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ROY COOPER
Governor o
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ELIZABETH S. BISER • x
Secretary
MICHAEL A.ABRACZINSKAS
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NORTH CAROLINA
Environmental Quality
February 1, 2022
Ms. Bridget Antczak
Certified Project Manager
One Harvard Way, Suite 5
Hillsborough,NJ 08844
Wilson,NC 27894
SUBJECT: Permit Applicability Determination
Applicability Determination No. 3763
Fresenius Kidney Care- Site#3252 —Carolina Dialysis
76 Old Rock Springs Cemetery Road
Pittsboro, Chatham County
Dear Ms.Antczak:
The Division of Air Quality received your letter on January 11, 2022 requesting confirmation that the
diesel-fired emergency generator(150 kilowatts) at the subject facility is exempt from requiring an air
quality permit. Under regulation 15A North Carolina Administrative Code 2Q .0903, facilities
whose only sources that would require a permit are emergency generators and stationary reciprocating
internal combustion engines are exempt from permitting.
Therefore,this office has determined that an air quality permit is not required for the installation and
operation of the 150-kilowatt diesel-fired emergency generator. It should be noted that this
exemption from the permitting requirement does not exempt Fresenius Kidney Care - Site#3252—
Carolina Dialysis from complying with the applicable emission control standards.
Furthermore, should you decide to modify the process such that the result is an increase of emissions
of air pollutants including toxic air pollutants, an air quality permit may be required and Fresenius
Kidney Care- Site#3252—Carolina Dialysis should submit a permit application to this office prior to
such actions.
You are advised that federal regulations including National Emission Standards for Hazardous Air
Pollutants(NESHAP) and New Source Performance Standards (NSPS) apply to the emission source.
Specifically, 40 CFR Part 63, Subpart ZZZZ and 40 CFR Part 60, Subpart IIII apply to the 150-
kilowatt diesel-fired emergency generator. It should be noted that this exemption from the permitting
requirement does not exempt Fresenius Kidney Care - Site#3252—Carolina Dialysis from complying
with the applicable federal rules.
DQ> 919.791.4200
North Carolina Department of Environmental Quality I Division ofAir Quality
Raleigh Regional Office 13800 Barrett Drive I Raleigh,NC 27609
T 1919.881.2261 F
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Ms.Antczak
February 1, 2022
Page 2
This exemption from the permitting requirement is based upon your statement that the source will
be operated under the threshold levels as outlined in the regulation. Please be advised that the
operation of any air pollution emission sources which results in emissions in excess of the threshold
levels without an air quality permit is a violation of 15A NCAC 02Q .0101, "Required Air Quality
Permits." If this facility is required to obtain an air quality permit for this equipment in the future
because of increased emissions, each day of operation of the emission sources without an air quality
permit represents a separate violation. Such violations may be subject to enforcement action
pursuant to NCGS 143-215.114A.
If you have any questions with reference to the above matter, please do not hesitate to contact Dena
Pittman, Permits Coordinator, or me at 919-791-4200.
Sincerely,
1---J
Taylor Hartsfield, EIT, CPM, Regional Supervisor
Division of Air Quality,NCDEQ
cc: Raleigh Regional Office