Loading...
HomeMy WebLinkAboutAQ_F_0200098_20140207_PRMT_Permit *V� NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Pat McCrory Sheila C. Holman John E. Skvarla, III Governor Director Secretary February 7,2014 Douglas Caudle President Piedmont Fiberglass,Inc. P.O.Box 1089 Taylorsville,NC 28681 Dear Mr. Caudle: SUBJECT: Air Permit No. 09941T02 Piedmont Fiberglass, Inc. Taylorsville,Alexander County,North Carolina Fee Class: Title V Facility ID Number: 0200098 In accordance with your completed Air Quality Permit Applications for a minor modification of your Title V permit received August 28, 2013, we are forwarding herewith Air Quality Permit No. 09941T02 to Piedmont Fiberglass, Inc., located at 33 Lewittes Road, Taylorsville, North Carolina authorizing the construction and operation, of the emission source(s) and associated air pollution control device(s) specified herein. Additionally, any emissions activities determined from your Air Quality Permit Application as being insignificant per 15A North Carolina Administrative Code 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. These emission sources and control device (ID Nos. 005, 006 and DC001) are listed as a minor modification per 15A NCAC 2Q .0515. The compliance certification as described in General Condition P is required. Unless otherwise notified by NC DAQ, the affected terms of this permit (excluding the permit shield as described General Condition R) for these sources shall become final on April 8, 2014. Until this date, the affected permit terms herein reflect the proposed operating language that the Permittee shall operate these sources under pursuant to 15A NCAC 2Q .0515(f). 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, Permitting Section 1641 Mail Service Center,Raleigh,North Carolina 27699-1641 217 West Jones Street,Raleigh,North Carolina 27603 Phone:919-707-8405%Fax:919-715-0717 Internet:wwvv.ncair.orq An Equal Opportunity\Affirmative Action Employer—Recycled\Post Consumer Paper Mr. Caudle February 7, 2014 Page 2 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) 150B-23, and filed with both the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,North Carolina 27699-6714 and the Division of Air Quality, Permitting Section, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Please note that this permit will be stayed in its entirety upon receipt of the request for a hearing unless a request for a hearing is made pursuant to NCGS 150B-23, this Air Quality Permit shall be final and binding 30 days after issuance. 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 Permiee 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 Permiee to civil or criminal penalties as described in GS 143-215.114A and 143- 215.114B. This Air Quality Permit shall be effective from February 7, 2014 until December 31, 2017, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. The changes made to the permit are summarized in the attachment to this letter. Should you have any questions concerning this matter,please contact Brian Bland at(919) 707-8732. Sincerely yours, J C. Evans Acting Chief Enclosure c: Heather Ceron,EPA Region 4 (electronic copy only) Mooresville Regional Office Central Files ATTACHMENT to cover letter of Air Permit No. 09941T02 Piedmont Fiberglass,Inc. The following changes were made to existing permit: Page(s) Section Description of Change(s) N/A ATTACHMENT - Remove Resin storage tank(5,880 gallons, ID No. IES-05) 1 Cover Page - Update permit revision numbers and permit/application dates 3 -end All,Header - Update permit revision number 3 Section 1, -Add Sanding Operations(ID No. 005)and associated control device(ID Permitted No. DC001) Equipment Table -Add 15A NCAC 2Q .0515 paragraph -Add resin storage tank(5,880 gallons, formerly ID No. IES-05, now ID No. 006)as it is subject to MACT VVWWW 3 2.1 A -Add resin storage tank(ID No. 006) 8-9 2.1 C -Add Sanding Operations(ID No. 005)and associated control device(ID No. DC001) ATTACHMENT to cover letter of Air Permit No. 09941T02 Piedmont Fiberglass, Inc. Insignificant Activities under 15A NCAC 2Q .0503(8) Emission Emission Source Control Device ID Control Device Source ID No. Description No. Description IES-01 Grinding area N/A N/A IES-02 Woodworking N/A N/A operations IES-03 Welding N/A N/A operations IES-04 Solvent cleaning N/A N/A operations IES-08 Natural gas-fired N/A N/A make-up heaters State of North Carolina, Department of Environment, and Natural Resources Division of Air Quality NCDENR AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Effective Date Expiration Date 09941T02 09941T01 February 7, 2014 December 31, 2017 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: Piedmont Fiberglass, Inc. Facility ID: 0200098 Mailing Address: P. O. Box 1089 City, State,Zip: Taylorsville,NC 28681 Physical Address: 33 Lewittes Road City, State, Zip: Taylorsville, NC 28681 Application Number: 0200098.13A Complete Application Date: February 5, 2014 Primary SIC Code: 3089 Division of Air Quality, Mooresville Regional Office Regional Office Address: 610 East Center Street,Suite 301 Mooresville, North Carolina 28115 Permit issued this the 71h day of February 2014 Jo n C. ans,Acting Chief, Permits Section By'Authdrity 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. 