HomeMy WebLinkAboutAQ_F_0200037_20130812_PRMT_Permit 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
August 12, 2013
Mr. David Neff
Plant Manager
Shurtape Technologies,LLC
P.O. Box 1530
Hickory, North Carolina 28603
Dear Mr. Neff:
SUBJECT: Air Quality Pernut No. 04648TIO
Facility ID: 0200037
Shuretape Technologies,LLC—Plant No. 31
Stony Point, North Carolina
Alexander County
Fee Class: Title V
I
In accordance with your completed Air Quality Permit Application for renewal of your Title V
Permit received May 17,2013, we are forwarding herewith Air Quality Permit No. 0464ST10 to Shurtape
Technologies,LLC, 8510 NC Highway 90 East, Stony Point, 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.
The Permittee shall file a Title V Air Quality Permit Application pursuant to 15A NCAC 2Q .0504
for the air emission source(ID No. 21) on or before 12 months after commencing operation
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.
Permitting Section
1641 Mail Service Center,Raleigh,north Carolina 27699-1641
217 West Jones Street,Raleigh,north Carolina 27603
Phone:919-707-84051 Fax:919-715.0717
Internet:www.ncair.org
An Equal Opportunity%NrirmaM Action Employer—Made in part by Recyded Paper
Mr.David Neff
August 12,2013
Page 2
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) 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 15013-22. This request must be submitted in wr•itinr;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 firlfilled 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
143-215.109A and may subject the Pennittcc to civil or criminal penalties as described in GS 143-
215.114A and 143-215.114B.
This Air Quality Permit shall be effective from August 12. 2013 until August 31, 2014, 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.
i
Sincei. van
,
Donder Vaart, Ph.D., P.E.,J.D.
ief
Enclosure
c: Heather-Ceron, EPA Region 4
Ron Slack, Supervisor,Mooresville Regional Office
Central Files
ATTACHMENT to Air Quality Permit No. 04648TIO- Insignificant Activities List
ID No. Emission Source Description
I-31-01 One process solids storage silo and conveying system with associated bin vent
cartridge filter(ID No. I-31-BF-Silo)
I-31-BLR-1 One natural gas/No.2 fuel oil-fired boiler(up to 2.93 million Btu per hour maximum
heat input ca aci )
I-31-BLR-2 One natural gas/No.2 fuel oil-fired boiler(up to 2.76 million Btu per hour maximum
heat input capacity)
I-31-ST-1 One up to 10,000 gallon isopropyl alcohol solution tank
I-31-ST-2 One up to 10,000 gallon process oil storage tank
I-31-ST-3 One up to 11,000 gallon process oil tank
I-31-ST-4 One up to 12,000 gallon resin tank
I-31-ST-4a One up to 8,000 gallon resin tank
I-31-ST-5 One up to 300 gallon virgin cleaning solvent tank
I-31-ST-6 One up to 500 gallon used cleaning solvent tank
I-31-LDPE-1 Four LDPE storage silos(each approximately 6,100 cubic feet volume)controlled by
through two bagfilters and associated conveying system
I-31-LDPE-4
I-PartsCleaner Parts cleaner
I-Corona Corona treater
I-QA/RD QA and R&D
1. Because an activity is insignificant does not mean that the activity is exempted from an applicable requirement or that the
owner or operator of the source is exempted from demonstrating compliance with any applicable requirement.
2. When applicable,emissions from stationary source activities identified above shall be included in determining compliance
with the permit requirements for toxic air pollutants under 15A NCAC 2D.1100"Control of Toxic Air Pollutants"or 2Q
.0711 "Emission Rates Requiring a Permit".
3. For additional information regarding the applicability of GACT see the DAQ page titled "The Regulatory Guide for
Insignificant Activities/Permits Exempt Activities".The link to this site is as follows:http://daq.state.ne.us/permits/insi /
ATTACHMENT to Air Quality Permit No. 04648T10—Table of Changes
Page Section Description
Attachment Insignificant -updated insignificant activities list as specified in the Regional
activities Comments(6-10-2013)
Cover - -amended all dates and permit revision numbers
All Header -amended permit revision number
3 Equipment table -removed calendar line No.23
2.1 A.La -included footnote pertaining to 15A NCAC .0501(c)(2)
4 2.1 A.Lb. -updated testing citation to 15A NCAC 02Q .0508(f)
5 2.1 A.3. -updated condition pertaining to 15A NCAC 02D .0958
6 2.1 A.4. -included PSD avoidance condition limiting VOC emissions to
292.7 tpy
7 2.1A.5. -included GACT Subpart JJJJJJ avoidance condition for natural
as/No. 2 fuel oil-fired boilers(ID Nos. I-BLR-31-1 and 2)
8 General Conditions -updated shell conditions(v3.6)
I
i
State of North Carolina, • 0
Department of Environment,
and Natural Resources
Division of Air Quality NCDENR
AIR QUALITY PERMIT
Permit No. Rep]406.'Vermit No.(s) Effective Date Expiration Date. .
04648T 10 04648T09 August 12, 2013 Au ust 31, 2014
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 2 1 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 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: Shurtape Technologies, LLC
Facility ID: 0200037
Facility Site Location: 8510 NC Highway 90 East
City, County,State,Zip: Stony Point,Alexander County,North Carolina 28678
Mailing Address: P.O.Box 1530
City,State,Zip: Hickory,North Carolina 28603
Application Number: 0200037.13A
Complete Application Date: May 17,2013
Primary SIC Code: 2672
Division of Air Quality, Mooresville Regional Office
Regional Office Address: 610 East Center Ave.
Suite 301
Mooresville,North Carolina 28115
XPertissuedLdofugust,2013
a . vain der aart,Ph.D.,P.E.,J.D.,Chief, Air Permits Section
By 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- Permit Shield for Nonapplicable Requirements
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
List of Acronyms
i
Permit 04648T10
Page 3
Under Title 15A NCAC 2Q,the operation of emission source(s)and associated air pollution control
device(s) and appurtenances listed in this permit is based on plans, specifications,operating parameters, and
other information as submitted in the Air Quality Permit Application.
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 a urtenances:
Emission Emission Source Description Control Control Device
Source ID No. Device ID No. Description
*21 (NSPS, One tape calendar with adhesive NA NA
Subpart RR release agent application processes
22 (NSPS, One film co-extrusion/tape calendar NA NA
Subpart RR) with an adhesive release agent
application process
*This emission source(ID No.21)is listed as a 15ANCAC 2Q.0501(c)(2)modification. The Permittee shall file a Title V Air
Quality Permit Application on or before 12 months after commencing operation in accordance with General Condition NN.1. The
permit shield described in General Condition R does not apply and compliance certification as described in General Condition P is
not required.
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 tape calendar with adhesive release agent application process (ID Nos.21)
One film co-extrusion/tape calendar with an adhesive release agent application process(ID No.
22)
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
Volatile organic Standards of Performance for Pressure Sensitive 15A NCAC 2D .0524
compounds Tape and Label Surface Coating Operations (40 CFR 60, Subpart RR)
Volatile organic Work practice standards 15A NCAC 2D .0958
compounds
1. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS
a. Visible emissions from these sources (ID Nos.21 and 22) 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.
Permit 04648T09
Page 4
Testing [15A NCAC 02Q .0508(f)]
b. If emissions testing is required,the testing shall be performed in accordance with 15A NCAC 2D
.2601 and 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.
Monitorine/Recordkeeping/ReOortine [15A NCAC 2Q .0508(f)]
c. No monitoring/recordkeeping/reporting is required for visible emissions from these sources(ID
Nos.21 and 22).
2. 15A NCAC 2D .0524: NEW SOURCE PERFORMANCE STANDARDS
a. The Permittee shall comply with all applicable provisions, including the emission standards,
notification,testing, monitoring, recordkeeping, and reporting requirements contained in
Environmental Management Commission Standards 15A NCAC 2D .0524"New Source
Performance Standards(NSPS)"as promulgated in 40 CFR 60, Subpart RR, including Subpart A
"General Provisions."
