HomeMy WebLinkAboutAQ_F_1000127_20200520_PRMT_Permit ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
MICHAEL ABRACZINSKAS ; QUV4°
Director
NORTH CAROLINA
Environmental Quality
Mr.William C.Bellamy
Owner/Operator
Chuck's Construction Co.,Inc.DBA Chuck's Construction Mine
P.O.Box 1380
Little River, SC 29566
SUBJECT: Air Quality Permit No. 10643GOI
General Title V Air Quality Permit for Air Curtain Incinerators
Facility ID: 1000127
Chuck's Construction Co.,Inc.DBA Chuck's Construction Mine
1520 Hickman Road NW
Calabash,Brunswick County,North Carolina
Fee Class: General Title V
PSD Class: Minor
Dear Mr.Bellamy:
In accordance with your completed Air Quality Permit Application for a General Title V Air
Quality Permit received April 8, 2020, we are forwarding herewith Air Quality Permit No. 10643GOI to
Chuck's Construction Mine, Calabash,Brunswick County,North Carolina, authorizing the construction and
operation, of the emission source(s) and associated air pollution control device(s) specified herein.
Additionally, any emissions activities determined from your Air Quality Permit Application as being
insignificant per 15A North Carolina Administrative Code 02Q .0503(8) have been listed for informational
purposes as an"ATTACHMENT." Please note the requirements for the annual compliance certification are
contained in General Condition P in Section 3.The current owner is responsible for submitting a compliance
certification for the entire year regardless of who owned the facility during the year.
This emission source (ID No. ACI) is listed as a minor modification per 15A NCAC 02Q .0515.
The compliance certification as described in General Condition P is required. Unless otherwise notified
by NC DAQ, the affected terms of this permit (excluding the permit shield as described General
Condition R) for this source shall become final on July 19, 2020. Until this date, the affected permit
terms herein reflect the proposed operating language that the Permittee shall operate this source under
pursuant to 15A NCAC 02Q .0515(f).
As the designated responsible official, it is your responsibility to review, understand, and abide by
all of the terms and conditions of the attached permit. It is also your responsibility to ensure that any person
who operates any emission source and associated air pollution control device subject to any term or
condition of the attached permit reviews,understands, and abides by the condition(s) of the attached permit
that are applicable to that particular emission source.
If any parts, requirements, or limitations contained in this Air Quality Permit are unacceptable to
you, you have the right to request a formal adjudicatory hearing within 30 days following receipt of this
permit, identifying the specific issues to be contested. This hearing request must be in the form of a written
petition, conformin to NCGS orth Carolina General Statutes) 150B-23, and filed with both the Office of
D �� North Carolina Department of Environmental Quality I Division of Air Quality
217 West Jones Street 1 1641 Mail Service Center I Raleigh,North Carolina 27699-1641
NCR�H CARpLINA
oac rl orfmim6rmffmi w+im
919.707.8400
Mr.William C.Bellamy
May 20,2020
Page 2
Administrative Hearings, 6714 Mail Service Center, Raleigh,North Carolina 27699-6714 and the Division
of Air Quality, Permitting Section, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641. The
form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of
Administrative Hearings. Please note that this permit will be stayed in its entirety upon receipt of the
request for a hearing. Unless a request for a hearing is made pursuant to NCGS 150B-23, this Air Quality
Permit shall be final and binding 30 days after issuance.
You may request modification of your Air Quality Permit through informal means pursuant to
NCGS 150B-22. This request must be submitted in writing to the Director and must identify the specific
provisions or issues for which the modification is sought. Please note that this Air Quality Permit will
become final and binding regardless of a request for informal modification unless a request for a hearing is
also made under NCGS 150B-23.
The construction of new air pollution emission source(s) and associated air pollution control
device(s), or modifications to the emission source(s) and air pollution control device(s) described in this
permit must be covered under an Air Quality Permit issued by the Division of Air Quality prior to
construction unless the Permittee has fulfilled the requirements of NCGS 143-215.108A(b) and received
written approval from the Director of the Division of Air Quality to commence construction. Failure to
receive an Air Quality Permit or written approval prior to commencing construction is a violation of 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.
Brunswick County has triggered increment tracking under PSD for particulate matter with
nominal aerodynamic diameter less than or equal to 10 microns (PMIo), sulfur dioxide(SOA and nitrogen
oxides (NOX). However, this permit modification does not consume or expand increments for any
pollutants.
This Air Quality Permit shall be effective from 19, 2020 until December 31, 2024 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 Mr. Jeff Twisdale at (919)
707-8472 and jeff.twisdale(c-r�ncdenr.gov.
Sincerely yours,
Q
V�
William D.Willets,P.E.,Chief,Permitting Section
Division of Air Quality,NCDEQ
Enclosure
c: Kelly Fortin,EPA Region 4(permit only)
Wilmington Regional Office
Central Files
Connie Horne(cover letter only)
Mr.William C.Bellamy
May 20,2020
Page 3
Mr.William C.Bellamy
May 20,2020
Page 4
ATTACHMENT to Permit No. 10643G01
Insignificant Activities per 15A NCAC 02Q .0503(8)
- FEmission Source ID No. Emission Source Description
N/A N/A
1. Because an activity is insignificant does not mean that the activity is exempted from an applicable
requirement or that the Permittee is exempted from demonstrating compliance with any applicable
requirement.
