HomeMy WebLinkAboutAQ_F_1100542_20160901_PRMT_Permit PAT MCCR.ORY
DONALD R. VAN DER VAART
.C1 .
Air Quality SHEILA C. HOLMAN
ENVIRONMENTAL QUALITY iltrC-rlc„
September 1,2016
Jon E.Creighton
Planning and Development
Buncombe County Government
46 Valley Street
Asheville,North Carolina 28801
SUBJECT: Air Quality Permit No. 10398TO I
Facility ID: 1100542
Buncombe County Landfill II
Alexander,North Carolina
Buncombe County
Fee Class: Title V
PSD Class: Minor
Dear Mr.Maxwell:
In accordance with your completed Air Quality Permit Application for a State-Only (SB3 BACT)
modification for the Buncombe County Landfill II permit received April 28,2016,we are forwarding herewith
Air Quality Permit No. 10398TOI to Buncombe County Landfill II, located at 81 Panther Branch Road,
Alexander, 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
02Q .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.
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.
State of North Carolina I Environmental Quality I Air Quality
1641 Mail Service Center 1 217 W.Jones Street,Suite 4000 1 Raleigh,NC 27609-1641
919 707 8400 T
Jon E.Creighton
September 1,2016
Page 2
You may request modification of your Air Quality Permit through informal means pursuant to NCGS
150B-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 NCGS 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 143-215.114A and 143-215.114B.
Buncombe County has not triggered increment tracking under PSD for any pollutants, so no
tracking is required.
This Air Quality Permit shall be effective from September 1, 2016 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 Lori Ann Phillips at
(919) 707-8461 or lori.phillips@ncdenr.gov.
Sincerely yours,
b�xr' 44:2--
William D. Willets,P.E.,Chief,Permitting Section
Division of Air Quality,NCDEQ
Enclosure
c: Heather Ceron,EPA Region 4
Asheville Regional Office
Central Files
Connie Horne(cover letter only)
Jon E.Creighton
September 1,2016
Page 3
ATTACHMENT to Permit No. 10398T01
Insignificant Activities per 15A NCAC 02Q .0503(8)
Emission Source
ID No. Emission Source Description
IES-TG1 One Diesel fuel-fired Morbark tub grinder,Model 1200(nonroad engine, 650 hp
capacity)
IES-01 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 tank(6,000 gallon capacity)
IES-03 On leachate pond (30,000 square feet of surface area, 1,000,000 gallon capacity)
1. Because an activity is insignificant does not mean that the activity is exempted from an applicable
requirement or that the Permittee 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 02D
1100"Control of Toxic Air Pollutants"or 02Q .0711 "Emission Rates Requiring a Permit".
3. For additional information regarding the applicability of MACT or GACT see the DAQ page titled
"The Regulatory Guide for Insignificant Activities/Permits Exempt Activities".The link to this site is
as follows: http://daq.state.nc.us/permits/insig/
Jon E.Creighton
September 1,2016
Page 4
Summary of Changes to Permit
The following changes were made to the Buncombe C unty Landfill II,Air Permit No. 10398TO 1:
Page No. Section Description of Changes
Cover and throughout Cover and Updated all dates and permit revision numbers.Changed the
throughout name of the department to"Department of Environmental
Quality.'
3 1 Updated page numbers for all sources listed in the table.
Cover and throughout Cover and Added the leading"0"that was missing in all NC Administrative
throughout Code citations.
10 3 Updated the General Conditions to version 4.0.
8-9 2.1.B.6 Updated State SB3 BACT permit condition.
State of North Carolina
N;
`� Department of Environmental Quality
Division of Air Quality
AIR QUALITY PERMIT
Permit No. Replaces Permit No.(s) Effective Date Expiration Date
10398T01 10398T00 September 1,2016 November 30,2019
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: 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
City, State,Zip: Alexander,Buncombe County,North Carolina 28701
Application Number: 1100542.16A and 1100542.16B
Complete Application Date: March 28,2016 and April 28,206
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 V day of September,2016.
C—)&' U h�
William D. Willets,P.E.,Chief,Air Permitting Section
By Authority of the Environmental Management Commission
Table of Contents
SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED
AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES
SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS
2.1- Emission Source(s) Specific Limitations and Conditions(Including specific requirements,
testing, monitoring,recordkeeping, and reporting requirements)
2.2- Permit Shield for Nonapplicable Requirements
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENTS
List of Insignificant Activities
List of Changes Made to the Permit
List of Acronyms
Permit 10398TOI
Page 3
SECTION 1 -PERMITTED EMISSION SOURCES AND ASSOCIATED AIR POLLUTION
CONTROL DEVICES AND APPURTENANCES
The following table contains a summary of all permitted emission sources and associated air pollution control devices and
appurtenances:
Control
Page Emission Source Emission Source Device Control Device
Nos. 1D No. Description ID No. Description
3,9 ES-Cl Municipal solid waste landfill with a CD-GCCS1 ** One landfill gas collection and
NSPS Subpart WWW leachate recirculation system, control system including:
consisting of a 121-acre disposal area
CD-1**
One two-stage landfill gas-
fired candle-stick type flare
(300 scfin minimum flow rate
and 3000 scfin maximum
flow rate)
6 ES-Gl One landfill gas-fired engine/ None None
NSPS Subpart JJJJ generator set (engine= 1,966 hp, 17
MACT Subpart ZZZZ mmBtu/hr heat input capacity and
generator= 1,466 kW output
ca acity)
**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 sources and associated air pollution control devices 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. Municipal solid waste landfill(ID No.ES-Cl)with associated landfill gas collection and control system(CD-
GCCS1)including one two-stage landfill gas-fired candlestick type flare with variable flow rates(300 scfm
minimum flow rate and 3000 scfm maximum flow rate,CD-1)
This following table provides a summary of limits and standards for the emissions sources as described above:
Regulated Pollutant Limits/Standards Applicable Regulation
Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 02D.0516
Visible emissions 20 percent opacity 15A NCAC 02D.0521
Nonmethane organic Less than 50 megagrams per year 15A NCAC 02D.0524
compounds(NMOC) 40 CFR Part 60,Subpart
WWW
Odorous emissions Apply suitable odor control measures 15A NCAC 02D .1806
State-enforceable only
1. 15A NCAC 02D.0516:SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide from the flares(ID No.CD-1)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. [15A NCAC 02D.0516]
Permit 10398T01
Page 4
Testing[15A NCAC 02Q.0508(f)]
b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ found in
Section 3. If the results of this test are above the limit given in Section 2.1 A.l.a.above,the Permittee shall be
deemed in noncompliance with 15A NCAC 02D.0516.
Monitoring/Recordkeeping[15A NCAC 02Q.0508(f)and 15A NCAC 02D.2601]
c. No monitoring/recordkeeping is required for sulfur dioxide emissions from the firing of landfill gas in the flare(ID
No. CD-1).
2. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS—START HERE
a. Visible emissions from the flare(ID No. CD-1)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.
[I 5A NCAC 02D.0521 (d)]
Testing [15A NCAC 02D.0501(c)(8)]
b. If emissions testing is required, the testing shall be performed in accordance with 15A NCAC 02D .0501(c)(8) and
General Condition JJ located in Section 3. If the results of this test are above the limit given in Section 2.1 A.2. a.
above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0521.
Monitoring/Recordkeepina/Reporting[15A NCAC 02Q.0508(f)]
c. No monitoring,recordkeeping,or reporting is required for visible emissions from the firing of landfill gas in the flare
(ID No. CD-1).
3. 15A NCAC 02D.0524,40 CFR Part 60,Subpart WWW "New Source Performance Standards"
a. The Permittee shall comply with all applicable provisions, including the notification,testing,recordkeeping,and
monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .0524
"New Source Performance Standards(NSPS)as promulgated in 40 CFR Part 60 Subpart WWW,including Subpart
A "General Provisions."[15A NCAC 02D .0524]
Test Methods and Procedures [15A NCAC 02D.0524,40 CFR 60.754]
b. If emission testing is required,the testing shall be performed in accordance with 15A NCAC 02D .0524,40 CFR
60.754 and General Condition JJ. If the results of this test are above the limits given in 40 CFR Part 60, Subpart
WWW,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0524, Subpart WWW.
i. The Permittee shall calculate the NMOC 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 landfill and the actual year-to-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, 170
cubic meters per megagram for Lo,and 4,000 parts per million by volume as hexane for the CN toc.
(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 emission rate report as provided in§60.757(b)(1),and shall
recalculate the NMOC mass emission rate annually as required under§60.752(b)(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-specific 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 determine the site-specific methane generation rate constant and recalculate the NMOC emission
Permit 10398T0I
Page 5
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 provided 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 [40 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 collection 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:
i. The collection and control system design plan shall include any alternatives to the operational standards,test
methods,procedures,compliance measures,monitoring,recordkeeping or reporting provisions of§§60.753
through 60.758 proposed by the owner or operator.
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.
iii. If the calculated NMOC emission rate is equal to or greater than 50 megagrams per year, the Permittee shall
install a collection and control system that captures the gas generated within the landfill as required by
paragraphs(b)(2)(ii)(A)or(B)and(b)(2)(iii)of§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 megagrams per year, as specified in§60.757(c)(1)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 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
most recent performance test. The operating parameters to be monitored are specified in§60.756.
Monitorin2/Recordkeeping [40 CFR 60.756 and 60.758]
d. Except as provided in§60.752(b)(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 retrievable within 4 hours.Either paper copy or electronic 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).
Reporting[40 CFR 60.757, 15A 2Q.0508(f)]
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)(1)(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 Permittee may elect to submit an estimate of
the NMOC emission rate for the next 5-year period in lieu of the annual report.This estimate shall include the
current amount 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 be
provided to the Administrator. This estimate shall be revised at least once every 5 years. If the actual waste
Permit 10398TOI
Page 6
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 be necessary to verify the reported NMOC emission rate.
g. The Permittee shall submit a summary report of monitoring and recordkeeping activities by 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.
STATE-ONLY REQUIREMENT: ODOR REQUIREMENTS
4. 15A NCAC 02D.1806 "Control and Prohibition of Odorous Emissions" (State-enforceable only)
The Permittee 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 facility's boundary.
B. One landfill gas-fired engine/generator set,ES-G1(engine=1966 hp,17 mmBtu/hr heat input capacity and generator
=1466 kW output capacity)
This following table provides a summary of limits and standards for the emissions sources as described above:
Regulated Pollutant Limits/Standards Applicable Regulation
Sulfur dioxide 2.3 pounds per million Btu heat input 15A NCAC 02D.0516
Visible emissions 20 percent opacity 15A NCAC 02D.0521
CO,NOx,VOCs Exhaust Emission Standards for engines manufactured after 15A NCAC 02D.0524
7/1/2010 40 CFR Part 60, Subpart
CO: 5.0 g/Hp-hr or 610 ppmvd at 15%02 JJJJ
NOx: 2.0 g/Hp-hr or 150 ppmvd at 15%02
VOCs: 1.0 g/Hp-hr or 80 ppmvd at 15%02
Hazardous air Meet the requirements of 40 CFR Part 60,Subpart JJJJ 15A NCAC 02D.1111
pollutants 40 CFR Part 63, Subpart
ZZZZ
NOx,CO,PM10/ Emissions Limits and Good Combustion Practices [State- NCGS 62-133.8(g)
PM2.5, S02,VOCs, enforceable only] State BACT
Pb,and H
1. 15A NCAC 02D.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. [15A NCAC 02D.0516]
Testing[15A NCAC 02Q .0508(f)]
b. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ found in
Section 3. 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 02D.0516.
Monitoring/Recordkeening[15A NCAC 02Q .0508(f)and 15A NCAC 02D.2601]
c. No monitoring/recordkeeping is required for sulfur dioxide emissions from the firing of landfill gas in the engine-
generator set(ID No.ES-G 1).
2. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS
a. Visible emissions from the engine(ID No. ES-GI) 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
Permit 10398T01
Page 7
and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent
opacity. [15A NCAC 02D.0521(d)]
Testing [I5A NCAC 02D.0501(c)(8)]
b. If emissions testing is required,the testing shall be performed in accordance with 15A NCAC 02D .0501(c)(8) and
General Condition JJ located in Section 3. 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 02D .0521.
Monitoring/Recordkeening/Reaorting[15A NCAC 02Q .0508(f)]
c. No monitoring,recordkeeping,or reporting is required for visible emissions from the firing of landfill gas in the
engine-generator set(ID No.ES-GI).
3. 15A NCAC 02D.0524: NEW SOURCE PERFORMANCE STANDARDS
• ES-GI (Landfill gas-fired engine/generator 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,testing,reporting,record keeping,and monitoring,contained in Environmental Management Commission
Standard 15A NCAC 02D .0524 "New Source Performance Standards (NSPS)" as promulgated in 40 CFR Part 60
Subpart JJJJ, including Subpart A"General Provisions." [15A NCAC 02D.0524]
Emission Standards [40 CFR 60.4233(e)]
b. The Permittee shall comply with the following emission standards for spark ignition(SI)engines for model year
manufactured after July 1,2010. Stationary spark ignition internal combustion engines shall achieve the required
emission standards over the entire life of the engine.
Exhaust emission standards:
CO: 5.0 g/Hp-hr or 610 ppmvd at 15%02
NOx: 2.0 g/Hp-hr or 150 ppmvd at 15%02
VOCs: 1.0 g/Hp-hr or 80 ppmvd at 15%02
Testin [15A NCAC 02Q.0508(f),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 limit given in Section 2.1 B.3.b.above,the Permittee shall be deemed in noncompliance
with 15A NCAC 02D .0524.
Initial Performance Testing[15A NCAC 02Q .0508(f),40 CFR 60.4243(b)and 40 CFR 60.4244]:
d. The Permittee 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
minimizing emissions.An initial Performance test shall be conducted for NOx,CO,and VOC emissions for engine
ES-G 1 and the Permittee shall conduct subsequent performance testing every 8,760 hours or 3 years,whichever
comes first,thereafter to demonstrate compliance.
Record keeyini/Reaorting/Notitication [15A NCAC 02Q.0508(f),40 CFR 60.4245]
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
notification.
(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 10398T01
Page 8
ii. Stationary SI ICE greater than or equal to 500 HP that have not been certified by an engine manufacturer to
meet the emission standards in 40 CFR 60.4231 must submit an initial notification as required in 40 CFR
§60.7(a)(1). The notification must include the information:
(A) Name and address of the Permittee;
(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
(E) 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 02D.1111: MAXIMUM ACHIEVABLE CONTROL
The Permittee shall comply with all applicable provisions, including the requirements for emission standards,
notification,testing,reporting,record keeping,and monitoring,contained in Environmental Management Commission
Standard 15A NCAC 02D.I I I I "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-GI (Landfill gas-fired spark ignition engine/generator set,lean burn 1966 hp engine output, 1466 kW generator
output)
a. Pursuant to 40 CFR 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 02Q.0508(f)]
b. No notifications are required for this source.
STATE ENFORCEABLE ONLY
5. NORTH CAROLINA GENERAL STATUTE GS 62-133.8(g) -SB3 STATE BACT EMISSION LIMITS
- Carbon Monoxide(CO)
- Nitrogen Oxides(NOx)
- Particulate Matter(PM IO/PM2.5)
- Volatile Organic Compounds(VOCs)
- Sulfur Dioxide(S02)
- Lead(Pb)
- Mercury(Hg)
a. Best Available Control Technology:
i. In order to comply with the best available control technology(BACT)determination pursuant to GS 62- 133.8
(g):
• Carbon Monoxide emissions shall not exceed the NSPS Subpart JJJJ emissions limit for carbon monoxide
as listed in Section 2.1.B.3.b.above.
