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HomeMy WebLinkAboutAQ_F_0800081_20220916_PRMT_Permit_T33 oft c STATE aF a,I>3 ROY COOPER A Governor ELIZABETH S.BISER Secretary *�Af QunnW�° MICHAELABRACZINSKAS NORTH CAROLINA Director Environmental Quality September 16,2022 Mr. Shane McKinney General Manager Darling Ingredients Inc.—Lewiston 3539 Governors Road Lewiston-Woodville,NC 27849 SUBJECT: Air Quality Permit No.03085T33 Facility ID: 0800081 Darling Ingredients Inc. -Lewiston Lewiston-Woodville Bertie County Fee Class: Title V PSD Class: Minor Dear Mr.McKinney: In accordance with your completed Air Quality Permit Application for an ownership/name change of your Title V permit,we are forwarding herewith Air Quality Permit No. 03085T33 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 identified as such in the permit. Please note the requirements for the annual compliance certification are contained in General Condition P in Section 4. 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 file a petition for contested case hearing in the North Carolina Office of Administrative Hearings.Information regarding the right,procedure,and time limit for permittees and other persons aggrieved to file such a petition is contained in the attached"Notice Regarding the Right to Contest a Division of Air Quality Permit Decision." 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 15013-23. D EQ�� North Carolina Department of Environmental Quality Division of Air Quality 217 West]ones Street 1 1641 Mail Service Center I Raleigh,North Carolina 27699-1641 NORTH CAROLINA - oaPaft—tofEnvimnm Ula�Iity /`� 919.707.8400 Mr. Shane McKinney September 16,2022 Page 2 The construction of new air pollution emission source(s)and associated air pollution control device(s),or modifications to existing 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 NCGS 143-215.108A and may subject the Permittee to civil or criminal penalties as described in NCGS 143- 215.114A and 143-215.114B. Bertie County has triggered PSD increment tracking for PM10, S02,and NOx. However,this permit modification does not consume or expand increments for any pollutants. This Air Quality Permit shall be effective from September 16,2022 until December 31,2022,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 Connie Horne at 919-707- 8722 or Connie.Horne@ncdenr.gov. Sincerely yours, //\AAP,et,& 6-4_� Mark I Cuilla,EIT,CPM,Chief,Permitting Section Division of Air Quality,NCDEQ Enclosure c: Lynorae Benjamin,EPA Region 4(Permit and Review) Washington Regional Office Central Files NOTICE REGARDING THE RIGHT TO CONTEST A DIVISION OF AIR QUALITY PERMIT DECISION Right of the Permit Applicant or Permittee to File a Contested Case: Pursuant to NCGS 143- 215.108(e),a permit applicant or permittee who is dissatisfied with the Division of Air Quality's decision on a permit application may commence a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division notifies the applicant or permittee of its decision. If the applicant or permittee does not file a petition within the required time,the Division's decision on the application is final and is not subject to review. The filing of a petition will stay the Division's decision until resolution of the contested case. Right of Other Persons Aggrieved to File a Contested Case: Pursuant to NCGS 143-215.108(el), a person other than an applicant or permittee who is a person aggrieved by the Division's decision on a permit application may commence a contested case by filing a petition under NCGS 150B-23 within 30 days after the Division provides notice of its decision on a permit application, as provided in NCGS 15013-23(f),or by posting the decision on a publicly available Web site. The filing of a petition under this subsection does not stay the Division's decision except as ordered by the administrative law judge under NCGS 15013-33(b). General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition,by any means authorized under 26 NCAC 03 .0102, on the process agent for the Department of Environmental Quality: William F. Lane, General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 15013-23(a). Additional information is available at https://www.oah.nc.gov/hearings-division/hearing-process/filing- contested-case. Please contact the OAH at 984-236-1850 or oah.postmaster@oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process. Summary of Changes to Permit The following changes were made to Air Permit No. 03085T32:* Page No. Section Description of Changes Cover Letter Modified to reflect current permit number, issue and effective dates and associated ownership/name change information. All Headers Amended permit revision number. Pages 1-23 Entire permit, Modified to reflect current permit number, issue and effective dates, where applicable and associated ownership/name change information. Page 14 Section 3 Moved Insignificant Activities list from Attachment to Section 3. Page 15-23 Section 4 Updated General Conditions to Version 6.0(01/07/2022) and moved to Section 4. *This list is not intended to be a detailed record of every change made to the permit but a summary of those changes. State of North Carolina Department of Environmental Quality NORTH CAROLntofEn NA Division of Air Quality Department of Environmental Quality AIR QUALITY PERMIT Permit No. Replaces Permit No.(s) Effective Date Expiration Date 03085T33 03085T32 September 16, 2022 December 31, 2022 NOTE:Per General Condition K,a permit application for the renewal of this Title V permit shall be submitted no later than March 31,2022. 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 02D and 02Q,and other applicable Laws. Pursuant to Title 15A NCAC, Subchapter 02Q,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: Darling Ingredients Inc. - Lewiston Facility ID: 0800081 Primary SIC Code: 2048/Prepared Feeds Nec NAICS Code: 311119/Other Animal Food Manufacturing Facility Site Location: 222 Griffins Quarter Road City, County, State,Zip: Lewiston-Woodville,Bertie County,North Carolina 27849 Mailing Address: 3539 Governors Road City, State,Zip: Lewiston-Woodville,NC 27849 Application Number: 0800081.2213 Complete Application Date: August 8,2022 Division of Air Quality, Washington Regional Office Regional Office Address: 943 Washington Square Mall Washington,North Carolina 27889 Permit issued this the 16"day of September,2022 AAA d lv� Mark J.Cuilla,EIT,CPM,Chief,Air Permitting Section By Authority of the Environmental Management Commission Table of Contents LIST OF ACRONYMS 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 Multiple Emission Source(s)Specific Limitations and Conditions(Including specific requirements,testing, monitoring,recordkeeping,and reporting requirements) SECTION 3: INSIGNIFICANT ACTIVITIES PER 15A NCAC 02Q.0503(8) SECTION 4: GENERAL PERMIT CONDITIONS Permit 03085T33 Page 3 List of Acronyms AOS Alternative Operating Scenario BACT Best Available Control Technology BAE Baseline Actual Emissions Btu British thermal unit CAA Clean Air Act CAM Compliance Assurance Monitoring CEMS Continuous Emission Monitoring System CEDRI Compliance and Emissions Data Reporting Interface CFR Code of Federal Regulations CO Carbon Monoxide COMS Continuous Opacity Monitoring System CSAPR Cross-State Air Pollution Rule 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 GHGs Greenhouse Gases HAP Hazardous Air Pollutant LAER Lowest Achievable Emission Rate MACT Maximum Achievable Control Technology NAA Non-Attainment Area NAAQS National Ambient Air Quality Standards NAICS North American Industry Classification System 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 NSR New Source Review OAH Office of Administrative Hearings PAE Projected Actual Emissions PAL Plantwide Applicability Limitation PM Particulate Matter PM2.5 Particulate Matter with Nominal Aerodynamic Diameter of 2.5 Micrometers or Less PM10 Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less POS Primary Operating Scenario PSD Prevention of Significant Deterioration PTE Potential to Emit RACT Reasonably Available Control Technology SIC Standard Industrial Classification SIP State Implementation Plan S02 Sulfur Dioxide TAP Toxic Air Pollutant tpy Tons Per Year VOC Volatile Organic Compound Permit 03085T33 Page 4 SECTION 1- PERMITTED EMISSION SOURCE(S) AND ASSOCIATED AIR POLLUTION CONTROL DEVICE(S) AND APPURTENANCES The following table contains a summary of all permitted emission sources and associated air pollution control devices and appurtenances: Emission Source Control ID No. Device Emission Source Description ID No. Control Device Description ES-8 and Two natural gas/saleable animal CD-10F One packed bed scrubber(288 to 575 gallon ES-9 fat/No. 6 fuel oil-fired boilers(84 per minute normal operating range)utilizing GACT, million Btu per hour maximum heat water,air,and filter media to reduce PM and Subpart JJJJJJ input capacity,each) S02 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment ES-23 and Two natural gas-fired temporary,back- NA NA ES-24 up boilers(less than 90 million Btu per hour maximum heat input capacity, each) ES-10A.1* One poultry by-product cooker and one CD-10E One venturi wet scrubber(voluntary for odor dual-use feather/poultry by-product control state-only requirement) cooker(ID No.ES-10A.1), or ES-10A.2*,and One feather dryer and one hydrolyzer CD-10D One two-stage crossflow wet scrubber(500 (ID No.ES-10A.2),and gallons per minute nominal liquid injection rate per stage)and a dry filter mist eliminator or ES-10E* Two liquid/fat evaporators(ID No.ES- CD-10F One packed bed scrubber(288 to 575 gallon 1OE) per minute normal operating range)utilizing water,air,and filter media to reduce PM and S02 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment ES-10B* Poultry by-product presses and CD-10D One two-stage cross flow wet scrubber(500 preheater(ID No.ES-10B),and gallons per minute nominal liquid injection rate per stage)and a dry filter mist eliminator or ES-lOD* Process room air collection(ID No. CD-10F One packed bed scrubber(288 to 575 gallon ES-lOD) per minute normal operating range)utilizing water,air,and filter media to reduce PM and S02 emissions in the boilers and also used conditionally for additional control of noncondensibles depending on fuel fired in the boilers for the poultry processing equipment * These emission sources are insignificant for Title V purposes;however,they are permitted pursuant to State-enforceable only requirements. Permit 03085T33 Page 5 SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS 2.1 Emission Source(s) and Control Devices(s) Specific Limitations and Conditions The emission source(s)and associated air pollution control device(s)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. Two natural gas/saleable animal fats/No. 6 fuel oil-fired boilers (ID Nos. ES-8 and ES-9)with associated packed tower scrubber(ID No. CD-10F) The following table provides a summary of limits and standards for the emission source(s)described above: Pollutant Limits/Standards Applicable Regulation Particulate Matter 0.27 pounds per million Btu heat input 15A NCAC 02D.0503 Sulfur Dioxide 2.3 pounds per million Btu heat input 15A NCAC 02D.0516 Visible Emissions 20 percent opacity 15A NCAC 02D.0521 TSP See Section 2.1 A.4 15A NCAC 02Q.0317 PMI0 (PSD Avoidance) Sulfur Dioxide VOC Carbon Monoxide Nitrogen Oxides Hazardous Air Pollutants National Emission Standards for Hazardous Air Pollutants for 15A NCAC 02D.I I I I Area Sources—Industrial,Commercial,and Institutional (40 CFR 63,Subpart JJJJJJ) Boilers 1. 15A NCAC 02D.0503: PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS a. Emissions of particulate matter from the combustion of natural gas/saleable animal fats/No. 6 fuel oil that are discharged from these sources(ID Nos.ES-8 and ES-9)into the atmosphere shall not exceed 0.27 pounds per million Btu heat input. Testing [15A NCAC 02Q .0508(f)] b. If emissions 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 A.La above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0503. Monitoring/Recordkeeuing/Reporting[15A NCAC 02Q.0508(f)] c. No monitoring/recordkeeping/reporting is required for particulate matter from the firing of natural gas/saleable animal fats/No. 6 fuel oil in these sources(ID Nos.ES-8 and ES-9). 2. 15A NCAC 02D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from these sources(ID Nos.ES-8 and ES-9)shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels,wastes,ores,and other substances shall be included when determining compliance with this standard. Testing [15A NCAC 02Q .0508(f)] b. If emissions 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 A.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0516. Permit 03085T33 Page 6 Monitoring/Recordkeeping [15A NCAC 02Q .0508(f)] c. No monitoring/recordkeeping is required for sulfur dioxide emissions from the firing of natural gas/saleable animal fats in these sources(ID Nos.ES-8 and ES-9). d. The maximum sulfur content of any No. 6 fuel oil received and burned in these sources(ID Nos.ES-8 and ES-9) shall not exceed 2.1 percent by weight. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0516 if the sulfur content of the fuel oil exceeds this limit. e. To ensure compliance,the Permittee shall monitor the sulfur content of the No.6 fuel oil by using fuel oil supplier certification per shipment received. The results of the fuel oil supplier certification shall be recorded in a logbook (written or electronic format)on a quarterly basis and include the following information: i. the name of the fuel oil supplier; ii. the maximum sulfur content of the fuel oil received during the quarter; iii. the method used to determine the maximum sulfur content of the fuel oil;and iv. a certified statement signed by the responsible official that the records of fuel oil supplier certification submitted represent all of the No.6 fuel oil fired during the reporting period. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0516 if the sulfur content of the oil is not monitored and recorded. Reporting [15A NCAC 02Q .0508(f)] f. No reporting is required for sulfur dioxide emissions from the firing of natural gas/saleable animal fats in these sources(ID Nos.ES-8 and ES-9). g. The Permittee shall submit a summary report of the fuel oil supplier certifications postmarked on or before 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. 3. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources(ID Nos.ES-8 and ES-9)shall not be more than 20 percent opacity when averaged over a six-minute period. However, six-minute averaging periods may exceed 20 percent not more than once in any hour and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent opacity. Testing [15A NCAC 02Q .0508(f)] b. If emissions 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 A.3.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0521. Monitoring/Recordkeeping [15A NCAC 02Q .0508(f)] c. No monitoring/recordkeeping is required for visible emissions from the firing of natural gas/saleable animal fats in these sources(ID Nos.ES-8 and ES-9). d. While firing No. 6 fuel oil in these sources(ID Nos.ES-8 and ES-9),the Permittee shall: i. operate the packed tower scrubber(ID No.CD-10F)per Section 2.1 A.4.b; ii. comply with the monitoring and recordkeeping requirements in Sections 2.2 A.Lb.through e.that apply to the packed tower scrubber(ID No.CD-10F);and iii. observe the scrubber flow rate at least once per day and verify that the flow rate is within the manufacturer's specifications. e. The results of the monitoring 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: i. the date and time of each recorded action; ii. the results of each observation and/or test noting those sources with emissions that were observed to be in noncompliance along with any corrective actions taken to reduce visible emissions;and iii. the results of any corrective actions performed. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0521 if these records are not maintained and/or the scrubber is not operated as required. Permit 03085T33 Page 7 Reporting [15A NCAC 02Q .0508(f)] f. No reporting is required for visible emissions from the firing of natural gas/saleable animal fats in these sources(ID Nos.ES-8 and ES-9). g. The Permittee shall submit a summary report of the monitoring and recordkeeping activities postmarked on or before 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. 4. 15A NCAC 02Q.0317: AVOIDANCE CONDITIONS for 15A NCAC 02D.0530: PREVENTION OF SIGNIFICANT DETERIORATION a. In order to avoid applicability of 15A NCAC 02D.0530(g)for major sources and major modifications,these sources (ID Nos.ES-8 and ES-9)shall discharge into the atmosphere less than the following aggregate totals from the combustion of all fuels,per consecutive 12-month period: Pollutant PSD Avoidance limit (tons per ear) PM 41 PM10 28 Sulfur dioxide 215 VOCs 40 Carbon monoxide 106 Nitrogen oxides 107 b. The Permittee shall operate the packed tower scrubber(ID No.CD-10F)at all times while firing No. 6 fuel oil in these sources(ID Nos.ES-8 and ES-9). Testing [15A NCAC 02Q .0508(f)] c. If emissions testing is required,the testing shall be performed in accordance with General Condition JJ. If the results of this test are above the limits given in Section 2.1 A.4.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0530. Monitoring/Recordkeeping [15A NCAC 02Q .0508(f)] d. The use of No. 6 fuel oil in these sources(ID Nos.ES-8 and ES-9)shall be limited such that sulfur dioxide emissions,as calculated by the following formula,are less than 215 tons for any 12-month period: E _ (X)(157•S)(1 — C) 1,000 Where: E = Amount of sulfur dioxide emitted due to combusting oil,in pounds S = Percent sulfur,by weight,of the No. 6 oil(if the fuel is 1.5 percent sulfur, S= 1.5) X = Total amount of No. 6 oil combusted,in gallons C = Control efficiency for sulfur dioxide,established as 70 percent(C=0.70) Calculations of the sulfur dioxide emissions per month shall be made at the end of each month and shall be recorded monthly in a logbook(written or electronic format). The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if these records are not maintained or if the sulfur dioxide emissions exceed the limit in Section 2.1 A.4.a above. e. The use of fuels in these sources(ID Nos.ES-8 and ES-9)shall be limited such that carbon monoxide emissions are less than 106 tons for any 12-month period. Calculations of carbon monoxide emissions shall be made using AP-42 emission factors for the emissions from fuel oil and natural gas combustion and 0.0170 pounds per million Btu for the emissions from saleable animal fat combustion. Calculations of the carbon monoxide emissions per month shall be made at the end of each month and shall be recorded monthly in a logbook(written or electronic format). The Permittee shall be deemed in noncompliance with 15A NCAC 02D.0530 if these records are not maintained or if the carbon monoxide emissions exceed the limit in Section 2.1 A.4.a above. Permit 03085T33 Page 8 f. Monthly records shall be kept in a logbook(written or electronic format)of the amount of each fuel combusted. Records shall be kept in a logbook(written or electronic format)of all times that No.6 fuel oil is combusted in these sources(ID Nos.ES-8 and ES-9),including verification that packed tower scrubber(ID No.CD-10F)was operated while No. 6 fuel oil was used. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530 if these records are not maintained. g. No monitoring/recordkeeping of emissions of particulate matter,nitrogen oxides,or VOC from these sources(ID Nos.ES-8 and ES-9)is required in order to demonstrate compliance with 15A NCAC 02Q .0317. Reporting [15A NCAC 02Q .0508(f)] h. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before 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. The report shall contain the following: i. the monthly sulfur dioxide emissions for the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. ii. the monthly quantities of natural gas,saleable animal fats,and No. 6 fuel oil consumed for the previous 17 months. iii. the average sulfur content of the fuel oil. iv. the monthly carbon monoxide emissions from the previous 17 months. The emissions must be calculated for each of the 12-month periods over the previous 17 months. 5. 15A NCAC 02D.1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (40 CFR Part 63,Subpart JJJJJJ) For these sources(ID Nos.ES-8 and ES-9),the Permittee shall comply with all applicable provisions,including the notification,testing,and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D .I 111,"Maximum Achievable Control Technology"as promulgated in 40 CFR 63, Subpart JJJJJJ, "National Emission Standards for Hazardous Air Pollutants for Area Sources:Industrial,Commercial,and Institutional Boilers,"including Subpart A"General Provisions." Compliance Dates(40 CFR 63.11196 and 40 CFR 63.112100)) a. i. The Permittee completed the one-time energy assessment requirement on October 20,2014. ii. The Permittee completed the initial tune-up requirement on March 12,2013. Compliance Requirements b. As required by 15A NCAC 02D .1111,the Permittee shall comply with the following requirements: i. General Duty Clause(40 CFR 63.11205(a))—At all times the Permittee shall operate and maintain any affected source,including associated air pollution control equipment and monitoring equipment,in a manner consistent with safety and good air pollution control practices for minimizing emissions. ii. Boiler Tune-up(40 CFR 63.11223)—A biennial tune-up is required and shall be conducted no more than 25 months after the previous tune-up. If the unit is not operating on the required date for a tune-up,the tune-up must be conducted within 30 days of startup. The tune-up shall include the following: (A) As applicable,inspect the burner,and clean or replace any components of the burner as necessary(the Permittee may delay the burner inspection until the next scheduled unit shutdown,but must inspect each burner at least once every 36 months). (B) Inspect the flame pattern,as applicable,and adjust the burner as necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer's specifications,if available. (C) Inspect the system controlling the air-to-fuel ratio,as applicable,and ensure that it is correctly calibrated and functioning properly. (D) Optimize total emissions of carbon monoxide. This optimization should be consistent with the manufacturer's specifications,if available. (E) Measure the concentrations in the effluent stream of carbon monoxide in parts per million,by volume,and oxygen in volume percent,before and after the adjustments are made(measurements may be either on a dry or wet basis,as long as it is the same basis before and after the adjustments are made. (F) Maintain onsite a biennial report(see Section 2.1.A.5.c.below)containing: (1) The concentrations of CO in the effluent stream in parts per million,by volume,and oxygen in volume percent,measured before and after the tune-up of the boiler. Permit 03085T33 Page 9 (2) A description of any corrective actions taken as a part of the tune-up of the boiler. (3) The type and amount of fuel used over the 12 months prior to the biennial tune-up of the boiler. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1111 if the requirements in Section 2.1 A.5.b are not met. Recordkeeping Requirements c. In addition to any other recordkeeping requirements of the EPA,the Permittee shall maintain the following records as defined under 40 CFR 63.11225(c): i. Copies of all required notifications. ii. Maintain records to document conformance with the work practices,emission reduction measures,and management practices: (A) Tune-up records-records must identify each boiler,the date of tune-up,the procedures followed for tune- up,and the manufacturer's specifications to which the boiler was tuned. (B) A copy the Energy Assessment required by 40 CFR 63.11214(c). (C) Records documenting the fuel type(s)used monthly by each boiler,including,but not limited to,a description of the fuel,including whether the fuel has received a non-waste determination by the Permittee or EPA,and the total fuel usage amount with units. If the Permittee combusts nonhazardous secondary materials that have been determined not to be solid waste pursuant to 40 CFR 241.3(b)(1),the Permittee must keep a record which documents how the secondary material meets each of the legitimacy criteria. The records may be annual,monthly,or periodic,depending on fuel delivery frequencies. iii. Malfunction Records-Records of the occurrence and duration of each malfunction of the_boiler,or of the associated air pollution control and monitoring equipment. Records of actions taken during periods of malfunction to minimize emissions in accordance with the general duty to minimize emissions in 40 CFR 63.11205(a),including corrective actions to restore the malfunctioning boiler,air pollution control,or monitoring equipment to its normal or usual manner of operation. iv. Record Retention—The Permittee shall keep each record for 5 years following the date of each recorded action. The Permittee shall be deemed in noncompliance with 15A NCAC 02D.1111 if the recordkeeping requirements in Section 2.1.A.5.c.are not met. Notification and Reporting Requirements d. In addition to the notification and reporting requirements of the Environmental Protection Agency(EPA),the Permittee is required to NOTIFY the Regional Supervisor,DAQ,in WRITING,of the following: i. Initial Notification(per 40 CFR 63.9(b)and 40 CFR 63.11225(a)(2))was submitted on September 20,2011. ii. Notification of Compliance Status(40 CFR 63.11225(a)(4))is required no later than 120 days after the applicable compliance date specified in 40 CFR 63.11196. The Notification of Compliance Status must include the information and certification(s)of compliance in paragraphs 40 CFR 63.11225(a)(4)(i)through(v),as applicable,and must be signed by a responsible official. iii. Biennial Compliance Report(40 CFR 63.11225(b))A compliance certification report must be prepared by March 1 every other year,starting March 1,2015. The compliance certification report must contain the information specified in paragraphs 40 CFR 63.11225(b)(1)through(4)and must be submitted upon request. The report must be submitted by March 15 if the Permittee had any instance described by paragraph(b)(3)of 40 CFR 63.11225. Permit 03085T33 Page 10 B. Two natural gas-fired temporary, back-up boilers (ID Nos. ES-23 and ES-24) The following table provides a summary of limits and standards for the emission sources described above: Pollutant Limits/Standards Applicable Regulation Particulate Matter See Section 2.1 B.1 15A NCAC 02D .0503 Sulfur Dioxide 2.3 pounds per million Btu heat input each 15A NCAC 02D .0516 Visible Emissions 20 percent opacity 15A NCAC 02D .0521 n/a Monthly recordkeeping requirement,only 15A NCAC 02Q .0317 (NSPS Avoidance) 1. 15A NCAC 02D.0503: PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS a. Emissions of particulate matter from the combustion of natural gas in this source(ID No.ES-23)that are discharged into the atmosphere shall not exceed 0.25 pounds per million Btu heat input. b. Emissions of particulate matter from the combustion of natural gas in this source(ID Nos.ES-24)that are discharged into the atmosphere shall not exceed 0.23 pounds per million Btu heat input. Testing [15A NCAC 02Q .0508(f)] c. If emissions 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 Sections 2.1 B.La and b.above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0503. Monitoring/Recordkeeping/Reporting[15A NCAC 02Q.0508(f)] d. No monitoring/recordkeeping/reporting is required for particulate emissions from the firing of natural gas in these sources(ID Nos.ES-23 and ES-24). 2. 15A NCAC 02D.0516: SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES a. Emissions of sulfur dioxide from these sources(ID Nos.ES-23 and ES-24)shall not exceed 2.3 pounds per million Btu heat input. Sulfur dioxide formed by the combustion of sulfur in fuels,wastes,ores,and other substances shall be included when determining compliance with this standard. Testing [15A NCAC 02Q .0508(f)] b. If emissions 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.2.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0516. Monitoring/Recordkeeping/Reporting[15A NCAC 02Q.0508(f)] c. No monitoring/recordkeeping/reporting is required for sulfur dioxide emissions from the firing of natural gas in these sources(ID Nos.ES-23 and ES-24). 3. 15A NCAC 02D.0521: CONTROL OF VISIBLE EMISSIONS a. Visible emissions from these sources(ID Nos.ES-23 and ES-24)shall not be more than 20 percent opacity when averaged over a six-minute period. However, six-minute averaging periods may exceed 20 percent not more than once in any hour and not more than four times in any 24-hour period. In no event shall the six-minute average exceed 87 percent opacity. Testing [15A NCAC 02Q .0508(f)] b. If emissions 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.a above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D.0521. Monitoring/Recordkeeping/Reporting[15A NCAC 02Q.0508(f)] c. No monitoring/recordkeeping/reporting is required for visible emissions from the firing of natural gas in these sources(ID Nos.ES-23 and ES-24). Permit 03085T33 Page 11 4. 