Emission Standards [40 CFR 60.442]
b. On or after the date on which the performance test required by 60.8 has been completed,the owner
or operator shall:
i. cause the discharge into the atmosphere from an affected facility nor more than 0.20 kg
VOC/kg of coating solids applied as calculated on a weighted average basis for one calendar
month; or
ii. demonstrate for each affected facility a 90 percent overall VOC emission reduction as
calculated over a calendar month; or
iii. demonstrate for each affected facility the percent overall VOC emission reduction specified in
60.443(b)as calculated over a calendar month.
Complianee [40 CFR 60.443]
c. To determine compliance with 60.442, the owner or operator of the affected facility shall calculate
a weighted average of the mass of solvent used per mass of coating solids applied for one calendar
month period according to the following procedures:
i, determine the weight fraction of organics and the weight fraction of solids of each coating
applied by using Reference Method 24 or by the coating manufacturer's formulation data.
ii. compute the weighted average by the equation found in 60.443(a)(2).
iii, for each affected facility where the value of G is less than or equal to 0.20 kg VOC/kg of
coating solids applied, the affected facility is in compliance with 60.442(a)(1).
iv. after the initial performance test required for all affected facilities under 60.8, compliance with
the VOC emission limitation and percentage reduction requirements under 60.442 is based on
the average emission reduction for one calendar month. A separate compliance test is
completed at the end of each calendar month after the initial performance test,and a new
calendar month's average VOC emission reduction is calculated to show compliance with the
standard.
v. startups and shutdowns are normal operation for this source category. Emissions fi-om these
operations are to be included when determining if the standard specified in 60.442(a)(2) is
being attained.
The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524, if the procedures for
calculating weighted average of the mass of solvent used per mass of coating solids applied for one
calendar month period in Section 2.1 A.2.6 through v above are not followed or any monthly
calculations for weighted average of the mass of solvent used per mass of coatings applied indicate
the exceedance of emission limit of 0.20 kg VOC/kg of coating solids applied.
Permit 04648T09
Page 5
Performance Tests [40 CFR 60.444]
d. The performance test for affected facilities complying with 60.442 without the use of add-on
controls shall be identical to the procedures specified in 60.443(a). If the results of this test are
above the limit given in Section 2.1 A.2.b above,the Pcrmittec shall be deemed in noncompliance
with 15A NCAC 2D .0524.
MonitorineIRecordkeeping [40 CFR 60.445]
e. i. The owner or operator of an affected facility subject to this Subpart shall maintain a calendar
month record of all coatings used and the results of the reference test method specified in
60.446(a)or the manufacturer's formulation data used for determining the VOC content of
those coatings.
ii. The owner or operator of an affected facility operating at the conditions specified in 60.440(b)
shall maintain a 12-month record of the amount of solvent applied in the coating at the facility.
The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524 if the records in
Section 2.1 A.2.e.i and ii above arc not maintained.
Test Methods and Procedures [40 CFR 60.446)
f. The VOC content per unit of coating solids applied and compliance with 60.442(a)(1)shall be
determined by either Reference Method 24 and the equations specified in 60.443 or by
manufacturer's formulation data. In the event of any inconsistency between a Method 24 test and
manufacturer's formulation data,the Method 24 test will govern. The Administrator may require
an owner or operator to perform Method 24 test during each months as lie deems appropriate. For
Reference Method 24, the coating sample must be a one liter sample taken into a one liter container
at a point where the sample will be representative of the coating applied to the web substrate.
Revortin [40 CFR 60.447 and 15A NCAC 2Q .0508(f)]
g. i. For all affected facilities subject to compliance with 60.442, the performance test data and
results from the initial performance test shall be submitted to the Administrator as specified in
60.8(a)of the General Provisions(40 CFR 60, Subpart A).
ii. Following the initial performance test, the owner or operator of each affected facility shall
submit quarterly reports to the Administrator of exceedences of the VOC emission limits
specified in 60.442. If no such exceedcnccs occur during the particular quarter, a report stating
this shall be submitted to the Administrator semiannually.
iii. The Pernittee shall submit a summary report of monitoring, rccordkecping, and compliance
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.