09941T02 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 Source Control ID No. Emission Source Description Device Control Device Description ID No. 002 Laminating/gel coat operation N/A N/A MACT WWWW 004 Dry filter-type surface coating N/A N/A operation 005* Sanding Operations DC001 Dust Collector(800 square feet of filter area) 006* Resin storage tank(5,880 N/A N/A MACT WWWW gallons) *These emission sources(ID Nos. 005 and 006)and control device(ID No.DC001)are listed as a minor modification per 15A NCAC 2Q .0515. The compliance certification as described in General Condition P is required. Unless otherwise notified by NC DAQ,the affected terms of this permit(excluding the permit shield as described General Condition R)for this source shall become final on April 8,2014. Until this date,the affected permit terms herein reflect the proposed operating language that the Permittee shall operate this source under pursuant to 15A NCAC 2Q.0515(f). 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 laminating/gel coat operation (ID No. 002) One resin storage tank(ID No. 006) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Visible emissions 20 percent opacity 15A NCAC 2D .0521 Hazardous air National Emission Standards for Hazardous Air Pollutants 15A NCAC 2D .1111 pollutants from Reinforced Plastic Composites Production (40 CFR 63, Subpart WWWW) Volatile organic See Section 2.2 A.1 15A NCAC 2D .0958 compounds Toxic air pollutants State-enforceable only 15A NCAC 2Q .0705 See Sections 2.2 B.2,2.2 B.3 and 2.2 B.4 15A NCAC 2Q .0711 15A NCAC 2D .1100 Odors State-Enforceable Only 15A NCAC 2D .1806 See Section 2.2 B.5 Permit No. 09941T02 Page 4 1. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from this source (ID No. 002) 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 limits given in Section 2.1 A.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for visible matter emissions from these operations. 2. 15A NCAC 2D.1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY The Permittee shall comply with all applicable provisions contained in Environmental Management Commission Standard 15A NCAC 2D.1111,"Maximum Achievable Control Technology" (MALT)as promulgated in 40 CFR 63, Subpart WWWW,"National Emission Standards for Hazardous Air Pollutants for Reinforced Plastic Composites Production,"including Subpart A"General Provisions" as follows: Emission Limits/Work Practice Standards a. The Permittee shall limit its organic hazardous air pollutant (HAP) emissions from its open molding, gel-coating operations(ID No.002) as described in 63.5805(b)and Table 3 -Subpart WWWW,which include,in part: If your operation is... And you use... Your organic HAP emissions limit is... Open molding—non-corrosion- Mechanical resin application 88 (lb/ton) resistant and/or high strength Filament application 188 (lb/ton) Manual resin application 87(lb/ton) Open molding—tooling Mechanical resin application 254 (lb/ton) Manual resin application 157 (lb/ton) Open molding—gel coat Tooling gel coating 440 (lb/ton) White/off white pigmented gel coating 267 (lb/ton) All other pigmented gel coating 377 (lb/ton) - Clear production gel coat 522 (lb/ton) b. As specified in 40 CFR 63.5805(b), the Permittee must meet all applicable work practice standards in Table 4 of MACT Subpart WWWW,including: For... You must... All cleaning operations Not use cleaning solvents that contain HAP, except that styrene may be used as a cleaner in closed systems,and organic HAP containing cleaners may be used to clean cured resin from application equipment. Application equipment includes any equipment that directly contacts resin. All HAP-containing materials storage operations Keep containers that store HAP-containing materials closed or covered except during the addition or removal of materials. Bulk HAP-containing materials storage tanks may be vented as necessary for safety. Permit No. 09941T02 Page 5 For... You must... All mixing operations Use mixer covers with no visible gaps present in the mixing covers, except that gaps of up to one inch are permissible around the mixer shafts and any required instrumentation. Keep the mixer covers closed while actual mixing is occurring except when adding materials or changing covers to the mixing vessels. Monitorinp_/Recordkeeping c. Although the method from 40 CFR 63.5810(b)is detailed below,the Permittee,as described in 40 CFR 63.5810, may change compliance methods to any method specified in 40 CFR 63.5810. The Permittee shall demonstrate that, on average,you meet the individual organic HAP emission limits for each unique combination of operation type and resin application method or gel coat type shown above by: i. grouping the process streams by operation type and resin application method or gel coat type listed above and then calculate a weighted average emission factor based on the amounts of each individual resin or gel coat used for the last 12 months. To do this,sum the product of each individual organic HAP emission factor calculated in 63.5810(a)(1)and the amount of neat resin plus and neat gel coat plus usage that corresponds to the individual factors and divide the numerator by the total amount of neat resin plus and neat gel coat plus used in that operation type as shown in the following equation: n Average Organic HAP Emissions Factor=Y(Actual processstreamEF,)(Material,) n Material,. Where: Actual Process Stream EF,=actual organic HAP emissions factor for process stream i qbs/ton) Material; =neat resin plus or neat gel coat plus used during last 12 calendar months for process stream (tons) n=number ofprocess streams where you calculated an organic HAP emissions factor. ii. comparing each organic HAP emission factor calculated in Section 2.1 A.2.c.i above with its corresponding organic HAP emission limit above. If all emission factors are equal to or less than their corresponding emission limits,then the Permittee is in compliance [63.5810(b)]. d. The results of the monitoring shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The logbook shall record the following: i. all data,assumptions, and calculations used to determine organic HAP emission factors including records of resin and gel coat use, organic HAP content,and operation where the resin is used. Resin use records may be based on purchase records if the Permittee can reasonably estimate how the resin is applied. The organic HAP content records may be based on MSDS or on resin specifications supplied by the resin supplier[63.5895(c)]; and ii. certified statement that the Permittee is in compliance with the work practice requirements listed above. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .I I I I if these records are not maintained. Reporting e. The Permittee shall submit a summary report of the monitoring and recordkeeping requirements 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. In addition,the report shall Permit No. 09941T02 Page 6 contain: i. a statement that there were no deviations during the reporting period if there were no deviations from any emission limitation and that there were no deviations from the requirements for work practice standards; and ii. the information in 63.5910(d)if there was a deviation from any emission limit or work practice standard during the reporting period. B. Dry filter-type surface coating operation(ID No.004) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Particulate matter E=4.10 x P°.67 15A NCAC 2D .0515 Where E=allowable emission rate in pounds per hour P=process weight in tons per hour Visible emissions 20 percent opacity 15A NCAC 2D .0521 Hazardous air National Emission Standards for Hazardous Air Pollutants 15A NCAC 2Q .0317 pollutants Subpart PPPP—Avoidance condition Volatile organic See Section 2.2 A.1 15A NCAC 2D .0958 compounds Toxic air pollutants State-enforceable only 15A NCAC 2D .1100, See Sections 2.2 B.2,2.2 B.3 and 2.2 B.4 15A NCAC 2Q .0711, 15A NCAC 2Q .0705 Odors State-Enforceable Only 15A NCAC 2D .1806 See Section 2.2 B.5 1. 15A NCAC 2D.0515: PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES a. Emissions of particulate matter from this source(ID No. 004)shall not exceed an allowable emission rate as calculated by the following equation: E=4.10Xpl.67 Where: E=allowable emission rate in pounds per hour P=process weight in tons per hour Testin [15A NCAC 2Q .0508(f)] b. If emission 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.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 213 .0515. Monitoring/Recordkeepin2 [15A NCAC 2Q .0508(f)] c. Particulate matter emissions from this source (ID No. 004)shall be controlled by a dry filter. To assure compliance,the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations,or if there are no manufacturer's inspection and maintenance recommendations, as a minimum,the inspection and maintenance requirement shall include the following: i. a monthly visual inspection of the dry filter,noting the condition, and ii. an annual(for each 12-month period following the initial inspection)inspection of the associated ductwork noting the structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if the ductwork and dry filter are not inspected and maintained. d. The results of inspection and maintenance shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action; ii. the results of each inspection; iii. the results of any maintenance performed on the dry filter,and Permit No.09941 T02 Page 7 iv. any variance from manufacturer's recommendations,if any,and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D.0515 of these records are not maintained. Reporting[15A NCAC 2Q.0508(f)] e. No reporting is required for particulate matter emissions from these operations. 2. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from this source(ID No. 004)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 limits given in Section 2.1 B.