HomeMy WebLinkAboutAQ_F_0400052_20190226_PRMT_Permit RDY COOPER
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MICHAEL S.REGAN -
MICHAEL ABRACZINSICAS aµ ter*
Director
NORTH CAROLINA
Environmental Quality
February 26,2019
Mr.Tyler Fitzgerald
District Manager
Anson County Waste Management Facility
375 Dozer Drive
Polkton,North Carolina 28135
SUBJECT: Air Quality Permit No.09835T04
Facility ID: 0400052
Anson County Waste Management Facility
Polkton,North Carolina
Anson County
Fee Class: Title V
PSD Class:Minor
Dear Mr.Fitzgerald:
In accordance with your completed Air Quality Permit Application for a Renewal with Modification
of your Title V permit received November 15, 2017, and amended August 15, 2018, we are forwarding
herewith Air Quality Permit No.09835T04 to the Anson County Waste Management Facility,located at 375
Dozer Drive,Polk-ton,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.
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 150B-23, this Air Quality Permit shall be final and
binding 30 days after issuance.
Q
, North Carolina Department of Environmental Quality I Division of Air Quality
�Jg',:�;-QE217 West Jones Street 1 1641 Mall Service Center E Raleigh,North Carolina 2T699 1641
919.707.8400
Mr.Tyler Fitzgerald
February 26,2019
Page 2
You may request modification of your Air Quality Permit through informal means pursuant to NCGS
150E-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 Permtttee has fulfilled the requirements of NCGS 143-215.1 08A(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 e.riminaI penalties as described in NCGS 143-215.114A and 143-215.114B.
Anson County has not triggered increment tracking under PSD for any pollutants,so no tracking is
required.
This Air Quality Permit shall be effective from February 26, 2019 until January 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 Joshua Harris at
joshua.harris@ncdenr.gov or(919)707-8461.
Sincerely yours,
' VA
�(William D.Wil ets,P.E..Chief,Permitting Section
Division of Air Quality,NCDEQ
Enclosure
c: Heather Ceron,EPA Region 4(with review)
Fayetteville Regional Office
Central Files
Connie Home(cover letter only)
Mr.Tyler Fitzgerald
February 26,2019
Page 3
ATTACHMENT to Permit No. 09835T04
Insignificant Activities )er 15A NCAC 02Q .0503(8)
Emission Source ID No. L- . Emission Source Description
IES-2A Two Diesel fuel above ground storage tanks(12,000 gallon capacity each)
IES-3B Gasoline above ground storage tank(500 gallon capacity)
GACT CCCCCC
IES-4A Two leachate above ground storage tanks(250,000 gallon capacity each)
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 02❑
.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://deq.nq.gov/about/divisions/air-qualit /y air-quality-permits/specific-permit-conditions-
re lato - ide.
Mr.Tyler Fitzgerald
February 26,2019
Page 4
Summary of Changes to Permit
The followinL=than;es were made to the Anson County Waste Manag ent Facility,Air Permit No.09835T03:
Page No(s). Section Description of Changes
Global Global ■ Updated dates and permit revision numbers.
■ Reorganized permit conditions to list in order by regulatory
citation.
• Updated conditions to reflect the most up-to-date permitting
language.
Updated cross-references throughout.
Cover Letter Cover Letter Updated letterhead.
Attachment Attachment ■ Replaced IES-3A with IES-3B and made note in table regarding
the applicability of GACT CCCCCC to the tank.
• Updated website link.
3 1 . Changed regulatory citation in table from NSPS Subpart WWW
to Subpart XXX.
■ Removed table note showing the gas collection and control
system as a voluntary system.
■ Updated heat input rate of the flare to 75.9 mmBtu/hr based on a
heat value for LFG of 506 Btulsef rather than 500 Btu/scf.
3 2.1 A.(table) Updated limits/standards and applicable regulation for NMGC
emissions.
----- ----- Removed permit condition for NSPS Subpart WWW.
4-13 2.1 A.3. Added permit condition for NSPS Subpart XXX.
14 2.1 A.4. Added"State-Enforceable Only" before 15A NCAC 02D.1806
condition.
14 2.1 A.5.a. Updated limits for Toxic Air Pollutants in 15A NCAC 02D .1100
condition to reflect most recent modelinig.
15 2.1 A.6_d, ■ Removed dichlorodifluoromethane as a pollutant in the 15A
NCAC 02Q .0711 Table since it has been removed from the
regulation at the recommendation of the NC Science Advisory
Hoard
• Added rows for chlorobenzene and thchloroethylene which were
previously omitted.
16-25 3 Updated General Conditions to latest version(Version 5.3)
State of North Carolina
Department of Environmental Quality
D7 E
NORTH CARD �
oe"��� ��"�1Onl� Division of Air Quality
AIR QUALITY PERMIT
Permit No. Replaces Permit No. Effective Date Expiration Date
09835T04 09835TO3 February 26, 2019 January 31,2024
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: Anson County Waste Management Facility
Facility ID: 0400052
Facility Site Location: 375 Dozer Drive
City,County,State,Zip: Polkton,Anson County,North Carolina,28135
Mailing Address: 375 Dozer Drive
City,State,Zip: Polkton,North Carolina,28135
Application Number: 0400052.17A
Complete Application Date: November 15,2017,Amended August 15,2018
Primary SIC Code: 4953
Division of Air Quality, Fayetteville Regional Office
Regional Office Address: 225 Green Street,Suite 714
Fayetteville,North Carolina,28301
Permit issued this the 26'h day of February,2019
William D.Ville ,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 09835T04
Page 3
SECTION 1- PERMITTED EMISSION SOURCE (S) AND ASSOCIATED AIR
POLLUTION CONTROL DEVICE (S) AND APPURTENANCES
The following table contains a summary of alI itted emission sources and associated air poBution control devices and a p purtenanees:
Page Nos. Emission Source Emission Source Control Device Control Device Description
ID No. Description ID No.
