HomeMy WebLinkAboutAQ_F_0400050_20200714_PRMT_Permit_T09 ROY COOPER .
Governor
MICHAEL S.REGAN
Secretary
MICHAEL ABRACZINSKAS QUO4v "
Director
NORTH CAROLINA
Environmental Quality
July 14,2020
Mr.John Cook
Vice President of Asset Management
North Carolina Electric Membership Corporation-Anson Plant
3400 Sumner Boulevard
Raleigh,North Carolina 27616
SUBJECT: Air Quality Permit No. 09492T09
Facility ID: 0400050
North Carolina Electric Membership Corporation-Anson Plant
Lilesville,Anson County,North Carolina
Fee Class: Title V
PSD Class: Major
Dear Mr. Cook:
In accordance with your completed Air Quality Permit Applications for renewal of a Title V and Title IV
permit, received February 21, 2020, we are forwarding herewith Air Quality Permit No. 09492T09 to the
North Carolina Electric Membership Corporation-Anson Plant located at 749 Blewett Falls Road,Lilesville,
North Carolina authorizing the construction and operation,of the emission sources and associated air pollution
control devices 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" to this cover letter. 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.
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,
conforming to NCGS (North Carolina General Statutes) 15013-23, and filed with both the Office of
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 15013-23,this Air Quality Permit shall be final and
binding 30 days after issuance.
DWQ
� North Carolina Department of Environmental Quality I Division of Air Quality
217 West]ones Street 1 1641 Mail Service Center I Raleigh,North Carolina 27699-1641
NCRH CARaLINA
oaca W
919.707.8400
Mr.John Cook
July 14,2020
Page 2
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.
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
Permitee 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.
Anson County has not triggered Increment Tracking for any pollutants. It is not expected that this renewal
application will consume or expand increments for any pollutants.
This Air Quality Permit shall be effective from July 14, 2020 until June 30, 2025, 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 Russell Braswell at 919-707-8731 or
russell.braswell&ncdenr.gov.
Sincerely yours,
8 1-,;V (for)
William D. Willets, P.E., Chief, Permitting Section
Division of Air Quality,NCDEQ
c: Kelly Fortin,EPA Region 4(with review)
Connie Horne(cover page only)
Fayetteville Regional Office
Central Files
Mr.John Cook
July 14,2020
Page 3
Table of Changes
The following table lists the changes associated with this permit action:
Page* Section* Changes Made
•Throughout Throughout Updated dates/permit numbers.
• Fixed formatting.
n/a Insignificant • Noted heat input of IES-11 is 2.0 million Btu per hour.
Activities
7 2.1 A.3
• Reformatted this condition for clarity. This does not change the
Permittee's compliance requirements.
• Added recordkeeping and reporting requirements for the hours
8 2.1 A.4 of operation of each turbine in order to demonstrate compliance
with the limit in Section 2.1 A.4.a.ii.
11 2.4 • Removed reference to 02D .2400 because this rule has expired
and no longer includes any text.
12 3. Updated General Conditions to v5.3.
* This refers to the current permit unless otherwise stated.
Mr.John Cook
July 14,2020
Page 4
Insignificant Activities per 15A NCAC 02Q .0503(8)
ID Nos. Emission Source Description
IES-11 One natural gas-fired heater(2.0 million Btu per hour maximum heat input)
IES-12 One 500,000 gallon No. 2 fuel oil storage tank
IES-13 One 500,000 gallon No. 2 fuel oil storage tank
I. Because an activity is insignificant does not mean that the activity is exempted from an applicable
requirement or that the owner or operator of the source 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
.I 100"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:
hllp:Hdeg.nc.gov/about/divisions/air-quality/�qualily_permits/specific-permit-conditions-re ugulatoiy-"ide.