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring/Recordkeeping [15A NCAC 2Q .0508(fl] c. To assure compliance, once a month the Permittee shall observe the emission point(s)of this source(ID No.004) for any visible emissions above normal. The Permittee shall establish"normal"for this source in the first 30 days following the effective date of this permit. The monthly observation must be made for each month of the calendar year period to ensure compliance with this requirement. If visible emissions from these sources are observed to be above normal,the Permittee shall: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below,or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 2D .2610(Method 9)for 12-minutes is below the limit given in Section 2.1 B.2.a above. If the above-normal emissions are not corrected per i.above or if the demonstration in ii. above cannot be made, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. d. The results of the monitoring shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action, ii. the results of each observation and/or test noting those sources with emissions that were observed to be in non- compliance along with any corrective actions taken to reduce visible emissions,and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting[15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summary report of the observations,as required by Section 2.1 B.2.c above, postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. 3. 15A NCAC 2Q.0317:NESHAP AVOIDANCE CONDITION FOR SURFACE COATING OF PLASTIC PARTS AND PRODUCTS(40 CFR 63,Subpart PPPP): a. In order to avoid applicability of 15A NCAC 2D.1111 (40 CFR 63, Subpart PPPP)as requested by the Permittee, the Permittee shall use less than 100 gallon,of HAP coatings per consecutive 12 month period to coat plastic parts or products. Monitoring/Recordkeeping [15A NCAC 2Q.0508 (fl] b. The Permittee shall keep records of gallons of HAP coatings that are used to coat plastic parts or products on a monthly basis to ensure compliance. The Permittee shall be deemed in noncompliance with 15A NCAC 2D.I I I I if these records are not maintained or the HAP coating usage exceeds the limits. c. The Permittee shall keep a record of the applicability determination on site at the source for a period of five years after the determination,or until the source becomes an affected source. The determination must include the Permit No. 09941T02 Page 8 analysis demonstrating why the Permittee believes the source is unaffected pursuant to 40 CFR Part 63.10(b)(3). The Permittee shall be deemed in noncompliance with 15A NCAC 2D .1111 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] d. The Permittee shall submit a summary report of monitoring and recordkeeping activities within 30 days after each calendar year half, due and postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December,and July 30 for the preceding six-month period between January and June. The report shall contain the following: i. the rolling 12-consecutive month usage of HAP coatings in gallons that are used to coat plastic parts or products for each of the six months during the calendar year half, and ii. the monthly usage of HAP coatings in gallons that are used to coat plastic parts or products for the previous 17 months. C. Sanding Operations(ID No.005)with associated dust collector(ID No.DC001) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Particulate matter E=4.10 x PO 67 15A NCAC 2D .0515 Where E=allowable emission rate in pounds per hour P=process weight in tons per hour Visible emissions 20 percent opacity 15A NCAC 2D .0521 Odors State-Enforceable Only 15A NCAC 2D .1806 See Section 2.2 B.5 1. 15A NCAC 2D.0515: PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES a. Emissions of particulate matter from this source(ID No.005)shall not exceed an allowable emission rate as calculated by the following equation: E=4.10 X p0_17 Where: E=allowable emission rate in pounds per hour P=process weight in tons per hour Testing[15A NCAC 2Q .0508(f)] b. If emission 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 C.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. Particulate matter emissions from this source(ID No. 005)shall be controlled by a dust collector. To assure compliance,the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations,or if there are no manufacturer's inspection and maintenance recommendations,as a minimum,the inspection and maintenance requirement shall include the following: i. a monthly visual inspection of the filters,system ductwork and material collection unit, and ii. an annual(for each 12 month period following the initial inspection)internal inspection of the dust collector. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if the ductwork and dust collector are not inspected and maintained. d. The results of inspection and maintenance shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action; ii. the results of each inspection; iii. the results of any maintenance performed on the dust collector, and Permit No.09941T02 Page 9 iv. any variance from manufacturer's recommendations,if any, and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 of these records are not maintained. Reporting[15A NCAC 2Q .0508(f)] e. No reporting is required for particulate matter emissions from these operations. 2. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from this source(ID No. 005)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 limits given in Section 2.1 C.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D.0521. Monitorin"ecordkeepin [15A NCAC 2Q .0508(f)] c. To assure compliance, once a month the Permittee shall observe the emission point(s)of this source(ID No. 005) for any visible emissions above normal. The Permittee shall establish"normal"for this source in the first 30 days following the effective date of this permit. The monthly observation must be made for each month of the calendar year period to ensure compliance with this requirement. If visible emissions from these sources are observed to be above normal,the Permittee shall: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below,or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 2D.2610(Method 9)for 12-minutes is below the limit given in Section 2.1 C.2.a above. If the above-normal emissions are not corrected per i. above or if the demonstration in ii. above cannot be made, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. d. The results of the monitoring shall be maintained in a log(written or electronic format)on-site and made available to an authorized representative upon request. The log shall record the following: i. the date and time of each recorded action, ii. the results of each observation and/or test noting those sources with emissions that were observed to be in non- compliance along with any corrective actions taken to reduce visible emissions, and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting[15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summary report of the observations, as required by Section 2.1 C.2.c above, postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. 2.2 - Multiple Emission Source(s) Specific Limitations and Conditions A. Facility-Wide The following table provides a summary of the facility-wide limits and standards: Regulated Pollutant Limits/Standards Applicable Regulation Volatile organic Work practice standards 15A NCAC 2D .0958 compounds Toxic air pollutants State-enforceable only 15A NCAC 2Q .0705, 15A NCAC 2Q .0711, 15A NCAC 2D .1100 Permit No. 09941 T02 Page 10 Regulated Pollutant Limits/Standards Applicable Regulation Odors State-enforceable only Odorous emissions must be controlled 15A NCAC 213.1806 1. 15A NCAC 2D.0958: WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC COMPOUNDS a. Pursuant to 15A NCAC 2D .0958,for all sources that use volatile organic compounds(VOC)as solvents,carriers, material processing media, or industrial chemical reactants, or in similar uses that mix,blend,or manufacture volatile organic compounds,or emit volatile organic compounds as a product of chemical reactions;the Permittee shall: i. store all material,including waste material,containing volatile organic compounds in tanks or in containers covered with a tightly fitting lid that is free of cracks,holes,or other defects,when not in use, ii. clean up spills of volatile organic compounds as soon as possible following proper safety procedures, iii. store wipe rags containing volatile organic compounds in closed containers, iv. not clean sponges,fabric,wood,paper products,and other absorbent materials with volatile organic compounds, v. transfer solvents containing volatile organic compounds used to clean supply lines and other coating equipment into closable containers and close such containers immediately after each use,or transfer such solvents to closed tanks,or to a treatment facility regulated under section 402 of the Clean Water Act, A. clean mixing,blending,and manufacturing vats and containers containing volatile organic compounds by adding cleaning solvent and close the vat or container before agitating the cleaning solvent.The spent cleaning solvent shall then be transferred into a closed container,a closed tank or a treatment facility regulated under section 402 of the Clean Water Act. [15A NCAC 2D.0958(c)] b. When cleaning parts with a solvent containing a volatile organic compound,the Permittee shall: i. flush parts in the freeboard area, ii. take precautions to reduce the pooling of solvent on and in the parts, iii. tilt or rotate parts to drain solvent and allow a minimum of 15 seconds for drying or until all dripping has stopped,whichever is longer, iv. not fill cleaning machines above the fill line, v. not agitate solvent to the point of causing splashing. [15A NCAC 2D .0958(d)] Monitoring/Recordkeeping[15A NCAC 2Q.0508(f)] c. To assure compliance with paragraphs(a)and(b)above,the Permittee shall,at a minimum,perform a visual inspection once per month of all operations and processes utilizing volatile organic compounds.The inspections shall be conducted during normal operations. If the required inspections are not conducted the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D .0958. d. The results of the inspections shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each inspection;and ii. the results of each inspection noting whether or not noncompliant conditions were observed. If the required records are not maintained the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D.0958. Reporting[15A NCAC 2Q.0508(f)] e. The Permittee shall submit a summary report of the observations 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. STATE ENFORCEABLE ONLY 2. 15A NCAC 2Q.0705:EXISTING FACILITIES AND SIC CALLS for TOXIC AIR POLLUTANT EMISSIONS LIMITATION REQUIREMENT a. As of September 26,2008,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 Permit No. 09941T02 Page 11 (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 Limitations table listed in Section 2.2 B.3.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. STATE ENFORCEABLE ONLY 3. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REPORTING REQUIREMENTS a. Pursuant to 15A NCAC 2Q .0711 "Emission Rates Requiring a Permit,"for each of the below listed toxic air pollutants(TAPS),the Permittee has made a demonstration that actual emissions do not exceed the Toxic Permit Emission Rates(TPERs)listed in 15A NCAC 2Q .0711. The facility shall be operated and maintained in such a manner that emissions of any listed TAPS from the facility, including fugitive emissions,will not exceed TPERs listed in 15A NCAC 2Q .0711. b. A permit to emit any of the below listed TAPS shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPERs. c. PRIOR to exceeding any of these listed TPERs,the Permittee shall be responsible for obtaining a permit to emit TAPS and for demonstrating compliance with the requirements of 15A NCAC 2D .1100"Control of Toxic Air Pollutants." d. In accordance with the approved application,the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPERs as listed below: TPERs Limitations Pollutant(CAS Number) Carcinogens Chronic Acute Systemic Acute Irritants (lb/yr) Toxicants(lb/day) Toxicants(lb/hr) (lb/hr) ethyl acetate 36 (141-78-6) methyl ethyl ketone 78 22.4 (78-93-3) methyl isobutyl ketone 52 7.6 (108-10-1) n-hexane 23 (110-54-3) toluene 98 14.4 (108-88-3) xylene 57 16.4 (1330-20-7) STATE ENFORCEABLE ONLY 4. 15A NCAC 2D.1100: CONTROL OF TOXIC AIR POLLUTANT EMISSIONS Pursuant to 15A NCAC 2D .1100 and in accordance with the approved application for an air toxic compliance demonstration,the following permit limits shall not be exceeded: Permit No.09941T02 Page 12 Pollutant Emission Source(s) Allowable Emission Rate styrene facility-wide 39.2 lb/hr i. The Permittee shall maintain a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The logbook shall record the following: A. The facility-wide hourly styrene emissions. These emissions can be determined and recorded on a monthly basis. ii. The Permittee shall submit a summary report of monitoring and recordkeeping activities within 30 days after each calendar year half, due and postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December, and July 30 for the preceding six-month period between January and June. The report shall contain the following: A. The single highest,facility-wide hourly emission rate for styrene for the previous six months. 5. 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. SECTION 3 - GENERAL CONDITIONS (version 3.6) 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. Permit No. 09941T02 Page 13 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)(2)] 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 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.0514] 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.0515] 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.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[15ANCAC 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 Permit No.09941T02 Page 14 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. 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 2D;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.I110 and 2D .II11 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.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 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; ff. 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(t)(3). Permit Deviations 3. Pursuant to 15A NCAC 2Q .0508(t)(2),the Permittee shall report deviations from permit requirements(terms and Permit No. 09941T02 Page 15 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. 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 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 writina to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit or to Permit No. 09941T02 Page 16 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 fumish 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[15A NCAC 2Q.0508(t)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[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 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; Permit No. 09941T02 Page 17 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 ofNCGS 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. 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(l)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[15ANCAC 2Q.0505 and.0507] Permit No. 09941 T02 Page 18 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 II 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 11 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.0200] 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). II. Ambient Air Quality Standards [15A NCAC 2D.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. 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: Permit No. 09941T02 Page 19 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.Reopenin$!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 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. Permit No.09941T02 Page 20 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 CH,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)(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 'U"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 Environment 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 1 to Permit 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 CAA Clean Air Act 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