2. When applicable, emissions from stationary source activities identified above shall be included in
determining compliance with the permit requirements for toxic air pollutants under 15A NCAC 02D
.1100"Control of Toxic Air Pollutants"or 02Q .0711 "Emission Rates Requiring a Permit."
3. For additional information regarding the applicability of MACT or GACT see the DAQ page titled
"Specific Permit Conditions Regulatory Guide."The link to this site is as follows:
http://deg.nc.gov/about/divisions/air-quali . /air-quality_permits/specific-permit-conditions-
reQulatory-guide.
Mr.William C.Bellamy
May 20,2020
Page 5
Summary of Changes to Permit
The following changes were made to the Chuck's Construction Mine,Air Permit No. 10643G00
Page No. Section Description of Changes
All Throughout permit Updated all dates and permit revision numbers
and cover letter
1 Permit Info Table Added/updated footnote*for the effective date of the permit being 60
days later than issuance date because of minor modification And
added additional facility site address
3 1. Source Table Updated emission source description to McPherson M30G Trench
Burner(8 tons per hour firing capacity)
Added/updated footnote*for the effective date of the permit being 60
days later than issuance date because of minor modification
3 2.1 A Updated emission source description to McPherson M30G Trench
Burner(ID No.ACI)
3 2.1 A Limit Table Added requirement for 15A NCAC 02Q.0510: PERMITTING OF FAC
AT MULTIPLE TEMPORARY SITES
3-5 2.1 A 1. Updated permit language for 15A NCAC 02D .1904: AIR CURTAIN
INCINERATORS
7 2.1 A 5. Added permit language for 15A NCAC 02Q.0510: PERMITTING OF
FACILITIES AT MULTIPLE TEMPORARY SITES
8-16 3. Inserted latest GENERAL CONDITIONS
State of North Carolina
Z�J� Department of Environmental Quality
NORTH CAROLINA Division Of Air Quality
Department of Environmental Duality
AIR QUALITY PERMIT
Permit No. Replaces Permit No.(s) Effective Date Expiration Date
10643G01 10643G00 July 19, 2020* December 31, 2024
The effective date listed above applies only to changes made as a result of this modification. All other terms and conditions
of this permit are applicable as of the issuance date.
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: Chuck's Construction Mine
Facility ID: 1000127
Facility Site Location: 1520 Hickman Road NW
City, State,Zip: Calabash,Brunswick County,North Carolina 28467
Mailing Address: P.O.Box 1380
City, State,Zip: Little River, South Carolina 29566
Application Number: 1000127.20A
Complete Application Date: April 8,2020
Primary SIC Code: 4953
Division of Air Quality, Wilmington Regional Office
Regional Office Address: 127 Cardinal Drive Extension
Wilmington,North Carolina 28405
Permit issued this the 20th day of May,2020.
William D.Willets,P.E., Chief,Air Permitting Section
By Authority of the Environmental Management Commission
Table of Contents
SECTION 1: PERMITTED EMISSION SOURCE(S)AND ASSOCIATED
AIR POLLUTION CONTROL DEVICE(S)AND APPURTENANCES
SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS
2.1 Emission Source(s) Specific Limitations and Conditions (Including specific requirements,testing,
monitoring,recordkeeping,and reporting requirements)
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
List of Acronyms
Permit 10643G01
Page 3
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 Device
Page Nos. ID No. Emission Source Description ID No. Control Device Description
3 -7 ACI* McPherson M30G N/A N/A
NSPS EEEE Trench Burner
(8 tons per hour firing capacity)
*This emission source(ID No.ACI)is listed as a minor modification per 15A NCAC 02Q.0515. The compliance certification as
described in General Condition P is required. Unless otherwise notified by NC DAQ,the affected terms of this permit(excluding the
permit shield as described General Condition R)for this source shall become final on July 19,2020. Until this date,the affected permit
terms herein reflect the proposed operating language that the Permittee shall operate this source pursuant to 15A NCAC 02Q.0515(f).
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. McPherson M30G Trench Burner(ID No.ACI)
The following table provides a summary of limits and standards for the emission source(s)described above:
Regulated Limits/Standards Applicable Regulation
Pollutant
Visible Emissions Work Practices 15A NCAC 02D.1904
Visible Emissions 10 percent opacity(6-minute average),except 15A NCAC 02D.0524
35 percent opacity(6-minute average)during the startup NSPS 40 CFR Part 60 Subpart EEEE
period that is within the first 30 minutes of operation.
Odorous Emissions State-enforceable Only 15A NCAC 02D.1806
Visible Emissions The Permittee shall notify the Division in writing at least 15A NCAC 02Q.0510
(multiple locations) 10 days in advance of each change of location.
1. 15A NCAC 02D.1904: AIR CURTAIN INCINERATORS
a. Air quality permits are required for the following:
i. New and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2265 that combust the following
materials:
(1) 100 percent wood waste;
(2) 100 percent clean lumber;
(3) 100 percent yard waste;or
(4) 100 percent mixture of only wood waste,clean lumber,and yard waste.
mixture of only wood waste,clean lumber,and yard waste.
ii. New and existing temporary air curtain incinerators used at industrial,commercial,institutional,or municipal sites where
a temporary air curtain incinerator is an air curtain incinerator whose owner or operator moves the air curtain incinerator
to another site and operates it for land clearing or right-of-way maintenance at that site at least once during the term of its
permit.
b. Temporary-use air curtain incinerators used in disaster recovery are excluded from the requirements of 15A NCAC 02D
.1904 if the following conditions are met:
Permit 10643G0I
Page 4
i. the air curtain incinerator meets the definition of a temporary-use air curtain incinerators used in disaster recovery as
defined in 15A NCAC 02D.1904(b)(7);
ii. the air curtain incinerator meets all the requirements pursuant to 40 CFR 60.2969 or 60.3061,as applicable;and
iii. the air curtain incinerator is operated in a manner consistent with the operations manual for the air curtain incinerator and
the charge rate during all periods of operation is less than or equal to the lesser of 35 tons per day or the maximum
charge rate specified by the manufacturer of the air curtain incinerator.
c. Air curtain incinerators shall be subject to 15A NCAC 02Q .0500 and the following requirements:
i. The owner or operator of a new or existing permanent air curtain incinerator shall obtain a General Title V Operating
Permit pursuant to 15A NCAC 02Q .0509.
ii. The owner or operator of a new or existing temporary air curtain incinerator shall obtain a General Title V Operating
Permit pursuant to 15A NCAC 02Q .0510.
iii. The owner or operator of an existing permanent or temporary air curtain incinerator shall complete and submit a permit
application no later than September 1,2020.
iv. The owner or operator of a new permanent or temporary air curtain incinerator shall complete and submit a permit
application 60 days prior to the date the unit commences operation.
v. The owner or operator of an existing permanent or temporary air curtain incinerator that is planning to close rather than
obtaining a permit pursuant to 15A NCAC 02Q.0509 or 15A NCAC 02Q .0510 shall submit a closure notification to the
Director no later than September 1,2020.
d. Air curtain incinerators shall comply with the following conditions and stipulations:
i. The operation of air curtain incinerators in particulate and ozone nonattainment areas shall cease in a county that the
Department or the Forsyth County Office of Environmental Assistance and Protection has forecasted to be an Air
Quality Action Day Code"Orange"or above during the 24-hour time period covered by that Air Quality Action Day;
ii. The wind direction at the time that the burning is initiated and the wind direction as forecasted by the National Weather
Service during the time of the burning shall be away from any area, including public roads within 250 feet of the burning
as measured from the edge of the pavement or other roadway surface,which may be affected by smoke,ash,or other air
pollutants from the burning;
iii. No fires shall be started or material added to existing fires when the North Carolina Forest Service,Fire Marshal,or
other governmental agency has banned burning for that area;
iv. Burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. No combustible materials shall be added
to the air curtain incinerator prior to or after this time period;
v. The air curtain incinerator shall not be operated more than the maximum source operating hours-per-day and days-per-
week. The maximum source operating hours-per-day and days-per-week shall be set to protect the ambient air quality
standard and prevention of significant deterioration(PSD)increment for particulate. The maximum source operating
hours-per-day and days-per-week shall be determined using the modeling procedures in 15A NCAC.02D.1106(b),(c),
and(f). This Subparagraph shall not apply to temporary air curtain incinerators;
vi. Air curtain incinerators shall meet manufacturer's specifications for operation and upkeep to ensure complete burning of
material charged into the pit. Manufacturer's specifications shall be kept on site and be available for inspection by
Division staff,
vii. The owner or operator of an air curtain incinerator shall allow the ashes to cool and water the ash prior to its removal to
prevent the ash from becoming airborne.
vii. Only distillate oil,kerosene,diesel fuel,natural gas,or liquefied petroleum gas may be used to start the fire;and
ix. The location of the burning shall be at least 300 feet from any dwelling,group of dwellings,or commercial or
institutional establishment,or other occupied structure not located on the property on which the burning is conducted.
The regional office supervisor may grant exceptions to the setback requirements if a signed,written statement waiving
objections to the air curtain burning is obtained from a resident or an owner of each dwelling,commercial or institutional
establishment,or other occupied structure within 300 feet of the burning site. In case of a lease or rental agreement,the
lessee or renter,and the property owner shall sign the statement waiving objections to the burning. The statement shall
be submitted to and approved by the regional office supervisor before initiation of the burn. Factors that the regional
supervisor shall consider in deciding to grant the exception include: all the persons who need to sign the statement
waiving the objection have signed it;the location of the burn;and the type,amount,and nature of the combustible
substances.
Compliance with 15A NCAC 02D.1904 does not relieve any owner or operator of an air curtain incinerator from the
necessity of complying with other air quality rules.
Permit 10643G01
Page 5
e. Emission Limitations [15A NCAC 02D.1904(f)]
i. The owner or operator of an existing air curtain incinerators shall meet the following opacity limits:
(1) Maintain opacity to less than or equal to 35 percent opacity(as determined by the average of 3 1-hour blocks
consisting of 10 6-minute average opacity values)during startup of the air curtain incinerator,where startup is
defined as the first 30 minutes of operation.
(2) Maintain opacity to less than or equal to 10 percent opacity(as determined by the average of 3 1-hour blocks
consisting of 10 6-minute average opacity values)at all times,other than during startup or during malfunctions.
ii. The owner or operator of a new air curtain incinerator shall meet the opacity limits specified above within 60 days after
air curtain incinerator reaches the charge rate at which it will operate,but no later than 180 days after its initial startup.
f. Testing [15A NCAC 02Q.0508(f)]
i. All initial and annual opacity tests shall be conducted using 40 CFR 60 Appendix A-4 Test Method 9 to determine
compliance with the opacity limitations specified in Section 2.1 A.1.d.above.
ii. The owner or operator of an existing air curtain incinerator shall conduct an initial performance test for opacity as
specified in 40 CFR 60.8 on or before 90 days after the effective date of this Rule.
iii. The owner or operator of a new air curtain incinerator shall conduct an initial performance test for opacity as specified in
40 CFR 60.8 within 60 days after achieving the maximum charge rate at which the affected air curtain incinerator will be
operated,but not later than 180 days after initial startup of the air curtain incinerator.
iv. After the initial test for opacity,the owner or operator of a new or existing air curtain incinerator subject to 15A NCAC
02D .1904 shall conduct annual opacity tests on the air curtain incinerator no more than 12 calendar months following
the date of the previous test.
v. The owner or operator of an existing air curtain incinerator that has ceased operations and is restarting after more than 12
months since the previous test shall conduct an opacity test upon startup of the unit.
Recordkeeuin2 and Reporting [15ANCAC 02Q.0508(f)]
g. Prior to commencing construction of an air curtain incinerator,the owner or operator of a new air curtain incinerator shall
submit the following information to the Director:
i. a notification of intent to construct an air curtain incinerator;
ii. the planned initial startup date of the air curtain incinerator;and
iii. the materials planned to be combusted in the air curtain incinerator.
h. The owner or operator of a new or existing air curtain incinerator shall do the following:
i. keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format for 5 years;
ii. make all records available for submission to the Director or for an inspector's onsite review;
iii. report the results of the initial and annual opacity tests as the average of 3 1-hour blocks consisting of 10 6-minute
average opacity values;
iv. submit initial opacity test results to the Division no later than 60 days following the initial test and submit annual opacity
test results within 12 months following the previous report;
v. submit initial and annual opacity test reports to the Division as electronic or paper copy on or before the applicable
submittal date;and
vi. keep a copy of the initial and annual reports onsite for a period of 5 years.
i. In addition to complying with the requirements of 15A NCAC 02D.1904,an air curtain incinerator subject to 40 CFR Part
60, Subpart EEEE,shall also comply with 40 CFR 60.2970 through 60.2975.
2. 15A NCAC 02D.0524: NSPS 40 CFR PART 60 SUBPART EEEE—Standards of Performance for Other Solid
Waste Incineration Units for which Construction is Commenced after December 9,2004,or for which Modification
or Reconstruction is Commenced on or after June 16,2006
a. The Permittee shall comply with all applicable provisions,including the notification,testing,monitoring,
recordkeeping and reporting requirements contained in Environmental Management Commission Standard 15A
NCAC 02D .0524"New Source Performance Standards(NSPS)as promulgated in 40 CFR Part 60 Subpart EEEE,
including Subpart A"General Provisions."
i. Air curtain incinerators that burn less than 35 tons per day of municipal solid waste or air curtain incinerators
located at institutional facilities burning any amount of institutional waste generated at that facility are subject to
all requirements of this subpart,including the emission limitations specified in Table 1 of 40 CFR Part 60 Subpart
EEEE.
Permit 10643GOI
Page 6
ii. Air curtain incinerators that burn only less than 35 tons per day of the materials listed in paragraphs ii.(1)through
(4)of this section collected from the general public and from residential,commercial,institutional,and industrial
sources;or,air curtain incinerators located at institutional facilities that burn only the materials listed in
subparagraphs(ii)(1)through(4)of this section generated at that facility,are required to meet only the
requirements in 40 CFR 60.2970 through 60.2974 and are exempt from all other requirements of this subpart.
(1) 100 percent wood waste.
(2) 100 percent clean lumber.
(3) 100 percent yard waste.
(4) 100 percent mixture of only wood waste,clean lumber,and/or yard waste.
[40 CFR 60.2888]
iii. An air curtain incinerator operates by forcefully projecting a curtain of air across an open,integrated combustion
chamber(fire box)or open pit or trench(trench burner)in which combustion occurs. For the purpose of this
subpart(NSPS Subpart EEEE)and 40 CFR 60 Subpart FFFF only,air curtain incinerators include both firebox
and trench burner units.
[40 CFR 60.2970]
Emission Limitations [15A NCAC 02D .0524,40 CFR 60.2971]
b. Visible emissions from this source(ID No.ACI)shall not be more than 10 percent opacity(6-minute average),
except as described in paragraph c.below.
c. Visible emissions from this source(ID No.ACI)shall not be more than 35 percent opacity(6-minute average)
during the startup period that is within the first 30 minutes of operation.The opacity standards apply at all times,
except during periods of malfunction.
Testing [15A NCAC 02Q .0508(f),40 CFR 60.2972]
d. Within 60 days after your air curtain incinerator reaches the charge rate at which it will operate,but no later than
180 days after its initial startup,the Permittee shall conduct the following performance tests:
i. Use Method 9 of Appendix A of 40 CFR Part 60 and in accordance with Gneral Condition JJ to determine
compliance with the opacity limitations.
ii. Conduct an initial test(Method 9)for opacity as specified in 40 CFR 60.8.
e. After the initial test for opacity,the Permittee shall conduct annual tests no more than 12 calendar months following the
date of your previous test.
f. If the air curtain incinerator has been out of operation for more than 12 months following the date of the previous test,
then conduct a test for opacity upon startup of the unit.
If the results of these tests are above the limit given in Section 2.1 A.2.b—c.,above,the Permittee shall be deemed in
noncompliance with 15A NCAC 02D .0524.
Recordkeeping/Reporting [15A NCAC 02Q.0508(f),40 CFR 60.2973]
g. The Permittee shall record,maintain and report the following:
i. Prior to commencing construction on your air curtain incinerator,submit the three items described in
subparagraphs(i)(1)through(3)below.
(1)Notification of intent to construct the air curtain incinerator.
(2)Planned initial startup date.
(3)Types of materials you plan to burn in your air curtain incinerator.
ii. Keep records of results of all initial and annual opacity tests onsite in either paper copy or electronic format,unless
the Administrator approves another format,for at least 5 years. Keep each record on site for at least 2 years.May
keep the records off site for the remaining 3 years.
iii. Make all records available for submittal to the Administrator or for an inspector's onsite review.
iv. Submit the results(each 6-minute average)of the initial opacity tests no later than 60 days following the initial test.
Submit annual opacity test results within 12 months following the previous report.
v. Submit initial and annual opacity test reports as electronic or paper copy on or before the applicable submittal date.
vi. Keep a copy of the initial and annual reports onsite for a period of 5 years. Keep each report on site for at least 2
years. May keep the reports off site for the remaining 3 years.
Permit 10643G01
Page 7
State-Enforceable Onlv:
3. 15A NCAC 02D.1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS
The Permittee shall not operate the facility without implementing management practices or installing and operating odor
control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable
odors beyond the facility's boundary.
State-Enforceable Only:
4. NORTH CAROLINA GENERAL STATUTE § 143-215.108: CONTROL OF SOURCES OF AIR POLLUTION;
PERMITS REQUIRED
Prior to construction and operation of the facility under this permit,the Permittee shall comply with all
lawfully adopted local ordinances,including those cited in the determination,that apply to the facility at the
time of construction or operation of the facility. The local zoning authority shall have the responsibility of
enforcing all lawfully adopted local zoning or subdivision ordinances.
[NCGS § 143-215.108(f)]
5. 15A NCAC 02Q.0510: PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES
a. The Director may issue a single permit authorizing emissions from similar operations by the same facility owner or
operator at multiple temporary sites based on the following factors:
i. No facility shall qualify for a permit for multiple temporary sites unless the operation involves at least one change
of site during the term of the permit.
ii. Sources subject to Title IV shall not be eligible for a permit pursuant to 15A NCAC 02Q.0510.
iii.. Permits for facilities at multiple temporary sites shall include:
(1) identification of each site;
(2) conditions that will assure compliance with all applicable requirements at all authorized locations;
(3) requirements that the permittee notify the Division at least 10 days in advance of each change of location;and
(4) conditions that assure compliance with all other provisions of this Section.
b. The Permittee shall notify the Division in writing at least 10 days in advance of each change of location.
Permit 10643GOI
Page 8
SECTION 3 - GENERAL CONDITIONS (version 5.3, 08/21/2018)
This section describes terms and conditions applicable to this Title V facility.
A. General Provisions[NCGS 143-215 and 15ANCAC 02Q.0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC
02D and 02Q.
2. The terms,conditions,requirements,limitations,and restrictions set forth in this permit are binding and enforceable
pursuant to NCGS 143-215.114A and 143-215.114B,including assessment of civil and/or criminal penalties.Any
unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement
action by the DAQ.
3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the
facility which are not addressed in this permit.
4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare,animal or plant
life,or property caused by the construction or operation of this permitted facility,or from penalties therefore,nor does
it allow the Permittee to cause pollution in contravention of state laws or rules,unless specifically authorized by an
order from the North Carolina Environmental Management Commission.
5. Except as identified as state-only requirements in this permit,all terms and conditions contained herein shall be
enforceable by the DAQ,the EPA,and citizens of the United States as defined in the Federal Clean Air Act.
6. Any stationary source of air pollution shall not be operated,maintained,or modified without the appropriate and valid
permits issued by the DAQ,unless the source is exempted by rule. The DAQ may issue a permit only after it receives
reasonable assurance that the installation will not cause air pollution in violation of any of the applicable requirements.
A permitted installation may only be operated,maintained,constructed,expanded,or modified in a manner that is
consistent with the terms of this permit.
B. Permit Availability[15A NCAC 02Q.0507(k)and.0508(i)(9)(B)]
The Permittee shall have available at the facility a copy of this permit and shall retain for the duration of the permit term one
complete copy of the application and any information submitted in support of the application package. The permit and
application shall be made available to an authorized representative of Department of Environmental Quality upon request.
C. Severability Clause[15A NCAC 02Q.0508(i)(2)]
In the event of an administrative challenge to a final and binding permit in which a condition is held to be invalid,the
provisions in this permit are severable so that all requirements contained in the permit,except those held to be invalid,shall
remain valid and must be complied with.
D. Submissions[15A NCAC 02Q.0507(e)and 02Q.0508(i)(16)]
Except as otherwise specified herein,two copies of all documents,reports,test data,monitoring data,notifications,request
for renewal,and any other information required by this permit shall be submitted to the appropriate Regional Office. Refer
to the Regional Office address on the cover page of this permit. For continuous emissions monitoring systems(CEMS)
reports,continuous opacity monitoring systems(COMS)reports,quality assurance(QA)/quality control(QC)reports,acid
rain CEM certification reports,and NOx budget CEM certification reports,one copy shall be sent to the appropriate
Regional Office and one copy shall be sent to:
Supervisor,Stationary Source Compliance
North Carolina Division of Air Quality
1641 Mail Service Center
Raleigh,NC 27699-1641
All submittals shall include the facility name and Facility ID number(refer to the cover page of this permit).
E. Duty to Comply[15A NCAC 02Q.0508(i)(3)]
The Permittee shall comply with all terms,conditions,requirements,limitations and restrictions set forth in this permit.
Noncompliance with any permit condition except conditions identified as state-only requirements constitutes a violation of
the Federal Clean Air Act. Noncompliance with any permit condition is grounds for enforcement action,for permit
termination,revocation and reissuance,or modification,or for denial of a permit renewal application.
Permit 10643G0I
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F. Circumvention-STATE ENFORCEABLE ONLY
The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air
pollution. Unless otherwise specified by this permit,no emission source may be operated without the concurrent operation
of its associated air pollution control device(s)and appurtenances.
G. Permit Modifications
1. Administrative Permit Amendments[15A NCAC 02Q.0514]
The Permittee shall submit an application for an administrative permit amendment in accordance with 15A NCAC 02Q
.0514.
2. Transfer in Ownership or Operation and Application Submittal Content[15A NCAC 02Q.0524 and 02Q.0505]
The Permittee shall submit an application for an ownership change in accordance with 15A NCAC 02Q.0524 and 02Q
.0505.
3. Minor Permit Modifications[15A NCAC 02Q.0515]
The Permittee shall submit an application for a minor permit modification in accordance with 15A NCAC 02Q.0515.
4. Significant Permit Modifications[15A NCAC 02Q.0516]
The Permittee shall submit an application for a significant permit modification in accordance with 15A NCAC 02Q
.0516.
5. Reopening for Cause[15A NCAC 02Q.0517]
The Permittee shall submit an application for reopening for cause in accordance with 15A NCAC 02Q.0517.
H. Changes Not Requiring Permit Modifications
1. Reporting Requirements
Any of the following that would result in new or increased emissions from the emission source(s) listed in Section 1
must be reported to the Regional Supervisor,DAQ:
a. changes in the information submitted in the application;
b. changes that modify equipment or processes;or
c. changes in the quantity or quality of materials processed.
If appropriate,modifications to the permit may then be made by the DAQ to reflect any necessary changes in the
permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission
limitations specified herein.
2. Section 502(b)(10)Changes[15A NCAC 02Q.0523(a)]
a. "Section 502(b)(10)changes"means changes that contravene an express permit term or condition. Such changes
do not include changes that would violate applicable requirements or contravene federally enforceable permit
terms and conditions that are monitoring(including test methods),recordkeeping,reporting,or compliance
certification requirements.
b. The Permittee may make Section 502(b)(10)changes without having the permit revised i£
i. the changes are not a modification under Title I of the Federal Clean Air Act;
ii. the changes do not cause the allowable emissions under the permit to be exceeded;
iii. the Permittee notifies the Director and EPA with written notification at least seven days before the change is
made;and
iv. the Permittee shall attach the notice to the relevant permit.
c. The written notification shall include:
i. a description of the change;
ii. the date on which the change will occur;
iii. any change in emissions;and
iv. any permit term or condition that is no longer applicable as a result of the change.
d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised or renewed,
whichever comes first.
3. Off Permit Changes[15A NCAC 02Q.0523(b)]
The Permittee may make changes in the operation or emissions without revising the permit if:
a. the change affects only insignificant activities and the activities remain insignificant after the change;or
b. the change is not covered under any applicable requirement.
4. Emissions Trading[15A NCAC 02Q.0523(c)]
To the extent that emissions trading is allowed under 15A NCAC 02D,including subsequently adopted maximum
achievable control technology standards,emissions trading shall be allowed without permit revision pursuant to 15A
NCAC 02Q.0523(c).
Permit 10643GOI
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I.A Renortinu Requirements for Excess Emissions and Permit Deviations[15A NCAC 02D.0535(f)and 02Q.0508(f)(2)]
"Excess Emissions"-means an emission rate that exceeds any applicable emission limitation or standard allowed by any
rule in Sections.0500,.0900,.1200,or.1400 of Subchapter 02D;or by a permit condition;or that exceeds an emission limit
established in a permit issued under 15A NCAC 02Q.0700. (Note:Definitions of excess emissions under 02D.1110 and
02D.I I I I shall apply where defined by rule)
"Deviations"-for the purposes of this condition,any action or condition not in accordance with the terms and conditions of
this permit including those attributable to upset conditions as well as excess emissions as defined above lasting less than
four hours.
Excess Emissions
1. If a source is required to report excess emissions under NSPS(15A NCAC 02D.0524),NESHAPS(15A NCAC 02D
.1110 or.1111),or the operating permit provides for periodic(e.g.,quarterly)reporting of excess emissions,reporting
shall be performed as prescribed therein.
2. If the source is not subject to NSPS(15A NCAC 02D.0524),NESHAPS(15A NCAC 02D.I 110 or.I 111),or these
rules do NOT define"excess emissions,"the Permittee shall report excess emissions in accordance with 15A NCAC
02D.0535 as follows:
a. Pursuant to 15A NCAC 02D.0535,if excess emissions last for more than four hours resulting from a malfunction,
a breakdown of process or control equipment,or any other abnormal condition,the owner or operator shall:
i. notify the Regional Supervisor or Director of any such occurrence by 9:00 a.m.Eastern Time of the Division's
next business day of becoming aware of the occurrence and provide:
• name and location of the facility;
• nature and cause of the malfunction or breakdown;
• time when the malfunction or breakdown is first observed;
• expected duration;and
• estimated rate of emissions;
ii. notify the Regional Supervisor or Director immediately when corrective measures have been accomplished;
and
iii. submit to the Regional Supervisor or Director within 15 days a written report as described in 15A NCAC 02D
.0535(f)(3).
Permit Deviations
3. Pursuant to 15A NCAC 02Q.0508(f)(2),the Permittee shall report deviations from permit requirements(terms and
conditions)as follows:
a. Notify the Regional Supervisor or Director of all other deviations from permit requirements not covered under
15A NCAC 02D.0535 quarterly. A written report to the Regional Supervisor shall include the probable cause of
such deviation and any corrective actions or preventative actions taken. The responsible official shall certify all
deviations from permit requirements.
I.B Other Requirements under 15A NCAC 02D.0535
The Permittee shall comply with all other applicable requirements contained in 15A NCAC 02D.0535,including 15A
NCAC 02D.0535(c)as follows:
1. Any excess emissions that do not occur during start-up and shut-down shall be considered a violation of the appropriate
rule unless the owner or operator of the sources demonstrates to the Director,that the excess emissions are a result of a
malfunction. The Director shall consider,along with any other pertinent information,the criteria contained in 15A
NCAC 02D.0535(c)(1)through(7).
2. 15A NCAC 02D.0535(g). Excess emissions during start-up and shut-down shall be considered a violation of the
appropriate rule if the owner or operator cannot demonstrate that excess emissions are unavoidable.
J. 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.
Permit 10643G0I
Page 11
2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based
emission limitations if the conditions specified in 3.below are met.
3. The affirmative defense of emergency shall be demonstrated through properly signed contemporaneous operating logs
or other relevant evidence that include information as follows:
a. an emergency occurred and the Permittee can identify the cause(s)of the emergency;
b. the permitted facility was at the time being properly operated;
c. during the period of the emergency the Permittee took all reasonable steps to minimize levels of emissions that
exceeded the standards or other requirements in the permit;and
d. the Permittee submitted notice of the emergency to the DAQ within two working days of the time when emission
limitations were exceeded due to the emergency. This notice must contain a description of the emergency,steps
taken to mitigate emissions,and corrective actions taken.
4. In any enforcement proceeding,the Permittee seeking to establish the occurrence of an emergency has the burden of
proof.
5. This provision is in addition to any emergency or upset provision contained in any applicable requirement specified
elsewhere herein.
K. Permit Renewal[15A NCAC 02Q.0508(e)and 02Q.0513(b)]
This 15A NCAC 02Q.0500 permit is issued for a fixed term not to exceed five years and shall expire at the end of its term.
Permit expiration terminates the facility's right to operate unless a complete 15A NCAC 02Q.0500 renewal application is
submitted at least 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) [I 5A 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.
Permit 10643G0I
Page 12
P. Compliance Certification[15A NCAC 02Q.0508(n)]
The Permittee shall submit to the DAQ and the EPA(Air and EPCRA Enforcement Branch,EPA,Region 4,61 Forsyth
Street SW,Atlanta,GA 30303)postmarked on or before March 1 a compliance certification(for the preceding calendar
year)by a responsible official with all federally-enforceable terms and conditions in the permit,including emissions
limitations,standards,or work practices. It shall be the responsibility of the current owner to submit a compliance
certification for the entire year regardless of who owned the facility during the year. The compliance certification shall
comply with additional requirements as may be specified under Sections 114(a)(3)or 504(b)of the Federal Clean Air Act.
The compliance certification shall specify:
1. the identification of each term or condition of the permit that is the basis of the certification;
2. the compliance status(with the terms and conditions of the permit for the period covered by the certification);
3. whether compliance was continuous or intermittent;and
4. the method(s)used for determining the compliance status of the source during the certification period.
Q. Certification by Responsible Official[I 5A NCAC 02Q.0520]
A responsible official shall certify the truth,accuracy,and completeness of any application form,report,or compliance
certification required by this permit. All certifications shall state that based on information and belief formed after
reasonable inquiry,the statements and information in the document are true,accurate,and complete.
R. Permit Shield for Applicable Requirements[15A NCAC 02Q.0512]
1. Compliance with the terms and conditions of this permit shall be deemed compliance with applicable requirements,
where such applicable requirements are included and specifically identified in the permit as of the date of permit
issuance.
2. A permit shield shall not alter or affect:
a. the power of the Commission,Secretary of the Department,or Governor under NCGS 143-215.3(a)(12),or EPA
under Section 303 of the Federal Clean Air Act;
b. the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective
date of the permit or at the time of permit issuance;
c. the applicable requirements under Title IV;or
d. the ability of the Director or the EPA under Section 114 of the Federal Clean Air Act to obtain information to
determine compliance of the facility with its permit.
3. A permit shield does not apply to any change made at a facility that does not require a permit or permit revision made
under 15A NCAC 02Q.0523.
4. A permit shield does not extend to minor permit modifications made under 15A NCAC 02Q.0515.
S. Termination,Modification,and Revocation of the Permit[15A NCAC 02Q.0519]
The Director may terminate,modify,or revoke and reissue this permit if:
1. the information contained in the application or presented in support thereof is determined to be incorrect;
2. the conditions under which the permit or permit renewal was granted have changed;
3. violations of conditions contained in the permit have occurred;
4. the EPA requests that the permit be revoked under 40 CFR 70.7(g)or 70.8(d);or
5. the Director finds 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;
Permit 10643G01
Page 13
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.
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.
Permit 10643GOI
Page 14
DD. Prevention of Accidental Releases-Section 112(r)[15A NCAC 02Q.0508(h)]
If the Permittee is required to develop and register a Risk Management Plan with EPA pursuant to Section I I2(r)of the
Clean Air Act,then the Permittee is required to register this plan in accordance with 40 CFR Part 68.
EE. Prevention of Accidental Releases General Duty Clause-Section 112(r)(1)—FEDERALLY-ENFORCEABLE ONLY
Although a risk management plan may not be required,if the Permittee produces,processes,handles,or stores any amount
of a listed hazardous substance,the Permittee has a general duty to take such steps as are necessary to prevent the accidental
release of such substance and to minimize the consequences of any release.
FF. Title IV Allowances[15ANCAC 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[I5ANCAC 02Q.0508(i)(16)]
Emission compliance testing shall be by the procedures of Section.2600,except as may be otherwise required in Rules
.0524, .0912,.1110, .1111,or.1415 of Subchapter 02D.If emissions testing is required by this permit or the DAQ or if the
Permittee submits emissions testing to the DAQ to demonstrate compliance,the Permittee shall perform such testing in
accordance with 15A NCAC 02D.2600 and follow the procedures outlined below:
1. The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Director
prior to air pollution testing.Testing protocols are not required to be pre-approved by the Director prior to air
pollution testing.The Director shall review air emission testing protocols for pre-approval prior to testing if
requested by the owner or operator at least 45 days before conducting the test.
2. Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall
notify the Director at least 15 days before beginning the test so that the Director may at his option observe the test.
3. The owner or operator of the source shall arrange for controlling and measuring the production rates during the
period of air testing.The owner or operator of the source shall ensure that the equipment or process being tested is
operated at the production rate that best fulfills the purpose of the test.The individual conducting the emission test
shall describe the procedures used to obtain accurate process data and include in the test report the average
production rates determined during each testing period.
4. Two copies of the final air emission test report shall be submitted to the Director not later than 30 days after sample
collection unless otherwise specified in the specific conditions. The owner or operator may request an extension to
submit the final test report.The Director shall approve an extension request if he finds that the extension request is a
result of actions beyond the control of the owner or operator.
a. The Director shall make the final determination regarding any testing procedure deviation and the validity of the
compliance test.The Director may:
i. Allow deviations from a method specified under a rule in this Section if the owner or operator of the source
being tested demonstrates to the satisfaction of the Director that the specified method is inappropriate for
the source being tested.
Permit 10643G0I
Page 15
ii. Prescribe alternate test procedures on an individual basis when he finds that the alternative method is
necessary to secure more reliable test data.
iii. Prescribe or approve methods on an individual basis for sources or pollutants for which no test method is
specified in this Section if the methods can be demonstrated to determine compliance of permitted emission
sources or pollutants.
b. The Director may authorize the Division of Air Quality to conduct independent tests of any source subject to a
rule in this Subchapter to determine the compliance status of that source or to verify any test data submitted
relating to that source.Any test conducted by the Division of Air Quality using the appropriate testing
procedures described in Section 02D .2600 has precedence over all other tests.
KK. Reopening for Cause[I5ANCAC 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 10643G0I
Page 16
3. For modifications made pursuant to 502(b)(10),in accordance with 15A NCAC 02Q .0523(a)(1)(C),the Permittee
shall notify the Director and EPA(EPA-Air Planning Branch,61 Forsyth Street SW,Atlanta,GA 30303)in writing
at least seven days before the change is made. The written notification shall include:
a. a description of the change at the facility;
b. the date on which the change will occur;
c. any change in emissions;and
d. any permit term or condition that is no longer applicable as a result of the change.
In addition to this notification requirement,with the next significant modification or Air Quality Permit renewal,the
Permittee shall submit a page 'U"of the application forms signed by the responsible official verifying that the
application for the 502(b)(10)change/modification,is true,accurate,and complete. Further note that modifications
made pursuant to 502(b)(10)do not relieve the Permittee from satisfying preconstruction requirements.
00. Third Party Participation and EPA Review[15A NCAC 02Q.0521,.0522 and.0525(7)]
For permits modifications subject to 45-day review by the federal Environmental Protection Agency (EPA), EPA's
decision to not object to the proposed permit is considered final and binding on the EPA and absent a third party petition,
the failure to object is the end of EPA's decision-making process with respect to the revisions to the permit. The time
period available to submit a public petition pursuant to 15A NCAC 02Q .0518 begins at the end of the 45-day EPA
review period.
Permit 10643G01
Page 17
ATTACHMENT
List of Acronyms
AOS Alternative Operating Scenario
BACT Best Available Control Technology
Btu British thermal unit
CAA Clean Air Act
CAIR Clean Air Interstate Rule
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
DAQ Division of Air Quality
DEQ Department of Environmental Quality
EMC Environmental Management Commission
EPA Environmental Protection Agency
FR Federal Register
GACT Generally Available Control Technology
HAP Hazardous Air Pollutant
MACT Maximum Achievable Control Technology
NAA Non-Attainment Area
NCAC North Carolina Administrative Code
NCGS North Carolina General Statutes
NESHAP National Emission Standards for Hazardous Air Pollutants
NOx Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PM10 Particulate Matter with Nominal Aerodynamic Diameter of 10 Micrometers or Less
POS Primary Operating Scenario
PSD Prevention of Significant Deterioration
RACT Reasonably Available Control Technology
SIC Standard Industrial Classification
SIP State Implementation Plan
SO2 Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound