HomeMy WebLinkAboutAQ_F_1300163_20130624_PRMT_Permit NDENR
North Carolina Department of Environment and Natural Resources
Division of Air Quality
Pat McCrory Sheila C. Holman John E. Skvarla, III
Governor Director Secretary
June 24, 2013
Mr. Anthony Falbo
Senior Vice President
CMS Charlotte Energy, LLC.
5087 Junction Road
Lockport,NY 14094
Subject: Air Permit No. 09980R01
CMS Charlotte Energy, LLC.
Concord, Cabarrus County,North Carolina
Permit Class: Small
Facility ID# 1300163
Dear Mr. Falbo:
In accordance with your completed application received May31, 2013, we are forwarding
herewith Permit No. 09980R01 to CMS Charlotte Energy, LLC., Concord, Cabarrus County,North
Carolina for the construction and operation of air emissions sources or air cleaning devices and
appurtenances. Additionally, any emissions activities determined from your air permit application
as meeting the exemption requirements contained in 15A NCAC 2Q .0102 have been listed for
information purposes as an "ATTACHMENT" to the enclosed air permit. Please note the records
retention requirements are contained in General Condition 2 of the General Conditions and
Limitations.
If any parts, requirements, or limitations contained in this 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. Such a request will stay the effectiveness of
the entire permit. This hearing request must be in the form of a written petition, conforming to G.S.
150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. The form for requesting a formal
adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings.
Unless a request for a hearing is made pursuant to G.S. 150B-23,this air permit shall be final and
binding.
You may request modification of your air permit through informal means pursuant to G.S.
15013-22. This request must be submitted in writing to the Director and must identify the specific
Mooresville Regional Office-Division of Air Quality
610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115
Phone:704-663-1699/FAX:704-663-7579
Internet:wwwmaii-mg
An Equal Opportunity 1 Affirmative Action Employer-Made in part by Recycled Paper
Anthony Falbo
June 24, 2013
Page 2
provisions or issues for which the modification is sought. Please note that the permit will become
final and binding regardless of a request for informal modification unless a request for a hearing is
also made under G.S. 150B-23.
Unless exempted by a condition of this permit or the regulations, construction of new
air pollution sources or air cleaning devices, or modifications to the sources or air cleaning
devices described in this permit must be covered under a permit issued by the Division of Air
Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may
subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143-
215.114B.
This permit shall be effective from June 24, 2013 until March 31, 201.4, is nontransferable to
future owners and operators, and shall be subject to the conditions and limitations as specified
therein.
Changes have been made to the permit stipulations. The Permittee is responsible for
carefully reading the entire permit and evaluating the requirements of each permit
stipulation. The Permittee shall comply with all terms, conditions, requirements,limitations
and restrictions set forth in this permit. 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. Should you have any questions concerning this matter,
please contact Russell Braswell at (704) 663-1699.
Sincerely,
F Ronald E. Slack
Regional Air Quality Supervisor
DRB
Enclosures
c: Mooresville Regional Office
G:\DAQ\WPDATA\COUNTIES\CABARRUS\00163\RO1—PERMIT.docx
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF AIR QUALITY
AIR PERMIT NO. 09980R01
Issue Date: June 24, 2013 Effective Date: June 24, 2013
Expiration Date:March 31, 2014 Replaces Permit: 09980R00
To construct and operate air emission source(s) and/or air cleaning device(s), and for the
discharge of the associated air contaminants into the atmosphere in accordance with the provisions
of Article 21 B of Chapter 143, General Statutes of North Carolina(NCGS) as amended, and other
applicable Laws, Rules and Regulations,
CMS Charlotte Energy, LLC.
5105 Morehead Road
Concord, Cabarrus County,North Carolina
Permit Class: Small
Facility ID# 1300163
(the Permittee)is hereby authorized to construct and operate the air emissions sources and/or air
cleaning devices and appurtenances described below:
..........
Emission Emission Source Control Control System
Source ID Description System ID Description
ES-TURB 1 (NSPS) -� stationary landfill gas-fired
combustion turbine(63.84
mmBTU/hr maximum heat ! N/A N/A
input,diesel-fired for start-
in accordance with the completed application 1300163.13A received May 31, 2013 including any
plans, specifications,previous applications, and other supporting data, all of which are filed with the
Department of Environment and Natural Resources, Division of Air Quality(DAQ) and are
incorporated as part of this permit.
This permit is subject to the following specified conditions and limitations including any
TESTING, REPORTING, OR MONITORING REQUIREMENTS:
A. SPECIFIC CONDITIONS AND LIMITATIONS
1. Any air emission sources or control devices authorized to construct and operate above must
be operated and maintained in accordance with the provisions contained herein. The
Permit No. 09980R01
Page 2
Permittee shall comply with applicable Environmental Management Commission
Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter
2D .0202, 2D .0521, 2D .0524, 2D .0535, 2D .0540 and 2Q .0207.
2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee,
at least 90 days prior to the expiration date of this permit, shall request permit renewal by
letter in accordance with 15A NCAC 2Q .0304(d) and(f). Pursuant to 15A NCAC 2Q
.0203(i), no permit application fee is required for renewal of an existing air permit(without
a modification request). The renewal request(with AA application form) should be
submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration
date of this permit,the Permittee shall submit the air pollution emission inventory report
(with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C.
General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ
and shall document air pollutants emitted for the 2012 calendar year.
3. VISIBLE EMISSIONS CONTROL REQUIREMENT-As required by 15A NCAC 2D
.0521 "Control of Visible Emissions," visible emissions from turbine (ID No. ES-TURB1),
manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged
over a six-minute period, except that six-minute periods averaging not more than 87 percent
opacity may occur not more than once in any hour nor more than four times in any 24-hour
period. However, sources which must comply with 15A NCAC 2D .0524."New Source
Performance Standards" or .1110 "National Emission Standards for Hazardous Air
Pollutants" must comply with applicable visible emissions requirements contained therein.
4. 15A NCAC 2D .0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the
following equipment, The Permittee shall comply with all applicable provisions, including
the notification,testing, reporting, recordkeeping, and monitoring requirements contained in
Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source
Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart indicated below,
and including Subpart A "General Provisions."
Emission Source(s) I Regulation
I stationary landfill gas-fired combustion turbine (63.84 Subpart GG- Stationary
mmBTU/hr amximum heat input) (ES-TURB1), Gas Turbines
a. NSPS Emissions Limitations -As required by 15A NCAC 2D .0524,the following
permit limits shall not be exceeded:
Affected Source(s) Pollutant Emission Limit
_ .. _
turbine(ID No. ES-TURB1) NOx
0.0189 %by volume, 15 °/� o
oxygen on a dry basis
turbine ID No. ES-TURB1 Sulfur 0.8%total sulfur content of fuel
) _!
b. MonitorinQ- To ensure compliance with the above limits,the following monitoring
requirements shall apply:
Permit No. 09980R01
Page 3
i. Monitoring for sulfur content of the landfill gas shall be conducted on a semi-
annual basis demonstrating compliance with 40 CFR 60.333. The analysis
procedure shall be "length of tube" method in which sorbent that is sensitive
to H2S is used to detect the presence of this compound in gas samples, and
the amount of sorbent that changes color when exposed to a sample is used to
determine the concentrations of the compound.
ii. No monitoring is required for nitrogen content of the landfill gas.
c. Reporting- To ensure compliance with the above limits,the following reporting
requirements shall apply:
i. Any exceedance of 0.8 percent by weight total sulfur content of the landfill
gas shall be reported to the DAQ within ten(10) days of an exceedance.
5. NOTIFICATION REQUIREMENT-As required by 15A NCAC 2D .0535,the Permittee of
a source of excess emissions that last for more than four hours and that results from a
malfunction, a breakdown of processor control equipment or any other abnormal
conditions, shall:
a. Notify the Director or his designee 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
describe:
i. the name and location of the facility,.
ii. the nature and cause of the malfunction or breakdown,
iii. the time when the malfunction or breakdown is first observed,
iv. the expected duration, and
V. an estimated rate of emissions.
b. Notify the Director or his designee immediately when the corrective measures have
been accomplished.
This reporting requirement does not allow the operation of the facility in excess of
Environmental Management Commission Regulations.
6. FUGITIVE DUST CONTROL REQUIREMENT- 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 that does not pass through a process
Permit No. 09980R01
Page 4
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).
7. ANNUAL EMISSION REPORTING REQUIREMENTS -In accordance with 15A NCAC
2Q .0207 (c), since the facility is located in an area of ozone non-attainment and has actual
emissions of at least 25 tons per year of either NOx or VOC,the.Permittee shall report by
June 30 of each year the actual facility wide emissions of NOx and VOC for the previous
calendar year. The report shall include supporting documentation, emission calculations, and
signature of authorized official to ensure the accuracy of the report.
B. GENERAL CONDITIONS AND LIMITATIONS
1. TWO COPIES OF ALL DOCUMENTS, REPORTS, TEST DATA, MONITORING DATA,
NOTIFICATIONS, REQUESTS FOR RENEWAL,AND ANY OTHER INFORMATION
REQUIRED BY THIS PERMIT shall be submitted to the:
Regional Air Quality Supervisor
North Carolina Division of Air Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville,NC 28115
704-663-1699
For identification purposes, each submittal should include the facility name as listed on the
permit,the facility identification number, and the permit number.
2. RECORDS RETENTION REQUIREMENT- Any records required by the conditions of this
permit shall be kept on site and made available to DAQ personnel for inspection upon
request. These records shall be maintained in a form suitable and readily available for
expeditious inspection and review. These records must be kept on site for a minimum of 2
years, unless another time period is otherwise specified.
3. ANNUAL FEE PAYMENT- Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay
the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a
timely manner will cause the DAQ to initiate action to revoke the permit.
4. EQUIPMENT RELOCATION -A new air permit shall be obtained by the Permittee prior to
establishing,building, erecting, using, or operating the emission sources or air cleaning
equipment at a site or location not specified in this permit.
5. REPORTING REQUIREMENT-Any of the following that would result in previously
unpermitted, new, or increased emissions must be reported to the Regional Supervisor,
DAQ:
a. changes in the information submitted in the application regarding facility emissions;
b. changes that modify equipment or processes of existing permitted facilities; or
Permit No. 09980RO 1
Page 5
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.
6. This permit is subject to revocation or modification by the DAQ upon a determination that
information contained in the application or presented in the support thereof is incorrect,
conditions under which this permit was granted have changed, or violations of conditions
contained in this permit have occurred.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 cleaning device(s) and appurtenances.
7. This permit is nontransferable by the Permittee. Future owners and operators must obtain a
new air permit from the DAQ.
8. This issuance of this permit in no way absolves the Permittee of liability for any potential
civil penalties which may be assessed for violations of State law which have occurred prior
to the effective date of this permit.
9. This permit does not relieve the Permittee of the responsibility of complying with all
applicable requirements of any Federal, State, or Local water quality or land quality control
authority.
10. Reports on the operation and maintenance of the facility shall be submitted by the Permittee
to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be
required by the DAQ. Information required in such reports may include, but is not limited
to, process weight rates, firing rates, hours of operation, and preventive maintenance
schedules.
11. A violation of any term or condition of this permit shall subject the Permittee to enforcement
pursuant to G.S. 143-215.114A, 143-215.114B, and 143-215.114C, including assessment of
civil and/or criminal penalties.
12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or
access to any authorized representative of the DAQ who requests entry or access for
purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such 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.
13. The Permittee must comply with any applicable Federal, State, or Local requirements
governing the handling, disposal, or incineration of hazardous, solid, or medical wastes,
including the Resource Conservation and Recovery Act(RCRA) administered by the
Division of Waste Management.
Permit No. 09980RO1
Page 6
14. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the
air permit at the site. The Permittee must make available to personnel of the DAQ,upon
request,the current copy of the air permit for the site.
15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100
"Risk Management Program," if the Permittee is required to develop and register a risk
management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the
Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part
68.
16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I
Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of
Accidental Releases - Purpose and General Duty," 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. This condition is federally-enforceable only.
17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions
testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing
to the DAQ in support of a permit application or to demonstrate compliance, the Permittee
shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ
procedures including protocol approval, regional notification, report submittal, and test
results approval.
Permit issued this the 24t'of June, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ronald E. Slack
Regional Air Quality Supervisor
By Authority of the Environmental Management Commission
Air Permit No. 09980RO1
ATTACHMENT to Permit No. 09980RO1,June 24, 2013
Insignificant/Exempt Activities
�...... . ..__ ______. . ..................... __. .....__.__...__.... .
Source
Exemption ` Source of Source of Title V
Regulation ; TAPS? Pollutants?
I-1 -diesel storage tank(800 ]2Q .0102
gallon capacity) "(c)(1)(D)(i) Yes Yes
E
1. Because an activity is exempted from being required to have a permit or permit modification
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."
1