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HomeMy WebLinkAboutAQ_F_0400056_20140915_PRMT_Permit NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E, Skvarla, III Governor Secretary September 15, 2014 Mr. Martin Petchul Managing Director of Engineering and Technical Services Piedmont Natural Gas, Inc. Post Office Box 33068 Charlotte, North Carolina 28233 Dear Mr. Myers: SUBJECT: Air Quality Permit No. 10097T01 Facility ID: 0400056 Piedmont Natural Gas, Inc. —Wadesboro Compressor Station Wadesboro, Anson County Fee Class: Title V In accordance with your completed Air Quality Permit Application for a I" Tire Title V pert-nit received December 6, 2013, we are forwarding herewith Air Quality Permit No. 10097TOI to Piedmont Natural Gas, Inc., 379 Pleasant Grove Church Road, Wadesboro, 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 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. 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 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. 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 15013-23, this Air Quality Permit shall be Final and 16411 Service Center, Raleigh,North Carolina 27699-1641 Phone:919-707-84001 Internet:www.ncdenr.gov An Equal Opportunity 1 Affirmative Acton Employer-Made in pan with recycled paper Mr. Martin Petchul September 15,2014 Page 2 binding 30 days after issuance. 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 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 construction is a violation of GS 143-215.108A and may subject the Permitee to civil or criminal penalties as described in GS 143-215.114A and 143-215.114B. This Air Quality Permit shall be effective from September 15, 2014 until August 31, 2019, 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 Kevin Godwin at(919) 707-8480. Sincerely yours, W�V— WAz'- William D. Willets, P.E., Chief, Permitting Section Division of Air Quality, NCDFNR Enclosure c: Heather Ceron, EPA Region 4 Steven Vozzo, Supervisor, Fayetteville Regional Office Central Files State of North Carolina, ` • � Department of Environment, --..r..r and Natural Resources NCDENR Division of Air Quality AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Effective Date Expiration Date 10097TO1 10097ROO September 15, 2014 August 31, 2019 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 21 B 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 souree(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: Piedmont Natural Gas, Inc. Facility ID: 0400056 Facility Site Location: 379 Pleasant Grove Church Road City, County, State, Zip: Wadesboro, Anson County, North Carolina, 28170 Mailing Address: Post Office Box 33068 City, State, Zip: Charlotte, North Carolina, 28233 Application Number: 0400056.13A Complete Application Date: December 6, 2013 Primary SIC Code: 4923 Division of Air Quality, Fayetteville Regional office Regional Office Address: Systel Building, 225 Green Street, Suite 714 Fayetteville, North Carolina,28301 Permit issued this the 15"' day of September, 2014 -9/z.0-uy�=— 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 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) 2.2- Multiple 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 Permit No. 10097T01 Page 3 SECTION 1- PERMITTED EMISSION SOURCE (S) AND ASSOCIATED AIR POLLUTION CONTROL DEVICE (S) AND APPURTENANCES The following table contains a summary of all permitted emission sources and associated air pollution control devices and appurtenances: Emission Emission Source Description Control Control Device Description Source Device ID No. ID No. COMP01 One four-stroke lean burn natural COMPOIC Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating) powering a compressor COMP02 One four-stroke lean burn natural COMP02C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating) powering a compressor COMP03 One four-stroke lean burn natural COMP03C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine(4,735 (Page 4) horsepower rating) powering a compressor COMP04 One four-stroke lean burn natural COMP04C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating) powering a com ressor COMP05 One four-stroke lean burn natural COMP05C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating) powering a compressor COMP06 One four-stroke lean burn natural COMP06C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating) powering a compressor COMP07 One four-stroke lean burn natural COMP07C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine (4,735 (Page 4) horsepower rating)powering a compressor COMP08 One four-stroke lean burn natural COMP08C Catalytic oxidizer(at least 24.0 NSPS gas-fired reciprocating internal cubic feet of oxidation catalyst) MACT combustion engine(4,735 (Page 4) horsepower rating) powering a compressor Permit No. 10097T01 Page 4 EGO One four-stroke lean burn natural MACT gas-fired emergency generator N/A N/A (Page 7) (880 bp maximum ratin ) 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. Eight (8) four-stroke lean burn natural gas-fired reciprocating internal combustion engines (4,735 horsepower rating each) powering eight compressors (ID Nos. COMPOI through COMP08) each equipped with a catalytic oxidizer (at least 24.0 cubic feet of oxidation catalyst, ID Nos. COMPOIC through COMP08C) The following table provides a summary of limits and standards for the emission source(s)describe above: Regulated Limits/Standards Applicable Regulation Pollutant Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 2D .0516 Visible emissions 20 percent opacity when averaged over a six- 15A NCAC 2D .0521(d) minute period Nitrogen oxides 125 parts per million by volume (ppmv) stack gas 15A NCAC 2D .1423 expressed as nitrogen dioxide corrected to 15 percent oxygen on a dry basis Carbon Monoxide See Section 2.2 A.1. 15A NCAC 2D .1111 (formaldehyde surrogate) 40 CFR Part 63 Subpart ZZZZ Nitrogen oxides See Section 2.2 A.2, 15A NCAC 02D .0524 Volatile organic NSPS - Subpart JJJJ compounds Carbon monoxide Nitrogen oxide No requirements 15A NCAC 02D .0501(c) HAPs See Section 2.2 A.3. 15A NCAC 2Q .0317 (HAP Major Source Classification- Avoidance) 1. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from the 4SLB engines(ID Nos. COMPOI through COMP08) 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 2D .0516] Permit No, 10097TOI Page 5 Testing [15A NCAC 2Q .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 2D .0516. Mon ito ring/Record keeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for sulfur dioxide emissions from the firing of natural gas in the engines. 2. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from the 4SLB engines (ID Nos. COMPOI through COMP08) 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 opacity. [15A NCAC 2D .0521(d)] Testin [15A NCAC 2Q .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.2.a. above,the Permit-tee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/reeordkeeping/reporting is required for visible emissions from the firing of natural gas in the engines. 3. 15A NCAC 02D .1423 LARGE INTERNAL COMBUSTION ENGINES a. This Rule applies to the following internal combustion engines permitted after October 30, 2000 that are subject to Rule .1418 of this Section but are not subject to Rules .0530 (prevention of significant deterioration)or .0531 (nonattainment area major new source review) of this Subchapter: lean burn stationary internal combustion engines rated at equal or greater than 2,400 brake horsepower. b. Emission Limitation The owner or operator of a stationary internal combustion engine shall not cause to be emitted into the atmosphere nitrogen oxides in excess of the following applicable limit, expressed as nitrogen dioxide in parts per million by volume (ppmv) stack gas corrected to 15 percent oxygen on a dry basis, averaged over a rolling 30-day period, as may be adjusted under Paragraph (c)of this Rule: MAXIMUM ALLOWABLE EMISSION CONCENTRATION FOR STATIONARY INTERNAL COMBUSTION ENGINES (parts per million) Engine Tvpe Limitation Lean-burn 125 Adjustment. Each emission limit expressed in Paragraph (b) of this Rule may be multiplied by X, where X equals the engine efficiency (E)divided by a reference efficiency of 30 percent. Engine efficiency(E) shall be determined using one of the methods specified in Subparagraphs(1)or(2) of this Paragraph, whichever provides a higher value. However, engine efficiency(E) shall not be less than 30 percent. An engine with an efficiency lower than 30 percent shall be assigned an efficiency of 30 percent. (1) (Engine output)*(100) E=Energy input Permit No. 10097T0I Page 6 where energy input is determined by a fuel measuring device accurate to plus or minus 5 percent and is based on the higher heating value(Hf V) of the fuel. Percent efficiency(E) shall be averaged over 15 consecutive minutes and measured at peak load for the applicable engine. (2) Manufacturer's Rated Efficiency [continuous] at LHV)*(LHV) E=HHV where LHV is the lower heating value of the fuel; and HHV is the higher heating value of the fuel. Compliance determination and monitoring. The owner or operator of an internal combustion engine subject to the requirements of this Rule shall determine compliance using: (1) an alternate calculated and recordkeeping procedure based on actual emissions testing and correlation with operating parameters. The installation, implementation, and use of this alternate procedure shall be approved by the Director before it may be used. The Director may approve the alternative procedure if he finds that it can show the compliance status of the engine. Recordkeeping [15A NCAC 02Q .0508(f)] c. The owner or operator of a stationary internal combustion engine subject to this Rule shall maintain all records necessary to demonstrate compliance with the Rule for two calendar years at the facility at which the engine is located. The records shall be made available to the Director upon request. The owner or operator shall maintain records of the following information for each day the engine operates: (1) identification and location of the engine; (2) calendar date of record; (3) the number of hours the engine operated during each day, including startups, shutdowns, and malfunctions, and the type and duration of maintenance and repairs; (4) date and results of each emissions inspection; (5) a summary of any emissions corrective maintenance taken; (6) the results of all compliance tests; and (7) if a unit is equipped with a continuous emission monitoring system: (A) identification of time periods during which nitrogen oxide standards are exceeded,the reason for the excess emissions, and action taken to correct the excess emissions and to prevent similar future excess emissions; and (B) identification of the time periods for which operating conditions and pollutant data were not obtained including reasons for not obtaining sufficient data and a description of corrective actions taken. If the above records are not maintained, the Permittee will be deemed in non compliance with 15A NCAC 02D .1423. The Permittee is allowed to maintain records off-site. Exemptions. The emission standards of this Rule shall not apply to the following periods of operation: (1) start-up and shut-down periods and periods of malfunction, not to exceed 36 consecutive hours; (2) regularly scheduled maintenance activities. Reporting [15A NCAC 02Q .0508(f) d. The owner or operator of a stationary internal combustion engine subject to this Rule shall submit: (1) a report documenting the engine's total nitrogen oxide emissions beginning May 1 and ending September 30 of each year to the Director by October 31 of each year, beginning with the year of first ozone season that the engine operates; (2) an excess emissions and monitoring systems performance report, according to the requirements of 40 CFR 60.7(c) and 60.13, if a continuous emissions monitoring system is used. Permit No. 10097TOI Page 7 B. One four-stroke lean burn natural gas-fired emergency generator(ID No. EG01) The following table provides a summa 'of limits and standards for the emission source(s)describe above: Regulated Limits/Standards Applicable Regulation Pollutant Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 2D .0516 Visible emissions 20 percent opacity when averaged over a six- 15A NCAC 2D .0521 minute period Carbon Monoxide See Section 2.2 A.1. 15A NCAC 2D .] 111 (formaldehyde surrogate) 40 CFR Part 63 Subpart zzzz Nitrogen oxides See Section 2.2 A.2. 15A NCAC 02D .0524 Volatile organic NSPS— Subpart JJJJ compounds Carbon monoxide Nitrogen oxide See Section 2.2 Table 15A NCAC 02D .0501(c) HAPs See Section 2.2 A.3. 15A NCAC 2Q .0317 (HAP Major Source Classification - Avoida.nce) 1. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from the 4SLB engines (ID No. EG01) 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 2D .0516] Testis [15A NCAC 2Q .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 B.l.a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0516. Monitoring/Recordkeeping/Reporting [I5A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for sulfur dioxide emissions from the firing of natural gas in the engines. 2. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from the 4SLB engine (ID No. EG01) 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 opacity. [15A NCAC 2D .0521(d)] Testing [15A NCAC 2Q .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 B.2.a. above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Permit No. 10097TO1 Page 8 Mo nito ri nLy/Record keep ing/Repo rtin [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for visible emissions from the firing of natural gas in the engine. 2.2- Multiple Emission Source(s) Specific Limitations and Conditions A. Eight (8) four stroke lean burn natural gas-fired reciprocating internal combustion engines (4,735 horsepower rating each) powering eight compressors (ID Nos. COMP01 through COMP08) each equipped with a catalytic oxidizer (24.0 cubic feet of oxidation catalyst, ID Nos. COMP0IC through COMP08C) and a four stroke lean burn natural gas-fired emergency generator(ID No. EG01) The following table provides a summary of limits and standards for the emission source(s)describe above: Regulated Limits/Standards Applicable Regulation Pollutant For engines (COMP01 through COMP08): 15A NCAC 2D .0524 Nitrogen oxides 1.0 g/HP-hr- 82 ppmvd @ 15% O, 40 CFR Part 60, Subpart JJJJ Carbon 2.0 g/HP-hr- 270 ppmvd @ 15% O, Monoxide Volatile organic 0.7 g/HP-hr 60 ppmvd @ 15% O, compounds Nitrogen See §50.11 §50.11 National primary dioxide 53 ppb annual average ambient air quality 100 ppb 1-hour average standards Carbon Stationary RICE subject to Regulations under 15A NCAC 2D .I I I I Monoxide 40CFR Part 60—the requirements of this subpart 40 CFR Part 63 Subpart (formaldehyde are met by meeting the requirements of Subpart ZZZZ surrogate) JJJJ Hazardous Air See Section 2.2 A.3. 15A NCAC 02Q .0317 for Pollutants avoidance of being (HAP) classified as major for HAPs 1. 15A NCAC 2D .1III: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY a. For the stationary SI ICE and emergency stationary ICE, the Permittee shall comply with all applicable provisions, including the requirements for emission limitations, testing, monitoring, recordkeeping, notification, and reporting, contained in Environmental Management Commission Standard 15A NCAC 2D .i I I 1 "Maximum Achievable Control Technology(MACT)" as promulgated in 40 CFR Part 63 Subpart ZZZZ, including Subpart A "General Provisions." b. The Permittee shall meet the requirements of this 40 CFR 63 Subpart ZZZZ by meeting all applicable requirements in 40 CFR 60 Subpart JJJJ for spark ignition engines and no further requirements shall apply to this engine under this Part in accordance with §63.6590(c). c. Area sources of HAP emissions that become major sources—If an area source increases its emissions or Permit No. 10097TOI Page 9 its potential to emit such that it becomes a major source of HAP as defined in 40 CFR 63.2, the compliance dates are as follows: i. Any stationary RICE for which construction or reconstruction is commenced after the date when an area source becomes a major source of HAP, the IC RICE must be in compliance with 40 CFR 63, Subpart ZZZZ upon startup of the affected source; ii. Any stationary RICE for which construction or reconstruction is commenced before the area source becomes a major source of HAP must be in compliance with 40 CFR 63, Subpart ZZZZ within 3 years after the area source becomes a major source of HAPs. iii. Owning or operating an affected source requires that the applicable notification requirements in 40 CFR 63.6645 and in 40 CFR 63, Subpart A are met. 2. 15A NCAC 2D .0524: NEW SOURCE PERFORMANCE STANDARDS [40 CFR 60 SUBPART JJJJI a. For stationary SI ICE (ID Nos. COMPOI through COMPOS) and emergency stationary ICE(ID No. EG01),the Permittee shall comply with all applicable provisions, including the requirements for emission standards, notification,testing, reporting, record keeping, and monitoring, contained in Environmental Management Commission Standard l 5A NCAC 2D .0524 "New Source Performance Standards (NSPS)" as promulgated in 40 CFR Part 60 Subpart JJJJ, including Subpart A "General Provisions." [15A NCAC 2D .0524] Emission Standards b. Owners and operators of stationary SI ICE with a maximum engine power greater than or equal to 75 KW (100 HP) must comply with the emission standards in Table I to this subpart for their stationary SI ICE. For owners and operators of stationary SI ICE with a maximum engine power greater than or equal to 100 HP manufactured prior to January 1,2011 that were certified to the certification emission standards in 40 CFR part 1048 applicable to engines that are not severe duty engines, if such stationary SI ICE was certified to a carbon monoxide(CO) standard above the standard in Table 1 to this subpart, then the owners and operators may meet the CO certification (not field testing) standard for which the engine was certified. C. Owners and operators of stationary SI ICE that are required to meet standards that reference 40 CFR 1048,101 must, if testing their engines in use, meet the standards in that section applicable to field testing, except as indicated in paragraph(a) of this section. d. Owners and operators of stationary SI ICE must operate and maintain stationary SI ICE that achieve the emission standards as required in §60.4233 over the entire life of the engine. e. After July 1, 2009, owners and operators may not install stationary SI ICE with a maximum engine power of greater than or equal to 500 HP that do not meet the applicable requirements in §60.4233. Compliance Requirements for Owners and Operators f If you are an owner or operator of a stationary SI ICE and must comply with the emission standards specified in §60.4233 (e), you must demonstrate compliance according to one of the methods specified in paragraphs (a)(1) of this section. (1) Purchasing a non-certified engine and demonstrating compliance with the emission standards specified in §60.4233 (e) and according to the requirements specified in §60.4244, as applicable, and according to paragraphs (a)(2)(i) of this section. (1) If you are an owner or operator of a stationary SI internal combustion engine greater than 500 HP, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test and conduct subsequent performance testing every 8,760 hours or 3 years, whichever comes first,thereafter to demonstrate compliance. g. It is expected that air-to-fuel ratio controllers will be used with the operation of three-way catalysts/non- selective catalytic reduction. The AFR controller must be maintained and operated appropriately in order Permit No. 10097TOI Page 10 to ensure proper operation of the engine and control device to minimize emissions at all times. Emission Standards h. For emergency stationary ICE(ID No. EGO 1), NMHC and NOx (combined): 8 g/kW-hr CO: 610 glkW-hr [§§60.4233(a) and 60.4231(a), and Table 1 to §1054.1051 Testing [15A NCAC 02Q .0508(f)] i. Owners and operators of stationary S1 ICE who conduct performance tests must follow the procedures in paragraphs (1)through (6) below. (1) Each performance test must be conducted within 10 percent of 100 percent peak(or the highest achievable) load and according to the requirements in §60.8 and under the specific conditions that are specified by Table 2 to this subpart. (2) You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in §60.8(c). If your stationary S1 internal combustion engine is non-operational,you do not need to startup the engine solely to conduct a performance test; however,you must conduct the performance test immediately upon startup of the engine. (3) You must conduct three separate test runs for each performance test required in this section, as specified in §60.8(f). Each test run must be conducted within 10 percent of 100 percent peak(or the highest achievable) load and last at least 1 hour. (4) To determine compliance with the NOx mass per unit output emission limitation, convert the concentration of NOx in the engine exhaust using Equation 1 of this section: C.x 1.912 x 10-3x Q x T Where: ER= Emission rate of NOxin g/HP-hr. Cd= Measured NOxconcentration in parts per million by volume (ppmv). 1.912x 10-3 =Conversion constant for ppm NOxto grams per standard cubic meter at 20 degrees Celsius. Q = Stack gas volumetric flow rate, in standard cubic meter per hour, dry basis. T = Time of test run, in hours. HP-hr= Brake work of the engine, horsepower-hour(HP-hr). (5) To determine compliance with the CO mass per unit output emission limitation, convert the concentration of CO in the engine exhaust using Equation 2 of this section: _ Cd x 1-164 x 10-3 x Q x T ER - HP -lu (Eq. ) Where: ER= Emission rate of CO in g/HP-hr. Cd= Measured CO concentration in ppmv. 1.164x 10-3 = Conversion constant for ppm CO to grams per standard cubic meter at 20 degrees Celsius. Q — Stack gas volumetric flow rate, in standard cubic meters per hour, dry basis. T — Time of test run, in hours. Permit No. 10097T01 Page 11 HP-hr= Brake work of the engine, in HP-hr. (6) For purposes of this subpart, when calculating emissions of VOC, emissions of formaldehyde should not be included. To detennine compliance with the VOC mass per unit output emission limitation, convert the concentration of VOC in the engine exhaust using Equation 3 of this section: ER = Ca x 1.833 x 10-3 x Q x T E HP -hr ( q 3) Where: ER — Emission rate of VOC in g/HP-hr. Cd=VOC concentration measured as propane in ppmv. 1.833 x 10-3 = Conversion constant for ppm VOC measured as propane, to grams per standard cubic meter at 20 degrees Celsius. Q= Stack gas volumetric flow rate, in standard cubic meters per hour, dry basis. T=Time of test run, in hours. HP-hr=Brake work of the engine, in HP-hr. (7) If the owner/operator chooses to measure VOC emissions using either Method 18 of 40 CFR part 60, appendix A, or Method 320 of 40 CFR part 63, appendix A, then it has the option of correcting the measured VOC emissions to account for the potential differences in measured values between these methods and Method 25A. The results from Method 18 and Method 320 can be corrected for response factor differences using Equations 4 and 5 of this section_ The corrected VOC concentration can then be placed on a propane basis using Equation 6 of this section. C RFi = M (Eq. 4) CXi Where: RFi=Response factor of compound i when measured with EPA Method 25A. CMi= Measured concentration of compound i in ppmv as carbon. CAi—True concentration of compound i in ppmv as carbon. C =RF x C;,., (Eq. Where: Ci,o,r= Concentration of compound i corrected to the value that would have been measured by EPA Method 25A, ppmv as carbon. Cimeas Concentration of compound i measured by EPA Method 320, ppmv as carbon. Cam= 0.6098xC;.a (Eq. 6) Where: CPeq= Concentration of compound i in mg of propane equivalent per DSCM. Notification, Monitoring, Reeordkeeping and Reporting [15A NCAC 02Q .0508(f)] j. The Permittee must meet the following notification, reporting and recordkeeping requirements. (a) Owners and operators of all stationary St ICE must keep records of the information in paragraphs (a)(1)through (4) of this section. (1) All notifications submitted to comply with this subpart and all documentation supporting any notification. (2) Maintenance conducted on the engine. Permit No. 10097T0I Page 12 (3) If the stationary S1 internal combustion engine is a certified engine, documentation from the manufacturer that the engine is certified to meet the emission standards and information as required in 40 CFR parts 90, 1048, 1054, and 1060, as applicable. (4) if the stationary SI internal combustion engine is not a certified engine or is a certified engine operating in a non-certified manner and subject to §60.4243(a)(2), documentation that the engine meets the emission standards. (b) Owners and operators of stationary SI ICE greater than or equal to 500 HP that have not been certified by an engine manufacturer to meet the emission standards in §60.4231 must submit an initial notification as required in §60.7(a)(1). The notification must include the information in paragraphs (b)(1) through (5) of this section. (1) Name and address of the owner or operator; (2) The address of the affected source; (3) Engine information including make, model, engine family, serial number, model year, maximum engine power, and engine displacement; (4) Emission control equipment; and (5) Fuel used. (c) Owners and operators of stationary SI ICE that are subject to performance testing must submit a copy of each performance test as conducted in §60.4244 within 60 days after the test has been completed. [73 FR 3591, Jan. 18, 2008, as amended by 73 FR 59177, Oct. 8, 2008] General Provisions Table 3 to this subpart shows which parts of the General Provisions in §§60.1 through 60.19 apply to you. Monitoring [15A NCAC 2Q .0508(f)] k. The emergency stationary ICE shall be equipped with a non-resettable hour meter prior to startup, if the ICE does not meet the standards applicable to non-emergency engines. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements of this Section are not complied with. [§60.4237(c)] 1. If the emergency stationary ICE is required to meet the emissions standards in §60.4233(a),the Permittee shall comply by purchasing an engine certified to emission standards in §60.4231(a) for the same engine class and maximum engine power. In addition,the Permittee shall meet one of the requirements in (a)(1) and(a)(2)of§60.4243 as included below: i. If the Permittee operates and maintains the certified stationary SI internal combustion engine and control device according to the manufacturer's emission-related written instructions, the Permittee shall keep records of conducted maintenance to demonstrate compliance, but no Performance testing is required if you are the owner or operator. The Permittee shall also meet the requirements as specified in 40 CFR Part 1068, Subparts A through D, as they apply to the Permittee. If the Permittee adjusts engine settings according to and consistent with the manufacturer's instructions,the Permittee's stationary SI internal combustion engine will not be considered out of compliance. ii. If the Permittee does not operate and maintain the certified stationary SI internal combustion engine and control device according to the manufacturer's emission-related written instructions,the Permittee's engine will be considered a non-certified engine, and the Permittee shall demonstrate compliance according to (a)(2)(i) through (iii) of§60.4243, as appropriate, as included below: (A) If Permittee's stationary SI internal combustion engine is less than 100 HP, the Permittee shall keep a maintenance plan and records of conducted maintenance to demonstrate compliance and shall, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions, but no performance testing is required if you are an owner or operator. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements Permit No. 10097T0I Page 13 of this Section are not complied with. [§60.4243(a)] m. The Permittee shall operate the emergency stationary ICE according to the requirements in paragraphs(d)(1)through (3)of§60.4243. In order for the engine to be considered an emergency stationary ICE under this Subpart, any operation other than emergency operation, maintenance and testing,emergency demand response, and operation in nonemergency situations for 50 hours per year, as described in paragraphs(d)(1)through(3)of§60.4243, is prohibited. If the Permittee does not operate the engine according to the requirements in paragraphs (d)(1)through(3)of§60.4243, the engine will not be considered an emergency engine under this Subpart and shall meet all requirements for non-emergency engines. i. There is no time limit on the use of emergency stationary ICE in emergency situations. ii. The Permittee may operate the emergency stationary ICE for any combination of the purposes specified in paragraphs(d)(2)(i)through(iii)of§60.4243 for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraph(d)(3) of§60.42143 counts as part of the 100 hours per calendar year allowed by this paragraph(d)(2). (A) Emergency stationary ICE may be operated for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government,the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine. The Permittee may petition the Administrator for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the owner or operator maintains records indicating that federal, state, or local standards require maintenance and testing of emergency ICE beyond 100 hours per calendar year. (B) Emergency stationary ICE may be operated for emergency demand response for periods in which the Reliability Coordinator under the North American Electric Reliability Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy Emergencies(incorporated by reference, see § 60.17), or other authorized entity as determined by the Reliability Coordinator, has declared an Energy Emergency Alert Level 2 as defined in the NERC Reliability Standard EOP002-3. (C) Emergency stationary ICE may be operated for periods where there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency. iii. Emergency stationary ICE may be operated for up to 50 hours per calendar year in non- emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing and emergency demand response provided in paragraph(d)(2)of this section. Except as provided in paragraph (d)(3)(i)of§60.4243, the 50 hours per calendar year for nonemergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity. (A) The 50 hours per year for nonemergency situations can be used to supply power as part of a financial arrangement with another entity if all of the following conditions are met: (AA) The engine is dispatched by the local balancing authority or local transmission and distribution system operator; (BB) The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region. (CC) The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional, state, public utility commission or local standards or guidelines. Permit No. 10097TO I Page 14 (DD) The power is provided only to the facility itself or to support the local transmission and distribution system. (EE) The owner or operator identifies and records the entity that dispatches the engine and the specific NERC, regional, state, public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator may keep these records on behalf of the engine owner or operator. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements of this Section are not complied with. [§60.4243(d)] n. The Permittee may operate the emergency stationary SI natural gas fired engine using propane for a maximum of 100 hours per year as an alternative fuel solely during emergency operations, but shall keep records of such use. If propane is used for more than 100 hours per year in an engine that is not certified to the emission standards when using propane, the Permittee is required to conduct a performance test to demonstrate compliance with the emission standards of§60.4233. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements of this Section are not complied with, [§60.4243(e)] o. If the Permittee purchases a non-certified engine for emergency generator or if the Permitteee does not operate and maintain the certified stationary SI internal combustion engine and control device according to the manufacturer's written emission-related instructions, the Permittee is required to perform initial performance testing as indicated in §60.4243, but the Permittee is not required to conduct subsequent performance testing unless the stationary engine is rebuilt or undergoes major repair or maintenance. A rebuilt stationary SI ICE means an engine that has been rebuilt as that term is defined in 40 CFR 94.11(a). The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements of this Section are not complied with. [§60.4243(f)] p. The Permittee is expected to use air-to-fuel ratio controllers with the operation of three-way catalysts/non- selective catalytic reduction. The AFR controller must be maintained and operated appropriately in order to ensure proper operation of the engine and control device to minimize emissions at all times. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the requirements of this Section are not complied with. [§60.4243(g)] Recordkeeping [15A NCAC 2Q .0508(f)] q. The Permittee shall keep records of the information in paragraphs(a)(1)through (4)of §60.4245 for emergency stationary SI ICE: i. All notifications submitted to comply with this subpart and all documentation supporting any notification. ii. Maintenance conducted on the engine. iii. If the stationary SI internal combustion engine is a certified engine, documentation from the manufacturer that the engine is certified to meet the emission standards and information as required in 40 CFR parts 90, 1048, 1054, and 1060, as applicable. iv. If the stationary SI internal combustion engine is not a certified engine or is a certified Permit No. 10097TO I Page 15 engine operating in a non-certified manner and subject to §60.4243(a)(2),documentation that the engine meets the emission standards. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the records included in this Section are not kept. [§60.4245(a)] ReportinLI [15A NCAC 2Q .0508(f)] r. No initial notification under §60.7 is required for emergency stationary SI ICE. [§60.4246 and Table 3 to 40 CFR 60 Subpart JJJJ] s. The Permittee shall submit a.summary report of monitoring and recordkeeping activities 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 instances of deviations from the requirements of this permit must be clearly identified. Table 1 to Subpart JJJJ of Part 60—NOx,CO,and VOC Emission Standards for Stationary Non- Emergency>100 HP and Emergency>25 HP �_. _ Emission standards' Maximum engine Manufacture { ppmvd at .15% Engine type and fuel power date 1 /HP-hr g ( Oz FNOx Co VOCd NO ,NCO VOCd Non-Emergency SI Natural !HP>500 7/l/2007;2 0I 4 00 1 0; 1603 540 8 Gas HP>500 7/1/2010 1.0 F 2.0 i 0.7 82 1270€ 60 �Emergency SI Natural Gas BHP>130 1/1/20091 2.014.01 1.0 1601 540 86 Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or ppmvd at 15 percent Q. dFor purposes of this subpart, when calculating emissions of volatile organic compounds,emissions of formaldehyde should not be included. Table 2 to Subpart JJJJ of Part 60—Requirements for Performance Tests [As stated in §60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak(or the highest achievable) load] Complying with the j According to the For each requirement to You must Using following requirements 1 Stationary SI internal a. limit the I (a) If using a combustion concentration of j. (1) Method 1 or IA of 'control device, i. Select the sampling port ;40 CFR part 60, I lengine NOXin the stationary the sampling site i location and the number of appendix.A or ASTM � demonstrating SI internal I must be located at traverse points; Method D65.2— i 'compliance combustion engine ±00(2005)a. ;the outlet of the according to exhaust. ! !control device. 1§60.4244. ! Permit No. 10097TOI Page 16 Complying with the 1 According to the For each regwrement to You must Using following j I I requirements ii. Determine the i(b) Measurements to O�concentration of , b Idetermine (2) Method 3 3A or 3B of 3 the stationary internal O,concentration must combustion engine 40 CFR part 60, appendix be made at the same ,A or ASTM Method ! exhaust at the D652200(2005)a. `time as the !sampling port (measurements for location; NOxconcentration. �� ----iii. Determine the exhaust flowrate of (3) Method 2 or 19 of 40 ! jthe stationary internal E combustion engine CFR part 60. (! j exhaust; � I iv. If necessary, measure moisture �(4) Method 4 of 40 CFR i(c) Measurements to content of the part 60,appendix A, determine moisture Method 320 of 40 CFR stationary internal part 63, appendix A, or !must be made at the combustion engine jsame time as the ASTM D6348-03 exhaust at the (incorporated by reference, !measurement for sampling port see §60.17). NOxconcentration. location; and , ](5) Method 7E of 40 CFR part 60, appendix A, f v. Measure NOxat Method D6522�0(2005)a, j(d) Results of this test I the exhaust of the Method 320 of 40 CFR 1consist of the average i stationary internal part 63, appendix A, or lof the three 1-hour or combustion engine. ASTM D6348-03 longer runs. (incorporated by reference, ( see §60.17). b. limit the ! (a) If using a concentration of CO ti. Select the sampling port '(1) Method I or 1A of control device, in the stationary SI location and the number of '40 CFR part 60 the sampling site internal combustion traverse points; appendix A. 'must be located at I engine exhaust. i the outlet of the !control device. ii. Determine the ;(b Measurements to 102concentration of ��— ;determine �(2) Method 3, 3A, or 3)Bb ! � the stationary internal €O?concentration must I combustion engine of 40 CFR part 60, The made at the same Iappendix A or ASTM exhaust at the 'Method D6522-00(2005)a, time as the � sampling port measurements for CO i location; _ concentration Permit No. 10097T0I Page 17 ! Complying with the j According to the For each You must Using E following requirement to requirements iiii. Determine the j exhaust flowrate of (3) Method 2 or 19 of 40 the stationary internal CFR part 60. 1combustion engine exhaust; F_ iv. If necessary, (4) Method 4 of 40 CFR I measure moisture �(c) Measurements to part 60, appendix A, l content of the Method 320 of 40 CFR `determine moisture stationa internal must be made at the ' ry part 63, appendix A, or 3 combustion engine same time as the i b ASTM D6348-03 exhaust at the measurement for CO (incorporated by reference sampling port ' ,concentration. location; and see §60.17). ,(5) Method 10 of 40 CFR part 60, appendix A, v. Measure CO at the ASTM Method D6522— ;`(d) Results of this test j exhaust of the 00(2005)a, Method 320 of consist of the average stationary internal 40 CFR part 63, appendix of the three 1-hour or combustion engine. A, or ASTM D 6348-03 longer runs. (incorporated by reference, see §60.17). c. limit the !(a) Ifusing a concentration of {control device, VOC in the i. Select the sampling port 1(1) Method 1 or I of the sampling site stationary SI internal location and the number of 140 CFR part 60, traverse points; di �appenY A. must be located at combustion engine (the outlet of the exhaust. !control device. ii. Determine the !(b) Measurements to Ozconcentration of b determine (2) Method 3, 3A, or 3$ of; ! the stationary internal �O,concentration must combustion engine (40 CFR part 60, appendix Ibe made at the same I A or ASTM Method i exhaust at the (time as the D652200(2005)a. sampling port (measurements for VOC location; !concentration. -- — i��. D�etermine the exhaust flowrate of the stationary internal (3) Method 2 or 19 of 40 combustion engine CFR part 60. { ;exhaust; w. If necessary, '(4) Method 4 of 40 CFR c Measurements to measure moisture part 60, appendix A determine moisture content of the Method 320 of 40 CFR !must be made at the (stationary internal part 63, appendix A, or same time as the !combustion engine ASTM D6348-03 measurement for VOC exhaust at the (incorporated by reference, (concentration. Permit No. 10097TO I Page 18 . -- According to the Complying with the ( { i For each You must Using following requirement to requirements E sampling port see §60.17). ilocation, and E E_ f (5) Methods 25A and 18 of 40 CFR part 60, appendix A, Method 25A with the use of a methane cutter as v. Measure VOC at described in 40 CFR �(d) Results of this test the exhaust of the 1065.265, Method 18 or 40 consist of the average stationary internal CFR part 60, appendix of the three I-hour or combustion engine. �A,�aMethod 320 of 40 CFR longer runs. part 63, appendix A, or ASTM D6348-03 (incorporated by reference, see §60.17). i aASTM D6522-00 is incorporated by reference; see 40 CFR 60.17. Also,you may petition the Administrator for approval to use alternative methods for portable analyzer. bYou may use ASME PTC 19.101981, Flue and Exhaust Gas Analyses, for measuring the O�content of the exhaust gas as an alternative to EPA Method 3B. `You may use EPA Method 18 of 40 CFR part 60, appendix A, provided that you conduct an adequate presurvey test prior to the emissions test, such as the one described in OTM I I on EPA's Web site (http://www.epa.govlttnlemc/prel itnlotm l 1.pol). aYou may use ASTM D6420-99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass Spectrometry as an alternative to EPA Method 18 for measuring total nonmethane organic. Table 3 to Subpart JJJJ of Part 60—Applicability of General Provisions to Subpart JJJJ [As stated in §60.4246, you must comply with the applicable General Provisions] See Table 8. 3. 15A NCAC 2Q .0317: AVOIDANCE CONDITIONS for 40 CFR Subpart ZZZZ Reciprocating Internal Combustion Engines (HAP Major Source Classification Avoidance) A.. In order to avoid applicability of 15A NCAC 2D .I I I 1 for major sources, the eight four-cycle lean burn natural gas-fired reciprocating ICE (ID Nos. COMPOI through COMP08)and one four cycle lean burn natural gas-fired emergency stationary ICE (ID No. EG01) shall discharge into the atmosphere less than 10 tons of an individual hazardous air pollutant or 25 tons of combined hazardous air pollutants, per consecutive 12-month period [15A NCAC 2D .l I I I]. Testing [15A NCAC 2Q .0508(f)] B. If emissions testing is required, the testing shall be performed in accordance with General Condition JJ. Monitoring/Recordkeeping/Reportin,a [15A NCAC 2Q .0508 (f)] C. As the EPA considers CO to be a surrogate for Formaldehyde, catalytic oxidizers the appropriate means of control and effective in reducing these pollutants, the emissions of Formaldehyde shall be limited by following the CO emissions monitoring, recordkeeping, and reporting found in 2.2 A.2., above. If the referenced monitoring, recordkeeping, and reporting emissions of CO are not followed, above the Permittee shall be deemed in noncompliance with 15A NCAC 2D .I 111. Permit No. 10097T01 Page 19 SECTION 3 - GENERAL CONDITIONS (v3.6) 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 [15A 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(c) 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)Iquality 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 Permit No. 10097TOI Page 20 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 Comp1Y [15A NCAC 2Q .0508(i)(3)1 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. F. Circumvention - STATE ENFORCEABLE ONLY The facility shall be property 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 (I5A 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 .05051 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 [15A NCAC 2Q .05161 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 .05171 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 I 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. Permit No. 10097TOI Page 21 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 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,<witten notification at least seven days before the change is made; and iv. the Permittee shall attach the notice to the relevant permit. e. 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 [I 5A 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. 4. Emissions Trading [I5A NCAC 2Q .0523(c)] To the extent that emissions trading is allowed under 15A NCAC 21), 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 [I5A 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.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. 1f a source is required to report excess emissions under NSPS (15A NCAC 2D .0524),NESHAPS (15A NCAC 2D .1110 or .1 111), 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 (I5A NCAC 2D .1110 or .1111), 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 Permit No. 10097T01 Page 22 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. 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. Permit No. 10097TOI Page 23 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 [I5A 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 Pennittee 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 [I5A 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 fumish 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. O. Retention of Records [I5A 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 [I5A 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 Permit No. 10097T01 Page 24 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 [15A 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 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 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. 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. Permit No. 10097T01 Page 25 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 terminate 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] Permit No. 10097TO I Page 26 The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 2Q .0505 and .0507. 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 E 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 Dutv 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 [I5A 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 [I 5A NCAC 21) .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.Rep_istration of Air Pollution Sources [15A NCAC 2D .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 2D .0202(b). It. Ambient Air Quality Standards 115A NCAC 2D .0501(c)] Permit No. 10097TOI Page 27 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. JJ. 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 H 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] Permit No. 10097TO I Page 28 1. A permit shall be reopened and revised under the following circumstances: a. additional applicable requirements become applicable to a facility with remaining permit tenn 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 15A NCAC 2Q .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 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 Permit No. 10097T0I Page 29 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 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. 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 MALT 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