State of North Carolina
ie D�i E Department of Environmental Quality
NORTH CAROLINA
Department of Environmental Quality Division of Air Quality
QW ;
AIR QUALITY PERMIT
Permit No. Replaces Permit No. Issue/Effective Date Expiration Date
09492T09 09492T08 July 14, 2020 June 30, 2025
Until such time as this permit expires or is modified or revoked, the below named Permittee is permitted to
construct and operate the emission sources and associated air pollution control devices specified herein, in
accordance with the terms, conditions, and limitations within this permit. This permit is issued under the
provisions of Article 2 1 B 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
sources 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: North Carolina Electric Membership Corporation-
Anson Plant
Facility ID: 0400050
Facility Site Location: 749 Blewett Falls Road
City, County, State,Zip: Lilesville,Anson County,North Carolina 28091
Mailing Address: 3400 Sumner Boulevard
City, State,Zip: Raleigh,North Carolina 27616
Application Numbers: 0400050.20A& B
Complete Application Date: February 21,2020
Primary SIC Code: 4911
Division of Air Quality, Fayetteville Regional Office
Regional Office Address: 225 Green St, Suite 714
Fayetteville,North Carolina 28301
Permit issued this the 14'day of July,2020.
&8 (for)
William D.Willets,P.E.,Chief,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
2.2 - Acid Rain Permit Requirements
2.3 - Cross State Air Pollution Rules Permit Requirements
2.4 - Permit Shield for Non-applicable Requirements
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENTS
Attachment 1: List of Acronyms
Attachment 2: Acid Rain Permit Application signed February 18,2020 (five pages)
Air Quality Permit 09492T09
Page 3
SECTION I - PERMITTED EMISSION SOURCES AND ASSOCIATED AIR
POLLUTION CONTROLS AND APPURTENANCES
The following table contains a summary of all permit emission sources and associated air pollution control
devices and appurtenances:
Page Control Device Control Device
No(s). Emission Source ID No. Emissions Source Description ID No. I Description
ES-lA and ES-1B, Twelve Pratt&Whitney FT8 Swift-Pac CD-lA, CD-lB Water injection
ES-2A and ES-2B, simple-cycle gas turbines(300 million Btu CD-2A, CD-2B system(one
ES-3A and ES-3B, per hour nominal heat input capacity when CD-3A, CD-3B system per
ES-4A and ES-4B, firing natural gas, and 281 million Btu per CD-4A, CD-4B turbine)
All ES-5A and ES-5B, hour nominal heat input capacity when CD-5A, CD-5B
ES-6A and ES-6B firing No. 2 fuel oil(<0.002% sulfur by CD-6A, CD-6B
weight), each)and one generator per pair
(NSPS,KKKK; of turbines
PSD)
Air Quality Permit 09492T09
Page 4
SECTION 2 - SPECIFIC LIMITATIONS AND CONDITIONS
2.1 - Emission Sources and Control Devices 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. Twelve natural gas/No.2 fuel oil-fired simple-cycle gas turbines(ID Nos.ES-lA and 1B through 6A and
6B)each equipped with a water injection system(ID No.CD-lA and 1B through CD-6A and 6B)
The following table provides a summary of limits and standards for the emissions sources described above:
Regulated Limits/Standards Applicable Regulations
Pollutant
Visible emissions 20 percent opacity 15A NCAC 02D .0521
Sulfur dioxide . Any fuel: Not to exceed total sulfur content of 0.05 15A NCAC 02D .0524
weight%(500 ppmw); OR (40 CFR Part 60, Subpart KKKK)
• Any fuel: Not to exceed total sulfur dioxide
emissions of 0.06 lb/MMBtu heat input; OR
• Exit gases:Not to discharge sulfur dioxide
emissions in excess of 0.90 pounds per megawatt-
hour gross output
Phase II Acid Rain permit requirements 15A NCAC 02Q .0402
See Section 2.2 40 CFR Part 72
Cross State Air Pollution Rule Requirements 40 CFR Part 97, Subpart CCCCC
See Section 2.3
Nitrogen oxides No. 2 fuel oil: 74 ppm at 15 percent 02 15A NCAC 02D .0524
(4-hour rolling average) (40 CFR Part 60, Subpart KKKK)
Natural gas: 25 ppm at 15 percent 02
(4-hour rolling average)
Less than 245 tons per consecutive 12 months 15A NCAC 02Q .0317
PSD Avoidance
Phase II Acid Rain permit requirements 15A NCAC 02Q .0402
See Section 2.2 (40 CFR Part 72)
Cross State Air Pollution Rule Requirements 40 CFR Part 97, Subparts
See Section 2.3 AAAAA and BBBBB
Carbon monoxide • Hours of operation(hours represent non 15A NCAC 02D .0530
startup/shutdown periods):
o Limit of 1,230 hours per year per turbine
maximum operation when firing natural gas,and
o Limit of 710 hours per year per turbine when
firing No. 2 fuel oil(5 0.002% sulfur by
weight.)
