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HomeMy WebLinkAboutAQ_F_0800107_20101229_PRMT_Permit �.;" .� NCDENR North Carolina Department of Environment and Natural Resources Division of Air Quality Beverly Eaves Perdue Sheila C. Holman Dee Freeman Governor Director Secretary December 29, 2010 Mr. Garald Cottrell Manager W.E. Partners II, LLC 1836 Eastchester Drive, Ste 108 High Point,NC 27265 Subject: Air Permit No. 10126R00 W.E. Partners II, LLC Lewiston Woodville, Bertie County,North Carolina Permit Class: Synthetic Minor Facility ID# 0800107 Dear Mr. Cottrell: In accordance with your completed application received October 5, 2010, we are forwarding herewith Permit No. 10126R00 to W.E. Partners II, LLC, Lewiston Woodville, Bertie County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. Please note the records retention requirements are contained in General Condition 2 of the General Conditions and Limitations. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of the entire permit. This hearing request must be in the form of a written petition, conforming to G.S. 150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and binding. You may request modification of your air permit through informal means pursuant to G.S. 15013-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that the permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under G.S. 15013-23. Washington Regional Office-Division of Air Quality ,One 943 Washington Square Mall,Washington,North Carolina 27889 1t7I" h '011111 Phone:(252)946-6481 1 FAX:(252)975-37161 Internet:www.ncair,org/ An Equal Opportunity 1 Affirmative Action Employer Nativrally Garald Cottrell December 29, 2010 Page 2 Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices, or modifications to the sources or air cleaning devices described in this permit must be covered under a permit issued by the Division of Air Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143- 215.114B. This permit shall be effective from December 29, 2010 until November 30, 2015, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. For PSD increment tracking purposes, PM emissions from this modification are increased by 33.5 pounds per hour, PMIO emissions are increased by 30.83 pounds per hour, SO2 emissions are increased by 2.22 pounds per hour and NOx emissions are increased by 26.52 pounds per hour. The Permittee is responsible for carefully reading the entire permit and evaluating the requirements of each permit stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application. Should you have any questions concerning this matter, please contact Betsy Huddleston at (252) 948-3836. Sincerely, Robert P. Fisher Regional Air Quality Supervisor ETH Enclosures c: Jeff Twisdale, DAQ Permits RCO Connie Horne, Cover letter only Shannon Vogel, DAQ SSC Washington Regional Office (k:\Bertie\000107\08a00107SM00.doc) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF AIR QUALITY AIR PERMIT NO. 10126R00 Issue Date: December 29, 2010 Effective Date: December 29, 2010 Expiration Date: November 30, 2015 Replaces Permit: (new) To construct and operate air emission source(s) and/or air cleaning device(s), and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 2 1 B of Chapter 143, General Statutes of North Carolina(NCGS) as amended, and other applicable Laws, Rules and Regulations, W.E. Partners II, LLC 3539 Governors Road Lewiston Woodville, Bertie County, North Carolina Permit Class: Synthetic Minor Facility ID# 0800107 (the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: Emission Emission Source Control Control System Source ID Description System ID Description ESB-1 (NSPS) Non- solid waste,green wood-fired MC-1 multi-cyclone boiler(29.4 million Btu per hour [(18 tubes,each 9 inches in diameter) maximum heat input) ESB-2 (NSPS) Non- solid waste,green wood-fired MC-2 multi-cyclone boiler(29.4 million Btu per hour (18 tubes,each 9 inches in diameter) maximum heat input) ESB-3 (NSPS) Non-solid waste,green wood-fired MC-3 multi-cyclone boiler(29.4 million Btu per hour (18 tubes,each 9 inches in diameter) maximum heat input) I3 1 Green wood fuel storage bunker N/A N/A in accordance with the completed application 0800107.10A received October 5, 2010 including any plans, specifications, previous applications, and other supporting data, all of which are filed with the Department of Environment and Natural Resources, Division of Air Quality (DAQ) and are incorporated as part of this permit. This permit is subject to the following specified conditions and limitations including any TESTING, REPORTING, OR MONITORING REQUIREMENTS: Permit No. 10126R00 Page 2 A. SPECIFIC CONDITIONS AND LIMITATIONS 1. Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Permittee shall comply with applicable Environmental Management Commission Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .0202, 2D .0504, 2D.0515, 2D .0516, 2D .0521, 2D .0524 (40 CFR 60, Subpart Dc), 2D .0535, 2D .0540, 2D .0605, 2D .0611, 213 .1100, 2D .1806, 2Q .0315 and 2Q .0711. 2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .0304(d) and (f). Pursuant to 15A NCAC 2Q .0203(i), no permit application fee is required for renewal of an existing air permit(without a modification request). The renewal request(with AA application form) should be submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration date of this permit,the Permittee shall submit the air pollution emission inventory report (with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ and shall document air pollutants emitted for the 2014 calendar year. 3. PARTICULATE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0504 "Particulates from Wood Burning Indirect Heat Exchangers," particulate matter emissions shall not exceed the allowable emission rates listed below: Source Emission Limit lb/million Btu, each Green wood-fired boilers ID Nos. ESB-1, ESB-2 and ESB-3 0.43 (29.4 million Btu per hour maximum heat input, each) 4. SULFUR DIOXIDE CONTROL REQUIREMENT - As required by 15A NCAC 2D .0516 "Sulfur Dioxide Emissions from Combustion Sources," sulfur dioxide emissions from the combustion sources shall not exceed 2.3 pounds per million Btu heat input. 5. VISIBLE EMISSIONS CONTROL REQUIREMENT -As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six-minute period, except that six-minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or .I 110 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. 6. 15A NCAC 213 .0524 "NEW SOURCE PERFORMANCE STANDARDS" - The Permittee shall comply with all applicable provisions contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, and including Subpart A "General Provisions." Permit No. 10126R00 Page 3 Emission Source(s) Regulation Subpart Dc -- Small Industrial ESB-2 and ESB-3 Green wood-fired boilers ID Nos. ESB-1, Commercial-Institutional Steam (29.4 million Btu per hour maximum heat input, each) Generating Units a. NSPS Recordkeeping Requirement -The Permittee shall record and maintain records of the amounts of fuel fired during each day. Records shall be maintained for a period of two years following the dates of record. b. NSPS Reporting Requirements - In addition to any other notification requirements to the Environmental Protection Agency (EPA), the Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: i. the date construction(40 CFR 60.7) of an affected source is commenced, postmarked no later than 30 days after such date. ii. the actual date of initial start-up of an affected source, postmarked no later than 15 days after such date. 7. NOTIFICATION REQUIREMENT - As required by 15A NCAC 2D .0535, the Permittee of a source of excess emissions that last for more than four hours and that result from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: i. the name and location of the facility, ii. the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. 8. FUGITIVE DUST CONTROL REQUIREMENT -As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive Permit No. 10126R00 Page 4 dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR,Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). "Fugitive dust emission" 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). 9. TESTING REQUIREMENT—To verify emission factors provided in permit application 0800107.10A, the Permittee shall test one of the green wood-fired boilers for the specified pollutants as follows: Affected Source(s) ` ^ Pollutant EPA Test Method Filterable Particulate 5 Green wood-fired boilers ESB-I, ESB-2 and ESB-3 4 Matter (PM) (29.4 million Btu per hour maximum heat input, each) Carbon Monoxide (CO) 10 a. Within 180 days after the initial start-up of the equipment, the Permittee shall conduct the required performance tests and provide two copies of the test results to the Regional Supervisor, DAQ. b. At least 45 days prior to performing any required emissions testing, the Permittee must submit a testing protocol to the Regional Supervisor, DAQ for review and approval. All testing protocols must be approved by the DAQ prior to performing such tests. c. To afford the Regional Supervisor, DAQ,the opportunity to have an observer present, the Permittee shall provide the Regional Office, in writing, at least 15 days notice of any required performance test. d. This permit may be revoked, with proper notice to the Permittee, or enforcement procedures initiated, if the results of the tests indicate that the facility does not meet applicable limitations. e. The source shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate, or at a lesser rate if specified by the Director or his delegate. f. All associated testing costs are the responsibility of the Permittee. 10. TOXIC AIR POLLUTANT EMISSIONS LIMITATION AND REPORTING REQUIREMENT - Pursuant to 15A NCAC 2D .1100 "Control of Toxic Air Pollutants," and in accordance with the approved application for an air toxic compliance demonstration, the following permit limits shall not be exceeded: Permit No. 10126R00 Page 5 Toxic Air Pollutant Facility-Wide Emission Limit Acrolein (107-02-8) �0.4 lbs/hour, Arsenic & Compounds (total mass of elemental AS, arsine and all 11.2 lbs/year inorganic compounds) (ASC (7778394)) Benzene (71-43-2) 2,132 lbs/year Beryllium Metal (unreacted) (Component of BEC) (7440-41-7), 0.6 lb/year Cadmium Metal, elemental, unreacted (Component of CDC) �2.1 lbs/year _ (7440-43 9) Chlorine (7782 50-5) 1.7 lbs/day Formaldehyde (50 00-0) 10.41b/hour Hydrogen chloride (hydrochloric acid) (7647-01-0) 1.7 lbs/hour (Manganese & compounds (MNC) .41bs/day a. Restrictions - To ensure compliance with the above limits,the following restrictions shall apply to the green wood-fired boilers (ID Nos. ESB-1, ESB-2 and ESB-3): i. the facility-wide amount of wood combusted shall not exceed 58,000 tons per consecutive 12-month period. 11. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" 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. 12. LIMITATION TO AVOID 15A NCAC 2Q .0501 - Pursuant to 15A NCAC 2Q .0315 "Synthetic Minor Facilities," to avoid the applicability of 15A NCAC 2Q .0501 "Purpose of Section and Requirement for a Permit," as requested by the Permittee, facility-wide emissions shall be less than the following: Pollutant Emission Limit (Tons per consecutive 12-month period) PM10 100 J CO 100 a. Operations Restrictions - To ensure emissions do not exceed the limitations above, the following restriction shall apply to the green wood-fired boilers (ID Nos. ESB-1, ESB-2 and ESB-3): i. the amount of wood combusted shall not exceed 58,000 tons per consecutive 12-month period. Permit No. 10126R00 Page 6 b. Multi-Cyclone Inspection and Maintenance Requirements - Particulate matter emissions shall be controlled as described in the permitted equipment list. To comply with the provisions of this permit and ensure that emissions do not exceed the regulatory limits, the Permittee shall perform an annual (for each 12 month period following the initial inspection) inspection of the multi-cyclone systems. In addition, the Permittee shall perform monthly external inspections and maintenance (I&M) as recommended by the manufacturer. c. Recordkeeping Requirements i. The Permittee shall record monthly: 1. the tons of fuel combusted for the month, 2. the rolling 12-month total tons fuel combusted, and 3. the rolling 12-month total facility-wide PM and CO emissions. ii. A log book shall be kept on site for the multi-cyclones and made available to Division of Air Quality personnel upon request. The Permittee shall record all inspection and maintenance activities, including the requirements listed above (Condition A.12.b.) in the log book. Any variance from the manufacturer's recommendations shall be investigated with corrections made and date of actions recorded in the log book. d. Reporting Requirements - Within 30 days after each calendar year, regardless of the actual emissions, the Permittee shall submit the following: i. the tons of fuel combusted per month in the calendar year, ii. for each calendar month, the rolling 12-month total tons fuel combusted, and iii. for each calendar month, the rolling 12-month total facility-wide PM and CO emissions. 13. LIMITATION TO AVOID 15A NCAC 2D .0530 "PREVENTION OF SIGNIFICANT DETERIORATION" - In accordance with 15A NCAC 2Q .0317, to comply with this permit and avoid the applicability of 15A NCAC 2D .0530 "Prevention of Significant Deterioration," as requested by the Permittee, facility-wide PM and PMIo emissions shall be less than 250 tons per consecutive 12-month period. a. Operations Restrictions - To ensure emissions do not exceed the limitations above, the facility shall comply with Inspection and Maintenance Requirements listed in Condition 12.b. of this Permit. b. Recordkeeping and Reporting Requirements - The Permittee shall comply with the recordkeeping and reporting requirements listed in Conditions 12.c. and 12.d. of this Permit. Permit No. 10126R00 Page 7 14. TOXIC AIR POLLUTANT EMISSIONS LIMITATION REQUIREMENT - Pursuant to 15A NCAC 2Q .0711 "Emission Rates Requiring a Permit," for each of the below listed toxic air pollutants (TAPs),the Permittee has made a demonstration that facility-wide actual emissions do not exceed the Toxic Permit Emission Rates (TPERs) listed in 15A NCAC 2Q .0711. The facility shall be operated and maintained in such a manner that emissions of any listed TAPS from the facility, including fugitive emissions, will not exceed TPERs listed in 15A NCAC 2Q .0711. a. A permit to emit any of the below listed TAPs shall be required for this facility if actual emissions from all sources will become greater than the corresponding TPERs. b. PRIOR to exceeding any of these listed TPERs, the Permittee shall be responsible for obtaining a permit to emit TAPs and for demonstrating compliance with the requirements of 15A NCAC 2D .1100 "Control of Toxic Air Pollutants". c. In accordance with the approved application, the Permittee shall maintain records of operational information demonstrating that the TAP emissions do not exceed the TPERs as listed below: Acute Carcino ens Chronic Systemic �Acute Pollutant (lb/yr) Toxicants Toxicants Irritants (lb/day) (lb/h r) (lb/hr) CAcetaldehyde (75-07-0) __ ---- '�------I ---— 6.8 Benzo(a)pyrene (Component of 83329/POMTV & 56553/7PAH) 2.2 (50-32-8) 11 (Trichlorofluoromethane) ; 140 �CFC- (75-69-4) Carbon tetrachloride 56-23 5 460 Chlorobenzene 108-90-7 �— 46 (-Chloroform (67-66-3) 290 Chromium (VI) Soluble Chromate Compounds (Component of CRC) ` 0.013 (So1CR6) DEHP (Di (2-ethylhexyl) phthalate) 117-81-7 0.63 Ethylene dichloride (1,2- dichloroethane) (107 06 2) 260 Hexachlorodibenzo-p-dioxin 1,2,3,6,7,8 (57653-85-7) 0.0051 �EK(nmethyl ethyl ketone, 2- 7822.4 b (78-93-3) Permit No. 10126R00 Page 8 — ---_—_-- - _ — -- Chronic ~' Acute --�Acute Pollutant Carcinogens' Toxicants Systemic Irritants (lb/yr) (lb/day) Toxicants (lb/hr) (lb/hr) Mercury, vapor(Component of HGC) (7439-97-6) 0.013 Methyl chloroform (71 55-6) 250 64 Methylene chloride (75 09-2) 1600 0.39 Nickel metal (Component of NIC) (7440.02-0) 0.13 PCB (polychlorinated biphenyls) ' (1336-36-3) 5.6 i Pentachlorophenol (87-86-5) 1 0.063 F-0.0064 Perchloroethylene 13000 (tetrachloroethylene) (127-18-4) IP St-t (108-95-2) --"-'--- 0.24 F— IF yrene (100-42-5) 2.7 TCE trichloroeth lene 79-01-6 400.0 Vic._.: _ y. ) ( _ ) _ Tetrachlorodibenzo-p-dioxin, 2,3,7,8- (Component of CLDC & 0.0002 83329/POMTV) (1746-01-6) Toluene (108 88 3) �^ 98 ��� 14.4 Vinyl chloride (75-01 4) Xylene (mixed isomers) 57 16.4 (13 3 0-20-7) 15. General Assembly of North Carolina, Session Law 2007-397, Senate Bill 3 (SB3)—Under the provisions of a Renewable Energy and Energy Efficiency Portfolio Standard (REPS), the Permittee will be categorized as a new renewable energy facility that delivers electric power to an electric power supplier. S133, 62-133.7(g) requires biomass combustion processes at a new renewable energy facility to meet Best Available Control Technology (BACT). The Permittee submitted a BACT analysis to the Division of Air Quality on October 5, 2010. Upon determination of BACT, the Division will reopen the permit for inclusion of BACT conditions and limitations. B. GENERAL CONDITIONS AND LIMITATIONS 1. TWO COPIES OF ALL DOCUMENTS REPORTS TEST DATA MONITORING DATA NOTIFICATIONS, REQUESTS FOR RENEWAL, AND ANY OTHER INFORMATION REQUIRED BY THIS PERMIT shall be submitted to the: Permit No. 10126R00 Page 9 Regional Air Quality Supervisor North Carolina Division of Air Quality Washington Regional Office 943 Washington Square Mall Washington,NC 27889 (252) 946-6481 For identification purposes, each submittal should include the facility name as listed on the permit,the facility identification number, and the permit number. 2. RECORDS RETENTION REQUIREMENT - Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. These records must be kept on site for a minimum of 2 years, unless another time period is otherwise specified. 3. ANNUAL FEE PAYMENT - Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 4. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Permittee prior to establishing, building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit. 5. REPORTING REQUIREMENT - Any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions; b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity or quality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 6. This permit is subject to revocation or modification by the DAQ upon a determination that information contained in the application or presented in the support thereof is incorrect, conditions under which this permit was granted have changed, or violations of conditions contained in this permit have occurred. The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air cleaning device(s) and appurtenances. 7. This permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. Permit No. 10126R00 Page 10 8. This issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 9. This permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State, or Local water quality or land quality control authority. 10. Reports on the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. 11. A violation of any term or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.11413, and 143-215.114C, including assessment of civil and/or criminal penalties. 12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 13. The Permittee must comply with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act(RCRA) administered by the Division of Waste Management. 14. PERMIT RETENTION REQUIREMENT- The Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. 15. CLEAN AIR ACT SECTION 112(r)REQUIREMENTS - Pursuant to 40 CFR Part 68 "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan in accordance with 40 CFR Part 68. 16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of Accidental Releases - Purpose and General Duty," although a risk management plan may not be required, if the Permittee produces, processes, handles, or stores any amount of a listed hazardous substance, the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. This condition is federally-enforceable only. Permit No. 10126R00 Page 11 17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permittee shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ procedures including protocol approval, regional notification, report submittal, and test results approval. Permit issued this the 29`h of December, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION oell-�6�4 Robert P. Fisher Regional Air Quality Supervisor By Authority of the Environmental Management Commission Air Permit No. 10126R00