HomeMy WebLinkAboutAQ_F_0400052_20210716_CMPL_CmplDetLtr K
ROY COOPER
Governor
ELIZABETH S.BISER ,4
Secretary ��gawva®
MICHAEL ABRACZINSKAS NORTH CAROLINA
Director Environmental Quality
July 16, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tyler Fitzgerald,District Manager
Anson County Waste Management Facility
375 Dozer Drive
Polkton,NC 28135
SUBJECT: Notice of Substantive Complaints—Requirements for Odor Management Plan
15A NCAC 02D .1806 "Control and Prohibition of Odorous Emissions"
Anson County Waste Management Facility
Polkton,North Carolina,Anson County
Facility ID No. 0400052/Air Permit No. 09835T04
Fee Class: Title V
Dear Mr. Fitzgerald:
The Fayetteville Regional Office(FRO)of the North Carolina Division of Air Quality
(DAQ)has received multiple complaints, since December 2020, concerning objectionable odorous
emissions originating from the municipal solid waste landfill operation located at 375 Dozer Drive in
Polkton in Anson County. Since December 2020,the FRO DAQ staff have communicated with you
multiple times concerning these complaints and activities at the Polkton facility that could be causing
objectionable odors beyond the facility's property boundaries. In April and May 2021,FRO DAQ
staff observed and documented objectionable odors from the subject facility beyond its property
boundaries. The purpose of this letter is to inform you that odorous emissions from the Anson
County Waste Management Facility are subject to 15A North Carolina Administrative Code(NCAC)
02D .1806, "Control and Prohibition of Odorous Emissions."
As a result of the above-mentioned odorous emissions and substantive complaints,the
Division of Air Quality is requiring your company to develop an odor management plan as
specified in 15A North Carolina Administrative Code(NCAC)02D .1806, "Control and
Prohibition of Odorous Emissions"(copy attached). This regulation requires timely notifications
and the development of an odor management plan as follows:
(1) Odor Management Plan. If the Director determines that a source or facility
subject to this Rule is causing or contributing to objectionable odors beyond its
property boundary by the procedures described in Paragraph (i) of this Rule, the
owner or operator shall develop and submit an odor management plan within 60
days of receipt of written notification from the Director of an objectionable odor
determination. The odor management plan shall:
(1) identify the sources of odorous emissions;
(2) describe how odorous emissions will be controlled from each identified source,
(3) describe how the plan will be implemented; and
(4) contain a schedule by which the plan will be implemented.
D F217 North Carolina Department of Environmental Quality I Division of Air Quality
West Jones Street 1 1641 Mail Service Center I Raleigh,North Carolina 27699-1641
pro\ r 919.707.8400
Mr. Tyler Fitzgerald
July 16, 2021
Page 2
Upon receipt of an approval letter from the Director for the odor management
plan, the source or facility shall implement the approved plan within 30 days,
unless an alternative schedule of implementation is approved as part of the odor
management plan submittal. If the Director finds that the odor management plan
does not meet the requirements of this Paragraph or address the specific odor
concerns, he or she shall notify the owner or operator of any deficiencies in the
proposed plan. The owner or operator shall have 30 days after receipt of written
notification from the Director to resubmit the odor management plan correcting
the stated deficiencies with the plan or the schedule of implementation. If the
owner or operator fails to correct the plan deficiencies with the second draft plan
submittal or repeatedly fails to meet the deadlines set forth in this Paragraph or
Paragraph (g) of this Rule, the Director shall notify the owner or operator in
writing that they are required to comply with the maximum feasible control
requirements in Paragraph (h) of this Rule.
Please take note upon receipt of this notice,you are required to comply with all the
above-mentioned deadlines and odor management plan requirements. Please contact Jeffrey
Cole,Environmental Engineer,or Greg Reeves,Acting Compliance Coordinator, of the Fayetteville
Regional Office at(910)433-3300 if you have any questions.
Sincerel
Michael A.Abraczinskas,Director
Division of Air Quality,NCDEQ
Enclosure
c: FRO County File
RENorth Carolina Department of Environmental Quality I Division of Air Quality
217 West Jones Street 11641 Mail Service Center ) Raleigh,North Carolina 27699-1641
ex7an.cu+
o..,..a..em�.rwnw' 919.707.8400
15A NCAC 02D.1806 CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
(a) Purpose.'The purpose of this Rule is to provide for the control and prohibition of objectionable odorous
emissions.
(b) Definitions.For the purpose of this Rule,the following definitions shall apply:
(1) "Commercial purposes"means activities that require a State or local business license to operate.
(2) "Temporary activities or operations" means activities or operations that are less than 30 days in
duration during the course of a calendar year and do not require an air quality permit.
(c) Applicability. With the exemptions in Paragraph (d) of this Rule, this Rule shall apply to all operations that
produce odorous emissions that can cause or contribute to objectionable odors beyond the facility's boundaries.
(d) Exemptions.The requirements of this Rule do not apply to:
(1) processes at kTaft pulp mills identified in 15A NCAC 02D .0528 and subject to 15A NCAC 02D
.0524 or.0528;
(2) processes at facilities that produce feed-grade animal proteins or feed-grade animal fats and oils
identified in 15A NCAC 02D.0539;
(3) motor vehicles and transportation facilities;
(4) all on-farm animal and agricultural operations, including dry litter operations and operations
subject to 15A NCAC 02D.1804;
(5) municipal wastewater treatment plants and municipal wastewater handling systems;
(6) restaurants and food preparation facilities that prepare and serve food on site;
(7) single family dwellings not used for commercial purposes;
(8) materials odorized for safety purposes;
(9) painting and coating operations that do not require a business license;
(10) all temporary activities or operations;or
(1 l) any facility that stores products that are grown,produced,or generated on one or more agricultural
operations and that are "renewable energy resources," as defined in G.S. 62-133.8(a)(8) if the
facility identifies the sources of potential odor emissions and specifies odor management practices
in their permit pursuant to 15A NCAC 02Q.0300 or.0500 to minimize objectionable odor beyond
the property lines.
(e) Control Requirements. The owner or operator of a facility subject to this Rule 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.
(f) Odor management plan. If the Director determines that a source or facility subject to this Rule is causing or
contributing to objectionable odors beyond its property boundary by the procedures described in Paragraph (i) of
this Rule, the owner or operator shall develop and submit an odor management plan within 60 days of receipt of
written notification from the Director of an objectionable odor determination.The odor management plan shall:
(1) identify the sources of odorous emissions;
(2) describe how odorous emissions will be controlled from each identified source;
(3) describe how the plan will be implemented;and
(4) contain a schedule by which the plan will be implemented.
Upon receipt of an approval letter from the Director for the odor management plan, the source or facility shall
implement the approved plan within 30 days,unless an alternative schedule of implementation is approved as part of
the odor management plan submittal. If the Director finds that the odor management plan does not meet the
requirements of this Paragraph or address the specific odor concerns,he or she shall notify the owner or operator of
any deficiencies in the proposed plan. The owner or operator shall have 30 days after receipt of written notification
from the Director to resubmit the odor management plan correcting the stated deficiencies with the plan or the
schedule of implementation. If the owner or operator fails to correct the plan deficiencies with the second draft plan
submittal or repeatedly fails to meet the deadlines set forth in this Paragraph or Paragraph (g) of this Rule, the
Director shall notify the owner or operator in writing that they are required to comply with the maximum feasible
control requirements in Paragraph(h)of this Rule.
(g) Odor management plan revision. If after the odor management plan has been implemented, the Director
determines that the plan fails to eliminate objectionable odor emissions from a source or facility using the
procedures described in Paragraph (i) of this Rule, he or she shall require the owner or operator of the facility to
submit a revised plan. Within 60 days after receiving written notification from the Director of a new objectionable
odor determination, the owner or operator of the facility shall submit a revision to their odor management plan
following the procedures and timelines in Paragraph(f) of this Rule. If the revised plan,once implemented, fails to
eliminate objectionable odors, then the source or facility shall comply with requirements in Paragraph (h) of this
Rule.
(h) Maximum feasible controls.If an amended odor management plan does not prevent objectionable odors beyond
the facility's boundary,the Director shall require the owner or operator to implement maximum feasible controls for
the control of odorous emissions. Maximum feasible controls shall be determined according to the procedures in
15A NCAC 02D.1807.The owner or operator shall:
(1) complete the process outlined in 15A NCAC 02D.1807 and submit a complete permit application
according to 15A NCAC 02Q .0300 or 15A NCAC 02Q .0500, as applicable,within 180 days of
receipt of written notice from the Director requiring implementation ,of maximum feasible
controls. The application shall include a compliance schedule containing the following increments
of progress:
(A) a date by which contracts for the odorous emission control systems and equipment shall
be awarded or orders shall be issued for purchase of component parts;
(B) a date by which on-site construction or installation of the odorous emission control
systems and equipment shall begin;
(C) a date by which on-site construction or installation of the odorous emission control
systems and equipment shall be completed;and
(D) a date by which final compliance shall be achieved.
(2) install and begin operating maximum feasible controls within 18 months after receiving written
notification from the Director of the requirement to implement maximum feasible controls. The
owner or operator may request an extension to implement maximum feasible controls. The
Director shall approve an extension request if he or she finds that the extension request is the
result of circumstances beyond the control of the owner or operator.
The owner or operator shall certify to the Director within five days after the deadline for each increment of progress
in this Paragraph whether the required increment of progress has been met.
(i) Determination of the existence of an objectionable odor. A source or facility is causing or contributing to an
objectionable odor when:
(1) a member of the Division stair determines by field investigation that an objectionable odor is
present by taking into account the nature,intensity,pervasiveness,duration,and source of the odor
and other pertinent such as wind direction,meteorology,and operating parameters of the facility;
(2) the source or facility emits known odor-causing compounds such as ammonia, total volatile
organics, hydrogen sulfide, or other sulfur compounds at levels that cause objectionable odors
beyond the property line of that source or facility;or
(3) the Division receives from the State Health Director epidemiological studies associating health
problems with odors from the source or facility.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Ef..April 1, 2001;
Readopted Eff.September 1, 2019.