HomeMy WebLinkAboutAQ_F_1100542_20141205_PRMT_Permit ALIT
A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 5,2014
Jon E. Creighton
Planning and Development
Buncombe County Government
46 Valley Street
Asheville,North Carolina 2880I
Dear Mr. Creighton:
Si7BJFCT: Air Quality Pcrmit No. 10398T00
Facility ID: 1100542
Buncombe County Landfill JT
Alexander,North Carol i na
Buncombe County
Fee Class. Title V
In accordance with your completed Air Quality Permit Application for the Renewal of a Title V permit
received May 8, 2014, we are forwarding herewith Air Quality Permit No. 10398T00 to the Buncombe County
Landfill H, located at 81 Panther Branch road, Alexander, North Carolina authorizing the construction and
operation,of the emission source(s) and associated air pollution control devices specified herein. Additionally,
any emissions activities deternuned 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 tenns 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 tern or condition of the
attached permit reviews,understands, and abides by the conditions of the attached permit that are applicable to
that particular emission source.
If any parts, requirements, or limitations contained in this Air Quality Permit are unacceptable to you,
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) 1508-23, and filed with both the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714 and the.Division of
Air Quality,Permitting Section, 1641 Mail Service Center,Raleigh,North Carolina 27699-1641. The form for
requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative
Hearings, Please note that. this permit will be stayed in its entirety-upon receipt of the request for a hearing.
Unless a request for a hearing is made pursuant to NCGS 150B-23, this Air Quality Permit shall be final and
binding 30 days after issuance.
1641 Mail Service Center,Raleigh,North Carolina 27699-1641
Phone:919-707-64001 Internet:www.ncdenr.gov
An Equal Opportuniryl Affirmative Action Employer—Made in pan with recycled paper
Mr.Creighton
December 5, 2014
Page 2
You may request modification of your Air Quality Penrtit 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 trade under
NCGS 15013-21
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
Permtttee 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
Permittee to civil or criminal penalties as described in GS 143-215.1 14A and 143-215.1 14B.
This Air Quality Permit shall be effective from December 5, 2014 until November 30, 2019, is
nontransferable to future owners and operators, and shall be subject to the conditions and limitations as
specified therein.
Should you have any questions concerning this matter, please contact Mr. Booker T. Pullen at (919)
707-84b9.
�Sincerely yours,
William D. Wil lets,P.E.,Chief, Permitting Section
Division of Air Quality,NCDENR
Enclosure
c: Heather Ceron,EPA Region 4
Raleigh Regional Office
Central Files
Mr.Creighton
December 5,2014
ATTACHMENT to the Cover Letter of Permit No. 10398T00
Insi ificant Activities per 15A NCAC 2Q .0503(8)
Ernis'sion Sourct;ID NO. Emission.Source Description ,..'y.
IES-TG 1 One Diesel fuel-fired Morbark tub grinder,Model 1200(nonroad engine, 650 hp
ca acit y)
IES-0I One storage tank with two compartments(one compartment that stores 10,000
gallons of off-road Diesel fuel, and one compartment that stores 2,000 gallons of
gasoline)
IES-02 One Diesel fuel storage lank(6,000 gallon capacity)
IES-03 On leachate pond(30,000 square feet of surface area, 1,000,000 gallon ca �tcity)
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. Whcn 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 .071 1 "Emission Rates Requiring a Permit".
3. For additional information regarding the applicability of GACT see the DAQ page titled "The Regulatory
Guide for Insignificant Activities/Permits Exempt Activities". The link to this site is as follows;
http:Ildaq.stot.e.ne.us/permitslinsi 1
Mr.Creighton
Decembcr 5, 2014
ATTACHMENT to the Cover Letter of Permit No. 10398T00
Changes made to the Permit pera lication 1140542.14A:
Old Page New Page - Condition No. Changes
No. No.
Cover Pages of Permit
This facility is being transferred from the_jurisdiction of the Western North Carolina Regional Air Quality
Agency to the jurisdiction of the NCDFNR Division of Air Quality. The entire format of the air permit will has
been changed.
144,;j nificant Adtivitto-List
Insignificant activities were added to the permit per the format of the NCDENR Division of Air Quality.
..,.. _. .-... : ;::. •- $:pcly of tl}ie Pe:rrWJ:t
This facility is being transferred from the jurisdiction of the Western Nortb Carolina Regional Air Quality
Agency to the jurisdiction of the NCDENR Division of Air Quality. The entire format of the air permit will has
been changed.
State of North Carolina, F X. *41
Department of Environment,
and Natural Resources
Division of Air Quality NCDENR
AIR QUALITY PERMIT
Pen-nit No. ' Replaces Permit No.`. =' Effective Date Expiration Date
10398TOO 11-542.10A * December 5, 2014 November 30, 2019
* Buncombe County Local Program permit number
Until such time as this permit expires or is modified or revoked, the below named Permittee is permitted to construct
and operate the emission sourcc(s)and associated air pollution control devices) 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),Subehaptcrs 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: Buncombe County Landfill II
Facility ID: 1100542
Facility Site Location: 81 Panther Branch Road
City, County,State,Zip: Alexander,Buncombe County, North Carolina 28701
Mailing Address: 81 Panther Branch Road
Mailing City, North Carolina, Zip: Alexander,Buncombe County, North Carolina 28701
Application Number: 1100542.14A
Complete Application Date: May 8,2014
Primary SIC Code: 4953
Division of Air Quality, Asheville Regional office
Regional Office Address: 2090 Highway 70
Swannanoa, North Carolina 28778
Permit issued this the 5"' day of December, 2014
(�ilIi.am D.Willets, .E.,Chief,Permitting Section
By Authority of the Environmental Management Commission
Permit 10398TOO
Page 2
Table Of Contents
SECTION 1: PERMTTTED EMISSION SOURCE(S) AND ASSOCIATED
AIR POLLUTION CONTROL DEVICE(S) AND APPURTENANCES
SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS
2.1-Emission Sources) Specific Limitations and Conditions
(Including specific requirements,testing, monitoring,recordkeeping, and reporting requirements)
2.2- Permit Shield for Non appli cab le Requirements
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
List of Acronyms
Permit 10398T00
Page 3
SECTION I-PERMITTED EMISSION SOURCES AND ASSOCIATED AIR
POLLUTION CONTROL DEVICES AND APPURTENANCES
The follo ing table contains a suuunary of all perinitted emission sources and associated airpollution control devices and appurtenances:
Page Emission Source Emission Source.Description ;., . Control Device Control Device
m. .,..
ltiio.... 1n No..�. .. .:...,. ,:...,..<.:. ,,. . .. . .. m lYu. Uescrt pthnn
3. 12 F.S-C1 Municipal Solid waste landfill with a CD-GCCS 1 *'" One landfill gas collection
NSPS Subpart WWW lcachalc recirculation system,consisting of and control system
a 121 acre disposal area including:
CD-1
One two-stage landfill gas-
fired candle-stick type
Flare(300 scfm minimum
Flow rate and 3000 sciin
maximum flow rate)
3,7,8, ES-CT I One landfill gas-fired engi nel generator set. None None
1 I NSPS Subpart JJJJ (engine= 1966 hp, 17 mTnBtulhr heat input
MACT Subpart LZZZ capacity and generator= 1466 kW output
capacity)
**Voluntary gas collection and control system that is not currently required by 40 CFR Part 60,Subpart WWW
SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS
2.1.- Emission Sources and Control Devices Specific Limitations and Conditions
The emission source(s)and associated air polludon control device(s)and appurtenances listed below are subject to the following
specific terms, conditions, and limitations, including the testing, monitoring, recordkccping, and wpo r ing requirements as
specified herein-
A. Municipal solid waste landfill(ID No.FS-Cl)with associated landfill gas collection and control system(CD-
GCCSI)including one two-stage landfill gas-fired candlestick type flare with variable flaw rates(300 scrm
minimum flow rate and 3000 scfm maximum Flow rate,CD-1)
The following table providcs a summary of limits and standards I-or the emission source described above:
Regulated Pollutant Limits/Standards Applicable Regulation
Non methane organic Less than 50 Megagrams per year 15A NCAC 213.0524
compounds(NMOC) NSPS Subpart WWW
Sulfur dioxide Less than 2.3 pounds per million BTU input 15A NCAC 2D.0516
Visible emissions 20 percont opacity 15A NCAC 2D.0521
Odorous emissions Apply suitable odor control measures 15A NCAC 2D.1806
State Enforceable Only
-1. 1.5A NCAC 2D.0524: NEW SOURCE PERFORMANCE STANDARDS
a. The Pcrmittec shall comply with all applicable provisions,including the notification,testing,recordkeeping,
and monitoring requirements contained in Environm.ental Management Commission Standard 15A NCAC
2D.0524"New Source l erformance Standards(NSPS)as promulgated in 40 CFR Part 60 Subpart WWW,
including Subpart iI "Gen;ral Provisions."
i
I
Permit 10398TOO
Page 4
Test Methods and Procedures [15A NCAC 2D.0524,40 CFR 60.7541
b. If emission testing is required, the,testing shall be performed in accordance with 1.5A NCAC:2D .0524,40
CFR 60.754 and General Condition 1.1. If the results of this test are above the limits given in 40 CFR Part
60.Subpart.WNW,the Permittee~hall he deemed in noncompliance with 15A NCAC 2D .0524, Subpart
W NNTW.
i. The Permittee shall calculate the NNIOC emission rate using either the equation provided in 40 CFR
60.754(a)(1)(i)or the equation provided in paragraph 40 CFR 60.754(a)(1)(ii). Both equations may
be used if the actual year-to-year solid waste acceptance rate is known,as specified in paragraph
(a)(1)(i),for part of the life of the Iandlill and the actual year-try-year solid waste acceptance rate is
unknown, as specified in paragraph(a)(1)(ii),for part of the life of the landfill. The values to be used
in both equations are 0.05 per year for k, 1.70 cubic meters per ie gag ram for Lo, and 4,000 parts per
million by volume as hexane for the CNTToc•
(A) The Permittee shall compare the calculated NMOC mass emission rate to the standard of 50
megagrams per year.
(B) If the NMOC emission rate calculated in paragraph(a)(1)of§60.754 is less than 50 megagrams
per year, then the Permittee shall submit an omission rate report as provided in§60.757(b)(1),
and shall recalculate the NMOC.mass emission rate annually as required under y60.752(h)(1).
(C:) if the calculated NMOC emission rate is equal to or greater than 50 megagrams per year,then
the Permittee.shall either comply with 40 CFR 60.752(b)(2),or determine a site-specific NMOC
concentration and recalculate the NMOC emission rate using the procedures provided in
§60.752(a)(3).
(D) The Permittee shall recalculate the NMOC mass emission rate using the equations provided in
paragraph(a)(1)(i)or(a)(1)(ii) of 40 CFR 60.754, "Test Methods and Procedures"and using the
average NMOC concentration from the collected site samples instead of the default value in the
equation provided in paragraph(a)(1)of §60.754
(E) If the resulting mass emission rate calculated using the site-specif fie NMOC concentration is
equal to or greater than 50 megagrams per year, then the Permittee shall either comply with 40
CFR 60.752(b)(2),or detetniine the site-specific methane generation rate constant and
recalculate die NMOC emission rate using the site-specific methane generation rate using the
procedure specified in paragraph (a)(4)of 40 CFR 60.754.
(F) If the resulting NMOC mass emission rate is less than 50 megagrams per year;the Permittee
shall submit a periodic estimate of the emission rate report as provider)in 40 CFR 60.757(b)(1)
and retest the site-specific NMOC concentration every 5 years using the methods specified in 40
CFR 60.757(b)(1).
Standards For Air Emissions From Municipal Solid Waste Landfills 140 CFR 60,7521
c. When the municipal.solid waste landfill design capacity becomes equal to or greater than 2.5 million
megagrams by mass and 2.5 million cubic meters, with a calculated NMOC emission rate equal to or greater
than 50 megagrams per year, the Permittee shall submit a gas collect.itm and control System design plan
prepared by a professional engineer who is registered in the State of North Carolina, within one year of the
annual report that shows that NMOC emissions will exceed 50 Mg per year:
L The collection and control system design plan shall include any alternatives to the operational
standards,test methods,procedures,compliance measures,monitoring,recordkeeping or
ii. The collection and control system design plan shall either conform with specifications for active
collection systems in §60.759 or include a demonstration to the Administrator's satisfaction of the
sufficiency of the alternative provisions to §60.759.
Permit 10398TOO
Page 5
iii. ll'the calculated NMOC emission rate is equal to or greater than 50 trtegagrams per year, the Fermittee
shall install a collection and control system that captures the gas generated within the landfill as-
required by paragraphs (b)(2)(ii)(A) or (13) and (b)(2)(iii) or§60.752 within 30 months after the first
annual report in which the emission rate equals or exceeds 50 megagrams per year. unless Tier 2 or
Tier 3 sampling demonstrates that the emission rate is less than 50 niegagrams per year,as specified in
§60.757(c)(J)or(2).
(A) An active collection system shall:
(1) Collect gas from each area,cell, or group of cells in the landfill in which the initial solid
waste has been placed for a period of 5 years or more if active;or 2 years or more if closed
or at final nal grade:.
(2) Collect gas at a sufficient extraction rate and be designed to minimize.off-site migration of
subsurface gas.
(3) Route all the collected gas to a control system that complies with the requirements
in either paragraph(b)(2)(iii)(A),(B)or(C)of§60.752.
(4) The control device shall be operated within the parameter ranges established during the
initial or mosI recent performance test. The operating parameters to be monitored are
specified in§60.756.
A' onitorinpJReeardkeeping [40 CFR 60.756 and 60.758]
d. Except as provided in §60.752(h)(2)(i)(B),the Permittee that is subject to the provisions of§60.752(b)shall keep
for at least 5 years, up-to-date,readily accessible, on-site records of the design capacity report which triggered
§60.752(b),the current amount of solid waste in-place,and the year-by-year waste acceptance rate. Off-site
records may be maintained if they are retrievahle within.4 hours.Either paper copy or cIcctronic formats are
acceptable.
e. Landfills subject to the provisions of this subpart shall keep readily accessible documentation of the nature, date
of deposition, amount, and location of asbestos-containing or nondegradable waste excluded
from collection as provided in §60.759(a)(3)(i) as well as any nonproductive areas excluded from collection as-
provided in §60.759(a)(3)(ii).
ReportinE[40 CFR 60.757, 15A 2Q.0508(1)]
f. This facility is subject to the requirements of 40 CFR Part 60,Subpart WWW and shall submit an NMOC
emission rate report to the Regional Office annually,except as provided for in paragraphs(b)(I)(ii)or(b)(3)
of 40 CFR 60.757.
If the estimated NMOC emission rate as reported in the annual report.to the Administrator is less than 50
megagrams per year in each of the next 5 consecutive years, the Perinittee may elect to submit an estimate of
the NMOC emission rate for the next 5-year period in lieu of the annual report. -Phis estimate shall include the
current aniount of solid waste-in-place and the estimated waste acceptance rate for each year of the 5 years for
which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall
he provided to the Administrator. This estimate shall be revised at Ieast once every 5 years. if the actual
waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate,
a revised 5-year estimate shall be submitted to the Administrator.The revised estimate shall cover the 5-year
period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste
acceptance rate.
The NMOC emission rate report shall include all the data,calculations,sample reports and measurements
used to estimate the annual or 5-year emissions. The Regional Office may request such additional information
as may he necessary to veri l'y the reported NMOC erission rate.
Permit 10398T00
Page 6
g. The Perrnittee shall submit a summary report of monitoring and recordkeeping activities by January 30
of each calendar year for the preculing six-month period between.July and Decemher and July 30 of each
calendar year for the preceding six-month period between January and June. Adl instances of
deviations from the requirements of this permit must be clearly identified.
2. 15A NCAC 2D.051G:SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide from flare(CD-1)shall not exceed 2.3 pounds per million Stu 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 [I 5A NCAC 2Q.0508(f)]
h. if emission testing is required, the:testing Shall be performed in accordance with General Condition JJ. If the
results of this test arc above the limit given in Section 2.1 A.2. a. above, the Permittce~hall he deemed in
noncompliance with 15A NCAC 2D.0516.
iNlonitorin ewrdkee in Re ortin [15A NCAC 2Q.0508(I)l
c. No monitoring,recordkeeping,or reporting is required for sulfur-dioxide emissions from the firing of landfill
gas in the flare.
3. 15A NCAC 2D.0521: CONTROL OF ViSIBLE EMISSIONS
a. Visible emissions from flare(CD-1)shall not be more than 20 percent opacity each 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-ruinutc average exceed 87
percent.opacity.
Testing [15A NCAC 2Q.0508(f)]
b. If emission testing is required,the testing shall be performed in accordance with General.Condition JJ. If the
results ofthis test are above the limit given in Section 2..1 A. :3. a,above.the Permit.tee shall he deemed in
noncompliance with 15A NCAC 2D.0521.
Monitoring[15A NCAC 2Q.0508(0I
c. No monitoring,recordkeeping,or reporting is required for visible emissions from the firing of landfill gas in
the flare.
STATE ENFORCEABLE ONLY
4. 115A NCAC:2D.1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
The Porrnittee shall not operate the facility without implementing management practices or installing and operating
odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to
objectionable odors beyond the fac.iIity's boundary.
• Definitions [15A NCAC 2D .1801]:
Objectionable odor: any odor present in the ambient air that by itself,or in combination with
other odors, is or may be harmful or injurious to human health or welfare, or may unreasonably
interfere with the comfortable use and enjoyment ol'life or property. Odors are harmful or injurious to
human health if they tend to lessen human food and water intake,interfere with sleep,upset appetite,
produce irritation of the upper respiratory tract,Or cause symptoms of nausea,or iT their chemical or
physical nature is,or may be,detrimental or dangerous to human health.
■ Technologically feasible: odor control device or a proposed solution to an odor problem has previously been
demonstrated to accomplish it.s intended objective,and is generally accepted within the technical community.
It is possible for technologically feasible solutions to have demonstrated their suitability ou similar, but not
identical,sources for which they are proposed to control.
Permit 10398TOO
Page 7
B. One landfill gas-fired engine/generator yet,ES-GI (engine=1966 hp, 17 mmBtulhr heat input capacity and
generator=1466 kW output capacity)
The following table provides a su mary of limits and standards for the emission source described above:
Regulated Pollutant Limits/Standards Applicable Regulation
Sulfur dioxide Less than 2.3 pounds per million BTU input 15A NCAC 2D.0516
Visible emissions 20 percent opacity 15A NCAC 2D,0521
CO,NOx,VOCs Exhaust Emission Standards for engines 15A NCAC 2D .0524
manufactured after 7/1/2010 40 CFR Part 60,Subpart JJJJ
CO: 5.0 glHp-hr or 610 ppnivd at 15%Oz
NOx: 2.0 g/Hp-hr or 150 ppmvd at 15%02
VOCs: 1..0 g/Hp-lu-or 80 pptnvd at 15%O,
Hazardous air pollutants Meet the requirements of 40 CUR Part 60.. 15A NCAC 2D.l I I I
Subpart JJJJ 40 CFR Part 63,Subpart ZZZZ
1. 15A NCAC 2D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide from the engine(ID No. ES-GI) 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 emission testing is required, the testing shall be performed in accordance with General Condition JJ. If
the results of this test are above the limit given in Section 2.1 B. 1. a. above,the Permittee shall be deemed
in noncompliance with 15A NCAC 213.0516.
Monitorine/Recordkeening/Renorting[15A NCAC 2Q.0508(f)]
c. No monitoring;, recordkeeping, or reporting is required for sulfur dioxide emissions from the tiring landfill
gas in the engine/generator set ES I.
2. 15A NCAC 2D.0521: CONTROL OF VISIBLE EMISSIONS
a. Visible cmis5ic}ns from the engine/. nerator set(ES-(-;I)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 emission testing is required, the testing shall be performed in accordance with General Condition JL If
the results Of this test are above the limit provided in Section 2.1 R. 2. a, above, the Permittee shall be
deemed in noncompliance with 15A NCAC 2.D .0521.
Monitoring/Recordkeeping/Reporting [I 5A NCAC 2Q.05081
c. No monitoring,recordkeeping,or reporting is required for visible emissions from the firing of landfill gas in
[tic enginelgencrator sot LS-G 1.
Permit 10398TOO
Page 8
3. 15A NCAC 2D.0524: NEW SOURCE PERFORMANCE STANDARDS
• F_.S-61 (Landfill gas-tired enginelgenerator set.lean burn, 1966 Hp output engine, 1466 kW output)
a. The Permittee shall comply with all applicable provisions, including the requirements for emission
standards, notification, Costing, reporting, record keeping, and monitoring, contained in Environmental
Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards(NSPS)" as
promulgated in 40 CFR Part 60 Subpart JJJJ, including Subpart A "General Provisions." [15A NCAC 2D
.05241
Emission Standards[40 CFR 60.4233(c)]
b. The Permittee shall comply with the following eirussi.on standards for spark ignition (SI)engines for model
year rnanufacLured after July 1, 2010. Stationary spark ignition in combustion engine~shall achieve [he
the required emission standards over the entire life of the engine.
ExhausL emission standards:
CO: 5.0 gfHp-hr or 610 ppmvd at 15%n 02
NOx: 2.0 g/Hp-hr or 150 ppmvd at. 15%U,
VOCs: 1.0 glHp-hr or 80 ppmvd at 15%02
Textin [15A NCAC 2Q .0508((), 40 CFR 60.8
c. If emission testing is required,the testing shall be performed in accordance with General Condition JJ. If
the results of this test are above the iimiC given in Suction 2.1 &3, b.above,the Punnittec shall he deemed
in noncompliance with 15A NCAC 2D.0524.
Initial Performance'Testing [15A NCAC 2Q.0508(t),40 CFR 60.4243(h)and 40 CFR 60.4244]:
d. The Perrnittee shall keep a maintenance plan and records of conducted maintenance and shall, to the extent
practicable, maintain and operate the engine in a manner consistent.with good air pollution control practice
for niirtimizing emissions. An initial.Performance test shall be conducted for NOx,CO,and VOC
eniissions for eEigine ES-G1)and the Pertnittee shall conduct subsequent performance testing every 8,760
hours or 3 years,whichever comes first,thereafter to demonstrate compliance.
RecordkeepinL�/ReportinelNotificatinn [15A NCAC 2Q.0508(f)7 40 CFR 60.42451
e. Stationary spark(SI)ignition internal combustion engines shall meet the following notification,reporting
and recordkeeping requirements.
i. Keep records of the following information:
(A) All notifications submitted to comply with this subpart and all documentation supporting any
noti ficad out.
(B) Maintenance conducted on the engine.
(C) If the stationary SI internal combustion engine is a certified engine,documentation from the
manufacturer that the engine is certified to meet the emission standards and information as
required in 40 CFR parts 90, 1048, 1054,and 1060,as applicable.
(D) If the stationary SI internal combustion engine is not a certified engine or is a certified engine
operating in a non-certified manner and subject to§60.4243(a)(2),documentation that the
engine meets the emission standards.
Permit 10398TOO
Page 9
ii. Stationary SI ICF greater than or equal to 500 HP that have not been certified by an engine
manufacturer to meet the emission standards in 40 CFR 60A231 must sribtnit an initial notification as
required in 40 CFR§60.7(a)(1). The notification must include the information:
(A) Name and address of the Permitwc;
(B) The address of the affected source;
(C) Engine information including make, model,engine family,serial number. model year,maximum
engine power,and engine displacement;
(D) Emission control equipment;and
() ) Fuel used.
iii. Stationary Si ICE that are subject to performance testing shall submit a copy of each performance test
as conducted in 40 CFR 60.4244 within 60 days after the test has been completed.
4. 15A NCAC 2D.1111:MAXIMUM ACHIEVABLE CONTROL
The Pennittee shall comply with all applicable provisions,including[lie requirements for emission standards,
notification, testing,reporting,record keeping,and monitoring,contained in F,nvironmental Management
Commission Standard 15A NCAC 2D .1 l 1 1 "Maximum Achievable Control Technology" as promulgated in 40
CFR Part 63 Subpart ZZZZ"National Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines(RICE)"
• ES-Gl (Landfill gas-fired spark ignition enginelgeaerator set,lean burn 1966 hp engine output, 1466
kW generator output)
a. Pursuant to 40 CPR 63.6590(c)(1),this RICE.engine shall meet the requirements of 40 CFR Part 63,
Subpart ZZZZ and Subpart A by meeting the requirements of 40 CFR Part 60 Subpart JJJJ.
Notification Requirements[15 A NCAC 2Q.0508(f)]
b. No notifications are required for this source.
STATE ENFORCEABLE ONLY
5. North Carolina General Statute GS 62-133.8(g)
Carbon Monoxide(CO)
- Nitrogen Oxides(NOx)
- Particulate Matter(PM 1(YPM2.5)
Volatile Organic Compounds(VOCs)
- Sulfur Dioxide(SO2)
- Lead(Pb)
Mercury(Hg)
a. Best Available.Con[rol Technology:
i. In order to comply with the best available control technology(BACT)determination pursuant to
GS 62- 131.8 (g)li)r Carbon Monoxide:
• Carbon Monoxide emissions sliall not exceed 2.75 glhp-hr.
ii. In order to comply with the best available control technology(BACT)determination pursuant to GS 62-
133.8(g)for Nitrogen Oxide:
• Nitrogen Oxidc emissions shall not exceed 0.6 g/hp-hr.
iii. In order to comply with the best available control technology(BACT)determination pursuant to GS
62- t33.8(g)for PMI01PM2.5:
• PMIOIPM2.5 shall be controlled from each engine using good combustion practices and the
burning of landfill gas in the engine.
Permit d 0398TOO
Page 10
iv. In order to comply with the best available control technology(BACT)determination pursuant to GS 62-
133.8(g)for Sulfur Dioxide:
• Sullur Dioxide shall he controlled from each engine:using good combustion practices and the burning
of landfill gas in the engine.
V. In order to comply with the hest available control technology(BACT)determination pursuant
to GS 62- 133.8 (g)for Voiatilc Organic Compounds:
• Volatile Organic Compounds shall be controlled front each engine using goad combustion
practices and the burning of landfill gas in the engine.
vi. In order to comply with the best available control technology(BACT)determination pursuant to
GS 62- 133.8(g) ler Mercury:
• Mercury shall be controlled from each engine using good combustion practices and the burning
of landfill gas in the engine.
vii. In order to comply with the best available control technology(BACT)determination pursuant to
GS 62-133,8 (g)for Lead:
• Lead shall be controlled from each engine using good combustion practices and the burning of
landfill gas in the engine.
h. Test results(gJhp-hr) from 40 CPR 60.4244, NSPS Subpart J.1.1.1 shall be used to demonstrate compliance
with the State BACT limits listed above in this Section.
c. The Permittee;shall perform inspections and maintenance;as recommended by the manufacturer. In additionto
the manufacturer's inspection and maintenance recommendations,or if there is no manufacturer's inspection
and maintenance recommendations,as a minimum, the inspection and maintenance requirement shall include the
following:
i. The Permittee shaft perform an annual inspection (for each 12 month period IolIowing the initial
inspection)to ensure the engine is operating properly.
ii. 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:
(A) The date and time of each recorded action;
(B) The results of each inspection;
(C) The results of any maintenance performed on the engine;
(D) Any variance fi•om manufacturer's recommendations,if any, and the corrections made.
Repo rtine Requirements J_15A NCAC 2Q .0508]
d. The Permittee shall maintain a monthly summary report,acceptable to the Regional Air Quality Supervisor, of
monitoring and recordkeeping listed above and shall submit the results within 30 days of a written request by
the DAQ,
2.2 - Permit Shield for Nonapplicahle Requirements: [15A NCAC 2Q .0512(a)(1)(B)]
The Perm ittee is shielded from the following nonapplicahIC rcquircmenis.
151E NCAC 2D.I 1 11 is not applicable to the Municipal Solid Waste Landfill(ES-C 1)because the landfill is
not required to install a gas collection and control system per NSPS Subpart WWW and the leachate recirculation
process at the landfill does not meet the definition of a bioreactor.
Permit 10398TOO
Page 11
SECTION 3 - GENERAL CONDITIONS (version 3.6, 01/31/12)
This section describes terms and conditions applicable to this Title V facility.
A. General Provisions[NCGS 1 4.3-215 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 143-215.1 14A and 143-215.114B.including assessment of civil and/or criminal penalties.Any
unauthorized deviation from the conditions of this permit may constitute grounds liar 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 liahility for harm or injury to human health or welfare,at}imal 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 ol'statc laws or rules,unless specifically authorized by an order
from the North Carolina Environmental Management Commission.
5. Except as identified as suLte-only requirements in this permit,all terms and conditions contained herein shall he
enforceable by the DAQ,the EPA.and citizens of Lhe United States as defined in the Federal Clean Air Act.
b. 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 facidity 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 pennit 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 he invalid,shall
remain valid and must be complied with.
D. Submissions[15A NCAC 2Q.0507(e)and 2Q.0508(i)(l6)]
Except as otherwise specified herein,two copies of all doe uments,reports.test data,monitoring data,notifications,request
for renewal,and any other information required by this permit shall be submitted to the appropriate Regional Of lice. Refer
to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems(GEMS)
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 1D number(refer to the cover page of tl}is permit).
Permit 1❑398TOO
Page 12
E. Duty to Comply[15A NCAC 2Q.0508(i)(:3)]
The Pernrittee 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 reissumce,or modification,or for denial of a permit renewal application.
F. Circumvention-STATF.ENFORCFARi.F 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 he operated without the concurrent operation of
its associated air pollution control devicc(s)and appuricnances.
C. Permit Modifications
1. Administrative Permit Amendment~[15A NCAC 2Q A514]
The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 2Q
.05 14.
2. 'Transfer in Ownership or Operation and Application Submittal Content [I5A NCAC 2Q.0524 and 2Q.0505]
The Pennittee shall submit an application for an ownership change in accordance with 15A NCAC 2.Q.052.4 and 2Q
.0505.
3. Minor Permit Modifications[15A NCAC 2Q.0515]
The Pernuttee shall submit an application for a minor permit modification in accordance with 15A NCAC 2Q.0515.
4. Significant Pcnnk Modifications[15A NCAC:2Q.0516]
The Perrnittee shall submit an application for a significant permit mexlification in accordance with 15A NCAC:2Q
.0516.
5. Reopening for Cause [15A NCAC 2Q.05171
The Permittee shall submit an app]icat.ion for reopening [or cause in accordance with 15A NCAC 2Q.0517.
H. Chan es 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 ] must he
reported to the Regional Supervisor,UAQ:
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 UAQ to reflect any necessary changes in the permit
conditions. In no case are any new or increased emissions a]lowed that will cause a violation of the emission limitations
specified herein.
2. Section 5O2(b)(10)(=hanges[15A NCAC 2Q.O-$2.3(a)I
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 cerlilicalion
requirements.
b. The Permittcc may make Section 502(b)(10)changes without having the permit revised if:
i. the changes are not a modification under Title I of the Federal Clean Air Act;
ii. the changes do not cause the allowable emissions under the permit to he exceeded;
iii. the Pennittee 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.
Permit 10398TOO
Page 13
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)J
Tlie Permittee may make changes in the operation or etnissions without revising the permit if:
a. the change affects only insignificant activities and the activities remain insignificant after the change;or
b. the change is not cove-rod under any applicable requirement.
4. Emissions Trading[15A NCAC 2Q.0523(c)]
To[lie 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
[l5A NCAC 2D.0535(t)and 2Q .0508(t)(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 213;or by a permit condition;or that exceeds an emission limit
established in a permit issued under €5A.NCAC:2Q.070U. (Note:Definitions of excess emissions Under 2D.11 l0 cuid 2D
.1111 shall apply ivhere defused 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 upseL conditions as well as excess emissions as defined above lasting less than['our
hours.
Excess Emissions
1. If a source is required to report excess ernissions under NSPS(15A NCAC 2D.0524),NESHAPS(15A NCAC 2D
1 1 10 or.1 1 11), or the operaLing permit provides for periodic(c.g.,quarterly)reporting of excess emissions,reporting
shall he performed as prescribed therein.
2. If the source is not subject to NSPS(15A NCAC 2D.0524),NESHAPS(15A NCAC 2D.1110 or.I f I I),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 occunrencc and provide:
■ name and location of the facility;
■ nature and cause of Lhe malfunction or breakdown;
■ time when the malfunction or breakdown is first observed:
■ expected duration;and
• estimated rate of emissions;
L 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:PermiLtcc 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.
Permit 10398T00
Page 14
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 ol'the appropriate
rule unless the owner or operator of the sources demonstrates to the Director,that the excess crnissions are a result of a
malfunction. The Director shall consider,along with any other pertinent information,the criteria contained in .15A
NCAC 2D.05.35(c)(I)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 he subject to the following provisions with respect to emergencies:
l. An crnergency means any situation arising from sudden and reasonably unforesecable events beyond the control of the
facility,including acts of God,which situation requires immediate corrective action to restore normal operation,and that
causes[lie facility to exceed a technology-based emission litnitation 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 pre ventivc maintenance,careless or improper operation,or operator error.
2. An emergency constitutes an affirmative defense to an action brought.for noncompliance with such technology-based
emission limitations if the conditions spccilicd 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 pennitted facility was at the time being properly operated;
c. during the period of the emergency the Permittee took all reasonable steps to rnitihnize levels of emissions that
exceeded the standards or other requirements in the permit,and
d. the Permittee submitted notice of the emergency to the DAQ within two working days of the time when emission
limitations were exceeded due to the emergency. This notice IT)ust 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 hrCAC 2Q.0508(e)and 2Q .0513(b)]
This 15A NCAC 2Q .0500 Permit is issued I'or a fixed 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 Pcrmittec 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 su*ct 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 Activitv Not a Defense[I5A NCAC 2Q.0508(i)(4)]
It shall not be a defense for a Permittee in an enlorccmont 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)())]
1. The Permittee shall furnish to the DAQ,in a timely manner.any reasonable infonnation that the Director may request in
writing to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit or to
determine comp]iance with the pennit.
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 infonnation claimed to be confidential,the Permittee may Furnish such records directly to the FPA
upon request along with a claim of confidentiality.
Permit 10398TOO
Page 15
N. QLAX to Su lcmcnt[15A NCAC 2Q.0507(f)]
The Permittee,upon becoming aware that any relevant facts were❑mitred or incorrect information was submitted in the
permit application,shall promptly submit such supplementary facts or corrected information to the DAQ. The Pennittoc
shall also provide additional information as necessary to address any requirement that becomes applicable to the facility after
the elate a complete permit application was submitted but prior to the release of the draft pemiit.
G Retention of Records[15A NCAC 2Q.0508(f)and 2Q.0508(1)]
Thu Purmittuu shall retain records ol'ali 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 snip-chart recordings for continuous monitoring information,and copies
of all reports required by the pemiit. 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 2Ql ,0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and FPCRA Enforcement Branch.EPA, Region 4,61 Forsyth
Street,Atlanta,GA 30303)postmarked on or before March 1 a compliance certification(for the preceding calendar year)by
a responsible official with all federally-enforceable terms and conditions in the permit, including emissions limitations,
standards,or work practices. It shall be the responsibility of the current owner to submit a compliance certification for the
entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional
requirements as may be specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act. Thu 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 Lenns and conditions of the permit;for the period covered by(lie certilicaLiou);
3. whether compliance was continuous or intom ittent;and
4. the method(s)used for determining the compliance status of the source during the certification period.
Q Certification by Responsible Official[I 5A NCAC 2Q.0520]
A responsible official shall certify the truth,accuracy,and completeness of any application form,report,or compliance
corti tic ation 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. Clio liability ol'an owner or operator of a facility for any violatiou oi'applicahle 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 perrrmi.t 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 moxiifications made under 15A NCAC 2Q.t}515.
Permit 10398TOO
Page 16
S. Teritaination,Modification,and Revocation of the Permit[15A NCAC 2Q.051.9]
The Director may terminate,modify,or revoke and reissue this permit if:
1. the information con Lai nud in the application or presen Led 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 fi•om demonstrating compliance with any
applicable requirement. The Permittee shall have available at the facility at.ail 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 perinit does not convey any property rights in either real or personal property or any exclusive privileges.
V. Ins ction and Entry[15A NCAC 2Q.0508(1)and NCGS 143-215.3(a)(2)]
1. Upon presentation of credentials and otlier documents as may be required by law, the Permittee shall allow the DAQ,or
an authorised 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,aL reasonable times,any records that are required to be kept under the conditions of the
permit;
c. inspect at reasonable Limes and using reasonable safely 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 tunes.
Nothing in this condition shall limit the ability of the EPA to inspect or enter the premises of the Permittee wider SccLion
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 1 15A NCAC 2Q.0509(i)(10)]
1. The Permittee shall pay all fees in accordance with 15A NCAC 2Q.0200.
2. Payment of fees may he by check or money order made payable to the N.C.Depar anent of Environment and Natural
Rcsnun es. Annual permit fee payments shall refer to the permit number.
3. If,within 30 days after being billed,the Pennittee fails to pay an annual fee,the Director may initiate action to terminate
the permit under 15A NCAC.2Q.0519.
X. Annual Emission Inventory Regttirements[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 ernlSSlon 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 reporr shall be certified by a responsible official of the
facility.
Permit 10398TOO
Page 17
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 A 107,the
Permittee may also submit a copy of all such information and claim directly to the EPA upon request. All requests for
confidentiality must he in accordance with 15A NCAC 2Q.0107.
7.. Construction and Operation Permits[15A NCAC 2Q.0100 and.0300]
A construction and operating pennit shall be obtained by the Permittee for any proposed new or modi lied Facility or emission
source which is not exempted from having a permit prior to the beginning of construction or rnodilication,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 subrrtit a statement of financial qualifications and/or a statement ol'substantial
compliance history.
CC. Re£ri2erant Requirements(Stratospheric Ozone and Climatc Protect 15A NCAC 2Q.0501(e)]
1. If the Permittee has appliances or refrigeration equipment.including air emditionirig equipment,which use Class I or II
ozone-depleting substances such as chlorofluorocarbons and hydrochldrof7uorocarbons 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 cerl.ifi cat ion 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 II substance into the environment during the
repair,servicing,maintenance,or disposal of any such device except as provided in 40 CFR Parl.82 Subparl.F.
3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR 81166. Reports shall he.
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 1 12(r)of the
Clean Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 69.
F.F. 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 Perm Mee produces,processes,handles,or stores any amount of
a listed hazardous substance,the Permittee has a general duty to take such steps as are necessary to prevent the accidental
release of such substance and to minimize the consequences of any release.
FF. Title IV Allowances[15A NCAC 2Q.0508(i)(1)]
This permit does not limit the number of Title IV allowances held by the Permittee,but Lite Permittee may not use allowances
as a d6ense to noncompliance with any other applicahle requirement. rhe PermitteCs emissions may not exceed any
allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act.
GG.Air Pollutiion_Fm_e_rgency Episode[15A NCAC 2D.03001
Should the Director of the DAQ declare an Air Pollution Emergency Episode,the Permittee will be required to operate in
accordance with the Pernittee'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[I5A NCAC 2D.0202]
The Director of the DAQ may require the Perrrtittee to register a source of air pollution. if the Permittee is required to
register a source of air pollution,this registration and required information will he in accordance with 15A NCAC 2D
.0202(h).
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I1. Ambient A it Quality Standards[1.5 A 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 stringunI than named in the applicable emission standards in this permit are required to pro von I violation of the
ambient air quality standards or are required to create an offset,the permit shall contain a condition requiring these controls.
.I.1. General Enissiuns Testing and Reporting Requirements[l 5A NCAC 2.Q.0509(i)(16)]
Emission compliance testing shall be by the procedures of Section .2600,except as may be otherwise required in Rules
.0524, .0912. .1110, ..11.11,or.1415 of Subchapter 2D. if emissions testing is required by this permit or the DAQ or if[he
Purmilte:suhmils emissions testing to the DAQ to demonstrate compliance,the Pormitwe shall perform such testing in
accordance with 15A NCAC 2D.2600 and follow the procedures outlined below:
I_ The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Direct-or
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 id'
requested by the owner or operator at Feast 45 days before conducting the tcsl.
2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall
notify the Director at least 15 days bCJbTu beginning the test so that die Director may at his option observe the Lost.
3. The owner or operator of the source shall arrange for controlling and treasuring the production rates during the
period of air testing.The owner or operator of the source;shall ensure: that the equipment or process being tested is
operated at the production rate that best fulfills the purpose of the test.The individual conducting the emission test
shall describe the procedures used to obtain accurate process data and include in the test report the average
production rates determined during each testing period.
4. Two copies of the final air emission test report shall be submitted to the [Director not later than 30 days after sample
collection unless otherwise specified in the specific conditions. The owner or operator may request an extension to
submit the final test report.The Director shall approve an extension request if he finds that the extension request is a
result of actions beyond the control of the owner or operator.
a. The Director shall make the final determination regarding any testing procedure deviation and [lie validity of the
compliance test. The Director may:
(1) Allow deviations from a method specified under a rule in[his Section if the owner or operator of the source
being tested demonstratus to thu satisfaction of the Director that the specified method is inapprop3-iate ['or
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 niethods 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 Lust conducted by the Division of Air Quality using die appropriate testing
procedures described in Section 2D.2600 has precedence over all other tests.
Perinit 10399T00
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KK.Reopening for Cause.[l5A NCAC 2Q.0517]
L 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
year's;
b. additional requirements(including❑xecss 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 cornpliance 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 s tate-en forccabl e 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 toast 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 F P A a proposed
det rmination of termination,modification,or revocation and reissuanoc,as appropriate.
LL. Reporting Requirements for Non-Operating Equipment[15A NCAC 2Q.0508(i)(16)1
The Permittce shall maintain a record of operation for permitred equipment noting whenever the equipment is taken from and
placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the
permit shall be implemented within the monitoring period.
MM.Fugitive Dust Control Requirement[15A NCAC-2D.0540]-STATE ENFORCEABLE ONLY
As required by 15A NCAC 2D.0540"Particulates from Fugitive Dust Entission Sources," the Permittce 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.l/fethod 22 in.40 CFR,Appendix A),the owner or operator may
be regnired to submit a fugitive dust plan as described in 2D.0540(f).
"l~ugitiVe[lust emissions" means particulate matter frorn 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 .05231
1. For modifications made pursuant to 15A NCAC 2Q.0501(c)(2),the Permittce 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 Permittec 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 RuIL .0504 of
this Section)is obtained.
3. For modifications made pursuant to 502(h)(10),in accordance with 15A NCAC 2Q.0523(a)(1)(C)2 the Permittee
shal l 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.
Permit10398TOO
Page 20
In addition to this not.ifiication requirement,with the next significant mortification or Air Quality Permit renewal, the
Permittee shall submit a page"F5" 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
trade pursuant to 502(b)(10)do not relieve the Permittee from satisfying prcconstruction requirements.
00, _Third Party Participation and.EPA Review[15A NCAC 2Q.0521, .0522 and.0525(7)]
For permits modifcations subject to 45-day review by the federal Environmental Protection Agency(F.PA), F..PA'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 respc;ct to the revisions to the permit.
The time period available to submit a public petition pursuant to 1.5A NCAC 2Q.051 S hegins at the end of the 45-
day F.PA review period.
Permit 10398T00
Page 21
ATTACHMENT
List of Acronyms
AOS Alternate Olx:rating Scenario
BACT Best Availahlc Control 'Technology
Btu British thermal unit
CAA Clean Air Act
LAIR Clean Air Interstate Rule
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
DAQ Division of Air Quality
DENR Department.of Environment and Natural Resources
EMC Environmental Management Commission
EPA Environmental Protection Agency
FR Federal Register
GACT Generally Available Control'Technology
HAP Hazardous Air Pollutant.
MACT Maximum Achievable Control Technology
NAA Non-Attainment Area
NCA.0 North Carolina Administrative Code
NCGS North Carolina General Statutes
NESHAPS National Emission Standards for Hazardous Air Pollntants
NOx Nitrobcn Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PMra Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less
POS Primary Operating Scenario
PSD Prevention of Si-nificant Deterioration
BACT Reasonably Available Control Technology
SIC Suindard industrial Classification
SIP State implementation Plan
S02 Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound