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HomeMy WebLinkAboutAQ_F_0200037_20090921_PRMT_Permit AT"IFY; NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Perdue B. Keith Overcash, P.E. Dee Freeman Governor Director Secretary September 21,2009 Mr. David Neff Plant Manager Shurtape Technologies,LLC P.O. Box 1530 Hickory,North Carolina 28603 Dear Mr.Neff: SUBJECT: Air Quality Permit No. 04648T09 Facility ID: 0200037 Shuretape Technologies,LLC—Plant No. 31 Stony Point,North Carolina Alexander County Fee Class: Title V In accordance with your completed Air Quality Permit A icati for renewal of your Title V Permit received June 23,2009,we are forwarding herewith Air Qu ermit No. 04648T09 to Shurtape Technologies,LLC, 8510 NC Highway 90 East, Stony Point,Nort arolina authorizing the construction and operation, of the emission source(s) and associated air p ut' control device(s) specified herein. Additionally, any emissions activities determined from your it Quality Permit Application as being insignificant per 15A North Carolina Administrative Code 2Q .0503(8)have been listed for informational purposes as an"ATTACHMENT." PleaO,note tke re irements for the annual compliance certification are contained in General Condition P in S ction 3 The u rent owner is responsible for submitting a compliance certification for the a it ear ess of who owned the facility during the year. As the designated responsible cia 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 sour Nres, associated air pollution control device subject to any term or condition of the attached permit understands, and abides by the condition(s)of the attached permit that are applicable to that particular emission source. Permitting Section One 1641 Mail Service Center,Raleigh,North Carolina 27699-1641 NorthCarofina 2728 Capital Blvd.,Raleigh,NC 27604 ;Vaturally Phone:919-715-62371 FAX:919-733-53171 Internet:www.tlags tate.nc.us An Equal Opportunity 1 Affirmative Action Employer Mr. David Neff September 21,2009 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) 15013-23, and filed with both the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,North Carolina 27699-6714 and tV Division of Air Quality,Permitting Section, 1641 Mail Service Center,Raleigh,North Carolina 27699-MI. The form for requesting a formal adjudicatory hearing may be obtained upon request from thepffice of Administrative Hearings. Please note that this permit will be stayed in its entirety upon eipt of the request for a hearing. Unless a request for a hearing is made pursuant to NCGS 150 3, s Air Quality Permit shall be final and binding 30 days after issuance. You may request modification of your Air Quality Permit through informal me s p suant to NCGS 15013-22. This request must be submitted in writing to the Direc or and must ide tify the specific provisions or issues for which the modification is sought. Please note t t this Air Q Permit will become final and binding regardless of a request for informal modificati unless request for a hearing is also made under NCGS 15013-23. The construction of new air pollution emission source(s) and hssociated air pollution control device(s),or modifications to the emission source(s) and air pollution control device(s) described in this permit must be covered under an Air Quality Permit issued by the Division of Air Quality prior to construction unless the Permittee has fulfilled the requirem nts of GS 143-215.108A(b) and received written approval from the Director of the Division o1Air 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 ermittee to civil or criminal penalties as described in GS 143-215.114A and 143-215.114B. This Air Quality Permit s e fectivyom September 21,2009 until August 31,2014,is nontransferable to future own d a and shall be subject to the conditions and limitations as specified therein. Should you have any ques concerning this matter,please contact Mark J. Cuilla at(919)733- 1499 or Mark.Cuilla@ncdenr.gov. Sincerely yours Q� Donald R.van der Vaart,Ph.D., P.E., Chief Enclosure c: Gregg Worley,EPA Region 4(with attachment) Mooresville Regional Office Central Files ATTACHMENT to Air Quality Permit No.04648T09-Insignificant Activities List ID No. Emission Source Description 1-31-01 One clay bulk storage silo and conveying system with associated bin vent cartridge filter(ID No.I-31-BF-Silo) I-31-BLR-1 One No. 2 fuel oil-fired boiler(2.93 million Btu per hour maximum heat input capacity) I-31-BLR-2 One No. 2 fuel oil-fired boiler(2.76 million Btu per hour maximum heat input capacity) I-31-ST-1 One 10,000 gallon isopropyl alcohol solution tank I-31-ST-2 One 10,000 gallon No. 2 fuel oil storage tank I-31-ST-3 One 11,000 gallon process oil tank I-31-ST-4 One 12,000 gallon resin tank I-31-ST-5 One 300 gallon virgin cleaning solvent tank I-31-ST-6 One 500 gallon used cleaning solvent tank I-31-LDPE-1 Four LDPE storage silos(each approximately 6,100 cubic feet volume) and associated through conveying system I-31-LDPE-4 I-PartsCleaner Parts cleaner I-Corona Corona treater I-QA/RD QA and R&D ATTACHMENT to Air Quality Permit No. 04648T09—Table of Changes Page Section Description Attachment Insignificant -put into current format activities -added newly associated device (ID No.I-QA/RD) Cover - -amended all dates and permit revision numbers TOC - -removed references to Part I/Part II -moved current Section 2.3 to Section 2.2 (with the deletion of that Section) All Header -amended permit revision number 3 Equipment table -added NSPS Subpart designations A16- 2.1 A.La -added ID numbers 4 2.1 A.Lb -corrected testing rule citation 2.1 A.Lc -added ID numbers 5-6 2.1 A.3 (new) -moved 2D .0958 language from now deleted Section 2.2 to this position 6 2.2 (new) -moved previous Section 2.3 language to this position 7-16 General Conditions -updated shell conditions(v2.22.1) State of North Carolina, LFWA Department of Environment, IF 0 9F and Natural Resources vi A�=a Division of Air Quality NCDENR AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Effective Date Expiration Date 04648T09 I 04648T08 September 21, 2009 August 31,2014 Until such time as this permit expires or is modified or revoked,the below named Permittee spermitted to construct and operate the emission source(s) and associated air pollution control device(s) s cif led herein, in accordance with the terms, conditions, and limitations within this pe 't. This permit ' issued under the provisions of Article 21 B of Chapter 143, General Statutes of North Ca ling as amended, and Title 15A North Carolina Administrative Codes(15A NCAC), Subchapters 2D an Q, and ther applicable Laws. Pursuant to Title 15A NCAC, Subchapter 2Q,the Permittee s 1 no',construct,operate,or modify any emission source(s)or air pollution control device(s)witho av g first submitted a complete Air Quality Permit Application to the permitting authority and recei d an Air Quality Permit,except as provided in this permit. Permittee: Shurtape ogies, LLC Facility ID: 0200037. Facility Site Location: 510 ghway 90 East City, County, State,Zip: int,Alexander County,North Carolina 28678 Mailing Address: .O. ox 1530 City, State,Zip: kory,North Carolina 28603 Application Numb 0200037.09A Complete Application D June 23,2009 Primary S ode. 2672 Division uali Mooresville Regional Office Region O ss: 610 East Center Ave. Suite 301 Mooresville,North Carolina 28115 Pe it ' th st day of September, 2009 Q�tc Donald R.van der Vaart,Ph.D.,P.E., Chief,Air Permits Section By Authority of the Environmental Management Commission Table Of Contents SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS 2.1- Emission Source(s) Specific Limitations and Conditions (Including specific requirements, testing,monitoring,recordkeeping, and reporting requirements) 2.2- Permit Shield for Nonapplicable Requirements SECTION 3: GENERAL PERMIT CONDITIONS ATTACHMENT List of Acronyms Permit 04648T09 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 appurtenances: Emission Emission Source Description Control Control Device Source ID No. Device ID No. Description 21 and 23 Two tape calendars with adhesive NA NA (NSPS, release agent application processes Subpart RR 22 (NSPS, One film co-extrusion/tape calendar NA NA Subpart RR) with an adhesive release agent application process l SECTION 2 - SPECIFIC LIMITATIONSFA N IONS 2.1- Emission Source(s) and Control Devi ecif Limitations and Conditions The emission source(s) and associated air pollut' n conTrol device(s) and appurtenances listed below are subject to the following specific terms,condi ' n itations, including the testing,monitoring, recordkeeping, and reporting requirements s s eci herein: A. Two tape calendars with adhesive rele age application processes(ID Nos.21 and 23) One film co-extrusion/tape Calendar with adhesive release agent application process(ID No. 22) The following table provides a summSmits 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 213 .0524 compounds Tape and Label Surface Coating Operations (40 CFR 60, Subpart RR) Volatile organic Work practice standards 15A NCAC 213 .0958 compounds 1. 1 2D .0521: CONTROL OF VISIBLE EMISSIONS a. V sible emissions from these sources(ID Nos.21 through 23) 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 2D .2601] 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. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for visible emissions from these sources (ID Nos. 21 through 23). 2. 15A NCAC 2D .0524: NEW SOURCE PERFORMANCE STANDARDS a. The Permittee shall comply with all applicable provisions,including the emissn 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, SubpareRR, including Subpart A "General Provisions." Emission Standards [40 CFR 60.442] b. On or after the date on which the performance test required by Chas:ben completed,the owner or operator shall: i. cause the discharge into the atmosphere from an cte facility nor more than 0.20 kg VOC/kg of coating solids applied as calculate i a ghte�average basis for one calendar month; or , ii. demonstrate for each affected facility a 90 percent overal 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 calenda onth-..,, Compliance [40 CFR 60.443] c. To determine compliance with 60.44 , e ner or operator of the affected facility shall calculate a weighted average of the mass of solve sed per mass of coating solids applied for one calendar month period according to the folloAK procedures: i. determine the weight fraction oiPorganics 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).a iv. ter the initial performance test required for all affected facilities under 60.8, compliance with VOC emission limitation and percentage reduction requirements under 60.442 is based on e�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. tartups and shutdowns are normal operation for this source category. Emissions from 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.c.i 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 Permittee shall be deemed in noncompliance with 15A NCAC 2D .0524. Monitoring/Recordkeeping [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 specif d in 60.446(a) or the manufacturer's formulation data used for determining the VOC c ent 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 are not maintained. c` Test Methods and Procedures [40 CFR 60.4461 Jkl 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 inc istency been a Method 24 test and manufacturer's formulation data,the Method 24 test govern. The Administrator may require an owner or operator to perform Method 24 test d h monVs as he deems appropriate. For Reference Method 24,the coating sample must a one li er sample taken into a one liter container at a point where the sample will be represent ti of the c timg applied to the web substrate. Reporting [40 CFR 60.447 and 15A Q . 5 g. i. For all affected facilities subject�co iance with 60.442,the performance test data and results from the initial performance est all be submitted to the Administrator as specified in 60.8(a) of the General Provisions ( CFR 66, 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 exceedences occur during the particular quarter, a report stating this shall be submitted to the 1oministrator semiannually. iii. The Permittee shall submit a summary report of monitoring,recordkeeping, 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 o this permit must be clearly identified. 3. 15A CA 2D .0938: WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC OMPOUNDS� a. u1f to 15A NCAC 2D .0958, for all sources that use volatile organic compounds(VOCs) as s nts, carriers,material processing media, or industrial chemical reactants, or in similar uses that m x,blend, or manufacture VOCs, or emit VOCs as a product of chemical reactions, and whose emissions of VOCs are greater than 15 pounds per day;the Permittee 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 'ng '1 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/Recordkeeping [15A NCAC 2Q .0508(f)] I 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 the requiriospections are not conducted the Permittee shall be deemed to 1: in non pl' ce with 15A NCAC 2D .0958. d. The results of the inspections shall be maintained ' to ok( itten or electronic format) on-site and made available to an authorized representati e upon re s he logbook shall record the following: i. the date and time of each inspection; an ii. the results of each inspection noting whe he r oncompliant conditions were observed. If the required records are not maint ' ed the ee shall be deemed to be in noncompliance with 15A NCAC 2D .0958. Reporting [15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summaryVrertof 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 th equirements of this permit must be clearly identified. 2.2- Permit S d No applicable Requirements Per 15A NCA 05 a)(1)(B),the Permittee is shielded from the following nonapplicable requirements as of theffate of issuance of this permit based on information furnished with all previous ap lications.TThis shield does not apply to future modifications or changes in method of operation. A. o e calendars with adhesive release agent application processes(ID Nos. 21 and 23) O lm -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 2D .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 7 SECTION 3 - GENERAL CONDITIONS (v2.22.1) This section describes terms and conditions applicable to this Title V facility. A. General Provisions [NCGS 143-215 and 15A NCAC 2Q.0508(i)(16)] 1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 2D and 2Q. 2. The terms,conditions,requirements,limitations,and restrictions set forth in this permit are binding and enforceable pursuant to NCGS 143-215.114A and 143-215.114B,including assessm t of civil and/or criminal penalties.Any unauthorized deviation from the conditions of this permitlay 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 ,nay be required for other aspects of the facility which are not addressed in this permit. IF 4. This permit does not relieve the Permittee from liability for harm or injuiy4 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 ErAn the North Carolina Environmental Management Commission. 5. Except as identified as state-only requirements in this permit,all terms and gonditions contained herein shall be enforceable by the DAQ,the EPA,and ci ' e s of the United States as defined in the Federal Clean Air Act. 6. Any stationary source of air pollution shall not be ote aintakied,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 requirenignta A permitted installation may only be operated,maintained,constructed,expanded,or modi ie in a manner that is consistent with the terms of this permit. B. Permit Availability[15A NCAC 2 .0507(k)and.0508(i)(9)(13)] The Permittee shall have availaktoofte facility a copy of this permit and shall retain for the duration of the permit term one complet co of the application and any information submitted in support of the application package. The ermit and application shall be made available to an authorized representative of Department of Envi n ent and Natural Resources upon request. C. Severabitity Clause[15A NCAYQ .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 h�d to beYalid, shall remain valid and must be complied with. D. SubmissionC 2Q .0507(e)and 2Q .0508(i)(16)] Except as se specified herein,two copies of all documents,reports,test data,monitoring data, notifications equest for renewal,and any other information required by this permit shall be submitted to the appro sate 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 8 E. Duty to Comply[I 5A 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 n overall reduction in air pollution. Unless otherwise specified by this permit,no emission source ma e operated without the concurrent operation of its associated air pollution control device(s)and appurtena es. G. Permit Modifications 1. Administrative Permit Amendments [15A NCAC 2Q .0514] The Permittee shall submit an application for an administrative permit a earn t 1 ccordance with 15A NCAC 2Q .0514. 2. Transfer in Ownership or Operation and Application Submittal Content [15AJNCC 2Q.0524 and 2Q .0505] The Permittee shall submit an application for an ownership chan accor ance with 15A NCAC 2Q.0524 and 2Q .0505. 3. Minor Permit Modifications [15A NCAC 2Q . 515] The Permittee shall submit an application for min e odi cation in accordance with 15A NCAC 2Q .0515. 4. Significant Permit Modifications [15A NCAC 2 0516] The Permittee shall submit an application fo cant rmit modification in accordance with 15A NCAC 2Q .0516. 5. Reopening for Cause [15A NCAC 2 5 The Permittee shall submit an app ' atio for opening for cause in accordance with 15A NCAC 2Q .0517. H. Chan es Not Re uirin Pert Modificati s 1. Reporting Requirements. AK Any of the following that would reVt in new or increased emissions from the emission source(s) listed in Section 1 must be repo to the Regional Supervisor,DAQ: a. changes in the informaticWgubinitted in the application; b. changes that modify equipment or processes; or c. changes in the quantity or quality of materials processed. If appro 'ate,modifications to the permit may then be made by the DAQ to reflect any necessary Chan in e pe nditions. In no case are any new or increased emissions allowed that will cause a violati mi ion limitations specified herein. ction (b)(10)Changes [15A NCAC 2Q .0523(a)] tion 502(b)(10)changes"means changes that contravene an express permit term or condition. uch changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring(including test methods), recordkeeping,reporting,or compliance certification requirements. b. The Permittee may make Section 502(b)(10)changes without having the permit revised if: i. the changes are not a modification under Title I of the Federal Clean Air Act; ii. the changes do not cause the allowable emissions under the permit to be exceeded; iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is made; and iv. the Permittee shall attach the notice to the relevant permit. c. The written notification shall include: Permit 04648T09 Page 9 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 a er 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,includin su quently adopted maximum achievable control technology standards,emissions trading shall be all q} ed without permit revision pursuant to 15A NCAC 2Q .0523(c). I.A.Reporting Requirements for Excess Emissions and Permit Deviatioll� [15A NCAC 2D .0535(f)and 2Q .0508(f)(2)] "Excess Emissions"-means an emission rate that exceeds any applica a emiss n limitation or standard allowed by any rule in Sections .0500, .0900, .1200,or.1400 ubcha or by a permit condition; or that exceeds an emission limit established in a permit is d urtder 15A NCAC 2Q .0700. (Note: Definitions of excess emissions under 2D.1110 and 2D ll 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 attri table 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 ex ess emissions under NSPS(15A NCAC 2D .0524),NESHAPS (15A NCAC 2D .1110 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 (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 21V535 as follows: a. Pursuant to 15A NCAC 2D$) 35,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: na d location of the facility; na e and cause of the malfunction or breakdown; e when the malfunction or breakdown is first observed; expected duration; and • estimated rate of emissions; 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 04648T09 Page 10 Permit Deviations 3. Pursuant to 15A NCAC 2Q .0508(f)(2),the Permittee shall report deviations from permit requirements(terms and conditions)as follows: a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A NCAC 2D .0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of such deviation and any corrective actions or preventative actions taken. The responsible official shall certify all deviations from permit requirements. I.B.Other Requirements under 15A NCAC 2D.0535 The Permittee shall comply with all other applicable requirements contained in 15A NCAC .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 consider olation of the appropriate rule unless the owner or operator of the sources demonstrates to the Direct at 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)(l1t ough(7) 2. 15A NCAC 2D .0535(g). Excess emissions during start-up and shutdown shall be coXidered 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 reNpect to emergencies: 1. An emergency means any situation arising from suddZ reasokbly 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 affigative 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 operatirif logs or other relevant evidence that include information as follows: a. an emergency occurred and the Perfl6ittee 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 enforce, t proceeding,the Permittee seeking to establish the occurrence of an emergency has the burden%f dof. This provisio s 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 permit is issued for a fixed term of five years for facilities subject to Title IV requirements and for a term not to exceed five years in the case of all other facilities. This permit shall expire at the end of its term. Permit expiration terminates the facility's right to operate unless a complete 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 permit shall not expire until the renewal permit has been issued or denied. All terms and conditions of this permit shall remain in effect until the renewal permit has been issued or denied. Permit 04648T09 Page 11 L. Need to Halt or Reduce Activity Not a Defense [15A NCAC 2Q .0508(i)(4)] It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. M. Duty to Provide Information(submittal of information) [15A NCAC 2Q .0508(i)(9)] 1. The Permittee shall furnish to the DAQ,in a timely manner,any reasonable information that the Director may request in writing to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit or to determine compliance with the permit. 2. The Permittee shall furnish the DAQ copies of records required to be kept by the permit w en such copies are requested by the Director.For information claimed to be confidential,the Perfi5ttee 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 aAomplete permi application was submitted but prior to the release of the draft permit. O. Retention of Records [15A NCAC 2Q .0508(f)and 2Q .050 ] v The Permittee shall retain records of all required monitoringOata And supporting information for a period of at least five years from the date of the monitoring sample,measurel nt,report,or application. Supporting information includes all calibration and maintenance reco s 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 oft ' t shall be kept on site and made available to DAQ personnel for inspection upon request. P. Compliance Certification [15A NCA Q�08(n ] The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsyth Street,Atlanta, CA 30303)postparked on or before March 1 a compliance certification(for the preceding calendar year)by a responsiMKofficial 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 e kterm 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. Permit 04648T09 Page 12 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 pe t 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 .05 The Director may terminate,modify,or revoke and reissue this permit if: 1. the information contained in the application or presented in support ther INte ed to be incorrect; 2. the conditions under which the permit or permit renewal was granted have change , 3. violations of conditions contained in the permit have occurred; 4. the EPA requests that the permit be revoked under 40 CFR 70.7(Aor 70.8(d);or 5. the Director finds that termination,modification,or revoc n and reissuance of the permit is necessary to carry out the purpose of NCGS Chapter 1 le 21B. T. Insignificant Activities [15A NCAC 2Q .0503] Because an emission source or activity is insignifiean oes not mea that the emission source or activity is exempted from any applicable requirement or that th%caner or operator of the source is exempted from demonstrating compliance with any applicable require e'ATI.L The Permittee shall have available at the facility at all times and made available to authorized presentative upon request,documentation, including calculations,if necessary,to emo trate that an emission source or activity is insignificant. U. Property Rights [I 5A NCAC 2Q .0508(i) This permit does not convey o t ri in either real or personal property or any exclusive privileges. ` V. Inspection and Entry[15 NCAC� .0508(1)and NCGS 143-215.3(a)(2)] 1. Upon presentation of gedentials 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 conducted,or where records are kept under the conditions of the permit; b ie access to and copy,at reasonable times,any records that are required to be kept under the conditions 9f the permit; inspect at reasonable times and using reasonable safety practices any source,equipment -4, (including monitoring and air pollution control equipment),practices,or operations regulated or fired under the permit; and ample 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. Permit 04648T09 Page 13 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 [I5A NCAC 2Q.0207] The Permittee shall report by June 30 of each year the actual emissions of each air pollutant 1}'sted in 15A NCAC 2Q .0207(a)from each emission source within the facility during the previous calendalkyear. 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 [I5A NCAC 2Q .0107 and 2Q. 0508(i)(9)] Whenever the Permittee submits information under a claim of confidentialityZc\NE NCAC 2Q .0107,the Permittee may also submit a copy of all such information and laiPA upon request. All requests for confidentiality must be in accordance with 1 07. Z. Construction and Operation Permits [I5A NCAC 2Q.0100 and.0 ] A construction and operating permit shall be obtained by the ttee roposed new or modified facility or emission source which is not exempted from hay' a rmit prior to the beginning of construction or modification,in accordance with all ap b visi s of 15A NCAC 2Q .0100 and .0300. AA. Standard Application Form and Required Information [15 NCAC 2Q.0505 and.0507] The Permittee shall submit applications and e ' ed informat on in accordance with the provisions of 15A NCAC 2Q .0505 and.0507. Ar BB.Financial Responsibility and Compliance History 15A NCAC 2Q .0507(d)(3)] The DAQ may require an apphic^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)] I. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment, which use Class I or H,,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 A 82 Subpart F. 2. The PennittigeO4 all not knowingly vent or otherwise release any Class I or II substance into the environment-during the repair, servicing,maintenance,or disposal of any such device except as provided in 40 CFR Part 82 Subpart F. 3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR 82.166. rts shall be submitted to the EPA or its designee as required. DD. Prevention of Accidental Releases-Section 112(r) [I 5A 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. Permit 04648T09 Page 14 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 [15ANCAC 2Q .0508(i)(1)] This permit does not limit the number of Title IV allowances held by the Permittee,but the Pe .ttee may not use allowances as a defense to noncompliance with any other applicable requirement. T ermittee's emissions may not exceed any allowances that the facility lawfully holds under Title IV of the ederal Clean Air Act. GG.Air Pollution Emergency Episode [15A NCAC 2D .0300] Should the Director of the DAQ declare an Air Pollution Emergency Episod ,the Permittc�e,will be required to operate in accordance with the Permittee's previously approved mission Redu tion Plan or, in the absence of an approved plan,with the appropriate requirements specified in 15A�TCAC 2D .0300. HH.Registration of Air Pollution Sources [15A NCAC 2D.0200] �� The Director of the DAQ may require the Permittee to registe ource%4Wktion. If the Permittee is required to register a source of air pollution,this registratio n auired information will be in accordance with 15A NCAC 2D .0202(b). II. Ambient Air Quality Standards [I 5A NCAC 2D .0501(c)] In addition to any control or manner of operation necessary to et emission standards specified in this permit,any source of air pollution shall be operated with s control or in such manner that the source shall not cause the ambient air quality standards 'AM94WAC 2D .0400 to be exceeded at any point beyond the premises on which the sou;ce is locate When controls more stringent than named in the applicable emission standards in this permit are r ed to prevent violation of the ambient air quality standards or are required to c:5:r Met,t e t shall contain a condition requiring these controls. JJ. General Emissions Testing Reguirements [15A NCAC 2Q.0508(i)(16)] If emissions testing is required by this permit or the DAQ or if the Permittee submits emissions testing to the DAQ in support of ape appl' ation or to demonstrate compliance,the Permittee shall perform such testing in accordance wit NCAC 2D .2600 and follow the procedures outlined below: 1. The Permittee shall submit completed Protocol Submittal Form to the DAQ Regional Supervisor at least 45 days prior to the scheduled test date. A copy of the Protocol Submittal Form may be obtained from e Regional Supervisor. 2. T ttee notify the Regional Supervisor of the specific test dates at least 15 days prior to tes er afford the DAQ the opportunity to have an observer on-site during the sampling ogr 'ng a ampling periods,the Permittee shall operate the emission source(s)under maximum o perating conditions or alternative operating conditions as deemed appropriate by the nal Supervisor or his delegate. 4. T e Permittee shall submit two copies of the test report to the DAQ. The test report shall contain at a minimum the following information: a. a description of the training and air testing experience of the person directing the test; b. a certification of the test results by sampling team leader and facility representative; c a summary of emissions results and text detailing the objectives of the testing program,the applicable state and federal regulations,and conclusions about the testing and compliance status of the emission source(s); Permit 04648T09 Page 15 d. a detailed description of the tested emission source(s)and sampling location(s)process flow diagrams,engineering drawings,and sampling location schematics should be included as necessary; e. all field,analytical,and calibration data necessary to verify that the testing was performed as specified in the applicable test methods; f. example calculations for at least one test run using equations in the applicable test methods and all test results including intermediate parameter calculations;and g. documentation of facility operating conditions during all testing periods and an explanation relating these operating conditions to maximum normal operation. If necessary,prow' e historical process data to verify maximum normal operation. 5. The testing requirement(s) shall be considered satisfied only upon written approval t t results by the DAQ. 6. The DAQ will review emission test results with respect exclusively to the spe ' e ting ob ives as proposed by the Permittee and approved by the DAQ. KK.Reopening for Cause [15A NCAC 2Q .05171 1. A permit shall be reopened and revised under the following circumstances: a. additional applicable requirements become applicable to a facility with r ing permit term of three or more years; b. additional requirements(including excess emission r emen e applicable to a source covered by Title IV; c. the Director or EPA finds that the permit conta' is stake or that inaccurate statements were made in establishing the emissions stan rds or o t s or conditions of the permit;or d. the Director or EPA determines that the i� t must be e ed or revoked to assure compliance with the applicable requirements. 2. Any permit reopening shall be complete revised t issued within 18 months after the applicable requirement is promulgated. No eo ning is required if the effective date of the requirement is after the expiration of the pe term unless the term of the permit was extended pursuant to 15A NCAC 2Q .0513(c 3. Except for the state-enforceable onlVteissue the permit,the procedures set out in 15A NCAC 2Q .0507, .0521,or.0522 shall be follo the permit. If the State-enforceable only portion of the permit is reopened i ocedures4n 15A NCAC 2Q .0300 shall be followed. The proceedings shall affect only those parttf the t for which cause to reopen exists. 4. The Director shall notify the R tf tee at least 60 days in advance of the date that the permit is to be reopened,except in cases of ill ent threat to public health or safety the notification period may be less than 60 days. 5. Within 90 days,or 18Vys if the EPA extends the response period,after receiving notification from the EPA that a permit eeds to be terminated,modified,or revoked and reissued,the Director shall send to the EPA a proposed determination of termination,modification,or revocation and reissuance, as appropriate. LL.Reporting Requirements for Non-Operating Equipment [15A NCAC 2Q .0508(i)(16)] The Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from and placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the permit shall be implemented within the monitoring period. MM. Fugitive Dust Control Requirement[15A NCAC 2D.0540] -STATE ENFORCEABLE ONLY As required by 15A NCAC 2D .0540"Particulates from Fugitive Dust Emission Sources,"the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR,Appendix A),the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). Permit 04648T09 Page 16 "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. 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 b gin operation of the air emission source(s)and associated air pollution control device(s)untiTS 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(aN), 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. Th 1 en notification shall include: V-01 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 he change. In addition to this notification requirement,with the next signifi nt modification or Air Quality Permit renewal,the Permittee shall submit a page "E5" of the applicatioo s 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. �1 Permit 04648T09 Page 17 ATTACHMENT List of Acronyms AOS Alternate Operating Scenario BACT Best Available Control Technology Btu British thermal unit 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 NCAC North Carolina Administrative Code NCGS North Carolina General Statutes NESHAP National Emission Standards for Hazardous Air P uta NOx Nitrogen Oxides NSPS New Source Performance Standard OAH Office of Administrative Hearings PM Particulate Matter PMI0 Particulate Matter with Nominal A a ter of 10 Micrometers or Less POS Primary Operating Scenario /k, PSD Prevention of Significant Deterioration RACT Reasonable Available Control Technology SIC Standard Industrial Classification SIP State Implementation Plan SO2 Sulfur Dioxide tpy Tons Per Year VOC Volatile Organic Compoun