15A NCAC 02Q.0317: AVOIDANCE CONDITIONS for 15A NCAC 02D.0524: NEW SOURCE PERFORMANCE STANDARDS [40 CFR Part 60,Subpart Del a. In order to avoid applicability of 15A NCAC 02D.0524 and 40 CFR Part 60, Subpart Dc,these boilers(ID Nos. ES-23 and ES-24)shall meet the definition of"temporary boiler"as defined by§60.41 c: "Temporary boiler means a steam generating unit that combusts natural gas or distillate oil with a potential S02 emissions rate no greater than 26 nanograms per Joule[ng/J](0.060 pounds per million Btu), and the unit is designed to, and is capable of, being carried or moved from one location to another by means of,for example, wheels, skids, carrying handles, dollies, trailers, or platforms.A steam generating unit is not a temporary boiler if any one of the following conditions exists: (1) The equipment is attached to a foundation. (2) The steam generating unit or a replacement remains at a location for more than 180 consecutive days.Any temporary boiler that replaces a temporary boiler at a location and performs the same or similar function will be included in calculating the consecutive time period. (3) The equipment is located at a seasonal facility and operates during the full annual operatingperiod of the seasonal facility, remains at the facility for at least 2 years, and operates at that facility for at least 3 months each year. (4) The equipment is moved from one location to another in an attempt to circumvent the residence time requirements of this definition." Monitoring/Recordkeeping [15A NCAC 02Q .0508(f)] b. In order to meet the definition of"temporary boiler" stated above,the Permittee shall: i. Ensure that the maximum heat input capacity of either boiler(ID Nos.ES-23 and ES-24)is less than 90 million Btu per hour; ii. Only fire natural gas in either boiler(ID Nos.ES-23 and ES-24); iii. Keep records demonstrating that the boilers(ID Nos.ES-23 and ES-24)have not been on-site for more than 180 consecutive days. c. If the boilers(ID Nos.ES-23 and ES-24)do not meet the definition of"temporary boiler",the Permittee shall: i. Submit a written initial notification of the date of actual,initial startup of each NSPS-affected boiler within 15 days of such date. The notification shall be submitted to the Regional Supervisor; ii. For each calendar month,record the total quantity of each fuel fired in each NSPS-affected boiler during the previous calendar month. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if the requirements of Section 2.1 B.4.c are not met. Reporting [15A NCAC 02Q .0508(f)] e. No reporting is required to demonstrate compliance with 15A NCAC 02Q .0317 for these temporary boilers(ID Nos.ES-23 and ES-24). Permit 03085T33 Page 12 2.2 Multiple Emission Source(s) Specific Limitations and Conditions A. Facility Wide Affected Sources State-enforceable only 1. 15A NCAC 02D.0539: ODOR CONTROL OF FEED INGREDIENT MANUFACTURING PLANTS a. The requirements of this Rule apply to any facility that produces feed-grade animal proteins or feed-grade animal fats and oils,except for any portions that are engaged exclusively in the processing of food for human consumption. i. Control Device Requirement—The Permittee shall not allow,cause,or permit the operation of any device, machine,equipment,or other contrivance unless all gases,vapors,and gas-entrained effluents from these processes are passed through condensers to remove all steam and other condensable materials. All noncondensible gases passing through the condensers shall be incinerated at 1,200 degrees Fahrenheit for a period of not less than 0.3 seconds,or treated in an equally effective manner. ii. Measurement and Recording Requirements—The Permittee processing or incinerating gases,vapors,or gas- entrained matter as required by Section 2.2 A.La above shall install,operate,calibrate,and maintain in good working order continuous operating parameter measuring and recording devices to document equipment operation in accordance with 15A NCAC 02D .0539.In addition,the Permittee shall follow an approved quality assurance program for all monitoring devices and systems,including: (A) procedures and frequencies for calibration, (B) standards traceability, (C) operational checks, (D) maintenance schedules and procedures, (E) auditing schedules and procedures,and (F) data validation. iii. Expeller Requirement—The Permittee shall not allow,cause,or permit the installation or operation of expeller units unless they are properly hooded and all exhaust gases are collected or ducted to odor control equipment. iv. Handling, port,and Storage Requirement—The Permittee shall not cause or permit any raw material to be handled,transported,or stored,or to undertake the preparation of any raw material without taking reasonable precautions to prevent odors from being discharged. Such raw material is in"storage"after it has been unloaded at the facility or after it has been located at the facility according to the schedule in Section 2.2 A.l.a.v.,below. Reasonable precautions shall include the following: (A) storage of all raw material before or in the process of preparation,in properly enclosed and vented equipment or areas,together with the use of effective devices and methods to prevent the discharge of odor bearing gases; (B) use of covered vehicles or containers of watertight construction for the handling and transporting of any raw material;and (C) use of hoods and fans to enclose and vent the storage,handling,preparation,and conveying of any odorous materials together with effective devices or methods,or both,to prevent emissions of odor bearing gases. In order to avoid the storage restrictions above,the Permittee shall process each load according to the schedule in Section 2.2 A.l.a.v.,below. To ensure that no raw material is in"storage,"the Permittee shall track time of receipt and time of unloading of each shipment. The Permittee shall keep these records in a logbook(written or electronic format)onsite and make the logbook available to an authorized DAQ representative upon request. v. Unloading Specific Raw Materials-A vehicle or container holding raw material,which has not been unloaded inside or parked inside an odor controlled area within the facility,shall be unloaded for processing of the raw material prior to the expiration of the following time limits: (A) For feathers with only trace amounts of blood,such as those obtained from slaughtering houses that separate blood from offal and feathers,no later than 48 hours after being weighed upon arrival at the facility. (B) For used cooking oil in sealed tankers,no later than 96 hours after being weighed upon arrival at the facility. (C) For all other types of raw material not in sealed containers,no later than 36 hours after being weighed upon arrival at the facility. vi. Notification of Release of Excessive and Malodorous Gases and Vapors—The Permittee shall notify the Regional Air Quality Supervisor of the appropriate regional office within two business days after conditions are encountered that cause or may cause release of excessive and malodorous gases or vapors. Permit 03085T33 Page 13 vii. Compliance Statement—The Permittee shall continue to operate in compliance as described in the compliance determination submitted on December 13, 1996 pursuant to 15A NCAC 02D.0539(h)(1). The Division of Air Quality may request additional information at a later date upon further review of the compliance determination. Monitoring [15A NCAC 02D .0611] b. Odorous emissions shall be controlled,individually or in combination,by a cross flow scrubber(ID No.CD-10D),a venturi wet scrubber(ID No.CD-10E),and a packed bed scrubber(ID No.CD-10F). To ensure that optimum control efficiency is maintained,the Permittee shall perform inspections and maintenance as recommended by the manufacturer and quality assurance program. In addition to the manufacturer's inspection and maintenance recommendations,or if there are no manufacturer's inspection and maintenance recommendations,as a minimum, the inspection and maintenance requirement shall include: i. Semi-annual inspection of spray nozzles to detect clogging or corrosion damage of nozzles and perform maintenance and repair when necessary to ensure proper operation of the cross flow scrubber(ID No.CD- 1 OD); ii. semi-annual external inspection of the cross flow scrubber(ID No.CD-10D),the venturi wet scrubber(ID No. CD-10E),and the packed bed scrubber(ID No.CD-10F)for structural integrity; iii. weekly clean out of the packed bed scrubber(ID No.CD-10F);and iv. monthly inspection,cleaning,and calibration of all associated instrumentation. c. In addition to the inspection and maintenance activities described above,the Permittee shall: i. install,operate,and maintain a liquid flow meter on the cross flow scrubber(ID No.CD-10D). The liquid flow rate into each stage of the cross flow scrubber(ID No.CD-10D)shall be no less than 500 gallons per minute of water or water and additives. ii. use a scrubbing binder in the cross flow and packed bed scrubbers(ID Nos.CD-10D and CD-10F)daily from March 1 through September 30 of each year. iii. Add scrubbing binder weekly with each water flush. Recordkeeping [15A NCAC 02D .0611] d. The results of inspection and maintenance performed on the scrubbers(ID Nos.CD-10D,CD-10E,and CD-10F) 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: i. the date and time of each recorded action; ii. the results of each inspection as specified in Section 2.2.A.Lb; iii. the results of any maintenance performed on the scrubbers;and iv. any variance from manufacturer's recommendations,if any,and corrections made. e. The results of operation and monitoring activities specified in Section 2.2.A.l.c on the scrubbers(ID Nos.CD-10D, CD-10E,and CD-10F)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: i. the liquid flow rate of the cross flow scrubber(ID No.CD-10D)once daily at a minimum; ii. the date scrubbing binder is added to the cross flow and packed bed scrubbers(ID Nos.CD-10D and CD-10F). Reporting [15A NCAC 02D .0611] f. Within 30 days per a request from the DAQ,the Permittee shall submit a summary report of any maintenance performed on the scrubbers(ID Nos.CD-10D,CD-10E,and CD-10F). g. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before 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. Permit 03085T33 Page 14 SECTION 3 - INSIGNIFICANT ACTIVITIES PER 15A NCAC 02Q .0503(8) Emission Source ID No. Equipment Source Description',2 IES 17 Poultry meal conveyance system I-WCCS Wastewater collection and conveyance system IES-11,IES-12,IES-13, IES-14,IES-15,and IES-16 Six(6)meal storage silos IES-19 IMeal loadout area(54 tons per hour capacity) 'Because an activity is insignificant does not mean that the activity is exempted from an applicable requirement(Federal or State)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." Permit 03085T33 Page 15 SECTION 4 - GENERAL CONDITIONS (version 6.0, 01/07/2022) 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[I 5A 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(s)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(GEMS) reports,continuous opacity monitoring systems(COMS)reports,quality assurance(QA)/quality control(QC)reports,acid rain CEM certification reports,and NOx budget CEM certification reports,one copy shall be sent to the appropriate Regional Office and one copy shall be sent to: Supervisor,Stationary Source Compliance North Carolina Division of Air Quality 1641 Mail Service Center Raleigh,NC 27699-1641 All submittals shall include the facility name and Facility 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 03085T33 Page 16 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. Title V 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[15A NCAC 02Q.0508(f)] 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 if: i. the changes are not a modification under Title I of the Federal Clean Air Act; ii. the changes do not cause the allowable emissions under the permit to 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 i£ 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 03085T33 Page 17 LA Reporting Requirements for Excess Emissions[15A NCAC 02D.0535(f)and 02Q.0508(f)(2)] 1. "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.I 110 and 02D.I 111 shall apply where defined by rule) 2. 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. 3. If the source is not subject to NSPS(15A NCAC 02D.0524),NESHAPS(15A NCAC 02D.1110 or.1111),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). I.13 Reporting Requirements for Permit Deviations[15A NCAC 02D.0535(f)and 02Q.0508(f)(2)] 1. "Permit 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. 2. Pursuant to 15A NCAC 02Q.0508(f)(2),the Permittee shall report deviations from permit requirements(terms and conditions)quarterly by notifying the Regional Supervisor or Director of all other deviations from permit requirements not covered under 15A NCAC 02D.0535. 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. LC 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. Emergency 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. 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; Permit 03085T33 Page 18 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 tern 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 six 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 writing 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 Enforcement Branch,EPA,Region 4,61 Forsyth Street SW, Atlanta,GA 30303 or through the EPA CEDRI)postmarked on or before March 1 a compliance certification(for the preceding calendar year)by a responsible official with all terms and conditions in the permit(including emissions limitations,standards,or work practices),except for conditions identified as being State-enforceable Only.It shall be the responsibility of the current owner to submit a compliance certification for the entire year regardless of who owned the facility during the year. The compliance certification shall comply with additional requirements as may be specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act. 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); Permit 03085T33 Page 19 3. whether compliance was continuous or intermittent; 4. the method(s)used for determining the compliance status of the source during the certification period; 5. each deviation and take it into account in the compliance certification;and 6. as possible exceptions to compliance,any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64(CAM)occurred. 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[I 5A 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[I 5A 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 03085T33 Page 20 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)(3)] 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(d)] 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)[I 5A 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. Permit 03085T33 Page 21 EE. National Emission Standards Asbestos—40 CFR Part 61,Subpart M[15A NCAC 02D.1110] The Permittee shall comply with all applicable standards for demolition and renovation activities pursuant to the requirements of 40 CFR Part 61,Subpart M. The permittee shall not be required to obtain a modification of this permit in order to perform the referenced activities. 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). II. 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, .1110,or.1111 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 for emission sources subject to Rules.0524,.1110,or .1111,the Permittee shall provide and submit all notifications,conduct all testing,and submit all test reports in accordance with the requirements of 15A NCAC 02D.0524,.1110,or.1111,as applicable. Otherwise,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. Permit 03085T33 Page 22 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 15A NCAC 02D .2600 if the methods can be demonstrated to determine compliance of permitted emission sources or pollutants. b. The Director may authorize the DAQ to conduct independent tests of any source subject to a rule in 15A NCAC 02D 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 15A NCAC 02D .2600 has precedence over all other tests. 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 finds that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit;or d. the Director or EPA determines that the permit must be revised or revoked to assure 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. When permitted equipment is not in operation,the requirements for testing,monitoring,and recordkeeping are suspended until operation resumes. MM.Fugitive Dust Control Requirement[15A NCAC 02D.0540] 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(b)(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(c)(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. Permit 03085T33 Page 23 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(Air Permitting Branch,EPA,Region 4,61 Forsyth Street SW,Atlanta,GA 30303 or through the EPA CEDRI)in writing at least seven days before the change is made. a. The written notification shall include: i. a description of the change at the facility; 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. b. In addition to this notification requirement,with the next significant modification or Air Quality Permit renewal,the Permittee shall submit a page MY'of the application forms signed by the responsible official verifying that the application for the 502(b)(10)change/modification,is true,accurate,and complete. Further note that modifications 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 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.