3-15 ES-1 One municipal solid waste GCCS-1 Gas collection and control system
NSPS XXX landfill
CD-1 Candle stick type flare(2,500 scfrn,
75.9 million Btu per hour heat input
at 506 Btu per cubic foot heat rate
of landfill gas)
SECTION 2 - SPECIFIC LINIITATIONS AND CONDITIONS
2.1 Emission Source(s) and Control Device(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. One municipal solid waste landfill (ID No.ES-1)with associated gas collection and control system
(ID No. GCCS-1)including one candlestick type flare (2,500 scfm,75.9 million Btu per hour heat
input at 506 Btu per cubic foot heat rate of landfill gas,ID No.CD-1)
The followin-table provides a summary of limits and standards for the emission sources)described above:
Regidated Pollutant Limits/Standards Applicable Regula lion
Sulfur Dioxide 2.3 pounds per million Btu heat input 15A NCAC 02D.0516
Visible Emissions 20 percent opacity 15A NCAC 02D.0521
Non Methane Route landfill gas to a flare designed in accordance with 40 CFR Part 15A NCAC 02D.0524
Organic Compounds 60,§60.18,or 40 CFR 60,Subpart XXX
(NMOC)
Route landfill gas to a control system that reduces NMOC by 98
percent,or
Route the collected landfill gas to a treatment system,or
Route landfill gas to a closed combustion device that reduces the
outlet NMOC concentration to less than 20 parts per million by
volume,dry basis as hexane at 3 percent oxygen
Odorous Emissions Apply suitable odor control measures 15A NCAC 02D.1806
State-enforceable only
Toxic Air Pollutants Modeled limits and.TPERs(toxic air pollutants requiring a permit) 15A NCAC 02Q.0711
State-enforceable only 15A NCAC 02D.1100
Permit 0983ST04
Page 4
1. 15A NCAC 02D.0516:SULFUR DIOXIDE EMISSIONS FROM COMBUSTION SOURCES
a. Emissions of sulfur dioxide from the flare¢D No.CD-1)shall not exceed 2.3 pounds per million Btu heat input.
Sulfur dioxide formed by the combustion of sulfur in fuels,wastes,ores,and other substances shall be included
when determining compliance with this standard.
Testing[15A NCAC 2Q.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 213.0516.
M_onitorin2/Recordkeepin2_IReportinp-[15A NCAC 2Q.0508(f)]
c. No monitoring,recordkeeping,or reporting is required for sulfur dioxide emissions from the firing of landfill gas in
the flare(ID No.CD-I).
2. 15A NCAC 02D.0521:CONTROL OF VISIBLE EMIaSSIONS
a. Visible emissions from the flare(ID No.CD-1)shall not be more than 20 percent opacity each 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 tunes in any 24-hour period. In no event shall the six-minute average exceed 87 percent
opacity.
Te_ sting[15A NCAC 2Q.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.2.a.above,the Permittee shall be deemed in noncompliance
with 15A NCAC 2D.0521.
MonitorFnly.ReportinelRecordkeepinu [15A NCAC 2Q.0508(f)]
c. No monitoring,recordkeeping,or reporting is required for visible emissions from the firing of landfill gas in the
flare(ID No.CD-1).
3. 15A NCAC 02D.0524:NEW SOURCE PERFORMANCE STANDARDS
(40 CFR 60,Subpart XXX—Munieipal Solid Waste Landfills)
a. The Permittee shall comply with all applicable provisions,including the notification,testing,recordkeeping,and
monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 02D.0524
"New Source Performance Standards(NSPS)"as promulgated in 40 CFR Part 60 Subpart XXX,including Subpart
A"General Provisions." Compliance with the NSPS Subpart XXX regulations referenced in Section 2.1.A.3.of this
permit will be required when applicable, [15A NCAC 02D.0524]
Standards for Air Emissions from Municipal Solid Waste Landfills[40 CFR 60.762]
b. If the calculated NMOC emission rate is equal to or greater than 34 megagrams per year,the Permittee shall:
i. Submit a collection and control system design plan prepared by a professional engineer who is registered in the
State of North Carolina within one year.
(A) The collection and control system as described in the plan shall meet the design requirements of b.ii.(B)of
this section.
(B) The collection and control system design plan shall include any alternatives to the operational standards,
test methods,procedures,compliance measures,monitoring,recordkeeping or reporting provisions of
§§60.763 through 60.768 proposed by the Permittee.
(C) The collection and control system design plan shall either conform with specifications for active collection
systems in§60.769 or include a demonstration to the DAQ's satisfaction of the sufficiency of the
alternative provisions to§60.769.
Permit 09835T04
Page 5
ii. Install a collection and control system that captures the gas generated within the landfill as required by
paragraphs(b)(2)(ii)(C)or(D)and(b)(2)(iii)of§60.762 within 30 months after the first report in which the
NMOC emission rate equals or exceeds 34 megagrams per year,unless Tier 2 or Tier 3 sampling demonstrates
that the emission rate is less than 34 megagrams per year,as specified in§§60.767(c)(4)or the most recent
NMOC emission rate report in which the NMOC emission rate equals or exceeds 34 megagrams per year based
on Tier 2,if the Tier 4 surface emissions monitoring shows a surface methane emission concentration of 500
parts per million methane or greater as specified in§%767(c)(4)(iii).
(A) An active collection system shall:
(a) be designed to handle the maximum expected gas Flow rate from the entire area of the landfill that
warrants control over the intended use period of the gas control or treatment system equipment;
(b) collect gas from each area,cell,or group of cells in the landfill in which the initial solid waste has been
placed for a period of
(i) 5 years or more if active;or
(ii) 2 years or more if closed or at final grade.
(c) collect gas at a sufficient extraction rate;and
(d) be designed to minimize off-site migration of subsurface gas.
(B) A passive collection system shall:
(1) comply with the provisions specified in paragraphs(A)(1),(2)and(4)above;and
(2) be installed with liners on the bottom and all sides in all areas in which gas is to be collected. The
liners shall be installed as required under§258.40.
iii. Route all the collected gas to a control system that complies with the requirements in either paragraph(A),(B)
or(C)below.
(A) An open flare designed and operated in accordance with§60.18 except as noted in§60.764(e);
(B) A control system designed and operated to reduce NMOC by 98 weight percent or reduce the outlet NMOC
concentration to less than 20 parts per million by volume,dry basis as hexane at 3 percent oxygen. The
reduction efficiency or parts per million by volume shall be established by an initial performance test to be
completed no later than 180 days after the initial startup of the approved control system using the test
method specified in§60.764(d).
(1) If a boiler or process heater is used as the control device,the landfill gas stream shall be introduced
into the flame zone.
(2) The control device shall be operated within the parameter ranges established during the initial or most
recent performance test.The operating parameters to be monitored are specified in§60.766;
(C) Route the collected gas to a treatment system that processes the collected gas for subsequent sale or use.
All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements
of paragraphs(A)and(B)above.
iv. Operate the collection and control device installed to comply with this subpart in accordance with the provisions
of§§60.763,60.765 and 60.766.
Operational Standards for Collection and Control SN stems[40 CFR 60.7631
c. The Permittee shall operate the collection and control system in accordance with the following standards:
i Operate the collection system such that gas is collected from each area,cell,or group of cells in the MSW
landfill in which solid waste has been in place for 5 years or more if active,or 2 years or more if closed or at
final grade.
ii. Operate the collection system with negative pressure at each wellhead except under the following conditions:
(A) A fire or increased well temperature.The Permittec shall record instances when positive pressure occurs in
efforts to avoid a fire. These records shall be submitted with the annual reports as provided in A.3.x.i of this
section;
(B) Use of a geomembrane or synthetic cover.The Permittee shall develop acceptable pressure limits in the
design plan;
(C) A decommissioned well.A well may experience a static positive pressure after shutdown to accommodate
for declining flows.All design changes shall be approved by DAQ.
iii. Operate each interior wellhead in the collection system with a landfill gas temperature less than 55'C. The
Permittee may establish a higher operating temperature value at a particular well via a demonstration submitted
to the DAQ Regional Office for approval. A higher operating value demonstration shall include supporting data
showing that the elevated parameter does not cause fires or significantly inhibit anaerobic decomposition by
killing methanogens.
Permit 09835T04
Page 6
iv. Operate the collection system so that the methane concentration is less than 500 parts per million above
background at the surface of the landfill using an organic vapor analyzer,flame ionization detector or other
portable monitor meeting the specifications of A.3.g.To determine if this level is exceeded,the facility shall
conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill
at 30-meter intervals and where visual observations indicate elevated concentrations of landfill gas,such as
distressed vegetation and cracks or seeps in the cover and all cover penetrations.The owner or operator may
establish an alternative traversing pattern that ensures equivalent coverage.A surface monitoring design plan
shall be developed that includes a topographical map with the monitoring mute and the rationale for any site-
specific deviations from the 30-meter intervals.Areas with steep slopes or other dangerous areas may be
excluded from the surface testing.
v. Operate the system such that all collected gases are vented to a control system designed and operated in
compliance with A.3.b of this section.In the event the collection or control system is inoperable,the gas mover
system shall be shut down and all valves in the collection and control system contributing to venting of the gas
to the atmosphere shall be closed within 1 hour;and
vi. Operate the control or treatment system at all times when the collected gas is routed to the system.
vii. If monitoring demonstrates that the operational requirements in paragraphs ii,iii or iv above are not met,
corrective action shall be taken as specified in A..3.d.iii and A.3.d.iv or A.3.f of this section. If corrective
actions are taken as specified in the compliance provisions specified in A3.d through h,the monitored
exceedance is not a violation of the operational requirements in this section.
Compliance Provisions[40 CFR 60.7651
d. Unless the facility's collection and control system design include any alternatives to the monitoring provisions
approved by the DAQ as provided in§60.767(c)(2),the following methods shall be used to determine whether the
gas collection system is in compliance with A.3.b. of this section.
i. For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine
compliance with A3.b.ii of this section,the following equation shall be used.The k and La kinetic factors
should be those published in the most recent Compilation of Air Pollutant Emission Factors(AP-42)or other
site-specific values demonstrated to be appropriate and approved by the DAQ. if k has been determined by Tier
3 testing as specified in§60.764(a)(4),the value of k determined from the test shall be used.A value of no more
than 15 years shall be used for the intended use period of the gas mover equipment.The active life of the
landfill is the age of the landfill plus the estimated number of years until closure.
(A) For sites witb known year-to year solid waste acceptance rate;
ft
Q. 2k L.ffi(v ";)
where, QM =maximum expected gas generation flow rate,cubic meters per year
k =methane generation rate constant,year'
4 =methane generation potential,cubic meters per megagram solid waste
Mi =mass of solid waste in the i'b section,megagrams
t; =age of the P'section,years
(B) The Permittee may use actual flow data to project the maximum expected gas generation flow rate instead
of,or in conjunction with the above equation.If the landfill is still accepting waste,the actual measured
flow data will not equal the maximum expected gas generation rate,so calculations using the equation
above or other methods shall be used to predict the maximum expected gas generation rate over the
intended period of use of the gas control system equipment.
ii. For the purposes of determining sufficient density of gas collectors for compliance with A.3.b.ii of this section,
the Permittee shall design a system of vertical wells,horizontal collectors,or other collection devices,
satisfactory to the DAQ,capable of controlling and extracting gas from all portions of the landfill sufficient to
meet all operational and performance standards.
iii. For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine
compliance with A.3.b.ii.(A)(3),the Permittee shall measure gauge pressure in the gas collection header at each
individual well,monthly.If a positive pressure exists,action shall be initiated to correct the exceedance within 5
calendar days,except for the three conditions allowed under A.3.c.ii of this section, Any attempted corrective
action shall not cause exceedances of other operational or performance standards.
Permit 09835T04
Page 7
(A) If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first
measurement of positive pressure,the Permittee shall conduct a root cause analysis and correct the
exceedance as soon as practicable,but no later than 60 days after positive pressure was first measured.
(B) If corrective actions cannot be fully implemented within 60 days,the Permittee shall conduct a corrective
action plan analysis,and develop an implementation schedule to complete the corrective actions as soon as
practicable,but no more than 120 days following the positive pressure measurement.
(C) If corrective action is expected to take longer than 120 days to complete after the initial exceedance, the
Permittee shall submit the root cause analysis,corrective action analysis,and corresponding
implementation timeline to the DAQ according to A.3.cc.
iv. For the purpose of identifying whether excess air infiltration into the landfill is occurring,the Permittee shall
monitor each well monthly for temperature as provided in A.3.c.iii of this section.If a well exceeds the
operating parameter for temperature,action shall be initiated to correct the exceedance within 5 calendar days.
Any attempted corrective action shall not cause exceedances of other operational or performance standards.
(A) If correction of the temperature exceedance cannot be achieved within 15 calendar days of the first
measurement,the Permittee shall conduct a root cause analysis and correct the exceedance as soon as
practicable,but no later than 60 days after the temperature exceedance was first measured.
(B) if corrective actions cannot be fully implemented within 60 days,the Permittee shall conduct a corrective
action plan analysis,and develop an implementation schedule to complete the corrective actions as soon as
practicable,but no more than 120 days following the measurement of the temperature exceedance.
(C) If corrective action is expected to take longer than 120 days to complete after the initial exceedance,the
Permittee shall submit the root cause analysis,corrective action analysis,and corresponding
implementation timeline to the DAQ according to A.3.cc.
v. The Permittee may establish a higher operating temperature value at a particular well provided that the elevated
parameter does not cause fires or significantly inhibit anaerobic decomposition by killing med=ogens as
described in A3.c.iii of this section.An alternative operating value,a parameter,and the well ID(s)along with
supporting data shall be submitted to the DAQ Regional Office for approval.
Ni. The Permittee seeking to demonstrate compliance with A.3.b.ii.(A)(4)of this section through the use of a
collection system not conforming to the specification provided in§60.769 shall provide information satisfactory
to the DAQ as specified in§60.767(c)(3)demonstrating that off-site migration is being controlled.
e. For purposes of compliance with A.3.c.i of this section,the Permittee shall place each well or design component as
specified in the approved design plan as provided in§60.767(c).Each well shall be installed no later than 60 days
after the date on which the initial solid waste has been in place for a period of:
i. 5 years or more if active;or
ii. 2 years or more if closed or at final grade.
f. The following procedures shall be used for compliance the surface methanc operational standard as provided in
A.3.c.iv of this section.
i. The Permittee shall monitor surface concentrations of methane along the entire perimeter of the collection area
and along a pattern that traverses the landfill at 30-meter intervals(or a site-specific established spacing)for
each collection area on a quarterly basis using an organic vapor analyzer,flame ionization detector,or other
portable monitor meeting the speei_fications provided in A.3.g of this section.
ii. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the
boundary of the landfill at a distance of at least 30 meters from the perimeter wells.
iii. Surface emission monitoring shall be performed in accordance with section 8.3.1 of Method 21 of appendix A
of this part,except that the probe inlet shall be placed within 5 to 10 centimeters of the ground.Monitoring shall
be performed during typical meteorological conditions.
iv. Any reading of 500 parts per million or more above background at any location shall be recorded as a
monitored exceedance and the actions specified in the following paragraphs,(A) through(E),shall he taken.As
long as the specified actions are taken,the exceedance is not a violation of the operational requirements of
A.3.c.iv.
(A) The location of each monitored exceedance shall be marked,and the location recorded.
(B) Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the
vicinity of each exceedance shall be made and the location shall be re-monitored within 10 calendar days of
detecting the exceedance.
Permit 09835T04
Page 8
(C) If the re-monitoring of the location shows a second exceedance,additional corrective action shall be taken,
and the location shall be monitored again within 10 days of the second exceedance.If the re-monitoring
shows a third exceedance for the same location,the action specified in paragraph(E)below shall be taken,
and no further monitoring of that location is required until the action specified in paragraph(E)below has
been taken.
(D) Any location that initially showed an exceedance but has a methane concentration less than 500 ppm
methane above background at the 10-day re-monitoring specified in paragraph(B)or(C)above shall be re-
monitored 1 month from the initial exceedance.If the 1-month re-monitoring shows a concentration less
than 500 parts per mullion above background,no further monitoring of that location is required until the
next quarlerly monitoring period.If the 1-month re-monitoring shows an exceedance,the actions specified
in paragraph(C)or(E)of this section shall be taken.
(E) For any location where monitored methane concentration equals or exceeds 500 parts per million above
background three times within a quarterly period,a new well or other collection device shall be installed
within 120 calendar days of the initial exceedance.An alternative remedy to the exceedance,such as
upgrading the blower,header pipes or control device,and a corresponding timeline for installation shall be
submitted to the DAQ for approval,
v. The Permittee shall implement a program to monitor for cover integrity and implement cover repairs as
necessary on a monthly basis.
g. The Permittee shall comply with the following instrumentation specifications and procedures for surface emission
monitoring devices:
i. The portable analyzer shall meet the instrument specifications provided in section 6 of Method 21 of appendix
A of this part,except that"methane"shall replace all references to VOC.
ii. The calibration gas shall be methane,diluted to a nominal concentration of 500 parts per million in air.
iii. To meet the performance evaluation requirements in section 8.1 of Method 21 of appendix A of this part,the
instrument evaluation procedures of section 8.1 of Method 21 of appendix A of this part shall be used.
iv. The calibration procedures provided in sections 8 and 10 of Method 21 of appendix A of this part shall be
followed immediately before commencing a.surface monitoring survey.
h. The provisions of this subpart apply at all times,except during periods of start-up,shutdown,or malfunction.During
periods of startup,shutdown,and malfunction,the Permittee shall comply with the work practice specified in
A.3.c.v in lieu of the compliance provisions in A.3.d through g of this section.
Test Methods and Procedures [40 CFR 60.764]
i. When testing is required,the testing shall be performed in accordance with§60.764 and General Condition JJ
located in Section 3 of this permit, The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if
these requirements are not met.
Monitoring [l5A NCAC 02Q.0508(f),40 CFR 60.765 and 60,7661
Unless the facility's collection and control system design include any alternatives to the monitoring provisions
approved by the DAQ as provided in§60.767(c)(2),the facility must meet the monitoring requirements as described
in paragraphs j through p below. The Permittee shall be deemed in noncompliance with 15A NCAC 02D .0524 if
these monitoring requirements are not met.
j, The Permittee shall monitor the following parameters at each wellhead:
i. Measure the gauge pressure in the gas collection header on a monthly basis as provided in A.3.d.iii of this
section;
ii. Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as follows:
(A) The nitrogen level shall be determined using Method 3C,unless an alternative test method is established by
DAQ under§60.767(c)(2).
(B) Unless an alternative test method is approved by DAQ under§60.767(c)(2),the oxygen level shall be
determined by an oxygen meter using Method 3A,3C or ASTM D6522-11 (if sample location is prior to
combustion)except that:
(1) The span skull beset between 10 and 12 percent oxygen;
(2) A data recorder is not required;
(3) Only two calibration gases are required,a.zero and span;
(4) A calibration error check is not required;
(5) The allowable sample bias,zero drift,and calibration drift are t10 percent.
Permit 09835TO4
Page 9
(C) A portable gas composition analyzer may be used to monitor oxygen levels provided:
(1) The analyzer is calibrated;and
(2) The analyzer meets all quality assurance and quality control requirements for Method 3A or ASTM
D6522-11.
iii. Monitor temperature of the landfill gas on a monthly basis as provided in A.3.d.iv,using a temperature
measuring device that has been calibrated annually using the procedure in section 10.3 of Method 2 of appendix
A-1 of this part;and
iv. Monitor surface concentrations of methane along the entire perimeter of the collection area(or site-speck
established spacing)for each collection area on a quarterly basis.
k The Permittee shall install,calibrate,maintain,and operate according to the manufacture's specifications the
following equipment when using an enclosed combustor:
i. A temperature monitoring device equipped with a continuous recorder having a minimum accuracy of f 1
percent of the temperature being measured in degrees Celsius or t 5°C,whichever is greater.
(A) A temperature monitoring device is not required for boilers or process heaters with design heat input
capacity equal to or greater than 44 megawatts.
ii A device that records flow to and bypass of the control device. The Permittee shall:
(A) Install,calibrate,and maintain a gas flow rate measuring device that shall retard the flow to the control
device at least every 15 minutes;and
(B) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A
visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure
that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass
line.
1. The Permittee shall install,calibrate,maintain,and operate according to the manufacture's specifications the
following equipment when using an open flare:
i. A heat sensing device,such as an ultraviolet beam sensor or thermocouple,at the pilot light or the flame itself to
indicate the continuous presence of a flame.
ii A device that records flow to and bypass of the flare. The Permittee shall:
(A) Install,calibrate,and maintain a gas flow rate measuring device that shall record the flow to the control
device at least every 15 minutes;and
(B) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A
visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure
that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass
line.
m. The Permittee shall maintain and operate all monitoring systems associated with the treatment system according to
the site-specific monitoring plan required in A.3.niii.(B)of this section,and shall install,calibrate,maintain,and
operate according to the manufacture's specifications the following equipment when using a landfill gas treatment
system:
i A device that records flow to or bypass of the treatment system. The Permittec shall:
(A) Install,calibrate,and maintain a gas flow rate measuring device that shall record the flow to the control
device at least every 15 minutes;and
(B) Secure the bypass line valve in the closed position with a car-seal or a lack-and-key type configuration. A
visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure
that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass
line.
n. Each owner or operator seeking to install a collection system that does not meet the active collection system
specifications in 40 CFR§60.769,or seeking to monitor alternative parameters to those required by§§60.763
through 60.766,shall provide information satisfactory to DAQ as provided in§64.767(c)(2)and(3)describing the
design and operation of the collection system,the operating parameters that would indicate proper performance,and
appropriate monitoring procedures.
Permit 09835T04
Page 10
o. The Pemuttee shall monitor surface concentrations of methane according to the procedures in A.3.f and instrument
specifications and procedure provided in A.3.g of this section.Any closed landfill that has no monitored
exceedances of the operational standard in three consecutive quarterly monitoring periods may skip to annual
monitoring. Any methane reading of 500 ppm or more above background detected during the annual monitoring
returns the frequency for that landfill to quarterly monitoring.
p. The monitoring requirements of A_31 through A.3.m of this section apply at all times the affected source is
operating,except for periods of monitoring system malfunctions,repairs associated with monitoring system
malfunctions,and required monitoring system quality assurance or quality control activities.
i. A monitoring system malfunction shall be defined as any sudden,infrequent,not reasonably preventable failure
of the monitoring system to provide valid data.Monitoring system failures caused in part by poor maintenance
or careless operation are not malfunctions.
ii. The Permittee shall complete monitoring system repairs in response to monitoring system malfunctions and
return the monitoring system to operation as expeditiously as practicable.
Recordkee in,,Requirement [40 CFR 60.768]
Unless the facility's collection and control system design include any alternatives to the recordkeeping provisions
approved by the DAQ as provided in§60.767(c)(2),the facility must meet the recordkeeping requirements as
described in paragraphs q through w below. The Permittee shall be deemed in noncompliance with 15A NCAC 02D
.0524 if these recordkeeping requirements are not met.
q. The Permittee shall keep for at least 5 years up-to-date,readily accessible,on-site records of the design capacity
report which triggered the standard of 2.5 million megagrams and 2.5 million cubic meters,the current amount of
solid waste in-place,and the year-by-year waste acceptance rate.Off-site records may be maintained if they are
retrievable within 4 hours.Either paper copy or electronic formats are acceptable.
r. The Permittee shall keep up-to-date,readily accessible records for the life of the control system equipment of the
data listed below in this section as measured during the initial performance test or compliance determination.
Records of subsequent tests or monitoring shall be maintained for a minimum of 5 years.Records of the control
device vendor specifications shall be maintained until removal.
i. In order to demonstrate compliance with paragraph A.3.b through use of a gas collection and control system:
(A) The maximum expected gas generation flow rate as calculated in A.3.d.i of this section.The Permittee may
use another method to determine the maximum gas generation flow rate,if the method has been approved
by the DAQ.
(B) The density of wells,horizontal collectors,surface collectors,or other gas extraction devices determined
using the procedures specified in§60.769(a)(1).
ii. In order to demonstrate compliance with paragraph A.3.b.iii through use of an open flare,the flare type(i.e.,
steam-assisted,air-assisted,or nonassisted),all visible emission readings,heat content determination,flow rate
or bypass flow rate measurements,and exit velocity determinations made during the performance test as
specified in§60,18;continuous records of the flare pilot flame or flare flame monitoring and records of all
periods of operations during which the pilot flame of the flare flame is absent.
iii. In order to demonstrate compliance with paragraph A.3.b.iii through use of a landfill gas treatment system:
(A) Records of the flow of landfill gas to,and bypass of,the treatment system;
(13) A site-specific treatment monitoring plan,to include:
(1) Monitoring records of parameters that are identified in the treatment system monitoring plan and that
ensure the treatment system is operating properly for each intended end use of the treated landfill gas.
At a minimum,records shall include records of filtration,de-watering,and compression parameters
that ensure the treatment system is operating properly for each intended end use of the treated landfill
gas;
(2) Monitoring methods,frequencies,and operating ranges for each monitored operating parameter based
on manufacturer's recommendations or engineering analysis for each intended end use of the treated
landfill gas;
(3) Documentation of the monitoring methods and ranges,along with justification for their use;
(4) Identify person responsible(by job title)for data collection;
(5) Processes and methods used to collect the necessary data;and
Permit 09835T04
Page 11
(6) Description of the procedures and methods that are used for quality assurance,maintenance,and repair
of all continuous monitoring systems.
s. The Permittee shall keep for 5 years up-to-date,readily accessible continuous records of the equipment operating
parameters specified to be monitored in paragraphs A-3 j through A.3.p as well as up-to-date,readily accessible
records for periods of operation during which the parameter boundaries established during the most recent
performance test are exceeded.
i. The Permittee shall keep up-to-date,readily accessible continuous records of the indication of flow to the
control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key
configurations used to seal bypass lines,specified in A.31 through A.3.m of this section.
ii. The Permittee using an open flare shall keep up-to-date,readily accessible continuous records of the flame or
flare pilot flame monitoring specified in A.3.1 of this section,and up-to-date,readily accessible records of all
periods of operation in which the flame or flare pilot flame is absent.
iii. The permittee shall keep records of periods when the collection system or control device is not operating.
t. The Permittee shall keep for the life of the collection system an up-to-date,readily accessible plot map showing each
existing and planned collector in the system and providing a unique identification location label for each collector.
i. Each owner or operator subject to the provisions of this subpart shall keep up-to-date,readily accessible records
of the installation date and location of all newly installed collectors as specified in A.3.e of this section.
ii. Each owner or operator subject to the provisions of this subpart shall keep readily accessible documentation of
the nature,date of deposition,amount,and location of asbestos-containing or nondegradable waste excluded
from collection as provided in§60.769(a)(3)(i)as well as any nonproductive areas excluded from collection as
provided in§60.769(a)(3)(ii),
u. The Permittee shall keep for at least 5 years up-to-date,readily accessible records of the following:
i. All collection and control system exceedances of the operational standards in A.3.c of this section,the reading
in the subsequent month whether or not the second reading is an exceedance,and the location of each
exceedance.
ii. Each wellhead temperature monitoring value of 55°C or above,each wellhead nitrogen level at or above 20
percent,and each wellhead oxygen level at or above 5 percent.
iii. For any root cause analysis for which corrective actions are required in A.3.d.iii.(A)or A.3.d.iv.(A)of this
section,keep a record of the root cause analysis conducted,including a description of the recommended
corrective actions taken,and the dates the corrective actions were completed.
iv. For any root cause analysis for which corrective actions are required in A.3.d.iii.(B)or A.3.d.iv.(B)of this
section,keep a record of the root cause analysis conducted,the corrective action analysis,the dates for
corrective actions already completed following the positive pressure reading or high temperature reading,and a
schedule for implementation for any corrective actions not already completed,including proposed
commencement and completion dates.
v. For any root cause analysis for which corrective actions are required in A.3.d.iii.(C)or A.3.d.iv.(C)of this
section,keep a record of the root cause analysis conducted,the corrective action analysis,the dates for
corrective actions already completed following the positive pressure reading or high temperature reading,a
schedule for implementation for any corrective actions not already completed,including proposed
commencement and completion dates,and a copy of any comments or final approval on the corrective action
analysis or schedule from the DAQ.
v. The Permittee shall keep for at least 5 years up-to-date,readily accessible records of all collection and control
monitoring data from A.3.j of this section.
w. For any leachate or other liquids addition reported under A.3.dd of this section,the Permittee shall keep records of
any engineering calculations or company records used to estimate the quantities of leachate or liquids added,the
surface areas for which the leachate or liquids were applied,and the estimates of annual waste acceptance or total
waste in place in the areas where leachate or liquids were applied.
Permit 09835T44
Page 12
Reuortine[40 CFR 60.767]
x. The Permuttee shall submit to DAQ annual reports of the recorded information listed below:
i. Value and length of time for exceedance of applicable parameters monitored in A.3 j through A.3.m of this
section.
ii. Description and duration of all periods when the gas stream is diverted from the control device through a bypass
line or the indication of bypass flow as specified in A.31 through A.3.m of this section.
iii. Description and duration of all periods when the control device was not operating,and length of time the
control device was not operating.
iv. All periods when the collet lion system was not operating.
v. The location of each exceedance of the 500 parts per million methane concentration and the concentration
recorded at each location for which an exceedance was recorded in the previous month.
(A) The Permittee shall determine the latitude and longitude coordinates for the location,in decimal degrees
with at least 5 decimal places,using an instrument with an accuracy of at least 4 meters.
vi. The date of installation and the location of each well or collection system expansion added in accordance with
A.3.d.iii,A.3.d.iv,A.3.e and A.3.f.iv of this section.
vii. For any corrective action analysis for which corrective actions are required in A.3.diii and iv,and that take
more than 60 days to correct the exceedance,the root cause analysis conducted,including a description of the
recommended correetive actions,the dates for corrective actions already completed following the positive
pressure reading,and,for actions not already completed,a schedule for implementation,including proposed
commencement and completion dates.
viii. Summary of all DAQ approved well closures that have been decommissioned in accordance with wells
A3.c.ii(C)of this section.
ix. Summary of all DAQ approved nonproductive areas of the landfill in accordance with§60.769(a)(3)(ii).
x. The initial annual report shall be submitted within 180 days of installation and start-up of the collection and
control system,and shall include the initial performance test report required under§60.8.
y. The Permittee shall submit a revised design plan to the DAQ for approval as follows:
i. At least 90 days before expanding operations to an area not covered by the previously approved design plan;
ii. Prior to installing or expanding the gas collection system in a way that is not consistent with the design plan that
was submitted to the DAQ according to §60.767(c).
z. The Permittee shall submit a closure report to the DAQ within 30 days of waste acceptance cessation.The DAQ
may request additional information as may be necessary to verify that permanent closure has taken place in
accordance with the requirements of 40 CFR 258.60.If a closure report has been submitted to the DAQ,no
additional wastes may he placed into the landfill without filing a notification of modification as described under
§60.7(a)(4).
aa. The Permittee shall submit an equipment removal report to the DAQ 30 days prior to removal or cessation of
operation of the control equipment.
i. The equipment removal report shall contain all of the following items:
(A) A copy of the closure report submitted in accordance with paragraph z of this section;
(B) A copy of the initial performance test report demonstrating that the 15-year minimum control period has
expired,or information that demonstrates that the GCCS will be unable to operate for 15 years due to
declining gas flows.In the equipment removal report,the process units tested,the pollutants tested,and the
date that such performance test was conducted may be submitted in lieu of the performance test report if
the report has been previously submitted to the EPA's Central Data Exchange(CDX);and
(C) Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer
producing 34 megagrams or greater of NMOC per year.If the NMOC emission rate reports have been
previously submitted to the EPA's CDX,a statement that the NMOC emission rate reports have been
submitted electronically and the dates that the reports were submitted to the EPA's CDX may be submitted
in the equipment removal report in lieu of the NMOC emission rate reports.
ii, The DAQ may request such additional information as may be necessary to verify that all of the conditions for
removal in§60.762(b)(2)(v)have been met.
Permit 09835T04
Page 13
bb. The Permittee shall submit reports to the EPA electronically according to§60.767(i)(1)and(2):
i. Within 60 days after the date of completing each performance test(as defined in§60.8), the Permittee shall
submit the results of each performance test according to the following procedures:
(A) For data collected using test methods supported by the EPA's Electronic Reporting Tool(ERT)as listed on
the EMs ERT Web site(https://www3.epa.gov/ttIL/chief/erL/ert—info.html)at the time of the test,you must
submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting
Interface(CEDRI). CEDRI can be accessed through the EPA's Central Data Exchange(CDX)
OiVs://cdx.epa.gov/).Performance test data must be submitted in a file format generated through the use of
the EPA's ERT or an alternative file format consistent with the extensible markup language(XML) schema
listed on the EPA's ERT Web site,once the XML schema is available.If some of the performance test
information being submitted is claimed as confidential business information(CBI), the Permittee shall
follow the procedure in§60.767(i)(1)(i)for submittal.
(B) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT
Web site at the time of the test,you must submit the results of the performance test to the Administrator at
the appropriate address listed in§60.4.
ii. The Pennittee shall submit reports as required by this paragraph to the EPA via the CEDRI.(CEDRI can be
accessed through the EPA's CDX.)The owner or operator must use the appropriate electronic report in CEDRI
for this subpart or an alternate electronic file format consistent with the XML schema listed on the CEDRI Web
site(https://www3.epa.gov/ttn/chief/cedri/index.html).If the reporting form specific to this subpart is not
available in CEDRI at the time that the report is due, the owner or operator must submit the report to the
Administrator at the appropriate address listed in§60.4.Once the form has been available in CEDRI for 90
calendar days,the Permittee shall begin submitting all subsequent reports via CEDRI.The reports shall be
submitted by the deadlines specified in this subpart,regardless of the method in which the reports are submitted.
cc. The Permittee shall submit,according to A.3.d.iii(C)and iv.(C),the following.
i. For corrective action that is required according to A.3.d.iii(C)or iv.(C)and is expected to take longer than 120
days after the initial exceedance to complete,you must submit the root cause analysis,corrective action
analysis,and corresponding implementation timeline to the DAQ Regional Office as soon as practicable but no
later than 75 days after the first measurement of positive pressure or temperature monitoring value of 55°C
(131°F).DAQ must approve the plan for corrective action and the corresponding timeline.
ii. For corrective action that is required according to A.3.d.iii(C)or iv.(C)and is not completed within 60 days
after the initial exceedance,you must submit a notification to the Administrator as soon as practicable but no
later than 75 days after the first measurement of positive pressure or temperature exceedance.
dd. For affected landfills with a design capacity equal to or greater than 2,5 million megagrams and 2.5 million cubic
meters that have employed leachate recirculation or added liquids based on a Research,Development,and
Demonstration pennit(issued through Resource Conservation and Recovery Act,subtitle D,part 258)within the last
10 years, the Permittee shall submit to the Administrator annually,following the procedure specified in paragraph
bb.ii of this section, the following information:
i. Volume of leachate recirculated(gailons per year)and the reported basis of those estimates(records or
engineering estimates).
ii. Total volume of all other liquids added(gallons per year)and the reported basis of those estimates(records or
engineering estimates).
iii. Surface area(acres)over which the leachate is recirculated(or otherwise applied).
iv. Surface area(acres)over which any other liquids are applied.
v. The total waste disposed(megagrams)in the areas with recirculated leachate and/or added liquids based on on-
site records to the extent data are available,or engineering estimates and the reported basis of those estimates.
vi. The annual waste acceptance rates(megagrams per year)in the areas with recirculated leachate and/or added
liquids,based on on-site records to the extent data are available,or engineering estimates.
vii. The initial report must contain items in paragraphs dd.i through vi of this section per year for the initial annual
reporting period as well as for each of the previous 10 years,to the extent historical data are available in on-site
records,and the report must be submitted no later than:
(A)September 27,2017,for landfills that commenced construction,modification,or reconstruction after July
17,2014 but before August 29,2016 containing data for the first 12 months after August 29,2016;or
Permit 09835T04
Page 14
(H)Thirteen(13)months after the date of commenced construction,modification,or reconstruction for landfills
that continence construction,modification,or reconstruction after August 29,2016 containing data for the
first 12 months after August 29,2016.
viii.Subsequent annual reports must contain items in paragraphs dd.i through vi of this section for the 365-day
period following the 365-day period included in the previous annual report,and the report must be submitted no
later than 365 days after the date the previous report was submitted.
ix. Landfills may cease annual reporting of items in paragraphs dd.i through vii of this section once they have
submitted the closure report in paragraph z of this section.
cc. The Permittee shall submit a summary report of monitoring and recordkeeping activities postmarked on or before
January 30 of each calendar year for the preceding six-month period between July and December and July 30 of
each calendar year for the preceding six-month period between January and June. All instances of deviations from
the requirements of this permit must be clearly identified.
STATE ENFORCEABLE ONLY
4. 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
5. 15A NCAC 02D.1100: CONTROL OF TOXIC AIR POLLUTANTS
a. Pursuant to 15A NCAC 2D .1100"Control of Toxic Air Pollutants,"and in accordance with the approved
application for an air toxic compliance demonstration,the following permit limits shall not be exceeded:
Description Toxic Air Pollutant Emission Limit
Landfill(ES-1) Benzene 108.62 lblvr
Fugitive emissions Hvdroeen chloride -------------
Hvdroeen sulfide 3.16 lb/day
Vinyl chloride 96.561b1
Candlestick flare(CD-1) Benzene 5.26 lb/yr
Hydrogen chloride 0.59 lb/hr
Hydrogen sulfide 0.15 lb/day
VinvI chloride 4.66 lb/yr
MonitorinJRecordkeet inp-IReportin
b. The gas collection and control system shall be operated and maintained in such a manner that the modeled emission
limits listed above shall not be exceeded.
STATE ENFORCEABLE ONLY
6. 15A NCAC 020.0711: EMISSION RATES REQUIRING A PERMIT
a. The facility shall be operated and maintained in such a manner that any new,existing or increased actual emissions
of any Toxic Air Pollutant(TAP)listed in 15A NCAC 02Q.0711 or in this permit from all sources at the facility
(excluding those sources exempt under 15A NCAC 02Q.0702"Exemptions"),including fugitive emissions and
emission sources not otherwise required to have a permit,will not exceed its respective TAP permitting emission
rates(TPER)listed in 15A NCAC 02Q.0711 without first obtaining an air permit to construct or operate.
b. PRIOR to exceeding any of the TPERs listed in 15A NCAC 02Q.0711,the Permittee shall be responsible for
obtaining an air permit to emit TAPS and for demonstrating compliance with the requirements found in 15A NCAC
02D .1100"Control of Toxic Air Pollutants."
c. The Permittee shall maintain at the facility records of operational information sufficient for demonstrating to the
Division of Air Quality staff that actual TAPS are less thao the rate listed in 15A NCAC 02Q.0711.
Permit 09835T04
Page 15
d. The TPER table listed below is provided to assist the Permittee in determining when an air permit is required
pursuant to 15A NCAC 02Q.0711 and may not represent all TAPS being emitted from the facility.This table will be
updated at such time as the permit is either modified or renewed.
Chronic Acute Acute
Pollutant CAS No. Carcinogens Toxicant Systemic Irritants
(lb/yr) (lb/day) Toxicants (lblhr)
(lblhr)
Acrylonitrile 107-13-1 0.4 0.22
Carbon disulfide 75-15-0 3.9
Carbon tetrachloride 56-23-5 460
Chlorobenzene 108-90-7 46
Chloroform 67-66-3 250
p-Dichlorobenzene 106-46-7 16.8
Ethyl mercaptan 75-09-1 0.025
Ethylene dibromide 106-93-4 27
Ethylene dichloride(1,2-dichloroethane) 107-06-2 260
n-Hexane 110-54-3 23
MEIN(methyl ethyl ketone) 78-93-3 78 22.4
M1BK(methyl isobutyl ketone) 108-10-1 52 7.6
Mercury-alkyl compounds ----------- 0.0013
Mercury—vapor 7439-97-6 0.013
Methyl chloroform(1,1,1 trichloroethane) 71-55-6 250
Methylene chloride(Dichloromethane) 75-09-2 1600 0.39
Methyl mercaptan 74-93-1 0.013
Perchloroethylene(tetrachloroethylene) 127-18-4 13000
Toluene 108-88-3 98 14.4
Trichloroethylene 79-01-6 4000
Vinylidene chloride 75-35-4 2.5
Xylene 1330-20-7 57 16.4
1,1,2,2-tetrachloroethane 79-34-5) 430
Permit 09835T04
Page 16
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 15A NCAC 02Q.0508(i)(16)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC
02D and 02Q.
2. The terms,conditions,requirements,limitations,and restrictions set forth in this permit are binding and enforceable
pursuant to NCGS 143-215.114A and 143-215.114B,including assessment of civil and/or criminal penalties.Any
unauthorized deviation from the conditions of this permit may constitute grounds for revocation and/or enforcement
action by the DAQ.
3. This permit is not a waiver of or approval of any other Department permits that may be required for other aspects of the
facility which are not addressed in this permit.
4. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare,animal or plant
life,or property caused by the construction or operation of this permitted facility,or from penalties therefore,nor does
it allow the Perminee 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 Availabiff [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 09835T04
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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[l5A 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
.05 M.
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
terns and conditions that are monitoring(including test methods),recordkeeping,reporting,or compliance
certification requirements.
b. The Permittee may make Section 502(b)(10)changes without having the permit revised if:
i. the changes are not a modification under Title I of the Federal Clean Air Act;
ii. the changes do not cause the allowable emissions under the permit to be exceeded;
iii, the Permittee notifies the Director and EPA with written notification at least seven days before the change is
made;and
iv. the Permittee shall attach the notice to the relevant permit.
c, The written notification shall include:
i. a description of the change;
ii. the date on which the change will occur;
iii. any change in emissions;and
iv. any permit term or condition that is no longer applicable as a result of the change.
d. Section 502(b)(10)changes shall be made in the permit the next time that the permit is revised or renewed,
whichever comes first.
3. Off Permit Changes[I5ANCAC 02Q.0523(b)]
The Permittee may make changes in the operation or emissions without revising the permit iE
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 09835T04
Page 18
I.A 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.III 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;
I 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 cer*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 Wile if the owner or operator cannot demonstrate that excess emissions are unavoidable.
Permit 09835TO4
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J. Emereenc� Provisions[40 CFR 70.6(g)]
The Permittee shall be subject to the following provisions with respect to emergencies:
I. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the
facility,including acts of God,which situation requires immediate corrective action to restore normal operation,and
that causes the facility to exceed a technology-based emission limitation under the permit,due to unavoidable increases
in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by
improperly designed equipment,lack of preventive maintenance,careless or improper operation,or operator error.
2. An emergency constitutes an afftrrnative 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
limitarions were exceeded due w 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 AetivitN Not a Defense[15A NCAC 02Q.0508(i)(4)]
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
M. Duty to Provide Information(submittal of information) [15A NCAC 02Q.0508(i)(9)]
1. The Permittee shall furnish to the DAQ,in a timely manner,any reasonable information that the Director may request
in writing to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit or to
determine compliance with the permit.
2. The Permittee shall furnish the DAQ copies of records required to be kept by the permit when such copies are
requested by the Director.For information claimed to be confidential,the Permittee may furnish such records directly
to the EPA upon request along with a claim of confidentiality.
N. Duty to Supplement[15A NCAC 02Q.0507(f)]
The Permittee,upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the
permit application,shall promptly submit such supplementary facts or corrected information to the DAQ. The Permittee
shall also provide additional information as necessary to address any requirement that becomes applicable to the facility
after the date a complete permit application was submitted but prior to the release of the draft permit.
Permit 09835T04
Page 20
O. Retention of Records[15ANCAC 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[15ANCAC 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 Resoonsihle 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 arc 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 arc 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 W;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 Perndt[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. Insip-nificant 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 wnh
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,
Permit 09835T04
Page 21
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.
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 Pa►-ment[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 Inventon-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 accordancc with 15A NCAC 02Q.0107.
Z. Construction and Operation Permits[15A NCAC 02Q.0100 and.0300]
A construction and operating permit shall be ohtained by the Permittee for anyproposed 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.
A.A. Standard AF)nlication 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 115A NCAC 02Q.0507(d)(4)]
The DAQ may require an applicant to submit a statement of financial qualifications and/or a statement of substantial
compliance history.
Permit 09835T04
Page 22
CC. Ref 'perant Re uirements(Stratospheric Ozone and Climate Protection [15A NCAC 02Q.0501(e)]
1. If the Permittee has appliances or refrigeration equipment,including air conditioning equipment,which use Class I or H
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 egnipment specified in 40
CFR Part 82 Subpart F.
2. The Permittee shall not knowingly vent or otherwise release any Class I or 11 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 Dun•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[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 Emereencv Episode[15A NCAC 02D.0300]
Shonld 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.
M Re strativn of Air Pollution Sources[15ANCAC 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 Onaliry 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 gnality
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[15ANCAC 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 Perrnittec 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.
Permit 09835TQ4
Page 23
3. The owncr 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 as 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 sul?ject 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- Reopenint:for Cause[15A NCAC 02Q.0517]
1. A permit shall be reopened and revised under the following circumstanoes:
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 parrs 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. RenortinQ Requirements for Nan-Uneratin2 EUuipment[15A NCAC 02Q.0508(i)(16)J
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.
Permit 09835TO4
Page 24
MM.Fu;itive 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 Toads and haul roads).
NN.Specific Permit Modifications[15A NCAC 02Q.0501 and.0523]
1. For modifications made pursuant to 15A NCAC 02Q.0501(c)(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(d)(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,51 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 tern 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
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 pre-construction requirements.
00. Third Party Partici ration 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 09835T04
Page 25
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
MALT 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
OAR 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