• Nitrogen Oxide emissions shall not exceed the NSPS Subpart JJJJ emissions limit for nitrogen oxide as
listed in Section 2.1.B.3.b above.
• PMIO/PM2.5, S02,VOCs,Pb,and Hg shall be controlled from each engine using good combustion
practices and the burning of landfill gas in the engine.
b. Testing for carbon monoxide or nitrogen oxides shall be performed according to the requirements of 40 CFR
60.4244(NSPS Subpart JJJJ)and shall be used to demonstrate compliance with the State BACT limits(g/hp-hr or
ppmvd at 15%02).
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:
Permit 10398T01
Page 9
i. The Permittee shall perform an annual inspection(for each 12 month period following 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 from manufacturer's recommendations,if any, and the corrections made.
Reporting Requirements [15A NCAC 02Q.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 Nonapplicable Requirements: [15A NCAC 02Q .0512(a)(1)(B)]
The Permittee is shielded from the following nonapplicable requirements.
15A NCAC 2D.1111 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 10398T01
Page 10
SECTION 3 - GENERAL CONDITIONS (version 4.012/17/15)
This section describes terms and conditions applicable to this Title V facility.
A. General Provisions[NCGS 143-215 and 15A NCAC 02Q.0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC
02D and 02Q.
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 02Q.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 Environmental Quality upon request.
C. Severability Clause[15A NCAC 02Q.0508(i)(2)]
In the event of an administrative challenge to a final and binding permit in which a condition is held to be invalid,the
provisions in this permit are severable so that all requirements contained in the permit,except those held to be invalid,shall
remain valid and must be complied with.
D. Submissions [15A NCAC 02Q.0507(e)and 02Q.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 02Q.0508(i)(3)]
The Permittee shall comply with all terms,conditions,requirements,limitations and restrictions set forth in this permit.
Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation of
the Federal Clean Air Act. Noncompliance with any permit condition is grounds for enforcement action,for permit
termination,revocation and reissuance,or modification,or for denial of a permit renewal application.
Permit 10398T01
Page 11
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 02Q.0514]
The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 02Q
.0514.
2. Transfer in Ownership or Operation and Application Submittal Content[15A NCAC 02Q.0524 and 02Q.0505]
The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 02Q.0524 and 02Q
.0505.
3. Minor Permit Modifications[15A NCAC 02Q.0515]
The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 02Q.0515.
4. Significant Permit Modifications[15A NCAC 02Q.0516]
The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 02Q
.0516.
5. Reopening for Cause[15A NCAC 02Q.0517]
The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 02Q.0517.
H. Changes Not Requiring Permit Modifications
1. Reporting Requirements
Any of the following that would result in new or increased emissions from the emission source(s)listed in Section 1 must
be reported to the Regional Supervisor,DAQ:
a. changes in the information submitted in the application;
b. changes that modify equipment or processes;or
c. changes in the quantity or quality of materials processed.
If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the
permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission
limitations specified herein.
2. Section 502(b)(10)Changes[15A NCAC 02Q.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 02Q .0523(b)]
The Permittee may make changes in the operation or emissions without revising the permit if
a. the change affects only insignificant activities and the activities remain insignificant after the change;or
b. the change is not covered under any applicable requirement.
4. Emissions Trading[15A NCAC 02Q.0523(c)]
To the extent that emissions trading is allowed under 15A NCAC 02D,including subsequently adopted maximum
achievable control technology standards,emissions trading shall be allowed without permit revision pursuant to 15A
NCAC 02Q.0523(c).
Permit 10398T01
Page 12
LA Reporting Requirements for Excess Emissions and Permit Deviations[15A NCAC 02D.0535(f)and 02Q.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 02D;or by a permit condition;or that exceeds an emission limit
established in a permit issued under 15A NCAC 02Q.0700. (Note:Definitions of excess emissions under 02D.1110 and
02D.I II I 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.
Excess Emissions
1. If a source is required to report excess emissions under NSPS(15A NCAC 02D .0524),NESHAPS(15A NCAC 02D
.1110 or.1111),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 02D.0524),NESHAPS(15A NCAC 02D.I 110 or.I 111),or these
rules do NOT define"excess emissions,"the Permittee shall report excess emissions in accordance with 15A NCAC
02D.0535 as follows:
a. Pursuant to 15A NCAC 02D.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 02D
.0535(f)(3).
Permit Deviations
3. Pursuant to 15A NCAC 02Q.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 02D.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 02D.0535
The Permittee shall comply with all other applicable requirements contained in 15A NCAC 02D.0535,including 15A
NCAC 02D.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 02D.0535(c)(1)through(7).
2. 15A NCAC 02D.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. Ememencv 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 10398T01
Page 13
2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based
emission limitations if the conditions specified in 3.below are met.
3. The affirmative defense of emergency shall be demonstrated through properly signed contemporaneous operating logs
or other relevant evidence that include information as follows:
a. an emergency occurred and the Permittee can identify the cause(s)of the emergency;
b. the permitted facility was at the time being properly operated;
c. during the period of the emergency the Permittee took all reasonable steps to minimize levels of emissions that
exceeded the standards or other requirements in the permit;and
d. the Permittee submitted notice of the emergency to the DAQ within two working days of the time when emission
limitations were exceeded due to the emergency. This notice must contain a description of the emergency,steps
taken to mitigate emissions,and corrective actions taken.
4. In any enforcement proceeding,the Permittee seeking to establish the occurrence of an emergency has the burden of
proof.
5. This provision is in addition to any emergency or upset provision contained in any applicable requirement specified
elsewhere herein.
K. Permit Renewal[15A NCAC 02Q.0508(e)and 02Q.0513(b)]
This 15A NCAC 02Q.0500 permit is issued for 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 02Q.0500 renewal
application is submitted at least nine months before the date of permit expiration. If the Permittee or applicant has complied
with 15A NCAC 02Q.0512(b)(1),this 15A NCAC 02Q.0500 permit shall not expire until the renewal permit has been
issued or denied. Permit expiration under 15A NCAC 02Q.0400 terminates the facility's right to operate unless a complete
15A NCAC 02Q.0400 renewal application is submitted at least six months before the date of permit expiration for facilities
subject to 15A NCAC 02Q.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 02Q.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 02Q.0508(i)(9)]
1. The Permittee shall furnish to the DAQ,in a timely manner,any reasonable information that the Director may request
in writin 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 02Q.0507(f)]
The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the
permit application,shall promptly submit such supplementary facts or corrected information to the DAQ. The Permittee
shall also provide additional information as necessary to address any requirement that becomes applicable to the facility
after the date a complete permit application was submitted but prior to the release of the draft permit.
O. Retention of Records[15A NCAC 02Q.0508(f)and 02Q.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 02Q.0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsyth
Street SW,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
Permit 10398TOI
Page 14
comply with additional requirements as may be specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act.
The compliance certification shall specify:
1. the identification of each term or condition of the permit that is the basis of the certification;
2. the compliance status(with the terms and conditions of the permit for the period covered by the certification);
3. whether compliance was continuous or intermittent;and
4. the method(s)used for determining the compliance status of the source during the certification period.
Q. Certification by Responsible Official[15A NCAC 02Q.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 02Q.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 02Q.0523.
4. A permit shield does not extend to minor permit modifications made under 15A NCAC 02Q .0515.
S. Termination,Modification,and Revocation of the Permit[15A NCAC 02Q.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 fmds 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 02Q.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 02Q.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 02Q.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.
Permit 10398T0I
Page 15
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 02Q.0508(i)(10)]
1. The Permittee shall pay all fees in accordance with 15A NCAC 02Q.0200.
2. Payment of fees may be by check or money order made payable to the N.C.Department of Environmental Quality.
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 02Q.0519.
X. Annual Emission Inventory Requirements[15A NCAC 02Q.0207]
The Permittee shall report by June 30 of each year the actual emissions of each air pollutant listed in 15A NCAC 02Q
.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 02Q.0107 and 02Q.0508(i)(9)]
Whenever the Permittee submits information under a claim of confidentiality pursuant to 15A NCAC 02Q.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 02Q.0107.
Z. Construction and Operation Permits[15A NCAC 02Q.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 construction or modification,in
accordance with all applicable provisions of 15A NCAC 02Q.0100 and.0300.
AA. Standard Application Form and Required Information[15A NCAC 02Q.0505 and.0507]
The Permittee shall submit applications and required information in accordance with the provisions of 15A NCAC 02Q
.0505 and.0507.
BB. Financial Responsibility and Compliance History[15A NCAC 02Q.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. Refrigerant Requirements.-(Stratospheric Ozone and Climate Protection)[15A NCAC 02Q.0501(e)]
1. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment,which use Class I or II
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 II substance into the environment during the
repair,servicing,maintenance,or disposal of any such device except as provided in 40 CFR Part 82 Subpart F.
3. The Permittee shall comply with all reporting and recordkeeping requirements of 40 CFR:- 82.166. Reports shall be
submitted to the EPA or its designee as required.
DD. Prevention of Accidental Releases-Section 112(r)[15A NCAC 02Q.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 10398TOI
Page 16
FF. Title IV Allowances[15A NCAC 02Q.0508(i)(1)]
This permit does not limit the number of Title IV allowances held by the Permittee,but the Permittee may not use
allowances as a defense to noncompliance with any other applicable requirement. The Permittee's emissions may not
exceed any allowances that the facility lawfully holds under Title IV of the Federal Clean Air Act.
GG. Air Pollution Emergency Episode[15A NCAC 02D.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 02D.0300.
HH. Registration of Air Pollution Sources[15A NCAC 02D.0202]
The Director of the DAQ may require the Permittee to register a source of air pollution. If the Permittee is required to
register a source of air pollution,this registration and required information will be in accordance with 15A NCAC 02D
.0202(b).
11. Ambient Air Quality Standards[15A NCAC 02D.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 02D.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 02Q.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 02D. 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 02D.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 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 the validity of the
compliance test.The Director may:
i. 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.
ii. Prescribe alternate test procedures on an individual basis when he finds that the alternative method is
necessary to secure more reliable test data.
iii. 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 02D .2600 has precedence over all other tests.
Permit 10398TOI
Page 17
KK. Reopening for Cause[15A NCAC 02Q.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 fmds 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 02Q.0513(c).
3. Except for the state-enforceable only portion of the permit,the procedures set out in 15A NCAC 02Q.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 02Q.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 02Q.0508(i)(16)]
The Permittee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from
and placed into operation. During operation the monitoring recordkeeping and reporting requirements as prescribed by the
permit shall be implemented within the monitoring period.
MM.Fugitive Dust Control Requirement[15A NCAC 02D.0540]-STATE ENFORCEABLE ONLY
As required by 15A NCAC 02D.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 02D.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 02Q.0501 and.0523]
1. For modifications made pursuant to 15A NCAC 02Q.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 02Q.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 02Q.0523(a)(1)(C),the Permittee
shall notify the Director and EPA(EPA-Air Planning Branch,61 Forsyth Street SW,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 'U"of the application forms signed by the responsible official verifying that the
Permit 10398T01
Page 18
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 02Q.0521,.0522 and.0525(7)]
For permits modifications subject to 45-day review by the federal Environmental Protection Agency (EPA),EPA's
decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition,
the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit.The time period
available to submit a public petition pursuant to 15A NCAC 02Q.0518 begins at the end of the 45-day EPA review period.
Permit 10398T01
Page 19
ATTACHMENT
List of Acronyms
AOS Alternate Operating Scenario
BACT Best Available Control Technology
Btu British thermal unit
CAA Clean Air Act
CAIR Clean Air Interstate Rule
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
DAQ Division of Air Quality
DEQ Department of Environmental Quality
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
NESHAP National Emission Standards for Hazardous Air Pollutants
NOx Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PM10 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
SO2 Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound
i
i