HomeMy WebLinkAboutAQ_F_0200089_20180710_PRMT_Permit ROY COOPER
Geverner
MICHAEL S. REGAN
Seavuiry
K, I a-
Air Quality MICHAEL A. ABRACZINSKAS
ENVIRONMENTAL QUALITY Director
July 14,2418
Mr.Clyde Goble
President
Royale Comfort Seating,Inc.—Plant No. 1
141 Alspaugh Dam Road
Taylorsville,NC 28681
SUBJECT: Air Quality Permit No. 08939Td4
Facility ID: 4204489
Royale Comfort Seating,Inc.—Plant No. 1
Taylorsville
Alexander County
Fee Class: Title V
PSD Class:Minor
Dear Mr.Goble:
In accordance with your completed Air Quality Permit Application for a First time Title V permit
received on March 12,2418,we are forwarding herewith Air Quality Permit No.08939Td4 to Royale Comfort
Seating,Inc.—Plant No. 1, 141 Alspaugh Dam Road Taylorsville,North Carolina authorizing the construction
and operation, of the emission source(s) and associated air pollution control device(s) specified herein.
Additionally, any emissions activities determined from your Air Quality Permit Application as being
insignificant per 15A North Carolina Administrative Code 02Q .0503(8)have been listed for informational
purposes as an"ATTACHMENT." Please note the requirements for the annual compliance certification are
contained in General Condition P in Section 3.The current owner is responsible for submitting a compliance
certification for the entire year regardless of who owned the facility during the year.
As the designated responsible official it is your responsibility to review,understand,and abide by all
of the terms and conditions of the attached permit. It is also your responsibility to ensure that any person who
operates any emission source and associated air pollution control device subject to any term or condition of
the attached permit reviews, understands, and abides by the condition(s) of the attached permit that are
applicable to that particular emission source.
If any parts,requirements,or limitations contained in this Air Quality Permit are unacceptable to you,
you have the right to request a formal adjudicatory hearing within 34 days following receipt of this permit,
identifying the specific issues to be contested. This hearing request must be in the form of a written petition,
conforming to NCGS (North Carolina General Statutes) 15OB-23, and filed with both the Office of
Administrative Hearings,6714 Mail Service Center,Raleigh,North Carolina 27699-6714 and the Division of
Air Quality, Permitting Section, 1641 Mail Service Center,Raleigh,North Carolina 27699-1641, The form
for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative
Hearings. Please note that this permit will be stayed in its entirety upon receipt of the request for a hearing.
Unless a request for a hearing is made pursuant to NCGS 150B-23, this Air Quality Permit shall be final and
binding 30 days after issuance.
State of North Carolina I EnHronmentai Quality I Air Quaflty
217 W.Jones Street!1641 Mall Service Center I Raleigh,North Carolina 2769y-1641
919 707 8a00
Mr. Clyde Goble
July 10,2018
Page 2
You may request modification of your Air Quality Permit through informal means pursuant to NCGS
15013-22. This request must be submitted in writing to the Director and must identify the specific provisions
or issues for which the modification is sought. Please note that this Air Quality Permit will become final and
binding regardless of a request for informal modification unless a request for a hearing is also made under
NCGS 15013-23.
The construction of new air pollution emission source(s) and associated air pollution control
device(s), or modifications to the emission source(s) and air pollution control device(s) described in this
permit must be covered under an Air Quality Permit issued by the Division of Air Quality prior to construction
unless the Perrnittee has Fulfilled the requirements of NCGS 143-215.108A(b)and received written approval
from the Director of the Division of Air Quality to continence construction.Failure to receive an Air Quality
Permit or written approval prior to commencing construction is a.violation of NCGS 143-215.108A and may
subject the Permiee to civil or criminal penalties as described in NCGS 143-215.114A and 143-215,114B.
Alexander County has triggered increment tracking under PSD for S02.However,this permit does
not consume or expand increments for any pollutants.
This Air Quality Permit shall be effective from July 10, 2018 until June 30, 2023, is
nontransferable to future owners and operators, and shall be subject to the conditions and limitations as
specified therein_
Sho,ild you have any questions concerning this matter,please contact tlrva Patel at(919)707-8405
and Urva.Patel g r rzcdenr.�ov.
Sincerely yours,
William D.Willets,P.E.,Chief Permitting Section
Division of Air Quality,NCDEQ
Enclosure
c: Heather Ceron,EPA Region 4
Mooresville Regional Office
Central Files
Connie Horne(cover letter only)
Mr. Clyde Goble
July 10,2018
Page 3
Summary of Changes to Permit
The following changes were made w the Royale Comfort Seating Inc.-Plant No. I.Air Permit No.08939R03:
Page No. Section Description of Changes
Cover Letter NIA • Update cover letter with application number,permit
numbers,dates,fee class,PSD increment statement,and
Director name.
Permit Cover NIA • Insert new issuance and complete application date,
application number,facility information.
3-14 Section 2 and . Updating regulation references from"213"and"2Q"to
Section 3 "0213"and"02Q"to be consistent with regulation
nomenclature.
4 2.1 A.3 ■ Removal of permit condition and renumbered the
remainin Ll conditions accordingly.
556 2.1 A.6 . Removal of permit condition as per filing of First-time Title
2.1 A.7 V permit application and renumbered the remaining
2.1 A-8 conditions accordingly.
2.1 A.9
6 Section 3 ■ Section was revised from v.5.1 to current shell version 5.2
(04/03/2018).
• References to DENR were revised to DEQ
State of North Carolina
Department of Environmental Quality
Division of Air Quality
AIR QUALITY PERMIT
Permit No. Replaces Permit No.(s) Effective Date Expiration Date
08939Ta4 08939R03 July 10, 2018 June 30, 2023
Until such time as this permit expires or is modified or revoked,the below named Permittee is permitted to construct and operate
the emission source(s) and associated air pollution control device(s) specified herein, in accordance with the terms, conditions,
and limitations within this permit. This permit is issued under the provisions of Article 21B of Chapter 143,General Statutes of
North Carolina as amended,and Title 15A North Carolina Administrative Codes(15A NCAC), Subchapters 02D and 02Q,and
other applicable Laws.
Pursuant to Title 15A NCAC,Subchapter 02Q,the Pennittee shall not construct,operate,or modify any emission source(s)or air
pollution control device(s)without having first submitted a complete Air Quality Permit Application to the permitting authority
and received an Air Quality Permit,except as provided in this permit.
Permittee: Royale Comfort Seating, Inc. — Plant No. I
Facility ID: 0200089
Facility Site Location: 141 Alspaugh Dam Road
City, County,State,Zip: Taylorsville,Alexander County,North Carolina,28681
Mailing Address: P. o.Box 235,Alspaugh Dam Road
City, State,Zip: Taylorsville,North Carolina,28681
Application Numher: 0200089.18A
Complete Application Date: March 12,2018
Primary SIC Code: 3086
Division of Air Quality, Mooresville Regional office
Regional office Address: 610 East Center Ave.
Mooresville,North Carolina,28115
Permit issued this the I V day of July, 2018
William D. Willets, P.E., Chief, Air Permitting Section
By Authority of the Environmental Management Commission
Table of Contents
SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED
AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES
SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS
2.1 Emission Source(s) Specific Limitations and Conditions(Including specific requirements,testing,
monitoring,recordkeeping,and reporting requirements)
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
List of Acronyms
Air Quality Permit No. 08939T04
Page 3
SECTION 1- PERMITTED EMISSION SOURCE (S) AND ASSOCIATED AIR
POLLUTION CONTROL DEVICE (S) AND APPURTENANCES
The following table contains a summ la of all permitted emission sources and associated air pollution control devices and an.ortenanm-.
Emission Control
Source Device
Page Nos. ID No. Emission Source Description ID No. Control Device Description
3 ES-2 Foam Fabrication Process NIA NIA
consisting of Glue Spraying
Operation
SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS
2.1 Emission Source(s) and Control Devices(s) Specific Limitations and Conditions
The emission source(s)and associated air pollution control device(s)and appurtenances listed below are subject to the following
specific terms,conditions,and limitations,including the testing,monitoring,recordkeeping,and reporting requirements as
specified herein:
A. Foam Fabrication Process consisting of Glue Spraying Operation(ID No. ES-2)
The followin,table provides a summan of limits and standards for the emission source(s 3 described above:
Regulated Limits/Standards Applicable Regulation
Pollutant
Particulate Matter For P E=30 tonsllu 15A NCAC 02D.0515
E=4.1000,67
For P>30 tons/hr
E=E=55xP°11-40
Where:E=allowable emission rate in pounds per hour
P=process weight in tons per hour
Visible Emissions 20 percent opacity 15A NCAC 02D.0521
Odors State-enforceable only 15A NCAC 02D.1806
Volatile organic Less than 250 tans per year 15A NCAC 02Q.0317
compounds
1. 15A NCAC 02D.QS1S:PARTICULATES FROM MISCELLANEOUS JLNDUSTRAIL PROCESSES
a. Emissions of particulate matter from this source (ID No. ES-2) shall not exceed an allowable emission rate as
calculated by the following equation:
E=4.10 x PO-61 (for process rates less than or equal to 30 tons per hour),or
E=55.0 x P1•11 -40 (for process rates greater than 30 tons per hour)
Where E=allowable emission rate in pounds per hour
P=process weight in tons per hour
Liquid and gaseous fuels and combustion air are not considered as part of the process weight.
Air Quality Permit No_08939TQ4
Page 4
Testing[15A NCAC 02Q.0508(f)]
b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results
of this test are above the limit given in Section 2.1 A.l.a above,the Permittee shall be deemed in noncompliance with
15A NCAC 02D .0515.
Monitoring/RecordkeepinelRepnrtin [15ANCAC 02Q.0508(f)]
c. The Permittee shall maintain production records such that the process rates "I"' in tons per hour, as specified by the
formulas contained above can be derived,and shall make these records available to a DAQ authorized representative
upon request.The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0515 if the production records
are not maintained or the types of materials and Finishes are not monitored.
d. No reporting is required for particulate emissions from this source(ID No.ES-2).
2. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS
a. Visible emissions from this source (ID No.ES-2) shall not be more than 20 percent opacity when averaged over a
six-minute period. However, six-minute averaging periods may exceed 20 percent not more than once in any hour
and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent
opaci ty.
Testing[15A NCAC 02Q.0508(f)]
b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. IFthe results
of this test are above the limit given in Section 2.1 A.2.a above,the Permittee shall be deemed in noncompliance with
15A NCAC 02D.0521.
Monitoring[15A NCAC 02Q,0508(f)]
c. i. To ensure compliance,once a month the Permittee shall observe the emission points of this source(ID No.ES-
2)for any visible emissions above normal. The monthly observation must be made For each month of the calendar
year period to ensure compliance with this requirement. If visible emissions from this source is observed to be
above normal,the Permittee shall either:
(A) take appropriate action to correct the above-normal emissions as soon as practicable and within the
monitoring period and record the action taken as provided in the recordkeeping requirements below,or
(B) demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A
NCAC 02D.2b10(Method 9)for 12 minutes is below the limit given in Section 2.1 A,2.a above.
1 The Permittee shall be deemed to be in noncompliance with 15A NCAC 02D .0521 if
(A) the above-normal emissions are not corrected per c.i.(A)above;
(B) the demonstration in c.i.(B)above cannot be made;
(C) the monthly observations are not conducted per c.i above;or
Recordkeeping [I5A NCAC 02Q.0508(f)]
d. The results of the monitoring shall be maintained in a logbook(written or electronic format)on-site and made available
to an authorized representative upon request. The logbook shall record the following:
i. the date and time of each recorded action;
ii. the results of each observation and/or test noting those sources with emissions that were observed to be in
noncompliance along with any corrective actions taken to reduce visible emissions;and
iii. the results of any corrective actions performed.
The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0521 if these records are not maintained.
Reporting[I5A NCAC 02Q.0508(f)]
e. The Permittee shall submit a summary report of the monitoring and recordkeeping activities given in Sections 2.1
A.2.c and d above postmarked on or before January 30 of each calendar year for the preceding six-month period
between July and December and July 30 of each calendar year for the preceding six-month period between January
and June. All instauces of deviations from the requirements of this permit must be clearly identified.
State-enforceahle onl,
3. 15A NCAC 02D.1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
The Permittee shall not operate the facility without implementing management practices or installing and operating odor
control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable
odors beyond the facility's boundary.
Air Quality Permit No. 08939TO4
Page 5
4. 15A NCAC 02Q.0317:AVOIDANCE CONDITION
for 15A NCAC 02D.0530: PREVENTION OF SIGNIFICANT DETERIORATION
a. In order to avoid applicability of this regulation,the volatile organic compound(VOC)emissions from this source(ID
No.ES-1)shall be less than 250 tons per consecutive 12-month period.
Monitoring/Recordkeenine[15A NCAC 02D.0605(b)]
b. Calculations of VOC emissions per month shall be made at the end of each month. VOC emissions shall be determined
by multiplying the total amount of each type of VOC-containing material consumed during the month by the VOC
content of the material.
c. Calculations and the total amount of VOC emissions shall be recorded monthly in a logbook(written or electronic
format).
Reporting [15A NCAC 02D.0605(b)]
d. The Permittee shall submit a semi-annual summary report, acceptable to the Regional Air Quality Supervisor, of
monitoring and recordkeeping activities given in Sections 2.1 A.4.b and c above postmarked on or before January 30
of each calendar year for the preceding six-month period between July and December,and July 30 of each calendar
year for the preceding six-month period between January and June. The report shall contain the monthly VOC
emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the
previous 17 months.
Air Quality Pertnit No. 08939TO4
Page 6
SECTION 3 - GENERAL CONDITIONS (version 5.2,04/03/2018)
This section describes terms and conditions applicable to this Tide V facility.
A. General Provisions[NCGS 143-215 and 15A NCAC 02Q.0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 02D
and 02Q.
2. The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding and enforceable
pursuant to NCGS 143-215.114A and 143-215.114B, including assessment of civil and/or criminal penalties. Any
unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement
action by the DAQ.
3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the
facility which are not addressed in this permit.
4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare,animal or plant
life,or property caused by the construction or operation of this permitted facility,or from penalties therefore,nor does it
allow the Permittce to cause pollution in contravention of state laws or rules,unless specifically authorized by an order
from the North Carolina Environmental Management Commission.
5. Except as identified as state-only requirements in this permit, all teens and conditions contained herein shall be
enforceable by the DAQ,the EPA,and citizens of the United States as defined in the Federal Clean Air Act.
6. Any stationary source of air pollution shall not he operated,maintained,or modified without the appropriate and valid
permits issued by the DAQ, unless the source is exempted by rule. The DAQ may issue a permit only after it receives
reasonable assurance that the installation will not cause air pollution in violation of any of the applicable requirements.
A permitted installation may only be operated, maintained, constructed, expanded, or modified in a manner that is
consistent with the terms of this permit.
B. Permit Availabilit% [15A NCAC 02Q.0507(k)and.0508(i)(9)(B)]
The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of the permit term one
complete copy of the application and any information submitted in support of the application package. The permit and
application shall be made available to an authorized representative of Department of Environmental Quality upon request.
C. Severabilit►•Clause[15A NCAC 02Q.0508(i)(2)]
In the event of an administrative challenge to a final and binding permit in which a condition is held to he invalid, the
provisions in this permit are severable so that all requirements contained in the permit,except those held to be invalid,shall
remain valid and roust be complied with,
D. Submissions[15A NCAC 02Q.0507(e)and 02Q,0508(i)(16)]
Except as otherwise specified herein, two copies of all documents,reports,test data,monitoring data, notifications,request
for renewal,and any other information required by this permit shall be submitted to the appropriate Regional Office. Refer
to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems (GEMS)
reports,continuous opacity monitoring systems(COMS)reports,quality assurance(QA)/quality control(QC)reports, acid
rain CEM certification reports,and NOx budget CEM certification reports,one copy shall be sent to the appropriate Regional
Office and are copy shall be sent to:
Supervisor,Stationary Source Compliance
North Carolina Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641
All submittals shall include the facility name and Facility ID number(refer to the cover page of this permit).
E. Duty to Comply[15A NCAC 02Q.0508(i)(3)]
The Permvtree shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit.
Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation of
the Federal Clean Air Act, Noncompliance with any permit condition is grounds for enforcement action, for permit
termination,revocation and reissuance,or modification,or for denial of a permit renewal application.
Air Quality Permit No. 08939T04
Page 7
F. Circumvention-STATE ENFORCEABLE ONLY
The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air
-pollution. Unless otherwise specified by this permit,no emission source may be operated without the concurrent operation
of its associated air pollution control device(s)and appurtenances.
G. Permit Modifications
1. Administrative Permit Amendments[15A NCAC 02Q.0514]
The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 02Q
.0514.
2. Transfer in Ownership or Operation and Application Submittal Content[15A NCAC 02Q.0524 and 02Q.0505]
The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 02Q.0524 and 02Q
.0505.
3. Minor Permit Modifications 115A NCAC 02Q.0515]
The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 02Q.0515.
4. Significant Permit Modifications[15A NCAC 02Q.0515]
The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 02Q
.0516.
5. Reopening for Cause[15A NCAC 02Q.0517]
The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 02Q.0517.
H. Changes Not Requiring Permit Modifications
1. Reporting Requirements
Any of the following that would result in new or increased emissions from the emission source(s)listed in Section 1 must
be reported to the Regional Supervisor,DAQ:
a. changes in the information submitted in the application;
b. changes that modify equipment or processes;or
c. changes in the quantity or quality of materials processed.
If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit
conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations
specified herein.
2. Section 502(b)(10)Changes[I5A NCAC 02Q.0523(a)]
a. "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.
b. The Permittee may make Section 502(b)(10)changes without having the permit revised if
i. the changes are not a modification under Title I of the Federal Clean Air Act;
ii. the changes do not cause the allowable emissions under the permit to be exceeded;
iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is
made;and
iv. the Permittee shall attach the notice to the relevant permit.
c. The written notification shall include:
i. a description of the change;
ii. the date on which the change will occur;
iii. any change in emissions;and
iv. any permit term or condition that is no longer applicable as a result of the change.
d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised or renewed,whichever
comes first.
3. Off Permit Changes[I5A NCAC 02Q.0523(b)]
The Permittee may make changes in the operation or emissions without revising the permit if
a. the change affects only insignificant activities and the activities remain insignificant after the change;or
b. the change is not covered under any applicable requiremcnt.
4. Emissions Trading[I5A NCAC 02Q.0523(c)]
To the extent that emissions trading is allowed under 15A NCAC 02D, including subsequently adopted maximum
achievable conrrol technology standards, emissions trading shall be allowed without permit revision pursuant to 15A
NCAC 02Q.0523(c).
Air Quality Permit No.08939Ta4
Page 8
LA Reportine Requirements for Excess Emissions and Permit Deviations[15A NCAC 02D.0535(f)and 02Q.0508(f)(2)]
"Excess Emissions"-means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule
in Sections .0500, .0900, .1200, or .1400 of Subchapter 02D; or by a permit condition; or that exceeds an emission limit
established in a permit issued under 15A NCAC 02Q .0700. (Note:Definitions of excess emissions under 02D.1110 and
02D.1111 shall apply where defined by rule.)
"Deviations"'-for the purposes of this condition,any action or condition not in accordance with the terms and conditions of
this permit including those attributable to upset conditions as well as excess emissions as defined above lasting less than four
hours.
Excess Emissions
1. If a source is required to report excess emissions under NSPS(15A NCAC 02D .0524),NESHAPS(15A NCAC 02D
.1110 or.1111), or the operating permit provides for periodic(e.g.,quarterly)reporting of excess emissions,reporting
shall be performed as prescribed therein_
2. If the source is not subject to NSPS (15A NCAC 02D .0524),NESHAPS (15A NCAC 02D .1110 or.I 111),or these
rules do NOT define"excess emissions,"the Permittee shall report excess emissions in accordance with 15A NCAC 02D
.0535 as follows:
a. Pursuant to 15A NCAC 02D.0535,if excess emissions last for more than four hours resulting from a malfunction,
a breakdown of process or control equipment,or any other abnormal condition,the owner or operator shall:
i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m,Eastern Time of the Division's
next business day of becoming aware of the occurrence and provide:
• name and location of the facility;
• nature and cause of the malfunction or breakdown;
• time when the malfunction or breakdown is fast observed;
• expected duration;and
• estimated rate of emissions;
ii. notify the Regional Supervisor or Director immediately when corrective measures have been accomplished;and
iii. submit to the Regional Supervisor or Director within 15 days a written report as described in 15A NCAC 02D
.0535(f)(3).
Permit Deviations
3. Pursuant to 15A NCAC 02Q .0508(f)(2), the Permittee shall report deviations from permit requirements (terms and
conditions)as follows:
a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A
NCAC 02D .0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of such
deviation and any corrective actions or preventative actions taken. The responsible official shall certify all deviations
from permit requirements.
LB Other Requirements under 15A NCAC 02D.0535
The Permittee shall comply with all other applicable requirements contained in 15A NCAC 02D.0535,including 15A NCAC
02D.0535(c)as follows:
1. Any excess emissions that do not occur during start-up and shut-down shall be considered a violation of the appropriate
rule unless the owner or operator of the sources demonstrates to the Director, that the excess emissions are a result of a
malfunction. The Director shall consider,along with any other pertinent information,the criteria contained in 15A NCAC
02D.0535(c)(1)through(7).
2. 15A NCAC 02D .0535(g). Excess emissions during start-up and shut-down shall be considered a violation of the
appropriate rule if the owner or operator cannot demonstrate that excess emissions are unavoidable.
I. Emery,enc► Provisions[40 CFR 70.6(g)]
The Permittee shall be subject to the following provisions with respect to emergencies:
1. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the
facility,including acts of God,which situation requires immediate corrective action to restore normal operation,and that
causes the facility to exceed a technology-based emission limitation under the permit,due to unavoidable increases in
emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by
improperly designed equipment,lack of preventive maintenance,careless or improper operation,or operator error.
2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based
emission limitations if the conditions specified in 3.below are met.
Air Quality Permit No. 08939TO4
Page 9
3. The affirmative defense of emergency shall be demonstrated through properly signed contemporaneous operating logs
or other relevant evidence that include information as follows:
a. an emergency occurred and the Permittee can identify the cause(s)of the emergency;
b. the permitted facility was at the time being properly operated;
c. during the period of the emergency the Permittee took all reasonable steps to minimize levels of emissions that
exceeded the standards or other requirements in the permit;and
d. the Permittee submitted notice of the emergency to the DAQ within two working days of the time when emission
limitations were exceeded due to the emergency. This notice must contain a description of the emergency, steps
taken to mitigate emissions,and corrective actions taken.
4. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an emergency has the burden of
proof.
5. This provision is in addition to any emergency or upset provision contained in any applicable requirement specified
elsewhere herein.
K. Permit Renewal[15A NCAC 02Q,0508(e)and 02Q.0513(b)]
This 15A NCAC 02Q .0500 permit is issued for a fixed term not to exceed five years and shall expire at the end of its
term. Permit expiration terminates the facility's right to operate unless a complete 15A NCAC 02Q.0500 renewal application
is submitted at least six months before the date of permit expiration. If the Permittee or applicant has complied with 15A
NCAC 02Q.0512(b)(1),this 15A NCAC 02Q.0500 permit shall not expire until the renewal permit has been issued or denied.
Permit expiration under 15A NCAC 02Q.0400 terminates the facility's right to operate unless a complete 15A NCAC 02Q
.0400 renewal application is submitted at least six months before the date of permit expiration for facilities subject to 15A
NCAC 02Q.0400 requirements. In either of these events,all terms and conditions of these permits shall remain in effect until
the renewal permits have been issued or denied.
L. Need to Halt or Reduce Activit►•Not a Defense[I5A NCAC 02Q.0508(i)(4)]
It shall not be a defense for a Permittee 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 this permit.
M. Duli to Provide Information(submittal of information)[15A NCAC 02Q.0508(i)(9)]
1. The Permittee shall furnish to the DAQ,in a timely manner,any reasonable information that the Director may request in
writine to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to
determine compliance with the permit.
2. The Permittee shall furnish the DAQ 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 the EPA
upon request along with a claim of confidentiality.
N. Duty to Supplement[15A NCAC 02Q.0507(f)]
The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit
application,shall promptly submit such supplementary bets or corrected information to the DAQ. The Permittee shall also
provide additional information as necessary to address any requirement that becomes applicable to the facility after the date
a complete permit application was submitted but prior to the release of the draft permit.
0. Retention of Records[15A NCAC 02Q.0508(t)and 02Q.0508(1)]
The Permittee shall retain records of all required monitoring data and supporting information for a period of at least five years
from the date of the monitoring sample,measurement,report,or application. Supporting information includes all calibration
and maintenance records and all original strip-chart recordings for continuous monitoring information, and copies of all
reports required by the permit. These records shall be maintained in a form suitable and readily available for expeditious
inspection and review. Any records required by the conditions ofthis permit shall be kept on site and made available to DAQ
personnel for inspection upon request
P. Compliance Certification[15A NCAC 02Q.0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsytb Street
SW,Atlanta,GA 30303)postmarked on or before March 1 a compliance certification(for the preceding calendar year)by a
responsible official with all federally-enforceable terms and conditions in the permit, including emissions limitations,
standards,or work practices. It shall be the responsibility of the current owner to submit a compliance certifcation for the
entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional
Air Quality Permit No.08939T04
Page 10
requiremems as may be specified under Sections 114f a)(3) or 504(b) of the Federal Clean Air Act. The compliance
certification shall specify:
1. the identification of each term or condition of the permit that is the basis of the certification;
2. the compliance status(with the terms and conditions of the permit for the period covered by the certification);
3. whether compliance was continuous or intermittent;and
4. the method(s)used for determining the compliance status of the source during the certification period.
Q. Certification b►•Responsible Official[15A NCAC 02Q.0520]
A responsible official shall certify the truth, accuracy, and completeness of any application form, report, or compliance
certification required by this permit. All certifications shall state that based on information and belief formed after reasonable
inquiry,the statements and information in the document are true,accurate,and complete.
R. Permit Shield for Applicable Requirements[15A NCAC 02Q.0512]
1. Compliance with the terms and conditions of this permit shall be deemed compliance with applicable requirements,
where such applicable requirements are included and specifically identified in the permit as of the date ofpermit issuance.
2. A permit shield shall not alter or affect:
a. the power of the Commission, Secretary of the Department, or Governor under NCGS 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 the EPA under Section 114 of the Federal Clean Air Act to obtain information to
determine compliance of the facility with its permit_
3. A permit shield does not apply to any change made at a facility that does not require a permit or permit revision made
under 15ANCAC 02Q.0523.
4. A permit shield does not extend to minor permit modifications made under 15A NCAC 02Q .0515.
S. Termination.Modification,and Revocation of the Permit[15A NCAC 02Q.0519]
The Director may terminate,modify,or revoke and reissue this permit if:
l. 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 EPA requests that the permit be revoked under 40 CFR 70.7(g)or 70.8(d);or
5. the Director finds that termination,modification,or revocation and reissuance of the permit is necessary to carry out the
purpose of NCGS Chapter 143,Article 21B.
T. Insignificant Activities[15A NCAC 02Q.0503]
Because an emission source or activity is insignificant does not mean that the emission source or activity is exempted from
any applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any
applicable requirement. The Permittee shall have available at the facility at all times and made available to an authorized
representative upon request, documentation,including calculations, if necessary,to demonstrate that an emission source or
activity is insignificant.
U. Prouerty Rights[15A NCAC 02Q.0508(i)(8)]
This permit does not convey any property rights in either real or personal property or any exclusive privileges.
V. Inspection and Entn [15A NCAC 02Q.0508(l)and NCGS 143-215.3(a)(2)]
1. Upon presentation of credentials and other documents as may be required by law,the Pemdttee shall allow the DAQ,or
an authorized representative,to perform the following:
a. 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;
b. have access to and copy,at reasonable times,any records that are required to be kept under the conditions of the
permit;
c. 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
d. 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.
Air Quality Permit No.08939T04
Page I l
Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the Permittee under Section
114 or other provisions of the Federal Clean Air Act.
2. No person shall refuse entry or access to any authorized representative of the DAQ who requests entry for purposes of
inspection,and who presents appropriate credentials,nor shall any person obstruct,hamper, or interfere with any such
authorized representative while in the process of carrying out his official duties. Refusal of entry or access may constitute
grounds for permit revocation and assessment of civil penalties.
W. Annual Fee Payment[15A NCAC 02Q.0508(i)(10)]
1. The Permittee shall pay all fees in accordance with 15A NCAC 02Q.0200.
2. Payment of fees may be by check or money order made payable to the N.C. Department of Environmental Quality.
Annual permit fee payments shall refer to the permit number.
3. If,within 30 days after being billed,the Permittee fails to pay an annual fee,the Director may initiate action to terminate
the permit under 15A NCAC 02Q.0519.
X. Annual Emission Inventory Requirements[15A NCAC 02Q.0207]
The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 02Q
.0207(a)from each emission source within the facility during the previous calendar year. The report shall be in or on such
form as may be established by the Director. The accuracy of the report shall be certified by a responsible official of the
facility.
Y. Confidential Information[l5ANCAC 02Q.0107 and 02Q.0508(i)(9)]
Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC 02Q .0107, the
Permittee may also submit a copy of all such information and claim directly to the EPA upon request. All requests for
confidentiality must be in accordance with 15A NCAC 02Q.0107.
Z. Construction and Operation Permits[15A NCAC 02Q.0100 and.0300]
A construction and operating permit shall be obtained by the Pernittee for any proposed new or modified facility or emission
source which is not exempted from having a permit prior to the beginning of construction or modification,in accordance with
all applicable provisions of 15A NCAC 02Q.0100 and.0300.
A.A. Standard Application)Norm and Required Information[15A NCAC 02Q.0505 and.0507]
The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 02Q.0505
and.0507.
BB. Financial Responsibility and Compliance Histori [15A NCAC 02Q.0507(d)(4)]
The DAQ may require an applicant to submit a statement of financial qualifications and/or a statement of substantial
compliance history.
CC. Refri erant Reciuirements Stratos heric Ozone and Climate Protection [15A NCAC 02Q.0501(e)]
1. If the Pennittee has appliances or refrigeration equipment,including air conditioning equipment,which use Class I or lI
ozone-depleting substances such as chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40 CFR
Part 82 Subpart A Appendices A and B,the Permittee shall service,repair,and maintain such equipment according to
the work practices,personnel certification requirements,and certified recycling and recovery equipment specified in 40
CFR Part 82 Subpart F.
2. The Permittee shall not knowingly vent or otherwise release any Class I or It substance into the environment during the
repair,servicing,maintenance,or disposal of any such device except as provided in 40 CFR Part 82 Subpart F.
3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR 82.166. Reports shall be
submitted to the EPA or its designee as required.
DD. Prevention of Accidental Releases-Section 112(r)[15A NCAC 02Q.0508(h)]
If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to Section 112(r)of the Clean
Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 68.
FE. Prevention of Accidental Releases General Duty Clause-Section 112 r 1 —FEDERALLY-ENFORCEABLE ONLY
Although a risk management plan may not be required,if the Permittee produces,processes,handles,or stares any amount of
a listed hazardous substance,the Permittee has a general duty to take such steps as are necessary to prevent the accidental
release of such substance and to minimize the consequences of any release.
Air Quality Permit No.08939T04
Page 12
FF. Title IV Allowances[15ANCAC 02Q.0508(i)(1)]
This permit does not limit the number of Title IV allowances held by the Permttee,but the Permittee may not use allowances
as a defense to noncompliance with any other applicable requirement. The Permittee's emissions may not exceed any
allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act.
GG. Air Pollution Emergence Episode[15A NCAC 02D.0300]
Should the Director of the DAQ declare an Air Pollution Emergency Episode,the Permittee will be required to operate in
accordance with the Permittee's previously approved Emission Reduction Plan or,in the absence of an approved plan,with
the appropriate requirements specified in 15A NCAC 02D.0300.
I-III. Registration of Air Pollution Sources[15A NCAC 02D.0202]
The Director of the DAQ may require the Permittee to register a source of air pollution_ If the Permittee is required to register
a source of air pollution,this registration and required information will be in accordance with 15A NCAC 02D.0202(b).
II. Ambient Air Quality Standards[15ANCAC 02D.0501(c)]
In addition to any control or manner of operation necessary to meet emission standards specified in this permit,any source of
air pollution shall be operated with such control or in such manner that the source shall not cause the ambient air quality
standards in 15A NCAC 02D.0400 to be exceeded at any point beyond the premises on which the source is located. When
controls more stringent than named in the applicable emission standards in this permit are required to prevent violation of the
ambient air quality standards or are required to create an offset,the permit shall contain a condition requiring these controls.
JJ. General Emissions Testina and Retorting Reguirements[15A NCAC 02Q.0508(i)(16)]
Emission compliance testing shall be by the procedures of Section.2600, except as may be otherwise required in Rules
.0524, .0912,.1110,.1111,or.14 15 of Subchapter 02D.If emissions testing is required by this permit or the DAQ or if the
Perminee submits emissions testing to the DAQ to demonstrate compliance, the Permittee shall perform such testing in
accordance with 15A NCAC 02D.2600 and follow the procedures outlined below:
1. The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Director prior
to air pollution testing. Testing protocols are not required to be pre-approved by the Director prior to air pollution
testing. The Director shall review air emission testing protocols for pre-approval prior to testing if requested by the
owner or operator at least 45 days before conducting the test.
2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify
the Director at least 15 days before beginning the test so that the Director may at his option observe the test.
3. The owner or operator of the source shall arrange for controlling and measuring the production rates during the period
of air testing.The owner or operator of the source shall ensure that the equipment or process being tested is operated
at the production rate that best fulfills the purpose of the test.The individual conducting the emission test shall describe
the procedures used to obtain accurate process data and include in the test report the average production rates
determined during each testing period.
4. Two copies of the final air emission test report shall be submitted to the Director not later than 30 days after sample
collection unless otherwise specified in the specific conditions. The owner or operator may request an extension to
submit the final test report.The Director shall approve an extension request if he finds that the extension request is a
result of actions beyond the control of the owner or operator.
a. The Director shall make the final determination regarding any testing procedure deviation and the validity of the
compliance test.The Director may:
i. Allow deviations from a method specified under a rule in this Section if the owner or operator of the source
being tested demonstrates to the satisfaction of the Director that the specified method is inappropriate for the
source being tested.
ii. Prescribe alternate test procedures on an individual basis when he finds that the alternative method is
necessary to secure more reliable test data.
iii. Prescribe or approve methods on an individual basis for sources or pollutants for which no test method is
specified in this Section if the methods can be demonstrated to determine compliance of permitted emission
sources or pollutants.
b. The Director may authorize the Division of Air Quality to conduct independent tests of any source subject to a
rule in this Subchapter to determine the compliance status of that source or to verify any test data submitted
relating to that source.Any test conducted by the Division of Air Quality using the appropriate testing procedures
described in Section 02D.2600 has precedence over all other tests.
Air Quality Permit No. 08939T04
Page 13
KK. Reopenint-,for Cause[15A NCAC 02Q.0517]
1. A permit shall be reopened and revised under the Following circumstances:
umstances:
a. additional applicable requirements become applicable to a facility with remain permit term of three or more years;
b. additional requirements(including excess emission requirements)become applicable to a source covered by Title
IV;
c. 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
d. the Director or EPA determines that the permit must be revised or revoked to assure compliance with the applicable
requirements.
2. Any permit reopening 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 15A NCAC 02Q.0513(c).
3. Except for the state-enforceable only portion of the permit_the procedures set out in 15A NCAC 02Q .0507, .0521, or
.0522 shall be followed to reissue the permit. If the State-enforceable only portion of the pemut is reopened, the
procedures in 15A NCAC 02Q.0300 shall be followed. The proceedings shall affect only those parts of the permit for
which cause to reopen exists.
4. The Director shall notify the Permittee at least 60 days in advance of the date tliat the permit is to be reopencd,except in
cases of imminent threat to public health or safety the notification period may be less than 60 days.
5. Within 90 days,or 180 days if the EPA extends the response period, after receiving notification from the EPA that a
permit needs to be terminated, modified, or revoked and reissued, the Director shall send to the EPA a proposed
determination of termination,modification,or revocation and reissuance,as appropriate.
LL. Reporting Requirements for Non-Dperating Equipment[15A NCAC 02Q.0508(i)(16)]
The Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken From and
placed into operation_ When permitted equipment is not in operation, the requirements for testing, monitoring, and
recordkeeping are suspended until operation resumes.
MM.Fueitive Dust Control Requirement[15A NCAC 02D.0540]
As required by 15A NCAC 02D.0540"Particulates from Fugitive Dust Emission Sources,"the Permittm shall not cause or
allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property
boundary.If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property
boundaries for six minutes in any one hour(using Reference Method 22 in 40 CFit,Appendix A),the owner or operator may
be required to submit a fugitive dust plan as described in 02D.0540(f).
"Fugitive dust emissions"means particulate matter from process operations that does not pass through a process stack or vent
and that is generated within plant property boundaries from activities such as: unloading and loading areas,process areas,
stockpiles,stock pile working,plant parking lots,and plant roads(including access roads and haul roads).
NN.Specific Permit Modifrcations[15ANCAC 02Q.0501 and,0523]
1. For modifications made pursuant to 15A NCAC 02Q.0501(c)(2),the Permittee shall file a Title V Air Quality Permit
Application for the air emission source(s)and associated air pollution control device(s)on or before 12 months after
commencing operation.
2. For modifications made pursuant to 15A NCAC 02Q .0501(d)(2), the Permittee shall not begin operation of the air
emission source(s)and associated air pollution control device(s)until a Title V Air Quality Permit Application is filed
and a construction and operation permit following the procedures of Section .0500 (except for Rule .0504 of this
Section)is obtained.
3. For modifications made pursuant to 502(b)(10), in accordance with 15A NCAC 02Q ,0523(a)(1)(C), the Permittee
shall notify the Director and EPA(EPA-Air Planning Branch,61 Forsyth Street SW,Atlanta,GA 30303)in writing
at least seven days before the change is made. The written notification shall include:
a. a description of the change at the facility;
b. the date on which the change will occur;
c. any change in emissions;and
d. any permit term or condition that is no longer applicable as a result of the change.
1n addition to this notification requirement, with the next significant modification or Air Quality Permit renewal, the
Permittee shall submit a page"E5"of the application forms signed by the responsible official verifying that the application
for the 502(b)(10)change/modification,is true,accurate,and complete. Further note that modifications made pursuant to
502(b)(10)do not relieve the Permittee from satisfying preconstruction requirements.
Air Quality Permit No. 08939T04
Page 14
00. Third Parts•Participation and EPA Review[i 5A NCAC 02Q.0521,.0522 and.0525(7)]
For permits modifications subject to 45-day review by the federal Environmental Protection Agency (EPA),EPA's
decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition,
the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit.The time period
available to submit a public petition pursuant to 15 A NCAC 02Q.0518 begins at the end of the 45-day EPA review period.
Air Quality Permit No.08939Ta4
Page 15
ATTACHMENT
List of Acronyms
AOS Alternate Operating Scenario
BACT Best Available Control Technology
Btu British thermal unit
CAA Clean Air Act
CAIR Clean Air Interstate Rule
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
DAQ Division of Air Quality
DEQ Department of Environmental Quality
EMC Environmental Management Commission
EPA Environmental Protection Agency
FR Federal Register
GACT Generally Available Control Technology
HAP Hazardous Air Pollutant
MACT Maximum Achievable Control Technology
NAA Non-Attainment Area
NCAC North Carolina Administrative Code
NCGS North Carolina General Statutes
NESHAP National Emission Standards for Hazardous Air Pollutants
NOx Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PMra Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less
POS Primary Operating Scenario
PSD Prevention of Significant Deterioration
RACT Reasonably Available Control Technology
SIC Standard Industrial Classification
SIP State Implementation Plan
SO2 Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound