated at the facility for more than seven
consecutive days; and
(ii) the material recycled is recycled at the site
of origin;
(J) processes:
(i) electric motor burn-out ovens with secondary
combustion chambers or afterburners;
(ii) electric motor bake-on ovens;
(iii) burn-off ovens for paint-line hangers with
afterburners;
(iv) hosiery knitting machines and associated lint
screens, hosiery dryers and associated lint screens, and hosiery dyeing
processes where bleach or solvent dyes are not used;
(v) blade wood planers planing only green wood;
(K) solid waste landfills: municipal solid waste landfills.
This does not apply to flares and other sources of combustion at solid waste
landfills; these flares and other combustion sources are required to be
permitted under Section .0300 of this Subchapter unless they qualify for
another exemption under this Paragraph;
(L) miscellaneous:
(i) motor vehicles, aircraft, marine vessels,
locomotives, tractors or other self-propelled vehicles with internal combustion
engines;
(ii) non-self-propelled non-road engines, except
generators, regulated by rules adopted under Title II of the Federal Clean Air
Act (Generators are required to be permitted under Section .0300 of this
Subchapter unless they qualify for another exemption under this Paragraph.);
(iii) portable generators regulated by rules adopted
under Title II of the Federal Clean Air Act;
(iv) equipment used for the preparation of food for
direct on-site human consumption;
(v) a source whose emissions are regulated only
under Section 112(r) or Title VI of the Federal Clean Air Act;
(vi) exit gases from in-line process analyzers;
(vii) stacks or vents to prevent escape of sewer gases
from domestic waste through plumbing traps;
(viii) refrigeration equipment that is consistent with
Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of the
Federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by
EPA under Title VI for stratospheric ozone protection, except those units used
as or in conjunction with air pollution control equipment (A unit used as or in
conjunction with air pollution control equipment is required to be permitted
under Section .0300 of this Subchapter unless it qualifies for another
exemption under this Paragraph);
(ix) equipment not vented to the outdoor atmosphere
with the exception of equipment that emits volatile organic compounds
(Equipment that emits volatile organic compounds is required to be permitted
under Section .0300 of this Subchapter unless it qualifies for another
exemption under this Paragraph);
(x) equipment that does not emit any regulated air
pollutants;
(xi) facilities subject only to a requirement under
40 CFR Part 63 (This Subpart does not apply when a control device is used to
meet a MACT or GACT emission standard; a control device used to meet a MACT or
GACT emission standard is required to be permitted under Section .0300 of this
Subchapter unless it qualifies for another exemption under this Paragraph);
(xii) sources for which there are no applicable
requirements;
(xiii) animal operations not required to have control
technology under Section .1800 of the Subchapter 02D (If an animal operation is
required to have control technology, it shall be required to have a permit
under this Subchapter).
(2) categories of exempted size or production
rate:
(A) storage tanks:
(i) above-ground storage tanks with a storage
capacity of no more than 1100 gallons storing organic liquids with a true vapor
pressure of no more than 10.8 pounds per square inch absolute at 70°F; or
(ii) underground storage tanks with a storage
capacity of no more than 2500 gallons storing organic liquids with a true vapor
pressure of no more than 10.8 psi absolute at 70°F;
(B) combustion and heat transfer equipment:
(i) fuel combustion equipment, except for internal
combustion engines, firing exclusively kerosene, No. 1 fuel oil, No. 2 fuel
oil, equivalent unadulterated fuels, or a mixture of these fuels or one or more
of these fuels mixed with natural gas or liquefied petroleum gas with a heat
input of less than:
(I) 10 million Btu per hour for which
construction, modification, or reconstruction commenced after June 9, 1989; or
(II) 30 million Btu per hour for which
construction, modification, or reconstruction commenced before June 10, 1989;
Internal combustion
engines are required to be permitted under Section .0300 of this Subchapter
unless they qualify for another exemption under this Paragraph;
(ii) fuel combustion equipment, except for internal
combustion engines, firing exclusively natural gas or liquefied petroleum gas
or a mixture of these fuels with a heat input rating less than 65 million Btu
per hour (Internal combustion engines are required to be permitted under Section
.0300 of this Subchapter unless they qualify for another exemption under this
Paragraph);
(iii) space heaters burning waste oil if:
(I) the heater burns only oil that the owner or
operator generates or used oil from do-it-yourself oil changers who generate
used oil as household wastes;
(II) the heater is designed to have a maximum
capacity of not more than 500,000 Btu per hour; and
(III) the combustion gases from the heater are
vented to the ambient air;
(iv) fuel combustion equipment with a heat input
rating less than 10 million Btu per hour that is used solely for space heating
except:
(I) space heaters burning waste oil; or
(II) internal combustion engines;
(v) emergency use generators and other internal
combustion engines not regulated by rules adopted under Title II of the Federal
Clean Air Act, except self-propelled vehicles, that have a rated capacity of no
more than:
(I) 680 kilowatts (electric) or 1000 horsepower
for natural gas-fired engines;
(II) 1800 kilowatts (electric) or 2510 horsepower
for liquefied petroleum gas-fired engines;
(III) 590 kilowatts (electric) or 900 horsepower for
diesel-fired or kerosene-fired engines; or
(IV) 21 kilowatts (electric) or 31 horsepower for
gasoline-fired engines;
(Self-propelled
vehicles with internal combustion engines are exempted under Subpart
(1)(c)(L)(i) of this Paragraph.)
(vi) portable generators and other portable equipment
with internal combustion engines not regulated by rules adopted under Title II
of the Federal Clean Air Act, except self-propelled vehicles, that operate at
the facility no more than a combined 350 hours for any 365-day period provided
the generators or engines have a rated capacity of no more than 750 kilowatt
(electric) or 1100 horsepower each and provided records are maintained to
verify the hours of operation. Self-propelled vehicles with internal combustion
engines are exempted under Subpart (1)(c)(L)(i) of this Paragraph;
(vii) peak shaving generators that produce no more
than 325,000 kilowatt-hours of electrical energy for any 12-month period
provided records are maintained to verify the energy production on a monthly
basis and on a 12-month basis;
(C) gasoline distribution: bulk gasoline plants with an
average daily throughput of less than 4000 gallons;
(D) processes:
(i) graphic arts operations, paint spray booths or
other painting or coating operations without air pollution control devices
(water wash and filters that are an integral part of the paint spray booth are
not considered air pollution control devices), and solvent cleaning operations
located at a facility whose facility-wide actual emissions of volatile organic
compounds are less than five tons per year (Graphic arts operations, coating
operations, and solvent cleaning operations are defined in Rule 15A NCAC 02Q
.0803);
(ii) sawmills that saw no more than 2,000,000 board
feet per year, provided only green wood is sawed;
(iii) perchloroethylene dry cleaners that emit less
than 13,000 pounds of perchloroethylene per year;
(iv) electrostatic dry powder coating operations with
filters or powder recovery systems, including electrostatic dry powder coating
operations equipped with curing ovens with a heat input of less than 10,000,000
Btu per hour;
(E) miscellaneous:
(i) any source whose emissions would not violate
any applicable emissions standard and whose potential emissions of particulate,
sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon
monoxide before air pollution control devices, such as potential uncontrolled
emissions, would each be no more than five tons per year and whose potential
emissions of hazardous air pollutants would be below their lesser quantity
cutoff except:
(I) storage tanks;
(II) fuel combustion equipment;
(III) space heaters burning waste oil;
(IV) generators, excluding emergency generators, or
other non-self-propelled internal combustion engines;
(V) bulk gasoline plants;
(VI) printing, paint spray booths, or other
painting or coating operations;
(VII) sawmills;
(VIII) perchloroethylene dry cleaners; or
(IX) electrostatic dry powder coating operations,
provided that the total potential emissions of particulate, sulfur dioxide,
nitrogen oxides, volatile organic compounds, and carbon monoxide from the
facility are each less than 40 tons per year and the total potential emissions
of all hazardous air pollutants are below their lesser quantity cutoff emission
rates or provided that the facility has an air quality permit. A source
identified in Sub-subpart (I) through (IX) of this Part is required to be
permitted under 15A NCAC 02Q .0300 unless it qualifies for another exemption
under this Paragraph;
(ii) any facility whose actual emissions of
particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and
carbon monoxide before air pollution control devices, such as uncontrolled
emissions, would each be less than five tons per year, whose potential
emissions of all hazardous air pollutants would be below their lesser quantity
cutoff emission rate, and none of whose sources would violate an applicable
emissions standard;
(iii) any source that only emits hazardous air
pollutants that are not also a particulate or a volatile organic compound and
whose potential emissions of hazardous air pollutants are below their lesser
quantity cutoff emission rates; or
(iv) any incinerator covered under Subparagraph
(c)(4) of Rule 15A NCAC 02D .1201;
(F) case-by-case exemption: activities that the
applicant demonstrates to the satisfaction of the Director:
(i) to be negligible in their air quality impacts;
(ii) not to have any air pollution control device;
and
(iii) not to violate any applicable emission control
standard when operating at maximum design capacity or maximum operating rate,
whichever is greater.
(d) An activity that is exempt from the permit or permit
modification process is not exempted from other applicable requirements. The
owner or operator of the source is not exempt from demonstrating compliance
with any applicable requirement.
(e) Emissions from stationary source activities identified
in Paragraph (c) of this Rule shall be included in determining compliance with
the toxic air pollutant requirements under 15A NCAC 02D .1100 or 02Q .0700
according to Rule 15A NCAC 02Q .0702 (exemptions from air toxic permitting).
(f) The owner or operator of a facility or source claiming
an exemption under Paragraph (c) of this Rule shall provide the Director
documentation upon request that the facility or source is qualified for that
exemption.
(g) If the Director finds that an activity exempted under
Paragraph (c) of this Rule is in violation of or has violated a rule in 15A
NCAC 02D, he shall revoke the permit exemption for that activity and require
that activity to be permitted under this Subchapter if necessary to obtain or
maintain compliance.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4);
143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 1999; July 1, 1998; July 1, 1997;
November 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. May 1, 2013; January 1, 2009; July 1, 2007;
June 29, 2006; July 18, 2002; July 1, 2000.
15a NCAC 02Q .0103 DEFINITIONS
For the purposes of this Subchapter, the definitions in G.S.
143‑212 and G.S. 143‑213 and the following definitions apply:
(1) "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.
(2) "Air Pollutant" means an air pollution
agent or combination of such agents, including any physical, chemical,
biological, radioactive substance or matter which is emitted into or otherwise
enters the ambient air. Water vapor shall not be considered an air pollutant.
(3) "Allowable emissions" mean the maximum
emissions allowed by the applicable rules contained in 15A NCAC 02D or by
permit conditions if the permit limits emissions to a lesser amount.
(4) "Alter or change" means to make a
modification.
(5) "Applicable requirements" means:
(a) any requirement of Section .0500 of this
Subchapter;
(b) any standard or other requirement provided
for in the implementation plan approved or promulgated by EPA through
rulemaking under Title I of the federal Clean Air Act that implements the
relevant requirements of the federal Clean Air Act including any revisions to
40 CFR Part 52;
(c) any term or condition of a construction
permit for a facility covered under 15A NCAC 2D .0530, .0531, or .0532;
(d) any standard or other requirement under
Section 111 or 112 of the federal Clean Air Act, but not including the contents
of any risk management plan required under Section 112 of the federal Clean Air
Act;
(e) any standard or other requirement under
Title IV of the federal Clean Air Act;
(f) any standard or other requirement governing
solid waste incineration under Section 129 of the federal Clean Air Act;
(g) any standard or other requirement under
Section 183(e), 183(f), or 328 of the federal Clean Air Act;
(h) any standard or requirement under Title VI
of the federal Clean Air Act unless a permit for such requirement is not
required under this Section;
(i) any requirement under Section 504(b) or
114(a)(3) of the federal Clean Air Act; or
(j) any national ambient air quality standard
or increment or visibility requirement under Part C of Title I of the federal
Clean Air Act, but only as it would apply to temporary sources permitted
pursuant to 504(e) of the federal Clean Air Act.
(6) "Applicant" means the person who is
applying for an air quality permit from the Division.
(7) "Application package" means all elements
or documents needed to make an application complete.
(8) "CFR" means the Code of Federal
Regulations.
(9) "Construction" means change in the 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. The
following activities are not construction:
(a) clearing and grading;
(b) building access roads, driveways, and
parking lots;
(c) building and installing underground pipe
work, including water, sewer, electric, and telecommunications utilities; or
(d) building ancillary structures, including
fences and office buildings that are not a necessary component of an air
contaminant source, equipment, or associated air cleaning device for which a
permit is required under G.S. 143-215.108.
(10) "Director" means the Director of the
Division of Air Quality.
(11) "Division" means the Division of Air
Quality.
(12) "EPA" means the United States Environmental
Protection Agency or the Administrator of the Environmental Protection Agency.
(13) "EPA approves" means full approval,
interim approval, or partial approval by EPA.
(14) "Equivalent unadulterated fuels" means
used oils that have been refined such that the content of toxic additives or
contaminants in the oil are no greater than those in unadulterated fossil
fuels.
(15) "Facility" means all of the pollutant
emitting activities, except transportation facilities, that are located on one
or more adjacent properties under common control.
(16) "Federally enforceable" or "federal‑enforceable"
means enforceable by EPA.
(17) "Fuel combustion equipment" means any fuel
burning source covered under 15A NCAC 02D .0503, .0504, .0536, or 40 CFR Part
60 Subpart D, Da, Db, or Dc.
(18) "Green wood" means wood with a moisture
content of 18% or more.
(19) "Hazardous air pollutant" means any
pollutant that has been listed pursuant to Section 112(b) of the federal Clean
Air Act. Pollutants listed only in 15A NCAC 02D .1104 (Toxic Air Pollutant
Guidelines), but not pursuant to Section 112(b), shall not be included in this
definition.
(20) "Insignificant activities" means
activities defined as insignificant activities because of category or as
insignificant activities because of size or production rate under Rule .0503 of
this Subchapter.
(21) "Lesser quantity cutoff" means:
(a) for a source subject to the requirements of
Section 112(d) or (j) of the federal Clean Air Act, the level of emissions of
hazardous air pollutants below which the following are not required:
(i) maximum achievable control technology
(MACT) or generally available control technology (GACT), including work
practice standards, requirement under Section 112(d) of the federal Clean Air
Act;
(ii) a MACT standard established under Section
112(j) of the federal Clean Air Act; or
(iii) substitute MACT or GACT adopted under
Section 112(l) of the federal Clean Air Act.
(b) for modification of a source subject to, or
that may be subject to, the requirements of Section 112(g) of the federal Clean
Air Act, the level of emissions of hazardous air pollutants below which MACT is
not required to be applied under Section 112(g) of the federal Clean Air Act;
or
(c) for all other sources, potential emissions
of each hazardous air pollutant below 10 tons per year and the aggregate
potential emissions of all hazardous air pollutants below 25 tons per year.
(22) "Major facility" means a major source as
defined under 40 CFR 70.2.
(23) "Modification" means any physical change
or change in method of operation that results in a change in emissions or
affects compliance status of the source or facility.
(24) "Owner or operator" means any person who
owns, leases, operates, controls, or supervises a facility, source, or air
pollution control equipment.
(25) "Peak shaving generator" means a generator
that is located at a facility and is used only to serve that facility's on-site
electrical load during peak demand periods for the purpose of reducing the cost
of electricity; it does not generate electricity for resale. A peak shaving
generator may also be used for emergency backup.
(26) "Permit" means the binding written
document, including any revisions thereto, issued pursuant to G.S. 143‑215.108
to the owner or operator of a facility or source that emits one or more air
pollutants and that allows that facility or source to operate in compliance
with G.S. 143‑215.108. This document shall specify the requirements
applicable to the facility or source and to the permittee.
(27) "Permittee" means the person who has
received an air quality permit from the Division.
(28) "Potential emissions" means the rate of
emissions of any air pollutant that would occur at the facility's maximum
capacity to emit any air pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of a facility to emit an
air pollutant shall be treated as a part of its design if the limitation is
federally enforceable. Such physical or operational limitations include air
pollution control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed. Potential emissions
include fugitive emissions as specified in the definition of major source in 40
CFR 70.2. Potential emissions do not include a facility's secondary emissions
such as those from motor vehicles associated with the facility and do not
include emissions from insignificant activities because of category as defined
under Rule .0503 of this Section. If a rule in 40 CFR Part 63 uses a different
methodology to calculate potential emissions, that methodology shall be used
for sources and pollutants covered under that rule.
(29) "Portable generator" means a generator
permanently mounted on a trailer or a frame with wheels.
(30) "Regulated air pollutant" means:
(a) nitrogen oxides or any volatile organic
compound as defined under 40 CFR 51.100;
(b) any pollutant for which there is an ambient
air quality standard under 40 CFR Part 50;
(c) any pollutant regulated under 15A NCAC 02D
.0524, .1110, or .1111; or 40 CFR Part 60, 61, or 63;
(d) any pollutant subject to a standard
promulgated under Section 112 of the federal Clean Air Act or other
requirements established under Section 112 of the federal Clean Air Act,
including Section 112(g) (but only for the facility subject to Section
112(g)(2) of the federal Clean Air Act), (j), or (r) of the federal Clean Air
Act; or
(e) any Class I or II substance listed under
Section 602 of the federal Clean Air Act.
(31) "Sawmill" means a place or operation where
logs are sawed into lumber consisting of one or more of these activities:
debarking, sawing, and sawdust handling. Activities that are not considered
part of a sawmill include chipping, sanding, planning, routing, lathing, and
drilling.
(32) "Source" means any stationary article,
machine, process equipment, or other contrivance, or combination thereof, from
which air pollutants emanate or are emitted, either directly or indirectly.
(33) "Toxic air pollutant" means any of the
carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants
that are listed in 15A NCAC 02D .1104.
(34) "Transportation facility" means a complex
source as defined in G.S. 143‑213(22).
(35) "Unadulterated fossil fuel" means fuel
oils, coal, natural gas, or liquefied petroleum gas to which no toxic additives
have been added that may result in the emissions of a toxic air pollutant
listed under 15A NCAC 02D .1104.
History Note: Authority G.S. 143‑212; 143‑213;
143‑215.3(a)(1);
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 1999; July 1, 1998; July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. January 1, 2015; December 1, 2005; July 1,
2000.
15a ncac 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT
APPLICATIONS
(a) Application forms for a permit or permit modification
may be obtained from and shall be filed with the Director, Division of Air
Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or any of
the regional offices listed under Rule .0105 of this Section.
(b) The number of copies of applications to be filed shall
be specified in Rules .0305 (construction and operation permit procedures) and
.0507 (Title V permit procedures) of this Subchapter.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
143‑215.109;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2015; August 1, 2002; July 1, 1997.
15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS
(a) Copies of applicable Code of Federal Regulations (CFR)
sections referred to in this Subchapter are available for public inspection at
Department of Environment and Natural Resources regional offices. The regional
offices are:
(1) Asheville Regional Office, 2090 Highway 70,
Swannanoa, North Carolina 28778;
(2) Winston‑Salem Regional Office, 585
Waughtown Street, Winston Salem, North Carolina 27107
(3) Mooresville Regional Office, 610
East Center Avenue, Suite 301, Mooresville, North Carolina 28115;
(4) Raleigh Regional Office, 3800
Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 28115;
(5) Fayetteville Regional Office, Systel
Building, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301;
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889;
(7) Wilmington Regional Office, 127
Cardinal Drive Extension, Wilmington, North Carolina 28403.
(b) Permit applications and permits may be reviewed at the
Central Files office in the Parker Lincoln Building, 2758 Capital Boulevard, Raleigh,
North Carolina, excluding information entitled to confidential treatment under
Rule .0107 of this Section.
(c) Copies of CFR, permit applications, and permits can be
made for ten cents ($0.10) per page.
History Note: Authority G.S. 143‑215.3(a)(1);
150B‑19(5);
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent
rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. December 1, 2005.
15A NCAC 02Q .0106 INCORPORATION BY REFERENCE
(a) Referenced CFR contained in this Subchapter are
incorporated by reference.
(b) The CFR incorporated by reference in this Subchapter
shall automatically include any later amendments thereto unless a specific rule
specifies otherwise.
(c) The CFR may be purchased from the Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250. The cost of the 40 CFR Parts
61 to 80 is fourteen dollars ($14.00).
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); 150B‑21.6;
Eff. July 1, 1994.
15A NCAC 02Q .0107 CONFIDENTIAL INFORMATION
(a) All information required to be submitted to the
Commission or the Director under this Subchapter or Subchapter 2D of this Title
shall be disclosed to the public unless the person submitting the information can
demonstrate that the information is entitled to confidential treatment under
G.S. 143-215.3C.
(b) A request that information be treated as confidential
shall be made by the person submitting the information at the time that the
information is submitted. The request shall state in writing reasons why the
information should be held confidential. Any request not meeting these
requirements shall be invalid.
(c) The Director shall decide which information is entitled
to confidential treatment and shall notify the person requesting confidential
treatment of his decision within 180 days of receipt of a request to treat
information as confidential.
(d) Information for which a request has been made under
Paragraph (b) of this Rule to treat as confidential shall be treated as
confidential until the Director decides that it is not confidential.
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); 143-215.3C;
Eff. July 1, 1994;
Amended Eff. April 1, 1999; July 1, 1997.
15A NCAC 02Q .0108 DELEGATION OF AUTHORITY
The Director may delegate the processing of permit
applications and the issuance of permits to the Deputy Director, the regional
office air quality supervisor, or any supervisor in the Permitting Section of
the Division of Air Quality as he considers appropriate. This delegation shall
not include the authority to deny a permit application or to revoke or suspend
a permit.
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),(4);
Eff. July 1, 1994;
Amended Eff. July 1, 1998.
15A NCAC 02q .0109 COMPLIANCE SCHEDULE FOR PREVIOUSLY
EXEMPTED ACTIVITIES
(a) If a source has heretofore been exempted from needing a
permit, but because of change in permit exemptions, it is now required to have
a permit as follows:
(1) If the source is located at a facility that
currently has an air quality permit, the source shall be added to the air
quality permit of the facility the next time that permit is revised or renewed,
whichever occurs first.
(2) If the source is located at a facility that
currently does not have an air quality permit, the owner or operator of that
source shall apply for a permit within six months after the effective date of
the change in the permit exemption.
(b) If a source becomes subject to requirements promulgated
under 40 CFR Part 63, the owner or operator of the source shall apply for a
permit unless exempted by Rule .0102 of this Section at least 270 days before
the final compliance date of the requirement.
History Note: Filed as a Temporary Rule Eff. March 8,
1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1); 143‑215.108;
143‑215.109;
Eff. July 1, 1994;
Amended Eff. April 1, 2001; July 1, 1996.
15A NCAC 02Q .0110 RETENTION OF PERMIT AT PERMITTED
FACILITY
The permittee shall retain a copy of all active permits
issued under this Subchapter at the facility identified in the permit.
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); 143‑215.108;
143‑215.109;
Eff. July 1, 1994.
15A NCAC 02Q .0111 APPLICABILITY DETERMINATIONS
Any person may submit a request in writing to the Director
requesting a determination as to whether a particular source or facility that
the person owns or operates or proposes to own or operate is subject to any of
the permitting requirements under this Subchapter. The request shall contain
such information believed to be sufficient for the Director to make the
requested determination. The Director may request any additional information
that is needed to make the determination.
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); 143‑215.108;
143‑215.109;
Eff. July 1, 1994.
15A NCAC 02Q .0112 APPLICATIONS REQUIRING PROFESSIONAL
ENGINEER SEAL
(a) This Rule shall not apply to permit applications
submitted before December 1, 1994.
(b) A professional engineer registered in North Carolina
shall be required to seal technical portions of air permit applications for new
sources and modifications of existing sources as defined in Rule .0103 of this
Section that involve:
(1) design;
(2) determination of applicability and
appropriateness; or
(3) determination and interpretation of performance;
of air pollution capture and control systems.
(c) The requirements of Paragraph (b) of this Rule do not
apply to the following:
(1) any source with non-optional air pollution
control equipment that constitutes an integral part of the process equipment as
originally designed and manufactured by the equipment supplier;
(2) sources that are permitted under Rule .0310
or .0509 of this Subchapter;
(3) paint spray booths without air pollution
capture and control systems for volatile organic compound emissions;
(4) particulate emission sources with air flow
rates of less than or equal to 10,000 actual cubic feet per minute;
(5) nonmetallic mineral processing plants with
wet suppression control systems for particulate emissions; or
(6) permit renewal if no modifications are
included in the permit renewal application.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
RRC Objection Eff. November 17, 1994 due to lack of
statutory authority;
Eff. February 1, 1995.
15A NCAC 02Q .0113 NOTIFICATION IN AREAS WITHOUT ZONING
(a) State and local governments are exempt from this Rule.
(b) Before a person submits a permit application for a new
or expanded facility in an area without zoning, he shall provide public
notification as setout in this Rule.
(c) A person covered under this Rule shall publish a legal
notice as specified in Paragraph (d) of this Rule and shall post a sign as
specified in Paragraph (f) of this Rule.
(d) A person covered under this Rule shall publish a legal
notice in a newspaper of general circulation in the area where the source is or
will be located at least two weeks before submitting the permit application for
the source. The notice shall identify:
(1) the name of the affected facility;
(2) the name and address of the permit
applicant; and
(3) the activity or activities involved in the
permit action;
(e) The permit applicant shall submit with the permit
application an affidavit and proof of publication that the legal notice
required under Paragraph (d) of this Rule was published.
(f) A person covered under this Rule shall post a sign on
the property where the new or expanded source is or will be located. The sign
shall meet the following specifications:
(1) It shall be at least six square feet in
area;
(2) It shall be set off the road right-of-way,
but no more than 10 feet from the road right-of-way.
(3) The bottom of the sign shall be at least
six feet above the ground;
(4) It shall contain the following information:
(A) the name of the affected facility;
(B) the name and address of the permit applicant; and
(C) the activity or activities involved in the permit
action;
(5) Lettering shall be a size that the sign can
be read by a person with 20/20 vision standing in the center of the road; and
(6) The side with the lettering shall face the
road, and sign shall be parallel to the road.
The sign shall be posted at least 10 days before the permit
application is submitted and shall remain posted for at least 30 days after the
application is submitted.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Eff. April 1, 2004.
SECTION .0200 ‑ PERMIT FEES
15A NCAC 02Q .0201 APPLICABILITY
(a) This Section is applicable:
(1) as of the permit anniversary date on or
after July 1, 1994, to facilities that have or will have actual emissions of:
(A) 100 tons per year or more of particulate, sulfur
dioxide, nitrogen oxides, volatile organic compounds, or carbon monoxide;
(B) 10 tons per year or more of at least one hazardous
air pollutant; or
(C) 25 tons per year or more of all hazardous air
pollutants combined; and
(2) as of the permit anniversary date on or
after October 1, 1994, to all facilities other than the facilities described in
Subparagraph (a)(1) of this Rule.
(b) A general facility obtaining a permit under Rule .0509
of this Subchapter shall comply with provisions of this Section that are
applicable to a Title V facility except that the fees are different as stated.
(c) Rule .0207 of this Section is applicable to all
facilities as of its effective date.
History Note: Filed as a Temporary Adoption Eff. March
8, 1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d); 143‑215.106A;
150B‑21.6;
Eff. July 1, 1994;
Amended Eff. July 1, 1998; July 1, 1996.
15a ncac 02q .0202 DEFINITIONS
For the purposes of this Section, the following definitions
apply:
(1) "Actual emissions" means the actual rate
of emissions in tons per year of any air pollutant emitted from the facility
over the preceding calendar year. Actual emissions shall be calculated using
the sources' actual operating hours, production rates, in-place control
equipment, and types of materials processed, stored, or combusted during the
preceding calendar year. Actual emissions include fugitive emissions as
specified in the definition of major source in 40 CFR 70.2. For fee
applicability and calculation purposes under Rule .0201 or .0203 of this
Section and emissions reporting purposes under Rule .0207 of this Section,
actual emissions do not include emissions beyond the normal emissions during
violations, malfunctions, start-ups, and shut-downs, do not include a
facility's secondary emissions such as those from motor vehicles associated
with the facility, and do not include emissions from insignificant activities
because of category as defined under Rule .0503 of this Subchapter.
(2) "Title V facility" means a facility that that
is required to have a permit under Section .0500 of this Subchapter except
perchloroethylene dry cleaners whose potential emissions are less than:
(a) 10 tons per year of each hazardous air
pollutant,
(b) 25 tons per year of all hazardous air
pollutants combined, and
(c) 100 tons per year of each regulated air
pollutant.
(3) "Minor modification" means a modification
made pursuant to 15A NCAC 02Q .0515, Minor Permit Modifications.
(4) "Synthetic minor facility" means a
facility that would be a Title V facility except that the potential emissions
are reduced below the thresholds in Paragraph (2) of this Rule by one or more
physical or operational limitations on the capacity of the facility to emit an
air pollutant. Such limitations must be enforceable by EPA and may include air
pollution control equipment and restrictions on hours of operation, the type or
amount of material combusted, stored, or processed.
(5) "Significant modification" means a
modification made pursuant to 15A NCAC 02Q .0516, Significant Permit
Modification.
(6) "General facility" means a facility
obtaining a permit under Rule .0310 or .0509 of this Subchapter.
(7) "Small facility" means a facility that is
not a Title V facility, a synthetic minor facility, a general facility, nor
solely a transportation facility.
Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d); 150B‑21.6.
History Note: Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d);
150B‑21.6;
Temporary Rule Eff. March 8, 1994 for a period of 180
days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. April 1, 2004; August 1, 2002; July 1, 2000.
15A NCAC 02Q .0203 PERMIT AND APPLICATION FEES
(a) The owner or operator of any facility holding a permit
shall pay the following permit fees:
ANNUAL PERMIT FEES
(FEES FOR CALENDAR YEAR
2011)
Facility Category
Tonnage Factor
Basic Permit Fee
Nonattainment Area
Added Fee
Title V
$30.00
$6,500
$3,500
Synthetic Minor
$1,500
Small
$250
General
50% of the
otherwise applicable fee
A facility, other than a Title V facility, that has been in
compliance is eligible for a 25 percent discount from the annual permit fees as
described in Paragraph (a) of Rule .0205 of this Section. Annual permit fees
for Title V facilities shall be adjusted for inflation as described in Rule
.0204 of this Section. Annual permit fees for Title V facilities consist of the
sum of the applicable fee elements. The current annual permit fees shall be
found on the Division’s website at
http://www.ncair.org/permits/Fee_Table_and_Guide.pdf.
(b) In addition to the annual permit fee, a permit
applicant shall pay a non‑refundable permit application fee as follows:
PERMIT APPLICATION
FEES
(FEES FOR CALENDAR
YEAR 1994)
Facility Category
New or Modification
New or Significant
Modification
Minor Modification
Ownership Change
Title V
$7,200
$700
$50
Title V (PSD or
NSR/NAA)
$10,900
$50
Title V (PSD and
NSR/NAA)
21,200
$50
Synthetic Minor
$400
$50
Small
$50
$50
General
50% of the
otherwise applicable fee
$25
Permit application fees for Title V facilities shall be
adjusted for inflation as described in Rule .0204 of this Section. The current
permit application fees shall be found on the Division's website at
http://www.ncair.org/permits/Fee_Table_and_Guide.pdf.
(c) If a facility, other than a general facility, belongs
to more than one facility category, the fees shall be those of the applicable
category with the highest fees. If a permit application belongs to more than
one type of application, the fee shall be that of the applicable permit application
type with the highest fee.
(d) The tonnage factor fee shall be applicable only to
Title V facilities. It shall be computed by multiplying the tonnage factor
indicated in the table in Paragraph (a) of this Rule by the facility's combined
total actual emissions of all regulated air pollutants, rounded to the nearest
ton, contained in the latest emissions inventory that has been completed by the
Division. The calculation shall not include:
(1) carbon monoxide;
(2) any pollutant that is regulated solely
because it is a Class I or II substance listed under Section 602 of the federal
Clean Air Act (ozone depletors);
(3) any pollutant that is regulated solely
because it is subject to a regulation or standard under Section 112(r) of the
federal Clean Air Act (accidental releases); and
(4) the amount of actual emissions of each
pollutant that exceeds 4,000 tons per year.
Even though a pollutant may be classified in more than one
pollutant category, the amount of pollutant emitted shall be counted only once
for tonnage factor fee purposes and in a pollutant category chosen by the
permittee. If a facility has more than one permit, the tonnage factor fee for
the facility's combined total actual emissions as described in this Paragraph
shall be paid only on the permit whose anniversary date first occurs on or
after July 1.
(e) The nonattainment area added fee shall be applicable
only to Title V facilities required to comply with 15A NCAC 02D .0531 (Sources
in Nonattainment Areas), 15A NCAC 02D .0900 (Volatile Organic Compounds), or
15A NCAC 02D .1400 (Nitrogen Oxides) and either:
(1) are in a area designated in 40 CFR 81.334
as nonattainment, or
(2) are covered by a nonattainment or
maintenance State Implementation Plan submitted for approval or approved as
part of 40 CFR Part 52, Subpart II.
(f) A Title V (PSD or NSR/NAA) facility is a facility whose
application shall be subject to review under 15A NCAC 02D .0530 (Prevention of
Significant Deterioration) or 15A NCAC 02D .0531 (Sources in Nonattainment
Areas).
(g) A Title V (PSD and NSR/NAA) facility is a facility
whose application shall be subject to review under 15A NCAC 02D .0530
(Prevention of Significant Deterioration) and 15A NCAC 02D .0531 (Sources in
Nonattainment Areas).
(h) Minor modification permit applications that are group
processed require the payment of only one permit application fee per facility
included in the group.
(i) No permit application fee shall be required for renewal
of an existing permit, for changes to an unexpired permit when the only reason
for the changes is initiated by the Director or the Commission, for a name
change with no ownership change, for a change under Rule .0523 (Changes Not
Requiring Permit Revisions) of this Subchapter, or for a construction date
change, a test date change, a reporting procedure change, or a similar change.
(j) The permit application fee paid for modifications under
15A NCAC 02Q .0400, Acid Rain Procedures, shall be the fee for the same
modification if it were under 15A NCAC 02D .0500, Title V Procedures.
(k) An applicant who files permit applications pursuant to
Rule .0504 of this Subchapter shall pay an application fee as would be
determined by the application fee for the permit required under Section .0500
of this Subchapter; this fee shall cover both applications, provided that the
second application covers only what is covered under the first application. If
permit terms or conditions in an existing or future permit issued under Section
.0500 of this Subchapter shall be established or modified by an application for
a modification and if these terms or conditions are enforceable by the Division
only, then the applicant shall pay the fee under the column entitled
"Minor Modification" in the table in Paragraph (b) of this Rule.
History Note: Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d);
Temporary Rule Eff. March 8, 1994 for a period of 180
days or until the permanent rule is effective, whichever is sooner.
Eff. July 1, 1994;
Amended Eff. January 1, 2015; March 1, 2008; April 1,
2004; April 1, 2001; July 1, 1996.
15A NCAC 02Q .0204 INFLATION ADJUSTMENT
Beginning in 2012, the fees of Rule .0203 of this Section
for Title V facilities shall be adjusted as of January 1st of each
year for inflation. The inflation adjustment shall be done by the method
described in 40 CFR 70.9(b)(2)(iv). The tonnage factor shall be rounded to a
whole cent and the other fees shall be rounded to a whole dollar, except that
the ownership change application fee shall be rounded to the nearest ten-dollar
($10.00) increment.
History Note: Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d);
150B‑21.6;
Temporary Rule Eff. March 8, 1994 for a period of 180
days or until the permanent rule is effective , whichever is sooner;
Eff. July 1, 1994;
Amended Eff. March 1, 2008; July 1, 1996.
15A NCAC 02Q .0205 OTHER ADJUSTMENTS
(a) If a facility other than a Title V facility has been in
full compliance with all applicable administrative, regulatory, and self‑monitoring
reporting requirements and permit conditions during the previous calendar year,
the annual permit fee shall be 25% less than that listed in Rule .0203 of this
Section. A facility shall be considered to have been in compliance during the
previous calendar year if it has not been sent any Notices of Non‑compliance
or Notices of Violation during that calendar year.
(b) If a facility changes so that its facility category
changes, the annual fee changes with the next annual fee.
(c) A facility that is moved to a new site may receive
credit toward new permit fees for any unused portion of an annual fee if the
permit for the old site is relinquished.
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),(1a),(1b),(1d); 150B‑21.6;
Eff. July 1, 1994.
15A NCAC 02Q .0206 PAYMENT OF FEES
(a) Payment of fees required under this Section may be by
check or money order made payable to the N.C. Department of Environment and
Natural Resources. Annual permit fee payments shall refer to the permit
number.
(b) If, within 30 days after being billed, the permit
holder fails to pay an annual fee required under this Section, the Director may
initiate action to terminate the permit under Rule .0309 or .0519 of this
Subchapter, as appropriate.
(c) A holder of multiple permits may arrange to consolidate
the payment of annual fees into one annual payment.
(d) The payment of the permit application fee required by
this Section shall accompany the application and is non‑refundable.
(e) The Division shall annually prepare and make publicly
available an accounting showing aggregate fee payments collected under this
Section from facilities which have obtained or will obtain permits under
Section .0500 of this Subchapter except synthetic minor facilities and showing
a summary of reasonable direct and indirect expenditures required to develop
and administer the Title V permit program.
History Note: Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d);
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. September 1, 2015.
15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING
(a) The owner or operator of a Title V facility shall
report by June 30th of each year the actual emissions during the previous
calendar year of:
(1) volatile organic compounds,
(2) nitrogen oxides,
(3) total suspended particulates,
(4) sulfur dioxide,
(5) fluorine,
(6) hydrogen chloride,
(7) hydrogen fluoride,
(8) hydrogen sulfide,
(9) methyl chloroform,
(10) methylene chloride,
(11) ozone,
(12) chlorine,
(13) hydrazine,
(14) phosphine,
(15) particulate matter (PM10),
(16) carbon monoxide,
(17) lead, and
(18) perchloroethylene.
(b) The accuracy of the report required by Paragraph (a) of
this Rule shall be certified by a responsible official of the facility as
defined under 40 CFR 70.2.
(c) The owner or operator of a facility not included in
Paragraph (a) of this Rule, other than a transportation facility, that has
actual emissions of 25 tons per year or more of nitrogen oxides or volatile
organic compounds shall report by June 30th of each year the actual emissions
of nitrogen oxides and volatile organic compounds during the previous calendar year,
if the facility is in:
(1) Cabarrus County,
(2) Davidson County,
(3) Durham County,
(4) Forsyth County,
(5) Gaston County,
(6) Guilford County,
(7) Lincoln County,
(8) Mecklenburg County,
(9) Rowan County,
(10) Union County,
(11) Wake County,
(12) Davidson Township and Coddle Creek
Township in Iredell County,
(13) Dutchville Township in Granville County,
or
(14) that part of Davie County bounded by the Yadkin
River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to
the Yadkin River.
(d) The annual reporting requirement under Paragraph (c) of
this Rule shall begin with calendar year 2007 emissions for facilities in Cabarrus,
Lincoln, Rowan, and Union counties and Davidson Township and Coddle Creek
Township in Iredell County.
(e) The report shall be in or on such form as may be
established by the Director. The Director may require reporting for sources
within a facility, for other facilities, or for other pollutants, parameters,
or information, by permit condition or pursuant to 15A NCAC 02D .0202
(Registration of Air Pollution Sources).
History Note: Filed as a Temporary Adoption Eff. March
8, 1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1),(1a),(1b),(1d); 143‑215.65;
143‑215.107; 143B‑282; 150B‑21.6;
Eff. July 1, 1994;
Amended Eff. July 1, 2007; July 1, 1998; July 1, 1996.
SECTION .0300 ‑ CONSTRUCTION AND OPERATION PERMITS
15A NCAC 02Q .0301 APPLICABILITY
(a) Except for the permit exemptions allowed under Rules
.0102 and .0302 of this Subchapter, or as allowed under G.S. 143-215.108A, the
owner or operator of a new, modified, or existing facility or source shall not
begin construction or operation without first obtaining a construction and
operation permit in accordance with the procedures under Section .0300;
however, Title V facilities are subject to the Title V procedures under Section
.0500 including the acid rain procedures under Section .0400 for Title IV
sources.
(b) The owner or operator of a source required to have a
permit under this Section may also be subject to the air toxic permit
procedures under 15A NCAC 2Q .0700.
(c) The owner or operator of a source required to have a
permit under this Section shall pay permit fees required under Section .0200 of
this Subchapter.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. December 1, 2005; July 1, 1998.
15A NCAC 02Q .0302 FACILITIES NOT LIKELY TO CONTRAVENE
DEMONSTRATION
(a) This Rule applies only to this Section. It does not
apply to Section .0500 (Title V Procedures) of this Subchapter.
(b) If a facility is subject to any of the following rules,
the facility is not exempted from permit requirements, and the exemptions in
Paragraph (c) of this Rule do not apply:
(1) new source performance standards under 15A
NCAC 2D .0524 or 40 CFR Part 60, except new residential wood heaters;
(2) national emission standards for hazardous
air pollutants under 15A NCAC 2D .1110 or 40 CFR Part 61, except asbestos
demolition and renovation activities;
(3) prevention of significant deterioration
under 15A NCAC 2D .0530;
(4) new source review under 15A NCAC 2D .0531
or .0532;
(5) sources of volatile organic compounds
subject to the requirements of 15A NCAC 2D .0900 that are located in
Mecklenburg and Gaston Counties;
(6) sources required to apply maximum
achievable control technology for hazardous air pollutants under 15A NCAC 2D.
1109, .1112 or under 40 CFR Part 63 or to apply generally available control
technology (GACT) or work practice standards under 40 CFR Part 63;
(7) sources at facilities subject to 15A NCAC
2D .1100; or
(8) facilities subject to Title V permitting procedures
under Section .0500 of this Subchapter.
(c) The owner or operator of any facility required to have
a permit under this Section may request the Director to exempt the facility
from the requirement to have a permit. The request shall be in writing. Along
with the request, the owner or operator shall submit supporting documentation
to show that air quality and emission control standards will not be, nor are
likely to be, contravened. This documentation shall include:
(1) documentation that the facility has no air
pollution control devices;
(2) documentation that no source at the
facility will violate any applicable emissions control standard when operating
at maximum design or operating rate, whichever is greater; and
(3) ambient modeling showing that the ambient
impact of emissions from the facility will not exceed the levels in 15A NCAC 2D
.0532(c)(5) when all sources at the facility are operated at maximum design or
operating rate, whichever is greater.
If the documentation shows to the satisfaction of the
Director that air quality and emission control standards will not be, nor are
likely to be, contravened, a permit shall not be required.
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); 143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1998; July 1, 1996.
15A NCAC 02Q .0303 DEFINITIONS
For the purposes of this Section, the following definitions
apply:
(1) "New facility" means a facility that is
receiving a permit from the Division for construction and operation of a source
of an emissions polluting operation that it is not currently permitted.
(2) "Modified facility" means a modification
of an existing facility or source and:
(a) The permitted facility or source is being
modified in such a manner as to require the Division to reissue the permit, or
(b) A new source is being added that requires
the Division to reissue the permit.
A modified facility does not include a facility or source
that requests to change name or ownership, construction or test dates, or
reporting procedures.
(3) "Plans and Specifications" means the
completed application and any other documents required to define the operating
conditions of the air pollution source.
(4) "Title IV source" means a source that is
required to be permitted following the procedures under Section .0400 of this
Subchapter.
(5) "Title V source" means a source that is
required to be permitted following the procedures under Section .0500 of this
Subchapter.
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. 143‑213; 143‑215.3(a)(1);
Eff. July 1, 1994.
15A NCAC 02Q .0304 APPLICATIONS
(a) Obtaining and filing application. Permit, permit
modification, or permit renewal applications may be obtained and shall be filed
in writing according to Rule .0104 of this Subchapter.
(b) Information to accompany application. Along with filing
a complete application form, the applicant shall also file the following:
(1) for a new facility or an expansion of
existing facility, a consistency determination according to G.S. 143-215.108(f)
that:
(A) bears the date of receipt entered by the clerk of
the local government, or
(B) consists of a letter from the local government
indicating that all zoning or subdivision ordinances are met by the facility;
(2) for a new facility or an expansion of
existing facility in an area without zoning, an affidavit and proof of
publication of a legal notice as required under Rule .0113 of this Subchapter;
(3) for permit renewal, an emissions inventory
that contains the information specified under 15A NCAC 02D .0202, Registration
of Air Pollution Sources (the applicant may use emission inventory forms
provided by the Division to satisfy this requirement); and
(4) documentation showing the applicant
complies with Parts (A) or (B) of this Subparagraph if the Director finds this
information necessary to evaluate the source, its air pollution abatement
equipment, or the facility:
(A) The applicant is financially qualified to carry out
the permitted activities, or
(B) The applicant has substantially complied with the
air quality and emissions standards applicable to any activity in which the
applicant has previously been engaged, and has been in substantial compliance
with federal and state environmental laws and rules.
(c) When to file application. For sources subject to the
requirements of 15A NCAC 02D .0530 (prevention of significant deterioration) or
.0531 (new source review for sources in nonattainment areas), applicants shall
file air permit applications at least 180 days before the projected
construction date. For all other sources, applicants shall file air permit
applications at least 90 days before the projected date of construction of a
new source or modification of an existing source.
(d) Permit renewal, name, or ownership changes with no
modifications. If no modification has been made to the originally permitted
source, application for permit change may be made by letter to the Director at
the address specified in Rule .0104 of this Subchapter. The permit renewal,
name, or ownership change letter must state that there have been no changes in
the permitted facility since the permit was last issued. However, the Director
may require the applicant for ownership change to submit additional
information, if the Director finds the following information necessary to
evaluate the applicant for ownership change, showing that:
(1) The applicant is financially qualified to
carry out the permitted activities, or
(2) The applicant has substantially complied
with the air quality and emissions standards applicable to any activity in
which the applicant has previously been engaged, and has been in substantial
compliance with federal and state environmental laws and rules.
To make a name or ownership change, the applicant shall send
the Director the number of copies of letters specified in Rule .0305(a)(3)or
(4) of this Section signed by a person specified in Paragraph (j) of this Rule.
(e) Applications for date and reporting changes.
Application for changes in construction or test dates or reporting procedures
may be made by letter to the Director at the address specified in Rule .0104 of
this Subchapter. To make changes in construction or test dates or reporting
procedures, the applicant shall send the Director the number of copies of
letters specified in Rule .0305(a)(5) of this Section signed by a person
specified in Paragraph (j) of this Rule.
(f) When to file applications for permit renewal.
Applicants shall file applications for renewals such that they are mailed to
the Director at the address specified in Rule .0104 of this Subchapter and
postmarked at least 90 days before expiration of the permit.
(g) Name, or ownership change. The permittee shall file
requests for permit name or ownership changes as soon as the permittee is aware
of the imminent name or ownership change.
(h) Number of copies of additional information. The
applicant shall submit the same number of copies of additional information as
required for the application package.
(i) Requesting additional information. Whenever the
information provided on the permit application forms does not adequately
describe the source and its air cleaning device, the Director may request that
the applicant provide any other information that the Director considers
necessary to evaluate the source and its air cleaning device. Before acting on
any permit application, the Director may request any information from an
applicant and conduct any inquiry or investigation that he considers necessary
to determine compliance with applicable standards.
(j) Signature on application. Permit applications submitted
pursuant to this Rule shall be signed as follows:
(1) for corporations, by a principal executive
officer of at least the level of vice-president, or his duly authorized
representative, if such representative is responsible for the overall operation
of the facility from which the emissions described in the permit application
form originates;
(2) for partnership or limited partnership, by
a general partner;
(3) for a sole proprietorship, by the
proprietor;
(4) for municipal, state, federal, or other
public entity, by a principal executive officer, ranking elected official, or
other duly authorized employee.
(k) Application fee. With the exceptions specified in Rule
.0203(i) of this Subchapter, a non-refundable permit application processing fee
shall accompany each application. The permit application processing fees are
defined in Section .0200 of this Subchapter. A permit application is incomplete
until the permit application processing fee is received.
(l) Correcting submittals of incorrect information. An
applicant has a continuing obligation to submit relevant facts pertaining to
his permit application and to correct incorrect information on his permit
application.
(m) Retaining copy of permit application package. The
applicant shall retain for the duration of the permit term one complete copy of
the application package and any information submitted in support of the
application package.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule is
effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. September 1, 2015; January 1, 2009; December
1, 2005; July 1, 1999.
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT
(a) If an applicant does not submit, at a minimum, the
following information with his application package, the application package
shall be returned:
(1) for new facilities and modified facilities:
(A) an application fee as required under Section .0200
of this Subchapter;
(B) a consistency determination as required under Rule
.0304(b)(1) of this Section;
(C) the documentation required under Rule .0304(b)(2) of
this Section if required;
(D) a financial qualification or substantial compliance
statement if required; and
(E) applications as required under Rule .0304(a) of
this Section and Paragraph (b) of this Rule and signed as required by Rule
.0304(j) of this Section;
(2) for renewals: two copies of applications as
required under Rule .0304(a) and (d) of this Section and signed as required by
Rule .0304(j) of this Section and an emissions inventory that contains the
information specified under 15A NCAC 02D .0202, Registration of Air Pollution
Sources;
(3) for a name change: two copies of a letter
signed by the appropriate individual listed in Rule .0304(j) indicating the
current facility name, the date on which the name change shall occur, and the
new facility name;
(4) for an ownership change: an application fee
as required under Section .0200 of this Subchapter and:
(A) two copies of a letter sent by each, the seller and
the buyer, indicating the change; or
(B) two copies of a letter sent by either bearing the
signature of both the seller and buyer, containing a written agreement with a
specific date for the transfer of permit responsibility, coverage, and
liability between the current and new permittee; and
(5) for corrections of typographical errors;
changes in name, address, or telephone number of any individual identified in
the permit; changes in test dates or construction dates; or similar minor
changes: two copies of a letter signed by the appropriate individual listed in
Rule .0304(j) of this Section describing the proposed change and explaining the
need for the proposed change.
(b) The applicant shall submit copies of the application
package as follows:
(1) six copies for sources subject to the
requirements of 15A NCAC 02D .0530, .0531, or .1200; or
(2) three copies for sources not subject to the
requirements of 15A NCAC 02D .0530, .0531, or .1200.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. December 1, 2005; April 1, 2004.
15A NCAC 02Q .0306 PERMITS REQUIRING PUBLIC PARTICIPATION
(a) The Director shall provide for public notice for
comments with an opportunity for the public to request a public hearing on
draft permits for the following:
(1) any source that may be designated by the
Director based on public interest relevant to air quality;
(2) a source to which 15A NCAC 02D .0530 or
.0531 applies;
(3) a source whose emission limitation is based
on a good engineering practice stack height that exceeds the height defined in
15A NCAC 02D .0533(a)(4)(A), (B), or (C);
(4) a source required to have controls more
stringent than the applicable emission standards in 15A NCAC 02D .0500
according to 15A NCAC 02D .0501 when necessary to comply with an ambient air
quality standard under 15A NCAC 02D .0400;
(5) alternative controls different than the
applicable emission standards in 15A NCAC 02D .0900 according to 15A NCAC 02D
.0952;
(6) a limitation on the quantity of solvent
borne ink that may be used by a printing unit or printing system according to
15A NCAC 02D .0961 and .0965;
(7) an allowance of a particulate emission rate
of 0.08 grains per dry standard cubic foot for an incinerator constructed
before July 1, 1987, in accordance with 15A NCAC 02D .1204(c)(2)(B) and .1208
(b)(2)(B);
(8) an alternative mix of controls under 15A
NCAC 02D .0501(f);
(9) a source that is subject to the
requirements of 15A NCAC 02D .1109 or .1112;
(10) a source seeking exemption from the
20-percent opacity standard in 15A NCAC 02D .0521 under 15A NCAC 2D .0521(f);
(11) a source using an alternative monitoring
procedure or methodology under 15A NCAC 02D .0606(g) or .0608(g); or
(12) when the owner or operator requests that the
draft permit go to public notice with an opportunity to request a public hearing.
(b) On the Division's website, the Director shall post a
copy of the draft permit that changes classification for a facility by placing
a physical or operational limitation in it to avoid the applicability of rules
in 15A NCAC 02Q .0500. Along with the draft permit, the Director shall also
post a public notice for comments with an opportunity to request a public
hearing on that draft permit. The public notice shall contain the information
specified in Paragraph (c) of Rule .0307 of this Section and shall allow at
least 30 days for public comment.
(c) If EPA requires the State to submit a permit as part of
the North Carolina State Implementation Plan for Air Quality (SIP) and if the
Commission approves a permit containing any of the conditions described in
Paragraph (a) of this Rule as a part of the SIP, the Director shall submit the
permit to the EPA on behalf of the Commission for inclusion as part of the
federally approved SIP.
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.108;
143-215.114A; 143-215.114B; 143-215.114C;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. September 1, 2010; January 1, 2007; August
1, 2004; July 1, 2000; July 1, 1999; July 1, 1998.
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES
(a) This Rule does not apply to sources subject to the
requirements of 15A NCAC 2D .0530 or .0531 or Appendix S or 40 CFR Part 51.
For sources subject to the requirements of 15A NCAC 2D .0530 or .0531 or
Appendix S of 40 CFR Part 51, the procedures in 15A NCAC 2D .0530 or .0531 or
Appendix S of 40 CFR Part 51 shall be followed, respectively.
(b) The public notice shall be given by publication in a
newspaper of general circulation in the area where the facility is located and
shall be mailed to persons who are on the Division's mailing list for air
quality permit notices and to EPA.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom
to send comments and requests for public hearing;
(4) the name, address, and telephone number of
Divisional staff a person from whom interested persons may obtain additional
information, including copies of the draft permit, the application, compliance
plan, monitoring and compliance reports, all other relevant supporting
materials, and all other materials available to Division that are relevant to
the permit decision;
(5) the activity or activities involved in the
permit action;
(6) any emissions change involved in any permit
modification;
(7) a brief description of the public comment
procedures;
(8) the procedures to follow to request a
public hearing unless a public hearing has already been scheduled; and
(9) the time and place of any hearing that has
already been scheduled.
(d) The notice shall allow at least 30 days for public and
EPA comments.
(e) If the Director determines that significant public
interest exists or that the public interest will be served, the Director shall
require a public hearing to be held on a draft permit. Notice of a public
hearing shall be given at least 30 days before the public hearing.
(f) The Director shall make available for public inspection
in at least one location in the region affected, the information submitted by
the permit applicant and the Division's analysis of that application.
(g) The Director shall send EPA a copy of each draft permit
subject to public and EPA comment when he sends EPA the notice of request for
public comment for that permit and shall send EPA a copy of each such permit
when it is issued.
(h) Persons who desire to be placed on the Division's
mailing list for air quality permit notices shall send their request to the
Director, Division of Air Quality, P.O. Box 29580, Raleigh, North Carolina
27626-0580 and shall pay an annual fee of thirty dollars ($30.00).
(i) Any persons requesting copies of material identified in
Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) a page for each
page copied. Confidential material shall be handled in accordance with Rule
.0107 of this Subchapter.
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),(3); 143‑215.4(b);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1998.
15A NCAC 02Q .0308 FINAL ACTION ON PERMIT APPLICATIONS
(a) The Director may:
(1) issue a permit, permit modification, or a
renewal containing the conditions necessary to carry out the purposes of G.S.
143, Article 21B;
(2) rescind a permit upon request by the
permittee; or
(3) deny a permit application when necessary to
carry out the purposes of G.S. 143, Article 21B.
(b) Any person whose application for a permit, permit
modification, renewal, letter requesting change in name or ownership,
construction or test date, or reporting procedure, is denied or is granted
subject to conditions that are unacceptable to him shall have the right to
appeal the Director's decision under Article 3 of G.S. 150B. The person shall
have 30 days following receipt of the notice of the Director's decision on the
application or permit in which to appeal the Director's decision. The permit
shall become final if the applicant does not contest the permit within this
30-day period.
(c) The Director shall issue or renew a permit for a term
of eight years.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2015.
15A NCAC 02Q .0309 TERMINATION, MODIFICATION AND REVOCATION
OF PERMITS
(a) The Director may terminate, modify, or revoke and
reissue any permit issued under this Section if:
(1) The information contained in the
application or presented in support thereof is determined to be incorrect;
(2) The conditions under which the permit or
permit renewal was granted have changed;
(3) Violations of conditions contained in the
permit have occurred;
(4) The permit holder fails to pay the fee
required under Section .0200 of this Subchapter within 30 days after being
billed;
(5) The permittee refuses to allow the Director
or his authorized representative upon presentation of credentials:
(A) to enter, at reasonable times and using reasonable
safety practices, the permittee's premises in which a source of emissions is
located or in which any records are required to be kept under terms and
conditions of the permit;
(B) to have access, at reasonable times, to any copy or
records required to be kept under terms and conditions of the permit;
(C) to inspect, at reasonable times and using reasonable
safety practices, any source of emissions, control equipment, and any
monitoring equipment or method required in the permit; or
(D) to sample, at reasonable times and using reasonable safety
practices, any emission source at the facility;
(6) The Director finds that termination,
modification, or revocation and reissuance of a permit is necessary to carry
out the purpose of G.S. 143, Article 21B.
(b) The permittee shall furnish the Division, in a timely
manner, any reasonable information that the Director may request in writing to
determine whether cause exists for terminating, modifying, or revoking and
reissuing the permit or to determine compliance with the permit.
(c) The operation of a facility or source after its permit
has been terminated is a violation of this Section and G.S. 143‑215.108.
(d) The permittee may request modifications to his permit.
(e) The filing of a request by a permittee for a permit
termination, modification, revocation and reissuance, notification of planned
changes, or anticipated noncompliance does not stay any permit term or
condition.
(f) When a permit is modified, the proceedings shall affect
only those parts of the permit that are being modified.
History Note: Filed as a Temporary Rule Eff. March 8,
1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1),(1a),(1b); 143‑215.108;
143‑215.114A; 143‑215.114B; 143‑215.114C;
Eff. July 1, 1994;
Amended Eff. July 1, 1999.
15A NCAC 02Q .0310 PERMITTING OF NUMEROUS SIMILAR
FACILITIES
(a) The Director may issue a permit to cover numerous
similar facilities or sources.
(b) The Director shall not issue a permit under this Rule
unless the following conditions are meet:
(1) There is no unique difference that would
require special permit conditions for any individual facility; and
(2) No unique analysis is required for any
facility covered under the permit.
(c) A permit issued under this Rule shall identify criteria
by which facilities or sources may qualify for the permit. The Director shall
grant the terms and conditions of the permit to facilities or sources that
qualify.
(d) The facility or source shall be subject to enforcement
action for operating without a permit if the facility or source is later
determined not to qualify for the terms and conditions of the permit issued
under this Rule.
(e) The owner or operator of a facility or source that
qualifies for a permit issued under this Rule shall apply for coverage under
the terms of the permit issued under this Rule or shall apply for a standard
permit under this Section.
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); 143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0311 PERMITTING OF FACILITIES AT MULTIPLE
TEMPORARY SITES
(a) The Director may issue a single permit authorizing
emissions from a facility or source at multiple temporary sites.
(b) Permits for facilities at multiple temporary sites
shall include:
(1) the identification of each site;
(2) the conditions that will assure compliance
with all applicable requirements at all approved sites;
(3) a requirement that the permittee notify the
Division at least 10 days in advance of each change of site; and
(4) the conditions that assure compliance with
all other provisions of this Section.
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); 143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1996.
15A NCAC 02Q .0312 APPLICATION PROCESSING SCHEDULE
(a) The Division shall adhere to the following schedule for
processing applications for permits, permit modifications, and permit renewals:
(1) for permit applications, except for
prevention of significant deterioration under 15A NCAC 2D .0530, case-by-case
maximum achievable control technology under 15A NCAC 2D .1109 or .1112, or a
request for synthetic minor facility status before one year after EPA approves
Section .0500 of this Subchapter:
(A) The Division shall send written acknowledgment of
receipt of the permit application to the applicant within 10 days of receipt of
the application.
(B) The Division shall review all permit applications
within 45 days of receipt of the application to determine whether the
application is complete or incomplete for processing purposes. The Division
shall notify the applicant by letter:
(i) stating that the application as submitted is
complete and specifying the completeness date,
(ii) stating that the application is incomplete,
requesting additional information and specifying the deadline date by which the
requested information is to be received by the Division, or
(iii) stating that the application is incomplete and
requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant by letter
dated within 45 days of receipt of the application that the application is
incomplete, the application shall be deemed complete. A completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to
properly evaluate the source, its air pollution abatement equipment, or the
facility. If the applicant has not provided the requested additional
information by the deadline specified in the letter requesting additional
information, the Director may return the application to the applicant as
incomplete. The applicant may request a time extension for submittal of the
requested additional information.
(C) The Division shall determine within 45 days of
receipt of a complete application if any additional information is needed to
conduct the technical review of the application. A technical completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to
properly evaluate the source, its air pollution abatement equipment or the
facility. The Division shall complete the technical review within 90 days of
receipt of a complete application or 10 days after receipt of requested
additional information, whichever is later.
(D) If the draft permit is not required to go to public
notice or to public hearing, the Director shall issue or deny the permit within
90 days of receipt of a complete application or 10 days after receipt of
requested additional information, whichever is later.
(E) If the draft permit is required to go to public
notice with a request for opportunity for public hearing under Rule .0306(a) of
this Section, the Director shall:
(i) send the draft permit to public notice within
90 days after receipt of a complete application; and
(ii) complete the review of the record and take
final action on the permit within 30 days after the close of the public comment
period.
(F) If the draft permit is required to go to public
hearing as a result of a request for public hearing under Rule .0307(e) of this
Section, the Director shall:
(i) send the draft permit to public hearing within
45 days after approving the request for the public hearing; and
(ii) complete the review of the record and take
final action on the permit within 30 days after the close of the public
hearing.
(2) for permit applications for prevention of
significant deterioration under 15A NCAC 2D .0530, the processing schedules
are set out in those Rules.
(3) for case-by-case maximum achievable control
technology under 15A NCAC 2D .1109 or .1112:
(A) The Division shall send written acknowledgment of
receipt of the permit application to the applicant within 10 days of receipt of
the application.
(B) The Division shall review all permit applications
within 45 days of receipt of the application to determine whether the
application is complete or incomplete for processing purposes. The Division
shall notify the applicant by letter:
(i) stating that the application as submitted is
complete and specifying the completeness date,
(ii) stating that the application is incomplete,
requesting additional information and specifying the deadline date by which the
requested information is to be received by the Division, or
(iii) stating that the application is incomplete and
that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant by letter
dated within 45 days of receipt of the application that the application is
incomplete, the application shall be deemed complete. A completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to
properly evaluate the source, its air pollution abatement equipment, or the
facility. If the applicant has not provided the requested additional
information by the deadline specified in the letter requesting additional
information, the Director may return the application to the applicant as
incomplete. The applicant may request a time extension for submittal of the
requested additional information.
(C) The Division shall determine within 60 days of
receipt of a complete application if any additional information is needed to
conduct the technical review of the application. A technical completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to properly
evaluate the source, its air pollution abatement equipment or the facility.
The Division shall complete the technical review within 120 days of receipt of
a complete application or 10 days after receipt of requested additional
information, whichever is later.
(D) The Director shall:
(i) send the draft permit to public notice within
120 days after receipt of a complete application or 10 days after receipt of
requested additional information, whichever is later; and
(ii) complete the review of the record and take
final action on the permit within 30 days after the close of the public comment
period.
(E) If the draft permit is required to go to public
hearing as a result of a request for public hearing under Rule .0307(e) of this
Section, the Director shall:
(i) send the draft permit to public hearing within
45 days after approving the request for the public hearing; and
(ii) complete the review of the record and take
final action on the permit within 30 days after the close of the public
hearing.
(4) requests for synthetic minor facility
status before one year after EPA approves Section .0500 of this Subchapter
shall be acted on within one year after EPA approves Section .0500 of this
Subchapter.
(b) The days that fall between sending out a letter requesting
additional information and receiving that additional information shall not be
counted in the schedules under Paragraph (a) of this Rule.
(c) The Director may return at any time applications
containing insufficient information to complete the review.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Eff. February 1, 1995;
Amended Eff. July 1, 1998.
15A NCAC 02Q .0313 EXPEDITED APPLICATION PROCESSING
SCHEDULE
(a) Using the procedures contained in this Rule may result
in a permit that EPA does not recognize as a valid permit.
(b) An applicant may file an application to follow the
expedited review for application certified by a professional engineer as set
out in G.S. 143-215.108(h) if:
(1) The applicant specifically requests that
the permit application be processed under the procedures in G.S.
143-215.108(h); and
(2) The applicant submits:
(A) applications as required under Rules .0304 and .0305
of this Section;
(B) a completeness checklist showing that the permit
application is complete;
(C) a draft permit;
(D) any required dispersion modeling;
(E) a certification signed by a professional engineer registered
in North Carolina certifying the accuracy and completeness of draft permit and
the application, including emissions estimates, applicable standards and
requirements, and process specifications;
(F) a consistency determination as required under Rule
.0304(b)(1) of this Section;
(G) a written description of current and projected plans
to reduce the emissions of air contaminants as required under Rule .0304(b)(2)
of this Section;
(H) a financial qualification if required;
(I) substantial compliance statement if required; and
(J) the application fee as required under Section
.0200 of this Subchapter.
(c) The applicant shall use the official application forms
provided by the Division or a facsimile thereof.
(d) The Division shall provide the applicant a checklist of
all items of information required to prepare a complete permit application.
This checklist shall be the checklist used by the Division to determine if the
application is complete.
(e) The Division shall provide the applicant a list of permit
conditions and terms to include in the draft permit.
(f) Before filing a permit application that includes
dispersion modeling analysis submitted in support of the application, the
applicant shall submit a modeling protocol and receive approval for the
dispersion modeling protocol.
(g) The Division shall follow the procedures set out in
G.S. 143-215.108(h) when processing applications filed in accordance with this
Rule.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Eff. July 1, 1998.
15A NCAC 02Q .0314 GENERAL PERMIT REQUIREMENTS
(a) All emissions limitations, controls, and other
requirements imposed by a permit issued pursuant to this Section shall be at
least as stringent as any other applicable requirement as defined under Rule .0103
of this Subchapter. The permit shall not waive or make less stringent any
limitation or requirement contained in any applicable requirement.
(b) Emissions limitations, controls and requirements
contained in permits issued pursuant to the Section shall be permanent,
quantifiable, and otherwise enforceable as a practical matter under G.S. 143‑215.114A,
143‑215.114B, and 143‑215.114C.
(c) The owner or operator of a source permitted under this
Section shall comply with the permit. Failure of the owner or operator of a
permitted source to adhere to the terms and conditions of the permit shall be
grounds for:
(1) enforcement action;
(2) permit termination, revocation and
reissuance, or modification; or
(3) denial of permit renewal applications.
(d) A permit does not convey any property rights of any
sort, or any exclusive privileges.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
Eff. July 1, 1999.
15A NCAC 02Q .0315 SYNTHETIC MINOR FACILITIES
(a) A synthetic minor facility is a facility whose permit
contains terms and conditions to avoid the procedures of 15A NCAC 2Q .0500,
Title V Procedures.
(b) The owner or operator of a facility to which 15A NCAC
2Q .0500, Title V Procedures, applies may choose to have terms and conditions
placed in his permit to restrict operation to limit the potential to emit of
the facility in order to remove the applicability of 15A NCAC 2Q .0500 to the
facility. An application for the addition of such terms and conditions shall
be processed under this Section.
(c) A modification to a permit to remove terms and
conditions in the permit that removed the applicability of 15A NCAC 2Q .0500
shall be processed under either this Section or 15A NCAC 2Q .0500. The
applicant shall choose which procedures to follow. However, if the terms and
conditions are removed following the procedures of this Section, the permittee
shall submit a permit application under the procedures of 15A NCAC 2Q .0500
within one year after the limiting terms and conditions are removed.
(d) After a facility is issued a permit that contains terms
and conditions to remove the applicability of 15A NCAC 2Q .0500, the facility
shall comply with the permitting requirements of this Section.
(e) The Director may require monitoring, recordkeeping, and
reporting necessary to assure compliance with the terms and conditions placed
in the permit to remove the applicability of 15A NCAC 2Q .0500.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.65;
143‑215.66; 143‑215.107(a)(10); 143‑215.108;
Eff. July 1, 1999.
15A ncac 02q .0316 ADMINISTRATIVE PERMIT AMENDMENTS
(a) An "administrative permit amendment" means a
permit revision that:
(1) corrects typographical errors;
(2) identifies a change in the name, address or
telephone number of any individual identified in the permit, or provides a
similar minor administrative change at the facility;
(3) requires more frequent monitoring or
reporting by the permittee;
(4) changes test dates or construction dates
provided that no applicable requirements are violated by the change in test
dates or construction dates; or
(5) changes the permit number without changing
any portion of the permit that would not otherwise qualify as an administrative
amendment.
(b) In making administrative permit amendments, the
Director:
(1) shall take final action on a request for an
administrative permit amendment within 60 days after receiving such a request;
and
(2) may make administrative amendments without
providing notice to the public.
(c) The permittee may implement the changes addressed in
the request for an administrative amendment immediately upon submittal of the
request.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.108;
Eff. April 1, 2001.
15a ncac 02q .0317 AVOIDANCE CONDITIONS
(a) The owner or operator of a facility may request that
terms and conditions be placed in that facility's permit to avoid the
applicability of:
(1) 15A NCAC 02D .0530, Prevention of
Significant Deterioration;
(2) 15A NCAC 02D .0531, Sources in
Nonattainment Areas;
(3) 15A NCAC 02D .0900, Volatile Organic
Compounds;
(4) 15A NCAC 02D .1109, 112(j) Case-by-Case
Maximum Achievable Control Technology;
(5) 15A NCAC 02D .1111, Maximum Achievable
Control Technology;
(6) 15A NCAC 02D .1112(g) Case-by-Case Maximum
Achievable Control Technology;
(7) 15A NCAC 02D .1400, Nitrogen Oxides; or
(8) other rules of 15A NCAC 02D, Air Pollution
Control Requirements or Title 40 of the Code of Federal Regulations that
contain applicability thresholds.
(b) The Director may require the monitoring, recordkeeping,
and reporting necessary to assure compliance with the terms and conditions
placed in the permit to remove the applicability of a rule.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.65;
143‑215.66; 143‑215.108;
Eff. April 1, 2001.
15A NCAC 02Q .0401 PURPOSE AND APPLICABILITY
(a) The purpose of this Rule is to implement Phase II of
the federal acid rain program pursuant to the requirements of Title IV of the
Clean Air Act as provided in 40 C.F.R Parts 72 and 76.
(b) This Section applies to the sources described in 40
C.F.R 72.6 with such exceptions as allowed under 40 C.F.R 72.6.
(c) A certifying official of any unit may petition the
Administrator for a determination of applicability under 40 C.F.R 72.6(c). The
Administrator's determination of applicability shall be binding upon the
Division, except as allowed under 40 C.F.R 72.6(c).
History Note: Filed as a Temporary Rule Eff. March 8,
1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(8);
143-215.108;
Eff. July 1, 1994;
Amended Eff. April 1, 2001; April 1, 1999; April 1, 1996.
15A NCAC 02Q .0402 ACID RAIN PERMITTING PROCEDURES
(a) For the purpose of this Rule the definitions contained
in 40 CFR 72.2 and 76.2 and the measurements, abbreviations, and acronyms
contained in 40 CFR 72.3 shall apply.
(b) Affected units as defined in 40 CFR 72.6, 76.1, or
Paragraph (b)(1) of Rule .0401 of this Section shall comply with the permit,
monitoring, sulfur dioxide, nitrogen oxides, excess emissions, recordkeeping
and reporting, liability, and any other provisions as required in 40 CFR Part
72 and 76. The term "permitting authority" shall mean Division of
Environmental Management, and the term "Administrator" shall mean the
Administrator of the United States Environmental Protection Agency.
(c) If the provisions or requirements of 40 CFR Part 72 or
76 conflict with or are not included in Section .0500 of this Subchapter, then
Part 72 or 76 provisions and requirements shall apply and take precedence.
History Note: Filed as a Temporary Rule Eff. March 8,
1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(8);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. April 1, 1999; April 1, 1996.
15A NCAC 02Q .0403 NEW UNITS EXEMPTION
15A NCAC 02Q .0404 RETIRED UNITS EXEMPTION
15A NCAC 02Q .0405 REQUIREMENT TO APPLY
15A NCAC 02Q .0406 REQUIREMENTS FOR PERMIT APPLICATIONS
15A NCAC 02Q .0407 PERMIT APPLICATION SHIELD AND BINDING
EFFECT OF PERMIT APPLICATION
15A NCAC 02Q .0408 COMPLIANCE PLANS
15A NCAC 02Q .0409 PHASE II REPOWERING EXTENSIONS
15A NCAC 02Q .0410 PERMIT CONTENTS
15A NCAC 02Q .0411 STANDARD REQUIREMENTS
15A NCAC 02Q .0412 PERMIT SHIELD
15A NCAC 02Q .0413 PERMIT REVISIONS GENERALLY
15A NCAC 02Q .0414 PERMIT MODIFICATIONS
15A NCAC 02Q .0415 FAST‑TRACK MODIFICATIONS
15A NCAC 02Q .0416 ADMINISTRATIVE PERMIT AMENDMENT
15A NCAC 02Q .0417 AUTOMATIC PERMIT AMENDMENT
15A NCAC 02Q .0418 PERMIT REOPENINGS
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); 143‑215.65;
143‑215.66; 143‑215.107(a)(8); 143‑215.108;
Eff. July 1, 1994;
Repealed Eff. April 1, 1996.
SECTION .0500 - TITLE V PROCEDURES
15A NCAC 02Q .0501 PURPOSE OF SECTION AND REQUIREMENT FOR A
PERMIT
(a) The purpose of this Section is to establish an air
quality permitting program as required under Title V and 40 CFR Part 70.
(b) The procedures and requirements under this Section do
not apply until EPA approves this Section.
(c) With the exception in Paragraph (d) of this Rule, the
owner or operator of an existing facility, new facility, or modification of an
existing facility (except for minor modifications under Rule .0515 of this
Section), including significant modifications that would not contravene or
conflict with a condition in the existing permit, subject to the requirements
of this Section shall not begin construction without first obtaining:
(1) a construction and operation permit
following the procedures under this Section (except for Rule .0504), or
(2) a construction and operation permit
following the procedures under Rule .0504 and filing a complete application
within 12 months after commencing operation to modify the construction and
operation permit to meet the requirements of this Section.
(d) If the permittee proposes to make a significant
modification under Rule .0516 of this Section that would contravene or conflict
with a condition in the existing permit, he shall not begin construction or
make the modification until he has obtained:
(1) a construction and operation permit
following the procedures under this Section (except for Rule .0504 of this
Section); or
(2) a construction and operation permit
following the procedures under Rule .0504 of this Section and, before beginning
operation, files an application and obtains a permit modifying the construction
and operation permit to meet the requirements of this Section (except for Rule
.0504 of this Section).
(e) All facilities subject to this Section must have a
permit to operate that assures compliance with 40 CFR Part 70 and all
applicable requirements.
(f) Except as allowed under Rule .0515 (minor
modifications) of this Section, no facility subject to the requirements of this
Section may operate after the time that it is required to submit a timely and
complete application under this Section except in compliance with a permit
issued under this Section. This Paragraph does not apply to initial submittals
under Rule .0506 of this Section or to permit renewals under Rule .0513 of this
Section.
(g) If the conditions of Rule .0512(b) (application shield)
of this Section are met, the facility's failure to have a permit under this
Section shall not be a violation.
(h) If the owner or operator of a facility subject to the
requirements of this Section submits an application for a revision to his
permit before receiving the initial permit under this Section, the application
for the revision shall be processed under Section .0300 of this Subchapter.
(i) The owner or operator of a facility or source subject
to the requirements of this Section may also be subject to the toxic air
pollutant procedures under 15A NCAC 2Q .0700.
(j) The owner or operator of an affected unit subject to
the acid rain program requirements of Title IV is also subject to the
procedures under Section .0400 of this Subchapter.
(k) The owner or operator of a facility subject to the
requirements of this Section shall pay permit fees in accordance with the
requirements of Section .0200 of this Subchapter.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1998; July 1, 1996.
15A NCAC 02Q .0502 APPLICABILITY
(a) Except as provided in Paragraph (b) or (c) of this
Rule, the following facilities are required to obtain a permit under this
Section:
(1) major facilities;
(2) facilities with a source subject to 15A
NCAC 02D .0524 or 40 CFR Part 60, except new residential wood heaters;
(3) facilities with a source subject to 15A
NCAC 02D .1110 or 40 CFR Part 61, except asbestos demolition and renovation
activities;
(4) facilities with a source subject to 15A
NCAC 02D .1111 or 40 CFR Part 63 or any other standard or other requirement
under Section 112 of the federal Clean Air Act, except that a source is not
required to obtain a permit solely because it is subject to rules or
requirements under Section 112(r) of the federal Clean Air Act;
(5) facilities to which 15A NCAC 02D .0517(2),
.0528, .0529, or .0534 applies;
(6) facilities with a source subject to Title
IV or 40 CFR Part 72; or
(7) facilities in a source category designated
by EPA as subject to the requirements of 40 CFR Part 70.
(b) This Section does not apply to minor facilities with
sources subject to requirements of 15A NCAC 2D .0524, .1110, or .1111 or 40 CFR
Part 60, 61, or 63 until EPA requires these facilities to have a permit under
40 CFR Part 70.
(c) A facility shall not be required to obtain a permit
under this Section on the sole basis of its greenhouse gas emissions.
(d) Once a facility is subject to this Section because of
emissions of one pollutant, the owner or operator of that facility shall submit
an application that includes all sources of all regulated air pollutants
located at the facility except for insignificant activities because of
category.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. July 1, 2000;
Temporary Amendment Eff. December 2, 2014;
Amended Eff. September 1, 2015.
15A NCAC 02Q .0503 DEFINITIONS
For the purposes of this Section, the definitions in G.S.
143‑212 and 143‑213 and the following definitions apply:
(1) "Affected States" means all states or
local air pollution control agencies whose areas of jurisdiction are:
(a) contiguous to North Carolina and located
less than D=Q/12.5 from the facility, where:
(i) Q = emissions of the pollutant emitted at
the highest permitted rate in tons per year, and
(ii) D = distance from the facility to the
contiguous state or local air pollution control agency in miles
unless the
applicant can demonstrate to the satisfaction of the Director that the ambient
impact in the contiguous states or local air pollution control agencies is less
than the incremental ambient levels in 15A NCAC 02D .0532(c)(5); or
(b) within 50 miles of the permitted facility.
(2) "Complete application" means an
application that provides all information described under 40 CFR 70.5(c) and
such other information that is necessary to determine compliance with all
applicable requirements.
(3) "Draft permit" means the version of a
permit that the Division offers public participation under Rule .0521 of this
Section or affected State review under Rule .0522 of this Section.
(4) "Emissions allowable under the permit"
means a federally enforceable permit term or condition determined at issuance
to be an applicable requirement that establishes an emissions limit (including
a work practice standard) or a federally enforceable emissions cap that the
facility has assumed to avoid an applicable requirement to which the facility
would otherwise be subject.
(5) "Final permit" means the version of a
permit that the Director issues that has completed all review procedures
required under this Section if the permittee does not file a petition under
Article 3 of G.S. 150B.
(6) "Fugitive emissions" means those
emissions which could not reasonably pass through a stack, chimney, vent, or
other functionally‑equivalent opening.
(7) "Insignificant activities because of
category" means:
(a) mobile sources;
(b) air-conditioning units used for human
comfort that are not subject to applicable requirements under Title VI of the
federal Clean Air Act and do not exhaust air pollutants into the ambient air
from any manufacturing or other industrial process;
(c) ventilating units used for human comfort
that do not exhaust air pollutants into the ambient air from any manufacturing
or other industrial process;
(d) heating units used for human comfort that
have a heat input of less than 10,000,000 Btu per hour and that do not provide
heat for any manufacturing or other industrial process;
(e) noncommercial food preparation;
(f) consumer use of office equipment and
products;
(g) janitorial services and consumer use of
janitorial products;
(h) internal combustion engines used for
landscaping purposes;
(i) new residential wood heaters subject to 40
CFR Part 60, Subpart AAA; and
(j) demolition and renovation activities
covered solely under 40 CFR Part 61, Subpart M.
(8) "Insignificant activities because of size or
production rate" means any activity whose emissions would not violate any
applicable emissions standard and whose potential emission of particulate,
sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon
monoxide before air pollution control devices, i.e., potential uncontrolled
emissions, are each no more than five tons per year and whose potential
emissions of hazardous air pollutants before air pollution control devices, are
each below 1000 pounds per year.
(9) "Minor facility" means any facility that
is not a major facility.
(10) "Operation" means the utilization of
equipment that emits regulated pollutants.
(11) "Permit renewal" means the process by
which a permit is reissued at the end of its term.
(12) "Permit revision" means any permit
modification under Rule .0515, .0516, or .0517 of this Section or any
administrative permit amendment under Rule .0514 of this Section.
(13) "Proposed permit" means the version of a
permit that the Director proposes to issue and forwards to EPA for review under
Rule .0522 of this Section.
(14) "Relevant source" means only those sources
that are subject to applicable requirements.
(15) "Responsible official" means a responsible
official as defined under 40 CFR 70.2.
(16) "Section 502(b)(10) changes" means changes
that contravene an express permit term or condition. Such changes do not
include changes that would violate applicable requirements or contravene
federally enforceable permit terms and conditions that are monitoring
(including test methods), recordkeeping, reporting, or compliance certification
requirements.
(17) "Synthetic minor facility" means a
facility that would otherwise be required to follow the procedures of this
Section except that the potential to emit is restricted by one or more
federally enforceable physical or operational limitations, including air
pollution control equipment and restrictions on hours or operation, the type or
amount of material combusted, stored, or processed, or similar parameters.
(18) "Timely" means:
(a) for initial permit submittals under Rule
.0506 of this Section, before the end of the time period specified for
submittal of an application for the respective Standard Industrial
Classification;
(b) for a new facility, one year after
commencing operation;
(c) for renewal of a permit previously issued
under this Section, nine months before the expiration of that permit;
(d) for a minor modification under Rule .0515 of
this Section, before commencing the modification;
(e) for a significant modification under Rule
.0516 of this Section where the change would not contravene or conflict with a
condition in the existing permit, 12 months after commencing operation;
(f) for reopening for cause under Rule .0517 of
this Section, as specified by the Director in the request for additional
information by the Director;
(g) for requests for additional information, as
specified by the Director in the request for additional information by the
Director; or
(h) for modifications made under Section 112(j)
of the federal Clean Air Act, 18 months after EPA fails to promulgate a
standard for that category of source under Section 112 of the federal Clean Air
Act by the date established pursuant to Section 112(e)(1) or (3) of the federal
Clean Air Act.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑212;
143‑213;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. January 1, 2007; July 1, 2000.
15A NCAC 02Q .0504 OPTION FOR OBTAINING CONSTRUCTION AND
OPERATION PERMIT
(a) Pursuant to Rule .0501(c) or (d)(2) of this Section,
the owner or operator of a new or modified facility subject to the requirements
of this Section that chooses to obtain a construction and operation permit
before the facility must obtain a permit under this Section may file an
application under Section .0300 of this Subchapter.
(b) The applicant shall state in his permit application
that he wishes to follow the procedures under this Rule.
(c) If the option allowed under Rule .0501(c)(1) of this
Section is used, then the application processing procedures for prevention of
significant deterioration under 15A NCAC 2D .0530 and new source review for
nonattainment areas under 15A NCAC 2D .0531 do not apply. If the option
allowed under Rule .0501(c)(2) of this Section is used, then the application
processing procedures in this Section and:
(1) under 15A NCAC 2D .0530 for prevention of
significant deterioration, or
(2) under 15A NCAC 2D .0531 for new source
review for nonattainment areas,
shall apply.
(d) If the procedures under Section .0300 of this
Subchapter are followed, the permittee shall have one year from the date of
beginning operation of the facility or source to file an amended application
following the procedures of this Section. The Director shall place a condition
in the construction and operation permit stating this requirement.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT
If an applicant does not submit, at a minimum, the following
information with is application package, the application package shall be
returned:
(1) for new facilities and modified facilities:
(a) an application fee as required under Section
.0200 of this Subchapter;
(b) a consistency determination as required
under Rule .0507(d)(1) of this Section;
(c) the documentation required under Rule
.0507(d)(2) of this Section;
(d) a financial qualification or substantial
compliance statement if required; and
(e) applications as required under Rule .0507(a)
and (e) of this Section and signed as required by Rule .0520 of this Section;
(2) for renewals: applications as required under Rule
.0507(a) and (e) of this Section and signed as required by Rule .0520 of this
Section;
(3) for a name change: three copies of a letter signed
by the a responsible official in accordance with Rule .0520 indicating the
current facility name, the date on which the name change shall occur, and the
new facility name;
(4) for an ownership change: an application fee as
required under Section .0200 of this Subchapter, and:
(a) three copies of a letter sent by each the
seller and the buyer indicating the change; or
(b) three copies of a letter sent by either
bearing the signature of both the seller and buyer; and
containing a written agreement
with a specific date for the transfer of permit responsibility, coverage, and
liability between the current and new permittee; and
(5) for corrections of typographical errors; changes
name, address, or telephone number of any individual identified in the permit;
changes in test dates or construction dates; or similar minor changes: three
copies of a letter signed by a responsible official in accordance with Rule
.0520 of this Section describing the proposed change and explaining the need
for the proposed change.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. April 1, 2004.
15A NCAC 02Q .0506 INITIAL PERMIT APPLICATION SUBMITTAL
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent
rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Repealed Eff. July 1, 2007.
15A NCAC 02Q .0507 APPLICATION
(a) Except for:
(1) minor permit modifications covered under
Rule .0515 of this Section,
(2) significant modifications covered under
Rule .0516(c) of this Section, or
(3) permit applications submitted under Rule
.0506 of this Section,
the owner or operator of a source shall have one year from
the date of beginning of operation of the source to file a complete application
for a permit or permit revision. However, the owner or operator of the source
shall not begin construction or operation until he has obtained a construction
and operation permit pursuant to Rule .0501(c) or (d) and Rule .0504 of this
Section.
(b) The application shall include all the information
described in 40 CFR 70.3(d) and 70.5(c), including a list of insignificant
activities because of size or production rate; but not including insignificant
activities because of category. The application form shall be certified by a
responsible official for truth, accuracy, and completeness. In the application
submitted pursuant to this Rule, the applicant may attach copies of
applications submitted pursuant to Section .0400 of this Subchapter or 15A NCAC
02D .0530 or .0531, provided the information in those applications contains
information required in this Section and is current, valid, and complete.
(c) Application for a permit, permit revision, or permit
renewal shall be made in accordance with Rule .0104 of this Subchapter on forms
of the Division and shall include plans and specifications giving all necessary
data and information as required by this Rule. Whenever the information
provided on these forms does not describe the source or its air pollution
abatement equipment to the extent necessary to evaluate the application, the
Director may request that the applicant provide any other information that the
Director considers necessary to evaluate the source and its air pollution
abatement equipment.
(d) Along with filing a complete application form, the
applicant shall also file the following:
(1) for a new facility or an expansion of
existing facility, a consistency determination in accordance with G.S.
143-215.108(f) that:
(A) bears the date of receipt entered by the clerk of
the local government, or
(B) consists of a letter from the local government
indicating that all zoning or subdivision ordinances are met by the facility;
(2) for a new facility or an expansion of an
existing facility in an area without zoning, an affidavit and proof of publication
of a legal notice as required under Rule .0113 of this Subchapter; and
(3) if required by the Director, information
showing that:
(A) the applicant is financially qualified to carry out
the permitted activities, or
(B) the applicant has substantially complied with the
air quality and emissions standards applicable to any activity in which the
applicant has previously been engaged, and has been in substantial compliance
with federal and state environmental laws and rules.
(e) The applicant shall submit copies of the application
package as follows:
(1) for sources subject to the requirements of
15A NCAC 02D .0530, .0531, or .1200, six copies plus one additional copy for
each affected state that the Director has to notify pursuant to Rules .0521 and
.0522 of this Section;
(2) for sources not subject to the requirements
of 15A NCAC 02D .0530, .0531, or .1200, four copies plus one additional copy
for each affected state that the Director has to notify pursuant to Rules .0521
and .0522 of this Section.
The Director may at any time during the application process
request additional copies of the complete application package from the
applicant.
(f) Any applicant who fails to submit any relevant facts or
who has submitted incorrect information in a permit application shall, upon
becoming aware of such failure or incorrect submittal, submit, as soon as
possible, such supplementary facts or corrected information. In addition, an
applicant shall provide additional information as necessary to address any
requirements that become applicable to the source after the date he filed a
complete application but prior to release of a draft permit.
(g) The applicant shall submit the same number of copies of
additional information as required for the application package.
(h) The submittal of a complete permit application shall
not affect the requirement that any facility have a preconstruction permit
under 15A NCAC 02D .0530, .0531, or .0532 or under Section .0400 of this
Subchapter.
(i) The Director shall give priority to permit applications
containing early reduction demonstrations under Section 112(i)(5) of the
federal Clean Air Act. The Director shall take final action on such permit
applications as soon as practicable after receipt of the complete permit
application.
(j) With the exceptions specified in Rule .0203(i) of this
Subchapter, a non-refundable permit application processing fee shall accompany
each application. The permit application processing fees are defined in Section
.0200 of this Subchapter. Each permit or renewal application is incomplete
until the permit application processing fee is received.
(k) The applicant shall retain for the duration of the
permit term one complete copy of the application package and any information
submitted in support of the application package.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1997; July 1, 1996; February 1,
1995;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. September 1, 2015; April 1, 2004; July 1,
2000.
15A NCAC 02Q .0508 PERMIT CONTENT
(a) The permit shall specify and reference the origin and
authority for each term or condition and shall identify any differences in form
as compared to the applicable requirement on which the term or condition is
based.
(b) The permit shall specify emission limitations and
standards, including operational requirements and limitations, that assure
compliance with all applicable requirements at the time of permit issuance.
(c) Where an applicable requirement of the federal Clean
Air Act is more stringent than an applicable requirement of rules promulgated
pursuant to Title IV, both provisions shall be placed in the permit. The permit
shall state that both provisions are enforceable by EPA.
(d) The permit for sources using an alternative emission
limit established under 15A NCAC 02D .0501 (d) or 15A NCAC 02D .0952 shall
contain provisions to ensure that any resulting emissions limit has been
demonstrated to be quantifiable, accountable, enforceable, and based on
replicable procedures.
(e) The expiration date contained in the permit shall be
for a fixed term of five years for sources covered under Title IV and for a
term of no more than five years from the date of issuance for all other sources
including solid waste incineration units combusting municipal waste subject to
standards under Section 129(e) of the federal Clean Air Act.
(f) The permit shall contain monitoring and related
recordkeeping and reporting requirements as specified in 40 CFR 70.6(a)(3) and
70.6(c)(1) including conditions requiring:
(1) the permittee to submit reports of any
required monitoring at least every six months. The permittee shall submit
reports:
(A) on forms obtained from the Division at the address
in Rule .0104 of this Subchapter,
(B) in a manner as specified by a permit condition, or
(C) on other forms that contain the information required
by this Subchapter or as specified by a permit condition; and
(2) the permittee to report:
(A) malfunctions, emergencies, and other upset
conditions as prescribed in 15A NCAC 02D .0524, .0535, .1110, or .1111.
(B) deviations quarterly from permit requirements not
covered under 15A NCAC 02D .0524, .0535, .1110, or .1111. The permittee shall
include the probable cause of such deviation and any corrective actions or
preventive measures taken.
(3) The responsible official to certify all
deviations from permit requirements.
(g) At the request of the permittee, the Director may allow
records to be maintained in computerized form in lieu of maintaining paper
records if computerized records contain the same information as the paper
records would contain.
(h) The permit for facilities covered under 15A NCAC 02D
.2100, Risk Management Program, shall contain:
(1) a statement listing 15A NCAC 02D .2100 as
an applicable requirement;
(2) conditions that require the owner or
operator of the facility to submit:
(A) a compliance schedule for meeting the requirements
of 15A NCAC 02D .2100 by the dates provided in 15A NCAC 02D .2101(a); or
(B) as part of the compliance certification under
Paragraph (t) of this Rule, a certification statement that the source is in
compliance with all requirements of 15A NCAC 02D .2100, including the
registration and submission of the risk management plan.
The content of the risk management plan need not itself be
incorporated as a permit term or condition.
(i) The permit shall:
(1) contain a condition prohibiting emissions
exceeding any allowances that a facility lawfully holds under Title IV; but
shall not limit the number of allowances held by a permittee, but the permittee
may not use allowances as a defense to noncompliance with any other applicable
requirement;
(2) contain a severability clause so that
various permit requirements will continue to be valid in the event of a
challenge to any other portion of the permit;
(3) state that noncompliance with any condition
of the permit is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal
application;
(4) state that the permittee may not use as a
defense in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the
conditions of the permit;
(5) state that the Director may reopen, modify,
revoke and reissue, or terminate the permit for reasons specified in Rule .0517
or .0519 of this Section;
(6) state that the filing of a request by the
permittee for a permit revision, revocation and reissuance, or termination,
notification of planned changes, or anticipated noncompliance does not stay any
permit condition;
(7) specify the conditions under which the
permit shall be reopened before the expiration of the permit;
(8) state that the permit does not convey any
property rights of any sort, or any exclusive privileges;
(9) state that the permittee shall furnish to
the Division, in a timely manner:
(A) any reasonable information that the Director may
request in writing to determine whether cause exists for modifying, revoking
and reissuing, or terminating the permit or to determine compliance with the
permit, and
(B) copies of records required to be kept by the permit
when such copies are requested by the Director.
(For information
claimed to be confidential, the permittee may furnish such records directly to
EPA along with a claim of confidentiality.)
(10) contain a provision to ensure that the
permittee pays fees required under Section .0200 of this Subchapter;
(11) contain a condition that authorizes the
permittee to make Section 502(b)(10) changes, off‑permit changes, or
emission trades in accordance with Rule .0523 of this Section;
(12) include all applicable requirements for all
sources covered under the permit;
(13) include fugitive emissions, if regulated, in
the same manner as stack emissions;
(14) contain a condition requiring annual
reporting of actual emissions as required under Rule .0207 of this Subchapter;
(15) include all sources including insignificant
activities; and
(16) contain other provisions the Director
considers appropriate.
(j) The permit shall state the terms and conditions for
reasonably anticipated operating scenarios identified by the applicant in the
application. These terms and conditions shall:
(1) require the permittee, contemporaneously
with making a change from one operating scenario to another, to record in a log
at the permitted facility a record of the operating scenario under which it is
operating;
(2) extend the permit shield described in Rule
.0512 of this Section to all terms and conditions under each such operating
scenario; and
(3) ensure that each operating scenario meets
all applicable requirements of Subchapter 02D of this Chapter and of this
Section.
(k) The permit shall identify which terms and conditions
are enforceable by:
(1) both EPA and the Division;
(2) the Division only;
(3) EPA only; and
(4) citizens under the federal Clean Air Act.
(l) The permit shall state that the permittee shall allow
personnel of the Division to:
(1) enter the permittee's premises where the
permitted facility is located or emissions‑related activity is conducted,
or where records are kept under the conditions of the permit;
(2) have access to and copy, at reasonable
times, any records that are required to be kept under the conditions of the
permit;
(3) inspect at reasonable times and using
reasonable safety practices any source, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required
under the permit; and
(4) sample or monitor substances or parameters,
using reasonable safety practices, for the purpose of assuring compliance with
the permit or applicable requirements at reasonable times.
(m) When a compliance schedule is required under 40 CFR
70.5(c)(8) or under a rule contained in Subchapter 02D of this Chapter, the
permit shall contain the compliance schedule and shall state that the permittee
shall submit at least semiannually, or more frequently if specified in the
applicable requirement, a progress report. The progress report shall contain:
(1) dates for achieving the activities,
milestones, or compliance required in the compliance schedule, and dates when
such activities, milestones, or compliance were achieved; and
(2) an explanation of why any dates in the
compliance schedule were not or will not be met, and any preventive or
corrective measures adopted.
(n) The permit shall contain requirements for compliance
certification with the terms and conditions in the permit that are enforceable
by EPA under Title V of the federal Clean Air Act , including emissions
limitations, standards, or work practices. The permit shall specify:
(1) the frequency (not less than annually or
more frequently as specified in the applicable requirements) of submissions of
compliance certifications;
(2) a means for monitoring the compliance of
the source with its emissions limitations, standards, and work practices; and
(3) a requirement that the compliance
certification include:
(A) the identification of each term or condition of the
permit that is the basis of the certification;
(B) the status of compliance with the terms and
conditions of the permit for the period covered by the certification, based on
the methods or means designated in 40 CFR 70.6(c)(5)(iii)(B). The certification
shall identify each deviation and take it into account in the compliance
certification. The certification shall also identify as possible exceptions to
compliance any periods during which compliance is required and in which an
excursion or exceedance as defined under 40 CFR 64 occurred;
(C) whether compliance was continuous or intermittent;
(D) the identification of the method(s) or other means
used by the owner and operator for determining the compliance status with each
term and condition during the certification period; these methods shall include
the methods and means required under 40 CFR Part 70.6(a)(3); and
(E) such other facts as the Director may require to
determine the compliance status of the source;
(4) that all compliance certifications be
submitted to EPA as well as to the Division.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.65;
143‑215.66; 143‑215.107(a)(10); 143‑215.108;
Temporary Rule Eff. March 8, 1994 for a period of 180
days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. August 1, 2008; June 1, 2008; January 1,
2007; December 1, 2005; April 1, 2001; July 1, 2000.
15A NCAC 02Q .0509 PERMITTING OF NUMEROUS SIMILAR
FACILITIES
(a) The Director may issue, after notice and opportunity
for public participation provided in Rule .0521 of this Section, a permit to
cover numerous similar facilities or sources.
(b) The Director shall not issue a permit under this Rule
unless the following conditions are met:
(1) There is no unique difference that would
require special permit conditions for any individual facility; and
(2) No unique analysis is required for any
facility covered under the permit.
(c) A permit issued under this Rule shall comply with all
the requirements of this Section.
(d) A permit issued under this Rule shall identify criteria
by which facilities or sources may qualify for the permit. To facilities or sources
that qualify, the Director shall grant the terms and conditions of the permit.
(e) The facility or source shall be subject to enforcement
action for operating without a permit if the facility or source is later
determined not to qualify for the terms and conditions of the permit issued
under this Rule.
(f) Sources subject to Title IV shall not be eligible for a
permit issued under this Rule.
(g) The owner or operator of a facility or source that
qualifies for a permit issued under this Rule shall apply for coverage under
the terms of the permit issued under this Rule or shall apply for a regular
permit under this Section.
(h) The Division need not repeat the public participation
procedures required under Rule .0521 of this Section when it grants a request
by a permit applicant to operate under a permit issued under this Rule.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0510 PERMITTING OF FACILITIES AT MULTIPLE
TEMPORARY SITES
(a) The Director may issue a single permit authorizing
emissions from similar operations by the same facility owner or operator at
multiple temporary sites.
(b) In order for a facility to qualify for a permit for
multiple temporary site under this Rule, the operation must involve at least
one change of site during the term of the permit.
(c) Sources subject to Title IV shall not be eligible for a
permit under this Section.
(d) Permits for facilities at multiple temporary sites
shall include:
(1) identification of each site;
(2) conditions that will assure compliance with
all applicable requirements at all authorized locations;
(3) requirements that the permittee notify the
Division at least 10 days in advance of each change of location; and
(4) conditions that assure compliance with all
other provisions of this Section.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0511 SYNTHETIC MINOR FACILITIES
History Note: Filed as a Temporary Rule Eff. March 8,
1994 for a period of 180 days or until the permanent rule is effective,
whichever is sooner;
Authority G.S. 143‑215.3(a)(1); 143‑215.65;
143‑215.66; 143‑215.107(a)(10); 143‑215.108;
Eff. July 1, 1994;
Repealed Eff. July 1, 1999.
15A NCAC 02Q .0512 PERMIT SHIELD AND APPLICATION SHIELD
(a) Permit Shield:
(1) The Director shall place in a permit issued
under this Section a permit term or condition (a permit shield) stating that
compliance with the conditions of the permit shall be deemed compliance with
applicable requirements specifically identified in the permit in effect as of
the date of permit issuance, provided that:
(A) Such applicable requirements are included and are
specifically identified in the permit; or
(B) The Director, in acting on the permit application or
revision, determines in writing that other requirements specifically identified
are not applicable to the source, and the permit includes the determination or
a concise summary thereof.
(2) A permit that does not expressly state that
a permit shield exists shall be presumed not to provide such a shield.
(3) A permit shield shall not alter or affect:
(A) the power of the Commission, Secretary of the
Department, or Governor under G.S. 143‑215.3(a)(12) or EPA under Section
303 of the federal Clean Air Act;
(B) the liability of an owner or operator of a facility
for any violation of applicable requirements prior to the effective date of the
permit or at the time of permit issuance;
(C) the applicable requirements under Title IV; or
(D) the ability of the Director (or EPA under Section
114 of the federal Clean Air Act) to obtain information to determine compliance
of the facility with its permit, this Section, or Subchapter 2D of this
Chapter.
(4) A permit shield shall not apply to any
change made at a facility that does not require a permit revision.
(5) A permit shield shall not extend to minor
permit modifications made under Rule .0515 of this Section.
(b) Application Shield.
(1) Except as provided in Subparagraph (b)(2)
of this Rule, if the applicant submits a timely and complete application for
permit issuance (including for renewal), the facility's failure to have a
permit under this Section shall not be a violation:
(A) unless the delay in final action is due to the failure
of the applicant's timely submission of information as required or requested by
the Director, or
(B) until the Director takes final action on the permit
application.
(2) Subparagraph (b)(1) of this Rule shall
cease to apply if, subsequent to the completeness determination made under Rule
.0507 of this Section, the applicant fails to submit by the deadline specified
in writing by the Director, any additional information identified as being
needed to process the application.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1997.
15A NCAC 02Q .0513 PERMIT RENEWAL AND EXPIRATION
(a) Permits being renewed are subject to the procedural
requirements of this Section, including those for public participation and
affected State and EPA review.
(b) Permit expiration terminates the facility's right to
operate unless a complete renewal application has been submitted at least nine
months before the date of permit expiration.
(c) If the permittee or applicant has complied with Rule
.0512(b)(1) of this Section, the existing permit shall not expire until the
renewal permit has been issued or denied. All terms and conditions of the
existing permit shall remain in effect until the renewal permit has been issued
or denied.
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 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0514 ADMINISTRATIVE PERMIT AMENDMENTS
(a) An "administrative permit amendment" means a
permit revision that:
(1) corrects typographical errors;
(2) identifies a change in the name, address or
telephone number of any individual identified in the permit, or provides a
similar minor administrative change at the facility;
(3) requires more frequent monitoring or
reporting by the permittee;
(4) changes test dates or construction dates
provided that no applicable requirements are violated by the change in test
dates or construction dates;
(5) moves terms and conditions from the State‑enforceable
only portion of a permit to the State‑and‑federal‑
enforceable portion of the permit provided that terms and conditions being
moved have become federally enforceable through Section 110, 111, or 112 or
other parts of the federal Clean Air Act;
(6) moves terms and conditions from the federal‑enforceable
only portion of a permit to the State‑and‑federal‑enforceable
portion of the permit; or
(7) changes the permit number without changing
any portion of the permit that is federally enforceable that would not
otherwise qualify as an administrative amendment.
(b) In making administrative permit amendments, the
Director:
(1) shall take final action on a request for an
administrative permit amendment within 60 days after receiving such request,
(2) may make administrative amendments without
providing notice to the public or any affected State(s) provided he designates
any such permit revision as having been made pursuant to this Rule, and
(3) shall submit a copy of the revised permit
to EPA.
(c) The permittee may implement the changes addressed in
the request for an administrative amendment immediately upon submittal of the
request.
(d) Upon taking final action granting a request for an
administrative permit amendment, the Director shall allow coverage by the
permit shield under Rule .0512 of this Section for the administrative permit
amendments made.
(e) Administrative amendments for sources covered under
Title IV shall be governed by rules in Section .0400 of this Subchapter.
(f) This Rule shall not be used to make changes to the
state-enforceable only part of a Title V permit. For the state-enforceable only
part of a Title V permit, Rule .0316 of this Subchapter shall be used for
administrative permit amendments.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2007; July 1, 1997.
15A NCAC 02Q .0515 MINOR PERMIT MODIFICATIONS
(a) The procedures set out in this Rule may be used for
permit modifications when the modifications:
(1) do not violate any applicable requirement;
(2) do not involve significant changes to
existing monitoring, reporting, or recordkeeping requirements in the permit;
(3) do not require or change a case‑by‑case
determination of an emission limitation or other standard, or a source‑specific
determination for temporary sources of ambient impacts, or a visibility or
increment analysis;
(4) do not seek to establish or change a permit
term or condition for which there is no corresponding underlying applicable
requirement and that the facility has assumed to avoid an applicable
requirement to which the facility would otherwise be subject. Such terms and
conditions include:
(A) a federally enforceable emissions cap assumed to
avoid an applicable requirement under any provision of Title I of the federal
Clean Air Act; or
(B) an alternative emissions limit approved as part of
an early reduction plan submitted pursuant to Section 112(i)(5) of the federal
Clean Air Act;
(5) are not modifications under any provision
of Title I of the federal Clean Air Act; and
(6) are not required to be processed as a
significant modification under Rule .0516 of this Section.
(b) In addition to the items required under Rule .0505 of
this Section, an application requesting the use of the procedures set out in
this Rule shall include:
(1) an application form including:
(A) a description of the change,
(B) the emissions resulting from the change, and
(C) identification of any new applicable requirements
that will apply if the change occurs;
(2) a list of the facility's other pending
applications awaiting group processing and a determination of whether the
requested modification, aggregated with these other applications, equals or
exceeds the thresholds set out under Subparagraphs (c)(1) through (3) of this
Rule;
(3) the applicant's suggested draft permit;
(4) certification by a responsible official
that the proposed modification meets the criteria for using the procedures set
out in this Rule and a request that these procedures be used; and
(5) complete information for the Director to
use to notify EPA and affected States.
(c) The Director shall use group processing for minor
permit modifications processed under this Rule. The Director shall notify EPA
and affected States of the requested permit revisions under this Rule and shall
provide the information specified in Rule .0522 of this Section on a quarterly
basis. If the aggregated emissions from all pending minor permit modifications
equal or exceed:
(1) 10 percent of the emissions allowed for the
source for which the change is requested,
(2) 20 percent of the applicable definition of
major facility, or
(3) five tons per year,
then the Director shall notify EPA and affected States
within five business days of the requested permit revision under this Rule and
provide the information specified in Rule .0522 of this Section.
(d) Within 90 days after receiving a complete application
that causes the thresholds in Subparagraphs (c)(1), (2), or (3) of this Rule to
be exceeded or 15 days after the end of EPA's 45‑day review period,
whichever is later, the Director shall:
(1) issue the permit modification as proposed;
(2) deny the permit modification application;
(3) determine that the requested modification
does not qualify for the procedures set out in this Rule and should therefore,
be processed under Rule .0516 of this Section;
(4) revise the draft permit modification and
transmit the proposed permit to EPA.
(e) If the thresholds in Subparagraphs (c)(1), (2), and (3)
of this Rule are not exceeded, the Director shall, within 180 days after
receiving a completed application for a permit modification or 15 days after
the end of EPA's 45‑day review period, whichever is later:
(1) issue the permit modification as proposed;
(2) deny the permit modification application;
(3) determine that the requested modification
does not qualify for the procedures set out in this Rule and should therefore,
be processed under Rule .0516 of this Section;
(4) revise the draft permit modification and
transmit the proposed permit to EPA.
(f) The permit applicant may make the change proposed in
his minor permit modification application immediately after filing the
completed application with the Division. After the applicant makes the change,
the facility shall comply with both the applicable requirements governing the
change and the proposed permit terms and conditions until the Director takes
one of the final actions specified in Paragraph (d)(1) through (d)(4) of this
Rule. Between the filing of the permit modification application and the
Director's final action, the facility need not comply with the existing permit terms
and conditions it seeks to modify. However, if the facility fails to comply
with its proposed permit terms and conditions during this time period, the
Director may enforce the terms and conditions of the existing permit that the
applicant seeks to modify.
(g) The permit shield allowed under Rule .0512 of this
Section shall not extend to minor permit modifications.
(h) If the State‑enforceable only portion of the
permit is revised, the procedures in Section .0300 of this Subchapter shall be
followed.
(i) The proceedings shall affect only those parts of the
permit related to the modification.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1997.
15A NCAC 02Q .0516 SIGNIFICANT PERMIT MODIFICATION
(a) The procedures set out in this Rule shall be used for
applications requesting permit modifications under this Rule or permit
modifications that do not qualify for Rule .0514, .0515, .0523, or .0524 of
this Section.
(b) Significant modifications include modifications that:
(1) involve a significant change in existing
monitoring permit terms or conditions or relax any reporting or recordkeeping
permit terms or conditions;
(2) require or change a case‑by‑case
determination of an emissions limitation or other standard, or a source‑specific
determination for temporary sources of ambient impacts, or a visibility or
increment analysis;
(3) seek to establish or change a permit term
or condition for which there is no corresponding underlying applicable
requirement and that the facility has assumed to avoid an applicable
requirement to which the facility would otherwise be subject; or
(4) are modifications under any provision of
15A NCAC 2D or 2Q or Title I of the federal Clean Air Act not processed under
Rule .0514, .0515, .0523, or .0524 of this Section.
(c) An application for a significant permit modification
that would contravene or conflict with the existing permit shall be processed
following the procedure set out in Rule .0501(d) of this Section.
(d) An application for a significant permit modification
that does not contravene or conflict with the existing permit shall be
processed following the procedure set out in Rule .0501(c) of this Section.
(e) This Rule shall not preclude the permittee from making
changes consistent with this Section that would render existing permit
compliance terms and conditions irrelevant.
(f) Except for the State‑enforceable only portion of
the permit, the procedures set out in Rule .0507, .0521, or .0522 of this
Section shall be followed to revise a permit under this Rule. If the State‑enforceable
only portion of the permit is revised, the procedures in Section .0300 of this
Subchapter shall be followed. The proceedings shall affect only those parts of
the permit related to the significant modification.
(h) Significant permit modifications shall be covered under
the permit shield in accordance with Rule .0512 of this Section.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0517 REOPENING FOR CAUSE
(a) A permit shall be reopened and revised under the
following circumstances:
(1) Additional applicable requirements become
applicable to a facility with remaining permit term of three or more years;
(2) Additional requirements (including excess
emissions requirements) become applicable to a source covered by Title IV (Upon
approval by EPA, excess emissions offset plans shall be deemed to be
incorporated into the permit.);
(3) The Director or EPA finds that the permit
contains a material mistake or that inaccurate statements were made in
establishing the emissions standards or other terms or conditions of the
permit; or
(4) The Director or EPA determines that the
permit must be revised or revoked to assure compliance with the applicable
requirements.
(b) Any permit reopening under Subparagraph (a)(1) of this
Rule shall be completed or a revised permit issued within 18 months after the
applicable requirement is promulgated. No reopening is required if the
effective date of the requirement is after the expiration of the permit term
unless the term of the permit was extended pursuant to Rule .0513(c) of this
Section.
(c) Except for the State‑enforceable only portion of
the permit, the procedures set out in Rule .0507, .0521, or .0522 of this
Section shall be followed to reissue a permit that has been reopened under this
Rule. If the State‑enforceable only portion of the permit is reopened,
the procedures in Section .0300 of this Subchapter shall be followed. The
proceedings shall affect only those parts of the permit for which cause to
reopen exists.
(d) The Director shall notify the permittee at least 60
days in advance of the date that the permit is to be reopened, except in cases
of imminent threat to public health or safety the Director may notify the
permittee less than 60 days before reopening the permit. The notice shall
explain why the permit is being reopened.
(e) Within 90 days, or 180 days if EPA extends the response
period, after receiving notification from EPA that it finds that a permit needs
to be terminated, modified, or revoked and reissued, the Director shall send to
EPA a proposed determination of termination, modification, or revocation and
reissuance, as appropriate.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994;
Amended Eff. July 1, 1997.
15A NCAC 02Q .0518 FINAL ACTION
(a) The Director may:
(1) issue a permit, permit revision, or a
renewal containing the conditions necessary to carry out the purposes of G.S.
143, Article 21B and the federal Clean Air Act;
(2) rescind a permit upon request by the
permittee; or
(3) deny a permit application when necessary to
carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act.
(b) The Director may not issue a final permit or permit
revision, except administrative permit amendments covered under Rule .0514 of
this Section, until EPA's 45-day review period has expired or until EPA has
notified the Director that EPA will not object to issuance of the permit or
permit revision, whichever occurs first. The Director shall issue the permit
or permit revision within five days of receipt of notification from EPA that it
will not object to issuance or of the expiration of EPA's 45-day review period,
whichever occurs first.
(c) If EPA objects to a proposed permit, the Director shall
respond to EPA's objection within 90 days after receipt of EPA's objection.
The Director shall not issue a permit under this Section over EPA's objection.
(d) If EPA does not object in writing to the issuance of a
permit, any person may petition EPA to make such objections by following the
procedures and meeting the requirements under 40 CFR 70.8(d).
(e) No permit shall be issued, revised, or renewed under
this Section unless all the procedures set out in this Section have been
followed and all the requirements of this Section have been met. Default
issuance of a permit, permit revision, or permit renewal by the Director is
prohibited.
(f) Thirty days after issuing a permit, including a permit
issued pursuant to Rule .0509 of this Section, that is not challenged by the
applicant, the Director shall notice the issuance of the final permit. The
notice shall be issued on the North Carolina Division of Air Quality web site
at http://www.ncair.org/permits/. The notice shall include the name and
address of the facility and permit number.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10);
143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2010; February 1, 1995.
15A NCAC 02Q .0519 TERMINATION, MODIFICATION, REVOCATION OF
PERMITS
(a) The Director may terminate, modify, or revoke and
reissue a permit issued under this Section if:
(1) The information contained in the
application or presented in support thereof is determined to be incorrect;
(2) The conditions under which the permit or
permit renewal was granted have changed;
(3) Violations of conditions contained in the
permit have occurred;
(4) The permit holder fails to pay fees
required under Section .0200 of this Subchapter within 30 days after being
billed;
(5) The permittee refuses to allow the Director
or his authorized representative upon presentation of credentials:
(A) to enter, at reasonable times and using reasonable
safety practices, the permittee's premises in which a source of emissions is
located or in which any records are required to be kept under terms and
conditions of the permit;
(B) to have access, at reasonable times, to any copy or
records required to be kept under terms and conditions of the permit;
(C) to inspect, at reasonable times and using reasonable
safety practices, any source of emissions, control equipment, and any
monitoring equipment or method required in the permit; or
(D) to sample, at reasonable times and using reasonable
safety practices, any emission source at the facility;
(6) EPA requests that the permit be revoked
under 40 CFR 70.7(g) or 70.8(d); or
(7) The Director finds that termination,
modification or revocation and reissuance of a permit is necessary to carry out
the purpose of G.S. 143, Article 21B.
(b) To operate a facility or source after its permit has
been revoked is a violation of this Section and G.S. 143‑215.108.
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),(1a),(1b); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0520 CERTIFICATION BY RESPONSIBLE OFFICIAL
(a) A responsible official shall certify the truth,
accuracy, and completeness of any application form, report, or compliance
certification required under this Section or by a term or condition in a permit
issued under this Section.
(b) This certification shall state that, based on
information and belief formed after reasonable inquiry, the statement and
information in the document are true, accurate, and complete.
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),(2); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0521 PUBLIC PARTICIPATION
(a) The Director shall give public notice with an
opportunity for comments and a hearing on all draft permits and permit
revisions except permit revisions issued under Rules .0514, .0515, .0524 of
this Section. The Director shall give public notice with an opportunity for
comments and a hearing on draft permit revisions issued under Rule .0514,
.0515, .0524 of this Section if the Director finds it is in the best interest
of the public.
(b) The notice of any draft permit for an existing facility
for which a public hearing is scheduled, or new facility, shall be given by
publication in a newspaper of general circulation in the area where the
facility is located, posted on the North Carolina Division of Air Quality web
site at http://www.ncair.org/permits/,and emailed to persons who are on the
Division's emailing list for air quality permits.
(c) The notice for existing facilities for which a public
hearing is not scheduled shall be given by posting the draft permit on the
North Carolina Division of Air Quality web site, and shall be emailed to
persons who are on the Division's emailing list for air quality permit
notices.
(d) The notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom
to send comments and requests for public hearing;
(4) the name, address, and telephone number of
Divisional staff from whom interested persons may obtain additional
information, including copies of the permit draft, the application, compliance
plan, monitoring and compliance reports, all other relevant supporting
materials, and all other materials available to Division that are relevant to
the permit decision;
(5) the activity or activities involved in the
permit action;
(6) any emissions change involved in any permit
modification;
(7) a brief description of the comment
procedures;
(8) the procedures to follow to request a
hearing unless a hearing has already been scheduled; and
(9) the time and place of any hearing that has
already been scheduled.
(e) The Director shall send a copy of the notice to
affected States and EPA.
(f) The notice shall allow 30 days for public comments.
(g) If the Director finds that a public hearing is in the
best interest of the public, the Director shall require a public hearing to be
held on a draft permit. Notice of a public hearing shall be given at least 30
days before the hearing.
(h) If EPA requests a record of the comments and of the
issues raised during the public participation process, the Director shall
provide EPA this record.
(i) Persons who desire to be placed on the Division's email
notification list for air quality permit notices shall subscribe to the permits
email list serve at http://www.ncair.org/permits/.
History Note: Authority G.S. 143‑215.3(a)(1),(3);
143‑215.107(a)(10); 143‑215.108; 143‑215.111(4);
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2010; July 1, 1998.
15A NCAC 02Q .0522 REVIEW BY EPA AND AFFECTED STATES
(a) The Director shall provide EPA a copy of each permit
application, including any application for permit revision, each proposed
permit, and each final permit issued under this Section. If EPA has informed
the Director that a permit application summary and relevant portion of the
permit application and compliance plan are all it needs, the Director may
provide this abridgement in place of the complete application.
(b) The Division shall retain for five years a copy of all
permit applications, permits, and other related material submitted to or issued
by the Division under this Section.
(c) The Director shall provide notice to each affected
State of each draft permit at or before the time notice is provided to the
public under Rule .0521 of this Section.
(d) The Director, in writing, shall notify EPA and any
affected State of any refusal by the Division to accept all recommendations for
the proposed permit that the affected State submitted during the public or
affected State review period and shall state the reasons for not accepting any
such recommendations.
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); 143‑215.107(a)(10);
143‑215.108; 143‑215.111(5);
Eff. July 1, 1994.
15A NCAC 02Q .0523 CHANGES NOT REQUIRING PERMIT REVISIONS
(a) Section 502(b)(10) changes:
(1) The permittee may make Section 502(b)(10)
changes without having his permit revised if:
(A) The changes are not a modification under 15A NCAC
02D or Title I of the federal Clean Air Act;
(B) The changes do not cause the emissions allowed under
the permit to be exceeded;
(C) The permittee notifies the Director and EPA with
written notification at least seven days before the change is made; and
(D) The permittee attaches the notice to the relevant
permit.
(2) The written notification required under
Part (a)(1)(C) of this Rule shall include:
(A) a description of the change,
(B) the date on which the change will occur,
(C) any change in emissions, and
(D) any permit term or conditions that is no longer
applicable as a result of the change.
(3) Section 502(b)(10) changes shall be made in
the permit the next time that the permit is revised or renewed, whichever comes
first.
(b) Off-permit changes. A permittee may make changes in
his operation or emissions without revising his permit if:
(1) The change affects only insignificant
activities and the activities remain insignificant after the change, or
(2) The change is not covered under any
applicable requirement.
(c) Emissions trading.
(1) To the extent that emissions trading is
allowed under 15A NCAC 02D, including subsequently adopted maximum achievable
control technology standards, emissions trading is allowed without permit
revisions provided that:
(A) All applicable requirements are met;
(B) The permittee complies with all terms and conditions
of the permit in making the emissions trade; and
(C) The permittee notifies the Director and EPA with
written notification at least seven days before the trade is made; this notification
requirement does not apply to trades made under 15A NCAC 02D .1419, Nitrogen
Oxide Budget Trading Program, 15A NCAC .02D .2408, Trading Program and Banking
(CAIR), or 15A NCAC 02D .2510, Trading and Banking (CAMR).
(2) If an emissions cap has been established by
a permit condition for the purposes of limiting emissions below that allowed by
an otherwise applicable requirement, emissions trading is allowed to the extent
allowed by the permit if:
(A) An emissions cap is established in the permit to
limit emissions;
(B) The permit specifies the emissions limits with which
each source shall comply under any applicable requirement;
(C) The permittee complies with all permit terms that
ensure the emissions trades are enforceable, accountable, and quantifiable;
(D) The permittee complies with all applicable
requirements;
(E) The permittee complies with the emissions trading
procedures in the permit; and
(F) The permittee notifies the Director and EPA with
written notification at least seven days before the trade is made.
(3) The written notification required under
Subparagraph (1) of this Paragraph shall include:
(A) a description of the change,
(B) the date on when the change will occur,
(C) any change in emissions,
(D) the permit requirement with which the facility or
source will comply using the emissions trading provision of the applicable
provision of 15A NCAC 02D, and
(E) the pollutants emitted subject to the emissions
trade.
This Subparagraph does
not apply to trades made under 15A NCAC 02D .1419, Nitrogen Oxide Budget
Trading Program, 15A NCAC .02D .2408 Trading Program and Banking, or 15A NCAC
02D .2510, Trading and Banking.
(4) The written notification required under
Subparagraph (2) of this Paragraph shall include:
(A) a description of the change,
(B) the date on when the change will occur,
(C) changes in emissions that will result and how the
increases and decrease in emissions will comply with the terms and conditions
of the permit.
(d) The permit shield allowed under Rule .0512 of this
Section does not apply to changes made under Paragraphs (a), (b), or (c) of
this Rule.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143‑215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. June 1, 2008; December 1, 2005.
15A NCAC 02Q .0524 OWNERSHIP CHANGE
(a) Applications for ownership changes shall:
(1) contain the information required under Rule
.0505(4) of this Subchapter, and
(2) follow the procedures under Section .0300
of this Subchapter.
(b) When the Director permits an ownership change, he shall
submit a copy of the permit to EPA as an administrative amendment.
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); 143‑215.107(a)(10);
143‑215.108;
Eff. July 1, 1994.
15A NCAC 02Q .0525 APPLICATION PROCESSING SCHEDULE
(a) Except for permit applications submitted under Rule
.0506 of this Subchapter, the Division shall adhere to the following schedule
in processing applications for permits, significant permit modifications, and
permit renewal:
(1) The Division shall send written
acknowledgment of receipt of the application to the applicant within 10 days of
receipt of the application.
(2) The Division shall review all permit
applications within 60 days of receipt of the application to determine whether
the application is complete or incomplete. The Division shall notify the
applicant by letter:
(A) stating that the application as submitted is
complete and specifying the completeness date,
(B) stating that the application is incomplete,
requesting additional information and specifying the deadline date by which the
requested information is to be received by the Division, or
(C) stating that the application is incomplete and
requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant by letter
dated within 60 days of receipt of the application that the application is
incomplete, the application shall be deemed complete. A completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to
properly evaluate the source, its air pollution abatement equipment, or the
facility. If the applicant has not provided the requested additional
information by the deadline specified in the letter requesting additional
information, the Director may return the application to the applicant as
incomplete. The applicant may request a time extension for submittal of the
requested additional information. A completeness determination shall not be
necessary for minor modifications under Rule .0514 of this Section.
(3) The Division shall determine within 60 days
of receipt of a complete application if any additional information is needed to
conduct the technical review of the application. A technical completeness
determination shall not prevent the Director from requesting additional
information at a later date when such information is considered necessary to
properly evaluate the source, its air pollution abatement equipment or the
facility. The Division shall complete the technical review within 270 days of
receipt of a complete application or 10 days after receipt of requested
additional information, whichever is later.
(4) The Director shall send the public notice
for public comment on the draft permit to affected states, to EPA, and to
persons on the mailing list within 270 days after receipt of a complete
application or 10 days after receipt of requested additional information,
whichever is later.
(5) If a public hearing is requested and
approved by the Director for a draft permit, it shall be held within 45 days of
the Director's decision to hold a public hearing.
(6) The Director shall complete the review of
the record and send the proposed permit to EPA:
(A) within 30 days after the close of the public comment
period if there is no public hearing on the draft permit; or
(B) within 45 days after the close of the public hearing
if there is a public hearing on the draft permit.
(7) If EPA does not object to the proposed
permit, the Director shall issue the permit within five days after:
(A) expiration of EPA 45-day review period; or
(B) receipt of notice from EPA that it will not object
to issuance, whichever comes first.
(8) If EPA objects to the proposed permit, the
Director shall respond to EPA's objection within 90 days after receipt of EPA's
objections.
(b) The Director may return at any time applications
containing insufficient information to complete the review.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107(a)(10); 143-215.108;
Eff. February 1, 1995;
Amended Eff. July 1, 1998.
15A NCAC 02Q .0526 112(j) CASE-BY-CASE MACT PROCEDURES
(a) The owner or operator of a source required to apply
maximum achievable control technology (MACT) under 15A NCAC 02D .1109 shall
follow the permit procedures set out in this Rule.
(b) For the purposes of this Rule, the definitions in 15A
NCAC 02D.1109, 40 CFR 63.51, 40 CFR 63.2, and the following definitions apply:
(1) "Equivalent emission limitation"
means an emission limitation, established under Section 112(j) of the federal
Clean Air Act, that is equivalent to the MACT standard that EPA would have
promulgated under Section 112(d) or (h) of the federal Clean Air Act.
(2) "Source category schedule for
standards" means the schedule for promulgating MACT standards issued
pursuant to Section 112(e) of the federal Clean Air Act.
(3) "Title V permit" means a permit
issued under this Section.
(c) Except as provided for in Paragraph (d) or (e) of this
Rule, the owner or operator of a source required to apply MACT under 15A NCAC
2D .1109 shall submit an application for a permit or for a significant permit
revision under this Section, whichever is applicable.
(d) Approval process for new and existing affected sources.
(1) Sources subject to Section 112(j) as of the
Section 112(j) deadline. The requirements of Subparagraphs (d)(1)(A) and (B) of
this Paragraph shall apply to major sources that include, as of the Section
112(j) deadline, one or more sources in a category or subcategory for which the
EPA has failed to promulgate an emission standard under 40 CFR Part 63 on or
before an applicable Section 112(j) deadline. Existing source MACT requirements
(including relevant compliance deadlines), as specified in a Title V permit
issued to the facility pursuant to the requirements of 40 CFR Part 63, Subpart
B, shall apply to such sources.
(A) The owner or operator shall submit an application
for a permit or for a revision to an existing Title V permit issued or a
pending Title V permit meeting the requirements of Subparagraph (m)(1) of this
Rule by the Section 112(j) deadline if the owner or operator can reasonably
determine that one or more sources at the facility belong in a category or
subcategory subject to Section 112(j) of the federal Clean Air Act.
(B) The owner or operator of a source that does not submit
an application under Subparagraph (d)(1)(A) of this Rule and that is notified
in writing by the Division that one or more sources at the facility belong to a
category or subcategory subject to Section 112(j) of the federal Clean Air Act
shall submit an application for a Title V permit or for a revision to an
existing Title V permit meeting the requirements of Paragraph (m)(1) of this
Rule within 30 days after being notified in writing by the Division. The
Division is not required to make such notification.
(C) The requirements in Parts (i) and (ii) of this
Subparagraph shall apply when the owner or operator has obtained a Title V
permit that incorporates a Section 112(g) case-by-case MACT determination by
the Division under 15A NCAC 02D .1112, but has not submitted an application for
a Title V permit revision that addresses the emission limitation requirements
of Section 112(j) of the federal Clean Air Act.
(i) When the owner or operator has a Title V permit
that incorporates a Section 112(g) case-by-case MACT determination under 15A
NCAC 02D .1112 , the owner or operator shall submit an application meeting the
requirements of Paragraph (m)(1) of this Rule for a Title V permit revision
within 30 days of the Section 112(j) deadline or within 30 days of being
notified that in writing by the Division that one or more sources at the major
facility belong in such category or subcategory. The Division shall use the
procedures in 40 CFR 63.52(e) to determine whether the emission limitations
adopted pursuant to the prior 112(g) case-by-case MACT determination are
substantially as effective as the emission limitations that Division would
otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the
source in question. If the Division determines the previously adopted 112(g)
emission limitations are substantially as effective, then the Division shall
retain the existing limitations in the permit to effectuate Section 112(j) of
the federal Clean Air Act. If the Division does not retain the previously
adopted 112(g) emission limitations, the MACT requirements of this Rule are
satisfied upon issuance of a revised Title V permit incorporating any
additional Section 112(j) requirements.
(ii) When the owner or operator that has submitted a
Title V permit application that incorporates a Section 112(g) case-by-case MACT
determination by the Division under 15A NCAC 02D .1112, but has not received
the permit incorporating the Section 112(g) requirements, the owner or operator
shall continue to pursue a Title V permit that addresses the requirements of
Section 112(g) of the federal Clean Air Act. The owner or operator shall submit
a permit application meeting the requirements of Paragraph (m)(1) of this Rule
within 30 days of issuance of that Title V permit. The Division shall use the
procedures in 40 CFR 63.52(e) to determine whether the emissions limitations
adopted pursuant to the prior 112(g) case-by-case MACT determination are
substantially as effective as the emission limitations that the Division would
otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the
source in question. If the Division determines the previously adopted 112(g)
emission limitations are substantially as effective, then the Director shall
retain the existing emission limitations to effectuate Section 112(j) of the
federal Clean Air Act and revise the permit accordingly. If the Division does
not retain the previously adopted 112(g) emission limitations, the MACT
requirements of this Rule are satisfied upon issuance of a revised Title V
permit incorporating any additional Section 112(j) requirements.
(e) Sources that become subject to Section 112(j) of the
federal Clean Air Act after the Section 112(j) deadline and that do not have a Title
V permit addressing Section 112(j) requirements. The requirements of this
Paragraph apply to sources that do not meet the criteria in Paragraph (d) of
this Rule on the Section 112(j) deadline and are therefore not subject to
Section 112(j) of the federal Clean Air Act on that date, but where events
occur subsequent to the Section 112 (j) deadline that would bring the source
under the requirements of this Rule, and the source does not have a Title V
permit that addresses the requirements of Section 112(j) of the federal Clean
Air Act.
(1) When one or more sources in a category or
subcategory subject to the requirements of this Rule are installed at a major
source, or result in the source becoming a major source due to the
installation, and the installation does not invoke Section 112(g) requirements
in 15A NCAC 02D .1112, the owner or operator shall submit an application
meeting the requirements of Paragraph (m)(1) of this Rule within 30 days of
startup of the source. Existing source MACT requirements (including relevant
compliance deadlines), as specified in a Title V permit issued pursuant to the
requirements of this Rule, shall apply to such sources. The Division shall use
the procedures in 40 CFR 63.52(e) to determine whether the emissions
limitations adopted pursuant to the prior 112(g) case-by-case MACT
determination are substantially as effective as the emission limitations that
the Division would otherwise adopt pursuant to Section 112(j) of the federal
Clean Air Act for the source in question. If the Division determines the previously
adopted 112(g) emission limitations are substantially as effective, then the
Division shall retain the existing emission limitations to effectuate Section
112(j) of the federal Clean Air Act and revise the permit accordingly. If the
Division does not retain the previously adopted 112(g) emission limitations,
the MACT requirements of this Rule are satisfied upon issuance of a revised Title
V permit incorporating any additional Section 112(j) requirements.
(2) When one or more sources in a category or
subcategory subject to 112(j) requirements are installed at a major source or
result in the source becoming a major source due to the installation, and the
installation requires 112(g) emission limitations to be established and
permitted under 15A NCAC 02Q .0528, and the owner or operator has not submitted
an application for a Title V permit revision that addresses the emission
limitation requirements of Section 112(j) of the federal Clean Air Act, the
owner or operator shall apply for and obtain a Title V permit that addresses
the emission limitation requirements of Section 112(g) of the federal Clean Air
Act. Within 30 days of issuance of that Title V permit, the owner or operator
shall submit an application meeting the requirements of Paragraph (m)(1) of
this Rule for a revision to the existing Title V permit. The Division shall
determine whether the emissions limitations adopted pursuant to the prior
112(g) case-by-case MACT determination are substantially as effective as the
emission limitations that the Division would otherwise adopt pursuant to
Section 112(j) of the federal Clean Air Act for the source in question. If the
Division determines the previously adopted 112(g) emission limitations are
substantially as effective, then the Division shall retain the existing
emission limitations to effectuate Section 112(j) of the federal Clean Air Act
and revise the permit accordingly. If the Division does not retain the
previously adopted 112(g) emission limitations, the permit shall be revised to
incorporate any additional Section 112(j) requirements.
(3) The owner or operator of an area source
that, due to a relaxation in any federally enforceable emission limitation
(such as a restriction on hours of operation), increases its potential to emit
hazardous air pollutants such that the source becomes a major source that is
subject to this Rule, shall submit an application meeting the requirements of
Paragraph (m)(1) of this Rule within 30 days after the date that such source
becomes a major source. The Director shall use the procedures in Paragraph (n)
of this Rule in reviewing the application. The existing source MACT
requirements (including relevant compliance deadlines), shall apply to such
sources.
(4) If EPA establishes a lesser quantity
emission rate under Section 112(a)(1) of the Federal Clean Air Act that results
in an area source becoming a major source that is subject to this Rule, then
the owner or operator of such a major source shall submit an application
meeting the requirements of Paragraph (m)(1) of this Rule on or before the date
six months after the date that such source becomes a major source. Existing
source MACT requirements (including relevant compliance deadlines), as
specified in a Title V permit issued pursuant to the requirements of this Rule,
shall apply to such sources.
(f) Sources that have a Title V permit addressing Section
112(j) requirements. The requirements of this Paragraph apply to major sources
that include one or more sources in a category or subcategory for which EPA
fails to promulgate an emission standard on or before the Section 112(j)
deadline, and the owner or operator has a permit meeting the Section 112(j)
requirements, and where changes occur at the major source to equipment,
activities, or both, subsequent to the Section 112(j) deadline.
(1) If the Title V permit already provides the
requirements that address the events that occur under this Paragraph subsequent
to the Section 112(j) deadline, then the source shall comply with the
applicable new source MACT or existing source MACT requirements as specified in
the permit, and the Section 112(j) requirements are thus satisfied.
(2) If the Title V permit does not contain the
requirements that address the events that occur under this Paragraph subsequent
to the Section 112(j) deadline, then the owner operator shall submit an
application for a revision to the existing Title V permit that meets the
requirements of Paragraph (m)(1) of this Rule within 30 days of beginning
construction. Existing source MACT requirements (including relevant compliance
deadlines), as specified in a Title V permit issued pursuant to the
requirements of this Rule shall apply to such sources.
(g) Requests for applicability determination. An owner or
operator who is unsure of whether one or more sources at a major source belong
in a category or subcategory for which EPA has failed to promulgate an emission
standard under this 40 CFR Part 63 may, on or before an applicable Section
112(j) deadline, request an applicability determination from the Division by
submitting an application meeting the requirements of Paragraph (m)(1) of this
Rule by the applicable deadlines specified in Paragraphs (d), (e), or (f) of
this Rule.
(h) An owner or operator who submits a Part 1 MACT
application meeting the requirements of Paragraph (m)(1) of this Rule shall
submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2)
of this Rule no later than the applicable date specified in 40 CFR 63 Subpart B
Table 1. The submission date specified in 40 CFR 63 Subpart B Table 1 for
Miscellaneous Organic Chemical Manufacturing shall apply to sources in each of
the source categories listed in 40 CFR 63 Subpart B Table 2. When an owner or
operator is required by 15A NCAC 02D .1109 and this Rule to submit an application
meeting the requirements of Paragraph (m)(1) of this Rule by a date that is
after the date for a Part 2 MACT application for sources in the category or
subcategory in question established by 40 CFR 63 Subpart B Table 1, the owner
or operator shall submit a Part 2 MACT application meeting the requirements of
Paragraph (m)(2) of this Rule within 60 additional days after the applicable
deadline for submission of the Part 1 MACT application. The Part 2
applications shall be reviewed by the Division according to the procedures
established in 40 CFR 63.55.
(1) Any owner or operator who submitted a
request for an applicability determination on or before May 15, 2002, that
remained pending as of May 30, 2003, and who still wishes to obtain such a
determination must resubmit that request by the date that is 60 days after the
Administrator publishes in the Federal Register a proposed standard under Section
112(d) or 112(h) of the Clean Air Act for the category or subcategory in
question. Such a resubmitted request must be supplemented to discuss the
relation between the source(s) in question and the applicability provision in
the proposed standard for the category or subcategory in question, and to
explain why there may still be uncertainties that require a determination of
applicability. The Director shall take action on each supplemented and
resubmitted request within an additional 60 days after the applicable deadline
for the resubmitted request. If more than three years remain on the current Title
V permit, the owner or operator shall submit an application for a Title V
permit revision to make any conforming changes in the permit required to adopt
the existing emission limitations as the Section 112(j) MACT emission
limitations. If less than three years remain on the current Title V permit,
any required conforming changes shall be made when the permit is renewed. If
the applicability determination is positive, the owner or operator shall submit
a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this
Rule by the date specified for the category or subcategory in question in 40
CFR 63 Subpart B Table 1. If the applicability determination is negative, no
further action by the owner or operator is necessary.
(2) An owner or operator who has submitted an
application meeting the requirements of Paragraph (m)(1) of this Rule may
request a determination of whether emission limitations adopted pursuant to a
prior case-by-case MACT determination under Section 112(g) that apply to one or
more sources in a relevant category or subcategory are substantially as
effective as the emission limitations that the Division would otherwise adopt
pursuant to this Rule for the source in question. Such a request must be
submitted by the date for the category or subcategory in question specified in
40 CFR 63 Subpart B Table 1. Each request for a determination under this
Paragraph shall be construed as a complete application for an equivalent
emission limitation under this Rule. If the Director determines that the
emission limitations in the prior case-by-case MACT determination are
substantially as effective as the emission limitations the Director would
otherwise adopt under this Rule, then the Director must adopt the existing
emission limitations in the permit as the emission limitations to effectuate Section
112(j) for the source in question. If the Director determines that the
emission limitations in the prior case-by-case MACT determination under Section
112(g) are not substantially as effective as the emission limitations that the
Director would otherwise adopt for the source in question under this Rule, the
Director must make a new MACT determination and adopt a Title V permit
incorporating an appropriate equivalent emission limitation under this Rule.
The Division shall use the procedures in 40 CFR 63.52(e) to determine whether
the emission limitations adopted pursuant to the prior 112(g) case-by-case MACT
determination are substantially as effective as the emission limitations which
Division would otherwise adopt pursuant to Section 112(j) of the federal Clean
Air Act for the source in question.
(i) If the Director disapproves a permit application
submitted under this Rule or determines that the application is incomplete, the
owner or operator shall revise and resubmit the application to meet the
Director's objections not later than six months after first receiving
notification that the application has been disapproved or is incomplete.
(j) If the owner or operator of a source subject to this
Rule has submitted a timely and complete application for a permit, significant
permit revision, or administrative amendment required by this Rule, any failure
to have this permit shall not be a violation of the requirements of this Rule
unless the delay in final action is due to the failure of the applicant to
submit, in a timely manner, information required or requested to process the
application.
(k) The permit shall contain the items specified in 40 CFR
63.52 including:
(1) specification of the affected source and the
new affected source
(2) an emission limitation (or limitations) or
emission standard equivalent to existing source MACT and an emission limitation
(or limitations) equivalent to new source MACT for control of emissions of
hazardous air pollutants for that category or subcategory determined by the
Director according to 40 CFR 63.55(a)on a case-by-case basis;
(3) any emission limits, production limits,
operational limits or other terms and conditions necessary to ensure
practicable enforceability of the MACT emission limitation;
(4) any notification, operation and
maintenance, performance testing, monitoring, reporting, and recordkeeping
requirements; and
(5) a compliance date(s) by which the owner or
operator of an existing source shall be in compliance with the MACT emission
limitation and all other applicable terms and conditions of the permit not to
exceed three years from the date of issuance of the permit (The owner or
operator of a new affected source shall comply with a new source MACT level of
control immediately upon startup.)
(l) Early reductions made pursuant to Section 112(i)(5)(A)
of the federal Clean Air Act shall be achieved not later than the date on which
the relevant standard should have been promulgated according to the source
category schedule for standards.
(m) A permit application for a MACT determination shall
consist of two parts.
(1) The Part 1 application shall contain the
information required under 40 CFR 63.53(a) and shall be submitted by the
applicable deadline specified in Paragraph (d), (e), or (f) of this Rule.
(2) The Part 2 application shall contain the
information required under 40 CFR 63.53(b) and shall be submitted no later than
the deadline in 40 CFR 63 Subpart B Table 1.
(n) Permit application review. The Director shall follow 40
CFR 63.55 (a) in reviewing permit applications for MACT. The resulting MACT
determination shall be incorporated into the facility's Title V permit
according to the procedures established under this Section. Following submittal
of a Part 1 or Part 2 MACT application, the Director may request, pursuant to
15A NCAC 02Q .0507(c) and .0525(a), additional information from the owner or
operator; and the owner or operator shall submit the requested information
within 30 days. A Part 2 MACT application is complete if it is sufficient to
begin processing the application for a Title V permit addressing Section 112(j)
requirements. If the Division disapproves a permit application or determines
that the application is incomplete, the owner or operator shall revise and
resubmit the application to meet the objections of the Division within the time
period specified by the Division. Such time period shall not exceed six months
from the date that the owner or operator is first notified that the application
has been disapproved or is incomplete. The Director shall issue a Title V
permit meeting Section 112(j) requirements after receipt of a complete Part 2
MACT application following the schedule in 15A NCAC 02Q .0525.
(o) The following requirements apply to case-by-case
determinations of equivalent emission limitations when a MACT standard is
subsequently promulgated:
(1) If EPA promulgates an emission standard
that is applicable to one or more sources within a major facility before the
date a proposed permit under this Rule is approved, the permit shall contain
the promulgated standard rather than the emission limitation determined under
15A NCAC 02D .1109, and the owner or operator of the source shall comply with
the promulgated standard by the compliance date in the promulgated standard.
(2) If EPA promulgates an emission standard
that is applicable to a source after the date that a permit is issued under
this Rule, the Director shall revise the permit on its next renewal to reflect
the promulgated standard. (Subparagraph (a)(1) of Rule .0517 of this Section
does not apply to requirements established under this Rule.) The Director
shall establish a compliance date in the revised permit that assures that the
owner or operator shall comply with the promulgated standard within a
reasonable time, but no longer than eight years after such standard is
promulgated or eight years after the date by which the owner or operator was
first required to comply with the emission limitation established by permit,
whichever is earlier. However, in no event shall the period for compliance for
existing sources be shorter than that provided for existing sources in the
promulgated standard.
(3) Notwithstanding the requirements of
Subparagraphs (1) or (2) of this Paragraph, if EPA promulgates an emission
standard that is applicable to a source after the date a proposed permit is
approved, the Director need not change the emission limitation in the permit to
reflect the promulgated standard if the level of control required by the emission
limitation in the permit is as effective as that required by the promulgated
standard. If EPA promulgates an emission standard that is applicable to an
affected source after the date a permit application is approved, and the level
of control required by the promulgated standard is less stringent than the
level of control required by any emission limitation in the prior MACT
determination, the Division is not required to incorporate any less stringent
emission limitation of the promulgated standard and may consider any more
stringent provisions of the MACT determination to be applicable legal
requirements when issuing or revising such a Title V permit.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10);
143-215.108;
Eff. July 1, 1996;
Amended Eff. February 1, 2004.
15A NCAC 02Q .0527 EXPEDITED APPLICATION PROCESSING
SCHEDULE
(a) Using the procedures contained in this Rule may result
in a permit that EPA does not recognize as a valid permit.
(b) An applicant may file an application to follow the
expedited review for application certified by a professional engineer as set
out in G.S. 143-215.108(h) if:
(1) The applicant specifically requests that
the permit application be processed under the procedures in G.S.
143-215.108(h); and
(2) The applicant submits:
(A) applications as required under Rules .0505 and .0507
of this Section;
(B) a completeness check list showing that the permit
application is complete;
(C) a draft permit;
(D) any required dispersion modeling;
(E) a certification signed by a professional engineer
registered in North Carolina certifying the accuracy and completeness of draft
permit and the application, including emissions estimates, applicable standards
and requirements, and process specifications;
(F) a consistency determination as required under Rule
.0507(d)(1) of this Section;
(G) a written description of current and projected plans
to reduce the emissions of air contaminants as required under Rule .0507(d)(2)
of this Section;
(H) a financial qualification if required;
(I) substantial compliance statement if required; and
(J) the application fee as required under Section
.0200 of this Subchapter.
(c) The applicant shall use the official application forms
provided by the Division or a facsimile thereof.
(d) The Division shall provide the applicant a checklist of
all items of information required to prepare a complete permit application.
This checklist shall be the checklist used by the Division to determine if the
application is complete.
(e) The Division shall provide the applicant a list of permit
conditions and terms to include in the draft permit.
(f) Before filing a permit application that includes
dispersion modeling analysis submitted in support of the application, the
applicant shall submit a modeling protocol and receive approval for the
dispersion modeling protocol.
(g) The Division shall follow the procedures set out in
G.S. 143-215.108(h) when processing applications filed in accordance with this
Rule.
(h) The decision that the Director shall make on
applications processed under this Rule is either to deny the permit or to
submit a proposed permit to EPA.
(i) If EPA does not object to the proposed permit, the
Director shall issue the permit within five days after:
(1) expiration of EPA 45-day review period; or
(2) receipt of notice from EPA that it will not
object to issuance,
whichever comes first.
(j) If EPA objects to the proposed permit, the Director
shall respond to EPA's objection within 90 days after receipt of EPA's
objections.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108;
Eff. July 1, 1998.
15A NCAC 02Q .0528 112(G) CASE-BY-CASE MACT PROCEDURES
(a) Applicability. The owner or operator of a source
required to apply maximum achievable control technology (MACT) under 15A NCAC
2D .1112 shall follow the permit procedures set out in this Rule.
(b) Construction prohibition. After July 1, 1998 a person
shall not begin actual construction or reconstruction of a major source of
hazardous air pollutants unless:
(1) The major source has been specifically
regulated or exempted from regulation under:
(A) 15A NCAC 2D .1109 or .1111, or
(B) a standard issued pursuant to Section 112(d),
112(h), or 112(j) of the federal Clean Air Act under 40 CFR Part 63,
and the owner and operator has fully complied with all
procedures and requirements for preconstruction review established by that
standard, including any applicable requirements set forth in 40 CFR Part 63,
Subpart A; or
(2) The Division has made a final and effective
case-by-case determination under 15A NCAC 2D .1112 such that emissions from the
constructed or reconstructed major source will be controlled to a level no less
stringent than the maximum achievable control technology emission limitation
for new sources.
(c) Requirements for constructed and reconstructed major
sources. When a case-by-case determination of MACT is required by 15A NCAC 2D
.1112, the owner and operator shall submit a permit application to the Division
and the Division shall process the application following the procedures of Rule
.0501(c) of this Section.
(d) Alternative operating scenarios. When applying for a
permit, the owner or operator may request approval of case-by-case MACT
determinations for alternative operating scenarios. Approval of such
determinations satisfies the requirements of Section 112(g) of the federal Clean
Air Act for each such scenario.
(e) Application requirements for a case-by-case MACT
determination. The owner or operator of a source required to apply MACT under
Rule 15A NCAC 2D .1112 shall submit a permit application that contains all the
information required under 40 CFR 63.43(e).
(f) Reporting to the EPA. Within 60 days of the issuance
of a permit under this Section or Section .0300 of this Subchapter
incorporating a MACT determination, the Director shall provide a copy of such
permit to EPA, and shall provide a summary in a compatible electronic format
for inclusion in the MACT data base.
History Note: Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(5),(10);
Eff. July 1, 1998.
section .0600 - TRANSPORTATION FACILITY PROCEDURES
15A NCAC 02Q .0601 PURPOSE OF SECTION AND REQUIREMENT FOR A
PERMIT
15A NCAC 02Q .0602 DEFINITIONS
15A NCAC 02Q .0603 APPLICATIONS
15A NCAC 02Q .0604 PUBLIC PARTICIPATION
15A NCAC 02Q .0605 FINAL ACTION ON PERMIT APPLICATIONS
15A NCAC 02Q .0606 TERMINATION, MODIFICATION AND REVOCATION
OF PERMITS
History Note: Authority G.S. 143‑215.3(a)(1),(1a),(1b),(3);
143‑213; 143‑215.4(b); 143‑215.108; 143‑215.109;
Temporary Adoption Eff. March 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. February 1, 2005;
Repealed Eff. January 1, 2015.
15A NCAC 02Q .0607 APPLICATION PROCESSING SCHEDULE
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143-215.109;
Eff. February 1, 1995;
Amended Eff. July 1, 1998;
Repealed Eff. January 1, 2015.
section .0700 – toxic air pollutant procedures
15A NCAC 02Q .0701 APPLICABILITY
With the exceptions in Rule .0702 of this Section, no person
shall cause or allow any toxic air pollutant named in 15A NCAC 02D .1104 to be
emitted from any facility into the atmosphere at a rate that exceeds the
applicable rate(s) in Rule .0711 of this Section without having received a
permit to emit toxic air pollutants as follows:
(1) new facilities according to Rule .0704 of
this Section; or
(2) modifications according to Rule .0706 of
this Section.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107;
143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1,
2005.
15a ncac 02q .0702 EXEMPTIONS
(a) A permit to emit toxic air pollutants shall not be
required under this Section for:
(1) residential wood stoves, heaters, or
fireplaces;
(2) hot water heaters that are used for
domestic purposes only and are not used to heat process water;
(3) maintenance, structural changes, or repairs
that do not change capacity of that process, fuel-burning, refuse-burning, or
control equipment, and do not involve any change in quality or nature or
increase in quantity of emission of any regulated air pollutant or toxic air
pollutant;
(4) housekeeping activities or building
maintenance procedures, including painting buildings, resurfacing floors, roof
repair, washing, portable vacuum cleaners, sweeping, use and associated storage
of janitorial products, or non-asbestos bearing insulation removal;
(5) use of office supplies, supplies to
maintain copying equipment, or blueprint machines;
(6) paving parking lots;
(7) replacement of existing equipment with
equipment of the same size, type, and function if the new equipment:
(A) does not result in an increase to the actual or
potential emissions of any regulated air pollutant or toxic air pollutant;
(B) does not affect compliance status; and
(C) fits the description of the existing equipment in
the permit, including the application, such that the replacement equipment can
be operated under that permit without any changes to the permit;
(8) comfort air conditioning or comfort ventilation
systems that do not transport, remove, or exhaust regulated air pollutants to
the atmosphere;
(9) equipment used for the preparation of food
for direct on-site human consumption;
(10) non-self-propelled non-road engines, except
generators, regulated by rules adopted by the Environmental Protection Agency
under Title II of the federal Clean Air Act;
(11) stacks or vents to prevent escape of sewer
gases from domestic waste through plumbing traps;
(12) use of fire fighting equipment;
(13) the use for agricultural operations by a
farmer of fertilizers, pesticides, or other agricultural chemicals containing
one or more of the compounds listed in 15A NCAC 02D .1104 if such compounds are
applied according to agronomic practices acceptable to the North Carolina
Department of Agriculture;
(14) asbestos demolition and renovation projects
that comply with 15A NCAC 02D .1110 and that are being done by persons
accredited by the Department of Health and Human Services under the Asbestos
Hazard Emergency Response Act;
(15) incinerators used only to dispose of dead
animals or poultry as identified in 15A NCAC 02D .1201(c)(4) or incinerators
used only to dispose of dead pets as identified in 15A NCAC 02D .1208(a)(2)(A);
(16) refrigeration equipment that is consistent
with Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of
the federal Clean Air Act, 40 CFR Part 82, and any other regulations
promulgated by EPA under Title VI for stratospheric ozone protection, except
those units used as or with air pollution control equipment;
(17) laboratory activities:
(A) bench-scale, on-site equipment used exclusively for
chemical or physical analysis for quality control purposes, staff instruction,
water or wastewater analyses, or non-production environmental compliance
assessments;
(B) bench scale experimentation, chemical or physical
analyses, training or instruction from nonprofit, non-production educational
laboratories;
(C) bench scale experimentation, chemical or physical
analyses, training or instruction from hospital or health laboratories pursuant
to the determination or diagnoses of illnesses; and
(D) research and development laboratory activities that
are not required to be permitted under Section .0500 of this Subchapter
provided the activity produces no commercial product or feedstock material;
(18) combustion sources as defined in Rule .0703
of this Section except new or modified combustion sources permitted on or after
July 10, 2010;
(19) storage tanks used only to store:
(A) inorganic liquids with a true vapor pressure less
than 1.5 pounds per square inch absolute;
(B) fuel oils, kerosene, diesel, crude oil, used motor
oil, lubricants, cooling oils, natural gas, liquefied petroleum gas, or
petroleum products with a true vapor pressure less than 1.5 pounds per square
inch absolute;
(20) dispensing equipment used solely to dispense
diesel fuel, kerosene, lubricants or cooling oils;
(21) portable solvent distillation systems that
are exempted under Rule .0102(c)(1)(I) of this Subchapter;
(22) processes:
(A) electric motor burn-out ovens with secondary
combustion chambers or afterburners;
(B) electric motor bake-on ovens;
(C) burn-off ovens for paint-line hangers with
afterburners;
(D) hosiery knitting machines and associated lint
screens, hosiery dryers and associated lint screens, and hosiery dyeing
processes where bleach or solvent dyes are not used;
(E) blade wood planers planing only green wood;
(F) saw mills that saw no more than 2,000,000 board
feet per year, provided only green wood is sawed;
(G) perchloroethylene drycleaning processes with
12-month rolling total consumption of:
(i) less than 1366 gallons of perchloroethylene per
year for facilities with dry-to-dry machines only;
(ii) less than 1171 gallons of perchloroethylene per
year for facilities with transfer machines only; or
(iii) less than 1171 gallons of perchloroethylene per
year for facilities with both transfer and dry-to-dry machines;
(23) wood furniture manufacturing operations as
defined in 40 CFR 63.801(a) that comply with the emission limitations and other
requirements of 40 CFR Part 63 Subpart JJ, provided that the terms of this
exclusion shall not affect the authority of the Director under Rule .0712 of
this Section;
(24) wastewater treatment systems at pulp and
paper mills for hydrogen sulfide and methyl mercaptan only;
(25) natural gas and propane fired combustion
sources with an aggregate allowable heat input value less than 450 million Btu
per hour that are the only source of benzene at the facility;
(26) emergency engines with an aggregate total
horsepower less than 4843 horsepower that are the only source of formaldehyde
at the facility;
(27) an air emission source that is any of the
following:
(A) subject to an applicable requirement under 40 CFR
Part 61, as amended;
(B) an affected source under 40 CFR Part 63, as amended;
or
(C) subject to a case-by-case MACT permit requirement
issued by the Division pursuant to Paragraph (j) of 42 U.S.C. Section 7412, as
amended;
(28) gasoline dispensing facilities or gasoline
service station operations that comply with 15A NCAC 02D .0928 and .0932 and
that receive gasoline from bulk gasoline plants or bulk gasoline terminals that
comply with 15A NCAC 02D .0524, .0925, .0926, .0927, .0932, and .0933 via tank
trucks that comply with 15A NCAC 02D .0932;
(29) the use of ethylene oxide as a sterilant in
the production and subsequent storage of medical devices or the packaging and
subsequent storage of medical devices for sale if the emissions from all new
and existing sources at the facility described in 15A NCAC 02D .0538(d) are
controlled to the degree described in 15A NCAC 02D .0538(d) and the facility
complies with 15A NCAC 02D .0538(e) and (f);
(30) bulk gasoline plants, including the storage
and handling of fuel oils, kerosenes, and jet fuels but excluding the storage
and handling of other organic liquids, that comply with 15A NCAC 02D .0524,
.0925, .0926, .0932, and .0933; unless the Director finds that a permit to emit
toxic air pollutants is required under Paragraph (b) of this Rule or Rule .0712
of this Section for a particular bulk gasoline plant; or
(31) bulk gasoline terminals, including the
storage and handling of fuel oils, kerosenes, and jet fuels but excluding the
storage and handling of other organic liquids, that comply with 15A NCAC 02D
.0524, .0925, .0927, .0932, and .0933 if the bulk gasoline terminal existed
before November 1, 1992, unless:
(A) the Director finds that a permit to emit toxic air
pollutants is required under Paragraph (b) of this Rule or Rule .0712 of this
Section for a particular bulk gasoline terminal; or
(B) the owner or operator of the bulk gasoline terminal
meets the requirements of 15A NCAC 02D .0927(i).
(b) Emissions from the activities identified in
Subparagraphs (a)(28) through (a)(31) of this Rule shall be included in
determining compliance with the toxic air pollutant requirements in this
Section and shall be included in the permit if necessary to assure compliance.
Emissions from the activities identified in Subparagraphs (a)(1) through (a)(27)
of this Rule shall not be included in determining compliance with the toxic air
pollutant requirements in this Section provided that the terms of this
exclusion shall not affect the authority of the Director under Rule .0712 of
this Section.
(c) The addition or modification of an activity identified
in Paragraph (a) of this Rule shall not cause the source or facility to be
evaluated for emissions of toxic air pollutants.
(d) An activity that is exempt from being permitted under
this Section is not exempt from any applicable requirement or that the owner or
operator of the source is exempted from demonstrating compliance with any
applicable requirement.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; April 1, 2005;
July 1, 2002; July 1, 2000.
15A ncac 02q .0703 DEFINITIONS
For the purposes of this Section, the following definitions
apply:
(1) "Actual rate of emissions" means:
(a) for existing sources:
(i) for toxic air pollutants with an annual
averaging period, the average rate or rates at which the source actually
emitted the pollutant during the two-year period preceding the date of the
particular modification and that represents normal operation of the source. If
this period does not represent normal operation, the Director may allow the use
of a different, more representative, period.
(ii) for toxic air pollutants with a 24-hour or
one-hour averaging period, the maximum actual emission rate at which the source
actually emitted for the applicable averaging period during the two-year period
preceding the date of the particular modification and that represents normal
operation of the source. If this period does not represent normal operation,
the Director may require or allow the use of a different, more representative,
period.
(b) for new or modified sources, the average
rate or rates, determined for the applicable averaging period(s), that the
proposed source will actually emit the pollutant as determined by engineering
evaluation.
(2) "Applicable averaging period" means the
averaging period for which an acceptable ambient limit has been established by
the Commission in Rule 15A NCAC 02D .1104.
(3) "Bioavailable chromate pigments" means
the group of chromium (VI) compounds consisting of calcium chromate (CAS
No.13765-19-0), calcium dichromate (CAS No. 14307-33-6), strontium chromate
(CAS No. 7789-06-2), strontium dichromate (CAS No. 7789-06-2), zinc chromate
(CAS No. 13530-65-9), and zinc dichromate (CAS No. 7789-12-0).
(4) "CAS Number" means the Chemical Abstract
Service registry number identifying a particular substance.
(5) "Chromium (VI) equivalent" means the
molecular weight ratio of the chromium (VI) portion of a compound to the total
molecular weight of the compound multiplied by the associated compound emission
rate or concentration at the facility.
(6) "Combustion sources" means boilers, space
heaters, process heaters, internal combustion engines, and combustion turbines,
which burn only wood or unadulterated fossil fuel. It does not include
incinerators, waste combustors, kilns, dryers, or direct heat exchange
industrial processes.
(7) "Creditable emissions" means actual
decreased emissions that have not been previously relied on to comply with
Subchapter 15A NCAC 02D. All creditable emissions shall be enforceable by
permit condition.
(8) "Cresol" means o-cresol, p-cresol,
m-cresol, or any combination of these compounds.
(9) "Evaluation" means:
(a) a determination that the emissions from the
facility, including emissions from sources exempted by Rule .0702(a)(28)
through (31) of this Section, are less than the rate listed in Rule .0711 of
this Section; or
(b) a determination of ambient air
concentrations as described under 15A NCAC 02D .1106, including emissions from
sources exempted by Rule .0702(a)(28) through (31) of this Section.
(10) "GACT" means any generally available
control technology emission standard applied to an area source or facility
pursuant to Section 112 of the federal Clean Air Act.
(11) "Hexane isomers except n-hexane" means
2-methyl pentane, 3-methyl pentane, 2,2-dimethyl butane, 2,3-dimethyl butane,
or any combination of these compounds.
(12) "MACT" means any maximum achievable
control technology emission standard applied to a source or facility pursuant
to Section 112 federal Clean Air Act.
(13) "Maximum feasible control" means the
maximum degree of reduction for each pollutant subject to regulation under this
Section using the best technology that is available taking into account, on a
case-by-case basis, human health, energy, environmental, and economic impacts
and other costs.
(14) "Modification" means any physical changes
or changes in the methods of operation that result in a net increase in
emissions or ambient concentration of any pollutant listed in Rule .0711 of
this Section or that result in the emission of any pollutant listed in Rule
.0711 of this Section not previously emitted.
(15) "Net increase in emissions" means for a
modification the sum of any increases in permitted allowable and decreases in
the actual rates of emissions from the proposed modification from the sources
at the facility for which the air permit application is being filed. If the
net increase in emissions from the proposed modification is greater than zero,
all other increases in permitted allowable and decreases in the actual rates of
emissions at the facility within five years immediately preceding the filing of
the air permit application for the proposed modification that are otherwise
creditable emissions may be included.
(16) "Nickel, soluble compounds" means the
soluble nickel salts of chloride (NiCl2, CAS No. 7718-54-9), sulfate
(NiSO4, CAS No. 7786-81-4), and nitrate (Ni(NO3)2,
CAS No. 13138-45-9).
(17) "Non-specific chromium (VI) compounds"
means the group of compounds consisting of any chromium (VI) compounds not
specified in this Section as a bioavailable chromate pigment or a soluble
chromate compound.
(18) "Polychlorinated biphenyls" means any
chlorinated biphenyl compound or mixture of chlorinated biphenyl compounds.
(19) "Pollution prevention plan" means a
written description of current and projected plans to reduce, prevent, or
minimize the generation of pollutants by source reduction and recycling and
includes a site-wide assessment of pollution prevention opportunities at a
facility that addresses sources of air pollution, water pollution, and solid
and hazardous waste generation.
(20) "SIC" means standard industrial
classification code.
(21) "Soluble chromate compounds" means the
group of chromium (VI) compounds consisting of ammonium chromate (CAS No.
7788-98-9), ammonium dichromate (CAS No. 7789-09-5), chromic acid (CAS No.
7738-94-5), potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS
No. 7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate (CAS
No. 10588-01-9).
(22) "Toxic air pollutant" means any of those
carcinogens, chronic toxicants, acute systemic toxicants, or acute irritants
listed in 15A NCAC 02D .1104.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; April 1, 2001.
15A NCAC 02Q .0704 NEW FACILITIES
(a) This Rule applies only to new facilities.
(b) The owner or operator of a facility required to have a
permit because of applicability of a Section in 15A NCAC 02D, other than 15A
NCAC 02D .1100, are required to receive a permit to emit toxic air pollutants
before beginning construction, and shall comply with the permit when beginning
operation. This Paragraph does not apply to facilities whose emissions of toxic
air pollutants result only from sources exempted under Rule .0102 of this
Subchapter.
(c) The owner or operator of the facility shall submit a
permit application to comply with 15A NCAC 02D .1100 if emissions of any toxic
air pollutant exceed the levels contained in Rule .0711 of this Section.
(d) The permit application filed pursuant to this Rule
shall include an evaluation for all toxic air pollutants listed in 15A NCAC 02D
.1104. All sources at the facility, excluding sources exempt from evaluation in
Rule .0702 of this Section, emitting these toxic air pollutants shall be
included in the evaluation.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014.
15A NCAC 02Q .0705 EXISTING FACILITIES AND SIC CALLS
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Repealed Eff. May 1, 2014.
15A NCAC 02Q .0706 MODIFICATIONS
(a) The owner or operator shall comply with Paragraphs (b)
and (c) of this Rule for modification of any facility required to have a permit
because of applicability of a Section in 15A NCAC 02D, other than 15A NCAC 02D .1100.
This Paragraph does not apply to facilities whose emissions of toxic air
pollutants result only from insignificant activities, as defined in Rule
.0103(20) of this Subchapter, or sources exempted under Rule .0102 of this
Subchapter.
(b) The owner or operator of the facility shall submit a
permit application to comply with 15A NCAC 02D .1100 if the modification
results in:
(1) a net increase in emissions or ambient
concentration of any toxic air pollutant that the facility was emitting before
the modification; or
(2) emissions of any toxic air pollutant that
the facility was not emitting before the modification if such emissions exceed
the levels contained in Rule .0711 of this Section.
(c) The permit application filed pursuant to this Rule
shall include an evaluation for all toxic air pollutants covered under 15A NCAC
02D .1104 for which there is:
(1) a net increase in emissions of any toxic
air pollutant that the facility was emitting before the modification; and
(2) emission of any toxic air pollutant that
the facility was not emitting before the modification if such emissions exceed
the levels contained in Rule .0711 of this Section.
All sources at the facility, excluding sources exempt from
evaluation in Rule .0702 of this Section, emitting these toxic air pollutants
shall be included in the evaluation.
(d) If a source is included in an air toxic evaluation, but
is not the source that is being added or modified at the facility, and if the
emissions from this source must be reduced in order for the facility to comply
with the rules in this Section and 15A NCAC 02D .1100, then the emissions from
this source shall be reduced by the time that the new or modified source begins
operating such that the facility shall be in compliance with the rules in this
Section and 15A NCAC 02D .1100.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; December 1,
2005; April 1, 2005.
15A NCAC 02Q .0707 PREVIOUSLY PERMITTED FACILITIES
Any facility with a permit that contains a restriction based
on the evaluation of a source exempted under Rule .0702 of this Section may
request a permit modification to adjust the restriction by removing from
consideration the portion of emissions resulting from the exempt source unless
the Director determines that the removal of the exempt source will result in an
acceptable ambient level in 15A NCAC 2D .1104 being exceeded. The Director
shall modify the permit to remove the applicability of the air toxic rules to
the exempt source. No fee shall be charged solely for such permit modification.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998.
15A NCAC 02Q .0708 COMPLIANCE SCHEDULE FOR PREVIOUSLY
UNKNOWN TOXIC AIR POLLUTANT EMISSIONS
(a) The owner or operator of a facility permitted to emit
toxic air pollutants shall submit a permit application within six months after
the owner or operator learns of an emission of a previously unknown toxic air
pollutant from a permitted source that would have been included in the permit
when it was issued. The application shall include the information required by
Paragraph (b) of this Rule.
(b) When an application to revise a permit is submitted
under this Rule, the owner or operator shall in addition to the application,
submit to the Director:
(1) an evaluation for the pollutant according
to this Section and 15 NCAC 2D .1100 that demonstrates compliance with the
acceptable ambient level in 15A NCAC 2D .1104; or
(2) a compliance schedule containing the
information required under Paragraph (c) of this Rule for the proposed
modifications to the facility required to comply with the acceptable ambient
level according to this Section and Section 15A NCAC 2Q .1100.
(c) The compliance schedule required under Subparagraph
(b)(2) of this Rule shall contain the following increments of progress as
applicable:
(1) a date by which contracts for emission
control and process equipment shall be awarded or orders shall be issued for
the purchase of component parts;
(2) a date by which on-site construction or
installation of the emission control and process equipment shall begin;
(3) a date by which on-site construction or installation
of the emission control and process equipment shall be completed; and
(4) the date by which final compliance shall be
achieved.
(d) Final compliance shall be achieved no later than:
(1) six months after the permit modification or
renewal is issued if construction or installation of emission control or
process equipment is not required;
(2) one year after the permit modification or
renewal is issued if construction or installation of emission control or
process equipment is required; or
(3) the time that is normally required to
construct a stack or install other dispersion enhancement modifications but not
more than one year after the permit modification or renewal is issued.
(e) The owner or operator shall certify to the Director
within 10 days after each applicable deadline for each increment of progress
required under Paragraph (c) of this Rule whether the required increment of
progress has been met.
History Note: Authority G.S. 143-215.3(a)(1);
43-215.107(a)(3),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. July 1, 1998.
15A NCAC 02Q .0709 DEMONSTRATIONS
(a) Demonstrations. The owner or operator of a source who
is applying for a permit or permit modification to emit toxic air pollutants
shall:
(1) demonstrate to the satisfaction of the
Director through dispersion modeling that the emissions of toxic air pollutants
from the facility will not cause any acceptable ambient level listed in 15A
NCAC 02D .1104 to be exceeded beyond the premises (adjacent property boundary);
or
(2) demonstrate to the satisfaction of the
Commission or its delegate that the ambient concentration beyond the premises
(adjacent property boundary) for the subject toxic air pollutant shall not
adversely affect human health (e.g., a risk assessment specific to the
facility) though the concentration is higher than the acceptable ambient level
in 15A NCAC 02D .1104 by providing one of the following demonstrations:
(A) the area where the ambient concentrations are
expected to exceed the acceptable ambient levels in 15A NCAC 02D .1104 is not
inhabitable or occupied for the duration of the averaging time of the pollutant
of concern; or
(B) new toxicological data that show that the acceptable
ambient level in 15A NCAC 02D .1104 for the pollutant of concern is too low and
the facility's ambient impact is below the level indicated by the new
toxicological data.
(b) Technical Infeasibility and Economic Hardship. This
Paragraph shall not apply to any incinerator covered under 15A NCAC 02D .1200. The
owner or operator of any source constructed before May 1, 1990, or a
perchloroethylene dry cleaning facility subject to a GACT standard under 40 CFR
63.320 through 63.325, or a combustion source as defined in Rule .0703 of this
Section permitted before July 10, 2010, who cannot supply a demonstration
described in Paragraph (a) of this Rule shall:
(1) demonstrate to the satisfaction of the
Commission or its delegate that complying with the guidelines in 15A NCAC 02D
.1104 is technically infeasible, as the technology necessary to reduce
emissions to a level to prevent the acceptable ambient levels in 15A NCAC 02D
.1104 from being exceeded does not exist; or
(2) demonstrate to the satisfaction of the
Commission or its delegate that complying with the guidelines in 15A NCAC 02D
.1104 would result in serious economic hardship. In deciding if a serious
economic hardship exists, the Commission or its delegate shall consider market
impact; impacts on local, regional and state economy; risk of closure; capital
cost of compliance; annual incremental compliance cost; and environmental and
health impacts.
If the owner or operator makes a demonstration to the
satisfaction of the Commission or its delegate pursuant to Subparagraphs (1) or
(2) of this Paragraph, the Director shall require the owner or operator of the
source to apply maximum feasible control. Maximum feasible control shall be in
place and operating within three years from the date that the permit is issued
for the maximum feasible control.
(c) Pollution Prevention Plan. The owner or operator of
any facility using the provisions of Part (a)(2)(A) or Paragraph (b) of this
Rule shall develop and implement a pollution prevention plan consisting of the
following elements:
(1) statement of corporate and facility
commitment to pollution prevention;
(2) identification of current and past
pollution prevention activities;
(3) timeline and strategy for implementation;
(4) description of ongoing and planned employee
education efforts; and
(5) identification of internal pollution
prevention goal selected by the facility and expressed in either qualitative or
quantitative terms.
The facility shall submit the pollution plan along with the
permit application. The pollution prevention plan shall be maintained on site.
A progress report on implementation of the plan shall be prepared by the
facility annually and be made available to Division personnel for review upon
request.
(d) Modeling Demonstration. If the owner or operator of a
facility demonstrates by modeling that no toxic air pollutant emitted from the
facility exceeds the acceptable ambient level values set out in 15A NCAC 02D
.1104 beyond the facility's premises, further modeling demonstration is not
required with the permit application. However, the Commission may still
require more stringent emission levels according to its analysis under 15A NCAC
02D .1107.
(e) Change in Acceptable Ambient Level. When an acceptable
ambient level for a toxic air pollutant in 15A NCAC 02D .1104 is changed, any
condition that has previously been put in a permit to protect the previous
acceptable ambient level for that toxic air pollutant shall not be changed
until:
(1) The permit is renewed, at which time the
owner or operator of the facility shall submit an air toxic evaluation,
excluding sources exempt from evaluation in Rule .0702 of this Section, showing
that the new acceptable ambient level will not be exceeded. If additional time
is needed to bring the facility into compliance with the new acceptable ambient
level, the owner or operator shall negotiate a compliance schedule with the
Director. The compliance schedule shall be written into the facility's permit
and final compliance shall not exceed two years from the effective date of the
change in the acceptable ambient level; or
(2) The owner or operator of the facility
requests that the condition be changed and submits along with that request an
air toxic evaluation, excluding sources exempt from evaluation in Rule .0702 of
this Section, showing that the new acceptable ambient level shall not be
exceeded.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107;
143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1, 2005.
15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC
HEARING
(a) If the owner or operator of a facility chooses to make
a demonstration pursuant to Rule .0709 (a)(2) or (b) of this Section, the
Commission or its delegate shall approve or disapprove the permit after a
public notice with an opportunity for a public hearing.
(b) The public notice shall be given by publication in a
newspaper of general circulation in the area where the facility is located and
shall be mailed to persons who are on the Division's mailing list for air
quality permit notices.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom
to send comments and requests for public hearing;
(4) the name, address, and telephone number of
a Divisional staff person from whom interested persons may obtain additional
information, including copies of the draft permit, the application, compliance
plan, pollution prevention plan, monitoring and compliance reports, all other
relevant supporting materials, and all other materials available to the
Division that are relevant to the permit decision;
(5) the activity or activities involved in the
permit action;
(6) any emissions change involved in any permit
modification;
(7) a brief description of the public comment
procedures;
(8) the procedures to follow to request a
public hearing unless a public hearing has already been scheduled; and
(9) the time and place of any hearing that has
already been scheduled.
(d) The notice shall allow at least 30 days for public
comments.
(e) If the Director determines that significant public
interest exists or that the public interest will be served, the Director shall
require a pubic hearing to be held on a draft permit. Notice of a public
hearing shall be given at least 30 days before the public hearing.
(f) The Director shall make available for public inspection
in at least one location in the region affected, the information submitted by
the permit applicant and the Division=s analysis of that application.
(g) Any persons requesting copies of material identified in
Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) a page for each
page copied. Confidential material shall be handled in accordance with Rule
.0107 of this Subchapter.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998.
15a ncac 02q .0711 EMISSION RATES REQUIRING A PERMIT
(a) A permit to emit toxic air pollutants shall be required
for any facility where one or more emission release points are obstructed or
non-vertically oriented whose actual rate of emissions from all sources are
greater than any one of the following toxic air pollutant permitting emissions
rates:
Pollutant (CAS Number)
Carcinogens
lb/yr
Chronic Toxicants
lb/day
Acute Systemic Toxicants lb/hr
Acute Irritants
lb/hr
acetaldehyde (75-07-0)
6.8
acetic acid (64-19-7)
0.96
acrolein (107-02-8)
0.02
acrylonitrile (107-13-1)
0.4
0.22
ammonia (7664-41-7)
0.68
aniline (62-53-3)
0.25
arsenic and inorganic arsenic compounds
0.053
asbestos (1332-21-4)
5.7 X 10-3
aziridine (151-56-4)
0.13
benzene (71-43-2)
8.1
benzidine and salts (92-87-5)
0.0010
benzo(a)pyrene (50-32-8)
2.2
benzyl chloride (100-44-7)
0.13
beryllium (7440-41-7)
0.28
beryllium chloride (7787-47-5)
0.28
beryllium fluoride (7787-49-7)
0.28
beryllium nitrate (13597-99-4)
0.28
bioavailable chromate pigments,
as chromium (VI) equivalent
0.0056
bis-chloromethyl ether (542-88-1)
0.025
bromine (7726-95-6)
0.052
1,3-butadiene (106-99-0)
11
cadmium (7440-43-9)
0.37
cadmium acetate (543-90-8)
0.37
cadmium bromide (7789-42-6)
0.37
carbon disulfide (75-15-0)
3.9
carbon tetrachloride (56-23-5)
460
chlorine (7782-50-5)
0.79
0.23
chlorobenzene (108-90-7)
46
chloroform (67-66-3)
290
chloroprene (126-99-8)
9.2
0.89
cresol (1319-77-3)
0.56
p-dichlorobenzene (106-46-7)
16.8
dichlorodifluoromethane (75-71-8)
5200
dichlorofluoromethane (75-43-4)
10
di(2-ethylhexyl)phthalate (117-81-7)
0.63
dimethyl sulfate (77-78-1)
0.063
1,4-dioxane (123-91-1)
12
epichlorohydrin (106-89-8)
5600
ethyl acetate (141-78-6)
36
ethylenediamine (107-15-3)
6.3
0.64
ethylene dibromide (106-93-4)
27
ethylene dichloride (107-06-2)
260
ethylene glycol monoethyl ether (110-80-5)
2.5
0.48
ethylene oxide (75-21-8)
1.8
ethyl mercaptan (75-08-1)
0.025
fluorides
0.34
0.064
formaldehyde (50-00-0)
0.04
hexachlorocyclopentadiene (77-47-4)
0.013
0.0025
hexachlorodibenzo-p-dioxin (57653- 85-7)
0.0051
n-hexane (110-54-3)
23
hexane isomers except n-hexane
92
hydrazine (302-01-2)
0.013
hydrogen chloride (7647-01-0)
0.18
hydrogen cyanide (74-90-8)
2.9
0.28
hydrogen fluoride (7664-39-3)
0.63
0.064
hydrogen sulfide (7783-06-4)
1.7
maleic anhydride (108-31-6)
0.25
0.025
manganese and compounds
0.63
manganese cyclopentadienyl tricarbonyl (12079-65-1)
0.013
manganese tetroxide (1317-35-7)
0.13
mercury, alkyl
0.0013
mercury, aryl and inorganic compounds
0.013
mercury, vapor (7439-97-6)
0.013
methyl chloroform (71-55-6)
250
64
methylene chloride (75-09-2)
1600
0.39
methyl ethyl ketone (78-93-3)
78
22.4
methyl isobutyl ketone (108-10-1)
52
7.6
methyl mercaptan (74-93-1)
0.013
nickel carbonyl (13463-39-3)
0.013
nickel metal (7440-02-0)
0.13
nickel, soluble compounds, as nickel
0.013
nickel subsulfide (12035-72-2)
0.14
nitric acid (7697-37-2)
0.256
nitrobenzene (98-95-3)
1.3
0.13
n-nitrosodimethylamine (62-75-9)
3.4
non-specific chromium (VI) compounds, as chromium (VI)
equivalent
0.0056
pentachlorophenol (87-86-5)
0.063
0.0064
perchloroethylene (127-18-4)
13000
phenol (108-95-2)
0.24
phosgene (75-44-5)
0.052
phosphine (7803-51-2)
0.032
polychlorinated biphenyls (1336-36- 3)
5.6
soluble chromate compounds, as chromium (VI) equivalent
0.013
styrene (100-42-5)
2.7
sulfuric acid (7664-93-9)
0.25
0.025
tetrachlorodibenzo-p-dioxin (1746- 01-6)
0.00020
1,1,1,2-tetrachloro-2,2,-difluoroethane
(76-11-9)
1100
1,1,2,2-tetrachloro-1,2-difluoroethane
(76-12-0)
1100
1,1,2,2-tetrachloroethane (79-34-5)
430
toluene (108-88-3)
98
14.4
toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7)
isomers
0.003
trichloroethylene (79-01-6)
4000
trichlorofluoromethane (75-69-4)
140
1,1,2-trichloro-1,2,2-trifluoroethane
(76-13-1)
240
vinyl chloride (75-01-4)
26
vinylidene chloride (75-35-4)
2.5
xylene (1330-20-7)
57
16.4
(b) A permit to emit toxic air pollutants shall be required
for any facility where all emission release points are unobstructed and
vertically oriented whose actual rate of emissions from all sources are
greater than any one of the following toxic air pollutant permitting emissions
rates:
Pollutant (CAS Number)
Carcinogens
lb/yr
Chronic Toxicants
lb/day
Acute Systemic Toxicants lb/hr
Acute Irritants
lb/hr
acetaldehyde (75-07-0)
28.43
acetic acid (64-19-7)
3.90
acrolein (107-02-8)
0.08
acrylonitrile (107-13-1)
1.3
1.05
ammonia (7664-41-7)
2.84
aniline (62-53-3)
1.05
arsenic and inorganic arsenic compounds
0.194
asbestos (1332-21-4)
7.748 x 10-3
aziridine (151-56-4)
0.3
benzene (71-43-2)
11.069
benzidine and salts (92-87-5)
1.384 x 10-3
benzo(a)pyrene (50-32-8)
3.044
benzyl chloride (100-44-7)
0.53
beryllium (7440-41-7)
0.378
beryllium chloride (7787-47-5)
0.378
beryllium fluoride (7787-49-7)
0.378
beryllium nitrate (13597-99-4)
0.378
bioavailable chromate pigments,
as chromium (VI) equivalent
0.008
bis-chloromethyl ether (542-88-1)
0.034
bromine (7726-95-6)
0.21
1,3-butadiene (106-99-0)
40.585
cadmium (7440-43-9)
0.507
cadmium acetate (543-90-8)
0.507
cadmium bromide (7789-42-6)
0.507
carbon disulfide (75-15-0)
7.8
carbon tetrachloride (56-23-5)
618.006
chlorine (7782-50-5)
1.6
0.95
chlorobenzene (108-90-7)
92.7
chloroform (67-66-3)
396.631
chloroprene (126-99-8)
18.5
3.69
cresol (1319-77-3)
2.32
p-dichlorobenzene (106-46-7)
69.50
dichlorodifluoromethane (75-71-8)
10445.4
dichlorofluoromethane (75-43-4)
21.1
di(2-ethylhexyl)phthalate (117-81-7)
1.3
dimethyl sulfate (77-78-1)
0.1
1,4-dioxane (123-91-1)
23.6
epichlorohydrin (106-89-8)
7655.891
ethyl acetate (141-78-6)
147.41
ethylenediamine (107-15-3)
12.6
2.63
ethylene dibromide (106-93-4)
36.896
ethylene dichloride (107-06-2)
350.511
ethylene glycol monoethyl ether (110-80-5)
5.1
2.00
ethylene oxide (75-21-8)
2.490
ethyl mercaptan (75-08-1)
0.11
fluorides
0.7
0.26
formaldehyde (50-00-0)
0.16
hexachlorocyclopentadiene (77-47-4)
2.5 x 10-2
0.01
hexachlorodibenzo-p-dioxin (57653- 85-7)
0.007
n-hexane (110-54-3)
46.3
hexane isomers except n-hexane
379.07
hydrazine (302-01-2)
2.5 x 10-2
hydrogen chloride (7647-01-0)
0.74
hydrogen cyanide (74-90-8)
5.9
1.16
hydrogen fluoride (7664-39-3)
1.3
0.26
hydrogen sulfide (7783-06-4)
5.1
maleic anhydride (108-31-6)
0.5
0.11
manganese and compounds
1.3
manganese cyclopentadienyl tricarbonyl (12079-65-1)
2.5 x 10-2
manganese tetroxide (1317-35-7)
0.3
mercury, alkyl
2.5 x 10-3
mercury, aryl and inorganic compounds
2.5 x 10-2
mercury, vapor (7439-97-6)
2.5 x 10-2
methyl chloroform (71-55-6)
505.4
257.98
methylene chloride (75-09-2)
2213.752
1.79
methyl ethyl ketone (78-93-3)
155.8
93.19
methyl isobutyl ketone (108-10-1)
107.8
31.59
methyl mercaptan (74-93-1)
0.05
nickel carbonyl (13463-39-3)
2.5 x 10-2
nickel metal (7440-02-0)
0.3
nickel, soluble compounds, as nickel
2.5 x 10-2
nickel subsulfide (12035-72-2)
0.194
nitric acid (7697-37-2)
1.05
nitrobenzene (98-95-3)
2.5
0.53
n-nitrosodimethylamine (62-75-9)
4.612
non-specific chromium (VI) compounds, as chromium (VI)
equivalent
0.008
pentachlorophenol (87-86-5)
0.1
0.03
perchloroethylene (127-18-4)
17525.534
phenol (108-95-2)
1.00
phosgene (75-44-5)
0.1
phosphine (7803-51-2)
0.14
polychlorinated biphenyls (1336-36- 3)
7.656
soluble chromate compounds, as chromium (VI) equivalent
2.6 x 10-2
styrene (100-42-5)
11.16
sulfuric acid (7664-93-9)
0.5
0.11
tetrachlorodibenzo-p-dioxin (1746- 01-6)
2.767 x 10-4
1,1,1,2-tetrachloro-2,2,-difluoroethane
(76-11-9)
2190.2
1,1,2,2-tetrachloro-1,2-difluoroethane
(76-12-0)
2190.2
1,1,2,2-tetrachloroethane (79-34-5)
581.110
toluene (108-88-3)
197.96
58.97
toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7)
isomers
8.4 x 10-3
trichloroethylene (79-01-6)
5442.140
trichlorofluoromethane (75-69-4)
589.66
1,1,2-trichloro-1,2,2-trifluoroethane
(76-13-1)
1000.32
vinyl chloride (75-01-4)
35.051
vinylidene chloride (75-35-4)
5.1
xylene (1330-20-7)
113.7
68.44
(c) For the following pollutants, the highest emissions
occurring for any 15-minute period shall be multiplied by four and the product
shall be compared to the value in Paragraph (a) or (b) as applicable. These pollutants
are:
(1) acetaldehyde (75-07-0);
(2) acetic acid (64-19-7);
(3) acrolein (107-02-8);
(4) ammonia (7664-41-7);
(5) bromine (7726-95-6);
(6) chlorine (7782-50-5);
(7) formaldehyde (50-00-0);
(8) hydrogen chloride (7647-01-0);
(9) hydrogen fluoride (7664-39-3); and
(10) nitric acid (7697-37-2).
History Note: Authority G.S. 143-215.3(a)(1);
143-215-107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2015; May 1, 2014; January 1, 2010;
June 1, 2008; April 1, 2005; February 1, 2005; April 1, 2001.
15A NCAC 02Q .0712 CALLS BY THE DIRECTOR
Notwithstanding any other provision of this Section or 15A
NCAC 2D .1104, upon a written finding that a source or facility emitting toxic
air pollutants presents an unacceptable risk to human health based on the acceptable
ambient levels in 15A NCAC 2D .1104 or epidemiology studies, the Director may
require the owner or operator of the source or facility to submit a permit
application to comply with 15A NCAC 2D .1100 for any or all of the toxic air
pollutants emitted from the facility.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998.
15A NCAC 02Q .0713 POLLUTANTS WITH OTHERWISE APPLICABLE
FEDERAL STANDARDS OR REQUIREMENTS
(a) This Rule applies to the establishment of emission
limitations or any other requirements pursuant to the requirements of this
Section or 15A NCAC 2D .1100 for which a standard or requirement has been
promulgated under Section 112 of the federal Clean Air Act including those
contained in 15A NCAC 2D .1110 and .1111.
(b) For each facility subject to emission standards or
requirements under Section 112 of the federal Clean Air Act, permits issued or
revised according to Section .0500 of this Subchapter shall contain specific
conditions that:
(1) reflect applicability criteria no less
stringent than those in the otherwise applicable federal standards or
requirements;
(2) require levels of control for each affected
facility and source no less stringent than those contained in the otherwise
applicable federal standards or requirements;
(3) require compliance and enforcement measures
for each facility and source no less stringent than those in the otherwise
applicable federal standards or requirements;
(4) express levels of control, compliance, and
enforcement measures in the same form and units of measure as the otherwise
applicable federal standards or requirements; and
(5) assure compliance by each affected facility
no later than would be required by the otherwise applicable federal standard or
requirement.
History Note: Authority G.S. 143-215.3(a)(1);
143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Eff. July 1, 1998.
15A NCAC 02Q .0714 WASTEWATER TREATMENT SYSTEMS AT PULP AND
PAPER MILLS
History Note: Authority G.S. 143-215.3(a)(1);
143-215.65; 143-215.66; 143B-282;
Eff. April 1, 2005;
Repealed Eff. May 1, 2014.
SECTION .0800 ‑ EXCLUSIONARY RULES
15A NCAC 02Q .0801 PURPOSE AND SCOPE
(a) The purpose of this Section is to define categories of
facilities that are exempted from needing a permit under Section .0500, Title V
Procedures, of this Subchapter or the applicability of 15A NCAC 2D .1111 or 40
CFR Part 63 by defining their potential emissions to be less than:
(1) 100 tons per year of each regulated air
pollutant;
(2) 10 tons per year of each hazardous air
pollutant; and
(3) 25 tons per year of all hazardous air
pollutants combined;
as determined by criteria set out in each individual source
category rule. [A particular maximum achievable control technology (MACT)
standard promulgated under 40 CFR Part 63 may have a lower applicability
threshold than those contained in this Paragraph. The threshold contained in
that MACT standard shall be used to determine the applicability of that MACT
standard]. Potential emissions of hazardous air pollutants limited through the
procedures of this Section may be used to determine the applicability of
specific requirements of 40 CFR Part 63 to a facility.
(b) Coverage under the rules of this Section is voluntary.
The owner or operator of a facility or source qualified to be covered under a
rule in this Section that does not want to be covered under that rule shall
notify the Director in writing that he does not want his facility covered under
this Section, and the Section shall no longer apply to that facility or source.
(c) A source cannot rely on emission limits or caps
contained in this Section to justify violation of any rate-based emission
limits or other applicable requirements.
(d) Although a facility is exempted, by complying with this
Section, from the permitting procedures contained in Section .0500, Title V Procedures,
of this Subchapter, or the applicability of 15A NCAC 2D .1111 or 40 CFR Part
63, it may still need a permit under Section .0300, Construction and Operation
Permit, of this Subchapter unless it is exempted from needing a permit by Rule
.0102 of this Subchapter.
(e) Except for gasoline service stations and dispensing
facilities and dry cleaning facilities, any facility or source not required to
have a permit under this Subchapter shall not be required to maintain records
and report emissions as required under this Section.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 1999.
15A NCAC 02Q .0802 GASOLINE SERVICE STATIONS AND DISPENSING
FACILITIES
(a) For the purpose of this Rule the following definitions
apply:
(1) "Gasoline dispensing facility"
means any site where gasoline is dispensed to motor vehicle gasoline tanks from
stationary storage tanks.
(2) "Gasoline service station" means
any gasoline dispensing facility where gasoline is sold to the motoring public
from stationary storage tanks.
(b) This Rule only applies to gasoline service stations and
gasoline dispensing facilities that are in compliance with 15A NCAC 2D .0928.
(c) Potential emissions for gasoline service stations and
gasoline dispensing facilities shall be determined using actual gasoline
throughput.
(d) Any gasoline service station or gasoline dispensing
facility that has an annual throughput, on a calendar month rolling average
basis, of less than 15,000,000 gallons shall be exempted from the requirements
of Section .0500 of this Subchapter.
(e) The owner or operator of any gasoline service station
or gasoline dispensing facility exempted by this Rule from Section .0500 of
this Subchapter shall submit a report containing the information described in
Paragraph (f) of this Rule if:
(1) annual throughput exceeds 10,000,000
gallons, by the end of the month following the month that throughput exceeds
10,000,000 gallons and every 12 months thereafter;
(2) annual throughput exceeds 13,000,000
gallons, by the end of the month following the month that throughput exceeds
13,000,0000 gallons and every six months thereafter; or
(3) annual throughput exceeds 15,000,000
gallons, by the end of the month following the month that throughput exceeds
15,000,000 gallons and shall submit a permit application pursuant to the
procedures in Section .0500 of this Subchapter.
(f) The report required under Paragraph (e) of this Rule
shall include:
(1) the name and location of the gasoline
service station or gasoline dispensing facility;
(2) the annual throughput of gasoline for each
of the 12-month periods ending on each month since the previous report was
submitted, including monthly gasoline throughput for each month required to
calculate the annual gasoline throughput for each 12-month period; and
(3) the signature of the appropriate official
as identified in Rule .0304(j) of this Subchapter certifying as to the truth
and accuracy of the report.
(g) The owner or operator of any gasoline service station
or gasoline dispensing facility exempted by this Rule from Section .0500 of
this Subchapter shall provide documentation of annual throughput to the
Director upon request. The owner or operator of any gasoline service station
or gasoline dispensing facility exempted by this Rule from Section .0500 of
this Subchapter shall retain records to document annual throughput for all
12-month periods during the previous three years.
(h) For facilities covered by this Rule, the owner or
operator shall report to the Director any exceedance of a requirement of this
Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995.
15a ncac 02q .0803 COATING, SOLVENT CLEANING, GRAPHIC ARTS
OPERATIONS
(a) For the purposes of this Rule, the following
definitions apply:
(1) "Coating operation" means a
process in which paints, enamels, lacquers, varnishes, inks, dyes, glues, and
other similar materials are applied to wood, paper, metal, plastic, textiles,
or other types of substrates.
(2) "Solvent cleaning operation"
means the use of solvents containing volatile organic compounds to clean soils
from metal, plastic, or other types of surfaces.
(3) "Graphic arts operation" means
the application of inks to form words, designs, or pictures to a substrate,
usually by a series of application rolls each with only partial coverage and
usually using letterpress, offset lithography, rotogravure, or flexographic
process.
(b) Potential emissions for a coating operation, solvent
cleaning operation, or graphic arts operation shall be determined using actual
emissions without accounting for any air pollution control devices to reduce
emissions of volatile organic compounds or hazardous air pollutants including
perchloroethylene, methyl chloroform, and methyl chloride from the coating
operation, solvent cleaning operation or graphic arts operation. All volatile
organic compounds and hazardous air pollutants that are also volatile organic
compounds and perchloroethylene, methyl chloroform, and methyl chloride are
assumed to evaporate and be emitted into the atmosphere at the source.
(c) Paragraphs (d) through (l) of this Rule do not apply to
any facility whose potential emissions are greater than or equal to:
(1) 100 tons per year of each regulated air
pollutant;
(2) 10 tons per year of each hazardous air
pollutant; or
(3) 25 tons per year of all hazardous air
pollutants combined;
as determined by criteria set out in each individual source
category rule. [A particular maximum achievable control technology (MACT)
standard promulgated under 40 CFR Part 63 may have a lower applicability
threshold than those contained in this Paragraph. The threshold contained in
that MACT standard shall be used to determine the applicability of that MACT
standard.]
(d) With the exception of Paragraph (c) of this Rule, the
owner or operator of a coating, solvent cleaning, or graphics arts operation
shall be exempted from the requirements of Section .0500 of this Subchapter,
provided the owner or operator of the facility complies with Paragraphs (f)
through (j) of this Rule, as appropriate.
(e) Only Paragraph (b) of this Rule applies to coating
operations, solvent cleaning operations, or graphic arts operations that are
exempted from needing a permit under Rule .0102 of this Subchapter.
(f) The owner or operator of a facility whose potential
emissions:
(1) of volatile organic compounds are less than
100 tons per year but more than or equal to 75 tons per year;
(2) of each hazardous air pollutant is less
than 10 tons per year but more than or equal to 7.5 tons per year; or
(3) of all hazardous air pollutants combined
are less than 25 tons per year but more than or equal to 18 tons per year;
shall maintain records and submit reports as described in
Paragraphs (g) and (j) of this Rule.
(g) For facilities covered under Paragraph (f) of this
Rule, the owner or operator shall:
(1) maintain monthly consumption records of
each material used containing volatile organic compounds as follows:
(A) quantity of volatile organic compound in pounds per
gallon of each material used,
(B) pounds of volatile organic compounds of each
material used per month and total pounds of volatile organic compounds of each
material used during the 12-month period ending on that month,
(C) quantity of each hazardous air pollutant in pounds
per gallon of each material used,
(D) pounds of each hazardous air pollutant of each
material used per month and total pounds of each hazardous air pollutant of
each material used during the 12-month period ending on that month,
(E) quantity of all hazardous air pollutants in pounds
per gallon of each material used, and
(F) pounds of all hazardous air pollutants of each
material used per month and total pounds of all hazardous air pollutants of
each material used during the 12-month period ending on that month; and
(2) submit to the Director each quarter, or
more frequently if required by a permit condition, a report summarizing emissions
of volatile organic compounds and hazardous air pollutants containing the
following:
(A) pounds volatile organic compounds used:
(i) for each month during the quarter, and
(ii) for each 12-month period ending on each month
during the quarter using the 12-month rolling average method;
(B) greatest quantity in pounds of an individual
hazardous air pollutant used:
(i) for each month during the quarter, and
(ii) for each 12-month period ending on each month
during the quarter using the 12-month rolling average method; and
(C) pounds of all hazardous air pollutants used:
(i) for each month during the quarter, and
(ii) for each 12-month period ending on each month
during the quarter using the 12-month rolling average method.
(h) The owner or operator of a facility whose potential
emissions:
(1) of volatile organic compounds are less than
75 tons per year,
(2) of each hazardous air pollutants is less
than 7.5 tons per year, and
(3) of all hazardous air pollutants combined
are less than 18 tons per year,
shall maintain records and submit reports as described in
Paragraphs (i) and (j) of this Rule.
(i) For facilities covered under Paragraph (h) of this
Rule, the owner or operator shall submit to the regional supervisors of the
appropriate Division regional office by March 1 of each year, or more
frequently if required by a permit condition, a report summarizing emissions of
volatile organic compounds and hazardous air pollutants containing the
following:
(1) pounds volatile organic compounds used
during the previous calendar year,
(2) pounds of the highest individual hazardous
air pollutant used during the previous year, and
(3) pounds of all hazardous air pollutants used
during the previous year.
(j) In addition to the specific reporting requirements for
sources covered under Paragraphs (f) and (h) of this Rule, the owner or
operator of the source shall:
(1) maintain purchase orders and invoices of
materials containing volatile organic compounds, which shall be made available
to the Director upon request to confirm the general accuracy of the reports
filed under Paragraphs (g) or (i) of this Rule regarding materials usage;
(2) retain purchase orders and invoices for a
period of at least three years;
(3) report to the Director any exceedance of a
requirement of this Rule within one week of occurrence; and
(4) certify all submittals as to the truth,
completeness, and accuracy of all information recorded and reported over the
signature of the appropriate official as identified in Rule .0304(j) of this
Subchapter.
(k) Copies of all records required to be maintained under
Paragraphs (g), (i) or (j) of this Rule shall be maintained at the facility and
shall be available for inspection by personnel of the Division on demand.
(l) The Director shall maintain a list of facilities
covered under this Rule.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; April 1, 1999.
15A NCAC 02Q .0804 DRY CLEANING FACILITIES
(a) For the purpose of this Rule, the following definitions
apply:
(1) "Dry cleaning facility" means an
establishment with one or more dry cleaning systems as defined under 40 CFR
63.321.
(2) "Perchloroethylene consumption"
means the total volume of perchloroethylene purchased based upon purchase
receipts or other reliable measures.
(b) Potential emissions for dry cleaning facilities shall
be determined using perchloroethylene consumption.
(c) Any dry cleaning facility that has a yearly
perchloroethylene consumption as determined under 40 CFR 63.323(d) of less than
10 tons shall be exempted from the requirements of Section .0500 of this
Subchapter.
(d) The owner or operator of a dry cleaning facility shall
report perchloroethylene consumption in accordance with 40 CFR 63.324.
(e) For facilities covered by this Rule, the owner or
operator shall report to the Director any exceedance of a requirement of this
Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995.
15a ncac 02q .0805 GRAIN ELEVATORS
(a) This Rule applies to grain elevators that only:
(1) receive grain directly from the farm; and
(2) clean, dry, grind, or store grain before it
is transported elsewhere.
(b) This Rule shall not apply to:
(1) facilities that process grain beyond
cleaning, drying, or grinding; or
(2) facilities that use:
(A) tunnel belts, or
(B) head houses and elevator legs vented to cyclonic
control devices.
(c) Potential emissions for grain elevators shall be
determined using actual tons of grain received or shipped, whichever is
greater.
(d) Any grain elevator that receives or ships less than
588,000 tons of grain per year shall be exempted from the requirements of
Section .0500 of this Subchapter.
(e) The owner or operator of a grain elevator that receives
or ships:
(1) less than 392,000 tons of grain per year
shall retain records of actual annual tons of grain received or shipped at the
site. These records shall be made available to Division personnel upon request
of the Division; or
(2) at least 392,000 but less than 588,000 tons
of grain per year shall retain records of actual annual tons of grain received
or shipped at the site and shall submit to the regional supervisor of the
appropriate Division regional office, by March 1 of each year, a report
containing the following information:
(A) the name and location of the grain elevator;
(B) the tons of grain received and shipped during the
previous calendar year; and
(C) the signature of the appropriate official as identified
in Rule .0304(j) of this Subchapter certifying as to the truth and accuracy of
the report.
(f) The owner or operator of the grain elevator exempted by
this Rule from Section .0500 of this Subchapter shall provide documentation of
actual annual tons of grain received or shipped to the Director upon request.
The owner or operator of a grain elevator exempted by this Rule from Section
.0500 of this Subchapter shall retain records to document actual annual tons of
grain received or shipped for each of the previous three years.
(g) For facilities covered by this Rule, the owner or
operator shall report to the Director any exceedance of a requirement of this
Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; July 1, 1998.
15A NCAC 02Q .0806 COTTON GINS
(a) Potential emissions for cotton gins shall be determined
using actual number of bales of cotton, not exceeding 500 pounds each,
produced.
(b) Any cotton gin that gins less than 167,000 bales of
cotton per year shall be exempted from the requirements of Section .0500 of
this Subchapter.
(c) The owner or operator of any cotton gin exempted by
this Rule from Section .0500 of this Subchapter shall submit to the regional
supervisor of the appropriate Division regional office by March 1 of each year,
a report containing the following information:
(1) the name and location of the cotton gin;
(2) the number of bales of cotton produced
during the previous year; and
(3) the signature of the appropriate official
as identified in Rule .0304(j) of this Subchapter certifying as to the truth
and accuracy of the report.
(d) The owner or operator of any cotton gin exempted by
this Rule from Section .0500 of this Subchapter shall provide documentation of
number of bales produced to the Director upon request. The owner or operator
of a cotton gin exempted by this Rule from Section .0500 of this Subchapter
shall retain records to document number of bales of cotton produced for each of
the previous three years.
(e) If the number of bales specified in Paragraph (b) of
this Rule are exceeded, the owner or operator shall report to the Director this
event within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. June 1, 2004;
April 1, 2001; July 1, 1998.
15A ncac 02q .0807 EMERGENCY GENERATORS
(a) This Rule applies to facilities whose only sources
requiring a permit is one or more emergency generators or emergency use
internal combustion engines and associated fuel storage tanks.
(b) For the purposes of this Rule:
(1) "Emergency generator" means a
stationary internal combustion engine used to generate electricity only during
the loss of primary power at the facility that is beyond the control of the
owner or operator of the facility or during maintenance when necessary to
protect the environment. An emergency generator may be operated periodically
to ensure that it will operate.
(2) "Emergency use internal combustion
engines" means stationary internal combustion engines used to drive pumps,
aerators, and other equipment only during the loss of primary power at the
facility that is beyond the control of the owner or operator of the facility or
during maintenance when necessary to protect the environment. An emergency use
internal combustion engine may be operated periodically to ensure that it will
operate.
(c) For the purposes of this Rule, potential emissions for
emergency generators and emergency use internal combustion engines shall be
determined using actual fuel consumption.
(d) Any facility whose emergency generators and emergency
use internal combustion engines consume less than:
(1) 322,000 gallons per year of diesel fuel for
diesel-powered generators;
(2) 62,500,000 cubic feet per year of natural
gas for natural gas-powered generators;
(3) 1,440,000 gallons per year of liquified
petroleum gas for liquified petroleum gas-powered generators; and
(4) 50,800 gallons per year of gasoline for
gasoline-powered generators,
shall be exempted from the requirements of Section .0500 of
this Subchapter.
(e) The owner or operator of any emergency generator or
emergency use internal combustion engine exempted by this Rule from Section
.0500 of this Subchapter shall submit to the regional supervisors of the
appropriate Division regional office by March 1 of each year a report
containing the following information:
(1) the name and location of the facility;
(2) the types and quantity of fuel consumed by
emergency generators and emergency use internal combustion engines; and
(3) the signature of the appropriate official
as identified in Rule .0304(j) of this Subchapter certifying as to the truth
and accuracy of the report.
(f) The owner or operator of any facility exempted by this
Rule from Section .0500 of this Subchapter shall provide documentation of types
and quantities of fuel consumed to the Director upon request. The owner or
operator of a facility exempted by this Rule from Section .0500 of this
Subchapter shall retain records to document types and quantities of fuels
consumed for each of the previous three years.
(g) For facilities covered by this Rule, the owner or
operator shall report to the Director any exceedance of a requirement of this
Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; July 1, 1998.
15A NCac 02q .0808 PEAK SHAVING GENERATORS
(a) This Rule applies to facilities whose only sources
requiring a permit is one or more peak shaving generators and their associated
fuel storage tanks.
(b) For the purpose of this Rule, potential emissions shall
be determined using actual total fuel consumption.
(c) Any facility whose total fuel consumption by one or
more peak shaving generators shall be exempted from the requirements of Section
.0500 of this Subchapter if the facility uses:
(1) natural gas burning turbine driven
generators that combust less than or equal to 5,625,000 therms per year;
(2) distillate oil burning turbine driven
generators that combust less than or equal to 1,496,000 gallons per year;
(3) combined fuel (natural gas and six percent
or more distillate oil) burning engine generators that combust less than or
equal to 633,320 therms natural gas and 24,330 gallons distillate oil per year;
or
(4) distillate oil burning engine driven
generators that combust less than or equal to 410,580 gallons per year.
(d) The owner or operator of any peak shaving generator
exempted by this Rule from Section .0500 of this Subchapter shall submit to the
regional supervisors of the appropriate Division regional office by March 1 of
each year a report containing the following information:
(1) the name and location of the facility;
(2) the number and size of all peak shaving
generators located at the facility;
(3) the total number of hours of operation of
all peak shaving generators located at the facility;
(4) the actual total amount of energy
production per year from all peak shaving generators located at the facility;
and
(5) the signature of the appropriate official
as identified in Rule .0304(j) of this Subchapter certifying as to the truth
and accuracy of the report.
(e) The owner or operator of any facility exempted by this
Rule from Section .0500 of this Subchapter shall provide documentation of
number, size, number of hours of operation, and amount and type of fuel burned
per calendar year from all peak shaving generators located at the facility to
the Director upon request. The owner or operator of a facility exempted by this
Rule from Section .0500 of this Subchapter shall retain records to document the
amount of total energy production per year for the previous three years.
(f) For facilities covered by this Rule, the owner or
operator shall report to the Director if the total fuel combusted by all peak
shaving generators located at the facility exceeds the applicable fuel limit in
Paragraph (c) of this Rule within one week of its occurrence that the facility
has exceeded the fuel consumption in Paragraph (c) of this Rule.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10);
143-215.108;
Eff. July 1, 1999;
Amended Eff. December 1, 2005; April 1, 2001.
15A NCAC 02Q .0809 CONCRETE BATCH PLANTS
(a) This Rule applies to concrete batch plants that use
fabric filters or equivalently effective control devices to control particulate
emissions from the storage silos and the weigh hopper that receives materials
from the cement and cement supplemental (mineral admixture) silos.
(b) For the purpose of this Rule, potential emissions shall
be determined using actual cubic yards of wet concrete produced.
(c) Any concrete batch plant that produces less than
1,210,000 cubic yards of wet concrete per year shall be exempted from the
requirements of Section .0500 of this Subchapter.
(d) The owner or operator of any concrete batch plant
exempted by this Rule from Section .0500 of this Subchapter shall submit to the
regional supervisors of the appropriate Division regional office by March 1 of
each year a report containing the following information:
(1) name and location of the concrete batch
plant;
(2) current air permit number;
(3) number of cubic yards of wet concrete
produced during the previous calendar year; and
(4) signature of the appropriate official as
identified in Rule .0304(j) of this Subchapter certifying as to the truth and
accuracy of the report.
(e) The owner or operator of any concrete batch plant
exempted by this Rule from Section .0500 of this Subchapter shall provide
documentation of the cubic yards of wet concrete produced to the Director upon
request. The owner or operator of a concrete batch plant exempted by this Rule
from Section .0500 of this Subchapter shall retain records to document the
cubic yards of wet concrete produced per year for the previous three years.
(f) For concrete batch plants covered by this Rule, the
owner or operator shall report to the Director any exceedance of a requirement
of this Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. June 1, 2004.
15A NCac 02q .0810 air curtain burners
(a) This Rule applies to facilities whose only sources
requiring a permit is one or more air curtain burners.
(b) Any facility whose air curtain burners combust less
than 8,100 tons of land clearing debris per year shall be exempted from the
requirements of Section .0500 of this Subchapter.
(c) The owner or operator of any air curtain burner
exempted by this Rule from Section .0500 of this Subchapter shall submit to the
regional supervisors of the appropriate Division regional office by March 1 of
each year a report containing the following information:
(1) the name and location of the facility;
(2) the quantity of material combusted during
the previous calendar year; and
(3) the signature of the appropriate official
as identified in Rule .0304(j) of this Subchapter certifying as to the truth
and accuracy of the report.
(d) The owner or operator of any facility exempted by this
Rule from Section .0500 of this Subchapter shall provide documentation of the
quantity of material combusted to the Director upon request. The owner or
operator of a facility exempted by this Rule from Section .0500 of this
Subchapter shall retain records to document the amount of material combusted
per year for the previous three years.
(e) For facilities covered by this Rule, the owner or
operator shall report to the Director any exceedance of a requirement of this
Rule within one week of its occurrence.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10);
143-215.108;
Eff. December 1, 2005.
SECTION .0900 – PERMIT EXEMPTIONS
15A NCAC 02Q .0901 PURPOSE AND SCOPE
(a) The purpose of this Section is to define categories of
facilities or sources that are exempted from needing a permit under Section
.0300 of this Subchapter.
(b) Sources at a facility required to have a permit under
Section .0500 of this Subchapter shall not be eligible for exemption under this
Section.
(c) This Section does not apply to activities exempted from
permitting under Rule .0102 of this Section.
(d) Coverage under this Section is voluntary. If the owner
or operator of a facility or source qualified to be covered under a rule in
this Section does not want to be covered under that rule, he shall notify the
Director in writing that he does not want his facility or source covered under
this Section. Along with the notification, he shall submit a permit application
according the procedures in Section .0300 of this Section, and the Director
shall act on that application following the procedures in Section .0300 of this
Subchapter.
(e) To quality for exemption under this Section, the
facility or source shall comply with all the requirements in the applicable
rule in this Section.
(f) If the Director finds that a facility or source covered
under this Section is in violation of the requirements of this Section, he
shall require that facility or source to be permitted under Section .0300 of
this Subchapter if necessary to obtain or maintain compliance.
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10);
143-215.108;
Eff. January 1, 2005.
15A NCAC 02Q .0902 TEMPORARY CRUSHERS
(a) For the purposes of this Rule, "temporary crusher"
means a crusher that will not be operated at any one facility or site for more
than 12 months.
(b) This Rule applies to any temporary crusher that:
(1) crushes no more than 300,000 tons at any
one facility or site;
(2) burns no more than 17,000 gallons of diesel
fuel at any one facility or site if it uses:
(A) a diesel-fired generator, or
(B) a diesel engine to drive the crusher;
(3) does not operate at a quarry that has an
air permit issued under this Subchapter;
(4) continuously uses water spray to control
emissions from the crusher; and
(5) does not operate at a facility that is
required to have a mining permit issued by the Division of Energy, Mineral, and
Land Resources.
(c) The owner or operator of a temporary crusher and any
associated generators shall comply with rules of Subchapter 02D .0510
(Particulates From Sand, Gravel, Or Crushed Stone Operations), .0516 (Sulfur
Dioxide Emissions From Combustion Sources), .0521 (Control Of Visible
Emissions), .0524 (New Source Performance Standards, 40 CFR Part 60, Subparts OOO
and IIII),.0535 (Excess Emissions Reporting And Malfunctions), .0540
(Particulates From Fugitive Non-Process Dust), and .1806 (control and prohibition
of odorous emissions).
(d) The owner or operator of a temporary crusher shall not
cause or allow any material to be produced, handled, transported, or stockpiled
so that the ambient air quality standards for particulate matter (PM2.5, PM10,
and total suspended particulate) are not exceeded beyond the property line.
(e) The owner or operator of a temporary crusher shall
maintain records of the amount of material crushed and the quantity of fuel
burned in the diesel-fired generator or engine so that the Division can
determine upon review of these records that the crusher qualifies to be covered
under this Rule.
(f) The owner or operator of a temporary crusher shall
label each crusher, hopper, feeder, screen, conveyor, elevator, and generator
with a permanent and unique identification number.
(g) If a source is covered under 15A NCAC 02D .0524 (40 CFR
Part 60, Subpart OOO), the owner or operator of a temporary crusher shall
submit to the Director notifications required under 15A NCAC 02D .0524 (40 CFR
Part 60, Subpart OOO).
(h) If the Director or his authorized representative
requests copies of notifications or testing records required under 15A NCAC 02D
.0524 (40 CFR Part 60, Subpart OOO), the owner or operator of a temporary
crusher shall submit the requested notifications or testing records within two
business days of such a request.
(i) If a source is covered under 15A NCAC 02D .0524 (40 CFR
Part 60, Subpart IIII), the owner or operator of a compression ignition
internal combustion engine (CI ICE) for a temporary crusher shall submit to the
Director notifications required under 15A NCAC 02D .0524 (40 CFR Part 60,
Subpart IIII).
(j) If the Director or his authorized representative
requests copies of notifications or testing records required under 15A NCAC 02D
.0524 (40 CFR Part 60, Subpart IIII), the owner or operator of a compression
ignition internal combustion engine (CI ICE) for temporary crusher shall submit
the requested notifications or testing records within two business days of such
a request.
(k) If the owner or operator of a crusher plans or has the
design potential to operate a crusher at a facility or site for more than
twelve months, he shall apply for and shall have received an air quality permit
issued under this Subchapter before beginning operations.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. January 1, 2005;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f));
January 1, 2009.
15A NCAC 02Q .0903 EMERGENCY GENERATORS
(a) For the purposes of this Rule, "emergency
generator" means a stationary internal combustion engine used to generate
electricity only during the loss of primary power at the facility that is
beyond the control of the owner or operator of the facility or during
maintenance. An emergency generator may be operated periodically to ensure that
it will operate.
(b) This Rule applies to emergency generators at a facility
whose only sources that would require a permit are emergency generators and
whose emergency generators consume less than:
(1) 322,000 gallons per calendar year of diesel
fuel,
(2) 48,000,000 cubic feet per calendar year of
natural gas,
(3) 1,200,000 gallons per calendar year of
liquified petroleum gas,
(4) 25,000 gallons per calendar year of
gasoline for gasoline-powered generators, or
(5) any combination of the fuels listed in this
Paragraph provided the facility-wide actual emissions of each regulated air
pollutant does not exceed 100 tons per calendar year.
(c) The owner or operator of emergency generators covered
under this Rule shall comply with .0516 (sulfur dioxide emissions from
combustion sources), .0521 (control of visible emissions), and .0524 (new
source performance standard).
(d) The owner or operator of an emergency generator covered
under this Rule shall maintain records of the amount of fuel burned in the
generator for each calendar year so that the Division can determine upon review
of these records that the emergency generator qualifies to be covered under
this Rule.
History Note: Authority G.S. 143-215.3(a);
143-215.107(a)(10); 143-215.108;
Eff. June 1, 2008.