• BACT emission limits (See Section 2.1 A.4.)
1. 15A NCAC 02D .0521: CONTROL OF VISIBLE EMISSIONS
a. Visible emissions from each of the twelve gas turbines (ID Nos.ES-IA and B through ES-6A and B)
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.
Air Quality Permit 09492T09
Page 5
Testing [15A NCAC 02Q .0508(f)]
b. If emission 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 .0521.
Monitorin2/Recordkeepin2/Reportin2 [15A NCAC 02Q .0508(f)]
c. No monitoring,recordkeeping, or reporting is required for visible emissions from the firing of natural gas
and/or No. 2 fuel oil in any turbine(ID Nos.ES-lA and B through ES-6A and B).
2. 15A NCAC 02D .0524: NEW SOURCE PERFORMANCE STANDARDS
(40 CFR Part 60, Subpart KKKK—Sulfur Dioxide [S021)
a. The Permittee shall comply with all applicable provisions,including the notification,testing,
recordkeeping, and monitoring requirements contained in 15A NCAC 02D .0524 "New Source
Performance Standards" (NSPS), as promulgated in 40 CFR Part 60, Subpart KKKK"Standards of
Performance for Stationary Combustion Turbines",including Subpart A"General Provisions".
Emission Limitations [40 CFR 60.4330(a)(1)and(2)and 60.4333]
b. i. The Permittee shall not cause to be discharged into the atmosphere from any combustion turbine any
gases which contain S02 in excess 0.90 pounds per megawatt-hour(lb/MWh)gross output, or
ii. The Permittee shall not burn in any of the combustion turbines, fuels that contain total potential sulfur
dioxide emissions in excess of 0.06 pounds per million Btu heat input(lb/MMBtu), or
c. The Permittee shall operate each combustion turbine and associated air pollution control equipment in a
manner consistent with good air pollution control practices for minimizing emissions at all times,
including during startup, shutdown, and malfunction.
Testing [15A NCAC 02Q .0508(f),40 CFR 60.4415]
d. The Permittee has completed initial performance testing required by 40 CFR 60.4415(a).'
e. The Permittee shall conduct subsequent performance tests no more than 14 calendar months from the
previous test. The test shall be conducted in one of three ways:
i. Periodically determine the sulfur content of the fuel. If the Permittee chooses this option,the
Permittee shall use the methods specified in 40 CFR 60.4415(a)(1).
ii. Measure the S02 concentration in the exhaust using one of the methods specified in 40 CFR
60.4415(a)(2).
iii. Measure the S02 and diluent gas concentrations using one of the methods specified in 40 CFR
60.4415(a)(3).
f. Emission testing shall be conducted in accordance with General Condition JJ.
If the results of emission testing are above the limit given in Section 2.1 A.2.b above,the Permittee shall
be deemed in noncompliance with 15A NCAC 02D .0524.
Monitoring [15A NCAC 02Q .0508(f),40 CFR 60.4360, .4365,and .43701
g. The Permittee shall monitor the total sulfur content of the fuel being fired in each turbine using the testing
methods listed in Section 2.1 A.2.e above. If,during the most recent performance test,the sulfur content
of the gaseous fuel was less than half of the applicable limit,the Permittee may use the methods listed in
40 CFR 60.4360 for the gaseous fuel.
h. The Permittee may elect to not monitor the total sulfur content of the fuel, as required by Section 2.1
A.Lg above if the fuel is demonstrated to not exceed the emission limit in Section 2.1 A.2.b.ii above. In
order to make this demonstration,the Permittee must use either:
i. A valid purchase contract,tariff sheet, or transportation contract for the fuel. These must specify that
the maximum total sulfur content is less than:
A. 0.05%by weight(500 ppmw)for oil, and
1 Initial testing was completed on April 3-6,2007(test reference number 2007-009ST).
Air Quality Permit 09492T09
Page 6
B. 20 grains of sulfur per 100 standard cubic feet for gas.
ii. Representative fuel sampling data which demonstrates that the sulfur content of the fuel does not
exceed the emission limit in Section 2.1 A.2.b.ii. At a minimum,the amount of fuel sampling
specified in Sections 2.3.1.4. or 2.3.2.4. of 40 CFR Part 75,Appendix D(Appendix D)is required.
i. When determining the sulfur content of the fuel,the frequency shall be as follows:
i. Fuel oil: The Permittee shall choose one of the sampling options and associated frequency described
in Sections 2.2.3,2.2.4.1,2.2.4.2, and 2.2.4.3 of Appendix D.
ii. Gaseous fuel: If the Permittee elects not to demonstrate sulfur content using the options in Sections
2.1 A.l.h.i or h.ii, above, and the gaseous fuel is supplied without intermediate bulk storage,the
sulfur content must be determined and recorded once per unit operating day.
iii. Custom schedules: Notwithstanding the requirements of Section 2.1 A.l.i.ii, above,the Permittee
may develop a custom schedule for determining the total sulfur content of the gaseous fuel. The
custom schedule must be approved by the Administrator and meet the requirements of 40 CFR
60.4370(c).
The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if the monitoring
requirements in Sections 2.1 A.2.g through i above are not completed or if they show an exceedance of
the emission limit in Section 2.1 A.2.b above.
Excess Emissions and Monitor Downtime [40 CFR 60.43851
j. If the Permittee chooses the option to monitor the sulfur content of the fuel,excess emissions and
monitoring downtime are defined as:
i. For samples of gaseous fuel and for oil samples obtained using daily sampling, flow proportional
sampling,or sampling from the unit's storage tank, an excess emission occurs each unit operating
hour included in the period beginning on the date and hour of any sample for which the sulfur content
of the fuel being fired in the combustion turbine exceeds the applicable limit and ending on the date
and hour that a subsequent sample is taken that demonstrates compliance with the sulfur limit.
ii. If the option to sample each delivery of fuel oil has been selected,the Permittee must immediately
switch to one of the other oil sampling options if the sulfur content of a delivery exceeds 0.05%by
weight(500 ppmw). The Permittee shall continue to use one of the other sampling options until all of
the oil from the delivery has been combusted, and the Permittee shall evaluate excess emissions
according to Section 2.1 A.2.j.i above.
iii. A period of monitor downtime begins when a required sample is not taken by its due date. A period
of monitor downtime also begins on the date and hour of a required sample,if invalid results are
obtained. The period of monitor downtime ends on the date and hour of the next valid sample.
Recordkeeping [15A NCAC 02Q .0508(f)]
k. The results of all monitoring activities,required by Section 2.1 A.2.g through j above, shall be maintained
in a logbook(written or electronic format)on-site and made available to an authorized representative
upon request.
1. All records shall specify which options the Permittee has chosen to demonstrate compliance with the
emission limits,testing requirements, and monitoring requirements.
The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if these records are not
maintained.
