HomeMy WebLinkAboutAQ_F_0400052_20140822_PRMT_Permit 7*0
0
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
August 22, 2014
Mr.David Jones
District Manager
Anson County Waste Management Facility
375 Dozer Drive
Polkton, North Carolina 28135
Dear Mr. Jones:
SUBJECT: Air Quality Permit No. 09835T03
Facility ID: 0400052
Anson County Waste Management Facility
Polkton,North Carolina
Anson County
Fee Class: Title V
In accordance with your completed Air Quality Permit Application for a Reopen for Cause of a Title V
Permit received on August 6, 2014, we are forwarding herewith Air Quality Permit No. 09835T03 to the Anson
County Waste Management Facility, located at 375 Dozer Drive, Polkton, North Carolina authorizing the
construction and operation, of the emission sources and associated air pollution control devices specified
herein. Additionally, any emissions activities determined from your Air Quality Permit Application as being
insignificant per 15A North Carolina Administrative Code 2Q .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.
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 conditions 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 30 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) 15013-23, 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.
1641 Mail Service Center,Raleigh,North Carolina 27699-1641
Phone:919-707-8400/internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part with recycled paper
David Jones
August 22, 2014
Page 2
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.
You may request modification of your Air Quality Permit through informal means pursuant to NCGS
150B-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 150B-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
Permittee has fulfilled the requirements of GS 143-215-108A(b) and received written approval from the
Director of the Division of Air Quality to commence construction. Failure to receive an Air Quality Permit or
written approval prior to commencing constriction is a violation of GS 143-215.108A and may subject the
Permittee to civil or criminal penalties as described in GS 143-215.114A and 143-215.114B.
This Air Quality Permit shall be effective from August 22, 2014 until August 31, 2018, is
nontransferable to future owners and operators, and shall be subject to the conditions and limitations as
specified therein.
Should you have any questions concerning this matter, please contact Mr. Booker T. Pullen, at (919)
707-8469.
Sincerely yours,
A4�v U)J2-1
William D. Willets, P.E., Chief,Permitting Section
Division of Air Quality, NCDENR
Enclosure
c: Fayetteville Regional Office
Central Files
David Jones
August 22, 2014
Page 3
ATTACHMENT to Cover Letter
Insignificant Activities per 15A NCAC 2Q.0503(8)
77777777777777,,,,
EmxsslaetG1 ID No. Emto Sure Description
IES-2A Two Diesel fuel above ground storage tanks (12,000 gallon capacity each)
IES-3A Gasoline above ground storage tank(1,000 gallon capacity)
IES-4A Two leachate above ground storage tanks (250,000 gallon capacity each)
1. Because an activity is insignificant does not mean that the activity is exempted from an applicable
requirement or that the owner or operator of the source is exempted from demonstrating compliance
with any applicable requirement.
2. When applicable, emissions from stationary source activities identified above shall be included in
determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 2D
1100"Control of Toxic Air Pollutants"or 2Q .0711 "Emission Rates Requiring a Permit".
3. For additional information regarding the applicability of GACT see the DAQ page titled "The
Regulatory Guide for Insignificant Activities/Permits Exempt Activities". The link to this site is as
follows: httl2:Hdaq.state.nc.us/permits/insi�/
David Jones
August 22, 2014
Page 4
Changes made to the Permit pera plication 0400052.14A:
Old Page New Page No. Condition No. Changes
No.
Page 1 Page 1 Cover letter Changed: cover letter(Governor's name, Secretary's
name,footnote),permit revision number,issue date,
Page 2 Page 2 Cover letter Changed date of letter,changed effective date of permit,
name of Permits Chief
Insignificant Activities List
Page 3 Page 3 Table I Changed permit revision to T03,changed date in heading,
Changes to:Per nit Table
Page 4 Page 4 Table Revised table per changes in application No.0400052
.14A
Body of the Permit
Page 1 Page 1 Cover page Changed: permit revision number, issue date,effective
date, "Replaces permit"revision number,revised the
received date of the permit,changed authorized signature
to William Willets
N/A All pages Page headings Changed revision number to T03
N/A All pages Specific Limitations Changed wording of regulations to reflect current revision
and Conditions being used by the DAQ
Page 6 Page 6 Added odor regulation
Page 7 Page 7 changed the emission limit of HCl to the year 2044
closure year emission rate, added pollutants benzene,
hydrogen sulfide, and vinyl chloride to the list of modeled
pollutants at the emission rates in closure year 2044
N/A Page 8 Removed Benzene and vinyl chloride from the TPER
Table
Added ethyl mercaptan,ethylene dibromide,methyl
mercaptan, mercury vapor,carbon tetrachloride,methyl
chloroform, 1,1,2,2-tetrachloroethane,chloroform,
dichlorodifluoromethane, and xylene to the TPER table
State of North Carolina,
Department of Environment,
and Natural Resources NCDENR
Division of Air Quality
AIR QUALITY PERMIT
Permit No. Replaces Permit No. Issue Date Effective Date Expiration Date
09835T03 09835T02 August 22, 2014 August 22, 2014 August 31, 2018
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 2D and 2Q, and other applicable Laws.
Pursuant to Title 15A NCAC, Subchapter 2Q, the Permittee 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: Anson County Waste Management Facility
Facility ID: 0400052
Facility Site Location: 375 Dozer Drive
City, County,State,Zip: Polkton,North Carolina 28135
Mailing Address: 375 Dozer Drive
City,State, Zip: Polkton,North Carolina 28135
Application Number: 0400052.14A
Complete Application Date: August 6,2014
Primary SIC Code: 4953
Division of Air Quality, Fayetteville Regional Office
Regional Office Address: 225 Green Street,Suite 714
Fayetteville,North Carolina 28301
Permit issued this the 22nd day of August, 2014
U)". V z
William D.Willets, P.E., Chief, Permitting Section
By Authority of the Environmental Management Commission
Table Of Contents
SECTION 1: PERMITTED EMISSION SOURCE S AND ASSOCIATED AIR POLLUTION
CONTROL DEVICES 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
1641 Mail Service Center,Raleigh,North Carolina 27699-1641
Phone:919-707-8400/internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part with recycled paper
Permit 09835T03
Page 3
SECTION 1- PERMITTED EMISSION SOURCES AND ASSOCIATED AIR POLLUTION
CONTROL DEVICES AND APPURTENANCES
Table contains a summary of all permitted emission sources and associated air pollution control devices and appurtenances:
Page(s) Emission Source ID Emission Source Control Device Control System Description
Description ID
3,7 ES-1 One municipal solid waste GCCS-1 * Gas collection and control system
NSPS Subpart WWW landfill
CD-1 * Candle stick type flare(2500 scfm,
75 million Btu per hour heat input @
500 Btu/ft3 heat rate of landfill gas)
*Voluntary gas collection and control system(not yet required by 40 CFR 60,Subpart WWW)
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. One municipal solid waste landfill (ES-1) with associated gas collection and control system (GCCS-1) including
one candle stick type flare (2500 scfm, 75 million Btu per hour heat input @ 500 Btu/ft3 heat rate of landfill gas,
CD-1).
The following table provides a summary of limits and standards for the emission source(s)described above:
R70,1110111 W11 {11td13 ;, k ,,. ,,.ar, �1Gs1b1 s ti.
x.
Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 213 .0516
Visible emissions 20 percent opacity 15A NCAC 2D .0521
Non methane organic Less than 50 Mg per year 15A NCAC 2D.0524
compounds(NMOC) NSPS Subpart WWW
Odorous emissions Apply suitable odor control measures 15A NCAC 2D.1806
"State Enforceable Only"
Toxic air pollutants Modeled limits and TPERs(toxic air pollutant 15A NCAC 2Q.0711
emission rates requiring a permit) 15A NCAC 2D.1100
"State Enforceable Only"
1. 15A NCAC 213 .0524,40 CFR Part 60,Subpart WWW: New Source Performance Standards For Municipal
Solid Waste Landfills
a. The Permittee shall comply with all applicable provisions,including the notification,testing,
recordkeeping,and monitoring requirements contained in Environmental Management Commission
Standard 15A NCAC 2D.0524"New Source Performance Standards(NSPS)as promulgated in 40
CFR Part 60 Subpart WWW,including Subpart A"General Provisions."[15A NCAC 2D.0524]
Test Methods and Procedures [15A NCAC 2D .0524,2Q.0508(f),40 CFR§60.754]
b. If emission testing is required,the testing shall be performed in accordance with 15A NCAC 2D .0524,
40 CFR§60.754 and General Condition JJ located in Section 3 of the Permit. If the results of this test
are above the limits given in 40 CFR Part 60, Subpart WWW, the Permittee shall be deemed in
noncompliance with 15A NCAC 213 .0524,Subpart WWW.
Permit 09835T03
Page 4
i. The landfill owner or operator shall calculate the NMOC emission rate using either the equation
provided in 40 CFR§60.754 (a)(1)(i)or the equation provided in paragraph 40 CFR§60.754
(a)(1)(ii). Both equations may be used if the actual year-to-year solid waste acceptance rate is
known,as specified in paragraph(a)(])(i),for part of the life of the landfill and the actual year-to-
year solid waste acceptance rate is unknown, as specified in paragraph(a)(1)(ii),for part of the life
of the landfill. The values to be used in both equations are 0.05 per year for k, 170 cubic meters
per megagram for Lo, and 4,000 parts per million by volume as hexane for the CNMoc•
(A) The owner or operator shall compare the calculated NMOC mass emission rate to the
standard of 50 megagrams per year.
(B) If the NMOC emission rate calculated in paragraph(a)(1)of§60.754 is less than 50
megagrams per year,then the landfill owner shall submit an emission rate report as
provided in §60.757(b)(1),and shall recalculate the NMOC mass emission rate annually as
required under§60.752(b)(1).
(C) If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year,
then the landfill owner shall either comply with 40 CFR§60.752(b)(2),or determine a site-
specific NMOC concentration and recalculate the NMOC emission rate using the
procedures provided in §60.752(a)(3).
(D) The Permittee shall recalculate the NMOC mass emission rate using the equations provided
in paragraph(a)(1)(i)or(a)(1)(ii)of 40 CFR §60.754, "Test Methods and Procedures"and
using the average NMOC concentration from the collected site samples instead of the
default value in the equation provided in paragraph(a)(1)of §60.754. If a GCCS has been
voluntarily installed before it is required by the NSPS,the Permittee may also choose to
calculate the NMOC emission rate using the equation specified in 40 CFR 60.754(b)as
approved by the EPA on page 20 of MSWLF NSPS/EG—Q&A document.
(E) If the resulting mass emission rate calculated using the site-specific NMOC concentration is
equal to or greater than 50 megagrams per year, then the Permittee shall either comply with
40 CFR§60.752(b)(2), or determine the site-specific methane generation rate constant and
recalculate the NMOC emission rate using the site-specific methane generation rate using
the procedure specified in paragraph(a)(4)of 40 CFR§60.754.
(F) If the resulting NMOC mass emission rate is less than 50 megagrams per year,the
Permittee shall submit a periodic estimate of the emission rate report as provided in 40 CFR
§60.757(b)(1)and retest the site-specific NMOC concentration every 5 years using the
methods specified in 40 CFR §60.757(b)(1). Tier 2 testing was performed at this landfill
on December 16,2011 in accordance with 40 CFR 60,Subpart WWW.
Anson County Waste Management Facilityis to retest this facility y December
16, 2016 in accordance with 40 CFR §60.754(a)(3)(iii)or 40 CFR §60.754(b)as approved
by the EPA on page 20 of MSWLF NSPS/EG—Q&A document.
Standards For Air Emissions From Municipal Solid Waste Landfills [40 CFR Part§60.752, 2Q.0508(f)]
c. When the municipal solid waste landfill design capacity becomes equal to or greater than 2.5 million
megagrams by mass and 2.5 million cubic meters, with a calculated NMOC emission rate equal to or
greater than 50 megagrams per year, the owner or operator shall submit a gas collection and control
system design plan prepared by a professional engineer who is registered in the State of North
Carolina, within one year of the annual report that shows that NMOC emissions will exceed 50 Mg per
year:
i. The collection and control system design plan shall include any alternatives to the operational
standards, test methods,procedures,compliance measures, monitoring,recordkeeping or
reporting provisions of§§60.753 through 60.758 proposed by the owner or operator.
ii. The collection and control system design plan shall either conform with specifications for active
collection systems in §60.759 or include a demonstration to the Administrator's satisfaction of
the sufficiency of the alternative provisions to §60.759.
Permit 09835T03
Page 5
iii. If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the
owner and operator shall install a collection and control system that captures the gas generated
within the landfill as required by paragraphs(b)(2)(ii)(A)or(B) and(b)(2)(iii)of§60.752 within
30 months after the first annual report in which the emission rate equals or exceeds 50
megagrams per year, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is less
than 50 megagrams per year, as specified in§60.757(c)(1)or(2).
(A) An active collection system shall:
(I) Collect gas from each area, cell, or group of cells in the landfill in which the initial
solid waste has been placed for a period of 5 years or more if active;or 2 years or
more if closed or at final grade.
(2) Collect gas at a sufficient extraction rate and be designed to minimize off-site
migration of subsurface gas.
(3) Route all the collected gas to a control system that complies with the requirements
in either paragraph(b)(2)(iii)(A), (B)or(C)of§60.752.
(4) The control device shall be operated within the parameter ranges established during
the initial or most recent performance test.The operating parameters to be
monitored are specified in §60.756.
Monitorin�,r/Recordkeeping[40 CFR §60.756 and§60.758, 15A NCAC 2Q .0508(f)]
d. Except as provided in §60.752(b)(2)(i)(B), each owner or operator of an MSW landfill subject to the
provisions of§60.752(b) shall keep for at least 5 years, up-to-date, readily accessible, on-site records
of the design capacity report which triggered §60.752(b), the current amount of solid waste in-place,
and the year-by-year waste acceptance rate. Off-site records may be maintained if they are
retrievable within 4 hours. Either paper copy or electronic formats are acceptable.
e. Each owner or operator subject to the provisions of this subpart shall keep readily accessible
documentation of the nature,date of deposition,amount, and location of asbestos-containing or
nondegradable waste excluded from collection as provided in §60.759(a)(3)(i)as well as any
nonproductive areas excluded from collection as provided in §60.759(a)(3)(ii).
Reporting [40 CFR §60.757, 15A NCAC 2Q .0508(f)]
f. This facility is subject to the requirements of 40 CFR Part 60, Subpart WWW and shall submit an
NMOC emission rate report to the Regional Office annually,except as provided for in paragraphs
(b)(1)(ii) or(b)(3)of 40 CFR §60.757.
If the estimated NMOC emission rate as reported in the annual report to the Administrator is less than
50 megagrams per year in each of the next 5 consecutive years, the owner or operator may elect to
submit an estimate of the NMOC emission rate for the next 5-year period in lieu of the annual report.
This estimate shall include the current amount of solid waste-in-place and the estimated waste
acceptance rate for each year of the 5 years for which an NMOC emission rate is estimated.All data
and calculations upon which this estimate is based shall be provided to the Administrator. This
estimate shall be revised at least once every 5 years. If the actual waste acceptance rate exceeds the
estimated waste acceptance rate in any year reported in the 5-year estimate,a revised 5-year estimate
shall be submitted to the Administrator.The revised estimate shall cover the 5-year period beginning
with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.
The NMOC emission rate report shall include all the data,calculations,sample reports and
measurements used to estimate the annual or 5-year emissions. The Regional Office may request such
additional information as may be necessary to verify the reported NMOC emission rate.
g. The Permittee shall submit a summary report of monitoring and recordkeeping activities by 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 instances of
deviations from the requirements of this permit must be clearly identified.
Permit 09835T03
Page 6
2. 15A NCAC 2D .0516: Sulfur Dioxide Emissions from Combustion Sources
a. Emissions of sulfur dioxide from the flare(CD-1) shall not exceed 2.3 pounds per million Btu heat
input. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances
shall be included when determining compliance with this standard. [15A NCAC 02D .0516]
Testing [15A NCAC 2Q.0508(f)]
b. If emission testing is required,the Permittee shall perform such testing in accordance with General
Condition JJ found in Section 3. If the 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 2D .0516.
Monitoring/Recordkeeping/Reporting [15A NCAC 2Q.0508(f)]
c. No monitoring,recordkeeping, or reporting is required for sulfur dioxide emissions from the firing of
landfill gas in the flare.
3. 15A NCAC 2D .0521: Control of Visible Emissions
a. Visible emissions from flare(CD-1)shall not be more than 20 percent opacity each 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 opacity. [15A NCAC 2D .0521 (d)]
Testing [15A NCAC 2Q.0508(f)]
b. If emission testing is required,the Permittee shall perform such testing in accordance with General
Condition JJ found in Section 3. If the results of this test are above the limit given in Section 2.1 A.
3. a. above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring[15A NCAC 2Q.0508(f)]
c. No monitoring,recordkeeping, or reporting is required for visible emissions from the firing of landfill
gas in the flare.
4. 15A NCAC 2D .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.
• Definitions [15A NCAC 2D .1801]:
"Objectionable odor" means any odor present in the ambient air that by itself, or in combination with
other odors,is or may be harmful or injurious to human health or welfare, or may unreasonably
interfere with the comfortable use and enjoyment of life or property. Odors are harmful or injurious to
human health if they tend to lessen human food and water intake,interfere with sleep, upset appetite,
produce irritation of the upper respiratory tract, or cause symptoms of nausea,or if their chemical or
physical nature is, or may be,detrimental or dangerous to human health.
• "Technologically feasible" means that an odor control device or a proposed solution to an odor
problem has previously been demonstrated to accomplish its intended objective,and is generally
accepted within the technical community. It is possible for technologically feasible solutions to have
demonstrated their suitability on similar, but not identical, sources for which they are proposed to
control.
Permit 09835T03
Page 7
STATE ENFORCEABLE ONLY:
5. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REPORTING REQUIREMENT-Pursuant
to 15A NCAC 2D .l 100"Control of Toxic Air Pollutants," and in accordance with the approved application
for an air toxic compliance demonstration, the following permit limits shall not be exceeded.
A. Projected emission rates through landfill closure in the year 2044
Description Toxic Air Pollutant Emission Limit
Landfill (ES-1) Benzene 63.55lbs/yr
Fugitive emissions Hydrogen chloride -------------
Hydrogen sulfide 1.84 lbs/day
Vinyl chloride 56.34 lbs/yr
Candlestick flare(CD-1) Benzene 3.8 lbs/yr
Hydrogen chloride 0.59 lbs/hr
Hydrogen sulfide 0.11 lbs/day
Vinyl chloride 4.51 lbs/yr
Monitoring/Recordkeepi ng/Reporting
B. The gas collection and control system shall be operated and maintained in such a manner that the
modeled emission limits listed above shall not be exceeded.
STATE ENFORCEABLE ONLY:
6. 15A NCAC 2Q.0711: Emission Rates Requiring A Permit
a. As of July 30,2014 emissions of toxic air pollutants have been demonstrated on a facility-wide basis
(excluding those sources exempt under 15A NCAC 2Q .0702 "Exemptions")that each of the toxic air
pollutants(TAPs)emitted from all sources at the facility are either below its respective toxic permit
emission rates(TPER)listed in 15A NCAC 2Q .0711 - "Emission Rates Requiring a Permit" or the
TAPs are in compliance with 15A NCAC 2D .1100"Control of Toxic Air Pollutants" as described
elsewhere in this permit.
b. The facility shall be operated and maintained in such a manner that any new,existing or increased
actual emissions of any TAP listed in 15A NCAC 2Q.0711 or in this permit from all sources at the
facility(excluding those sources exempt under 15A NCAC 2Q.0702"Exemptions"),including
fugitive emissions and emission sources not otherwise required to have a permit, will not exceed its
respective TPER listed in 15A NCAC 2Q.0711 without first obtaining an air permit to construct or
operate.
c. PRIOR to exceeding any of the TPERs listed in 15A NCAC 2Q .0711,the Permittee shall be
responsible for obtaining an air permit to emit TAPs and for demonstrating compliance with the
requirements of 15A NCAC 2D .1100"Control of Toxic Air Pollutants".
d. The Permittee shall maintain at the facility records of operational information sufficient for
demonstrating to the Division of Air Quality staff that actual TAPs are less than the rate listed in 15A
NCAC 2Q .0711.
e. The TPER table listed below is provided to assist the Permittee in determining when an air permit is
required pursuant to 15A NCAC 2Q .0711 and may not represent all TAPs being emitted from the
facility. This table will be updated at such time as the permit is either modified or renewed.
Permit 09835T03
Page 8
Pollutant Carcinogens Chronic Toxicants Acute Systemic Acute Irritants
(Ibl` ) (lblda ) Toxicants;(lb/hr) (lblbr)
Acrylonitrile
(107-13-1)
Carbon disulfide(75-15-0) ----------- 3.9 ----------- -----------
Carbon tetrachloride 460 ----------- ----------- -----------
(56-23-5)
Chloroform(67-66-3) ----------- 250 ----------- -----------
p-Dichlorobenzene
(106-46-7)
Dichlorodifluoromethane 5200----------- -----------
(75-71-8)
Ethyl mercaptan 0.025
[75-08-1]
------------ -----------
Ethylene dibromide 27
Ethylene dichloride(1,2- 260 ----------- ----------- -----------
dichloroethane)(107-06-2)
n-Hexane ___
(110-54-3)
MEK(methyl ethyl ketone)
----------- 22.4
(78-93-3)
MIBK(methyl isobutyl ----------- 52 ----------- 7.6
ketone) (108-10-1)
Mercury-alkyl compounds ----------- 0.0013 ----------- -----------
Mercury—vapor 0.013----------- -----------
-------(7439-97-6)
Methyl chloroform
1,1,1 trichloroethane ----------- 250 ----------- -----------
(71-55-6)
Methylene chloride
(Dichloromethane) 1600 ----------- 0.39 -----------
(75-09-2)
Methyl mercaptan 0.013
[74-93-1]
----------- -----------
Perchloroethylene
(tetrachloroethylene) 13000 ----------- ----------- -----------
(127-18-4)
Toluene(108-88-3) ----------- 98 ----------- 14.4
Vinylidene chloride _
(75-35-4)
Xylene
(1330-20-7)
1,1,2,2-tetrachloroethane 430 ----------- ----------- -----------
(79-34-5)
Permit 09835T03
Page 9
SECTION 3 - GENERAL CONDITIONS {version 3.6 (01/31/12)1
This section describes terms and conditions applicable to this Title V facility.
A. General Provisions[NCGS 143-215 and 15A NCAC 2Q.0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 2D
and 2Q.
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 Permittee 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 terms 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 be 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 Availability[15A NCAC 2Q.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 Environment and Natural Resources
upon request.
C. Severability Clause[I 5A NCAC 2Q.0508(i)(2)]
In the event of an administrative challenge to a final and binding permit in which a condition is held to be 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 must be complied with.
D. Submissions[15A NCAC 2Q.0507(e)and 2Q.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(CEMS)
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 one 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 2Q.0508(i)(3)]
The Permittee 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.
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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 2Q.05141
The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 2Q
.0514.
2. Transfer in Ownership or Operation and Application Submittal Content [15A NCAC 2Q.0524 and 2Q.0505]
The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 2Q.0524 and 2Q
.0505.
3. Minor Permit Modifications [15A NCAC 2Q.05151
The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 2Q.0515.
4. Significant Permit Modifications [I 5A NCAC 2Q.0516]
The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 2Q
.0516.
5. Reopening for Cause[15A NCAC 2Q.0517]
The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 2Q.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 [15A NCAC 2Q.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 pen-nit
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[15A NCAC 2Q.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 requirement.
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4. Emissions Trading[15A NCAC 2Q.0523(c)]
To the extent that emissions trading is allowed under 15A NCAC 2D,including subsequently adopted maximum
achievable control technology standards,emissions trading shall be allowed without permit revision pursuant to 15A
NCAC 2Q.0523(c).
I.A. Reporting Requirements for Excess Emissions and Permit Deviations
[15A NCAC 2D.0535(f)and 2Q.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 21);or by a permit condition;or that exceeds an emission limit
established in a permit issued under 15A NCAC 2Q.0700. (Note:Definitions of excess emissions under 2D.1110 and 2D
.IIII 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 2D.0524),NESHAPS (15A NCAC 2D
.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 2D.0524),NESHAPS(15A NCAC 2D.I 110 or.I I11),or these rules
do NOT define"excess emissions," the Permittee shall report excess emissions in accordance with 15A NCAC 2D
.0535 as follows:
a. Pursuant to 15A NCAC 2D.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 first 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 2D
.0535(f)(3).
Permit Deviations
3. Pursuant to 15A NCAC 2Q .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 2D .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.
I.B. Other Requirements under 15A NCAC 2D.0535
The Permittee shall comply with all other applicable requirements contained in 15A NCAC 2D .0535,including 15A
NCAC 2D .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 2D.0535(c)(1)through(7).
2. 15A NCAC 2D.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.
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J. Emergency 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.
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 2Q.0508(e)and 2Q.0513(b)]
This 15A NCAC 2Q .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 2Q .0500 renewal application is
submitted at least nine months before the date of permit expiration. If the Permittee or applicant has complied with 15A
NCAC 2Q .0512(b)(1), this 15A NCAC 2Q .0500 permit shall not expire until the renewal permit has been issued or
denied. Permit expiration under 15A NCAC 2Q .0400 terminates the facility's right to operate unless a complete 15A
NCAC 2Q .0400 renewal application is submitted at least six months before the date of permit expiration for facilities
subject to 15A NCAC 2Q .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 Activity Not a Defense[15A NCAC 2Q.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. Duty to Provide Information(submittal of information) [15A NCAC 2Q.0508(i)(9)]
1. The Permittee shall furnish to the DAQ,in a timely manner,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.
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 2Q.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 facts 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.
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O. Retention of Records[15A NCAC 2Q.0508(f)and 2Q.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 of this permit shall be kept on site and made
available to DAQ personnel for inspection upon request.
P. Compliance Certification[15A NCAC 2Q.0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsyth
Street,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 certification for the
entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional
requirements as may be specified under Sections 114(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 by Responsible Official[15A NCAC 2Q.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[I 5A NCAC 2Q.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 of permit
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 15A NCAC 2Q.0523.
4. A permit shield does not extend to minor permit modifications made under 15A NCAC 2Q.0515.
S. Termination Modification and Revocation of the Permit[15A NCAC 2Q.0519]
The Director may terminate,modify,or revoke and reissue this permit 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 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.
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T. Insignificant Activities[15A NCAC 2Q.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. Property Rights[15A NCAC 2Q.0508(i)(8)]
This permit does not convey any property rights in either real or personal property or any exclusive privileges.
V. Inspection and Entry[15A NCAC 2Q.0508(1)and NCGS 143-215.3(a)(2)]
1. Upon presentation of credentials and other documents as may be required by law,the Permittee 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.
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 2Q.0508(i)(10)]
1. The Permittee shall pay all fees in accordance with 15A NCAC 2Q.0200.
2. Payment of fees 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.
3. If, within 30 days after being billed,the Permittee fails to pay an annual fee,the Director may initiate action to
terininate the permit under 15A NCAC 2Q.0519.
X. Annual Emission Inventory Requirements[15A NCAC 2Q.0207]
The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 2Q
.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[15A NCAC 2Q.0107 and 2Q.0508(i)(9)]
Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC 2Q.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 2Q.0107.
Z. Construction and Operation Permits[15A NCAC 2Q.0100 and.0300]
A construction and operating permit shall be obtained by the Permittee 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 2Q.0100 and.0300.
AA.Standard Application Form and Required Information[15A NCAC 2Q.0505 and.0507]
The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 2Q
.0505 and.0507.
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BB.Financial Responsibility and Compliance History[15A NCAC 2Q.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.Refrigerant Requirements(Stratospheric Ozone and Climate Protection) [15A NCAC 2Q.0501(e)]
1. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment, which use Class I or 11
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 II 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 2Q.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.
EE. 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 stores 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.
FF. Title IV Allowances[15A NCAC 2Q.0508(i)(1)]
This permit does not limit the number of Title IV allowances held by the Permittee,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 Emergency Episode[15A NCAC 2D.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 2D.0300.
HH.Registration of Air Pollution Sources [15A NCAC 2D.02021
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 2D
.0202(b).
11. Ambient Air Ouality Standards[15A NCAC 213.0501(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 2D.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.
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H. General Emissions Testing and Reporting Requirements[15A NCAC 2Q.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.1415 of Subchapter 2D.If emissions testing is required by this permit or the DAQ or if the
Permittee submits emissions testing to the DAQ to demonstrate compliance,the Permittee shall perform such testing in
accordance with 15A NCAC 2D .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:
(1) 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.
(2)Prescribe alternate test procedures on an individual basis when he finds that the alternative method is
necessary to secure more reliable test data.
(3)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 2D.2600 has precedence over all other tests.
KK.Reopening for Cause[15A NCAC 2Q.0517]
1. A permit shall be reopened and revised under the following circumstances:
a. additional applicable requirements become applicable to a facility with remaining 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 2Q.0513(c).
3. Except for the state-enforceable only portion of the permit,the procedures set out in 15A NCAC 2Q.0507, .0521,or
.0522 shall be followed to reissue the permit. If the State-enforceable only portion of the permit is reopened,the
procedures in 1.5A NCAC 2Q.0300 shall be followed. The proceedings shall affect only those parts of the permit for
which cause to reopen exists.
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4. 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 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-Operating Equipment[15A NCAC 2Q.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. During operation the monitoring recordkeeping and reporting requirements as prescribed by the
permit shall be implemented within the monitoring period.
MM.Fugitive Dust Control Requirement[15A NCAC 2D.0540]-STATE ENFORCEABLE ONLY
As required by 15A NCAC 2D.0540"Particulates from Fugitive Dust Emission Sources,"the Permittee 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 CFR,Appendix A),the owner or
operator may be required to submit a fugitive dust plan as described in 2D.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 Modifications[15A NCAC 2Q.0501 and.0523]
1. For modifications made pursuant to 15A NCAC 2Q.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 2Q .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)(]0),in accordance with 15A NCAC 2Q.0523(a)(1)(C),the Permittee
shall notify the Director and EPA(EPA-Air Planning Branch,61 Forsyth St.,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.
In 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.
00. Third Party Participation and EPA Review[15A NCAC 2Q.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 15A NCAC 2Q .0518 begins at the end of the 45-
day EPA review period.
Permit 09835T03
Page 18
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
DENR Department of Environment and Natural Resources
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
NESHAPS National Emission Standards for Hazardous Air Pollutants
NOx Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PM10 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
SOz Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound