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HomeMy WebLinkAboutAQ_F_0800081_20121017_PRMT_Permit_T29 A 70;A NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director Secretary October 17, 2012 Mr. Michael A. Smith Vice President Valley Proteins—Lewiston Division P.O. Box 3588 Winchester, Virginia 22604-2590 SUBJECT: Air Quality Permit No. 03085T29 Facility ID: 0800081 Valley Proteins—Lewiston Division Lewiston Woodville,Bertie County Fee Class: Title V Dear Mr. Smith: In accordance with the your completed Air Quality Permit Application for ownership/name change of your Title V permit received October 1, 2012, we are forwarding herewith Air Quality Permit No. 03085T29 to Valley Proteins—Lewiston Division, 3539 Governors Road,Lewiston Woodville,North Carolina, authorizing the construction and operation of the emission source(s) and associated air pollution control device(s) specified herein. Additionally, any emissions activities determined from your Air Quality Permit Application as being insignificant per 15A North Carolina Administrative Code 2Q .0503(8)have been listed for informational purposes as an "ATTACHMENT." Please note the requirements for the annual compliance certification are contained in General Condition P in Section 3. The current owner is responsible for submitting a compliance certification for the entire year regardless of who owned the facility during the year. As the designated responsible official, it is your responsibility to review, understand, and abide by all of the terms and conditions of the attached permit. It is also your responsibility to ensure that any person who operates any emission source and associated air pollution control device subject to any term or condition of the attached permit reviews, understands, and abides by the condition(s) of the attached permit that are applicable to that particular emission source. Permitting Section One 1641 Mail Service Center,Raleigh,North Carolina 27699-1641 NorthCarohna 217 West Jones St.,Raleigh,North Carolina 27603 ;Vaturallff Phone:919-707-8405/FAX 919-715-0717/Internet:www.ncair.oro An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Michael A. Smith October 17, 2012 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 the Division of Air Quality,Permitting Section, 1641 Mail Service Center,Raleigh,North Carolina 27699- 1641. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Please note that this permit will be stayed in its entirety upon receipt of the request for a hearing. Unless a request for a hearing is made pursuant to NCGS 15013-23,this Air Quality Permit shall be final and binding 30 days after issuance. You may request modification of your Air Quality Permit through informal means pursuant to NCGS 15013-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that this Air Quality Permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under NCGS 150B-23. The construction of new air pollution emission source(s)and associated air pollution control device(s), or modifications to the emission source(s)and air pollution control device(s)described in this permit must be covered under an Air Quality Permit issued by the Division of Air Quality prior to construction unless the Permittee has fulfilled the requirements of GS 143-215.108A(b)and received written approval from the Director of the Division of Air Quality to commence construction. Failure to receive an Air Quality Permit or written approval prior to commencing construction is a violation of GS 143-215.108A and may subject the Perinittee to civil or criminal penalties as described in GS 143- 215.114A and 143-215.114B. This Air Quality Permit shall be effective from October 22, 2012 until April 30,2014, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. Should you have any questions conceriliR. ase cont ct Mark J. Cuilla, EIT, CPM, at (919) 707-8738 or Mark.Cuilla@ncdenr.gov. Sinceyours, van der Vaart, Ph.D., J.D., P.E., Chief Enclosure c: Gregg Worley, EPA Region IV (with review) Washington Regional Office Central Files Attachment: Insignificant Activities per 15A NCAC 2Q .0503(8) ID Number Equipment Description IES17 Poultry meal conveyance system I-WWTP Wastewater treatment system 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". Attachment: Table of Changes associated with permit 03085T29 Page` Section Description of Change Attachment Insignificant activities -removed reference to refrigeration system(ID No. I-ES-6) and propane-fired singers (ID Nos. I-ES-7). These sources were moved to the new synthetic minor permit for Perdue Farms. -added shell asterisk language Cover - -amended permit revision number and all dates -changed facility name from Perdue Farms, Inc.to Valley Proteins—Lewiston Division -changed facility mailing address to that of the Responsible Official All Header -amended permit revision number 3-6 Equipment Table -removed reference to boilers (ID Nos. ES-4 and ES-5), three live poultry receiving and handling systems (ID Nos. ES-1 through ES-3), and emergency generators (ID Nos. ES-22A and ES-2213). These sources were moved to the new synthetic minor permit for Perdue Farms. -added GACT designations where necessary 6 2.1 A -removed section entirely with the removal of sources to Perdue Farms 6-7 2.1 B (table) -added reference to area source GACT permit limits 11-13 2.1 B.6 -added unshielded permit condition for 15A NCAC 2D .1111 (40 CFR 63, Subpart JJJJJJ) 16 2.1 E -removed section entirely with the removal of sources to Perdue Farms 19 2.2 A.1 -removed section entirely with the removal of sources to Perdue Farms 21-31 General Conditions -updated shell conditions(v3.6) State of North Carolina, TIKW Department of Environment, 4 and Natural Resources Division of Air Quality NCDENR AIR QUALITY PERMIT Permit No. Replaces Permit No. Issuance Date Effective Date Expiration Date 03085T29 03085T28 I October 17,2012 I October 22,2012 April 30,2014 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 21B of Chapter 143, General Statutes of North Carolina as amended, and Title 15A North Carolina Administrative Codes (15A NCAC), Subchapters 2D and 2Q, and other applicable Laws. Pursuant to Title 15A NCAC, Subchapter 2Q,the Permittee shall not construct, operate, or modify any emission source(s) or air pollution control device(s) without having first submitted a complete Air Quality Permit Application to the permitting authority and received an Air Quality Permit, except as provided in this permit. Permittee: Valley Proteins - Lewiston Division Facility ID: 0800081 Facility Site Location: 3539 Governors Road City, County, State, Zip: Lewiston Woodville,Bertie County,North Carolina 27849 Mailing Address: P.O.Box 3588 City, State, Zip: Winchester,Virginia 22604-2590 Application Number: 0800081.12A Complete Application Date: October 1, 2012 Primary SIC Code: 2015,2077 Division of Air Quality, Washington Regional Office Regional Office Address: 943 Washington Square Washington,North Carolina 27889 Permit i ed this the 17 day of October, 2012 onald R. van de D.,J.D.,P.E., Chief,Air Permits Section o the Environmental Management Commission Table of Contents SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS 2.1 - Emission Source(s) Specific Limitations and Conditions (Including specific requirements,testing,monitoring,recordkeeping, and reporting requirements) 2.2- Multiple Emission Source(s) Specific Limitations and Conditions (Including specific requirements,testing,monitoring,recordkeeping, and reporting requirements) SECTION 3: GENERAL PERMIT CONDITIONS ATTACI-IMENT List of Acronyms Permit 03085T29 Page 3 SECTION 1- PERMITTED EMISSION SOURCE(S) AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S) AND APPURTENANCES The following table contains a summary of all permitted emission sources and associated air pollution control devices and appurtenances: Emission Emission Source Description Control Control Device Description Source ID.No„ Device ES-8 Two natural gas/saleable animal fat/No. 6 CD-10F One packed bed scrubber ES-9 fuel oil-fired boilers(84 million Btu per hour (288 to 575 gallon per minute (GACT, maximum heat input capacity, each) normal operating range) Subpart utilizing water, air, and filter JJJJJd) media to reduce PM and SOz emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment ES-11 One poultry meal storage silo CD-1 IA Two collapsible bagfilters(38 CD-11B square feet of filter area, _ each ES-12 One poultry meal storage silo CD-12A Two collapsible bagfilters(38 CD-12B square feet of filter area, each) ES-13 One poultry meal storage silo CD-13A Two collapsible bagfilters(38 CD-13B square feet of filter area, each ES-14 One poultry meal storage silo CD-14A Two collapsible bagfilters(38 CD-14B square feet of filter area, each) ES-15 One poultry meal storage silo CD-15A Two collapsible bagfilters(38 CD-15B square feet of filter area, each) ES-16 One poultry meal storage silo CD-16A Two collapsible bagfilters(38 CD-16B square feet of filter area, each) ES-19 Poultry meal loadout area(54 tons per hour NA NA capacity) ES-23 Two natural gas-fired temporary, back-up NA NA ES-24 boilers(less than 90 million Btu per hour (NSPS, maximum heat input capacity each) Subpart Dc) Permit 03085T29 Page 4 Emission Emission Source Description Control Control Device Description Source ID No. Device ID No. ES-10A.1* One poultry by-product cooker and one dual- CD-10E One venturi wet scrubber use feather/poultry by-product cooker (voluntary for odor control state-only requirement) CD-1 OD One two-stage crossflow wet scrubber(500 gallons per minute nominal liquid injection rate per stage) and a dry filter mist eliminator CD-1 OF One packed bed scrubber (288 to 575 gallon per minute normal operating range) utilizing water, air, and filter media to reduce PM and SO2 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment ES-10A.2* One feather dryer and one hydrolyzer CD-10E One venturi wet scrubber (voluntary for odor control state-only requirement) CD-1 OD One two-stage crossflow wet scrubber(500 gallons per minute nominal liquid injection rate per stage) and a dry filter mist eliminator CD-10F One packed bed scrubber (288 to 575 gallon per minute normal operating range) utilizing water, air, and filter media to reduce PM and SO2 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment Permit 03085T29 Page 5 Emission Emission Source Description Control Control Device Description Source ID No. Device ID No. ES-lOB* Poultry by-product presses and preheater CD-lOD One two-stage cross flow wet scrubber(500 gallons per minute nominal liquid injection rate per stage)and a dry filter mist eliminator CD-1 OF One packed bed scrubber (288 to 575 gallon per minute normal operating range) utilizing water, air, and filter media to reduce PM and SO2 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment ES-1 OD* Process room air collection CD-1 OD One two-stage cross flow wet scrubber(500 gallons per minute nominal liquid injection rate per stage)and a dry filter mist eliminator CD-1 OF One packed bed scrubber (288 to 575 gallon per minute normal operating range) utilizing water, air, and filter media to reduce PM and SO2 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment Permit 03085T29 Page 6 Emission Emission Source Description Control Control Device Description Source ID No. Device ID No. ES-l0E* Two liquid/fat evaporators CD-l0E One venturi wet scrubber (voluntary for odor control state-only requirement) CD-1 OD One two-stage crossflow wet scrubber(500 gallons per minute nominal liquid injection rate per stage)and a dry filter mist eliminator CD-IOF One packed bed scrubber (288 to 575 gallon per minute normal operating range) utilizing water, air, and filter media to reduce PM and SOz emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment *These emission sources are insignificant for Title V purposes; however,they are permitted pursuant to State-enforceable only requirements. 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. Reserved B. Two natural gas/saleable animal fats/No. 6 fuel oil-fired boilers(ID Nos. ES-8 and ES-9)with associated packed tower scrubber(ID No. CD-10F) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Particulate matter 0.27 pounds per million Btu heat input 15A NCAC 213 .0503 Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 2D .0516 Permit 03085T29 Page 7 Regulated Limits/Standards Applicable Regulation Pollutant Visible emissions 20 percent opacity 15A NCAC 2D .0521 TSP Less than 41 tons per year combined 15A NCAC 2Q .0317 PMI0 Less than 28 tons per year combined (PSD Avoidance) Sulfur dioxide Less than 215 tons per year combined VOCs Less than 40 tons per year combined Carbon monoxide Less than 106 tons per year combined(as aggregate of all fuel combustion) Nitrogen oxides Less than 107 tons per year combined Carbon monoxide Less than 100 tons per year combined (while 15A NCAC 2Q .0317 combusting only animal fat) (PSD Avoidance) Hazardous air National Emission Standards for Hazardous Air 15A NCAC 2D .I I I I pollutants Pollutants for Area Sources—Industrial, Commercial, (40 CFR 63, Subpart JJJJJJ) and Institutional Boilers 1. 15A NCAC 2D .0503: PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS a. Emissions of particulate matter from the combustion of natural gas/saleable animal fats/No. 6 fuel oil that are discharged from these sources (ID Nos. ES-8 and ES-9) into the atmosphere shall not exceed 0.27 pounds per million Btu heat input. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 B.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0503. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for particulate matter from the firing of natural gas/saleable animal fats/No. 6 fuel oil in these sources (ID Nos. ES-8 and ES-9). 2. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from these sources (ID Nos. ES-8 and ES-9) shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances shall be included when determining compliance with this standard. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 B.2.a above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0516. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping is required for sulfur dioxide emissions from the firing of natural gas/saleable animal fats in these sources (ID Nos. ES-8 and ES-9). Permit 03085T29 Page 8 d. The maximum sulfur content of any No. 6 fuel oil received and burned in these sources (ID Nos. ES-8 and ES-9)shall not exceed 2.1 percent by weight. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0516 if the sulfur content of the fuel oil exceeds this limit. e. To assure compliance,the Permittee shall monitor the sulfur content of the No. 6 fuel oil by using fuel oil supplier certification per shipment received. The results of the fuel oil supplier certification shall be recorded in a logbook(written or electronic format)on a quarterly basis and include the following information: i. the name of the fuel oil supplier; ii. the maximum sulfur content of the fuel oil received during the quarter; iii. the method used to determine the maximum sulfur content of the fuel oil; and iv. a certified statement signed by the responsible official that the records of fuel oil supplier certification submitted represent all of the No. 6 fuel oil fired during the reporting period. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0516 if the sulfur content of the oil is not monitored and recorded. Reporting [15A NCAC 2Q .0508(f)] f. No reporting is required for sulfur dioxide emissions from the firing of natural gas/saleable animal fats in these sources (ID Nos. ES-8 and ES-9). g. The Permittee shall submit a summary report of the fuel oil supplier certifications 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 .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources (ID Nos. ES-8 and ES-9)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. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 13.3.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping is required for visible emissions from the firing of natural gas/saleable animal fats in these sources (ID Nos. ES-8 and ES-9). d. To assure compliance, once a week while firing No. 6 fuel oil the Permittee shall observe the emission points of these sources (ID Nos. ES-8 and ES-9)for any visible emissions above normal. The weekly observation must be made for each week of the calendar year period to ensure compliance with this requirement. If visible emissions from these sources are observed to be above normal,the Permittee shall either: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below, or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 2D .2610 (Method 9)for 12 minutes is below the limit given in Section 2.1 13.3.a above. Permit 03085T29 Page 9 If the above-normal emissions are not corrected per i. above or if the demonstration in ii. above cannot be made,the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D .0521. e. The results of the monitoring shall be maintained in a logbook(written or electronic format)on- site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions; and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] £ No reporting is required for visible emissions from the firing of natural gas/saleable animal fats in these sources (ID Nos. ES-8 and ES-9). g. The Permittee shall submit a summary report of the monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. 4. 15A NCAC 2Q .0317: AVOIDANCE CONDITIONS for 15A NCAC 0530: PREVENTION OF SIGNIFICANT DETERIORATION a. In order to avoid applicability of 15A NCAC 2D .0530(g)for major sources and major modifications,these sources (ID Nos. ES-8 and ES-9) shall discharge into the atmosphere less than the following aggregate totals from the combustion of all fuels, per consecutive 12-month period: Pollutant Actual 2-Year De minimus level PSD limit Average {tpy) (tpy) PM 16.2 25 41 PMI0 13.15 15 28 Sulfur dioxide 174.65 40 215 VOCs 0.37 40 40 Carbon monoxide 6.13 100 106 Nitrogen oxides 67.4 1 40 107 b. The Permittee shall operate the packed tower scrubber(ID No. CD-10F) at all times while firing No. 6 fuel oil in these sources (ID Nos. ES-8 and ES-9). Testing [15A NCAC 2Q .0508(f)] c. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limits given in Section 2.1 B.4.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Permit 03085T29 Page 10 Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] d. The use of No. 6 fuel oil in these sources (ID Nos. ES-8 and ES-9) shall be limited such that sulfur dioxide emissions, as calculated by the following formula, are less than 215 tons for any 12- month period: Total actual pounds sulfur dioxide emitted= (X)(157S pounds sulfur dioxide)(1-70% control efficiency)/1000 gallons Where: X is the amount of No. 6 fuel oil combusted in both sources in gallons S is the percent sulfur by weight in the No. 6 fuel oil e. The use of fuels in these sources (ID Nos. ES-8 and ES-9) shall be limited such that carbon monoxide emissions are less than 106 tons for any 12-month period. f. Monthly records shall be kept in a logbook(written or electronic format)of the amount of each fuel combusted. Records shall be kept in a logbook(written or electronic format)of all times that No. 6 fuel oil is combusted in these sources (ID Nos.ES-8 and ES-9), including verification that packed tower scrubber(ID No. CD-10F)was operated while No. 6 fuel oil was used. Reporting [15A NCAC 2Q .0508(f)] g. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. The report shall contain the following: i. the monthly sulfur dioxide emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. ii. the monthly quantities of natural gas, saleable animal fats, and No. 6 fuel oil consumed for the previous 17 months. iii. the average sulfur content of the fuel oil. iv. the monthly carbon monoxide emissions from the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months using AP-42 emission factors for the emissions from fuel oil and natural gas combustion and 0.7374 pounds per million Btu for the emissions from saleable animal fat combustion. 5. 15A NCAC 2Q .0317: AVIODANCE CONDITIONS for 15A NCAC 2D .0530: PREVENTION OF SIGNIFICANT DETERIORATION a. In order to avoid applicability of this regulation,these sources (ID Nos. ES-8 and ES-9)shall discharge into the atmosphere less than 100 tons of carbon monoxide per consecutive 12-month period while combusting saleable animal fats. Testin [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limits given in Section 2.1 B.5.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. The amount of saleable animal fats used in these sources (ID Nos.ES-8 and ES-9) shall not exceed 1.91 million gallons per consecutive 12-month period. Permit 03085T29 Page 11 d. Each month the amount of saleable animal fat combusted shall be recorded in a logbook(written or electronic format). If the records of animal fats combusted are not kept or if the amount combusted in any consecutive 12-month period exceeds 1.91 million gallons,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0530. Reporting [15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. The report shall contain the following: i. the monthly carbon monoxide emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. ii. the monthly quantities of animal fat combusted for the previous 17 months and for each of the 12-month periods over the previous 17 months. 6. 15A NCAC 2D .1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY-For these sources (ID Nos. ES-8 and ES-9),the Permittee shall comply with all applicable provisions, including the notification,testing, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .I 111, "Maximum Achievable Control Technology" as promulgated in 40 CFR 63, Subpart JJJJJJ, "National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers", including Subpart A "General Provisions." a. Compliance Dates(40 CFR 63.11196)-The owner or operator of an existing source subject to a work practice or management practice standard of a tune-up is required to comply with this final rule no later than March 21,2012. The owner or operator of an existing source subject to an energy assessment requirement is required to comply with this final rule no later than March 21, 2014. b. Compliance Requirements-As required by 15A NCAC 2D .I 111,the Permittee shall comply with the following requirements: i. General Duty Clause(40 CFR 63.11205(a))—At all times you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. ii. Boiler Tune-up(40 CFR 63.11223)—An initial boiler tune-up is required by March 21,2012. A biennial tune-up is also required and shall be conducted no more than 25 months after the previous tune-up. If the unit is not operating on the required date for a tune-up,the tune-up must be conducted within one week of startup. The tune-up shall include the following: A. As applicable, inspect the burner, and clean or replace any components of the burner as necessary(the Permittee may delay the burner inspection until the next scheduled unit shutdown, but must inspect each burner at least once every 36 months). B. Inspect the flame pattern, as applicable, and adjust the burner as necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer's specifications, if available. C. Inspect the system controlling the air-to-fuel ratio, as applicable, and ensure that it is correctly calibrated and functioning properly. D. Optimize total emissions of carbon monoxide. This optimization should be consistent with the manufacturer's specifications, if available. Permit 03085T29 Page 12 E. Measure the concentrations in the effluent stream of carbon monoxide in parts per million, by volume, and oxygen in volume percent, before and after the adjustments are made (measurements may be either on a dry or wet basis, as long as it is the same basis before and after the adjustments are made. F. Maintain onsite a biennial report(see item c. below) containing: I. The concentrations of CO in the effluent stream in parts per million, by volume, and oxygen in volume percent,measured before and after the tune-up of the boiler. II. A description of any corrective actions taken as a part of the tune-up of the boiler. M. The type and amount of fuel used over the 12 months prior to the biennial tune-up of the boiler. iii. Energy Assessment(40 CFR 63.11214(c))—A one-time initial energy assessment is required by March 21,2014. The energy assessment must be performed by a qualified energy assessor. An energy assessment completed on or after January 1,2008,that meets or is amended to meet the energy assessment requirements in this section satisfies the energy assessment requirement. The energy assessment must include: A. A visual inspection of the boiler system. B. An evaluation of operating characteristics of the facility, specifications of energy using systems, operating and maintenance procedures, and unusual operating constraints. C. Inventory of major systems consuming energy from affected boilers. D. A review of available architectural and engineering plans, facility operation and maintenance procedures and logs, and fuel usage. E. A list of major energy conservation measures. F. A list of the energy savings potential of the energy conservation measures identified. G. A comprehensive report detailing the ways to improve efficiency,the cost of specific improvements, benefits, and the time frame for recouping those investments. c. Notification and Reporting Requirements—In addition to the notification and reporting requirements of the Environmental Protection Agency(EPA),the Permittee is required to NOTIFY the Regional Supervisor,DAQ, in WRITING, of the following: i. Initial Notification(per 40 CFR 63.9(b) and 40 CFR 63.11225(a)(2)) is required by September 17,2011. ii. Notification of Compliance Status(40 CFR 63.11225(a)(4)) is required by July 19,2012. If the compliance status notification for the energy assessment is not included in the July 19, 2012 notification, a separate notification for this requirement is required by July 19,2014. iii. Biennial Compliance Report must be prepared by March 1 of every other year starting March 1,2015 and submitted upon request, unless the source experiences any deviations from the applicable requirements then the report must be submitted by March 15. The report must meet the requirements of 40 CFR 63.11225(b)(1-4). d. Recordkeeping Requirements—In addition to any other recordkeeping requirements of the EPA, the Permittee shall maintain the following records as defined under 40 CFR 63.11225(c): i. Copies of all required notifications. ii. Maintain records to document conformance with the work practices, emission reduction measures, and management practices: A. Tune-up records-records must identify each boiler,the date of tune-up,the procedures followed for tune-up, and the manufacturer's specifications to which the boiler was tuned. B. A copy the Energy Assessment required by 40 CFR 63.11214(c). Permit 03085T29 Page 13 C. Records documenting the fuel type(s)used monthly by each boiler, including, but not limited to, a description of the fuel, including whether the fuel has received a nonwaste determination by the Permittee or EPA, and the total fuel usage amount with units. If the Permittee combusts nonhazardous secondary materials that have been determined not to be solid waste pursuant to 40 CFR 241.3(b)(1),the Permittee must keep a record which documents how the secondary material meets each of the legitimacy criteria. The records may be annual,monthly, or periodic, depending on fuel delivery frequencies. iii. Malfunction Records-Records of the occurrence and duration of each malfunction of the boiler, or of the associated air pollution control and monitoring equipment. Records of actions taken during periods of malfunction to minimize emissions in accordance with the general duty to minimize emissions in 40 CFR 63.11205(a), including corrective actions to restore the malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation. iv. Record Retention-You must keep each record for 5 years following the date of each recorded action. C. Six poultry meal storage silos (ID Nos. ES-11 through ES-16)with associated bagfilters (ID Nos. CD-11A, CD-1113,CD-12A, CD-1213,CD-13A, CD-1313, CD-14A, CD-1413, CD-15A, CD-1513, CD-16A,and CD-1613) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation Pollutant Particulate Matter For process rates up to 30 tons per hour: 15A NCAC 213 .0515 E=4.1OxPo.6' For process rates greater than 30 tons per hour: E=55.OxP'-"-40 Where: E=allowable emission rate in pounds per hour P=process weight in tons per hour Visible Emissions i 20 percent opacity I 15A NCAC 213 .0521 1. 15A NCAC 2D .0515: PARTICULATES FROM MISCELLANEOUS INDUSTRIAL PROCESSES a. Emissions of particulate matter from these sources (ID Nos. ES-11 through ES-16) shall not exceed an allowable emission rate as calculated by the following equations: For process rates up to 30 tons per hour: E=4.1OxPo.6' For process rates greater than 30 tons per hour: E=55.OxP'-"-40 Where: E=allowable emission rate in pounds per hour P=process weight in tons per hour Liquid and gaseous fuels and combustion air are not considered as part of the process weight. Permit 03085T29 Page 14 Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 C.1.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. Particulate matter emission from these sources (ID Nos. ES-11 through ES-16) shall be controlled by 12 bagfilters (ID Nos. CD-11A, CD-11B, CD-12A, CD-12B, CD-13A, CD-13B, CD-14A,CD-14B, CD-15A, CD-15B,CD-16A,and CD-16B) as described above. To assure compliance,the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations, or if there are no manufacturer's inspection and maintenance recommendations, as a minimum,the inspection and maintenance requirement shall include the following: i. a monthly visual inspection of each systems' ductwork and material collection units for leaks; and ii. a semi-annual internal inspection of the bagfilters' structural integrity. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if the ductwork and bagfilters are not inspected and maintained. d. The results of inspection and maintenance shall be maintained in a logbook(written or electronic format)on-site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. the results of each inspection; iii. the results of any maintenance performed on any control device; and iv. any variance from manufacturer's recommendations, if any, and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0515 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] e. The Permittee shall submit the results of any maintenance performed on any control device within 30 days of a written request by the DAQ. f. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. 2. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources (ID Nos. ES-11 through ES-16) 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. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 C.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Permit 03085T29 Page 15 Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. To assure compliance, once a month the Permittee shall observe the emission points of these sources (ID Nos.ES-11 through ES-16) for any visible emissions above normal. The monthly observation must be made for each month of the calendar year period to ensure compliance with this requirement. If visible emissions from these sources are observed to be above normal,the Permittee shall either: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below, or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 2D .2610(Method 9)for 12 minutes is below the limit given in Section 2.1 C.2.a above. If the above-normal emissions are not corrected per i. above of if the demonstration in ii. above cannot be made,the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D .0521. d. The results of the monitoring shall be maintained in a logbook(written or electronic format)on- site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions; and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] e. The Permittee shall submit a summary report of the observations 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. D. One poultry meal loadout area (ID No. ES-19) 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 1. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from this source (ID No.ES-19) 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 03085T29 Page 16 Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 D.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 2D .0521. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] c. To assure compliance, once a month the Permittee shall observe the emission point of this source (ID No. ES-19)for any visible emissions above normal during loading operations. The monthly observation must be made for each month of the calendar year period to ensure compliance with this requirement. If visible emissions from this source are observed to be above normal,the Permittee shall either: i. take appropriate action to correct the above-normal emissions as soon as practicable and within the monitoring period and record the action taken as provided in the recordkeeping requirements below, or ii. demonstrate that the percent opacity from the emission points of the emission source in accordance with 15A NCAC 2D .2610 (Method 9)for 12 minutes is below the limit given in Section 2.1 D.l.a above. If the above-normal emissions are not corrected per i. above or if the demonstration in ii. above cannot be made,the Permittee shall be deemed to be in noncompliance with 15A NCAC 2D .0521. d. The results of the monitoring shall be maintained in a logbook(written or electronic format)on- site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions; and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 21) .0521 if these records are not maintained. 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. E. Reserved Permit 03085T29 Page 17 F. Two natural gas-fired temporary, back-up boilers (ID Nos. ES-23 and ES-24) The following table provides a summary of limits and standards for the emission source(s)described above: Regulated Limits/Standards Applicable Regulation `Pollutant Particulate Matter 0.25 pounds per million Btu heat input each 15A NCAC 213 .0503 Sulfur Dioxide 2.3 pounds per million Btu heat input each 15A NCAC 213 .0516 Visible Emissions 20 percent opacity 15A NCAC 213 .0521 40 CFR 60,Subpart De The following standards are only applicable to temporary,back-up boilers that commenced construction, reconstruction, or modification after June 9, 1989,AND that have a maximum heat input capacity equal to or greater than 10 million Btu per hour - Monthly recordkeeping requirement, only 15A NCAC 213 .0524 (40 CFR 60, Subpart Dc) 1. 15A NCAC 2D .0503: PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS a. Emissions of particulate matter from the combustion of natural gas in these sources (ID Nos. ES- 23 and ES-24)that are discharged into the atmosphere shall not exceed 0.25 pounds per million Btu heat input. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 F.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 213 .0503. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for particulate emissions from the firing of natural gas in these sources (ID Nos. ES-23 and ES-24). 2. 15A NCAC 2D .0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from these sources (ID Nos. ES-23 and ES-24) shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels, wastes, ores, and other substances shall be included when determining compliance with this standard. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 F.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 213 .0516. Monitoring/Recordkeeping/Reporting [15A NCAC 2Q .0508(f)] c. No monitoring/recordkeeping/reporting is required for sulfur dioxide emissions from the firing of natural gas in these sources (ID Nos.ES-23 and ES-24). Permit 03085T29 Page 18 3. 15A NCAC 2D .0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources (ID Nos. ES-23 and ES-24) 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. Testing [15A NCAC 2Q .0508(f)] b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limit given in Section 2.1 F.3.a 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 the firing of natural gas in these sources (ID Nos. ES-23 and ES-24). 4. 15A NCAC 2D .0524: NEW SOURCE PERFORMANCE STANDARDS a. A temporary, back-up boiler(ID Nos. ES-23 and ES-24)that meets the criteria listed below is an affected source under the"New Source Performance Standards"(NSPS) as promulgated in 40 CFR Part 60 Subpart Dc, including Subpart A "General Provisions": i. the boiler was constructed, reconstructed, or modified after June 9, 1989; and ii. the boiler has a maximum heat input capacity equal to or greater then 10 million Btu per hour. For Subpart Dc-affected boilers,the Permittee shall comply with all applicable provisions, including the notification,testing, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 213.0524. , b. The Permittee shall not operate either temporary, back-up boiler(ID Nos. ES-23 and ES-24) with a maximum heat input capacity of 90 million Btu per hour or greater. c. The Permittee is only permitted to fire natural gas in each temporary, back-up boiler(ID Nos. ES- 23 and ES-24). Notifications [15A NCAC 2Q .0508(f)] d. The Permittee shall submit a written initial notification of the date of actual, initial startup of each NSPS-affected temporary, back-up boiler(ID Nos. ES-23 and ES-24)within 15 days of such date. The notification shall be submitted to the Regional Supervisor. Monitoring/Recordkeeping [15A NCAC 2Q .0508(f)] e. Each calendar month,the Permittee shall record the total quantity of each fuel fired in each NSPS- affected temporary, back-up boiler(ID Nos. ES-23 and ES-24) during the previous calendar month. The Permittee shall be deemed in noncompliance with 15A NCAC 21) .0524 if the records are not maintained. Reporting [15A NCAC 2Q .0508(f)] £ No reporting is required from the combustion of natural gas in these sources (ID Nos. ES-23 and ES-24). Permit 03085T29 Page 19 2.2 - Multiple Emission Source(s) Specific Limitations and Conditions A. Facility Wide Affected Sources 1. Reserved State-enforceable only 2. 15A NCAC 2D .0539: ODOR CONTROL OF FEED INGREDIENT MANUFACTURING PLANTS a. The requirements of this Rule apply to any facility that produces feed-grade animal proteins or feed-grade animal fats and oils, except for any portions that are engaged exclusively in the processing of food for human consumption. i. Control Device Requirement—The Permittee shall not allow, cause, or permit the operation of any device,machine, equipment, or other contrivance unless all gases,vapors, and gas- entrained effluents from these processes are passed through condensers to remove all steam and other condensable materials. All noncondensible gases passing through the condensers shall be incinerated at 1200 degrees Fahrenheit for a period of not less than 0.3 seconds, or treated in an equally effective manner. ii. Measurement and Recording Requirements—The Permittee processing or incinerating gases, vapors, or gas-entrained matter as required by Section 2.2 A.2.a above shall install, operate, calibrate, and maintain in good working order continuous operating parameter measuring and recording devices to document equipment operation in accordance with 15A NCAC 21) .0539. In addition,the Permittee shall follow an approved quality assurance program for all monitoring devices and systems, including: A. procedures and frequencies for calibration, B. standards traceability, C. operational checks, D. maintenance schedules and procedures, E. auditing schedules and procedures, and F. data validation. iii. Expeller Requirement—The Permittee shall not allow, cause, or permit the installation or operation of expeller units unless they are properly hooded and all exhaust gases are collected or ducted to odor control equipment. iv. Handling, Transport, and Storage Requirement—The Permittee shall not cause or permit any raw material to be handled,transported, or stored, or to undertake the preparation of any raw material without taking reasonable precautions to prevent odors from being discharged. Such raw material is in "storage"after it has been unloaded at the facility or after it has been located at the facility for at least 24 hours. Reasonable precautions shall include the following: A. storage of all raw material before or in the process of preparation, in properly enclosed and vented equipment or areas,together with the use of effective devices and methods to prevent the discharge of odor bearing gases; B. use of covered vehicles or containers of watertight construction for the handling and transporting of any raw material; and C. use of hoods and fans to enclose and vent the storage, handling, preparation, and conveying of any odorous materials together with effective devices or methods, or both,to prevent emissions of odor bearing gases. Permit 03085T29 Page 20 In order to avoid the storage restrictions above,the Permittee shall process each load within 24-hours of receipt. To ensure that no raw material is in"storage,"the Permittee shall track time of receipt and time of unloading of each shipment. The Permittee shall keep these records in a logbook(written or electronic format) onsite and made available to an authorized DAQ representative upon request. v. Notification of Release of Excessive and Malodorous Gases and Vapors—The Permittee shall notify the Regional Air Quality Supervisor of the appropriate regional office within two business days after conditions are encountered that cause of may cause release of excessive and malodorous gases or vapors. vi. Compliance Statement—The Permittee shall continue to operate in compliance as described in the compliance determination submitted on December 13, 1996 pursuant to 15A NCAC 2D .0539(h)(1). The Division of Air Quality may request additional information at a later date upon further review of the compliance determination. vii. Odorous emissions shall be controlled by a venturi wet scrubber(ID No. CD-10E) and cross flow scrubber(ID No. CD-10D) as described above. To ensure that optimum control efficiency is maintained,the Permittee shall perform inspections and maintenance as recommended by the manufacturer. In addition to the manufacturer's inspection and maintenance recommendations, or if there are no manufacturer's inspection and maintenance recommendations, as a minimum,the inspection and maintenance requirement must include: A. quarterly inspection of spray nozzles to detect clogging or corrosion damage of nozzles and perform maintenance and repair when necessary to assure proper operation of the scrubber(ID No. CD-10D); B. monthly inspection, cleaning, and calibration of all associated instrumentation; and C. semi-annual external inspection of the scrubber(ID No. CD-10E)for structural integrity. The Permittee shall install, operate, and maintain a liquid flowmeter on the scrubber. The liquid flow rate into each stage of the cross flow scrubber(ID No. CD-10D) shall be no less than 500 gallons per minute of water or water and additives. viii.In addition to the inspection and maintenance activities described above,the Permittee shall: A. use a scrubbing binder(e.g.,B-10) daily from June 1 through September 30 of each year and any other day in which the projected high ambient temperature is expected to be above 80 degrees Fahrenheit; and B. change the scrubbing binder weekly with each water flush. Recordkeeping [15A NCAC 2Q .0508(f)] b. The results of inspection and maintenance performed on the scrubber(ID No. CD-10D)shall be maintained in a logbook(writer or electronic format)on site and made available to an authorized representative upon request. The logbook shall record the following: i. the date and time of each recorded action including the monitoring parameters measured and recorded; ii. the liquid flow rate once daily at a minimum; iii. the results of each monthly inspection; iv. the results of any maintenance performed on the scrubber(ID No. CD-10D); and v. any variance from manufacturer's recommendations, if any, and corrections made. The Permittee shall be deemed in noncompliance with 15A NCAC 2D .0539 if these records are not maintained. Reporting [15A NCAC 2Q .0508(f)] c. Within 30 days pr a request from the DAQ,the Permittee shall submit a summary report of any maintenance performed on the scrubber system(ID No. CD-10D). Permit 03085T29 Page 21 d. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before January 30 of each calendar year for the preceding six-month period between July and December and July 30 of each calendar year for the preceding six-month period between January and June. All instances of deviations from the requirements of this permit must be clearly identified. SECTION 3 - GENERAL CONDITIONS (0.6) This section describes terms and conditions applicable to this Title V facility. A. General Provisions [NCGS 143-215 and 15A NCAC 2Q .0508(i)(16)] 1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 2D and 2Q. 2. The terms, conditions,requirements, limitations, and restrictions set forth in this permit are binding and enforceable pursuant to NCGS 143-215.114A and 143-215.114B, including assessment of civil and/or criminal penalties. Any unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement action by the DAQ. 3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the facility which are not addressed in this permit. 4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare, animal or plant life,or property caused by the construction or operation of this permitted facility,or from penalties therefore,nor does it allow the Permittee to cause pollution in contravention of state laws or rules, unless specifically authorized by an order from the North Carolina Environmental Management Commission. 5. Except as identified as state-only requirements in this permit, all terms and conditions contained herein shall be enforceable by the DAQ,the EPA,and citizens of the United States as defined in the Federal Clean Air Act. 6. Any stationary source of air pollution shall not be operated,maintained,or modified without the appropriate and valid permits issued by the DAQ,unless the source is exempted by rule. The DAQ may issue a permit only after it receives reasonable assurance that the installation will not cause air pollution in violation of any of the applicable requirements. A permitted installation may only be operated,maintained,constructed,expanded,or modified in a manner that is consistent with the terms of this permit. B. Permit Availability [15A NCAC 2Q.0507(k)and.0508(i)(9)(B)] The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of the permit term one complete copy of the application and any information submitted in support of the application package. The permit and application shall be made available to an authorized representative of Department of Environment and Natural Resources upon request. C. Severability Clause [15A NCAC 2Q .0508(i)(2)] In the event of an administrative challenge to a final and binding permit in which a condition is held to be invalid,the provisions in this permit are severable so that all requirements contained in the permit, except those held to be invalid,shall remain valid and must be complied with. Permit 03085T29 Page 22 D. Submissions [15A NCAC 2Q .0507(e)and 2Q .0508(i)(16)] Except as otherwise specified herein,two copies of all documents,reports,test data,monitoring data, notifications,request for renewal,and any other information required by this permit shall be submitted to the appropriate Regional Office. Refer to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems(CEMS)reports,continuous opacity monitoring systems (COMS)reports, quality assurance(QA)/quality control(QC)reports,acid rain CEM certification reports, and NOx budget CEM certification reports,one copy shall be sent to the appropriate Regional Office and one copy shall be sent to: Supervisor, Stationary Source Compliance North Carolina Division of Air Quality 1641 Mail Service Center Raleigh,NC 27699-1641 All submittals shall include the Facility name and Facility ID number(refer to the cover page of this permit). E. Duty to Comply [15A NCAC 2Q .0508(i)(2)] The Permittee shall comply with all terms,conditions,requirements, limitations and restrictions set forth in this permit.Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation of the Federal Clean Air Act. Noncompliance with any permit condition is grounds for enforcement action,for permit termination, revocation and reissuance,or modification, or for denial of a permit renewal application. F. Circumvention- STATE ENFORCEABLE ONLY The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit,no emission source may be operated without the concurrent operation of its associated air pollution control device(s)and appurtenances. G. Permit Modifications 1. Administrative Permit Amendments [15A NCAC 2Q .0514] The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 2Q.0514. 2. Transfer in Ownership or Operation and Application Submittal Content[15A NCAC 2Q .0524 and 2Q .0505] The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 2Q.0524 and 2Q.0505. 3. Minor Permit Modifications [15A NCAC 2Q.0515] The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 2Q .0515. 4. Significant Permit Modifications [15A NCAC 2Q .0516] The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 2Q.0516. 5. Reopening for Cause [15A NCAC 2Q.0517] The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 2Q .0517. Permit 03085T29 Page 23 H. Changes Not Requiring Permit Modifications 1. Reporting Requirements. Any of the following that would result in new or increased emissions from the emission source(s) listed in Section 1 must be reported to the Regional Supervisor,DAQ: a. changes in the information submitted in the application; b. changes that modify equipment or processes; or c. changes in the quantity or quality of materials processed. If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 2. Section 502(b)(10)Changes [15A NCAC 2Q.0523(a)] a. "Section 502(b)(10)changes"means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable 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 i£ i. the changes are not a modification under Title I of the Federal Clean Air Act; ii. the changes do not cause the allowable emissions under the permit to be exceeded; iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is made;and iv. the Permittee shall attach the notice to the relevant permit. c. The written notification shall include: i. a description of the change; ii. the date on which the change will occur; iii. any change in emissions; and iv. any permit term or condition that is no longer applicable as a result of the change. d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised or renewed,whichever comes first. 3. Off Permit Changes [15A NCAC 2Q .0523(b)] The Permittee may make changes in the operation or emissions without revising the permit i£ a. the change affects only insignificant activities and the activities remain insignificant after the change; or b. the change is not covered under any applicable requirement. 4. Emissions Trading [15A NCAC 2Q.0523(c)] To the extent that emissions trading is allowed under 15A NCAC 2D, including subsequently adopted maximum achievable control technology standards, emissions trading shall be allowed without permit revision pursuant to 15A NCAC 2Q.0523(c). I.A.Reporting Requirements for Excess Emissions and Permit Deviations [15A NCAC 2D.0535(f)and 2Q.0508(f)(2)] "Excess Emissions"-means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in Sections .0500, .0900, .1200, or.1400 of Subchapter 2D; or by a permit condition; or that exceeds an emission limit established in a permit issued under 15A NCAC 2Q.0700. (Note.- Definitions of excess emissions under 2D.I110 and 2D.1111 shall apply where defined by rule.) "Deviations"-for the purposes of this condition,any action or condition not in accordance with the terms and conditions of this permit including those attributable to upset conditions as well as excess emissions as defined above lasting less than four hours. Permit 03085T29 Page 24 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(15A NCAC 2D .1110 or .1111),or these rules do NOT define "excess emissions,"the Permittee shall report excess emissions in accordance with 15A NCAC 2D .0535 as follows: a. Pursuant to 15A NCAC 2D .0535, if excess emissions last for more than four hours resulting from a malfunction,a breakdown of process or control equipment, or any other abnormal condition,the owner or operator shall: i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m.Eastern Time of the Division's next business day of becoming aware of the occurrence and provide: • name and location of the facility; • nature and cause of the malfunction or breakdown; • time when the malfunction or breakdown is first observed; • expected duration;and • estimated rate of emissions; ii. notify the Regional Supervisor or Director immediately when corrective measures have been accomplished;and iii. submit to the Regional Supervisor or Director within 15 days a written report as described in 15A NCAC 2D.0535(f)(3). Permit Deviations 3. Pursuant to 15A NCAC 2Q .0508(f)(2),the Permittee shall report deviations from permit requirements(terms and conditions)as follows: a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A NCAC 2D.0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of such deviation and any corrective actions or preventative actions taken. The responsible official shall certify all deviations from permit requirements. I.B.Other Requirements under 15A NCAC 2D.0535 The Permittee shall comply with all other applicable requirements contained in 15A NCAC 2D .0535, including 15A NCAC 2D .0535(c)as follows: 1. Any excess emissions that do not occur during start-up and shut-down shall be considered a violation of the appropriate rule unless the owner or operator of the sources demonstrates to the Director,that the excess emissions are a result of a malfunction. The Director shall consider, along with any other pertinent information,the criteria contained in 15A NCAC 2D.0535(c)(1)through(7). 2. 15A NCAC 2D .0535(g). Excess emissions during start-up and shut-down shall be considered a violation of the appropriate rule if the owner or operator cannot demonstrate that excess emissions are unavoidable. J. Emergency Provisions [40 CFR 70.6(g)] The Permittee shall be subject to the following provisions with respect to emergencies: 1. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility, including acts of God,which situation requires immediate corrective action to restore normal operation, and that causes the facility to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance,careless or improper operation, or operator error. Permit 03085T29 Page 25 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 Pennittee 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 term not to exceed five years and shall expire at the end of its term. Permit expiration terminates the facility's right to operate unless a complete 15A NCAC 2Q .0500 renewal application is submitted at least nine months before the date of permit expiration. If the Pennittee or applicant has complied with 15A NCAC 2Q.0512(b)(1),this 15A NCAC 2Q .0500 permit shall not expire until the renewal permit has been issued or denied. Permit expiration under 15A NCAC 2Q.0400 terminates the facility's right to operate unless a complete 15A NCAC 2Q .0400 renewal application is submitted at least six months before the date of permit expiration for facilities subject to 15A NCAC 2Q .0400 requirements. In either of these events,all terms and conditions of these permits shall remain in effect until the renewal permits have been issued or denied. L. Need to Halt or Reduce Activity Not a Defense[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 Pennittee 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. Permit 030851"29 Page 26 O. Retention of Records [15A NCAC 2Q.0508(o and 2Q.0508(1)] The Permittee shall retain records of all required monitoring data and supporting information for a period of at least five years from the date of the monitoring sample,measurement,report,or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring information,and copies of all reports required by the permit. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. P. Compliance Certification [15A NCAC 2Q .0508(n)] The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA, Region 4, 61 Forsyth Street,Atlanta,GA 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 terns 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 terns and conditions of the permit for the period covered by the certification); 3. whether compliance was continuous or intermittent;and 4. the method(s)used for determining the compliance status of the source during the certification period. Q. Certification by Responsible Official[15A NCAC 2Q.0520] A responsible official shall certify the truth, accuracy,and completeness of any application form,report, or compliance certification required by this permit. All certifications shall state that based on information and belief formed after reasonable inquiry,the statements and information in the document are true, accurate,and complete. R. Permit Shield for Applicable Requirements [15A NCAC 2Q .0512] 1. Compliance with the terms and conditions of this permit shall be deemed compliance with applicable requirements,where such applicable requirements are included and specifically identified in the permit as of the date of permit issuance. 2. A permit shield shall not alter or affect: a. the power of the Commission, Secretary of the Department, or Governor under NCGS 143- 215.3(a)(12),or EPA under Section 303 of the Federal Clean Air Act; b. the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective date of the permit or at the time of permit issuance; c. the applicable requirements under Title IV; or d. the ability of the Director or the EPA under Section 114 of the Federal Clean Air Act to obtain information to determine compliance of the facility with its permit. 3. A permit shield does not apply to any change made at a facility that does not require a permit or permit revision made under 15A NCAC 2Q .0523. 4. A permit shield does not extend to minor permit modifications made under 15A NCAC 2Q .0515. Permit 03085T29 Page 27 S. Termination Modification and Revocation of the Permit[15A NCAC 2Q .0519] The Director may terminate,modify,or revoke and reissue this permit if: 1. the information contained in the application or presented in support thereof is determined to be incorrect; 2. the conditions under which the permit or permit renewal was granted have changed; 3. violations of conditions contained in the permit have occurred; 4. the EPA requests that the permit be revoked under 40 CFR 70.7(g)or 70.8(d);or 5. the Director finds that termination, modification,or revocation and reissuance of the permit is necessary to carry out the purpose of NCGS Chapter 143,Article 21B. T. Insignificant Activities[15A NCAC 2Q.0503] Because an emission source or activity is insignificant does not mean that the emission source or activity is exempted from any applicable requirement or that the owner or operator of the source is exempted from demonstrating compliance with any applicable requirement. The Permittee shall have available at the facility at all times and made available to an authorized representative upon request, documentation, including calculations,if necessary,to demonstrate that an emission source or activity is insignificant. U. Property Rights[15A NCAC 2Q.0508(i)(8)] This permit does not convey any property rights in either real or personal property or any exclusive privileges. V. Inspection and Entry[15A NCAC 2Q.0508(1)and NCGS 143-215.3(a)(2)] 1. Upon presentation of credentials and other documents as may be required by law,the Permittee shall allow the DAQ,or an authorized representative,to perform the following: a. enter the Permittee's premises where the permitted facility is located or emissions-related activity is conducted,or where records are kept under the conditions of the permit; b. have access to and copy, at reasonable times,any records that are required to be kept under the conditions of the permit; c. inspect at reasonable times and using reasonable safety practices any source, equipment (including monitoring and air pollution control equipment),practices,or operations regulated or required under the permit;and d. sample or monitor substances or parameters,using reasonable safety practices,for the purpose of assuring compliance with the permit or applicable requirements at reasonable times. Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the Permittee under Section 114 or other provisions of the Federal Clean Air Act. 2. No person shall refuse entry or access to any authorized representative of the DAQ who requests entry for purposes of inspection,and who presents appropriate credentials, nor shall any person obstruct,hamper,or interfere with any such authorized representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. W. Annual Fee Payment[15A NCAC 2Q.0508(i)(10)] 1. The Permittee shall pay all fees in accordance with 15A NCAC 2Q.0200. 2. Payment of fees may be by check or money order made payable to the N.C.Department of Environment and Natural Resources. Annual permit fee payments shall refer to the permit number. 3. If,within 30 days after being billed,the Permittee fails to pay an annual fee,the Director may initiate action to terminate the permit under 15A NCAC 2Q.0519. Permit 03085T29 Page 28 X. Annual Emission Inventory Requirements [15A NCAC 2Q .0207] The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 2Q .0207(a)from each emission source within the facility during the previous calendar year. The report shall be in or on such form as may be established by the Director. The accuracy of the report shall be certified by a responsible official of the facility. Y. Confidential Information [15A NCAC 2Q .0107 and 2Q.0508(i)(9)] Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC 2Q .0107,the Permittee may also submit a copy of all such information and claim directly to the EPA upon request. All requests for confidentiality must be in accordance with 15A NCAC 2Q.0107. Z. Construction and Operation Permits [15A NCAC 2Q.0100 and .0300] A construction and operating permit shall be obtained by the Permittee for any proposed new or modified facility or emission source which is not exempted from having a permit prior to the beginning of constriction or modification, in accordance with all applicable provisions of 15A NCAC 2Q.0100 and .0300. AA. Standard Application Form and Required Information[15A NCAC 2Q .0505 and.0507] The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 2Q .0505 and.0507. 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.Refrigrerant Requirements(Stratospheric Ozone and Climate Protection) [15A NCAC 2Q .0501(e)] 1. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment, which use Class I or 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 Part 82 Subpart F. 2. The Permittee shall not knowingly vent or otherwise release any Class I or H substance into the environment during the repair,servicing,maintenance,or disposal of any such device except as provided in 40 CFR Part 82 Subpart F. 3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR ❑ 82.166. Reports shall be submitted to the EPA or its designee as required. DD. Prevention of Accidental Releases-Section 112(r)[15A NCAC 2Q.0508(h)] If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to Section 112(r) of the Clean Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 68. EE.Prevention of Accidental Releases General Duty Clause-Section 112(r}(1)- FEDERALLY-ENFORCEABLE ONLY Although a risk management plan may not be required,if the Permittee produces,processes,handles, or stores any amount of a listed hazardous substance,the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. Permit 03085T29 Page 29 FF. Title IV Allowances [15A NCAC 2Q.0508(i)(1)] This permit does not limit the number of Title W allowances held by the Permittee, but the Permittee may not use allowances as a defense to noncompliance with any other applicable requirement. The Permittee's emissions may not exceed any allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act. GG. Air Pollution Emergency Episode [15A NCAC 2D .0300] Should the Director of the DAQ declare an Air Pollution Emergency Episode,the Permittee will be required to operate in accordance with the Permittee's previously approved Emission Reduction Plan or, in the absence of an approved plan,with the appropriate requirements specified in 15A NCAC 2D .0300. HH.Registration of Air Pollution Sources [15A NCAC 2D .0200] The Director of the DAQ may require the Permittee to register a source of air pollution. If the Permittee is required to register a source of air pollution,this registration and required information will be in accordance with 15A NCAC 2D .0202(b). H. 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 arrange for air emission testing protocols to be provided to the Director prior to air pollution testing. Testing protocols are not required to be pre-approved by the Director prior to air pollution testing. The Director shall review air emission testing protocols for pre-approval prior to testing if requested by the owner or operator at least 45 days before conducting the test. 2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify the Director at least 15 days before beginning the test so that the Director may at his option observe the test. 3. The owner or operator of the source shall arrange for controlling and measuring the production rates during the period of air testing. The owner or operator of the source shall ensure that the equipment or process being tested is operated at the production rate that best fulfills the purpose of the test. The individual conducting the emission test shall describe the procedures used to obtain accurate process data and include in the test report the average production rates determined during each testing period. 4. Two copies of the final air emission test report shall be submitted to the Director not later than 30 days after sample collection unless otherwise specified in specific conditions. The owner or operator may request an extension to submit the final test report. The Director shall approve an extension request if he finds that the extension request is a result of actions beyond the control of the owner or operator. Permit 03085T29 Page 30 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 Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from and placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the permit shall be implemented within the monitoring period. Permit 03085T29 Page 31 MM. Fugitive Dust Control Requirement[15A NCAC 2D .0540] - STATE ENFORCEABLE ONLY As required by 15A NCAC 2D.0540 "Particulates from Fugitive Dust Emission Sources,"the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR,Appendix A),the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). "Fugitive dust emissions" means particulate matter from process operations that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as: unloading and loading areas,process areas stockpiles, stock pile working,plant parking lots, and plant roads(including access roads and haul roads). NN. Specific Permit Modifications [15A NCAC 2Q.0501 and.0523] 1. For modifications made pursuant to 15A NCAC 2Q .0501(c)(2),the Permittee shall file a Title V Air Quality Permit Application for the air emission source(s)and associated air pollution control device(s)on or before 12 months after commencing operation. 2. For modifications made pursuant to 15A NCAC 2Q .0501(d)(2),the Permittee shall not begin operation of the air emission source(s)and associated air pollution control device(s)until a Title V Air Quality Permit Application is filed and a construction and operation permit following the procedures of Section.0500(except for Rule .0504 of this Section)is obtained. 3. For modifications made pursuant to 502(b)(10), in accordance with 15A NCAC 2Q .0523(a)(1)(C), the Permittee shall notify the Director and EPA(EPA-Air Planning Branch, 61 Forsyth St.,Atlanta, GA 30303)in writing at least seven days before the change is made. The written notification shall include: a. a description of the change at the facility; b. the date on which the change will occur; c. any change in emissions;and d. any permit term or condition that is no longer applicable as a result of the change. In addition to this notification requirement,with the next significant modification or Air Quality Permit renewal,the Permittee shall submit a page "E5" of the application forms signed by the responsible official verifying that the application for the 502(b)(10)change/modification, is true, accurate, and complete. Further note that modifications made pursuant to 502(b)(10)do not relieve the Permittee from satisfying preconstruction requirements. 00. Third Party Participation and EPA Review [15A NCAC 2Q .0521, .0522 and.0525(7)] For permits modifications subject to 45-day review by the federal Environment Protection Agency (EPA),EPA's decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition,the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit. The time period available to submit a public petition pursuant to 15A NCAC 2Q .0518 begins at the end of the 45-day EPA review period. Permit 03085T29 Page 32 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 CAIR Clean Air Interstate Rule DAQ Division of Air Quality DENR Department of Environment and Natural Resources EMC Environmental Management Commission EPA Environmental Protection Agency FR Federal Register GACT Generally Available Control Technology HAP Hazardous Air Pollutant MACT Maximum Achievable Control Technology NAA Non-Attainment Area NCAC North Carolina Administrative Code NCGS North Carolina General Statutes NESHAPS National Emission Standards for Hazardous Air Pollutants NOx Nitrogen Oxides NSPS New Source Performance Standard OAH Office of Administrative Hearings PM Particulate Matter PMI0 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 S02 Sulfur Dioxide tpy Tons Per Year VOC Volatile Organic Compound