Reporting [15A NCAC 02Q .0508(f) and 40 CFR 60.4375]
m. The Permittee shall submit reports of excess emissions and monitor downtime in accordance with 40 CFR
60.7(c). Excess emissions must be reported for all periods of unit operation,including start-up,
shutdown, and malfunction. Excess emissions and monitor downtime are defined by 40 CFR 60.4385.
n. The Permittee shall submit a summary report of monitoring and recordkeeping activities required by
Sections 2.1 A.2.g through 1 above,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
Air Quality Permit 09492T09
Page 7
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 .0524: NEW SOURCE PERFORMANCE STANDARDS
(40 CFR Part 60, Subpart KKKK—Nitrogen Oxides [NOx])
a. The Permittee shall comply with all applicable provisions,including the notification,testing,
recordkeeping, and monitoring requirements contained in 15A NCAC 02D .0524 "New Source
Performance Standards", as promulgated in 40 CFR Part 60, Subpart KKKK"Standards of Performance
for Stationary Combustion Turbines", including Subpart A"General Provisions".
Emission Limitations [40 CFR 60.4325, 60.4333, and Table 1 to 40 CFR Part 60, Subpart KKKK]
b. i. The Permittee shall not cause to be discharged into the atmosphere from any combustion turbine any
gases which contain NOx emissions in excess of 25 ppm at 15 percent 02(4-hour rolling average)
when firing more than 50 percent natural gas and/or
ii. The Permittee shall not cause to be discharged into the atmosphere from any combustion turbine any
gases which contain NOx emissions in excess of 74 ppm at 15 percent 02(4-hour rolling average)
when firing more than 50 percent No. 2 fuel oil.
c. The Permittee shall operate each combustion turbine and associated air pollution control equipment in a
manner consistent with good air pollution control practices for minimizing emissions at all times,
including during startup, shutdown, and malfunction.
Testing [15A NCAC 02Q .0508(f),40 CFR 60.4400(a), and Appendix E to 40 CFR Part 75]
d. The Permittee has completed initial performance testing required by 40 CFR 60.4400(a)?
e. When the Permittee is demonstrating compliance by using the optional NOx emissions estimation
allowed by 40 CFR Part 75,Appendix E,the Permittee shall retest the NOx emission rate while
combusting each type of fuel(or fuel mixture) for which a NOx emission rate versus heat input rate
correlation curve was derived, at least once every 20 calendar quarters. Each time that a new fuel-specific
correlation curve is derived from retesting,the new curve shall be used to report NOx emission rate,
beginning with the first operating hour in which the fuel is combusted,following the completion of the
retest. The retests shall be conducted according to the procedures in 40 CFR Part 75,Appendix E,
Section 2.
f. When the Permittee is demonstrating compliance by using the continuous monitoring system allowed by
60.4335(a)or by using the continuous emission monitoring system(CEMS)allowed by 60.4335(b),the
Permittee shall conduct subsequent performance tests no more than 14 calendar months following the
previous performance test.
g. If additional emission testing is required,the testing shall be performed in accordance with General
Condition JJ.
If the Permittee does not conduct the emission testing required by Sections 2.1 A.3.d through g above, or
the results of the required emission testing are above the limit given in Section 2.1 A.3.b above,the
Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524.
Monitoring/Recordkeeping [15A NCAC 02Q .0508(f),40 CFR 60.4335,60.4340,60.4345,60.4350,and
60.4355 and Appendix E to 40 CFR Part 75]
h. The Permittee shall choose to monitor NOx emissions by:
i. Using a continuous monitoring system to monitor parameters as listed in 40 CFR 60.4335(a); or
ii. Using a continuous emission monitoring system(CEMS)per 40 CFR 60.4335(b); or
iii. Follow the requirements of 40 CFR Part 75,Appendix E "Optional NOx Emissions Estimation
Protocol for Gas-Fired Peaking Units and Oil-Fired Peaking Units" (Appendix E).3
i. When the Permittee is following the requirements of Appendix E:
2 Ibid.
3 The Permittee has historically chosen the methods in Appendix E as the compliance demonstration method.
Air Quality Permit 09492T09
Page 8
i. Each turbine using the Optional Protocol must meet the definition of"Peaking Unit" as defined in 40
CFR 72.2: "A unit that has an average capacity factor of no more than 10.0 percent during the
previous three calendar years and a capacity factor of no more than 20.0 percent in each of those
calendar years."
ii. The Permittee shall monitor and record for each hour the unit is combusting fuel:
1. The time;
2. The load on the unit;
3. Fuel flow rate;
4. Heat input rate for each fuel combusted to the nearest 0.1 MMBtu/hr; and
5. Any additional operating parameters chosen in accordance with Appendix E, Section 2.3.1.
iii. Determine and record the hourly NOx emission rate using the procedures in Appendix E, Section 2.4.
iv. In the event of missing data or an operating parameter outside the limits determined by testing,the
Permittee shall use the procedures in 40 CFR Part 75,Appendix E, Section 2.5.to determine the
hourly NOx emission rate.
v. The Permittee shall develop and record a QA plan as described in Appendix E, Section 2.3.
vi. The Permittee shall keep records of average capacity factor for each unit for the current and the
previous three years in order to demonstrate that each unit meets the definition of"Peaking Unit".
The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if the monitoring and
recordkeeping requirements in Sections 2.1 A.3.h and i above are not completed or if they show an
exceedance of the emission limit in Sections 2.1 A.3.b above.
Excess Emissions and Monitor Downtime [40 CFR 60.43801
j. When the Permittee is demonstrating compliance with the emission limits by using parameter monitoring
as allowed by 40 CFR 60.4335(a),periods of excess emissions and monitor downtime that must be
reported are defined by 40 CFR 60.4380(a).
k. When the Permittee is demonstrating compliance with the emission limits by using a NOx CEMS,periods
of excess emissions and monitor downtime that must be reported are defined by 40 CFR 60.4380(b).
1. When the Permittee is demonstrating compliance with the emission limits by using the provisions of
Appendix E,periods of excess emissions and monitor downtime that must be reported are defined by the
same conditions as for a NOx CEMS.
Reporting [15A NCAC 02Q .0508(f),40 CFR 60.4375 and 40 CFR Part 75,Appendix E]
in. The Permittee shall submit reports of excess emissions and monitor downtime in accordance with 40 CFR
60.7(c). Excess emissions must be reported for all periods of unit operation,including start-up,
shutdown,and malfunction. Excess emissions and monitor downtime are defined by 40 CFR 60.4380.
n. The Permittee shall submit a summary report of monitoring and recordkeeping activities in Sections
2.1 A.3.h through 1 above 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 02D .0530: PREVENTION OF SIGNIFICANT DETERIORATION
a. In order to comply with the best available control technology("BACT") determination pursuant to 15A
NCAC 02D .0530,the Permittee shall:
i. Control carbon monoxide("CO")emissions from the natural gas/No. 2 fuel oil-fired turbines(ID
Nos.ES-IA and 1B through ES-6A and 6B) such that total emissions of CO shall not exceed 405.5
tons per consecutive 12-month period.
ii. Limit the hours of operation of each turbine(hours represent non startup/shutdown periods)to no
more than:
A. 1,230 hours per year when firing natural gas, and
B. 710 hours per year when firing No. 2 fuel oil(<0.002% sulfur by weight)
iii. Limit the emission rate of CO to the BACT limits given in Tables 1 and 2,below
Air Quality Permit 09492T09
Page 9
Table 1: CO limits while firing natural gas
Combustion turbine Less than or equal to 100%, Less than or equal to 705%, Less than or equal to 50%
/o load but greater than 75 but greater than 50%
Ambient temperature 32 59 90 32 59 90 32 59 90
(OF)
7BACT Limits 61.12 45.48 43.82 79.74 64.5 48.05 78.85 63.34 57.72
(lb/hr)
Table 2: CO limits while firing No. 2 fuel oil (<0.002% sulfur by weight)
Combustion turbine Less than or equal to 100%, Less than or equal to 705%, Less than or equal to 50%
/o load but greater than 75 but greater than 50%
Ambient temperature 32 59 90 32 59 90 32 59 90
(OF)
BACT Limits 13.27 10.25 8.83 16.11 12.52 10.11 18.97 15.21 12.07
(lb/hr)
Testing [15A NCAC 02Q .0508(f)]
b. If additional emission testing is required,the testing shall be performed in accordance with General
Condition JP. If the results of the testing 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)]
c. Each month,the Permittee shall record the hours of operation(as defined in Section 2.1 A.4.a.ii above) of
each turbine(ID Nos.ES-1A and 1B through ES-6A and 6B). At a minimum,the record should
include the hours of operation on a monthly and rolling 12-month total basis. Records shall be
maintained in a logbook(written or electronic format)on-site and made available to an authorized
representative upon request. The Permittee shall be deemed in noncompliance with 15A NCAC 02D
.0530 if these records are not maintained.
d. The Permittee shall demonstrate compliance with the fuel sulfur oil limit in Section 2.1 A.4.a.ii.B above
using the monitoring method specified in Sections 2.1 A.2.g through i above. The Permittee shall be
deemed in noncompliance with 15A NCAC 02D .0530 if these records are not maintained.
Reporting [15A NCAC 02Q .0508(f)]
e. The Permittee shall submit a summary report of the monitoring and recordkeeping activities given in
Sections 2.1 A.4.c and d above 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.
5. 15A NCAC 02Q .0317: AVOIDANCE CONDITIONS
(Avoidance of 15A NCAC 02D .0530: PREVENTION OF SIGNIFICANT DETERIORATION)
a. To comply with this permit and to avoid applicability of 15A NCAC 02D .0530 "Prevention of
Significant Deterioration",as requested by the Permittee, combined emissions of oxides of nitrogen
(NOx) from the combustion turbines (ID Nos.ES-1A,ES-1B,ES-2A,ES-2B,ES-3A,ES-3B,ES-4A,
ES-4B,ES-5A,ES-5B,ES-6A,ES-6B) shall be less than 245 tons total per consecutive 12-month period.
4 The Permittee completed initial testing for CO emissions on July 16,2003 (test reference number 2013-220ST).
Air Quality Permit 09492T09
Page 10
Testing [15A NCAC 02Q .0508(f)]
b. The Permittee shall comply with the emission testing requirements of 40 CFR Part 60, Subpart KKKK
(See Section 2.1 A.3). If the results of any tests for NOx are above the limits given in Section 2.1 A.5.a.
above,the Permittee shall be deemed in noncompliance with 15A NCAC 02D .0530.
Monitoring [15A NCAC 02Q .0508(f)]
c. The Permittee shall monitor NOx emissions from combustion turbines (ID Nos. ES-1A,ES-1B,ES-2A,
ES-2B,ES-3A,ES-3B,ES-4A,ES-4B,ES-5A,ES-5B,ES-6A,ES-6B)as required by 40 CFR Part 60,
Subpart KKKK.
d. In addition,NOx emissions from turbine startup and shutdown shall be calculated using the
manufacturer's data and assuming a loading/unloading rate of 5 megawatts per minute.
If the Permittee does not monitor NOx emissions according to the requirements above, or if the
monitoring indicates an exceedance of the emission limit in Section 2.1 A.5.a above,the Permittee shall
be deemed in noncompliance with 15A NCAC 02D .0530.
Recordkeeping [15A NCAC 02Q .0508(f)]
e. Each startup and shutdown shall be recorded daily for each turbine.
f. The Permittee shall calculate and record the total daily NOx emissions from each turbine. Total daily
NOx emissions shall equal startups plus shutdowns plus daily running load.
g. At the end of each month,the Permittee shall calculate the combined NOx emissions from each turbine.
Then,the Permittee shall calculate the total NOx emissions for the previous 12-month period.
h. The Permittee shall keep the record of all startups, shutdowns, and emission calculations in a logbook
(written or electronic format) on-site and made available to an authorized representative upon request.
If the Permittee does not keep records according to Sections 2.1 A.5.e through h above,the Permittee
shall be deemed in noncompliance with 15A NCAC 02D .0530.
Reporting [15A NCAC 02Q .0508(f)]
i. The Permittee shall submit a summary report of monitoring and recordkeeping activities in Sections 2.1
A.5.c through h above 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. The report shall contain, at a minimum,the monthly NOx emissions for the
previous 17 months. The emissions must be calculated for each of the 12-month periods over the
previous 17 months.
Air Quality Permit 09492T09
Page 11
2.2 - Phase II Acid Rain Permit Requirements
ORIS code: 56249
Effective: July 14,2020 until June 30,2025
1. Statement of Basis
Statutory and Regulatory Authorities: In accordance with the provisions of Article 2 1 B of Chapter 143,
General Statutes of North Carolina as amended and Titles IV and V of the Clean Air Act,the Department of
Environment and Natural Resources,Division of Air Quality issues this permit pursuant to Title 15A North
Carolina Administrative Codes, Subchapter 02Q .0400 and 02Q .0500, and other applicable Laws.
2. SOz Allowance Allocations and NO,,Requirements for each affected unit
Source ID Nos. Pollutant Emission Limit
ES-lA and ES-113 SOz SOz allowances are not allocated by U.S.
through EPA for new units under 40 CFR Part 72.
ES-6A and ES-613 NOx Does not apply for combustion turbine units.
3. Phase II Permit Application(attached)
The Acid Rain Permit Application, dated February 18,2020, submitted for this facility,as approved by the
Division of Air Quality, is part of this permit. The owners and operators of these Phase 11 acid rain sources
must comply with the standard requirements and special provisions set forth in the attached application.
Federal-Enforceable Only
2.3 - Cross State Air Pollution Rules (CSAPR) Permit Requirements
For the twelve combustion turbines(ID Nos.ES-1A and 1B through 6A and 6B),the Permittee shall
comply with all applicable requirements of 40 CFR Part 97, Subpart AAAAA"TR NOx Annual Trading
Program", Subpart BBBBB "TR NOx Ozone Season Trading Program", and Subpart CCCCC "TR SOz
Group 1 Trading Program".
2.4 - Permit Shield for Non-applicable Requirements
The Permittee is shielded from the following non-applicable requirements:
1. The EPA's Clean Air Interstate Rules (CAIR)are not applicable to the combustion turbines (ID Nos.
ES-1A and 1B through 6A and 6B),pursuant to 40 CFR 52.35(f) and 52.36(e). CAIR has been
replaced by the Cross State Air Pollution Rule(CSAPR).
[15A NCAC 02Q .0512(a)(1)(B)]
Air Quality Permit 09492T09
Page 12
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 pen-nit 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 and any information submitted in support of the application package. The pen-nit 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 pen-nit condition except conditions identified as state-only requirements constitutes a violation of
the Federal Clean Air Act. Noncompliance with any pen-nit condition is grounds for enforcement action,for permit
termination,revocation and reissuance,or modification,or for denial of a pen-nit renewal application.
Air Quality Permit 09492T09
Page 13
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 Pernttee 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 Pemuttee 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).
Air Quality Permit 09492T09
Page 14
LA Reporting 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.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).
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.
Air Quality Permit 09492T09
Page 15
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 fined 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 pen-nit.
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 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
Air Quality Permit 09492T09
Page 16
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[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 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[15A 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.
Air Quality Permit 09492T09
Page 17
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)[15A 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.
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.
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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, .0912, .1110, .1111,or.1415 of Subchapter 02D. If emissions testing is required by this pen-nit 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.
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.
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KK. Reopenin2 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 pen-nit 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. Reportine Requirements for Non-Operating Equipment[15A NCAC 02Q.0508(i)(16)]
The Pemuttee shall maintain a record of operation for permitted equipment noting whenever the equipment is taken from
and placed into operation. When pemutted 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.
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"E5"of the application forms signed by the responsible official verifying that the
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Page 20
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.
Air Quality Permit 09492T09
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ATTACHMENT 1
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
SOz Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound
Air Quality Permit 09492T09
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ATTACHMENT 2
Acid Rain Permit Application
Signed February 18,2020
(five page attachment)