3. 15A NCAC 2D .0958: WORK PRACTICES FOR SOURCES OF VOLATME ORGANIC
COMPOUNDS
a. Pursuant to 15A NCAC 2D .0958, for all sources that use volatile organic compounds(VOCs)as
solvents,carriers, material processing media,or industrial chemical reactants, or in similar uses that
mix,blend, or manufacture VOCs,or emit VOCs as a product of chemical reactions; the Permittcc
shall:
i. store all material, including waste material,containing VOCs 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 VOCs as soon as possible following proper safety procedures,
iii. store wipe rags containing VOCs in closed containers,
iv. not clean sponges, fabric,wood,paper products, and other absorbent materials with VOCs,
Permit 04648T09
Page 6
v. transfer solvents containing VOCs 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,
vi. clean mixing, blending, and manufacturing vats and containers containing VOCs 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.
b. When cleaning parts with a solvent containing a VOC, 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, and
v. not agitate solvent to the point of causing splashing.
Monitoring/Recordkeepin [15A NCAC 2Q .0508(f)]
c. To assure compliance with Section 2.1 A.3.a and b above,the Permittee shall,at a minimum,
perform a visual inspection once per month of all operations and processes utilizing VOCs. 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 213 .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:
L 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 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.
4. 15A NCAC 02Q .031.7: AVOIDANCE CONDITIONS
ISA NCAC 02D .0530:PREVENTION OF SIGNIFICANT DETERIORATION
a. In order to avoid applicability of this regulation, the above emission sources shall discharge into the
atmosphere less than 292.7 tons of VOCs per consecutive 12-month period. [I5A NCAC 21) .0530]
Monitoring/Recordkeeping [15A NCAC 2Q .0508 (f)]
b. Calculations of VOC emissions per month shall be made at the end of each month. VOC emissions
shall be determined by multiplying the total amount of each type of VOC-containing material
consumed during the month by the VOC content of the material. The Permittee shall be deemed in
noncompliance with 15A NCAC 2D .0530 if the amounts of VOC containing materials or the VOC
emissions are not monitored and recorded.
c. Calculations and the total amount of VOC emissions shall be recorded monthly in a log(written or
electronic format). The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530 if
the VOC emissions exceed this limit.
Reporting [15A NCAC 2Q .0508(f)]
d. The Permittee shall submit a semi-annual summary report, acceptable to the Regional Air Quality
Supervisor, of monitoring and recordkeeping activities postmarked on or before January 30 of each
Permit 04648T09
Page 7
calendar year for the preceding six-month period between July and December, and July 30 of each
calendar year for the preceding six-month period between January and June. The report shall
contain the following:
i. The monthly VOC emissions for the previous 17 months. The emissions must be calculated for
each of the 12-month periods over the previous 17 months.
5. 15A NCAC 02Q .0317: AVOIDANCE CONDITIONS
AVOIDANCE CONDITION FOR AREA SOURCES SUBJECT TO 40 CFR 63 Subpart JJJJJJ
(0)—In accordance with 15A NCAC 2Q .0317, the Permittee is avoiding applicability of 40 CFR 63
Subpart JJJJJJ(6J)"Industrial,Commercial,and Institutional Boilers Area Sources." The Permittee is
permitted to operate two natural gas/No. 2 fuel oil-fired boilers(ID Nos.I-31-BLR-1 and 2). Per 40
CFR 63.11195(e),these sources are exempt from this Subpart because they are defined as gas-fired
boiler(s)in 40 CFR 63.11237. In order to maintain this exemption,the Permittee is allowed to fire
liquid fuel only during periods of gas curtailment, gas supply inteffuptions,startups, or for periodic
testing on liquid fuel(periodic testing not to exceed a combined total of 48 hours during any calendar
year).
a. The Permittee shall maintain records that document the time periods when liquid fuel is fired and
the reasons the liquid fuel is fired.
b. If the Permittee fires liquid fuel for reasons other than gas curtailment, gas supply interruptions,
startups,or for periodic testing on liquid fuel,the Permittee is no longer exempt from Subpart JJJJJJ
(6J). As required by 40 CFR 62.11225(g),the Permittee must provide notice within 30 days of the
fuel switch. The notification must identify:
L The name of the owner or operator of the affected source,the location of the source, the
boiler(s)that have switched fuels, and the date of the notice.
ii. The date upon which the fuel switch occurred.
As required by 40 CFR 63.11210(h),the Permittee must demonstrate compliance within 180 days of the
effective date of the fuel switch.
2.2- Permit Shield for Nonapplicable Requirements
Per 15A NCAC 2Q .0512(a)(1)(13),the Permittee is shielded from the following nonapplicable
requirements as of the date of issuance of this permit based on information furnished with all previous j
applications. This shield does not apply to future modifications or changes in method of operation.
A. One tape calendar with adhesive release agent application process (ID No. 21)
One film co-extrusion/tape calendar with an adhesive release agent application process (ID No.
22)
a. 15A NCAC 2D .0614, Compliance Assurance Monitoring. This regulation does not apply to these
sources because none of the sources use control devices to comply with any applicable
requirements.
b. 15A NCAC 21) .1111, Maximum Achievable Control Technology. 40 CFR 63, Subpart JJJJ
"National Emission Standards for Hazardous Air Pollutants:Paper and Other Web Coating"does
not apply to these sources because the facility is not a Title III major facility.
Permit 04648T09
Page 8
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 Permittec 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(e)and 2Q .0508(i)(16)]
Except as otherwise specified herein,two copies of all docurnents,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
Permit 04648T09
Page 9
All submittals shall include the facility name and Facility ID number(refer to the cover page of this
permit).
E. Duty to Comply[15A NCAC 2Q .0508(i)(3)]
The Permittee shall comply with all terms,conditions,requirements, limitations and restrictions set forth
in this permit.Noncompliance with any permit condition except conditions identified as state-only
requirements constitutes a violation of the Federal Clean Air Act. Noncompliance with any permit
condition is grounds for enforcement action,for permit termination,revocation and re issuance,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 devicc(s)and appurtenances.
G. Permit Modifications
1. Administrative Permit Amendments [15A NCAC 2Q .0514]
The Perrittee 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 Permittce 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 .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 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 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;
Permit 04648T09
Page 10
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:
L 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,1110 and 2D.1111 shall apply where defined by"de)
"Deviations"-for the put-poses 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 horns.
Excess Emissions
1. If a source is required to report excess emissions under NSPS (15A NCAC 2D .0524),NESHAPS
(15A NCAC 2D .I 110 or.I 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
fiom a malfunction,a breakdown of process or control equipment,or any other abnormal
condition,the owner or operator shall:
i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m.Eastern Time
of the Division's next business day of becoming aware of the occurrence and provide:
• name and location of the facility;
• nature and cause of the malfunction or breakdown;
• time when the malfunction or breakdown is first observed;
• expected duration;and
• estimated rate of emissions;
ii. notify the Regional Supervisor or Director immediately when corrective measures have been
accomplished;and
iii. submit to the Regional Supervisor or Director within 15 days a written report as described in
15A NCAC 2D.0535(f)(3).
Permit Deviations
Permit 04648T09
Page 11
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 ineans 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 tern. 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.
Permit 04648T09
Page 12
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)]
l. The Permittee shall furnish to the DAQ, in a timely manner,any reasonable information that the
Director may request in writing to determine whether cause exists for modifying,revoking and
reissuing,or terminating the permit or to determine compliance with the permit.
2. The Permittee shall furnish the DAQ copies of records required to be kept by the permit when such
copies are requested by the Director.For information claimed to be confidential,the Permittee may
furnish such records directly to the EPA upon request along with a claim of confidentiality.
N. Duty to Supplement[15A NCAC 2Q .0507(f)]
The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was
submitted in the permit application,shall promptly submit such supplementary facts or corrected
information to the DAQ. The Permittee shall also provide additional information as necessary to address
any requirement that becomes applicable to the facility after the date a complete permit application was
submitted but prior to the release of the draft permit.
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 3 03 03)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[I5A 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 pennit 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.
Permit 04648T09
Page 13
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 CIean 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 Ai 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 2113.
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 Dntry[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 Permittce'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 enhy or access may constitute grounds for permit revocation and
assessment of civil penalties.
Permit 04648T09
Page 14
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 .03001
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.
A.A. Standard Application Form and Required Information[15A NCAC 2Q .0505 and .0507]
The Permittee shall submit applications and required information in accordance with the provisions of
15A NCAC 2Q .0505 and .0507.
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. Refrzi!erant Requirements(Stratospheric Ozone and Climate Protectiarr) [15A NCAC 2Q
.0501(e)]
1. If the Permittee has appliances or refrigeration equipment, including air conditioning equipment,
which use Class I or 1I ozone-depleting substances such as chlorofluorocarbons and
hydrochlorofluorocarbons listed as refrigerants in 40 CFR Part 82 Subpart A Appendices A and B,the
Permittec 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 Subpar F.
2. The Permittee shall not knowingly vent or otherwise release any Class I or lI 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(e) [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 Permittce 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 T
Permit 04648T09
Page 15
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.
M.Registration 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 he in
accordance with 15A NCAC 2D .0202(b).
11. 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:
1. The owner or operator of the source shall at-range 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 souse shall ensure that the
equipment or process being tested is operated at the production rate that best fidfells 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
Permit 04648T09
Page 16
extension request if lie finds that the extension request is a result of actions beyond the control of
the owner or operator.
a. The Director shall make the final determination regarding any testing procedure deviation and
the validity of the compliance test. The Director may:
(1) Allow deviations from a method specified under a rule in this Section if the owner or
operator of the source being tested demonstrates to the satisfaction of the Director that the
specified method is inappropriate for the source being tested.
(2) Prescribe alternate test procedures on an individual basis when he finds that the alternative
method is necessary to secure more reliable test data.
(3)Prescribe or approve methods on an individual basis for sources or pollutants for which no
test method is specified in this Section if the methods can be demonstrated to determine
compliance of permitted emission sources or pollutants.
b. The Director may authorize the Division of Air Quality to conduct independent tests of any
source subject to a rule in this Subchapter to determine the compliance status of that source or
to verify any test data submitted relating to that source.Any test conducted by the Division of
Air Quality using the appropriate testing procedures described in Section 2D .2600 has
precedence over all other tests.
KK. Reopening for Cause[15A NCAC 2Q .0517]
1. A permit shall be reopened and revised under the following circumstances:
a. additional applicable requirements become applicable to a facility with remaining permit term of
three or more years;
b. additional requirements(including excess emission requirements)become applicable to a source
covered by Title IV;
c. the Director or EPA finds that the permit contains a material mistake or that inaccurate statements
were made in establishing the emissions standards or other terms or conditions of the permit; or
d. the Director or EPA determines that the permit must be revised or revoked to assure compliance
with the applicable requirements.
2. Any permit reopening shall be completed or a revised permit issued within 18 months after the
applicable requirement is promulgated. No reopening is required if the effective date of the
requirement is after the expiration of the permit term unless the term of the permit was extended
pursuant to 15A NCAC 2Q .0513(c).
3. Except for the state-enforceable only portion of the permit, the procedures set out in 15A NCAC 2Q
.0507, .0521,or.0522 shall be followed to reissue the permit. If the State-enforceable only portion of
the permit is reopened,the procedures in 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 Permittce 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 firgitive dust emissions to cause or contribute to substantive complaints or excess
visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust
Permit 04648T09
Page 17
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 fi•oin 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]
l. For modifications made pursuant to 15A NCAC 2Q .0501(c)(2),the Permittee shall file a Title V Air
Quality Permit Application for the au 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 sources)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)(l0), 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.
i
00. Third Party Participation and EPA Review [I5A 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 PoIIutant
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
NOY Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PMro 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