AQ_GEN_RD_20230510_CA_AQC-Agenda

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION

May 10, 2023
9:00 A.M. – 10:30 A.M.

Air Quality Agenda
Margaret (Maggie) C. Monast, Chair, Presiding

In the event the previously scheduled Committee meeting adjourns prior to the estimated
adjournment time, the other Committee meeting may be called to order, by the Chair, fifteen
minutes after the previous meeting adjourned.
The Environmental Management Commission (EMC) will hold the May meetings virtually. The
audio and presentations will be broadcast via the state web conferencing link posted on the
Environmental Management Commission (EMC) at: https://deq.nc.gov/about/divisions/water-
resources/water-resources-commissions/environmental-management-commission/meeting-
information. The public may access the meeting using the following links or attend in person in
the Ground Floor Hearing Room (Archdale Building, 512 N. Salisbury Street, Raleigh, NC
27604).

May 10 – Committee Meetings
May 11 – FULL EMC Meeting
Items marked with an asterisk (*) will be presented orally at the meeting only upon a request by a
Committee member and can be approved where required as a group. Also, items marked with a
less-than sign (<) have no agenda item pages in the package.

I. Preliminary Matters:

1. Call to Order and Notice of NCGS § 138A-15………Chair Margaret (Maggie) C. Monast

General Statute § 138A-15 mandates that the Chair inquire as to whether any member knows of
any known conflict of interest or appearance of conflict with respect to matters before the
Commission. If any member knows of a conflict of interest or appearance of a conflict, please so
state at this time.

2. Approval of minutes from the Air Quality Committee meeting on March 8, 2023.

II. Concepts:

1. Revisions to 15A NCAC 02Q .0802, Gasoline Service Stations and Dispensing Facilities
(560)
(Katherine Quinlan, DAQ)

PowerPoint Presentation

III. Action Items:

1. None
IV. May EMC Agenda Items:

1.* Request for Approval of Hearing Officer’s Report on Proposed Revisions to Allow
Electronic Submittal of Documents and Final Approval of Regulatory Impact Analysis
(556)
(Katherine Quinlan, DAQ)
PowerPoint Presentation
Attachment A – Hearing Officer’s Report
Attachment B – Regulatory Impact Analysis
V. Informational Items:

1. Startup, Shutdown, Malfunction (SSM) SIP-Call Update
(Joelle Burleson, DAQ)

2.< Director’s Remarks (Mike Abraczinskas, DAQ)

3.* 1995-2023 Air Quality Committee and Environmental Management Commission
Calendar

4.* Status of Rulemaking Hearings and Rule Development

VI. < Closing Remarks………………………………………….…Chair Margaret (Maggie) C. Monast

Adjournment: The next Air Quality Committee Meeting is scheduled for July 12, 2023. The
time will be determined as the date approaches. AQC meetings are held in the Ground Floor
Hearing Room of the Archdale Building where Commissioners, staff, and scheduled speakers are
encouraged to attend in-person. Due to COVID-19 protocols, limited seating will be available to
the public.

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ENVIRONMENTAL MANAGEMENT COMMISSION
AIR QUALITY COMMITTEE MEETING SUMMARY
March 8, 2023
Archdale Building-Ground Floor Hearing Room
2:45 P.M. – 4:45 P.M.

AQC MEMBERS IN ATTENDANCE
Ms. Margaret (Maggie) C. Monast, AQC
Chair
Ms. Donna Davis
Ms. Yvonne Bailey Ms. Marion Deerhake
Mr. Charlie S. Carter Dr. H. Kim Lyerly

OTHERS IN ATTENDANCE
Ms. Robin Smith, EMC Chair Mr. Mike Abraczinskas, DAQ Director
Ms. Elizabeth (Jill) Weese, EMC Mr. Randy Strait, DAQ Planning Chief
Mr. Phillip Reynolds, EMC Counsel DEQ Staff
Mr. Zach Pierce, Office of Governor Members of the public

PRELIMINARY MATTERS

Agenda Item I-1, Call to Order and the State Government Ethics Act, N.C.G.S. §138A-15
AQC Chair Monast called the meeting to order and inquired, per General Statute §138A-15, as to
whether any member knows of any known conflict of interest or appearance of conflict with respect to
matters before the EMC’s AQC. None stated.

Agenda Item I-2, Review and Approval of the November 9, 2022 Meeting Minutes
Chair Monast requested approval of the November 9, 2022 Meeting Minutes. Commissioner Bailey
made the motion and Commissioner Deerhake seconded the motion. The minutes were approved
unanimously without discussion.
MEETING BRIEF
During the meeting on March 8, 2023, the Air Quality Committee (AQC) of the Environmental Management
Commission (EMC) heard:
• Concepts: None
• Action Item: None
• Informational Item: Advanced Clean Trucks (ACT) Rule Update

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RULEMAKING CONCEPTS
No rulemaking concepts items were presented during this AQC meeting.

ACTION ITEMS
No action items were presented during this AQC meeting.

INFORMATIONAL ITEMS
Agenda Item V-1, Advanced Clean Truck Rule Update (Zach Pierce, Office of the Governor, and
Randy Strait, DAQ)
Mr. Zach Pierce, Senior Advisor with the Office of the Governor, and Mr. Randy Strait, Chief of the
Division of Air Quality (DAQ) Planning Section, presented an overview of the Advanced Clean Trucks
(ACT) rulemaking and recent stakeholder engagement.
Mr. Pierce started the presentation with an overview of various North Carolina Executive Actions to reduce
Greenhouse Gas (GHG) emissions from vehicles, starting with Executive Order (EO) 80, signed in October
2018, and ending with the more recent EO 271, signed in October 2022. EO 271 directed DEQ to develop
and propose an ACT Rule and outlines additional steps to ensure its success, such as an infrastructure needs
assessment and availability of State and federal funds.

Mr. Strait continued the presentation by providing a breakdown of historical carbon dioxide (CO2)
emissions data for the transportation sector and its contribution to statewide CO2 emissions, stating that the
most recent emissions data showed that the transportation sector contributed 36% of the total GHG
statewide emissions. The transportation sector was the largest contributor, followed by the power sector at
33%. The ACT rule is a way to reduce transportation sector GHG emissions while growing the State’s
gross state product under continued projections of increases in state population. Medium- and heavy-duty
(MHD) vehicles account for 17% of the 2017 transportation sector GHG emissions in North Carolina. The
earliest date that North Carolina could have an effective ACT rule would be January 1, 2024. Under Section
177 of the Clean Air Act (CAA), the state is required to allow two years of lead time following an effective
rule, before implementing the rule. Therefore, DAQ would implement the rule beginning on January 1,
2026, with the model year 2027 sales percentages.

Mr. Strait described the seven stakeholder outreach sessions that were conducted between January 9 and
February 21, 2023. Four sessions were virtual and three were held in person in Charlotte, Burlington, and
Pembroke. Overall, the responses were positive, and stakeholders believe the adoption of the ACT is a
win-win for businesses and the health of our citizens. Stakeholders expressed the need for further
communication with underserved communities, leverage of financial resources, and workforce
development, as well as infrastructure challenges.

Discussion:
Commissioner Carter asked how much progress has been made towards EO 80’s 2025 goals of 40%
reduction in GHG emissions from 2005 levels and 80,000 registered light-duty (LD) zero-emission vehicles
(ZEVs). Mr. Pierce replied that North Carolina currently has 50,000 registered LD ZEVs and the 40%
target has not yet been achieved, but the state has seen significant progress.

Commissioner Davis asked if current cost comparison information is available for ZEVs versus standard
vehicles. Mr. Pierce responded that the cost of MHD ZEVs is constantly changing and becoming
increasingly competitive with their gas and diesel counterparts, especially when considering the reduced
maintenance and fuel costs.

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Commissioner Deerhake asked for an example of the type of truck at the lower end of the Class 2b
category, if a cost-benefit analysis has been performed, and if it is being communicated to consumers in a
clear manner. Mr. Pierce replied that an F-250 is an example of a Class 2b truck and clarified that the ACT
rule does not put any requirements on the consumer, instead only providing access to these types of vehicles.
Commissioner Deerhake stressed the importance of providing public health benefits in all rulemakings,
in addition to the costs to industries.

Commissioner Carter noted the short time frame proposed to adopt the ACT Rules and inquired about the
status of the fiscal note. Mr. Strait stated that DAQ is currently working on the fiscal note and evaluating
the best approach to calculate emissions, which may involve either scaling California’s analysis, or a more
detailed emissions analysis using modeling data. However, because the MOVES model emission data is
not yet available, the fiscal note will likely use the scaled approach. Commissioner Carter noted the
difficulty in enforcing the sales standards on manufacturers, specifically those outside the State.

Commissioner Davis asked if there were any consequences to the State should the sales standards not be
met. Director Abraczinskas stated that there would not be any consequences to the State. Any enforcement
action towards manufacturers would have to be decided by the EMC from DAQ recommendations provided
along with the rule.

Commissioner Deerhake asked if the sales standards apply only to the manufacturing and offering of a
certain percentage of vehicles for sale in the State, or if the rule requires the actual sales of ZEVs, and how
the manufacturers would meet those goals (through incentives, etc.). Mr. Strait stated that the sales standard
applies to the actual sales of ZEVs, which would be tracked by the manufacturer by vehicle identification
number (VIN) and vehicle registration. The manufacturers could meet the sales requirements by
completing sales to the end user (e.g., fleets), or by purchasing credits from other manufacturers selling
within the State.

Chair Monast asked that the concept of credits be explained in more detail. Mr. Strait stated that in
California, electric vehicle (EV) manufacturers can bank credits for three years and sell these credits to
other manufacturers with deficits. The credits have a 5-year lifespan. Manufacturers are encouraged to
work together to meet the targets and bring the cost down, and are given one year to make up the credit if
they miss their targets. Chair Monast asked that if the ACT rule is not adopted in January 2024, what is
the earliest model year to which the sales standards would apply. Mr. Strait stated that that the sales
standards would then begin with model year 2028 at 20% and 30%. Director Abraczinskas stated that
manufacturers, during the outreach session, stressed the importance of the early reduction credits.

Commissioner Carter asked if plug-in hybrids would also be included in the credit program. Mr. Strait
stated that based on his understanding of the California ACT regulation, plug-in hybrids would also be
included. Commissioner Carter asked if hydrogen fuel cell vehicles are a realistic option for
compliance with the ACT rule. Mr. Strait stated that a lot of advancements have been made in hydrogen
fuel cell technology and that within the next 10 years, it will be a viable option for long haul trucking.

Commissioner Davis asked if the charging infrastructure will be available outside of the state,
considering that North Carolina will be the first state in the southeast to adopt the ACT rule. Mr. Pierce
replied that the seven states that have adopted the ACT rule make up 20% of the trucking market in the
United States. It is important to ensure that we accommodate and promote these vehicles. There is a lot
of coordination across the country to ensure that the infrastructure will be available.

Commissioner Deerhake requested that DAQ consider including maps that overlay the warehouse
locations and EJ communities, as the fiscal note and public presentations are being prepared. She also

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requested both individual and total benefits for the PM2.5 and NOx emission reductions, not just GHGs.
Mr. Strait stated that if the EPA models allow for overlay, then DAQ will include them.

Chair Monast asked for an explanation of the next steps. Director Abraczinskas thanked the staff, Robin
Barrows, Shawn Taylor, the DEQ EJ team, the Regional Offices, and the Rule Development Branch for
conducting the seven pre-rulemaking stakeholder meetings. Director Abraczinskas also stated that Clean
Energy Tech Center, at NC State, will hold a demonstration on April 11 and 12 for government entities to
learn about charging. Commissioners are invited to attend.

Agenda Item V-2, Director’s Remarks (Mike Abraczinskas, DAQ)
Director Abraczinskas began by introducing and welcoming the new Deputy Director, Taylor Hartsfield.
Ms. Hartsfield brings over 10 years of regional office experience and holds a BS in Biosystems
Engineering and a minor in Environmental Engineering from Clemson University. Director Abraczinskas
stated that DAQ is currently working to fill the Business Officer position, Raleigh Regional Office
Supervisor position, Air Quality Analysis Branch Supervisor position, Projects and Procedures Branch
Supervisor, and 31 other vacancies. Finding funding sources for salary administration for the Division
remains a priority. He concluded with some staffing statistics, mentioning that 7 additional DAQ
Supervisors will retire in the next 12 months, 30 other staff are eligible to retire in the next 12 months,
and 80 of the Division’s staff are eligible to retire in the next 50 months.

CLOSING REMARKS AND MEETING ADJOURNMENT

Chair Monast asked if there were any other comments or questions. No comments or questions were made.
Chair Monast thanked all in attendance for their participation.
AGENDA ITEM II-1
Page 1 of 2
Concept
Revisions to 15A NCAC 02Q .0802, Gasoline Service Stations and Dispensing Facilities
(560)

Reason for Action
To revise the throughput limit and reporting thresholds for exempt facilities in 15A
NCAC 02Q .0802 to incorporate the increased presence of vapor recovery technology in the
vehicle fleet and current AP-42 emission factors.

Scope/Nature/Summary
The provisions in 15A NCAC 02Q, Section .0800, Exclusionary Rules, redefine potential
emissions as actual emissions for certain industries, thus allowing a facility to remain a minor
source for Title V requirements and hazardous air pollutants (HAPs) so long as their actual
emissions remain below the major source thresholds of 100 tons per year (tpy) of each regulated
criteria pollutant, 25 tpy of all HAPs combined, and 10 tpy of each individual HAP.

Rule 02Q .0802, Gasoline Service Stations and Dispensing Facilities, was originally
adopted and became effective August 1, 1995. The rule provides an exemption from the
requirement to obtain a Title V permit under 15A NCAC 02Q .0500 for gasoline service stations
and dispensing facilities that remain below an established annual threshold of 15 million gallons
of gasoline dispensed. Emissions from these facilities result from filling the underground storage
tank, underground tank breathing and emptying, vehicle refueling displacement losses, and
vehicle refueling spillage.

On April 6, 1994, the EPA promulgated standards for installation of onboard refueling
vapor recovery (ORVR) technology in new light duty vehicles (LDVs) and light duty trucks
(LDTs).1 ORVR technology decreases vehicle refueling displacement losses using carbon
canisters that capture the gasoline vapors displaced from the vapor space of the vehicle’s
gasoline tank during refueling.2 The standards were implemented in a phased approach,
beginning with new model year 1998 cars. By 2006, nearly all new gasoline-powered highway
vehicles were required to be equipped with the technology. In 2012, EPA determined that ORVR
technology is in widespread use throughout the motor vehicle fleet for purposes of controlling
motor vehicle refueling emissions.3 Application of the phased-in federal ORVR requirements to
the recent North Carolina vehicle populations indicates that 85% of the on-road vehicles
registered in the State are equipped with ORVR. Over time, non-ORVR vehicles in the fleet will
continue to be replaced with ORVR vehicles.4

Newer vehicles manufactured with ORVR controls have lower emissions of VOCs and
HAPs per gallon of gasoline dispensed than older vehicles without vapor recovery, thus lowering
the vehicle refueling displacement component of the total emissions calculation. As the

1 59 Federal Register (FR) 16262, Control of Air Pollution From New Motor Vehicles and New Motor Vehicle
Engines; Refueling Emission Regulations for Light-Duty Vehicles and Light Duty Trucks, April 6, 1994.
2 Fact Sheet on Final Rule Determining Widespread Use of Onboard Refueling Vapor Recovery and Waiver of
Stage II Requirements, EPA, https://www.epa.gov/sites/default/files/2015-
09/documents/stage_2_vapor_factsheet.pdf
3 77 FR 28776
4 76 FR 41731
AGENDA ITEM II-1
Page 2 of 2
percentage of vehicles with ORVR in the fleet increases, so does the maximum amount of
gasoline these facilities can dispense while keeping actual emissions below major source
thresholds.

The DAQ is proposing revisions to the annual throughput limit in 15A NCAC 02Q
.0802(d) to incorporate the increased presence of vapor recovery technology in the vehicle fleet
and current AP-42 emission factors. Preliminary analysis results in a recalculated threshold of
approximately 43 million gallons per year on a calendar month rolling average basis. The DAQ
is also proposing to revise the annual throughput reporting thresholds for exempt facilities in
15A NCAC 02Q .0802(e).

Statutory Authority

G.S. 143-215.3(a)(1); G.S. 143-215.107; G.S. 143-215.108;

Department of Environmental Quality
Revisions to Rule 02Q .0802, Gasoline Service Stations and Dispensing Facilities
Air Quality Committee Meeting –May 10, 2023
Background
02Q .0800 Exclusionary Rules
2
Department of Environmental Quality
•The provisions in 15A NCAC 02Q .0800, Exclusionary Rules, redefine potential
emissions as actual emissions for certain industries, allowing a facility to
remain a minor source for Title V and HAPs so long as their actual emissions
remain below:
•100 tpy of each regulated criteria pollutant;
•25 tpy of all HAPs; and
•10 tpy of each individual HAP.
•Rule 02Q .0802 provides that Gasoline Service Stations and Dispensing
Facilities may remain a minor source if annual throughput remains below 15
million gallons, calculated on a calendar month rolling average basis.
Background
02Q .0802 Exclusionary Rule
3
Department of Environmental Quality
•Originally adopted and became effective on August 1, 1995, with the 15 million gallon per year
throughput threshold.
•Emissions from these facilities result from:
•Underground storage tanks (filling, breathing, and emptying); and
•Refueling of vehicles at these stations (refueling displacement losses and spillage).
•Also requires incremental reporting to the DAQ:
•Annually once the facility throughput exceeds 10 million gallons; and
•Semiannually once the facility throughput exceeds 13 million gallons.
•Once the throughput exceeds 15 million gallons, the facility must submit a Title V permit application.
Background
EPA Motor Vehicle Emission Standards
4
Department of Environmental Quality
In April 1994, EPA promulgated standards for installation of onboard refueling vapor recovery
(ORVR) technology in new light duty vehicles (LDVs) and light duty trucks (LDTs).
•Implemented in a phased approach, beginning with a requirement for ORVR technology
in 40% of new model year 1998 cars
•The standards gradually introduced increased ORVR requirements to various portions
of the vehicle fleet, determined by vehicle type and model year.
•By 2006, nearly all new gasoline-powered highway vehicles were required to be
equipped with ORVR.
•In 2012, EPA determined that ORVR technology is in widespread use throughout the
motor vehicle fleet for purposes of controlling motor vehicle refueling emissions.
Over time, non-ORVR vehicles in the fleet will continue to be replaced with ORVR vehicles.
Concept
5
Department of Environmental Quality
•ORVR technology in the vehicle fleet reduces the vehicle refueling displacement
component of the total emissions calculation for gasoline service stations and
dispensing facilities.
•As the percentage of the vehicle fleet with ORVR increases, so does the maximum
amount of gasoline these facilities can dispense while keeping actual emissions
below major source thresholds.
Therefore, the DAQ intends to propose an increase to the annual throughput limit in 15A
NCAC 02Q .0802 to incorporate the presence of vapor recovery technology in the
vehicle fleet and current AP-42 emission factors.
•Application of the phased-in EPA requirements to the recent vehicle registration
inventory in North Carolina indicates approximately 85% of the State’s LDVs and
LDTs would be equipped with ORVR. Based on this, preliminary analysis indicates a
recalculated threshold of 43 million gallons.
Department of Environmental Quality
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Tentative Rulemaking Timeline
(Subject to Change)
5/10/2023 Concept to Air Quality Committee (AQC)
•September 2023 Draft Rules to AQC
•November 2023 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC)
•December 2023-February 2024 Public Comment Period and Hearing
•March 2024 Adoption by EMC
•April 2024 Rules Review Commission Approval
•May 2024 Tentatively Effective
Contact
Department of Environmental Quality
Katherine Quinlan, EIT
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8702 office
[e-mail]
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Department of Environmental Quality
8

Agenda Item: Request for Approval of Hearing Officer’s Report on Proposed Revisions to Allow
Electronic Submittal of Documents and Final Approval of Regulatory Impact Analysis
(556)

Explanation: A public hearing was held on February 21, 2023, on the proposed amendments to 18 air quality
rules, 15A NCAC 02D .0103, .0501, .0546, .0605, .1903, .1904, .1905, and .2203, and 15A
NCAC 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505, .0507, .0508, and .0710, and the
accompanying fiscal note, to allow electronic submittal of documents. Dr. H. Kim Lyerly was
appointed and served as the hearing officer for the public hearing.
The revisions proposed in this rulemaking are primarily to streamline and facilitate the transition
to electronic systems for receiving and storing Department of Environmental Quality (DEQ)
records. Some of the current air quality rules in 15A NCAC, Subchapters 02D and 02Q, require
physical copies of correspondence, records, and applications. Additionally, certain rules
currently require regulated entities to provide multiple copies of applications, forms with original
signatures, or postmarked applications. The proposed revisions serve to streamline and
facilitate the transition to electronic systems for receiving and storing DEQ records.
Under the revised rules, regulated entities may begin providing electronic applications and
reports as the official agency record once the Division of Air Quality (DAQ) makes available a
system for receiving electronic documents. Prior to receiving electronic records required by a
federal rule, the DAQ must receive approval from the Environmental Protection Agency (EPA)
for the system under 40 CFR Part 3, the Cross-Media Electronic Reporting Rule (CROMERR).
In the future, the DAQ will be incorporated into the DEQ’s Self Service Permit Portal, and
electronic air quality permit applications will be submitted through the Department’s system.
Throughout the transition, the current methods for submitting electronic records will be clearly
stated on the DAQ permitting website. Additionally, revisions are proposed to allow electronic
permit fee payments and remove regional office addresses in anticipation of future relocations.
A fiscal note was approved by the Office of State Budget and Management (OSBM) on
September 23, 2022. The DAQ estimates a benefit to regulated entities in the range of
approximately $11,232 to $22,464 per year from savings in paper usage, printer ink, postage
costs, and staff time for preparing and mailing hard copy applications and records. Benefits to
the State are estimated in the range of approximately $59,087 to $118,173 annually from saved
staff time to digitize applications and records received in hard copy format. The estimated
impacts of these proposed rule revisions are not substantial as defined in North Carolina’s
Administrative Procedures Act in NC General Statute 150B-21.4, Fiscal Note on Rules. The
term “substantial economic impact” means an aggregate financial impact on all persons
affected of at least one million dollars ($1,000,000) in a 12-month period. A copy of this fiscal
note can be obtained at OSBM’s website by using the following link,
https://www.osbm.nc.gov/documents/files/DEQ_2022-09-23.

One person provided comments at the public hearing on behalf of the North Carolina
Conservation Network (NCCN) in support of the rulemaking and encouraged the EMC and the
DAQ to make the information received electronically accessible to the public in a usable format
for assessment and analysis. Although outside of the scope of the rulemaking, the DAQ will

consider the feedback provided as its systems develop and evolve. Interested persons may
request specific data that is submitted electronically in formats other than PDF from the agency
when needed. During the January 17, 2023 through March 20, 2023 comment period, the U.S.
EPA Region 4 provided a letter stating that they have reviewed the rules and had no comment.
No changes were made to the proposed rules in response to the comments received.

Recommendation: The Hearing Officer recommends that the proposed amendments to the 18 rules in 15A
NCAC 02D and 02Q as presented in Chapter II of the hearing report, the final regulatory
impact analysis as presented in Chapter VI of the hearing report, and the Hearing Officer’s
Report be adopted by the Environmental Management Commission.
Department of Environmental Quality
Proposed Rule Amendments to Allow Electronic Submittals
Environmental Management Commission Meeting –May 11, 2023
Background
2
Department of Environmental Quality
•Some of the current air quality rules in 15A NCAC, Subchapters 02D and 02Q, require
physical copies of correspondence, records, and applications, while other rules do not
specify the format for providing such documents.
•Although many permit applications are received and reviewed electronically, applicants
must still provide one or more paper copy applications, as required by the rules.
•DAQ is proposing amendments to 18 air quality rules throughout Subchapters 02D and
02Q to allow electronic copies of applications, submittals, records, and correspondence
where physical hard copies are currently required.
•This rulemaking is intended to facilitate the DEQ’s transition towards streamlining and
digitizing its permitting process and agency records, including:
•Laserfiche digital document repository for storing agency records;
•DAQ CROMERR-compliant system for receiving records required by federal rule; and
•DEQ self service permit portal for receiving electronic applications and fees.
Hearing Report on Proposed Rule Revisions
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Department of Environmental Quality
Public Hearing:February 21, 2023
Hearing Officer:Dr. H. Kim Lyerly
Comment Period:January 17, 2023 –March 20, 2023
Commenters:North Carolina Conservation Network (NCCN)
EPA Region 4
Comment and Response Overview
4
Department of Environmental Quality
•One comment was received at the public hearing, relating to the format
of records made available to the public.
•One letter was received from the EPA Region 4 stating that they have
no comments at this time.
•No changes were made to the rules as a result of these comments
Summary of Comments
5
Department of Environmental Quality
Rule Comment Received DAQ Response
N/A
NCCN supports the rulemaking action
and noted its importance. Additionally,
NCCN is interested in the public
accessibility of the information and
encouraged the DAQ and EMC to make
the information accessible to the public
in a format other than PDF, that makes
it usable for analysis and assessment. It
was stated that data in PDFs would
require someone to type the data into a
database.
The DAQ thanked the commenter for their
support of the rulemaking. Currently, official
DEQ records in Laserfiche are available in
PDF format in order to preserve the records
as originally received by the agency. Although
outside the scope of this rulemaking, the
DAQ will consider this feedback as agency
systems evolve. Additionally, interested
parties may request specific information
available in other formats by contacting the
DAQ Public Information Officer.
Fiscal Note
6
Department of Environmental Quality
•Draft Fiscal Note submitted to the Office of State Budget and Management (OSBM) on
August 23, 2022 with an original estimation of minimal financial benefits.
•After further analysis, the draft fiscal note was revised to estimate benefits to the DAQ
and regulated community, and approved by OSBM on September 23, 2022:
•DAQ savings of approximately $59,087 to $118,173 annually from reduced staff time to
digitize hard copy records.
•Regulated community savings of approximately $11,232 to $22,464 annually from decreased
paper usage, printer ink, postage costs, and staff time to prepare hard copy records.
•Significant qualitative benefits from streamlined records submittal process and increased
access and quality of public records.
Department of Environmental Quality
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Tentative Rulemaking Timeline
(Subject to Change)
March 2022 Concept to Air Quality Committee (AQC)
Sept 2022 Draft Rules to AQC
Nov 2022 Request to Proceed to Comment and Hearing to
Environmental Management Commission (EMC)
Dec 2022-Feb 2023 Public Comment Period and Hearing
•May 2023 Adoption by EMC
•June 2023 Rules Review Commission Approval
•7/1/2023 Tentatively Effective
Department of Environmental Quality
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Recommendation
The Hearing Officer recommends that the proposed amendments to the
18 rules in 15A NCAC 02D and 02Q as presented in Chapter II of the
hearing report, the final regulatory impact analysis as presented in
Chapter VI of the hearing report, and the Hearing Officer’s Report be
adopted by the Environmental Management Commission.
Contact
Department of Environmental Quality
Katherine Quinlan, EIT
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8702 office
[e-mail]
9
Department of Environmental Quality
10
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF AIR QUALITY
REPORT OF PROCEEDINGS OF PUBLIC HEARING ON
PROPOSED AMENDMENTS TO RULES
15A NCAC 02D .0103, .0501, .0546, .0605, .1903, .1904, .1905, and .2203 and
15A NCAC 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505, .0507,
.0508, and .0710
FEBRUARY 21, 2023
RALEIGH, NC
ENVIRONMENTAL MANAGEMENT COMMISSION
Attachment A A-1
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A-2
TABLE OF CONTENTS

CHAPTER I Summaries and Recommendations I-1
Background and Summary I-1
Proposed Rule Changes I-1
Public Comment Summary and Responses I-4
Summary of Comments and Responses I-5
Conclusion I-5
Hearing Officer’s Recommendation I-6
CHAPTER II Rules Proposed for Amendment II-1
CHAPTER III Report of Proceedings III-1
Introduction III-2
Hearing Officer Appointment Letter III-3
Public Notice III-5
Public Hearing Transcript III-7
Public Hearing Attendance List III-8
Public Hearing Sign-in Sheet III-9
CHAPTER IV Exhibits IV-1
Proposed Regulations as Published in the North Carolina
Register and Presented at the Hearing
IV-2
Hearing Officer’s Suggested Hearing Comments IV-23
CHAPTER V Comments During Comment Period V-1
CHAPTER VI Attachments VI-1
Regulatory Impact Analysis VI-2
CHAPTER VII Documentation VII-1

A-3

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A-4
CHAPTER I
Summaries and Recommendations
Proposed amendments to 15A NCAC 02D .0103, .0501, .0546, .0605, .1903, .1904, .1905, and .2203 and
15A NCAC 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505, .0507, .0508, and .0710.
BACKGROUND AND SUMMARY
The rules in 15A NCAC, Subchapters 02D and 02Q, currently require many applications, reports, and
other documentation to be submitted to the Division of Air Quality (DAQ) in hard copy format,
sometimes requiring multiple paper copies. Further, submittals related to federal regulations, such as Title
V permit applications, can only be provided electronically if submitted through a system that is approved
by the United States Environmental Protection Agency (U.S. EPA) as compliant with the Cross-Media
Electronic Reporting Rule (CROMERR) under 40 CFR Part 3.
The amendments proposed in this rulemaking are primarily to allow an option for the DAQ to receive
applications, records, and other documents electronically where paper copy submissions are currently
required, once the DAQ has developed and made available a system for receiving such records in
electronic format. The proposed revisions also include other minor changes throughout the rules to align
with and complement the Department's transition to an electronic records storage system and allow
electronic fee payments.
A public hearing was held on February 21, 2023, for the proposed amendments to 8 air quality rules in
15A NCAC 02D, and 10 air quality rules in 5A NCAC 02Q. Dr. Kim Lyerly, Environmental
Management Commission (EMC) member, was appointed and acted as the Hearing Officer for the public
hearing.
A regulatory impact analysis (RIA) was submitted to the Office of State Budget and Management
(OSBM) in accordance with G.S. §150B-21.4. The OSBM determined that regulated entities will
experience ongoing benefits from lower costs associated with printing and mailing multiple copies of
permit applications and compliance documents, while the DAQ will experience ongoing benefits from
reduced staff time otherwise spent scanning and reviewing paper records. The OSBM approved the RIA
on September 23, 2022. A copy of the approved RIA can be found in Chapter VI of this hearing record.
The proposed rules were published in the North Carolina Register, Volume 37, Issue 14, on January 17,
2023. A copy of the proposed rules as published in the North Carolina Register is provided in Chapter IV.
The proposed rule and RIA were posted on the DAQ website for the public comment period from January
17, 2023, to March 20, 2023.
PROPOSED RULE CHANGES
Amendments are proposed to eighteen rules in Subchapters 02D and 02Q in this rulemaking. The most
significant changes are proposed to Rule 02Q .0104, which contains the procedures for filing permit
applications and related materials, and Rule 02D .0605, which contains the general recordkeeping and
reporting requirements. Minor revisions are proposed to various other rules throughout Subchapters 02D
and 02Q, as detailed further below.
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Significant revisions to 15A NCAC 02Q .0104, Where to Obtain and File Permit Applications
15A NCAC 02Q .0104 is revised to outline the procedures for submitting permit applications during the
DAQ’s transition to an electronic records system, as outlined below.
Paragraph (a) is revised to provide the DAQ’s permitting website for obtaining forms, since this is how
most applicants obtain permit application forms. The revised language still allows for obtaining forms by
contacting the DAQ.
New paragraph (b) continues to require hard copy submissions for permit applications and notifications
until such time that DAQ makes available a system for receiving electronic submittals, after which
submittals may be provided in either hard copy or electronic format.
New paragraph (c) outlines the requirements for electronic permit application submittals. As described in
Section II of the fiscal note, electronic Title V applications and notifications must be submitted through a
CROMERR-compliant system. Such a requirement does not apply to minor source permit applications
issued under 15A NCAC 02Q .0300. Therefore, paragraph (b) only requires submission through a
CROMERR-compliant system for electronic Title V applications. For applicants who choose to submit
minor source permit applications electronically, applications are required to be submitted as specified on
the DAQ’s permitting website, which may be the same system as required for Title V applications. This
structure allows flexibility for minor source applications while DAQ is developing and requesting
approval of its CROMERR-compliant system. Throughout the transition, the current electronic submittal
requirements for Title V and minor source permits will be clearly stated on the DAQ’s permitting
website.
Significant revisions to 15A NCAC 02D .0605, General Recordkeeping and Reporting Requirements
15A NCAC 02D .0605 is revised to add new procedures for submitting records and reports required by
Subchapters 02D and 02Q, as new paragraph (i). The procedures mirror those for permit applications in
02Q .0104(b) and (c), continuing to require hard copies until the DAQ makes available a CROMERR-
compliant system for receiving documents electronically, after which the documents can be submitted in
either hard copy or electronic format.
Minor revisions throughout Subchapters 02D and 02Q
15A NCAC 02D .0103, Copies of Referenced Federal Regulations, is revised to remove the list of DEQ
regional offices with their respective mailing addresses, since one or more of the regional offices are
expected to change location soon. The revised language instead contains the website address where the
most recent contact information for each DAQ regional office can be found. This will allow addresses and
contact information to be updated quickly and without a rule revision, so that the most current
information can be easily obtained. Additionally, the language of paragraph (b) was updated with the
current URL for obtaining copies of the Code of Federal Regulations (CFR) and moved to the beginning
of the Rule since this is the most used method of obtaining such copies.
15A NCAC 02D .0501, Compliance with Emission Control Standards, is revised to reference Rule 02Q
.0105 in Subparagraphs (e)(1) and (2) for methods of reviewing permits.
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15A NCAC 02D .0546, Control of Emissions from Log Fumigation Operations, is revised to remove the
requirement in Subparagraph (f)(2) for an original signature, which would require submission in hard
copy format. Additionally, reference to 15A NCAC 02D .0605(i) was added to clarify the methods and
format of submitting quarterly reports.
15A NCAC 02D .1903, Open Burning Without An Air Quality Permit, is revised to change the method of
obtaining the open burning notification form from writing the regional office at its physical address, to
contacting the regional office. This allows such requests to be received by email and aligns with the
proposed revisions to Rule 02Q .1905, as described below.
15A NCAC 02D .1904, Air Curtain Incinerators, is revised to replace the option in Part (h)(2)(E) for
electronic or paper copy opacity test reports with a reference to the procedures in 15A NCAC 02D
.0605(i).
15A NCAC 02D .1905, Regional Office Locations, is revised to list the DAQ regional office website
address for obtaining contact information, rather than listing the physical address of each office.
15A NCAC 02D .2203, Public Notice, is revised to remove the requirement public notices be mailed to
interested persons. The revised language only requires that the public notice be provided to interested
persons but does not prescribe the format. These notices are provided using an email list. There have not
been any requests for copies of public notices via mail in recent years.
15A NCAC 02Q .0105, Copies of Referenced Documents, is revised to align paragraph (a) with the
changes to Rule 02D .0103. Paragraph (b) is revised to direct the public to the public access portal on the
DAQ website for reviewing permits and associated applications, rather than the Central Files office.
Paragraph (c) is revised to clarify that the $0.10 per page charge only applies to requests for paper copies
of permits and associated applications.
15A NCAC 02Q .0206, Payment of Fees, is revised to add an option for electronic fee payments, as new
paragraph (f). Permit fees are largely already being paid electronically. There are three methods of
making ePayments: 1) credit card; 2) debit card; and 3) electronic transfer of funds (eCheck). A
convenience fee is charged by a third-party provider for all online payments made by credit or debit card.
Currently, credit card transactions are charged a fee 2.65% of the amount paid, and debit card transactions
are charged a flat fee of $3.95. DEQ does not receive any portion of the fees associated with this service.
No processing fee is charged for payments made by eCheck, but a $35 penalty is charged for checks
returned due to insufficient funds, as provided by North Carolina General Statute (N.C.G.S.) 25-3-506.
15A NCAC 02Q .0304, Applications, is revised to update cross references, and remove references to
filing applications “in writing”, DAQ addresses, and multiple copies of letters and additional information.
The revised language references Rule 02Q .0104 for application submittal methods.
15A NCAC 02Q .0305, Application Submittal Content, is revised to remove references in Subparagraphs
(a)(2) through (5) to copies of applications and letters, since only one copy will be required for any
documents submitted electronically. Paragraph (b), which currently specifies the number of copies for
various types of applications, is removed.
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15A NCAC 02Q .0307, Public Participation Procedures, is revised to remove the requirement in
paragraph (b) for a public notice mailing list. The revised language instead requires a notification list,
since these notices are provided to interested persons electronically using an email list maintained by the
DAQ. There have not been any interested persons requesting hard copy mailed notices in recent years.
15A NCAC 02Q .0505, Application Submittal Content, is revised to remove requirements for multiple
copies of letters, including those required under Rule 02Q .0507(e), which is also proposed for removal in
this rulemaking.
15A NCAC 02Q .0507, Application, is revised to remove paragraphs (e) and (g), which require multiple
copies of Title V permit applications. Only one copy of Title V permit applications will be required,
regardless of whether the application is received in hard copy or electronic format.
15A NCAC 02Q .0508, Permit Content, is revised to remove a reference to physical mailing addresses for
the DAQ. The revised language references 15A NCAC 02Q .0104 for obtaining and filing forms.
15A NCAC 02Q .0710, Public Notice and Opportunity for Public Hearing, is revised to reference the
DAQ’s notification list in paragraph (b) instead of mailing list for permit public notices. Paragraph (g) is
revised to clarify that only paper copies will require a charge, since the DAQ will provide electronic
copies unless a paper copy is specifically requested.
PUBLIC COMMENT SUMMARY AND RESPONSES
The DAQ received one comment during the public hearing on the proposed amendments. The comment
was submitted by Grady McCallie of the North Carolina Conservation Network (NCCN). One additional
letter was received during the comment period, from U.S. EPA Region 4, stating no comments at this
time. A summary of the comments is provided below.
Comment: Grady McCallie, NCCN, commented that NCCN supports the rulemaking action, noting its
importance and efficiency for permittees and applicants who will be able to submit monitoring
information and reports electronically. He further commented that although not in the text of the rule,
NCCN is very interested in the public accessibility of the information, noting that the rule does not
guarantee that the information received electronically will be in a form that is easily available or useable
by the public. Mr. McCallie encouraged the DAQ and the EMC to make the information accessible not
just to the agency and permittees, but also to the public in a useable format for assessment and analysis.
He hopes that the agency could eventually have a public interface that makes it possible to download data
for assessment and analysis, also noting that data filed electronically in Portable Document Format (PDF)
is essentially unusable for most nongovernmental organizations (NGOs) because someone would need to
be hired to type the data into a database.
Response: The DAQ thanks the commenter for the organization’s support of this rulemaking
action. Although, as noted by the commenter, the recommendation regarding accessibility of data
in a usable format is outside the scope of this rulemaking, the DAQ will consider this feedback as
the agency’s systems continue to develop and evolve. Currently, official DEQ public records
available in Laserfiche are primarily provided in PDF format to preserve the contents of the
records as originally received by the Division. Interested parties may request specific information
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that is available in other formats by contacting the agency. Such requests can be made via the
online Public Records Request Form at https://www.deq.nc.gov/news/requesting-public-records,
or directed to the DAQ Public Information Officer. Contact information for the DAQ Public
Information Officer can be found at on the DAQ website at
https://www.deq.nc.gov/about/divisions/environmental-education-public-affairs/public-
information-contacts#DivisionofAirQuality-2526.
Comment: Lynorae Benjamin, U.S. EPA Region 4, commented that EPA Region 4 had reviewed the
proposed rules and had no comments at that time.
Response: The DAQ thanks the commenter for their feedback on the proposed rules.
SUMMARY OF COMMENTS AND RESPONSES
Comment Response
NCCN supports the rulemaking, recommends
making information received electronically easily
available to the public, not just the agency and
permittees, in a useable format other than PDF for
purposes of assessing and analyzing the
information.
The DAQ thanks the commenter for their support
of the rulemaking and will consider the feedback
provided as the agency’s systems develop and
evolve. Interested parties may request specific
data that is submitted electronically in formats
other than PDF from the agency.
U.S. EPA Region 4 reviewed the proposed rules
and has no comments at this time.
The DAQ thanks the commenter for their review
and feedback.
CONCLUSION
The DAQ received one set of comments during the comment period and hearing. The North Carolina
Conservation Network commented in support of the rulemaking and encouraged the EMC and DAQ to
make the information received electronically accessible to the public in a usable format for assessment
and analysis. Although the subject of the comment is outside the scope of this rulemaking, the DAQ will
consider the feedback provided as its systems develop and evolve. Interested persons may request specific
data that is submitted electronically in formats other than PDF from the agency when needed.
Additionally, the U.S. EPA Region 4 provided a letter stating that they have reviewed the rules and had
no comment during the comment period. No changes to the rules were made based on the comments
received.
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HEARING OFFICER’S RECOMMENDATION
The hearing officer recommends that the proposed amendments to the 18 air quality rules in 15A NCAC
Subchapters 02D and 02Q as presented in Chapter II of this hearing report, the final regulatory impact
analysis as presented in Chapter VI of this hearing report, and this Hearing Officer’s Report be adopted
by the Environmental Management Commission.
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CHAPTER II
Rule Change Formatting Key
Chapter IV of this hearing record represents the proposed rules as noticed in the North Carolina Register for public
comment.
Chapter II represents the proposed rules as published with changes made in response to comments received during
the public comment period incorporated.
For Rule Amendments:
Text = deleted text
Text = added text
Text = existing text in what was published in the North Carolina Register (NCR) that is
proposed to be deleted following the comment period
Text = text proposed to be added to what was published in the NCR following the
comment period
Text = text initially proposed in the NCR to be deleted that is restored following
the comment period
[Text ] = text proposed in the NCR to be added that is deleted following the comment
period
Note: For new rules proposed for adoption, all text is initially underlined. If there are changes to the proposed new
rule following publication in the NCR, the underlining is removed, deleted text is struck through, added text is
underlined, and there is no highlighting.
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15A NCAC 02D .0103 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .0103 COPIES OF REFERENCED FEDERAL REGULATIONS 3
(a) Copies of applicable Code of Federal Regulations sections referred to in this Subchapter may be obtained free of4
charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for public 5
inspection at Department of Environmental Quality regional offices upon request. The contact information for each 6
regional office is provided on the Division of Air Quality website at https://deq.nc.gov/about/divisions/air-7
quality/regional-offices. offices. They are: 8
(1)Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778;9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC10
27105;11
(3)Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina12
28115;13
(4)Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina14
27609;15
(5)Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North16
Carolina 28301;17
(6)Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889;18
and19
(7)Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405.20
(b) Copies of such rules may be obtained free of charge online at21
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. 22
23
History Note: Authority G.S. 143-215.3; 150B-21.6; 24
Eff. December 1, 1976; 25
Amended Eff. December 1, 2005; December 1, 1992; August 1, 1991; July 1, 1988; July 1, 1987; 26
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 27
2016; 28
Amended Eff. ; January 1, 2018. 29
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15A NCAC 02D .0501 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
SECTION .0500 - EMISSION CONTROL STANDARDS 3
4
15A NCAC 02D .0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS 5
(a) Purpose and Scope. The purpose of this Rule is to assure compliance with emission control standards found in 6
this Section. This Rule shall apply to all air pollution sources, both combustion and non-combustion. 7
(b) All new sources shall be in compliance prior to beginning operations. 8
(c) In addition to any control or manner of operation necessary to meet emission standards in this Section, any 9
source of air pollution shall be operated with such control or in such manner that the source shall not cause the 10
ambient air quality standards pursuant to 15A NCAC 02D .0400 to be exceeded at any point beyond the premises on 11
which the source is located. When controls more stringent than those named in the applicable emission standards in 12
this Section are required to prevent violation of the ambient air quality standards or are required to create an offset, 13
the permit shall contain a condition requiring these controls. 14
(d) The Bubble Concept. As provided in this Paragraph, a facility with multiple emission sources or multiple 15
facilities within the same area may choose to meet the total emission limitation for a given pollutant through a 16
different mix of controls than those required by the rules in 15A NCAC 02D .0500 or .0900. 17
(1) In order for this mix of alternative controls to be permitted, the Director shall determine that the 18
following conditions are met: 19
(A) Sources pursuant to 15A NCAC 02D .0524, .0530, .0531, .1110 or .1111, the federal 20
New Source Performance Standards (NSPS), the federal National Emission Standards for 21
Hazardous Air Pollutants (NESHAP), regulations established pursuant to Section 111(d) 22
of the federal Clean Air Act, or state or federal Prevention of Significant Deterioration 23
(PSD) requirements apply, shall have emissions no larger than if there were not an 24
alternative mix of controls; 25
(B) The facility or facilities is located in an attainment area or an unclassified area or in an 26
area that has been demonstrated to be attainment by the statutory deadlines with 27
reasonable further progress toward attainment for those pollutants being considered; 28
(C) All of the emission sources affected by the alternative mix are in compliance with 29
applicable regulations or are in compliance with established compliance agreements; and 30
(D) The review of an application for the proposed mix of alternative controls and the 31
enforcement of any resulting permit will not require expenditures on the part of the State 32
in excess of five times that which would otherwise be required for the review and 33
enforcement of other permits. 34
(2) The owners or operators of the facility or facilities shall demonstrate the alternative mix of 35
controls is equivalent in total allowed emissions, reliability, enforceability, and environmental 36
impact to the aggregate of the otherwise applicable individual emission standards; and 37
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(A) that the alternative mix approach does not interfere with the attainment and maintenance 1
of the ambient air quality standards and does not interfere with the PSD program, which 2
shall include modeled calculations of the amount, if any, of PSD increment consumed or 3
created; 4
(B) that the alternative mix approach conforms with reasonable further progress requirements 5
as defined in Clean Air Act Section 171(1), in any nonattainment area; 6
(C) that the emissions pursuant to the alternative mix approach are quantifiable, and trades 7
among them are equivalent; and 8
(D) that the pollutants controlled pursuant to the alternative mix approach are of the same 9
criteria pollutant categories, except that emissions of some criteria pollutants used in 10
alternative emission control strategies are subject to the limitations as defined in 44 FR 11
71784 (December 11, 1979), Subdivision D.1.c.ii. The Federal Register referenced in this 12
Part is hereby incorporated by reference and does not include subsequent amendments or 13
editions. 14
The demonstrations of equivalence shall be performed with at least the same level of detail as 15
State Implementation Plan (SIP) demonstration of attainment for the area. A copy of the SIPs can 16
be found on the DAQ website at https://deq.nc.gov/about/divisions/air-quality/air-quality-17
planning/state-implementation-plans. If the facility involves another facility in the alternative 18
strategy, it shall complete a modeling demonstration to ensure that air quality is protected. 19
Demonstrations of equivalency shall take into account differences in the level of reliability of the 20
control measures or other uncertainties. 21
(3) The emission rate limitations or control techniques of each source within the facility or facilities 22
subjected to the alternative mix of controls shall be specified in the facility's permit or facilities' 23
permits. 24
(4) Compliance schedules and enforcement actions shall not be affected because an application for an 25
alternative mix of controls is being prepared or is being reviewed. 26
(5) The Director may waive or reduce requirements in this Paragraph up to the extent allowed by the 27
Emissions Trading Policy Statement published in the Federal Register of April 7, 1982, pages 28
15076-15086, provided that the analysis required by Paragraph (e) of this Rule supports any 29
waiver or reduction of requirements. The Federal Register referenced in this Subparagraph is 30
hereby incorporated by reference and does not include subsequent amendments or editions. 31
(e) In a permit application for an alternative mix of controls pursuant to Paragraph (d) of this Rule, the owner or 32
operator of the facility shall demonstrate the proposal is equivalent to the existing requirements of the SIP in total 33
allowed emissions, enforceability, reliability, and environmental impact. The Director shall provide for public notice 34
with an opportunity for a request for public hearing following the procedures pursuant to 15A NCAC 02Q .0300 or 35
.0500, as applicable. 36
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(1) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0300, it shall 1
become a part of the state implementation plan (SIP) as an appendix available for inspection at the 2
Department's regional offices.as specified in 15A NCAC 02Q .0105. Until the U.S. Environmental 3
Protection Agency (EPA) approves the SIP revision embodying the permit containing an 4
alternative mix of controls, the facility shall continue to meet the otherwise applicable existing SIP 5
requirements. 6
(2) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0500 it shall be 7
available for inspection at the Department's regional offices. as specified in 15A NCAC 02Q 8
.0105. Until the EPA approves the Title V permit containing an alternative mix of controls, the 9
facility shall continue to meet the otherwise applicable existing SIP requirements. 10
The revision shall be submitted for approval by the EPA on the basis of the revision's consistency with EPA's 11
"Policy for Alternative Emission Reduction Options Within State Implementation Plans" as promulgated in the 12
Federal Register of December 11, 1979, pages 71780-71788, and subsequent rulings. 13
(f) If the owner or operator of any combustion and non-combustion source or control equipment subject to the 14
requirements of this Section is required to demonstrate compliance with a rule in this Section, source testing 15
procedures pursuant to 15A NCAC 02D .2600 shall be used. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 18
Eff. February 1, 1976; 19
Amended Eff. August 1, 1991; October 1, 1989; 20
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 21
effective, whichever is sooner; 22
Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996; February 1, 1995; July 1, 23
1994; 24
Readopted Eff. November 1, 2020.2020; 25
Amended Eff. 26
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15A NCAC 02D .0546 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .0546 CONTROL OF EMISSIONS FROM LOG FUMIGATION OPERATIONS 3
(a) Purpose. The purpose of this Rule is to establish emission control requirements for hazardous air pollutants and 4
toxic air pollutants from log fumigation operations. 5
(b) Definitions. For the purpose of this Rule, the following definitions and definitions in this Subchapter or 15A 6
NCAC 02Q apply: 7
(1) "Bulk or tarpaulin log fumigation" means the fumigation of logs that are placed in piles on an 8
impermeable surface and covered with a weighted-down tarpaulin. 9
(2) "Chamber log fumigation" means the fumigation of logs inside a sealed building or structure that 10
is specifically used for fumigation. Chambers used for fumigation may be either atmospheric or 11
vacuum type. 12
(3) "Container log fumigation" means the fumigation of logs inside a container where the doors of the 13
container are closed and sealed. 14
(4) "Fumigant" means the hazardous air pollutant or toxic air pollutant that is used to eliminate the 15
pests within the logs. 16
(5) "Fumigation operation" means the period of time that the fumigant is injected and retained in the 17
container, chamber, or bulk piles for the purposes of treating the logs for insects and other pests to 18
prevent the transfer of exotic organisms. 19
(6) "Hazardous air pollutant" means any pollutant listed under Section 112(b) of the federal Clean Air 20
Act in 42 U.S.C. 7412(b). 21
(7) "Public right-of-way" means an access area where people can reasonably be expected to be present 22
for any or all parts of a 24-hour period. 23
(8) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or 24
acute irritants that are listed in 15A NCAC 02D .1104. 25
(c) Applicability. This Rule applies to new, existing, and modified bulk, chamber, and container log fumigation 26
operations that use a hazardous air pollutant or toxic air pollutant as a fumigant. 27
(d) Emission Control Requirements. The owner or operator of a log fumigation operation shall comply with the 28
Toxic Air Pollutant Guidelines specified in 15A NCAC 02D .1104 and follow the procedures specified in 15A 29
NCAC 02D .1106, 15A NCAC 02Q .0709, and .0710. 30
(e) The owner or operator shall post signs notifying the public of fumigation operations. The signs shall be visible 31
and legible to the public at the fence or property line closest to any public right-of-way. The signs shall remain in 32
place at all times and shall conform to the format for placards mandated by the federally approved fumigant label. 33
(f) Monitoring, Recordkeeping and Reporting. The owner or operator of a bulk, chamber, or container log 34
fumigation operation shall comply with the requirements pursuant to 15A NCAC 02D .0600: 35
(1) The owner or operator shall send an initial notification of commencement of operations to the 36
appropriate Division of Air Quality regional office within 15 days of initial fumigation start-up. 37
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(2) The owner or operator shall submit a quarterly summary report, reports, signed by with the 1
original signature of the permittee or the authorized responsible official, of the monitoring and 2
recordkeeping activities. activities postmarked no No later than 30 days after the end of each 3
calendar year quarter. quarter, reports shall be postmarked or received by the Division in 4
accordance with 15A NCAC 02D .0605(i). The report shall contain the following: 5
(A) the company name, address, and facility ID number; 6
(B) the calendar year quarter represented by the report; 7
(C) the daily and total fumigant usage in pounds for each quarter; 8
(D) a summary of the monitoring data required by the permit that was collected during the 9
quarter; and 10
(E) a summary of exceedances from the levels established in the permit that occurred during 11
the quarter of any monitoring parameters. 12
(g) Compliance Schedule. The owner or operator of an existing log fumigation operation subject to this Rule shall 13
achieve compliance within 60 days after the Rule is effective or in accordance with an alternate compliance schedule 14
approved by the Director. In establishing an alternate compliance schedule, the Director shall consider whether the 15
compliance approach chosen by the facility involves the purchase and installation of a control device. New and 16
modified facilities shall achieve compliance with this Rule upon start-up. 17
18
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5); 19
Eff. November 1, 2020.2020; 20
Amended Eff. 21
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15A NCAC 02D .0605 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .0605 GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS 3
(a) The owner or operator of a source subject to a requirement of this Subchapters 02D or 02Q of this Chapter shall 4
maintain: 5
(1) records detailing all malfunctions pursuant to 15A NCAC 02D .0535; 6
(2) records of all testing conducted pursuant to rules in Subchapter 02D; 7
(3) records of all monitoring conducted pursuant to Subchapters 02D or 02Q of this Chapter, 8
(4) records detailing activities relating to any compliance schedule in this Subchapter; and 9
(5) for unpermitted sources, records necessary to determine compliance with rules in Subchapters 02D 10
or .02Q of this Chapter. 11
(b) The permit shall specify: 12
(1) the type of monitoring required and the frequency of the monitoring; 13
(2) the type of records to be maintained; and 14
(3) the type of reports to be submitted and the frequency of submitting these reports, as necessary to 15
determine compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission 16
standard or permit condition. 17
(c) If the Director has evidence that a source is violating an emission standard or permit condition, the Director may 18
require the owner or operator of any source subject to the requirements in Subchapters 02D or 02Q of this Chapter 19
to submit to the Director any information necessary to determine the compliance status of the source. 20
(d) The owner or operator of a source of excess emissions that last for more than four hours and that results from a 21
malfunction, a breakdown of process or control equipment, or any other abnormal conditions shall report excess 22
emissions in accordance with the requirements of 15A NCAC 02D .0535. 23
(e) Copies of all records and reports generated in response to the requirements pursuant to 15A NCAC 02D .0600 24
shall be retained by the owner or operator for a period of two years after the date that the record was made or the 25
report submitted, except that the retention period shall be extended if necessary to comply with other State or federal 26
requirements. 27
(f) All records and reports generated in response to the requirements of 15A NCAC 02D .0600 shall be made 28
available to personnel of the Division for inspection. 29
(g) The owner or operator of a source subject to the requirements of 15A NCAC 02D .0600 shall comply with the 30
requirements of 15A NCAC 02D .0600 at his or her own cost. 31
(h) No person shall falsify any information required by a rule in Subchapter 02D or a permit issued pursuant to 15A 32
NCAC 02Q. No person shall knowingly submit any falsified information required by a rule in Subchapter 02D or a 33
permit issued pursuant to Subchapter 02Q of this Chapter. 34
(i) All reports, notifications, records, or other documentation required by 15A NCAC 02D and 02Q to be provided 35
to the Division or any regional office shall be submitted as follows: 36
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(1) Except as specified in Subparagraph (2) of this Paragraph, submit the documents in hard copy 1
format to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 2
27699-1641, or regional office in accordance with 15A NCAC 02D .0103, as appropriate. 3
(2) After such time that the Division makes available a system for receiving electronic submittals, as 4
identified in 15A NCAC 02Q .0104(c)(1), documents may be submitted in electronic format 5
through such system in lieu of the procedures in Subparagraph (1) of this Paragraph. 6
7
8
History Note: Authority G.S. 143-215.3(a)(1); 143-215 -65; 143-215.66; 143-215.1078(a)(4); 9
Eff. February 1, 1976; 10
Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18, 1976; 11
Readopted Eff. November 1, 2019. 2019; 12
Amended Eff. 13
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15A NCAC 02D .1903 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT 3
(a) All open burning is prohibited except open burning allowed pursuant to Paragraph (b) of this Rule or 15A 4
NCAC 02D .1904. Except as allowed pursuant to Subparagraphs (b)(3) through (b)(9) of this Rule, open burning 5
shall not be initiated in a county that the Department or the Forsyth County Office of Environmental Assistance and 6
Protection, has forecasted to be in an Air Quality Action Day Code "Orange" or above during the 24-hour time 7
period covered by that Air Quality Action Day. 8
(b) The following types of open burning are permissible without an air quality permit. 9
(1) The open burning of leaves, logs, stumps, tree branches, or yard trimmings, if the following 10
conditions are met: 11
(A) the material burned originates on the premises of private residences and is burned on 12
those premises and does not include material collected from multiple private residences 13
and combined for burning; 14
(B) there are no public pickup services available; 15
(C) non-vegetative materials, such as household garbage, treated or coated wood, or any 16
other synthetic materials are not burned; 17
(D) the burning is initiated no earlier than 8:00 a.m. and no additional combustible material is 18
added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day; 19
(E) the burning does not create a nuisance; and 20
(F) material is not burned when the North Carolina Forest Service or other government 21
agencies have banned burning for that area. 22
The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes 23
of the application of the open burning air quality permitting exception described in this 24
Subparagraph; 25
(2) The open burning for land clearing or right-of-way maintenance if the following conditions are 26
met: 27
(A) The wind direction at the time that the burning is initiated and the wind direction as 28
forecasted by the National Weather Service at the time that the burning is initiated are 29
away from any area, including public roads within 250 feet of the burning as measured 30
from the edge of the pavement or other roadway surface, which may be affected by 31
smoke, ash, or other air pollutants from the burning; 32
(B) The location of the burning is at least 500 feet from any dwelling, group of dwellings, or 33
commercial or institutional establishment, or other occupied structure not located on the 34
property where the burning is conducted. The regional office supervisor may grant 35
exceptions to the setback requirements if: 36
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(i) a signed, written statement waiving objections to the open burning associated 1
with the land clearing operation is obtained and submitted to, and the exception 2
granted by, the regional office supervisor before the burning begins from a 3
resident or an owner of each dwelling, commercial or institutional 4
establishment, or other occupied structure within 500 feet of the open burning 5
site. In the case of a lease or rental agreement, the lessee or renter shall be the 6
person from whom permission shall be gained prior to any burning; or 7
(ii) an air curtain incinerator that complies with 15A NCAC 02D .1904 is utilized at 8
the open burning site. 9
Factors that the regional supervisor shall consider in deciding to grant the exception 10
include: all the persons who need to sign the statement waiving the objection have signed 11
it; the location of the burn; and the type, amount, and nature of the combustible 12
substances. The regional supervisor shall not grant a waiver if a college, school, licensed 13
day care, hospital, licensed rest home, or other similar institution is less than 500 feet 14
from the proposed burn site when such institution is occupied; 15
(C) Only land-cleared plant growth is burned. Heavy oils, items containing natural or 16
synthetic rubber, synthetic materials, or any materials other than plant growth shall not be 17
burned; however, kerosene, distillate oil, or diesel fuel may be used to start the fire; 18
(D) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no 19
combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on 20
the following day; 21
(E) No fires are initiated or vegetation added to existing fires when the North Carolina Forest 22
Service or other government agencies have banned burning for that area; and 23
(F) Materials are not carried off-site or transported over public roads for open burning unless 24
the materials are carried or transported to: 25
(i) Facilities permitted in accordance with 15A NCAC 02D .1904 for the operation 26
of an air curtain incinerator at a permanent site; or 27
(ii) A location, where the material is burned not more than four times per calendar 28
year, which meets all of the following criteria: 29
(I) at least 500 feet from any dwelling, group of dwellings, or commercial 30
or institutional establishment, or other occupied structure not located on 31
the property on which the burning is conducted; 32
(II) there are no more than two piles, each no more than 20 feet in diameter, 33
being burned at one time; and 34
(III) the location is not a permitted solid waste management facility; 35
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(3) camp fires and fires used solely for outdoor cooking and other recreational purposes, ceremonial 1
occasions, or for human warmth and comfort and that do not create a nuisance and do not use 2
synthetic materials, refuse, or salvageable materials for fuel; 3
(4) fires purposely set to public or private forest land for forest management practices for which 4
burning is currently acceptable to the North Carolina Forest Service; 5
(5) fires purposely set to agricultural lands for disease and pest control and fires set for other 6
agricultural or apicultural practices for which burning is currently acceptable to the North Carolina 7
Department of Agriculture and Consumer Services; 8
(6) fires purposely set for wildlife management practices for which burning is currently acceptable to 9
the Wildlife Resource Commission; 10
(7) fires for the disposal of dangerous materials when the Division has determined that it is the safest 11
and most practical method of disposal; 12
(8) fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing 13
laboratories, or other persons, for the purpose of testing or developing these materials or 14
equipment in accordance with a standard qualification program; 15
(9) fires purposely set for the instruction and training of fire-fighting personnel at permanent fire-16
fighting training facilities; 17
(10) fires purposely set for the instruction and training of fire-fighting personnel when conducted under 18
the supervision of or with the cooperation of one or more of the following agencies: 19
(A) the North Carolina Forest Service; 20
(B) the North Carolina Department of Insurance; or 21
(C) North Carolina Community Colleges; 22
(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction 23
and training of fire-fighting personnel, provided that: 24
(A) the regional office supervisor has been notified according to the procedures and deadlines 25
contained in the notification form and the regional office supervisor has granted 26
permission for the burning. The information required to be submitted in the form 27
includes: 28
(i) the address of the fire department that is requesting the training exercise; 29
(ii) the location of the training exercise; 30
(iii) a description of the type of structure or object and amount of materials to be 31
burned at the location of the training exercise; 32
(iv) the dates that the training exercise will be performed; and 33
(v) an inspection from a North Carolina Asbestos Inspector that the structure being 34
burned is free of asbestos. 35
The form shall be submitted 10 days prior to commencement of the burn. This form may 36
be obtained in electronic format at https://deq.nc.gov/about/divisions/air-quality/air-37
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quality-enforcement/open-burning/firefighter-information or by writing contacting the 1
appropriate regional office at the address as specified in 15A NCAC 02D .1905 and 2
requesting it. 3
(B) Factors that the regional office supervisor shall consider in granting permission for the 4
burning include: 5
(i) type, amount, and nature of combustible substances. The regional office 6
supervisor shall not grant permission for the burning of salvageable items or if 7
the primary purpose of the fire is to dispose of synthetic materials or refuse; 8
(ii) the burning of previously demolished structures. The regional office supervisor 9
shall not consider these structures as having training value; 10
(iii) the burning of motor vehicles. The regional office supervisor may allow an 11
exercise involving the burning of motor vehicles burned over a period of time by 12
a training unit or by several related training units if he or she determines that 13
they have training value; and 14
(iv) the distance from the location of the fire training to residential, commercial, or 15
institutional buildings or properties. 16
Any deviations from the dates and times of exercises, including additions, 17
postponements, and deletions, submitted in the schedule in the approved plan shall be 18
communicated verbally to the regional office supervisor at least one hour before the burn 19
is scheduled. 20
(12) fires for the disposal of vegetative material generated as a result of a natural disaster, such as 21
tornado, hurricane, or flood, if the regional office supervisor grants permission for the burning. 22
The person desiring to do the burning shall document and provide written notification to the 23
regional office supervisor that there is no other practical method of disposal of the waste. Factors 24
that the regional office supervisor shall consider in granting permission for the burning include 25
type, amount, location of the burning, and nature of combustible substances. The regional office 26
supervisor shall not grant permission for the burning if the primary purpose of the fire is to dispose 27
of synthetic materials or refuse or recovery of salvageable materials. Fires authorized under this 28
Subparagraph shall comply with the conditions of Parts (b)(2)(A) through (E) of this Rule. 29
(c) The authority to conduct open burning pursuant to this Section does not exempt or excuse any person from the 30
consequences, damages, or injuries that may result from this conduct. It does not excuse or exempt any person from 31
complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction 32
even though the open burning is conducted in compliance with this Section. 33
34
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-394, s.2; 35
Eff. July 1, 1996; 36
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Amended Eff. June 13, 2016; March 19, 2015; July 3, 2012; July 1, 2007; December 1, 2005; 1
June 1, 2004; July 1, 1998; 2
Readopted Eff. September 1, 2019.2019; 3
Amended Eff. 4
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15A NCAC 02D .1904 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .1904 AIR CURTAIN INCINERATORS 3
(a) Applicability. This Rule applies to the following air curtain incinerators: 4
(1) new and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2260 or 60.2970 5
through 60.2974 that combust the following materials: 6
(A) 100 percent wood waste; 7
(B) 100 percent clean lumber; 8
(C) 100 percent yard waste; or 9
(D) 100 percent mixture of only wood waste, clean lumber, and yard waste. 10
(2) new and existing temporary air curtain incinerators used at industrial, commercial, institutional, or 11
municipal sites where a temporary air curtain incinerator is defined in Subparagraph (b)(6) of this 12
Rule. 13
(b) Definitions. For the purpose of this Rule, the following definitions apply: 14
(1) "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-15
dried, and kiln-dried wood products. Clean lumber does not include wood or wood products that 16
have been painted, pigment-stained, or pressure treated, or manufactured wood products that 17
contain adhesives or resins. 18
(2) "Malfunction" means any unavoidable failure of air pollution control equipment, process 19
equipment, or a process to operate in a normal or usual manner. Failures caused entirely or in part 20
by poor maintenance, careless operations or any other upset condition within the control of the 21
emission source are not considered a malfunction. 22
(3) "New air curtain incinerator" means an air curtain incinerator that began operating on or after the 23
effective date of this Rule. 24
(4) "Operator" means the person in operational control over the open burning. 25
(5) "Permanent air curtain incinerator" means an air curtain incinerator whose owner or operator 26
operates the air curtain incinerator at one facility or site during the term of the permit. 27
(6) "Temporary air curtain incinerator" means an air curtain incinerator whose owner or operator 28
moves the air curtain incinerator to another site and operates it for land clearing or right-of-way 29
maintenance at that site at least once during the term of its permit. 30
(7) "Temporary-use air curtain incinerator used in disaster recovery" means an air curtain incinerator 31
that meets all of the following requirements: 32
(A) combusts less than 35 tons per day of debris consisting of the materials listed in Parts 33
(a)(1)(A) through (C) of this Rule; 34
(B) combusts debris within the boundaries of an area officially declared a disaster or 35
emergency by federal, state or local government; and 36
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(C) combusts debris for less than 16 weeks unless the owner or operator submits a request for 1
additional time at least 1 week prior to the end of the 16-week period and provides the 2
reasons that the additional time is needed. The Director will provide written approval for 3
the additional time if he or she finds that the additional time is warranted based on the 4
information provided in the request. 5
Examples of disasters or emergencies include tornadoes, hurricanes, floods, ice storms, 6
high winds, or acts of bioterrorism. 7
(8) "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole 8
or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and 9
shavings. Wood waste does not include: 10
(A) grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from 11
residential, commercial, institutional, or industrial sources as part of maintaining yards or 12
other private or public lands; 13
(B) construction, renovation, or demolition wastes; 14
(C) clean lumber; and 15
(D) treated wood and treated wood products, including wood products that have been painted, 16
pigment-stained, or pressure treated, or manufactured wood products that contain 17
adhesives or resins. 18
(9) "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. 19
Yard waste comes from residential, commercial/retail, institutional, or industrial sources as part of 20
maintaining yards or other private or public lands. Yard waste does not include: 21
(A) construction, renovation, or demolition wastes; 22
(B) clean lumber; and 23
(C) wood waste. 24
(c) Air curtain incinerators shall comply with the following conditions and requirements: 25
(1) the operation of air curtain incinerators in particulate and ozone nonattainment areas shall cease in 26
a county that the Department or the Forsyth County Office of Environmental Assistance and 27
Protection has forecasted to be an Air Quality Action Day Code "Orange" or above during the 24-28
hour time period covered by that Air Quality Action Day; 29
(2) the wind direction at the time that the burning is initiated and the wind direction as forecasted by 30
the National Weather Service during the time of the burning shall be away from any area, 31
including public roads within 250 feet of the burning as measured from the edge of the pavement 32
or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the 33
burning; 34
(3) no fires shall be started or material added to existing fires when the North Carolina Forest Service, 35
Fire Marshall, or other governmental agency has banned burning for that area; 36
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(4) burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. No combustible 1
materials shall be added to the air curtain incinerator prior to or after this time period; 2
(5) The air curtain incinerator shall not be operated more than the maximum source operating hours-3
per-day and days-per-week. The maximum source operating hours-per-day and days-per-week 4
shall be set to protect the ambient air quality standard and prevention of significant deterioration 5
(PSD) increment for particulate. The maximum source operating hours-per-day and days-per-week 6
shall be determined using the modeling procedures in 15A NCAC 02D .1106(b), (c), and (f). This 7
Subparagraph shall not apply to temporary air curtain incinerators; 8
(6) air curtain incinerators shall meet manufacturer's specifications for operation and upkeep to ensure 9
complete burning of material charged into the pit. Manufacturer's specifications shall be kept on 10
site and be available for inspection by Division staff; 11
(7) the owner or operator of an air curtain incinerator shall allow the ashes to cool and water the ash 12
prior to its removal to prevent the ash from becoming airborne; 13
(8) only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to 14
start the fire; and 15
(9) the location of the burning shall be at least 300 feet from any dwelling, group of dwellings, or 16
commercial or institutional establishment, or other occupied structure not located on the property 17
on which the burning is conducted. The regional office supervisor may grant exceptions to the 18
setback requirements if a signed, written statement waiving objections to the air curtain burning is 19
obtained from a resident or an owner of each dwelling, commercial or institutional establishment, 20
or other occupied structure within 300 feet of the burning site. In case of a lease or rental 21
agreement, the lessee or renter, and the property owner shall sign the statement waiving objections 22
to the burning. The statement shall be submitted to and approved by the regional office supervisor 23
before initiation of the burn. Factors that the regional supervisor shall consider in deciding to grant 24
the exception include: all the persons who need to sign the statement waiving the objection have 25
signed it; the location of the burn; and the type, amount, and nature of the combustible substances. 26
(d) Exemptions. Temporary-use air curtain incinerators used in disaster recovery are excluded from the 27
requirements of this Rule if the following conditions are met: 28
(1) the air curtain incinerator meets the definition of a temporary-use air curtain incinerators used in 29
disaster recovery as specified in Subparagraph (b)(7) of this Rule; 30
(2) the air curtain incinerator meets all the requirements pursuant to 40 CFR 60.2969 or 60.3061, as 31
applicable; and 32
(3) the air curtain incinerator is operated in a manner consistent with the operations manual for the air 33
curtain incinerator and the charge rate during all periods of operation is less than or equal to the 34
lesser of 35 tons per day or the maximum charge rate specified by the manufacturer of the air 35
curtain incinerator. 36
(e) Permitting. Air curtain incinerators shall be subject to 15A NCAC 02Q .0500. 37
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(1) The owner or operator of a new or existing permanent air curtain incinerator shall obtain a General 1
Title V Operating Permit pursuant to 15A NCAC 02Q .0509. 2
(2) The owner or operator of a new or existing temporary air curtain incinerator shall obtain a General 3
Title V Operating Permit pursuant to 15A NCAC 02Q .0510. 4
(3) The owner or operator of an existing permanent or temporary air curtain incinerator shall complete 5
and submit a permit application no later than 12 months after the effective date of this Rule. 6
(4) The owner or operator of a new permanent or temporary air curtain incinerator shall complete and 7
submit a permit application 60 days prior to the date the unit commences operation. 8
(5) The owner or operator of an existing permanent or temporary air curtain incinerator that is 9
planning to close rather than obtaining a permit pursuant to 15A NCAC 02Q .0509 or 15A NCAC 10
02Q .0510 shall submit a closure notification to the Director no later than 12 months after the 11
effective date of this Rule. 12
(f) Opacity limits. 13
(1) The owner or operator of an existing air curtain incinerators shall meet the following opacity 14
limits: 15
(A) Maintain opacity to less than or equal to 35 percent opacity (as determined by the average 16
of 3 1-hour blocks consisting of 10 6-minute average opacity values) during startup of the 17
air curtain incinerator, where startup is defined as the first 30 minutes of operation. 18
(B) Maintain opacity to less than or equal to 10 percent opacity (as determined by the average 19
of 3 1-hour blocks consisting of 10 6-minute average opacity values) at all times, other 20
than during startup or during malfunctions. 21
(2) The owner or operator of a new air curtain incinerator shall meet the opacity limits specified in 22
Subparagraph (f)(1) of this Rule within 60 days after air curtain incinerator reaches the charge rate 23
at which it will operate, but no later than 180 days after its initial startup. 24
(g) Performance tests. 25
(1) All initial and annual opacity tests shall be conducted using 40 CFR 60 Appendix A-4 Test 26
Method 9 to determine compliance with the opacity limitations specified in Subparagraph (f)(1) of 27
this Rule. 28
(2) The owner or operator of an existing air curtain incinerator shall conduct an initial performance 29
test for opacity as specified in 40 CFR 60.8 on or before 90 days after the effective date of this 30
rule. 31
(3) The owner or operator of a new air curtain incinerator shall conduct an initial performance test for 32
opacity as specified in 40 CFR 60.8 within 60 days after achieving the maximum charge rate at 33
which the affected air curtain incinerator will be operated, but not later than 180 days after initial 34
startup of the air curtain incinerator. 35
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(4) After the initial test for opacity, the owner or operator of a new or existing air curtain incinerator 1
subject to this Rule shall conduct annual opacity tests on the air curtain incinerator no more than 2
12 calendar months following the date of the previous test. 3
(5) The owner or operator of an existing air curtain incinerator that has ceased operations and is 4
restarting after more than 12 months since the previous test shall conduct an opacity test upon 5
startup of the unit. 6
(h) Recordkeeping and Reporting Requirements. 7
(1) Prior to commencing construction of an air curtain incinerator, the owner or operator of a new air 8
curtain incinerator shall submit the following information to the Director: 9
(A) a notification of intent to construct an air curtain incinerator; 10
(B) the planned initial startup date of the air curtain incinerator; and 11
(C) the materials planned to be combusted in the air curtain incinerator. 12
(2) The owner or operator of a new or existing air curtain incinerator shall do the following: 13
(A) keep records of results of all initial and annual opacity tests onsite in either paper copy or 14
electronic format for five years; 15
(B) make all records available for submission to the Director or for an inspector's onsite 16
review; 17
(C) report the results of the initial and annual opacity tests as the average of 3 1-hour blocks 18
consisting of 10 6-minute average opacity values; 19
(D) submit initial opacity test results to the Division no later than 60 days following the initial 20
test and submit annual opacity test results within 12 months following the previous 21
report; 22
(E) submit initial and annual opacity test reports to the Division as electronic or paper copy 23
specified in 15A NCAC 02D .0605(i) on or before the applicable submittal date; and 24
(F) keep a copy of the initial and annual reports onsite for a period of five years. 25
(i) In addition to complying with the requirements of this Rule, an air curtain incinerator subject to: 26
(1) 40 CFR Part 60, Subpart CCCC, shall also comply with 40 CFR 60.2245 through 60.2260; or 27
(2) 40 CFR Part 60, Subpart EEEE, shall also comply with 40 CFR 60.2970 through 60.2974. 28
29
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10); 30
143-215.108; 40 CFR 60.2865; S.L. 2011-394, s.2; 31
Eff. July 1, 1996; 32
Amended Eff. July 3, 2012; July 1, 2007; December 1, 2005; August 1, 2004; 33
Readopted Eff. September 1, 2019.2019; 34
Amended Eff. 35
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15A NCAC 02D .1905 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS 3
Inquiries, requests, and plans shall be handled by the appropriate Department of Environmental Quality regional 4
office. Contact information for each regional office can be found on the Division website at 5
https://deq.nc.gov/about/divisions/air-quality/regional-offices. They are: 6
(1) Asheville Regional Office, 2090 U.S. 70 Highway, Swannanoa, North Carolina 28778; 7
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, North 8
Carolina 27105; 9
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 10
28115; 11
(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27609; 12
(5) Fayetteville Regional Office, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301; 13
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 14
and 15
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 18
Eff. July 1, 1996; 19
Amended Eff. December 1, 2005; 20
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 21
2016; 22
Amended Eff. ; September 1, 2019. 23
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15A NCAC 02D .2203 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02D .2203 PUBLIC NOTICE 3
(a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The 4
Commission may specify other conditions for Special Orders issued without consent if such conditions are necessary 5
to achieve or demonstrate compliance with a requirement under this Subchapter or 15A NCAC 02Q. 6
(b) Notice of proposed Consent Order: 7
(1) The Director shall give notice pursuant to G.S. 143-215.110(a1). 8
(2) The Director shall give notice of a proposed Consent Order 30 days prior to any final action 9
regarding the Consent Order. 10
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 11
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 12
and provided to those persons specified in G.S. 143-215.110(a1)(1) for air quality special orders. 13
(4) The notice shall include at least the following: 14
(A) name, address, and telephone number of the Division; 15
(B) name and address of the person to whom the proposed order is directed; 16
(C) a brief summary of the conditions of the proposed order, including the period of time 17
during which action must be taken to achieve compliance and the major permit 18
conditions or emission standards that the source will be allowed to exceed during the 19
pendency of the order; 20
(D) a brief description of the procedures to be followed by the Commission or Director in 21
reaching a final decision on the proposed order, which shall include descriptions of the 22
process for submitting comments and requesting a public hearing. The description shall 23
specify that comments and requests for a public hearing are to be received by the 24
Division within 30 days following the date of public notice; and 25
(E) a description of the information available for public review, where it can be found, and 26
procedures for obtaining copies of pertinent documents. 27
(c) Notice of public hearing for proposed Consent Order: 28
(1) The Director shall consider all requests for a public hearing, and if significant public interest for a 29
public hearing exists, then he or she shall hold a public hearing. 30
(2) The Director shall give notice of the public hearing at least 30 days before the hearing. 31
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 32
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 33
and provided to those persons specified in G.S. 143-215.110(a1)(2) for air quality special orders. 34
(4) The notice shall include the information specified in Subparagraph (b)(4) of this Rule. It shall also 35
state the time and location for the hearing and the procedures for providing comment. 36
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(5) The Chairman of the Commission or the Director shall appoint one or more hearing officers to 1
preside over the public hearing and to receive written and oral comments. The hearing officer shall 2
provide the Commission a written report of the hearing, which shall include: 3
(A) a copy of the public notice; 4
(B) a copy of all the written comments and supporting documentation received; 5
(C) a summary of all the oral comments received; 6
(D) recommendations of the hearing officer to the Commission; and 7
(E) a proposed Consent Order for the Commission's consideration. 8
(d) Any person may request to receive copies of all notices required by this Rule, and the Director shall mail 9
provide copies of notices to those who have submitted a request. 10
(e) Any Consent Order may be modified by the Director to incorporate minor modifications, such as modification 11
of standard conditions to reflect updated versions of federal or state regulations, correction of typographical errors, 12
or interim date extensions, without public notice provided that the modifications do not extend the final compliance 13
date by more than four months. 14
15
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.110; 16
Eff. April 1, 2004; 17
Readopted Eff. February 1, 2018.2018; 18
Amended Eff. 19
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15A NCAC 02Q .0104 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS 3
(a) Application forms for a permit or permit modification may be obtained from and shall be filed with the Director, 4
Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or any of the regional 5
offices listed pursuant to 15A NCAC 02Q .0105. from the Division of Air Quality website at 6
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. Any person may request to receive copies of 7
application forms available on the Division of Air Quality website, and the Director shall provide copies of forms to 8
those who have submitted a request. 9
(b) Applications for a permit or permit modification shall be submitted as follows: 10
(1) Any submittal to the Division required under 15A NCAC 02Q .0500 shall be provided in hard 11
copy format with original signature of the responsible official, as defined in 15A NCAC 02Q 12
.0503, to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 13
27699-1641. 14
(2) Any submittal to the Division required under 15A NCAC 02Q .0300 shall be provided in hard 15
copy format with original signature of the responsible official, as defined in 15A NCAC 02Q 16
.0303, to the appropriate regional office address in accordance with 15A NCAC 02Q .0105. 17
(3) After such time that the Division makes available a system for receiving electronic submittals, as 18
identified in Paragraph (c) of this Rule, submittals may be made in electronic format following the 19
procedures in Paragraph (c) of this Rule in lieu of the procedures in Subparagraphs (1) and (2) of 20
this Paragraph. 21
(c) All electronic submittals shall meet the following requirements: 22
(1) Submittals to the Division pursuant to 15A NCAC 02Q .0500 shall be made through a system that 23
has been approved by EPA as compliant with the Cross Media Electronic Reporting Rule 24
(CROMERR) under 40 CFR Part 3 . When available, a link to the approved electronic reporting 25
system will be made available on the Division of Air Quality permitting website at 26
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 27
(2) Submittals to the Division pursuant to 15A NCAC 02Q .0300 shall be made through the system 28
identified in Subparagraph (1) of this Paragraph, or as otherwise specified by the Division on its 29
permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 30
(b) The number of copies of applications to be filed shall be specified in 15A NCAC 02Q .0305 and .0507. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. January 1, 2015; August 1, 2002; July 1, 1997; 37
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Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
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15A NCAC 02Q .0105 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS 3
(a) Copies of applicable Code of Federal Regulations (CFR) sections referred to in this Subchapter may be obtained 4
free of charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for 5
public inspection at Department of Environmental Quality regional offices. offices upon request. The contact 6
information for each regional offices are: office is provided on the Division of Air Quality website at 7
https://deq.nc.gov/about/divisions/air-quality/regional -offices. 8
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 10
27105; 11
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 12
28115; 13
(4) Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 14
27609; 15
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 16
Carolina 28301; 17
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 18
and 19
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28403. 20
(b) Excluding information entitled to confidential treatment pursuant to 15A NCAC 02Q .0107, permit Permit 21
applications and permits may be reviewed at the Central Files office in the Department of Environmental Quality, 22
Green Square Office Building, 217 West Jones Street, Raleigh, North Carolina, 27603, electronically through the 23
public access portal on the Division of Air Quality website or at a Department of Environmental Quality regional 24
office, which may be contacted as specified in Paragraph (a) of this Rule. excluding information entitled to 25
confidential treatment pursuant to 15A NCAC 02Q .0107. 26
(c) CopiesPaper copies of permit applications and permits can be made requested for pickup at a Department of 27
Environmental Quality regional office for ten cents ($0.10) per page. Copies of CFR may be obtained free of charge 28
online at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectioCode=CFR. 29
30
History Note: Authority G.S. 143-215.3(a)(1); 150B-19(5); 31
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 32
becomes effective, whichever is sooner; 33
Eff. July 1, 1994; 34
Amended Eff. December 1, 2005; 35
Readopted Eff. April 1, 2018.2018; 36
Amended Eff. 37
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15A NCAC 02Q .0206 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0206 PAYMENT OF FEES 3
(a) Payment of fees required pursuant to 15A NCAC 02Q .0200 may be by check or money order made payable to 4
the N.C. Department of Environmental Quality. Annual permit fee payments shall refer to the permit number. 5
(b) If, within 30 days after being billed, the permit holder fails to pay an annual fee required pursuant to 15A NCAC 6
02Q .0200, the Director may initiate action to terminate the permit pursuant to 15A NCAC 02Q .0309 or .0519 as 7
applicable. 8
(c) A holder of multiple permits may arrange to consolidate the payment of annual fees into one annual payment. 9
(d) The payment of the permit application fee required by 15A NCAC 02Q .0200 shall accompany the application 10
and is non-refundable. 11
(e) The Division shall annually prepare and make publicly available an accounting showing aggregate fee payments 12
collected pursuant to 15A NCAC 02Q .0200 from facilities that have obtained or will obtain permits pursuant to 13
15A NCAC 02Q .0500 except synthetic minor facilities, and showing a summary of reasonable direct and indirect 14
expenditures required to develop and administer the Title V permit program. 15
(f) In lieu of the procedures in Paragraph (a) of this Rule, fees required pursuant to 15A NCAC 02Q .0200 may be 16
paid electronically if an electronic payment option is available for the applicable fee, as provided on the Division of 17
Air Quality Permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 18
19
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 20
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 21
becomes effective, whichever is sooner; 22
Eff. July 1, 1994; 23
Amended Eff. September 1, 2015; 24
Readopted Eff. April 1, 2018.2018; 25
Amended Eff. 26
27
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15A NCAC 02Q .0304 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0304 APPLICATIONS 3
(a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained 4
and shall be filed in writing according to 15A NCAC 02Q .0104. 5
(b) Information to accompany application. Along with filing a complete application form, the applicant shall also 6
file the following: 7
(1) for a new facility or an expansion of existing facility, a zoning consistency determination 8
according to G.S. 143-215.108(f) that: 9
(A) bears the date of receipt entered by the clerk of the local government; or 10
(B) consists of a letter from the local government indicating that all zoning or subdivision 11
ordinances are met by the facility; 12
(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and 13
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; 14
(3) for permit renewal, an emissions inventory that contains the information specified pursuant to 15A 15
NCAC 02D .0202, Registration of Air Pollution Sources (the applicant shall use emission 16
inventory forms or electronic data systems provided by the Division to satisfy this requirement); 17
and 18
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if this 19
information is necessary to evaluate the source, its air pollution abatement equipment, or the 20
facility: 21
(A) the applicant is financially qualified to carry out the permitted activities; or 22
(B) the applicant has substantially complied with the air quality and emissions standards 23
applicable to any activity in which the applicant has previously been engaged, and has 24
been in substantial compliance with federal and State environmental laws and rules. 25
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 (prevention of 26
significant deterioration) or .0531 (new source review for sources in nonattainment areas), applicants shall file air 27
permit applications at least 180 days before the projected construction date. For all other sources, applicants shall 28
file air permit applications at least 90 days before the projected date of construction of a new source or modification 29
of an existing source. 30
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the 31
originally permitted source, application for permit change may be made by application to the Director at the address 32
as specified in 15A NCAC 02Q .0104. The permit renewal, name, or ownership change application shall state that 33
there have been no changes in the permitted facility since the permit was last issued. 34
To make a name or ownership change, the applicant shall send the Director the copies of letters content specified in 35
15A NCAC 02Q .0305(a)(3) .0305(3) or (4) signed by the responsible official as defined in 15A NCAC 02Q .0303. 36
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(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting 1
procedures may be made by letter to the Director at the address as specified in 15A NCAC 02Q .0104. To make 2
changes in construction or test dates or reporting procedures, the applicant shall send the Director the copies of 3
letters letter specified in 15A NCAC 02Q .0305(a)(5) .0305(5) signed by the responsible official as defined in 15A 4
NCAC 02Q .0303. 5
(f) When to file applications for permit renewal. Applicants shall file applications for renewals such that they are 6
mailed to the Director at the address as specified in 15A NCAC 02Q .0104.0104 at least 90 days before expiration of 7
the permit. If a hard copy of the application is mailed to the Director, the application shall be and postmarked at least 8
90 days before expiration of the permit. 9
(g) Name or ownership change. The permittee shall file requests for permit name or ownership changes when the 10
permittee is aware of the imminent name or ownership change. 11
(h) Number of copies of additional information. The applicant shall submit the same number of copies of additional 12
information as required for the application package. 13
(i)(h) Requesting additional information. Whenever the information provided on the permit application forms does 14
not adequately describe the source or its air cleaning device, the Director may request that the applicant provide 15
other information necessary to evaluate the source or its air cleaning device. Before acting on a permit application, 16
the Director may request information from an applicant and conduct any inquiry or investigation that is necessary to 17
determine compliance with applicable standards. 18
(j)(i) Application fee. With the exceptions specified in 15A NCAC 02Q .0203(i), a non-refundable permit 19
application processing fee shall accompany each application. The permit application processing fees are listed in 20
15A NCAC 02Q .0200. A permit application shall be incomplete until the permit application processing fee is 21
received. 22
(k)(j) Correcting submittals of incorrect information. An applicant shall have a continuing obligation to submit 23
relevant facts pertaining to his or her permit application and to correct incorrect information in his or her permit 24
application. 25
(l)(k) Retaining copy of permit application package. The applicant shall retain for the duration of the permit term 26
one complete copy of the application package and all information submitted in support of the application package. 27
28
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 29
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 30
effective, whichever is sooner; 31
Eff. July 1, 1994; 32
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999; 33
Readopted Eff. April 1, 2018.2018; 34
Amended Eff. 35
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15A NCAC 02Q .0305 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT 3
(a) If an applicant does not submit the following information with the application package, the application package 4
shall be considered incomplete for processing: 5
(1) for new facilities and modified facilities: 6
(A)(a) an application fee required pursuant to 15A NCAC 02Q .0200; 7
(B)(b) a zoning consistency determination required pursuant to15A NCAC 02Q .0304(b)(1); 8
(C)(c) the documentation required pursuant to 15A NCAC 02Q .0304(b)(2) if required; 9
(D)(d) a financial qualification or substantial compliance statement if required; and 10
(E)(e) applications required pursuant to 15A NCAC 02Q .0304(a) and Paragraph (b) of this 11
Rule and signed by the responsible official; 12
(2) for renewals: one copy of the application required pursuant to 15A NCAC 02Q .0304(a) and (d) 13
and (d), signed by the responsible official official, and an emissions inventory that contains the 14
information specified pursuant to 15A NCAC 02D .0202, Registration of Air Pollution Sources; 15
(3) for a name change: one copy a letter signed by the responsible official indicating the current 16
facility name, the date on which the name change will occur, and the new facility name; 17
(4) for an ownership change: an application fee required pursuant to 15A NCAC 02Q .0200 and: 18
(A)(a) one copy of a letter signed by the seller and the buyer, indicating the change; or 19
(B)(b) one copy of a letter bearing the signature of both the seller and buyer, containing a 20
written agreement with a specific date for the transfer of permit responsibility, coverage, 21
and liability between the current and new permittee; or 22
(C)(c) submit one copy of the appropriate form provided by the Division; and 23
(5) for corrections of typographical errors; changes in name, address, or telephone number of any 24
individual identified in the permit; changes in test dates or construction dates; or similar minor 25
changes: one copy of a letter signed by the responsible official describing the proposed change and 26
explaining the need for the proposed change. 27
(b) The applicant shall submit copies of the application package as follows: 28
(1) one copy for all applications; 29
(2) one additional copy for facilities demonstrating compliance through modeling analysis; and 30
(3) three additional copies for sources subject to the requirements of 15A NCAC 02D .0530 or .0531. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. December 1, 2005; April 1, 2004; 37
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Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
3
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15A NCAC 02Q .0307 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES 3
(a) This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix 4
S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 5
40 CFR Part 51, the procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be 6
followed, respectively. 7
(b) Public notice shall be given by publication in a newspaper of general circulation in the area where the facility is 8
lo cated and shall be mailed provided to persons who are on the Division's mailing notification list for air quality 9
permit notices and to the EPA. 10
(c) The public notice shall identify: 11
(1) the affected facility; 12
(2) the name and address of the permittee; 13
(3) the name and address of the person to whom to send comments and requests for public hearing; 14
(4) the name, address, and telephone number of a Divisional staff person from whom interested 15
persons may obtain additional information, including copies of the draft permit, the application, 16
compliance plan, monitoring and compliance reports, all other relevant supporting materials, and 17
all other materials available to the Division that are relevant to the permit decision; 18
(5) the activity or activities involved in the permit action; 19
(6) any emissions change involved in any permit modification; 20
(7) a brief description of the public comment procedures; 21
(8) the procedures to follow to request a public hearing unless a public hearing has already been 22
scheduled; and 23
(9) the time and place of any hearing that has already been scheduled. 24
(d) The notice shall allow at least 30 days for public and EPA comments. 25
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 26
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 27
30 days before the public hearing. 28
(f) The Director shall make available for public inspection in at least one location in the region affected the 29
information submitted by the permit applicant and the Division's analysis of that application. 30
(g) The Director shall send EPA a copy of each draft permit subject to public and EPA comment when sending EPA 31
the notice of request for public comment for that permit and shall send EPA a copy of each such permit when it is 32
issued. 33
(h) Confidential material shall be handled in accordance with 15A NCAC 02Q .0107. 34
35
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108; 36
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Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 1
becomes effective, whichever is sooner; 2
Eff. July 1, 1994; 3
Amended Eff. July 1, 1998; 4
Readopted Eff. April 1, 2018.2018; 5
Amended Eff. 6
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15A NCAC 02Q .0505 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit the following information with its application package, the application package shall 4
be returned: 5
(1) for new facilities and modified facilities: 6
(a) an application fee as required pursuant to 15A NCAC 02Q .0200; 7
(b) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1); 8
(c) the documentation required pursuant to 15A NCAC 02Q .0507(d)(2); 9
(d) a financial qualification or substantial compliance statement if required; and 10
(e) applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), 11
signed as required by 15A NCAC 02Q .0520; 12
(2) for renewals: applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), 13
signed as required by 15A NCAC 02Q .0520; 14
(3) for a name change: three copies of a letter signed by a responsible official in accordance with 15A 15
NCAC 02Q .0520 indicating the current facility name, the date on which the name change will 16
occur, and the new facility name; 17
(4) for an ownership change: an application fee as required pursuant to 15A NCAC 02Q .0200; and 18
three copies of a letter bearing the signature of both the seller and buyer and containing a written 19
agreement with a specific date for the transfer of permit responsibility, coverage, and liability 20
between the current and new permittee; and 21
(5) for corrections of typographical errors; changes of the name, address, or telephone number of any 22
individual identified in the permit; changes in test dates or construction dates; or similar minor 23
changes: three copies of a letter signed by a responsible official in accordance with 15A NCAC 24
02Q .0520 describing the proposed change and explaining the need for the proposed change. 25
26
History Note: Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10); 143-215.108; 27
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 28
becomes effective, whichever is sooner; 29
Eff. July 1, 1994; 30
Amended Eff. April 1, 2004; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022 33
34
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15A NCAC 02Q .0507 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0507 APPLICATION 3
(a) Except for: 4
(1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515; 5
(2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or 6
(3) renewals submitted pursuant to 15A NCAC 02Q .0513; 7
the owner or operator of a source shall have 12 months after the facility or source becomes subject to the Title V 8
operating permit program pursuant to 15A NCAC 02Q .0500 to file a complete application for a permit or permit 9
revision. However, the owner or operator of a source shall not begin construction or operation of a source until he or 10
she has obtained a construction and operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and 15A NCAC 11
02Q .0504. 12
(b) An application shall include all the information described in 40 CFR 70.3(d) and 70.5(c), including a list of 13
insignificant activities because of size or production rate but not including insignificant activities because of 14
category. An application shall be certified by a responsible official for truth, accuracy, and completeness. In an 15
application submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 16
15A NCAC 02Q .0400 or 15A NCAC 02D .0530 or .0531 if the information in those applications contains 17
information required in this Section and is current, accurate, and complete. 18
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with 15A NCAC 02Q 19
.0104 on forms of the Division and shall include plans and specifications giving all necessary data and information 20
as required by this Rule. If the information provided on these forms does not describe the source or its air pollution 21
abatement equipment to the extent necessary to evaluate the application, the Director shall request that the applicant 22
provide any other information necessary to evaluate the source and its air pollution abatement equipment. 23
(d) Along with filing a complete application, the applicant shall also file the following: 24
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance 25
with G.S. 143-215.108(f) that: 26
(A) bears the date of receipt entered by the clerk of the local government; or 27
(B) consists of a letter from the local government indicating that all zoning or subdivision 28
ordinances are met by the facility; 29
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and 30
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; and 31
(3) if required by the Director, information showing that: 32
(A) the applicant is financially qualified to carry out the permitted activities; or 33
(B) the applicant has substantially complied with the air quality and emissions standards 34
applicable to any activity in which the applicant has previously been engaged and ha s 35
been in substantial compliance with federal and State environmental laws and rules. 36
(e) The applicant shall submit copies of the application package as follows: 37
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(1) for sources subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, five copies plus 1
one additional copy for each affected state that the Director has to notify pursuant to 15A NCAC 2
02Q .0521 and 15A NCAC 02Q .0522; 3
(2) for sources not subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, three copies 4
plus one additional copy for each affected state that the Director has to notify pursuant to 15A 5
NCAC 02Q .0521 and 15A NCAC 02Q .0522. 6
(f)(e) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit 7
application shall, upon becoming aware of such failure or incorrect submittal, submit such supplementary facts or 8
corrected information. In addition, an applicant shall provide additional information as necessary to address any 9
requirements that become applicable to the source after the date the applicant filed a complete application but prior 10
to release of a draft permit. 11
(g) The applicant shall submit the same number of copies of additional information as required for the application 12
package. 13
(h)(f) The submittal of a complete permit application shall not affect the requirement that any facility have a permit 14
pursuant to 15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC 02Q .0400. 15
(i)(g) The Director shall give priority to permit applications containing early reduction demonstrations pursuant to 16
Section 112(i)(5) of the federal Clean Air Act. The Director shall take final action on such permit applications after 17
receipt of the complete permit application. 18
(j)(h) Except as specified in 15A NCAC 02Q .0203(i), a non-refundable permit application processing fee, defined 19
in 15A NCAC 02Q .0200, shall accompany each application. Each permit application shall be deemed incomplete 20
until the permit application processing fee is received. 21
(k)(i) The applicant shall retain for the duration of the permit term one complete copy of the application package 22
and all information submitted in support of the application package. 23
24
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 25
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 26
becomes effective, whichever is sooner; 27
Eff. July 1, 1994; 28
Amended Eff. July 1, 1997; July 1, 1996; February 1, 1995; 29
Temporary Amendment Eff. December 1, 1999; 30
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022. 33
34
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15A NCAC 02Q .0508 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0508 PERMIT CONTENT 3
(a) A permit shall specify and reference the origin and authority for each term or condition and shall identify any 4
differences compared to the applicable requirement on which the term or condition is based. 5
(b) A permit shall specify emission limitations and standards, including operational requirements and limitations, 6
that assure compliance with all applicable requirements at the time of permit issuance. 7
(c) Where an applicable requirement of the federal Clean Air Act is more stringent than an applicable requirement 8
of rules promulgated pursuant to Title IV, both provisions shall be placed in a permit. A permit shall state that both 9
provisions are enforceable by EPA. 10
(d) A permit for sources using an alternative emission limit established in 15A NCAC 02D .0501(d) or 15A NCAC 11
02D .0952 shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be 12
quantifiable, accountable, enforceable, and based on replicable procedures. 13
(e) The expiration date of a permit shall be for a fixed term of five years for sources covered by Title IV and for a 14
term of no more than five years from the date of issuance for all other sources including solid waste incineration 15
units combusting municipal waste subject to standards in Section 129(e) of the federal Clean Air Act. 16
(f) A permit shall contain monitoring and related recordkeeping and reporting requirements as specified in 40 CFR 17
70.6(a)(3) and 70.6(c)(1), including conditions requiring: 18
(1) the permittee to submit reports of required monitoring at least every six months. The permittee 19
shall submit reports: 20
(A) on forms obtained from the Division at the address as specified in 15A NCAC 02Q 21
.0104; 22
(B) in a manner as specified by a permit condition; or 23
(C) on other forms that contain the information required by this Subchapter or as specified by 24
a permit condition; 25
(2) the permittee to report: 26
(A) malfunctions, emergencies, and other upset conditions as prescribed in 15A NCAC 02D 27
.0524, .0535, .1110, or .1111; and 28
(B) deviations quarterly from permit requirements not covered by 15A NCAC 02D .0524, 29
.0535, .1110, or .1111. The permittee shall include the probable cause of such deviations 30
and any corrective actions or preventive measures taken; and 31
(3) the responsible official to certify all deviations from permit requirements. 32
(g) At the request of a permittee, the Director may allow records to be maintained in electronic form in lieu of 33
maintaining paper records. The Director shall make this decision based on factors such as whether the electronic 34
records contain the same information as the paper records and the availability of the electronic records for inspection 35
to demonstrate compliance. 36
(h) A permit for facilities covered by 15A NCAC 02D .2100, Risk Management Program, shall contain: 37
(1) a statement listing 15A NCAC 02D .2100 as an applicable requirement; and 38
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(2) conditions that require the owner or operator of the facility to submit: 1
(A) a compliance schedule for meeting the requirements of 15A NCAC 02D .2100 by the 2
dates provided in 15A NCAC 02D .2101(a); or 3
(B) as part of the compliance certification required by Paragraph (n) of this Rule, a 4
certification statement that the source is in compliance with all requirements of 15A 5
NCAC 02D .2100, including the registration and submission of the risk management 6
plan. 7
The content of the risk management plan need not be incorporated as a permit term or condition. 8
(i) A permit shall: 9
(1) contain a condition prohibiting emissions exceeding any allowances that a facility lawfully holds 10
pursuant to Title IV but shall not limit the number of allowances held by a permittee. A permittee 11
shall not use allowances as a defense to noncompliance with any other applicable requirement; 12
(2) contain a severability clause so that various permit requirements will continue to be valid in the 13
event of a challenge to any other portion of the permit; 14
(3) state that noncompliance with any condition of the permit constitutes a violation of the Act and is 15
grounds for enforcement action; for permit termination, revocation and reissuance, or 16
modification; or for denial of a permit renewal application; 17
(4) state that the permittee may not use as a defense in an enforcement action that it would have been 18
necessary to halt or reduce the permitted activity in order to maintain compliance with the 19
conditions of the permit; 20
(5) state that the Director may reopen, modify, revoke and reissue, or terminate the permit for reasons 21
specified in 15A NCAC 02Q .0517 or .0519; 22
(6) state that the filing of a request by the permittee for a permit revision, revocation and reissuance, 23
termination, notification of planned changes, or anticipated noncompliance does not stay any 24
permit condition; 25
(7) specify the conditions in which the permit will be reopened before the expiration of the permit; 26
(8) state that the permit does not convey any property rights of any sort, or any exclusive privileges; 27
(9) state that the permittee will furnish to the Division, in a timely manner: 28
(A) any information that the Director may request in writing to determine whether cause 29
exists for modifying, revoking and reissuing, or terminating the permit or to determine 30
compliance with the permit, and 31
(B) copies of records required to be kept by the permit when such copies are requested by the 32
Director. 33
The permit shall also state that for information claimed to be confidential, the permittee may 34
furnish such records directly to EPA along with a claim of confidentiality; 35
36
(10) contain a provision to ensure that the permittee pays fees required by 15A NCAC 02Q .0200; 37
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(11) contain a condition that authorizes the permittee to make Section 502(b)(10) changes, off-permit 1
changes, or emission trades in accordance with 15A NCAC 02Q .0523; 2
(12) include all applicable requirements for all sources covered by the permit; 3
(13) include fugitive emissions in the same manner as stack emissions; 4
(14) contain a condition requiring annual reporting of actual emissions as required by 15A NCAC 02Q 5
0207; 6
(15) include all sources including insignificant activities; and 7
(16) contain other provisions the Director considers appropriate. 8
(j) A permit shall state the terms and conditions for reasonably anticipated operating scenarios identified by the 9
applicant in the application. These terms and conditions shall: 10
(1) require the permittee, contemporaneously with making a change from one operating scenario to 11
another, to record in a log at the permitted facility a record of the operating scenario in which it is 12
operating; 13
(2) extend the permit shield described in 15A NCAC 02Q .0512 to all terms and conditions in each 14
such operating scenario; and 15
(3) ensure that each operating scenario meets all applicable requirements of Subchapter 02D of this 16
Chapter and of this Section. 17
(k) A permit shall identify which terms and conditions are enforceable by the Division only. 18
(l) A permit shall state that the permittee will allow personnel of the Division to: 19
(1) enter the permittee's premises where the permitted facility is located or emissions-related activity 20
is conducted, or where records are kept by the conditions of the permit; 21
(2) have access to and copy any records that are required to be kept by the conditions of the permit; 22
(3) inspect any source, equipment, including monitoring and air pollution control equipment, 23
practices, or operations regulated or required by the permit; and 24
(4) sample or monitor substances or parameters, for the purpose of assuring compliance with the 25
permit or applicable requirements. 26
(m) When a compliance schedule is required by 40 CFR 70.5(c)(8) or by a rule contained in Subchapter 02D of this 27
Chapter, the permit shall contain the compliance schedule and shall state that the permittee shall submit at least 28
semiannually, or more frequently if specified in the applicable requirement, a progress report. The progress report 29
shall contain: 30
(1) dates for achieving the activities, milestones, or compliance required in the compliance schedule 31
and dates when such activities, milestones, or compliance were achieved; and 32
(2) an explanation of why any dates in the compliance schedule were not or will not be met and any 33
preventive or corrective measures adopted. 34
(n) The permit shall contain requirements for compliance certification with the terms and conditions in the permit 35
that are enforceable by EPA pursuant to Title V of the federal Clean Air Act, including emissions limitations, 36
standards, and work practices. The permit shall specify: 37
II-38 A-48
38 of 40
(1) the frequency, not less than annually or more frequently as specified in the applicable 1
requirements, of submissions of compliance certifications; 2
(2) a means for monitoring the compliance of the source with its emissions limitations, standards, and 3
work practices; 4
(3) a requirement that the compliance certification include: 5
(A) the identification of each term or condition of the permit that is the basis of the 6
certification; 7
(B) the status of compliance with the terms and conditions of the permit for the period 8
covered by the certification, based on the methods or means designated in 40 CFR 9
70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account 10
in the compliance certification. The certification shall also identify as possible exceptions 11
to compliance any periods during which compliance was required and in which an 12
excursion or exceedance as defined in 40 CFR 64 occurred; 13
(C) whether compliance was continuous or intermittent; 14
(D) the identification of the methods or other means used by the owner and operator for 15
determining the compliance status with each term and condition during the certification 16
period; these methods shall include the methods and means required in 40 CFR Part 17
70.6(a)(3).The owner or operator also shall identify any other material information that 18
shall be included in the certification to comply with Section 113(c)(2) of the federal 19
Clean Air Act, which prohibits knowingly making a false certification or omitting 20
material information; and 21
(E) such other facts as the Director may require to determine the compliance status of the 22
source; and 23
(4) that all compliance certifications be submitted to EPA as well as to the Division. 24
25
History Note: Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108; 26
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is 27
sooner; 28
Eff. July 1, 1994; 29
Amended Eff. July 1, 1996; 30
Temporary Amendment Eff. December 1, 1999; 31
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; 32
July 1, 2000; 33
Readopted Eff. April 1, 2018; 34
Amended Eff. ; September 1, 2022 35
II-39 A-49
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15A NCAC 02Q .0710 is proposed for amendment as published in 37:14 NCR 980 as follows: 1
2
15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING 3
(a) If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) 4
or (b), the Commission or its delegate shall approve or disapprove the permit after a public notice with an 5
opportunity for a public hearing. 6
(b) The public notice shall be given by publication in a newspaper of general circulation in the area where the 7
facility is located and shall be mailed provided to persons who are on the Division's mailing notification list for air 8
quality permit notices. 9
(c) The public notice shall identify: 10
(1) the affected facility; 11
(2) the name and address of the permittee; 12
(3) the name and address of the person to whom to send comments and requests for public hearing; 13
(4) the name, address, and telephone number of a Divisional staff person from whom interested 14
persons may obtain additional information, including copies of the draft permit, the application, 15
compliance plan, pollution prevention plan, monitoring and compliance reports, all other relevant 16
supporting materials, and all other materials available to the Division that are relevant to the 17
permit decision; 18
(5) the activity or activities involved in the permit action; 19
(6) emissions change involved in the proposed permit modification; 20
(7) a brief description of the public comment procedures; 21
(8) the procedures to follow to request a public hearing unless a public hearing has already been 22
scheduled; and 23
(9) the time and place of a hearing that has already been scheduled. 24
(d) The notice shall allow at least 30 days for public comments. 25
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 26
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 27
30 days before the public hearing. 28
(f) The Director shall make available for public inspection, in at least one location in the region affected, the 29
information submitted by the permit applicant and the Division's analysis of that application. 30
(g) Any persons requesting paper copies of material identified in Subparagraph (c)(4) of this Rule shall pay ten 31
cents ($0.10) per page for each page copied. Confidential material shall be handled in accordance with 15A NCAC 32
02Q .0107. 33
34
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; 35
Rule originally codified as part of 15A NCAC 2H .0610; 36
Eff. July 1, 1998; 37
II-40 A-50
40 of 40
Readopted Eff. July 1, 2018.2018; 1
Amended Eff. 2
3
4
5
II-41 A-51
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II-42 A-52

CHAPTER III
REPORT OF PROCEEDINGS
PAGE
Introduction III-2
Hearing Officer Appointment Letter III-3
Public Notice III-5
Public Hearing Transcript III-7
Public Hearing Attendance List III-8
Public Hearing Sign-In Sheet III-9
III-1 A-53
CHAPTER III
REPORT OF PROCEEDINGS
Introduction
The Department of Environmental Quality, Division of Air Quality, held a public hearing on
February 21, 2023, at 6:00 pm in Raleigh, North Carolina, and virtually via Cisco’s WebEx
teleconferencing service.
The hearing considered the proposed amendments to 15A NCAC 02D .0103, .0501, .0546,
.0605, .1903, .1904, .1905, and .2203 and 15A NCAC 02Q .0104, .0105, .0206, .0304, .0305,
.0307, .0505, .0507, .0508, and .0710.
The proposed effective date for these rules is projected to be July 1, 2023.
A public notice announcing this hearing was emailed to each person on the interested party email
distribution list. The public notice was also published in the North Carolina Register at least 15
days before the public hearing and posted on the North Carolina Division of Air Quality website
at least 30 days prior to the public hearing.
III-2 A-54
February 21, 2023
To: Dr. H. Kim Lyerly
From: Robin W. Smith, EMC Chair
Subject: Hearing Officer Appointment
A public hearing has been scheduled for February 21, 2023 at 6:00 p.m. in the Green
Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC
27603, to receive public comments on the amendments to Rules: 15A NCAC 02D .0103, Copies
of Referenced Federal Regulations, 15A NCAC 02D .0500, Emission Control Standards, 15A
NCAC 02D .0605, General Recordkeeping and Reporting Requirements, 15A NCAC 02D .1900,
Open Burning, 15A NCAC 02D .2203, Public Notice, 15A NCAC 02Q .0100, General
Provisions, 15A NCAC 02Q .0206, Payment of Fees, 15A NCAC 02Q .0300, Construction and
Operation Permits, 15A NCAC 02Q .0500, Title V Procedures, and 15A NCAC 02Q .0710,
Public Notice and Opportunity for Public Hearing, and accompanying regulatory impact
analysis. The public notice for the hearing is attached.
I am hereby appointing you to serve as hearing officer for this hearing. Please receive all
relevant public comment and report your findings and recommendations to the Environmental
Management Commission. Ms. Katherine Quinlan will provide Division of Air Quality staff
support for the hearing.
If you have any questions, please feel free to contact Katherine Quinlan at (919) 707-
8702, or me.
Attachment
cc: Mike Abraczinskas
III-3 A-55
Lois Thomas
Hearing Record File
III-4 A-56
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
PUBLIC NOTICE
Notice is hereby given for public comment to be received by the North Carolina Department of Environmental
Quality, Division of Air Quality, concerning the proposed amendment of air quality rules.
PURPOSE:
BACKGROUND:
DATE AND
LOCATION:
To receive comments on the proposed amendments to eighteefl rules in 15A NCAC,
Subchapters 02D and 02Q, to allow electronic submittal of documents. Also, to receive
comment on the accompanying regulatory impact analysis for the proposed amendments.
The rules in 15A NCAC, Subchapters 02D and 020, currently require many applications,
reports, and other documentation to be submitted to the Division of Air Quality (DAQ) in
hard copy format, sometimes requiring multiple paper copies. Further, submittals related to
federal regulations, such as Title V permit applications, can only be provided electronically if
submitted through a system that is approved by the United States Environmental Protection
Agency (US EPA) as compliant with the Cross-Media Electronic Reporting Rule (CROM ERR)
under 40 CFR Part 3.
The amendments proposed in this rulemaking are primarily to allow an option for the DAQ
to receive applications, records, and other documents electronically where paper copy
submissions are currently required, once the DAQ has developed and made available a
system for receiving such records in electronic format. The proposed revisions also include
other minor changes throughout the rules to align with and complement the Department's
transition to an electronic records storage system and allow electronic fee payments.
The regulatory impact analysis estimated savings to the DAQ and regulated community and
was approved by the Office of State Budget and Management on September 23, 2022. On
November 10, 2022, the Environmental Management Commission approved proceeding to
public comment on the proposed amendments. The text of the rules and regulatory impact
analysis are available on the DAQ website:
http ://de g.nc.gov/about/divisions /air-g uality/air-g uality-rules /rules-hearin g-p rocess.
NOTE: The proposed amendments considered in this hearing, if adopted, will be effective
statewide and submitted to the US EPA to be included in the North Carolina State
Implementation Plan (SIP); if they are later adopted by a local air pollution control agency,
then that agency will enforce them in its area of jurisdiction .
February 21, 2023 at 6:00pm
DEQ Green Square Office Building, 1st Floor Training Room (#1210)
217 West Jones Street, Raleigh, NC 27603; or
Cisco WebEx, Digital Hearing Link: https://bit.ly/3UX223w Event password: NCDAQ
Audio conference: To receive a call back, provide your phone number when you join the
event, or call the number below and enter the access code.
US TOLL [phone], Access code: 2430 592 4126
*If you wish to speak at the digital public hearing, you must register, provide the required
information, and follow instructions on ways to join the public hearing. Registration must be
completed by 4:00 PM on February 21, 2023. To register, please click the following link:
https://forms .office.com /g/B8tW jj mkhw
III-5 A-57
COMMENT
PROCEDURES:
INFORMATION:
DATE:
*For instructions on ways to join the public hearing, please refer to the following link:
https://files.nc.gov/ncde q/Air%20 Quality/rules /hearin g/instructions-on-wa ys-to-join-
webex. pdf
htt ps://www.webex.com /test-meetin g.html
*If you h.ave technical difficulties, the following automated voice mail has been set up to
receive your verbal comments: 919-707-8429
Si necesita esta informaci6n en espafiol, comunfquese con Carolina llamando al 919-609-
2189 o enviando un correo electr6nico [e-mail]
All persons interested in these matters are invited to attend the public hearing.
Any person desiring to comment is requested to submit a written statement for inclusion
in the record of proceedings at the public hearing. Please note that the hearing officer may
limit the length of oral presentations if many people wish to speak. The public comment
period is open beginning January 17, 2023, through March 20, 2023. To be included in the
hearing record, all comments must be postmarked, emailed, or received by the Division (if
delivering in person) no later than March 20, 2023.
Copies of the proposed rule changes may be downloaded at
htt p://de q.nc.gov /about/divisions /air-quality/air-q uality-rules /rules-hearin g-process. Copies
of the proposals may also be reviewed at the regional offices of the North Carolina
Department of Environmental Quality, Division of Air Quality, located at the following cities:
Asheville [phone]
Fayetteville [phone]
Mooresville {704) 663-1699
Raleigh [phone]
Washington [phone]
Wilmington [phone]
Winston-Salem {336) 776-9800
Comments should be submitted to; and additional information concerning the hearing or
the proposed rulemaking may be obtained by contacting:
Ms. Katherine Quinlan
Division of Air Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
[phone] Phone
[phone] Fax (Please address it to "Katherine Quinlan")
da q.p ubliccomments @ncdenr.gov
(Please type "Electronic Documents Rule Revisions" in the subject line)
III-6 A-58
Transcript
A transcript of the February 21, 2023, Raleigh and virtual hearing has not been prepared;
however, an audio recording of the proceeding will be kept on file with the Division of
Air Quality for one year from the date of the final actions by the Environmental
Management Commission.
A list of those attending the Raleigh and virtual hearing are as follows:
Hearing Officer:
Dr. Kim Lyerly, Environmental Management Commission
Staff Members of the Division of Air Quality or other state employees:
Randy Strait, DAQ, DEQ
Katherine Quinlan, DAQ, DEQ
Angela Ortega, DAQ, DEQ
Bradley Nelson, DAQ, DEQ
Shawn Taylor, DAQ, DEQ
Steve Hall, DAQ, DEQ
Tony Pendola, DEACS, DEQ
Members of the General Public
Ross Smith, North Carolina Manufacturers Association (NCMA)
Grady McCallie, North Carolina Conservation Network (NCCN)
Tom Timms, All4inc
III-7 A-59
First Name Last Name Organization (If Information Available) Oral
Comment?
Angela Ortega DAQ No
Bradley Nelson DAQ No
Grady McCallie North Carolina Conservation Network
(NCCN)
Yes
Dr. Kim Lyerly EMC – Hearing Officer
Katherine Quinlan DAQ No
Randy Strait DAQ No
Ross Smith North Carolina Manufacturers Association
(NCMA)
No
Shawn Taylor DAQ No
Steve Hall DAQ No
Tom Timms All4inc No
Tony Pendola DEQ No
Attendance Overview
Number of DAQ Staff 7
Number of EMC Members 1
Number of Public Speakers 1
Number of Public Non-Speakers 2
Grand Number of Attendees 11
III-8 A-60
III-9 A-61
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III-10 A-62
CHAPTER IV
EXHIBITS
EXHIBIT PAGE
Proposed Regulations as Published in the North Carolina Register and Presented
at the Hearing
IV-2
Hearing Officer’s Suggested Comments IV-23
IV-1 A-63
NORTH CAROLINA
REGISTER
VOLUME 37 ● ISSUE 14 ● Pages 974 – 1031
January 17, 2023
I. EXECUTIVE ORDERS
Executive Order No. 274 ....................................................................................974 – 976
II. IN ADDITION
License and Theft Bureau – Public Notice of License Application Submission 977
III. PROPOSED RULES
Health and Human Services, Department of
Child Care Commission ..................................................................................978 – 980
Environmental Quality, Department of
Environmental Management Commission ......................................................980 – 998
Coastal Resources Commission ......................................................................998 – 1009
Wildlife Resources Commission .....................................................................1009 – 1013
Administrative Hearings, Office of
Rules Review Commission .............................................................................1013 – 1022
IV. RULES REVIEW COMMISSION .................................................................1023 –1031
PUBLISHED BY
The Office of Administrative Hearings
Rules Division Donald R. van der Vaart, Director
1711 New Hope Church Road Ashley B. Snyder, Codifier of Rules
Raleigh, NC 27609 Dana McGhee, Publications Coordinator
Telephone [phone] Cathy Matthews-Thayer, Editorial Assistant
Fax [phone] Julie B. Eddins, Register Drafter
IV-2 A-64
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the
agencies below. The bolded headings are typical issues which the given agency can address but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road 984-236-1850
Raleigh, North Carolina 27609 984-236-1947 FAX
contact: Ashley B. Snyder, Codifier of Rules [e-mail] 984-236-1941
Dana McGhee, Publications Coordinator [e-mail] 984-236-1937
Cathy Matthews-Thayer, Editorial Assistant [e-mail] 984-236-1901
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road 984-236-1850
Raleigh, North Carolina 27609 984-236-1947 FAX
contact: Brian Liebman, Commission Counsel [e-mail] 984-236-1948
Lawrence Duke, Commission Counsel [e-mail] 984-236-1938
William W. Peaslee, Commission Counsel [e-mail] 984-236-1939
Seth M. Ascher, Commission Counsel [e-mail] 984-236-1934
Alexander Burgos, Paralegal [e-mail] 984-236-1940
Julie B. Eddins, Administrative Assistant [e-mail] 984-236-1935
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street
Raleigh, North Carolina 27603-8005
Contact: Julie Ventaloro, Economic Analyst [e-mail] 984-236-0694
NC Association of County Commissioners
215 North Dawson Street 919-715-2893
Raleigh, North Carolina 27603
contact: Amy Bason [e-mail]
NC League of Municipalities 919-715-2925
424 Fayetteville Street, Suite 1900
Raleigh, North Carolina 27601
contact: Monica Jackson [e-mail]
Legislative Process Concerning Rulemaking
545 Legislative Office Building
300 North Salisbury Street 919-733-2578
Raleigh, North Carolina 27611 919-715-5460 FAX
Jason Moran-Bates, Staff Attorney
Chris Saunders, Staff Attorney
Aaron McGlothlin, Staff Attorney
IV-3 A-65
PROPOSED RULES
37:14 NORTH CAROLINA REGISTER JANUARY 17, 2023
980
the child care facility, the child's parents or
legal guardian, and local partners if the plan
includes future care outside of the center.
Transition plans must be initiated at least six
months prior to a child's third birthday,
maintained in each child's file, and be available
for review by the Division; and
(3)(4) The staff/child ratio applicable for a multi-age
group as described in this Paragraph shall be
posted in that classroom in an area that parents
are able to view at all times.
Authority G.S. 110-85; 110-91(7); 143B-168.3.
SECTION .2500 - CARE FOR SCHOOL-AGE CHILDREN
10A NCAC 09 .2513 COOPERATIVE
ARRANGEMENT FOR INSTRUCTIONAL NEEDS
(a) For purposes of this Rule, "cooperative arrangement for
instructional needs" means an arrangement between a group of
parents to provide care for their school-age children in one of the
parent's homes for the purpose of supervising and facilitating the
children's online, virtual, or remote elementary or secondary
education instruction.
(b) Pursuant to G.S. 110-86(2)(i), cooperative arrangements for
instructional needs are not child care and therefore are exempt
from licensure.
Authority G.S. 110-85; 110-86; 110-88; 110-91.
SECTION .2800 - TWO THROUGH FIVE STAR RATED
LICENSES
10A NCAC 09 .2809 ENHANCED SPACE
REQUIREMENTS
(a) There shall be at least 30 square feet inside space per child per
the total licensed capacity and 75 100 square feet outside space
for one-third of the total number of the capacity for which the
center is licensed. each child using the outdoor learning
environment at any one time. In the alternative there shall be at
least 35 square feet inside space per child per the total licensed
capacity and 75 square feet outside space per child for the total
licensed capacity.
(b) There shall be an area that can be arranged for administrative
and private conference activities.
Authority G.S. 110-88(7); 110-90(4); 143B-68.3.
TITLE 15A –DEPARTMENT OF ENVIRONMENTAL
QUALITY
Notice is hereby given in accordance with G.S. 150B-21.2 that the
Environmental Management Commission intends to amend the
rules cited as 15A NCAC 02D .0103, .0501, .0546, .0605, .1903-
.1905, .2203; 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505,
.0507, .0508 and .0710.
Link to agency website pursuant to G.S. 150B-19.1(c):
http://deq.nc.gov/about/divisions/air-quality/air-quality-
rules/rules-hearing-process
Proposed Effective Date:July 1, 2023
Public Hearing:
Date:February 21, 2023
Time:6:00 p.m.
Location:
1st Floor Training Room (#1210), DEQ Green Square Office
Building, 217 West Jones St., Raleigh, NC 27603 or virtually
using Cisco WebEx, Digital Hearing Link: https://bit.ly/3UX223w
Meeting password: NCDAQ
Audio conference: To receive a call back, provide your phone
number when you join the event, or call the number below and
enter the access code. US TOLL [phone], Access code:
2430 592 4126
If you wish to speak at the digital public hearing, you must
register, provide the required information, and follow instructions
on ways to join the public hearing. Registration must be
completed by 4:00 p.m. on February 21, 2023. To register, please
go to the following link: https://forms.office.com/g/B8tWjjmkhw
*For instructions on ways to join the public hearing, please refer
to the following link:
https://files.nc.gov/ncdeq/Air%20Quality/rules/hearing/instructi
ons-on-ways-to-join-webex.pdf
https://www.webex.com/test-meeting.html
*If you have technical difficulties, the following automated
voicemail has been set up to receive your verbal comments: 919-
707-8429
Reason for Proposed Action:To receive comments on the
proposed rule amendments to allow electronic submittal of
documents and accompanying regulatory impact analysis for the
proposed amendments. The amendments proposed in this
rulemaking are primarily to allow an option for the Division of
Air Quality (DAQ) to receive applications, records, and other
documents electronically where paper copy submissions are
currently required, once the DAQ has developed and made
available a system for receiving such records in electronic format.
The proposed revisions also include other minor changes
throughout the rules to align with and complement the
Department’s transition to an electronic records storage system
and allow electronic fee payments. On November 10, 2022, the
Environmental Management Commission approved proceeding
to public comment on the proposed amendments. The text of the
rules and regulatory impact analysis are available on the DAQ
website: http://deq.nc.gov/about/divisions/air-quality/air-
quality-rules/rules-hearing-process
Comments may be submitted to: Katherine Quinlan, 217 West
Jones St., 1641 Mail Service Center, Raleigh, NC 27699-1641;
phone [phone]; fax [phone]; email
[e-mail] (Please type "Electronic
Documents Rule Revisions" in the subject line)
Comment period ends:March 20, 2023
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Procedure for Subjecting a Proposed Rule to Legislative
Review:If an objection is not resolved prior to the adoption of the
rule, a person may also submit written objections to the Rules
Review Commission after the adoption of the Rule. If the Rules
Review Commission receives written and signed objections after
the adoption of the Rule in accordance with G.S. 150B-21.3(b2)
from 10 or more persons clearly requesting review by the
legislature and the Rules Review Commission approves the rule,
the rule will become effective as provided in G.S. 150B-21.3(b1).
The Commission will receive written objections until 5:00 p.m.
on the day following the day the Commission approves the rule.
The Commission will receive those objections by mail, delivery
service, hand delivery, or facsimile transmission. If you have any
further questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 984-236-
1850.
Fiscal impact. Does any rule or combination of rules in this
notice create an economic impact? Check all that apply.
State funds affected
Local funds affected
Substantial economic impact (>= $1,000,000)
Approved by OSBM
No fiscal note required
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02D - AIR POLLUTION CONTROL
REQUIREMENTS
15A NCAC 02D .0103 COPIES OF REFERENCED
FEDERAL REGULATIONS
(a) Copies of applicable Code of Federal Regulations sections
referred to in this Subchapter may be obtained free of charge
online at https://www.govinfo.gov/app/collection/cfr/. Copies of
such rules are also available for public inspection at Department
of Environmental Quality regional offices upon request. The
contact information for each regional office is provided on the
Division of Air Quality website at
https://deq.nc.gov/about/divisions/air-quality/regional-offices.
offices. They are:
(1) Asheville Regional Office, 2090 Highway 70,
Swannanoa, North Carolina 28778;
(2) Winston-Salem Regional Office, 450 West
Hanes Mill Road, Suite 300, Winston-Salem,
NC 27105;
(3) Mooresville Regional Office, 610 East Center
Avenue, Suite 301, Mooresville, North
Carolina 28115;
(4) Raleigh Regional Office, 3800 Barrett Drive,
Post Office Box 27687, Raleigh, North
Carolina 27609;
(5) Fayetteville Regional Office, Systel Building,
225 Green Street, Suite 714, Fayetteville, North
Carolina 28301;
(6) Washington Regional Office, 943 Washington
Square Mall, Washington, North Carolina
27889; and
(7) Wilmington Regional Office, 127 Cardinal
Drive Extension, Wilmington, North Carolina
28405.
(b) Copies of such rules may be obtained free of charge online at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collecti
onCode=CFR.
Authority G.S. 143-215.3; 150B-21.6.
SECTION .0500 - EMISSION CONTROL STANDARDS
15A NCAC 02D .0501 COMPLIANCE WITH EMISSION
CONTROL STANDARDS
(a) Purpose and Scope. The purpose of this Rule is to assure
compliance with emission control standards found in this Section.
This Rule shall apply to all air pollution sources, both combustion
and non-combustion.
(b) All new sources shall be in compliance prior to beginning
operations.
(c) In addition to any control or manner of operation necessary to
meet emission standards in this Section, any source of air
pollution shall be operated with such control or in such manner
that the source shall not cause the ambient air quality standards
pursuant to 15A NCAC 02D .0400 to be exceeded at any point
beyond the premises on which the source is located. When
controls more stringent than those named in the applicable
emission standards in this Section 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.
(d) The Bubble Concept. As provided in this Paragraph, a facility
with multiple emission sources or multiple facilities within the
same area may choose to meet the total emission limitation for a
given pollutant through a different mix of controls than those
required by the rules in 15A NCAC 02D .0500 or .0900.
(1) In order for this mix of alternative controls to
be permitted, the Director shall determine that
the following conditions are met:
(A) Sources pursuant to 15A NCAC 02D
.0524, .0530, .0531, .1110 or .1111,
the federal New Source Performance
Standards (NSPS), the federal
National Emission Standards for
Hazardous Air Pollutants (NESHAP),
regulations established pursuant to
Section 111(d) of the federal Clean Air
Act, or state or federal Prevention of
Significant Deterioration (PSD)
requirements apply, shall have
emissions no larger than if there were
not an alternative mix of controls;
(B) The facility or facilities is located in an
attainment area or an unclassified area
or in an area that has been
demonstrated to be attainment by the
statutory deadlines with reasonable
further progress toward attainment for
those pollutants being considered;
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(C) All of the emission sources affected by
the alternative mix are in compliance
with applicable regulations or are in
compliance with established
compliance agreements; and
(D) The review of an application for the
proposed mix of alternative controls
and the enforcement of any resulting
permit will not require expenditures
on the part of the State in excess of five
times that which would otherwise be
required for the review and
enforcement of other permits.
(2) The owners or operators of the facility or
facilities shall demonstrate the alternative mix
of controls is equivalent in total allowed
emissions, reliability, enforceability, and
environmental impact to the aggregate of the
otherwise applicable individual emission
standards; and
(A) that the alternative mix approach does
not interfere with the attainment and
maintenance of the ambient air quality
standards and does not interfere with
the PSD program, which shall include
modeled calculations of the amount, if
any, of PSD increment consumed or
created;
(B) that the alternative mix approach
conforms with reasonable further
progress requirements as defined in
Clean Air Act Section 171(1), in any
nonattainment area;
(C) that the emissions pursuant to the
alternative mix approach are
quantifiable, and trades among them
are equivalent; and
(D) that the pollutants controlled pursuant
to the alternative mix approach are of
the same criteria pollutant categories,
except that emissions of some criteria
pollutants used in alternative emission
control strategies are subject to the
limitations as defined in 44 FR 71784
(December 11, 1979), Subdivision
D.1.c.ii. The Federal Register
referenced in this Part is hereby
incorporated by reference and does not
include subsequent amendments or
editions.
The demonstrations of equivalence shall be
performed with at least the same level of detail
as State Implementation Plan (SIP)
demonstration of attainment for the area. A
copy of the SIPs can be found on the DAQ
website at
https://deq.nc.gov/about/divisions/air-
quality/air-quality-planning/state-
implementation-plans. If the facility involves
another facility in the alternative strategy, it
shall complete a modeling demonstration to
ensure that air quality is protected.
Demonstrations of equivalency shall take into
account differences in the level of reliability of
the control measures or other uncertainties.
(3) The emission rate limitations or control
techniques of each source within the facility or
facilities subjected to the alternative mix of
controls shall be specified in the facility's
permit or facilities' permits.
(4) Compliance schedules and enforcement actions
shall not be affected because an application for
an alternative mix of controls is being prepared
or is being reviewed.
(5) The Director may waive or reduce requirements
in this Paragraph up to the extent allowed by the
Emissions Trading Policy Statement published
in the Federal Register of April 7, 1982, pages
15076-15086, provided that the analysis
required by Paragraph (e) of this Rule supports
any waiver or reduction of requirements. The
Federal Register referenced in this
Subparagraph is hereby incorporated by
reference and does not include subsequent
amendments or editions.
(e) In a permit application for an alternative mix of controls
pursuant to Paragraph (d) of this Rule, the owner or operator of
the facility shall demonstrate the proposal is equivalent to the
existing requirements of the SIP in total allowed emissions,
enforceability, reliability, and environmental impact. The
Director shall provide for public notice with an opportunity for a
request for public hearing following the procedures pursuant to
15A NCAC 02Q .0300 or .0500, as applicable.
(1) If a permit containing these conditions is issued
pursuant to 15A NCAC 02Q .0300, it shall
become a part of the state implementation plan
(SIP) as an appendix available for inspection at
the Department's regional offices. as specified
in 15A NCAC 02Q .0105. Until the U.S.
Environmental Protection Agency (EPA)
approves the SIP revision embodying the
permit containing an alternative mix of
controls, the facility shall continue to meet the
otherwise applicable existing SIP requirements.
(2) If a permit containing these conditions is issued
pursuant to 15A NCAC 02Q .0500 it shall be
available for inspection at the Department's
regional offices. as specified in 15A NCAC
02Q .0105. Until the EPA approves the Title V
permit containing an alternative mix of
controls, the facility shall continue to meet the
otherwise applicable existing SIP requirements.
The revision shall be submitted for approval by the EPA on the
basis of the revision's consistency with EPA's "Policy for
Alternative Emission Reduction Options Within State
Implementation Plans" as promulgated in the Federal Register of
December 11, 1979, pages 71780-71788, and subsequent rulings.
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37:14 NORTH CAROLINA REGISTER JANUARY 17, 2023
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(f) If the owner or operator of any combustion and
non-combustion source or control equipment subject to the
requirements of this Section is required to demonstrate
compliance with a rule in this Section, source testing procedures
pursuant to 15A NCAC 02D .2600 shall be used.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5).

15A NCAC 02D .0546 CONTROL OF EMISSIONS
FROM LOG FUMIGATION OPERATIONS
(a) Purpose. The purpose of this Rule is to establish emission
control requirements for hazardous air pollutants and toxic air
pollutants from log fumigation operations.
(b) Definitions. For the purpose of this Rule, the following
definitions and definitions in this Subchapter or 15A NCAC 02Q
apply:
(1) "Bulk or tarpaulin log fumigation" means the
fumigation of logs that are placed in piles on an
impermeable surface and covered with a
weighted-down tarpaulin.
(2) "Chamber log fumigation" means the
fumigation of logs inside a sealed building or
structure that is specifically used for
fumigation. Chambers used for fumigation may
be either atmospheric or vacuum type.
(3) "Container log fumigation" means the
fumigation of logs inside a container where the
doors of the container are closed and sealed.
(4) "Fumigant" means the hazardous air pollutant
or toxic air pollutant that is used to eliminate the
pests within the logs.
(5) "Fumigation operation" means the period of
time that the fumigant is injected and retained
in the container, chamber, or bulk piles for the
purposes of treating the logs for insects and
other pests to prevent the transfer of exotic
organisms.
(6) "Hazardous air pollutant" means any pollutant
listed under Section 112(b) of the federal Clean
Air Act in 42 U.S.C. 7412(b).
(7) "Public right-of-way" means an access area
where people can reasonably be expected to be
present for any or all parts of a 24-hour period.
(8) "Toxic air pollutant" means any of the
carcinogens, chronic toxicants, acute systemic
toxicants, or acute irritants that are listed in 15A
NCAC 02D .1104.
(c) Applicability. This Rule applies to new, existing, and
modified bulk, chamber, and container log fumigation operations
that use a hazardous air pollutant or toxic air pollutant as a
fumigant.
(d) Emission Control Requirements. The owner or operator of a
log fumigation operation shall comply with the Toxic Air
Pollutant Guidelines specified in 15A NCAC 02D .1104 and
follow the procedures specified in 15A NCAC 02D .1106, 15A
NCAC 02Q .0709, and .0710.
(e) The owner or operator shall post signs notifying the public of
fumigation operations. The signs shall be visible and legible to the
public at the fence or property line closest to any public right-of-
way. The signs shall remain in place at all times and shall conform
to the format for placards mandated by the federally approved
fumigant label.
(f) Monitoring, Recordkeeping and Reporting. The owner or
operator of a bulk, chamber, or container log fumigation operation
shall comply with the requirements pursuant to 15A NCAC 02D
.0600:
(1) The owner or operator shall send an initial
notification of commencement of operations to
the appropriate Division of Air Quality regional
office within 15 days of initial fumigation start-
up.
(2) The owner or operator shall submit a quarterly
summary report, reports, signed by with the
original signature of the permittee or the
authorized responsible official, of the
monitoring and recordkeeping activities.
activities postmarked no No later than 30 days
after the end of each calendar year quarter.
quarter, reports shall be postmarked or received
by the Division in accordance with 15A NCAC
02D .0605(i). The report shall contain the
following:
(A) the company name, address, and
facility ID number;
(B) the calendar year quarter represented
by the report;
(C) the daily and total fumigant usage in
pounds for each quarter;
(D) a summary of the monitoring data
required by the permit that was
collected during the quarter; and
(E) a summary of exceedances from the
levels established in the permit that
occurred during the quarter of any
monitoring parameters.
(g) Compliance Schedule. The owner or operator of an existing
log fumigation operation subject to this Rule shall achieve
compliance within 60 days after the Rule is effective or in
accordance with an alternate compliance schedule approved by
the Director. In establishing an alternate compliance schedule, the
Director shall consider whether the compliance approach chosen
by the facility involves the purchase and installation of a control
device. New and modified facilities shall achieve compliance with
this Rule upon start-up.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-
215.107(a)(5).

SECTION .0600 - MONITORING: RECORDKEEPING:
REPORTING

15A NCAC 02D .0605 GENERAL RECORDKEEPING
AND REPORTING REQUIREMENTS
(a) The owner or operator of a source subject to a requirement of
this Subchapters 02D or 02Q of this Chapter shall maintain:
(1) records detailing all malfunctions pursuant to
15A NCAC 02D .0535;
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(2) records of all testing conducted pursuant to
rules in Subchapter 02D;
(3) records of all monitoring conducted pursuant to
Subchapters 02D or 02Q of this Chapter,
(4) records detailing activities relating to any
compliance schedule in this Subchapter; and
(5) for unpermitted sources, records necessary to
determine compliance with rules in
Subchapters 02D or .02Q of this Chapter.
(b) The permit shall specify:
(1) the type of monitoring required and the
frequency of the monitoring;
(2) the type of records to be maintained; and
(3) the type of reports to be submitted and the
frequency of submitting these reports, as
necessary to determine compliance with rules in
Subchapters 02D or 02Q of this Chapter or with
an emission standard or permit condition.
(c) If the Director has evidence that a source is violating an
emission standard or permit condition, the Director may require
the owner or operator of any source subject to the requirements in
Subchapters 02D or 02Q of this Chapter to submit to the Director
any information necessary to determine the compliance status of
the source.
(d) The owner or operator of a source of excess emissions that
last for more than four hours and that results from a malfunction,
a breakdown of process or control equipment, or any other
abnormal conditions shall report excess emissions in accordance
with the requirements of 15A NCAC 02D .0535.
(e) Copies of all records and reports generated in response to the
requirements pursuant to 15A NCAC 02D .0600 shall be retained
by the owner or operator for a period of two years after the date
that the record was made or the report submitted, except that the
retention period shall be extended if necessary to comply with
other State or federal requirements.
(f) All records and reports generated in response to the
requirements of 15A NCAC 02D .0600 shall be made available to
personnel of the Division for inspection.
(g) The owner or operator of a source subject to the requirements
of 15A NCAC 02D .0600 shall comply with the requirements of
15A NCAC 02D .0600 at his or her own cost.
(h) No person shall falsify any information required by a rule in
Subchapter 02D or a permit issued pursuant to 15A NCAC 02Q.
No person shall knowingly submit any falsified information
required by a rule in Subchapter 02D or a permit issued pursuant
to Subchapter 02Q of this Chapter.
(i) All reports, notifications, records, or other documentation
required by 15A NCAC 02D and 02Q to be provided to the
Division or any regional office shall be submitted as follows:
(1) Except as specified in Subparagraph (2) of this
Paragraph, submit the documents in hard copy
format to the Director, Division of Air Quality,
1641 Mail Service Center, Raleigh, North
Carolina 27699-1641, or regional office in
accordance with 15A NCAC 02D .0103, as
appropriate.
(2) After such time that the Division makes
available a system for receiving electronic
submittals, as identified in 15A NCAC 02Q
.0104(c)(1), documents may be submitted in
electronic format through such system in lieu of
the procedures in Subparagraph (1) of this
Paragraph.

Authority G.S. 143-215.3(a)(1); 143-215-65; 143-215.66; 143-
215.1078(a)(4).

SECTION .1900 – OPEN BURNING

15A NCAC 02D .1903 OPEN BURNING WITHOUT AN
AIR QUALITY PERMIT
(a) All open burning is prohibited except open burning allowed
pursuant to Paragraph (b) of this Rule or 15A NCAC 02D .1904.
Except as allowed pursuant to Subparagraphs (b)(3) through
(b)(9) of this Rule, open burning shall not be initiated in a county
that the Department or the Forsyth County Office of
Environmental Assistance and Protection, has forecasted to be in
an Air Quality Action Day Code "Orange" or above during the
24-hour time period covered by that Air Quality Action Day.
(b) The following types of open burning are permissible without
an air quality permit.
(1) The open burning of leaves, logs, stumps, tree
branches, or yard trimmings, if the following
conditions are met:
(A) the material burned originates on the
premises of private residences and is
burned on those premises and does not
include material collected from
multiple private residences and
combined for burning;
(B) there are no public pickup services
available;
(C) non-vegetative materials, such as
household garbage, treated or coated
wood, or any other synthetic materials
are not burned;
(D) the burning is initiated no earlier than
8:00 a.m. and no additional
combustible material is added to the
fire between 6:00 p.m. on one day and
8:00 a.m. on the following day;
(E) the burning does not create a nuisance;
and
(F) material is not burned when the North
Carolina Forest Service or other
government agencies have banned
burning for that area.
The burning of logs or stumps of any size shall
not be considered to create a nuisance for
purposes of the application of the open burning
air quality permitting exception described in
this Subparagraph;
(2) The open burning for land clearing or right-of-
way maintenance if the following conditions
are met:
(A) The wind direction at the time that the
burning is initiated and the wind
direction as forecasted by the National
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Weather Service at the time that the
burning is initiated are away from any
area, including public roads within
250 feet of the burning as measured
from the edge of the pavement or other
roadway surface, which may be
affected by smoke, ash, or other air
pollutants from the burning;
(B) The location of the burning is at least
500 feet from any dwelling, group of
dwellings, or commercial or
institutional establishment, or other
occupied structure not located on the
property where the burning is
conducted. The regional office
supervisor may grant exceptions to the
setback requirements if:
(i) a signed, written statement
waiving objections to the
open burning associated with
the land clearing operation is
obtained and submitted to,
and the exception granted by,
the regional office supervisor
before the burning begins
from a resident or an owner
of each dwelling, commercial
or institutional
establishment, or other
occupied structure within
500 feet of the open burning
site. In the case of a lease or
rental agreement, the lessee
or renter shall be the person
from whom permission shall
be gained prior to any
burning; or
(ii) an air curtain incinerator that
complies with 15A NCAC
02D .1904 is utilized at the
open burning site.
Factors that the regional supervisor
shall consider in deciding to grant the
exception include: all the persons who
need to sign the statement waiving the
objection have signed it; the location
of the burn; and the type, amount, and
nature of the combustible substances.
The regional supervisor shall not grant
a waiver if a college, school, licensed
day care, hospital, licensed rest home,
or other similar institution is less than
500 feet from the proposed burn site
when such institution is occupied;
(C) Only land-cleared plant growth is
burned. Heavy oils, items containing
natural or synthetic rubber, synthetic
materials, or any materials other than
plant growth shall not be burned;
however, kerosene, distillate oil, or
diesel fuel may be used to start the fire;
(D) Initial burning begins only between
the hours of 8:00 a.m. and 6:00 p.m.,
and no combustible material is added
to the fire between 6:00 p.m. on one
day and 8:00 a.m. on the following
day;
(E) No fires are initiated or vegetation
added to existing fires when the North
Carolina Forest Service or other
government agencies have banned
burning for that area; and
(F) Materials are not carried off-site or
transported over public roads for open
burning unless the materials are
carried or transported to:
(i) Facilities permitted in
accordance with 15A NCAC
02D .1904 for the operation
of an air curtain incinerator at
a permanent site; or
(ii) A location, where the
material is burned not more
than four times per calendar
year, which meets all of the
following criteria:
(I) at least 500 feet
from any dwelling,
group of dwellings,
or commercial or
institutional
establishment, or
other occupied
structure not located
on the property on
which the burning is
conducted;
(II) there are no more
than two piles, each
no more than 20 feet
in diameter, being
burned at one time;
and
(III) the location is not a
permitted solid
waste management
facility;
(3) camp fires and fires used solely for outdoor
cooking and other recreational purposes,
ceremonial occasions, or for human warmth
and comfort and that do not create a nuisance
and do not use synthetic materials, refuse, or
salvageable materials for fuel;
(4) fires purposely set to public or private forest
land for forest management practices for which
burning is currently acceptable to the North
Carolina Forest Service;
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(5) fires purposely set to agricultural lands for
disease and pest control and fires set for other
agricultural or apicultural practices for which
burning is currently acceptable to the North
Carolina Department of Agriculture and
Consumer Services;
(6) fires purposely set for wildlife management
practices for which burning is currently
acceptable to the Wildlife Resource
Commission;
(7) fires for the disposal of dangerous materials
when the Division has determined that it is the
safest and most practical method of disposal;
(8) fires purposely set by manufacturers of fire-
extinguishing materials or equipment, testing
laboratories, or other persons, for the purpose
of testing or developing these materials or
equipment in accordance with a standard
qualification program;
(9) fires purposely set for the instruction and
training of fire-fighting personnel at permanent
fire-fighting training facilities;
(10) fires purposely set for the instruction and
training of fire-fighting personnel when
conducted under the supervision of or with the
cooperation of one or more of the following
agencies:
(A) the North Carolina Forest Service;
(B) the North Carolina Department of
Insurance; or
(C) North Carolina Community Colleges;
(11) fires not described in Subparagraphs (9) or (10)
of this Paragraph, purposely set for the
instruction and training of fire-fighting
personnel, provided that:
(A) the regional office supervisor has been
notified according to the procedures
and deadlines contained in the
notification form and the regional
office supervisor has granted
permission for the burning. The
information required to be submitted
in the form includes:
(i) the address of the fire
department that is requesting
the training exercise;
(ii) the location of the training
exercise;
(iii) a description of the type of
structure or object and
amount of materials to be
burned at the location of the
training exercise;
(iv) the dates that the training
exercise will be performed;
and
(v) an inspection from a North
Carolina Asbestos Inspector
that the structure being
burned is free of asbestos.
The form shall be submitted 10 days
prior to commencement of the burn.
This form may be obtained in
electronic format at
https://deq.nc.gov/about/divisions/air-
quality/air-quality-enforcement/open-
burning/firefighter-information or by
writing contacting the appropriate
regional office at the address as
specified in 15A NCAC 02D .1905
and requesting it.
(B) Factors that the regional office
supervisor shall consider in granting
permission for the burning include:
(i) type, amount, and nature of
combustible substances. The
regional office supervisor
shall not grant permission for
the burning of salvageable
items or if the primary
purpose of the fire is to
dispose of synthetic materials
or refuse;
(ii) the burning of previously
demolished structures. The
regional office supervisor
shall not consider these
structures as having training
value;
(iii) the burning of motor
vehicles. The regional office
supervisor may allow an
exercise involving the
burning of motor vehicles
burned over a period of time
by a training unit or by
several related training units
if he or she determines that
they have training value; and
(iv) the distance from the location
of the fire training to
residential, commercial, or
institutional buildings or
properties.
Any deviations from the dates and
times of exercises, including
additions, postponements, and
deletions, submitted in the schedule in
the approved plan shall be
communicated verbally to the regional
office supervisor at least one hour
before the burn is scheduled.
(12) fires for the disposal of vegetative material
generated as a result of a natural disaster, such
as tornado, hurricane, or flood, if the regional
office supervisor grants permission for the
burning. The person desiring to do the burning
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987
shall document and provide written notification
to the regional office supervisor that there is no
other practical method of disposal of the waste.
Factors that the regional office supervisor shall
consider in granting permission for the burning
include type, amount, location of the burning,
and nature of combustible substances. The
regional office supervisor shall not grant
permission for the burning if the primary
purpose of the fire is to dispose of synthetic
materials or refuse or recovery of salvageable
materials. Fires authorized under this
Subparagraph shall comply with the conditions
of Parts (b)(2)(A) through (E) of this Rule.
(c) The authority to conduct open burning pursuant to this Section
does not exempt or excuse any person from the consequences,
damages, or injuries that may result from this conduct. It does not
excuse or exempt any person from complying with all applicable
laws, ordinances, rules or orders of any other governmental entity
having jurisdiction even though the open burning is conducted in
compliance with this Section.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-
394, s.2.

15A NCAC 02D .1904 AIR CURTAIN INCINERATORS
(a) Applicability. This Rule applies to the following air curtain
incinerators:
(1) new and existing air curtain incinerators subject
to 40 CFR 60.2245 through 60.2260 or 60.2970
through 60.2974 that combust the following
materials:
(A) 100 percent wood waste;
(B) 100 percent clean lumber;
(C) 100 percent yard waste; or
(D) 100 percent mixture of only wood
waste, clean lumber, and yard waste.
(2) new and existing temporary air curtain
incinerators used at industrial, commercial,
institutional, or municipal sites where a
temporary air curtain incinerator is defined in
Subparagraph (b)(6) of this Rule.
(b) Definitions. For the purpose of this Rule, the following
definitions apply:
(1) "Clean lumber" means wood or wood products
that have been cut or shaped and include wet,
air-dried, and kiln-dried wood products. Clean
lumber does not include wood or wood
products that have been painted, pigment-
stained, or pressure treated, or manufactured
wood products that contain adhesives or resins.
(2) "Malfunction" means any unavoidable failure
of air pollution control equipment, process
equipment, or a process to operate in a normal
or usual manner. Failures caused entirely or in
part by poor maintenance, careless operations
or any other upset condition within the control
of the emission source are not considered a
malfunction.
(3) "New air curtain incinerator" means an air
curtain incinerator that began operating on or
after the effective date of this Rule.
(4) "Operator" means the person in operational
control over the open burning.
(5) "Permanent air curtain incinerator" means an
air curtain incinerator whose owner or operator
operates the air curtain incinerator at one
facility or site during the term of the permit.
(6) "Temporary air curtain incinerator" means an
air curtain incinerator whose owner or operator
moves the air curtain incinerator to another site
and operates it for land clearing or right-of-way
maintenance at that site at least once during the
term of its permit.
(7) "Temporary-use air curtain incinerator used in
disaster recovery" means an air curtain
incinerator that meets all of the following
requirements:
(A) combusts less than 35 tons per day of
debris consisting of the materials
listed in Parts (a)(1)(A) through (C) of
this Rule;
(B) combusts debris within the boundaries
of an area officially declared a disaster
or emergency by federal, state or local
government; and
(C) combusts debris for less than 16 weeks
unless the owner or operator submits a
request for additional time at least 1
week prior to the end of the 16-week
period and provides the reasons that
the additional time is needed. The
Director will provide written approval
for the additional time if he or she
finds that the additional time is
warranted based on the information
provided in the request.
Examples of disasters or emergencies
include tornadoes, hurricanes, floods,
ice storms, high winds, or acts of
bioterrorism.
(8) "Wood waste" means untreated wood and
untreated wood products, including tree stumps
(whole or chipped), trees, tree limbs (whole or
chipped), bark, sawdust, chips, scraps, slabs,
millings, and shavings. Wood waste does not
include:
(A) grass, grass clippings, bushes, shrubs,
and clippings from bushes and shrubs
from residential, commercial,
institutional, or industrial sources as
part of maintaining yards or other
private or public lands;
(B) construction, renovation, or
demolition wastes;
(C) clean lumber; and
(D) treated wood and treated wood
products, including wood products
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that have been painted, pigment-
stained, or pressure treated, or
manufactured wood products that
contain adhesives or resins.
(9) "Yard waste" means grass, grass clippings,
bushes, shrubs, and clippings from bushes and
shrubs. Yard waste comes from residential,
commercial/retail, institutional, or industrial
sources as part of maintaining yards or other
private or public lands. Yard waste does not
include:
(A) construction, renovation, or
demolition wastes;
(B) clean lumber; and
(C) wood waste.
(c) Air curtain incinerators shall comply with the following
conditions and requirements:
(1) the operation of air curtain incinerators in
particulate and ozone nonattainment areas shall
cease in a county that the Department or the
Forsyth County Office of Environmental
Assistance and Protection has forecasted to be
an Air Quality Action Day Code "Orange" or
above during the 24-hour time period covered
by that Air Quality Action Day;
(2) the wind direction at the time that the burning
is initiated and the wind direction as forecasted
by the National Weather Service during the
time of the burning shall be away from any area,
including public roads within 250 feet of the
burning as measured from the edge of the
pavement or other roadway surface, which may
be affected by smoke, ash, or other air
pollutants from the burning;
(3) no fires shall be started or material added to
existing fires when the North Carolina Forest
Service, Fire Marshall, or other governmental
agency has banned burning for that area;
(4) burning shall be conducted only between the
hours of 8:00 a.m. and 6:00 p.m. No
combustible materials shall be added to the air
curtain incinerator prior to or after this time
period;
(5) The air curtain incinerator shall not be operated
more than the maximum source operating
hours-per-day and days-per-week. The
maximum source operating hours-per-day and
days-per-week shall be set to protect the
ambient air quality standard and prevention of
significant deterioration (PSD) increment for
particulate. The maximum source operating
hours-per-day and days-per-week shall be
determined using the modeling procedures in
15A NCAC 02D .1106(b), (c), and (f). This
Subparagraph shall not apply to temporary air
curtain incinerators;
(6) air curtain incinerators shall meet
manufacturer's specifications for operation and
upkeep to ensure complete burning of material
charged into the pit. Manufacturer's
specifications shall be kept on site and be
available for inspection by Division staff;
(7) the owner or operator of an air curtain
incinerator shall allow the ashes to cool and
water the ash prior to its removal to prevent the
ash from becoming airborne;
(8) only distillate oil, kerosene, diesel fuel, natural
gas, or liquefied petroleum gas may be used to
start the fire; and
(9) the location of the burning shall be at least 300
feet from any dwelling, group of dwellings, or
commercial or institutional establishment, or
other occupied structure not located on the
property on which the burning is conducted.
The regional office supervisor may grant
exceptions to the setback requirements if a
signed, written statement waiving objections to
the air curtain burning is obtained from a
resident or an owner of each dwelling,
commercial or institutional establishment, or
other occupied structure within 300 feet of the
burning site. In case of a lease or rental
agreement, the lessee or renter, and the property
owner shall sign the statement waiving
objections to the burning. The statement shall
be submitted to and approved by the regional
office supervisor before initiation of the burn.
Factors that the regional supervisor shall
consider in deciding to grant the exception
include: all the persons who need to sign the
statement waiving the objection have signed it;
the location of the burn; and the type, amount,
and nature of the combustible substances.
(d) Exemptions. Temporary-use air curtain incinerators used in
disaster recovery are excluded from the requirements of this Rule
if the following conditions are met:
(1) the air curtain incinerator meets the definition
of a temporary-use air curtain incinerators used
in disaster recovery as specified in
Subparagraph (b)(7) of this Rule;
(2) the air curtain incinerator meets all the
requirements pursuant to 40 CFR 60.2969 or
60.3061, as applicable; and
(3) the air curtain incinerator is operated in a
manner consistent with the operations manual
for the air curtain incinerator and the charge rate
during all periods of operation is less than or
equal to the lesser of 35 tons per day or the
maximum charge rate specified by the
manufacturer of the air curtain incinerator.
(e) Permitting. Air curtain incinerators shall be subject to 15A
NCAC 02Q .0500.
(1) The owner or operator of a new or existing
permanent air curtain incinerator shall obtain a
General Title V Operating Permit pursuant to
15A NCAC 02Q .0509.
(2) The owner or operator of a new or existing
temporary air curtain incinerator shall obtain a
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General Title V Operating Permit pursuant to
15A NCAC 02Q .0510.
(3) The owner or operator of an existing permanent
or temporary air curtain incinerator shall
complete and submit a permit application no
later than 12 months after the effective date of
this Rule.
(4) The owner or operator of a new permanent or
temporary air curtain incinerator shall complete
and submit a permit application 60 days prior to
the date the unit commences operation.
(5) The owner or operator of an existing permanent
or temporary air curtain incinerator that is
planning to close rather than obtaining a permit
pursuant to 15A NCAC 02Q .0509 or 15A
NCAC 02Q .0510 shall submit a closure
notification to the Director no later than 12
months after the effective date of this Rule.
(f) Opacity limits.
(1) The owner or operator of an existing air curtain
incinerators shall meet the following opacity
limits:
(A) Maintain opacity to less than or equal
to 35 percent opacity (as determined
by the average of 3 1-hour blocks
consisting of 10 6-minute average
opacity values) during startup of the
air curtain incinerator, where startup is
defined as the first 30 minutes of
operation.
(B) Maintain opacity to less than or equal
to 10 percent opacity (as determined
by the average of 3 1-hour blocks
consisting of 10 6-minute average
opacity values) at all times, other than
during startup or during malfunctions.
(2) The owner or operator of a new air curtain
incinerator shall meet the opacity limits
specified in Subparagraph (f)(1) of this Rule
within 60 days after air curtain incinerator
reaches the charge rate at which it will operate,
but no later than 180 days after its initial startup.
(g) Performance tests.
(1) All initial and annual opacity tests shall be
conducted using 40 CFR 60 Appendix A-4 Test
Method 9 to determine compliance with the
opacity limitations specified in Subparagraph
(f)(1) of this Rule.
(2) The owner or operator of an existing air curtain
incinerator shall conduct an initial performance
test for opacity as specified in 40 CFR 60.8 on
or before 90 days after the effective date of this
rule.
(3) The owner or operator of a new air curtain
incinerator shall conduct an initial performance
test for opacity as specified in 40 CFR 60.8
within 60 days after achieving the maximum
charge rate at which the affected air curtain
incinerator will be operated, but not later than
180 days after initial startup of the air curtain
incinerator.
(4) After the initial test for opacity, the owner or
operator of a new or existing air curtain
incinerator subject to this Rule shall conduct
annual opacity tests on the air curtain
incinerator no more than 12 calendar months
following the date of the previous test.
(5) The owner or operator of an existing air curtain
incinerator that has ceased operations and is
restarting after more than 12 months since the
previous test shall conduct an opacity test upon
startup of the unit.
(h) Recordkeeping and Reporting Requirements.
(1) Prior to commencing construction of an air
curtain incinerator, the owner or operator of a
new air curtain incinerator shall submit the
following information to the Director:
(A) a notification of intent to construct an
air curtain incinerator;
(B) the planned initial startup date of the
air curtain incinerator; and
(C) the materials planned to be combusted
in the air curtain incinerator.
(2) The owner or operator of a new or existing air
curtain incinerator shall do the following:
(A) keep records of results of all initial and
annual opacity tests onsite in either
paper copy or electronic format for
five years;
(B) make all records available for
submission to the Director or for an
inspector's onsite review;
(C) report the results of the initial and
annual opacity tests as the average of
3 1-hour blocks consisting of 10 6-
minute average opacity values;
(D) submit initial opacity test results to the
Division no later than 60 days
following the initial test and submit
annual opacity test results within 12
months following the previous report;
(E) submit initial and annual opacity test
reports to the Division as electronic or
paper copy specified in 15A NCAC
02D .0605(i) on or before the
applicable submittal date; and
(F) keep a copy of the initial and annual
reports onsite for a period of five
years.
(i) In addition to complying with the requirements of this Rule, an
air curtain incinerator subject to:
(1) 40 CFR Part 60, Subpart CCCC, shall also
comply with 40 CFR 60.2245 through 60.2260;
or
(2) 40 CFR Part 60, Subpart EEEE, shall also
comply with 40 CFR 60.2970 through 60.2974.

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Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-
215.107(a)(5); 143-215.107(a)(10); 143-215.108; 40 CFR
60.2865; S.L. 2011-394, s.2.

15A NCAC 02D .1905 REGIONAL OFFICE
LOCATIONS
Inquiries, requests, and plans shall be handled by the appropriate
Department of Environmental Quality regional office. Contact
information for each regional office can be found on the Division
website at https://deq.nc.gov/about/divisions/air-quality/regional-
offices. They are:
(1) Asheville Regional Office, 2090 U.S. 70
Highway, Swannanoa, North Carolina 28778;
(2) Winston-Salem Regional Office, 450 West
Hanes Mill Road, Suite 300, Winston-Salem,
North Carolina 27105;
(3) Mooresville Regional Office, 610 East Center
Avenue, Suite 301, Mooresville, North
Carolina 28115;
(4) Raleigh Regional Office, 3800 Barrett Drive,
Raleigh, North Carolina 27609;
(5) Fayetteville Regional Office, 225 Green Street,
Suite 714, Fayetteville, North Carolina 28301;
(6) Washington Regional Office, 943 Washington
Square Mall, Washington, North Carolina
27889; and
(7) Wilmington Regional Office, 127 Cardinal
Drive Extension, Wilmington, North Carolina
28405.

Authority G.S. 143-215.3(a)(1).

SECTION .2200 – SPECIAL ORDERS

15A NCAC 02D .2203 PUBLIC NOTICE
(a) The requirements of this Rule for public notice and public
hearing shall apply to Consent Orders. The Commission may
specify other conditions for Special Orders issued without consent
if such conditions are necessary to achieve or demonstrate
compliance with a requirement under this Subchapter or 15A
NCAC 02Q.
(b) Notice of proposed Consent Order:
(1) The Director shall give notice pursuant to G.S.
143-215.110(a1).
(2) The Director shall give notice of a proposed
Consent Order 30 days prior to any final action
regarding the Consent Order.
(3) The notice shall be posted on the North
Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-
quality/air-quality-enforcement/special-orders-
by-consent and provided to those persons
specified in G.S. 143-215.110(a1)(1) for air
quality special orders.
(4) The notice shall include at least the following:
(A) name, address, and telephone number
of the Division;
(B) name and address of the person to
whom the proposed order is directed;
(C) a brief summary of the conditions of
the proposed order, including the
period of time during which action
must be taken to achieve compliance
and the major permit conditions or
emission standards that the source will
be allowed to exceed during the
pendency of the order;
(D) a brief description of the procedures to
be followed by the Commission or
Director in reaching a final decision on
the proposed order, which shall
include descriptions of the process for
submitting comments and requesting a
public hearing. The description shall
specify that comments and requests
for a public hearing are to be received
by the Division within 30 days
following the date of public notice;
and
(E) a description of the information
available for public review, where it
can be found, and procedures for
obtaining copies of pertinent
documents.
(c) Notice of public hearing for proposed Consent Order:
(1) The Director shall consider all requests for a
public hearing, and if significant public interest
for a public hearing exists, then he or she shall
hold a public hearing.
(2) The Director shall give notice of the public
hearing at least 30 days before the hearing.
(3) The notice shall be posted on the North
Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-
quality/air-quality-enforcement/special-orders-
by-consent and provided to those persons
specified in G.S. 143-215.110(a1)(2) for air
quality special orders.
(4) The notice shall include the information
specified in Subparagraph (b)(4) of this Rule. It
shall also state the time and location for the
hearing and the procedures for providing
comment.
(5) The Chairman of the Commission or the
Director shall appoint one or more hearing
officers to preside over the public hearing and
to receive written and oral comments. The
hearing officer shall provide the Commission a
written report of the hearing, which shall
include:
(A) a copy of the public notice;
(B) a copy of all the written comments and
supporting documentation received;
(C) a summary of all the oral comments
received;
(D) recommendations of the hearing
officer to the Commission; and
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(E) a proposed Consent Order for the
Commission's consideration.
(d) Any person may request to receive copies of all notices
required by this Rule, and the Director shall mail provide copies
of notices to those who have submitted a request.
(e) Any Consent Order may be modified by the Director to
incorporate minor modifications, such as modification of standard
conditions to reflect updated versions of federal or state
regulations, correction of typographical errors, or interim date
extensions, without public notice provided that the modifications
do not extend the final compliance date by more than four months.

Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3);
143-215.3(a)(4); 143-215.110.

SUBCHAPTER 02Q - AIR QUALITY PERMITS
PROCEDURES

SECTION .0100 – GENERAL PROVISIONS

15A NCAC 02Q .0104 WHERE TO OBTAIN AND FILE
PERMIT APPLICATIONS
(a) Application forms for a permit or permit modification may be
obtained from and shall be filed with the Director, Division of Air
Quality, 1641 Mail Service Center, Raleigh, North Carolina
27699-1641 or any of the regional offices listed pursuant to 15A
NCAC 02Q .0105. from the Division of Air Quality website at
https://deq.nc.gov/about/divisions/air-quality/air-quality-
permitting. Any person may request to receive copies of
application forms available on the Division of Air Quality
website, and the Director shall provide copies of forms to those
who have submitted a request.
(b) Applications for a permit or permit modification shall be
submitted as follows:
(1) Any submittal to the Division required under
15A NCAC 02Q .0500 shall be provided in
hard copy format with original signature of the
responsible official, as defined in 15A NCAC
02Q .0503, to the Director, Division of Air
Quality, 1641 Mail Service Center, Raleigh,
North Carolina 27699-1641.
(2) Any submittal to the Division required under
15A NCAC 02Q .0300 shall be provided in
hard copy format with original signature of the
responsible official, as defined in 15A NCAC
02Q .0303, to the appropriate regional office
address in accordance with 15A NCAC 02Q
.0105.
(3) After such time that the Division makes
available a system for receiving electronic
submittals, as identified in Paragraph (c) of this
Rule, submittals may be made in electronic
format following the procedures in Paragraph
(c) of this Rule in lieu of the procedures in
Subparagraphs (1) and (2) of this Paragraph.
(c) All electronic submittals shall meet the following
requirements:
(1) Submittals to the Division pursuant to 15A
NCAC 02Q .0500 shall be made through a
system that has been approved by EPA as
compliant with the Cross Media Electronic
Reporting Rule (CROMERR) under 40 CFR
Part 3. When available, a link to the approved
electronic reporting system will be made
available on the Division of Air Quality
permitting website at
https://deq.nc.gov/about/divisions/air-
quality/air-quality-permitting.
(2) Submittals to the Division pursuant to 15A
NCAC 02Q .0300 shall be made through the
system identified in Subparagraph (1) of this
Paragraph, or as otherwise specified by the
Division on its permitting website at
https://deq.nc.gov/about/divisions/air-
quality/air-quality-permitting.
(b) The number of copies of applications to be filed shall be
specified in 15A NCAC 02Q .0305 and .0507.

Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109.

15A NCAC 02Q .0105 COPIES OF REFERENCED
DOCUMENTS
(a) Copies of applicable Code of Federal Regulations (CFR)
sections referred to in this Subchapter may be obtained free of
charge online at https://www.govinfo.gov/app/collection/cfr/.
Copies of such rules are also available for public inspection at
Department of Environmental Quality regional offices. offices
upon request. The contact information for each regional offices
are: office is provided on the Division of Air Quality website at
https://deq.nc.gov/about/divisions/air-quality/regional-offices.
(1) Asheville Regional Office, 2090 Highway 70,
Swannanoa, North Carolina 28778;
(2) Winston-Salem Regional Office, 450 West
Hanes Mill Road, Suite 300, Winston-Salem,
NC 27105;
(3) Mooresville Regional Office, 610 East Center
Avenue, Suite 301, Mooresville, North
Carolina 28115;
(4) Raleigh Regional Office, 3800 Barrett Drive,
Post Office Box 27687, Raleigh, North
Carolina 27609;
(5) Fayetteville Regional Office, Systel Building,
225 Green Street, Suite 714, Fayetteville, North
Carolina 28301;
(6) Washington Regional Office, 943 Washington
Square Mall, Washington, North Carolina
27889; and
(7) Wilmington Regional Office, 127 Cardinal
Drive Extension, Wilmington, North Carolina
28403.
(b) Excluding information entitled to confidential treatment
pursuant to 15A NCAC 02Q .0107, permit Permit applications
and permits may be reviewed at the Central Files office in the
Department of Environmental Quality, Green Square Office
Building, 217 West Jones Street, Raleigh, North Carolina, 27603,
electronically through the public access portal on the Division of
Air Quality website or at a Department of Environmental Quality
regional office, which may be contacted as specified in Paragraph
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992
(a) of this Rule. excluding information entitled to confidential
treatment pursuant to 15A NCAC 02Q .0107.
(c) Copies Paper copies of permit applications and permits can be
made requested for pickup at a Department of Environmental
Quality regional office for ten cents ($0.10) per page. Copies of
CFR may be obtained free of charge online at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collecti
oCode=CFR.

Authority G.S. 143-215.3(a)(1); 150B-19(5).

SECTION .0200 - PERMIT FEES

15A NCAC 02Q .0206 PAYMENT OF FEES
(a) Payment of fees required pursuant to 15A NCAC 02Q .0200
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.
(b) If, within 30 days after being billed, the permit holder fails to
pay an annual fee required pursuant to 15A NCAC 02Q .0200, the
Director may initiate action to terminate the permit pursuant to
15A NCAC 02Q .0309 or .0519 as applicable.
(c) A holder of multiple permits may arrange to consolidate the
payment of annual fees into one annual payment.
(d) The payment of the permit application fee required by 15A
NCAC 02Q .0200 shall accompany the application and is
non-refundable.
(e) The Division shall annually prepare and make publicly
available an accounting showing aggregate fee payments
collected pursuant to 15A NCAC 02Q .0200 from facilities that
have obtained or will obtain permits pursuant to 15A NCAC 02Q
.0500 except synthetic minor facilities, and showing a summary
of reasonable direct and indirect expenditures required to develop
and administer the Title V permit program.
(f) In lieu of the procedures in Paragraph (a) of this Rule, fees
required pursuant to 15A NCAC 02Q .0200 may be paid
electronically if an electronic payment option is available for the
applicable fee, as provided on the Division of Air Quality
Permitting website at https://deq.nc.gov/about/divisions/air-
quality/air-quality-permitting.

Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d).

SECTION .0300 - CONSTRUCTION AND OPERATION
PERMITS

15A NCAC 02Q .0304 APPLICATIONS
(a) Obtaining and filing application. Permit, permit modification,
or permit renewal applications may be obtained and shall be filed
in writing according to 15A NCAC 02Q .0104.
(b) Information to accompany application. Along with filing a
complete application form, the applicant shall also file the
following:
(1) for a new facility or an expansion of existing
facility, a zoning consistency determination
according to G.S. 143-215.108(f) that:
(A) bears the date of receipt entered by the
clerk of the local government; or
(B) consists of a letter from the local
government indicating that all zoning
or subdivision ordinances are met by
the facility;
(2) for a new facility or an expansion of existing
facility in an area without zoning, an affidavit
and proof of publication of a legal notice as
required pursuant to 15A NCAC 02Q .0113;
(3) for permit renewal, an emissions inventory that
contains the information specified pursuant to
15A NCAC 02D .0202, Registration of Air
Pollution Sources (the applicant shall use
emission inventory forms or electronic data
systems provided by the Division to satisfy this
requirement); and
(4) documentation showing the applicant complies
with Parts (A) or (B) of this Subparagraph if
this information is necessary to evaluate the
source, its air pollution abatement equipment,
or the facility:
(A) the applicant is financially qualified to
carry out the permitted activities; or
(B) the applicant has substantially
complied with the air quality and
emissions standards applicable to any
activity in which the applicant has
previously been engaged, and has been
in substantial compliance with federal
and State environmental laws and
rules.
(c) When to file application. For sources subject to the
requirements of 15A NCAC 02D .0530 (prevention of significant
deterioration) or .0531 (new source review for sources in
nonattainment areas), applicants shall file air permit applications
at least 180 days before the projected construction date. For all
other sources, applicants shall file air permit applications at least
90 days before the projected date of construction of a new source
or modification of an existing source.
(d) Permit renewal, name, or ownership changes with no
modifications. If no modification has been made to the originally
permitted source, application for permit change may be made by
application to the Director at the address as specified in 15A
NCAC 02Q .0104. The permit renewal, name, or ownership
change application shall state that there have been no changes in
the permitted facility since the permit was last issued.
To make a name or ownership change, the applicant shall send the
Director the copies of letters content specified in 15A NCAC 02Q
.0305(a)(3) .0305(3) or (4) signed by the responsible official as
defined in 15A NCAC 02Q .0303.
(e) Applications for date and reporting changes. Application for
changes in construction or test dates or reporting procedures may
be made by letter to the Director at the address as specified in 15A
NCAC 02Q .0104. To make changes in construction or test dates
or reporting procedures, the applicant shall send the Director the
copies of letters letter specified in 15A NCAC 02Q .0305(a)(5)
.0305(5) signed by the responsible official as defined in 15A
NCAC 02Q .0303.
(f) When to file applications for permit renewal. Applicants shall
file applications for renewals such that they are mailed to the
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Director at the address as specified in 15A NCAC 02Q .0104
.0104 at least 90 days before expiration of the permit. If a hard
copy of the application is mailed to the Director, the application
shall be and postmarked at least 90 days before expiration of the
permit.
(g) Name or ownership change. The permittee shall file requests
for permit name or ownership changes when the permittee is
aware of the imminent name or ownership change.
(h) Number of copies of additional information. The applicant
shall submit the same number of copies of additional information
as required for the application package.
(i)(h) Requesting additional information. Whenever the
information provided on the permit application forms does not
adequately describe the source or its air cleaning device, the
Director may request that the applicant provide other information
necessary to evaluate the source or its air cleaning device. Before
acting on a permit application, the Director may request
information from an applicant and conduct any inquiry or
investigation that is necessary to determine compliance with
applicable standards.
(j)(i) Application fee. With the exceptions specified in 15A
NCAC 02Q .0203(i), a non-refundable permit application
processing fee shall accompany each application. The permit
application processing fees are listed in 15A NCAC 02Q .0200. A
permit application shall be incomplete until the permit application
processing fee is received.
(k)(j) Correcting submittals of incorrect information. An
applicant shall have a continuing obligation to submit relevant
facts pertaining to his or her permit application and to correct
incorrect information in his or her permit application.
(l)(k) Retaining copy of permit application package. The
applicant shall retain for the duration of the permit term one
complete copy of the application package and all information
submitted in support of the application package.

Authority G.S. 143-215.3(a)(1); 143-215.108.

15A NCAC 02Q .0305 APPLICATION SUBMITTAL
CONTENT
(a) If an applicant does not submit the following information with
the application package, the application package shall be
considered incomplete for processing:
(1) for new facilities and modified facilities:
(A)(a) an application fee required pursuant to
15A NCAC 02Q .0200;
(B)(b) a zoning consistency determination
required pursuant to15A NCAC 02Q
.0304(b)(1);
(C)(c) the documentation required pursuant
to 15A NCAC 02Q .0304(b)(2) if
required;
(D)(d) a financial qualification or substantial
compliance statement if required; and
(E)(e) applications required pursuant to 15A
NCAC 02Q .0304(a) and Paragraph
(b) of this Rule and signed by the
responsible official;
(2) for renewals: one copy of the application
required pursuant to 15A NCAC 02Q .0304(a)
and (d) and (d), signed by the responsible
official official, and an emissions inventory that
contains the information specified pursuant to
15A NCAC 02D .0202, Registration of Air
Pollution Sources;
(3) for a name change: one copy a letter signed by
the responsible official indicating the current
facility name, the date on which the name
change will occur, and the new facility name;
(4) for an ownership change: an application fee
required pursuant to 15A NCAC 02Q .0200
and:
(A)(a) one copy of a letter signed by the seller
and the buyer, indicating the change;
or
(B)(b) one copy of a letter bearing the
signature of both the seller and buyer,
containing a written agreement with a
specific date for the transfer of permit
responsibility, coverage, and liability
between the current and new
permittee; or
(C)(c) submit one copy of the appropriate
form provided by the Division; and
(5) for corrections of typographical errors; changes
in name, address, or telephone number of any
individual identified in the permit; changes in
test dates or construction dates; or similar minor
changes: one copy of a letter signed by the
responsible official describing the proposed
change and explaining the need for the
proposed change.
(b) The applicant shall submit copies of the application package
as follows:
(1) one copy for all applications;
(2) one additional copy for facilities demonstrating
compliance through modeling analysis; and
(3) three additional copies for sources subject to the
requirements of 15A NCAC 02D .0530 or
.0531.

Authority G.S. 143-215.3(a)(1); 143-215.108.

15A NCAC 02Q .0307 PUBLIC PARTICIPATION
PROCEDURES
(a) This Rule shall not apply to sources subject to the
requirements of 15A NCAC 02D .0530 or .0531 or Appendix S
of 40 CFR Part 51. For sources subject to the requirements of 15A
NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51, the
procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of
40 CFR Part 51 shall be followed, respectively.
(b) Public notice shall be given by publication in a newspaper of
general circulation in the area where the facility is located and
shall be mailed provided to persons who are on the Division's
mailing notification list for air quality permit notices and to the
EPA.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
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(3) the name and address of the person to whom to
send comments and requests for public hearing;
(4) the name, address, and telephone number of a
Divisional staff person from whom interested
persons may obtain additional information,
including copies of the draft permit, the
application, compliance plan, monitoring and
compliance reports, all other relevant
supporting materials, and all other materials
available to the Division that are relevant to the
permit decision;
(5) the activity or activities involved in the permit
action;
(6) any emissions change involved in any permit
modification;
(7) a brief description of the public comment
procedures;
(8) the procedures to follow to request a public
hearing unless a public hearing has already
been scheduled; and
(9) the time and place of any hearing that has
already been scheduled.
(d) The notice shall allow at least 30 days for public and EPA
comments.
(e) If the Director determines that significant public interest exists
or that the public interest will be served, the Director shall require
a public hearing to be held on a draft permit. Notice of a public
hearing shall be given at least 30 days before the public hearing.
(f) The Director shall make available for public inspection in at
least one location in the region affected the information submitted
by the permit applicant and the Division's analysis of that
application.
(g) The Director shall send EPA a copy of each draft permit
subject to public and EPA comment when sending EPA the notice
of request for public comment for that permit and shall send EPA
a copy of each such permit when it is issued.
(h) Confidential material shall be handled in accordance with 15A
NCAC 02Q .0107.

Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108.

SECTION .0500 - TITLE V PROCEDURES

15A NCAC 02Q .0505 APPLICATION SUBMITTAL
CONTENT
If an applicant does not submit the following information with its
application package, the application package shall be returned:
(1) for new facilities and modified facilities:
(a) an application fee as required pursuant
to 15A NCAC 02Q .0200;
(b) a consistency determination as
required pursuant to 15A NCAC 02Q
.0507(d)(1);
(c) the documentation required pursuant
to 15A NCAC 02Q .0507(d)(2);
(d) a financial qualification or substantial
compliance statement if required; and
(e) applications as required pursuant to
15A NCAC 02Q .0507(a) and (e) and
.0507(a), signed as required by 15A
NCAC 02Q .0520;
(2) for renewals: applications as required pursuant
to 15A NCAC 02Q .0507(a) and (e) and
.0507(a), signed as required by 15A NCAC
02Q .0520;
(3) for a name change: three copies of a letter
signed by a responsible official in accordance
with 15A NCAC 02Q .0520 indicating the
current facility name, the date on which the
name change will occur, and the new facility
name;
(4) for an ownership change: an application fee as
required pursuant to 15A NCAC 02Q .0200;
and three copies of a letter bearing the signature
of both the seller and buyer and containing a
written agreement with a specific date for the
transfer of permit responsibility, coverage, and
liability between the current and new permittee;
and
(5) for corrections of typographical errors; changes
of the name, address, or telephone number of
any individual identified in the permit; changes
in test dates or construction dates; or similar
minor changes: three copies of a letter signed
by a responsible official in accordance with
15A NCAC 02Q .0520 describing the proposed
change and explaining the need for the
proposed change.

Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10);
143-215.108.

15A NCAC 02Q .0507 APPLICATION
(a) Except for:
(1) minor permit modifications covered pursuant to
15A NCAC 02Q .0515;
(2) significant modifications covered pursuant to
15A NCAC 02Q .0516(c); or
(3) renewals submitted pursuant to 15A NCAC
02Q .0513;
the owner or operator of a source shall have 12 months after the
facility or source becomes subject to the Title V operating permit
program pursuant to 15A NCAC 02Q .0500 to file a complete
application for a permit or permit revision. However, the owner
or operator of a source shall not begin construction or operation
of a source until he or she has obtained a construction and
operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and
15A NCAC 02Q .0504.
(b) An application shall include all the information described in
40 CFR 70.3(d) and 70.5(c), including a list of insignificant
activities because of size or production rate but not including
insignificant activities because of category. An application shall
be certified by a responsible official for truth, accuracy, and
completeness. In an application submitted pursuant to this Rule,
the applicant may attach copies of applications submitted
pursuant to 15A NCAC 02Q .0400 or 15A NCAC 02D .0530 or
.0531 if the information in those applications contains information
required in this Section and is current, accurate, and complete.
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(c) Application for a permit, permit revision, or permit renewal
shall be made in accordance with 15A NCAC 02Q .0104 on forms
of the Division and shall include plans and specifications giving
all necessary data and information as required by this Rule. If the
information provided on these forms does not describe the source
or its air pollution abatement equipment to the extent necessary to
evaluate the application, the Director shall request that the
applicant provide any other information necessary to evaluate the
source and its air pollution abatement equipment.
(d) Along with filing a complete application, the applicant shall
also file the following:
(1) for a new facility or an expansion of existing
facility, a consistency determination in
accordance with G.S. 143-215.108(f) that:
(A) bears the date of receipt entered by the
clerk of the local government; or
(B) consists of a letter from the local
government indicating that all zoning
or subdivision ordinances are met by
the facility;
(2) for a new facility or an expansion of an existing
facility in an area without zoning, an affidavit
and proof of publication of a legal notice as
required pursuant to 15A NCAC 02Q .0113;
and
(3) if required by the Director, information
showing that:
(A) the applicant is financially qualified to
carry out the permitted activities; or
(B) the applicant has substantially
complied with the air quality and
emissions standards applicable to any
activity in which the applicant has
previously been engaged and has been
in substantial compliance with federal
and State environmental laws and
rules.
(e) The applicant shall submit copies of the application package
as follows:
(1) for sources subject to the requirements of 15A
NCAC 02D .0530, .0531, or .1200, five copies
plus one additional copy for each affected state
that the Director has to notify pursuant to 15A
NCAC 02Q .0521 and 15A NCAC 02Q .0522;
(2) for sources not subject to the requirements of
15A NCAC 02D .0530, .0531, or .1200, three
copies plus one additional copy for each
affected state that the Director has to notify
pursuant to 15A NCAC 02Q .0521 and 15A
NCAC 02Q .0522.
(f)(e) Any applicant who fails to submit any relevant facts or who
has submitted incorrect information in a permit application shall,
upon becoming aware of such failure or incorrect submittal,
submit such supplementary facts or corrected information. In
addition, an applicant shall provide additional information as
necessary to address any requirements that become applicable to
the source after the date the applicant filed a complete application
but prior to release of a draft permit.
(g) The applicant shall submit the same number of copies of
additional information as required for the application package.
(h)(f) The submittal of a complete permit application shall not
affect the requirement that any facility have a permit pursuant to
15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC
02Q .0400.
(i)(g) The Director shall give priority to permit applications
containing early reduction demonstrations pursuant to Section
112(i)(5) of the federal Clean Air Act. The Director shall take
final action on such permit applications after receipt of the
complete permit application.
(j)(h) Except as specified in 15A NCAC 02Q .0203(i), a non-
refundable permit application processing fee, defined in 15A
NCAC 02Q .0200, shall accompany each application. Each permit
application shall be deemed incomplete until the permit
application processing fee is received.
(k)(i) The applicant shall retain for the duration of the permit term
one complete copy of the application package and all information
submitted in support of the application package.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-
215.108.

15A NCAC 02Q .0508 PERMIT CONTENT
(a) A permit shall specify and reference the origin and authority
for each term or condition and shall identify any differences
compared to the applicable requirement on which the term or
condition is based.
(b) A permit shall specify emission limitations and standards,
including operational requirements and limitations, that assure
compliance with all applicable requirements at the time of permit
issuance.
(c) Where an applicable requirement of the federal Clean Air Act
is more stringent than an applicable requirement of rules
promulgated pursuant to Title IV, both provisions shall be placed
in a permit. A permit shall state that both provisions are
enforceable by EPA.
(d) A permit for sources using an alternative emission limit
established in 15A NCAC 02D .0501(d) or 15A NCAC 02D .0952
shall contain provisions to ensure that any resulting emissions
limit has been demonstrated to be quantifiable, accountable,
enforceable, and based on replicable procedures.
(e) The expiration date of a permit shall be for a fixed term of
five years for sources covered by Title IV and for a term of no
more than five years from the date of issuance for all other sources
including solid waste incineration units combusting municipal
waste subject to standards in Section 129(e) of the federal Clean
Air Act.
(f) A permit shall contain monitoring and related recordkeeping
and reporting requirements as specified in 40 CFR 70.6(a)(3) and
70.6(c)(1), including conditions requiring:
(1) the permittee to submit reports of required
monitoring at least every six months. The
permittee shall submit reports:
(A) on forms obtained from the Division at
the address as specified in 15A NCAC
02Q .0104;
(B) in a manner as specified by a permit
condition; or
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(C) on other forms that contain the
information required by this
Subchapter or as specified by a permit
condition;
(2) the permittee to report:
(A) malfunctions, emergencies, and other
upset conditions as prescribed in 15A
NCAC 02D .0524, .0535, .1110, or
.1111; and
(B) deviations quarterly from permit
requirements not covered by 15A
NCAC 02D .0524, .0535, .1110, or
.1111. The permittee shall include the
probable cause of such deviations and
any corrective actions or preventive
measures taken; and
(3) the responsible official to certify all deviations
from permit requirements.
(g) At the request of a permittee, the Director may allow records
to be maintained in electronic form in lieu of maintaining paper
records. The Director shall make this decision based on factors
such as whether the electronic records contain the same
information as the paper records and the availability of the
electronic records for inspection to demonstrate compliance.
(h) A permit for facilities covered by 15A NCAC 02D .2100, Risk
Management Program, shall contain:
(1) a statement listing 15A NCAC 02D .2100 as an
applicable requirement; and
(2) conditions that require the owner or operator of
the facility to submit:
(A) a compliance schedule for meeting the
requirements of 15A NCAC 02D
.2100 by the dates provided in 15A
NCAC 02D .2101(a); or
(B) as part of the compliance certification
required by Paragraph (n) of this Rule,
a certification statement that the
source is in compliance with all
requirements of 15A NCAC 02D
.2100, including the registration and
submission of the risk management
plan.
The content of the risk management plan need not be incorporated
as a permit term or condition.
(i) A permit shall:
(1) contain a condition prohibiting emissions
exceeding any allowances that a facility
lawfully holds pursuant to Title IV but shall not
limit the number of allowances held by a
permittee. A permittee shall not use allowances
as a defense to noncompliance with any other
applicable requirement;
(2) contain a severability clause so that various
permit requirements will continue to be valid in
the event of a challenge to any other portion of
the permit;
(3) state that noncompliance with any condition of
the permit constitutes a violation of the Act and
is grounds for enforcement action; for permit
termination, revocation and reissuance, or
modification; or for denial of a permit renewal
application;
(4) state that the permittee may not use as a defense
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 the permit;
(5) state that the Director may reopen, modify,
revoke and reissue, or terminate the permit for
reasons specified in 15A NCAC 02Q .0517 or
.0519;
(6) state that the filing of a request by the permittee
for a permit revision, revocation and reissuance,
termination, notification of planned changes, or
anticipated noncompliance does not stay any
permit condition;
(7) specify the conditions in which the permit will
be reopened before the expiration of the permit;
(8) state that the permit does not convey any
property rights of any sort, or any exclusive
privileges;
(9) state that the permittee will furnish to the
Division, in a timely manner:
(A) any 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, and
(B) copies of records required to be kept
by the permit when such copies are
requested by the Director.
The permit shall also state that for information
claimed to be confidential, the permittee may
furnish such records directly to EPA along with
a claim of confidentiality;
(10) contain a provision to ensure that the permittee
pays fees required by 15A NCAC 02Q .0200;
(11) contain a condition that authorizes the permittee
to make Section 502(b)(10) changes, off-permit
changes, or emission trades in accordance with
15A NCAC 02Q .0523;
(12) include all applicable requirements for all
sources covered by the permit;
(13) include fugitive emissions in the same manner
as stack emissions;
(14) contain a condition requiring annual reporting
of actual emissions as required by 15A NCAC
02Q 0207;
(15) include all sources including insignificant
activities; and
(16) contain other provisions the Director considers
appropriate.
(j) A permit shall state the terms and conditions for reasonably
anticipated operating scenarios identified by the applicant in the
application. These terms and conditions shall:
(1) require the permittee, contemporaneously with
making a change from one operating scenario
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997
to another, to record in a log at the permitted
facility a record of the operating scenario in
which it is operating;
(2) extend the permit shield described in 15A
NCAC 02Q .0512 to all terms and conditions in
each such operating scenario; and
(3) ensure that each operating scenario meets all
applicable requirements of Subchapter 02D of
this Chapter and of this Section.
(k) A permit shall identify which terms and conditions are
enforceable by the Division only.
(l) A permit shall state that the permittee will allow personnel of
the Division to:
(1) enter the permittee's premises where the
permitted facility is located or
emissions-related activity is conducted, or
where records are kept by the conditions of the
permit;
(2) have access to and copy any records that are
required to be kept by the conditions of the
permit;
(3) inspect any source, equipment, including
monitoring and air pollution control equipment,
practices, or operations regulated or required by
the permit; and
(4) sample or monitor substances or parameters, for
the purpose of assuring compliance with the
permit or applicable requirements.
(m) When a compliance schedule is required by 40 CFR
70.5(c)(8) or by a rule contained in Subchapter 02D of this
Chapter, the permit shall contain the compliance schedule and
shall state that the permittee shall submit at least semiannually, or
more frequently if specified in the applicable requirement, a
progress report. The progress report shall contain:
(1) dates for achieving the activities, milestones, or
compliance required in the compliance
schedule and dates when such activities,
milestones, or compliance were achieved; and
(2) an explanation of why any dates in the
compliance schedule were not or will not be
met and any preventive or corrective measures
adopted.
(n) The permit shall contain requirements for compliance
certification with the terms and conditions in the permit that are
enforceable by EPA pursuant to Title V of the federal Clean Air
Act, including emissions limitations, standards, and work
practices. The permit shall specify:
(1) the frequency, not less than annually or more
frequently as specified in the applicable
requirements, of submissions of compliance
certifications;
(2) a means for monitoring the compliance of the
source with its emissions limitations, standards,
and work practices;
(3) a requirement that the compliance certification
include:
(A) the identification of each term or
condition of the permit that is the basis
of the certification;
(B) the status of compliance with the terms
and conditions of the permit for the
period covered by the certification,
based on the methods or means
designated in 40 CFR
70.6(c)(5)(iii)(B). The certification
shall identify each deviation and take
it into account in the compliance
certification. The certification shall
also identify as possible exceptions to
compliance any periods during which
compliance was required and in which
an excursion or exceedance as defined
in 40 CFR 64 occurred;
(C) whether compliance was continuous
or intermittent;
(D) the identification of the methods or
other means used by the owner and
operator for determining the
compliance status with each term and
condition during the certification
period; these methods shall include the
methods and means required in 40
CFR Part 70.6(a)(3).The owner or
operator also shall identify any other
material information that shall be
included in the certification to comply
with Section 113(c)(2) of the federal
Clean Air Act, which prohibits
knowingly making a false certification
or omitting material information; and
(E) such other facts as the Director may
require to determine the compliance
status of the source; and
(4) that all compliance certifications be submitted
to EPA as well as to the Division.
Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66;
143-215.107(a)(10); 143-215.108.
SECTION .0700 –TOXIC AIR POLLUTANT
PROCEDURES
15A NCAC 02Q .0710 PUBLIC NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING
(a) If the owner or operator of a facility chooses to make a
demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or (b), the
Commission or its delegate shall approve or disapprove the permit
after a public notice with an opportunity for a public hearing.
(b) The public notice shall be given by publication in a newspaper
of general circulation in the area where the facility is located and
shall be mailed provided to persons who are on the Division's
mailing notification list for air quality permit notices.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the permittee;
(3) the name and address of the person to whom to
send comments and requests for public hearing;
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(4) the name, address, and telephone number of a
Divisional staff person from whom interested
persons may obtain additional information,
including copies of the draft permit, the
application, compliance plan, pollution
prevention plan, monitoring and compliance
reports, all other relevant supporting materials,
and all other materials available to the Division
that are relevant to the permit decision;
(5) the activity or activities involved in the permit
action;
(6) emissions change involved in the proposed
permit modification;
(7) a brief description of the public comment
procedures;
(8) the procedures to follow to request a public
hearing unless a public hearing has already
been scheduled; and
(9) the time and place of a hearing that has already
been scheduled.
(d) The notice shall allow at least 30 days for public comments.
(e) If the Director determines that significant public interest exists
or that the public interest will be served, the Director shall require
a public hearing to be held on a draft permit. Notice of a public
hearing shall be given at least 30 days before the public hearing.
(f) The Director shall make available for public inspection, in at
least one location in the region affected, the information submitted
by the permit applicant and the Division's analysis of that
application.
(g) Any persons requesting paper copies of material identified in
Subparagraph (c)(4) of this Rule shall pay ten cents ($0.10) per
page for each page copied. Confidential material shall be handled
in accordance with 15A NCAC 02Q .0107.

Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L.
1989, c. 168, s. 45.

* * * * * * * * * * * * * * * * * * * *

Notice is hereby given in accordance with G.S. 150B-21.2 that the
Coastal Resources Commission intends to amend the rules cited
as 15A NCAC 07B .0702, .0803; 07H .0308; and 07K .0207.

Link to agency website pursuant to G.S. 150B-19.1(c):
https://deq.nc.gov/about/divisions/coastal-management/coastal-
management-rules-regulations/proposed-

Proposed Effective Date: July 1, 2023

Public Hearing:
Date: February 23, 2023
Time: 1:30 p.m.
Location: Ocean Isle Beach Town Hall, 111 Causeway Drive,
Ocean Isle Beach, NC 28469

Reason for Proposed Action:
15A NCAC 07B .0702, .07B .0803 The Coastal Resources
Commission (CRC) is proposing amendments to the CAMA Land
Use Planning Program. These amendments include increased
flexibility for plan content and policy statements. Specifically,
these amendments will allow local governments to identify which
enforceable land use plan (LUP) policies shall apply to CAMA
permitting reviews within the bounds of CAMA and NCAC 07B.
15A NCAC 07H .0308, .07K .0207 The Coastal Resources
Commission proposes to amend its administrative rules in order
to provide greater flexibility to local governments, government
agencies and private property owners in constructing accessways
and enhanced handicap access to the beach by allowing the use
of beach matting.

Comments may be submitted to: Braxton Davis, 400
Commerce Avenue, Morehead City, NC 28557; phone (252) 515-
5400

Comment period ends: March 20, 2023

Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of the
rule, a person may also submit written objections to the Rules
Review Commission after the adoption of the Rule. If the Rules
Review Commission receives written and signed objections after
the adoption of the Rule in accordance with G.S. 150B-21.3(b2)
from 10 or more persons clearly requesting review by the
legislature and the Rules Review Commission approves the rule,
the rule will become effective as provided in G.S. 150B-21.3(b1).
The Commission will receive written objections until 5:00 p.m.
on the day following the day the Commission approves the rule.
The Commission will receive those objections by mail, delivery
service, hand delivery, or facsimile transmission. If you have any
further questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 984-236-
1850.

Fiscal impact. Does any rule or combination of rules in this
notice create an economic impact? Check all that apply.
State funds affected
Local funds affected
Substantial economic impact (>= $1,000,000)
Approved by OSBM
No fiscal note required

CHAPTER 07 - COASTAL MANAGEMENT

SUBCHAPTER 07B – STATE GUIDELINES FOR LAND
USE PLANNING

SECTION .0700 – LAND USE PLANNING
REQUIREMENTS

15A NCAC 07B .0702 LAND USE PLAN ELEMENTS
(a) Organization of the Plan. The land use plan or comprehensive
plan, hereinafter referred to as "the plan", shall include a matrix
that shows the location of the required elements as set forth in this
Rule.
(b) Community Concerns and Aspirations. The purpose of this
element is to provide an understanding of the underlying planning
needs and desires of the community to support the land use and
IV-22 A-84
Hearing Officer's Suggested Comments
[Hearing Officer]:
Good evening ladies and gentlemen. My name is Dr. Kim Lyerly, and I am a member of the
North Carolina Environmental Management Commission. My role as hearing officer is to
receive relevant comments on the proposed rule actions, report those comments, and recommend
actions to the full Commission.
During this public hearing tonight, we will be receiving oral comments from those individuals
who pre-registered to speak at this event. A total of 0 people pre-registered. If you are having
technical difficulties with Webex, you can use the chat feature in Webex to ask questions or seek
assistance. You can also visit the Division of Air Quality’s website using the link in the public
notice for this hearing for instructions on various ways to connect to Webex.
I will now open the hearing to receive comments on the proposed amendments to 15A NCAC
02D .0103, .0501, .0546, .0605, .1903, .1904, .1905, and .2203 and 15A NCAC 02Q .0104,
.0105, .0206, .0304, .0305, .0307, .0505, .0507, .0508, and .0710 and on the accompanying
regulatory impact analysis for the proposed amendments.
The Commission is amending a total of 18 rules in Subchapters 02D and 02Q of Title 15A of the
North Carolina Administrative Code. The rule revisions are being proposed to allow for the
electronic submittal of documents, including permit applications, reports, and other records, once
the Division of Air Quality makes available a system for receiving such documents. The
proposed revisions also include other complementary changes to align with Division’s transition
to an electronic system for receiving, storing, and accessing records, and receiving fee payments
electronically.
The public notice for this hearing was published in Volume 37, Issue 14 of the North Carolina
Register on January 17, 2023, and the public notice, Regulatory Impact Analysis, and proposed
rule text were posted on the Division of Air Quality website. The public notice was also emailed
to those on the Division of Air Quality rules development email distribution list. I will add the
IV-23 A-85
public notice and the proposed rule changes into the hearing record without reading them at this
time.
I will now take any relevant comments on the proposed amendments to 15A NCAC 02D .0103,
.0501, .0546, .0605, .1903, .1904, .1905, and .2203 and 15A NCAC 02Q .0104, .0105, .0206,
.0304, .0305, .0307, .0505, .0507, .0508, and .0710 and the accompanying regulatory impact
analysis. Since there were no pre-registered speakers, I will now allow anyone in attendance that
did not pre-register to make comments as part of the hearing. If you did not pre-register as a
speaker but would like to make a comment at this time, please use the raise hand feature to
indicate that you would like to speak. If you are attending the hearing using a telephone line and
would like to make a comment, you may press *3 to raise your hand, and the Webex host will
unmute you when it is your turn to speak. For all speakers, please state your name and any
affiliation, and wait to begin speaking until the Webex host has indicated that you have been
unmuted. It would also be helpful if any person speaking tonight would also submit a written
statement for inclusion into the hearing record. If you are having audio issues, try a different
method of audio connection within Webex or use the “Call Me” feature to have Webex call your
personal telephone line. Additionally, if you did not register to speak, but still want to provide
comments on the proposed rulemaking, remember there are several other ways to provide
comments until the end of the comment period on March 20, 2023:
•You can call 919-707-8429 and leave a voice mail message with your first and last name,
whom you are representing, and state your comments on the electronic documents rule
revisions; or
•You can provide written comments until the comment period ends on March 20, 2023. To
provide written comments, please email them to [e-mail] with
“Electronic Documents Rule Revisions” in the subject line.
•You can mail written comments to the address listed in the public notice.
•You can fax written comments to 919-715-0717; please address it to “Rule Development
Branch Supervisor”.
At this time, I will open the hearing to take comments from any additional speakers that have
utilized the raise hand feature.
IV-24 A-86
[Webex Host facilitates unmuting and speaking order of any additional commenters]
Thank you all for your participation in this public hearing. Based on the information received
during tonight’s hearing and public comments received during the comment period, I will make a
final recommendation to the Environmental Management Commission as to how to proceed with
this rulemaking action.
Again, I thank you for your participation and interest in the public hearing process. This hearing
is adjourned.
IV-25 A-87
This page is intentionally blank.
IV-26 A-88
CHAPTER V
COMMENTS DURING THE COMMENT PERIOD
INDEX OF COMMENTERS
NAME REPRESENTING PAGE
Grady McCallie North Carolina Conservation Network V-2
Lynorae Benjamin U.S. EPA Region 4 V-3
V-1 A-89
Grady McCallie, North Carolina Conservation Network
Good evening, Commissioner. Thank you. I’m Grady McCallie, the Policy Director for the North
Carolina Conservation Network, and will offer short comments and then we’ll plan to put in a short letter
during the comment period. First, I want to say we support this rule. We think that it’s, although the rule is
a little bit obscure, it’s actually a really valuable and important rule for efficiency’s sake for permittees
and applicants to be able to submit monitoring information and reports electronically. The second thing
that I wanted to mention is though, this isn’t really in the text of the rule, I suppose it could be, but there’s
also choices that go along with the text, but we’re very interested in the public accessibility of the
information. And there is nothing in the rule that guarantees that the information that’s received
electronically will be in a form that is really easily available or useable by the public but we encourage
DAQ and the EMC to try to pay attention to that and to try to make sure that it’s accessible not just to the
agency and to the permittees, but to the public in a useable format. I was at a symposium at Duke
University on Friday on toxicology and there was actually a presentation on data formats and how crucial
this is for folks working in the field of toxicology for their data actually to be ever used by regulatory
programs or by other researchers in the future. One of the presenters was Rebecca Boyles from RTI who
was speaking about a set of principles, it’s not a code, it’s just a set of flexible principles using the
acronym of FAIR and that is intended to make data accessible and for people to be able to find it in the
future. And it might be worth a look, I’m not an expert on IT at all, but it might be worth a look at that set
of principles to see if it’s possible for the data that is brought in through electronic submittal to be kept in
a format like that. And the last thing is sort of a subset of that that I’ll say. Data that is filed in the form of
a pdf is essentially unusable for most NGOs because in order to, particularly if it’s like emissions data that
is in a form that is submitted electronically as a pdf. In that format we would have to hire someone to go
through and essentially type all the data from that into a database. So, I’m hoping that whether it’s
initially or over time, I’m hoping that the agency will build forms that allow the data to be uploaded or
submitted officially and kept in a database where its accessible and you could eventually have like a
dashboard or something public facing that makes it possible to download a chunk of data and assess it and
analyze it. Because if it’s just kind of like the Laserfiche system has been in the past, that’s essentially
unusable for most organizations. And that’s the only comments I have. Thank you so much.
V-2 A-90
From:Adams, Evan (he/him/his)
To:Abraczinskas, Michael
Cc:Benjamin, Lynorae; Huey, Joel; Strait, Randy P; Manning, Tammy; Quinlan, Katherine L; Bloemer, Matthew
Subject:[External] Pre-hearing Comment Letter for the Electronic Submittal of Documents and Records
Date:Wednesday, March 15, 2023 6:31:30 AM
Attachments:Pre-heaing Comment Letter for Electronic Submittal of Documents .pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Good morning Mr. Abraczinskas,
Thank you for the opportunity to review North Carolina’s Pre-hearing package regarding the
electronic submittal of documents and records. Please see attached the letter from EPA for this pre-
hearing submittal. Please let us know if you have any questions.
Thank you,
Evan
Evan Adams (He/Him) | Environmental Engineer | U.S. Environmental Protection Agency
Region 4 | Air and Radiation Division | Air Regulatory Management Section
61 Forsyth St. SW | Atlanta, GA 30303
404.562.9009 | [e-mail]
V-3 A-91
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA,GEORGIA 30303-8960
March 14, 2023
Mr. Michael Abraczinskas
Director
Division of Air Quality
North Carolina Department of Environmental Quality
1641 Mail Service Center
Raleigh, North Carolina 27699-1641
Dear Mr. Abraczinskas:
Thank you for your letter dated January 12, 2023, transmitting a prehearing package regarding the
Proposed Amendment to Allow Electronic Submittal of Documents and Records. We have completed
our review of the submittal and have no comments at this time.
We look forward to continuing to work with you and your staff. If you have any questions, please
contact Mr. Joel Huey, Chief, Air Regulatory Management Section, at [phone], or have your
staff contact Mr. Evan Adams at [phone].
Sincerely,
Lynorae Benjamin
Chief
Air Planning and Implementation Branch
LYNORAE
BENJAMIN
Digitally signed by LYNORAE
BENJAMIN
Date: 2023.03.14 17:55:17 -04'00'
V-4 A-92
CHAPTER VI
INDEX OF ATTACHMENTS
ATTACHMENTS PAGE
1.Regulatory Impact Analysis VI-2
VI-1 A-93
1
Fiscal Note for Revisions to Allow Electronic Submittals
Rule Citation Number 15A NCAC 02D .0103, .0501, .0546, .0605, .1903, .1904, .1905 and .2203, and
15A NCAC 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505, .0507, .0508,
and .0710.
Rule Topic: Amendments to Allow Electronic Submittal of Documents
DEQ Division: Division of Air Quality (DAQ)
Agency Contact: Randy Strait, Planning Section Chief
Division of Air Quality (DAQ)
[phone]
[e-mail]
Analyst: Katherine Quinlan, DAQ
[phone]
[e-mail]
Impact Summary: State government: Yes
Local government: Yes
Substantial impact: No
Private Sector: Yes
Authority: G.S. 143-215.3(a)(1); G.S. 143-215.107(a)(10); G.S. 143-215.108;
Necessity: To update the air quality rules in 15A NCAC, Subchapters 02D and 02Q, to
allow digital documents and electronic submittals where physical hard copies are
currently required.
VI-2 A-94
2
I.Purpose
The purpose of this document is to provide an analysis detailing the fiscal impacts associated with the
proposed amendments to fourteen rules in 15A NCAC, Subchapters 02D and 02Q, to allow electronic
documents where hard copies are currently specified by the rules.
II.Background
Some of the current air quality rules in 15A NCAC, Subchapters 02D and 02Q, require physical copies of
correspondence, records, and applications. In some instances, regulated entities are required to provide
multiple copies of these documents, to be used by the DAQ for notifying affected states and the
Environmental Protection Agency (EPA). In other rules, certain forms are required to be submitted with
the original signature of the responsible official or are required to be postmarked by a certain date, both of
which imply a hard copy submittal is expected. Additionally, some rules do not specify the format of
correspondence and records.
In recent years, DEQ has dedicated efforts towards streamlining and digitizing its permitting process and
agency records, as described below.
In March of 2020, with many DAQ staff working remotely in response to the pandemic, the DAQ
established an email address for electronic submittals of permit applications and reports. However, hard
copies are still required per the applicable rules, and are currently designated as the official agency record.
Electronic submittals provide greater accessibility for staff that are located throughout the state and save
resources for both the state and regulated community.
The DAQ is finalizing the development of a digital document repository that uses Laserfiche, a secure
digital content management software. This repository will be the location of official agency records and
will have an interface through which public documents can be accessed remotely. For documents received
in hard copy format, agency staff scan the documents using optical character recognition (OCR) software
and then upload the record into the database. Depending on the quality of the document and scan, this can
sometimes lead to imperfect character recognition and searching capabilities for such documents. Records
received in electronic format often save staff time and resources otherwise spent preparing the document
for upload into Laserfiche, and lead to a better-quality electronic record for public viewing and searching.
The DAQ will digitize and upload historic records to the repository according to a prescribed schedule.
Some of the other DEQ Divisions have already successfully launched their Laserfiche libraries.
In parallel, the DEQ continues with its Permitting Transformation Program (PTP) initiative, which seeks
to modernize the permitting system online through creation of a web-based solution for applying,
tracking, and paying for applications, currently named the NC DEQ Self Service Permit Portal. The effort
is coordinated through the Division of Environmental Assistance and Customer Service (DEACS), with
the Department of Information Technology (DIT) leading the technology implementation. To date, DEQ
has successfully automated Hazardous Waste Billing, and is currently developing the Portal for certain
VI-3 A-95
3

permits managed by the Division of Coastal Management (DCM) and the Division of Energy, Mineral
and Land Resources (DEMLR).1

Although the DAQ has been identified for inclusion into the PTP, it is expected that there may be
considerable time between implementation of the DAQ Laserfiche library and adoption of these rule
revisions, and availability of the NC DEQ Self Service Permit Portal to receive air quality permit
applications. To bridge the gap during this interim period, the DAQ intends to develop and make
available a system for receiving electronic documents. This will allow DAQ to begin receiving electronic
submittals as the official agency record that can be uploaded to Laserfiche, bypassing the need for DAQ
staff to scan paper copies. In order to receive documents required by EPA regulations (e.g., Title V permit
applications), the system must be compliant with the Cross-Media Electronic Reporting Rule
(CROMERR) in 40 CFR Part 3, which establishes the framework for electronic reporting related to EPA
regulations. Until such time that DAQ receives approval under 40 CFR Part 3, these documents must
continue to be received in hard copy format with original signature of the responsible official.

To provide greater accessibility of public records, streamline the records submittal process, and conserve
resources, the DAQ is proposing to revise the applicable rules in Subchapters 02D and 02Q to allow
electronic submittals of permit applications, reports, forms, and other documentation, to accompany the
ongoing digital document initiatives.
III. Reason for Rule Changes
The changes proposed in this rulemaking serve to facilitate the transition of DEQ’s records procedures
towards an electronic receipt and storage system. As detailed in Section II of this fiscal note, the receipt of
air quality documents will track the following evolution:

1) All applications and records required under Subchapters 02D and 02Q must be submitted in hard
copy format, until such time that the DAQ allows for electronic submittals, as indicated on the DAQ
Permitting website.
2) Once the DAQ allows for electronic permit application submittals, applications may be submitted in
either hard copy or electronic format. Electronic submittals for Title V applications must be submitted
through the CROMERR-compliant system identified on DAQ’s permitting website. Electronic minor
source applications must be submitted as indicated on the DAQ permitting website, which may be
through the same system as Title V applications.
3) Once the DAQ is incorporated into the DEQ PTP, the DAQ permitting website will be updated to
direct applicants to the DEQ Self Service Permit Portal.

For records submitted under step 1, DAQ staff will scan the hard copy submittal, perform a quality check,
and then upload the record into Laserfiche. Records submitted under steps 2 and 3 will likely be received
in the format needed for upload to Laserfiche and can be retained as the official agency record.

1 DEQ Permitting Transformation Program, North Carolina Department of Environmental Quality website,
https://deq.nc.gov/permits-rules/deq-permitting-transformation-program#current-situation
VI-4 A-96
4

IV. Proposed Rule Changes
Amendments are proposed to eighteen rules in Subchapters 02D and 02Q in this rulemaking. The most
significant changes are proposed to Rule 02Q .0104, which contains the procedures for filing permit
applications and related materials, and Rule 02D .0605, which contains the general recordkeeping and
reporting requirements. Minor revisions are proposed to various other rules throughout Subchapters 02D
and 02Q, as detailed further below.

Significant revisions to 15A NCAC 02Q .0104, Where to Obtain and File Permit Applications
15A NCAC 02Q .0104 is revised to outline the procedures for submitting permit applications during the
DAQ’s transition to an electronic records system, as outlined below.

Paragraph (a) is revised to provide the DAQ’s permitting website for obtaining forms, since this is how
most applicants obtain permit application forms. The revised language still allows for obtaining forms by
contacting the DAQ.

New paragraph (b) continues to require hard copy submissions for permit applications and notifications
until such time that DAQ makes available a system for receiving electronic submittals, after which
submittals may be provided in either hard copy or electronic format.

New paragraph (c) outlines the requirements for electronic permit application submittals. As described in
Section II of this fiscal note, electronic Title V applications and notifications must be submitted through a
CROMERR-compliant system. Such a requirement does not apply to minor source permit applications
issued under 15A NCAC 02Q .0300. Therefore, paragraph (b) only requires submission through a
CROMERR-compliant system for electronic Title V applications. For applicants who choose to submit
minor source permit applications electronically, applications are required to be submitted as specified on
the DAQ’s permitting website, which may be the same system as required for Title V applications. This
structure allows flexibility for minor source applications while DAQ is developing and requesting
approval of its CROMERR-compliant system. Throughout the transition, the current electronic submittal
requirements for Title V and minor source permits will be clearly stated on the DAQ’s permitting
website.

Significant revisions to 15A NCAC 02D .0605, General Recordkeeping and Reporting Requirements
15A NCAC 02D .0605 is revised to add new procedures for submitting records and reports required by
Subchapter 02D and 02Q, as new paragraph (i). The procedures mirror those for permit applications in
02Q .0104(b) and (c), continuing to require hard copies until the DAQ makes available a CROMERR-
compliant system for receiving documents electronically, after which the documents can be submitted in
either hard copy or electronic format.

Minor revisions throughout Subchapters 02D and 02Q
15A NCAC 02D .0103, Copies of Referenced Federal Regulations, is revised to remove the list of DEQ
regional offices with their respective mailing addresses, since one or more of the regional offices are
VI-5 A-97
5
expected to change location soon. The revised language instead contains the website address where the
most recent contact information for each DAQ regional office can be found. This will allow addresses and
contact information to be updated quickly and without a rule revision, so that the most current
information can be easily obtained. Additionally, the language of paragraph (b) was updated with the
current URL for obtaining copies of the Code of Federal Regulations (CFR) and moved to the beginning
of the Rule since this is the most used method of obtaining such copies.
15A NCAC 02D .0501, Compliance with Emission Control Standards, is revised to reference Rule 02Q
.0105 in Subparagraphs (e)(1) and (2) for methods of reviewing permits.
15A NCAC 02D .0546, Control of Emissions from Log Fumigation Operations, is revised to remove the
requirement in Subparagraph (f)(2) for an original signature, which would require submission in hard
copy format. Additionally, reference to 15A NCAC 02D .0605(i) was added to clarify the methods and
format of submitting quarterly reports.
15A NCAC 02D .1903, Open Burning Without An Air Quality Permit, is revised to change the method of
obtaining the open burning notification form from writing the regional office at its physical address, to
contacting the regional office. This allows such requests to be received by email and aligns with the
proposed revisions to Rule 02Q .1905, as described below.
15A NCAC 02D .1904, Air Curtain Incinerators, is revised to replace the option in Part (h)(2)(E) for
electronic or paper copy opacity test reports with a reference to the procedures in 15A NCAC 02D
.0605(i).
15A NCAC 02D .1905, Regional Office Locations, is revised to list the DAQ regional office website
address for obtaining contact information, rather than listing the physical address of each office.
15A NCAC 02D .2203, Public Notice, is revised to remove the requirement public notices be mailed to
interested persons. The revised language only requires that the public notice be provided to interested
persons but does not prescribe the format. These notices are provided using an email list. There have not
been any requests for copies of public notices via mail in recent years.
15A NCAC 02Q .0105, Copies of Referenced Documents, is revised to align paragraph (a) with the
changes to Rule 02D .0103. Paragraph (b) is revised to direct the public to the public access portal on the
DAQ website for reviewing permits and associated applications, rather than the Central Files office.
Paragraph (c) is revised to clarify that the $0.10 per page charge only applies to requests for paper copies
of permits and associated applications.
15A NCAC 02Q .0206, Payment of Fees, is revised to add an option for electronic fee payments, as new
paragraph (f). Permit fees are largely already being paid electronically. There are three methods of
making ePayments: 1) credit card; 2) debit card; and 3) electronic transfer of funds (eCheck). A
convenience fee is charged by a third-party provider for all online payments made by credit or debit card.
Currently, credit card transactions are charged a fee 2.65% of the amount paid, and debit card transactions
are charged a flat fee of $3.95. DEQ does not receive any portion of the fees associated with this service.
VI-6 A-98
6

No processing fee is charged for payments made by eCheck, but a $35 penalty is charged for checks
returned due to insufficient funds, as provided by North Carolina General Statute (N.C.G.S.) 25-3-506.

15A NCAC 02Q .0304, Applications, is revised to update cross references, and remove references to
filing applications “in writing”, DAQ addresses, and multiple copies of letters and additional information.
The revised language references Rule 02Q .0104 for application submittal methods.

15A NCAC 02Q .0305, Application Submittal Content, is revised to remove references in Subparagraphs
(a)(2) through (5) to copies of applications and letters, since only one copy will be required for any
documents submitted electronically. Paragraph (b), which currently specifies the number of copies for
various types of applications, is removed.

15A NCAC 02Q .0307, Public Participation Procedures, is revised to remove the requirement in
paragraph (b) for a public notice mailing list. The revised language instead requires a notification list,
since these notices are provided to interested persons electronically using an email list maintained by the
DAQ. There have not been any interested persons requesting hard copy mailed notices in recent years.

15A NCAC 02Q .0505, Application Submittal Content, is revised to remove requirements for multiple
copies of letters, including those required under Rule 02Q .0507(e), which is also proposed for removal in
this rulemaking.

15A NCAC 02Q .0507, Application, is revised to remove paragraphs (e) and (g), which require multiple
copies of Title V permit applications. Only one copy of Title V permit applications will be required,
regardless of whether the application is received in hard copy or electronic format.

15A NCAC 02Q .0508, Permit Content, is revised to remove a reference to physical mailing addresses for
the DAQ. The revised language references 15A NCAC 02Q .0104 for obtaining and filing forms.

15A NCAC 02Q .0710, Public Notice and Opportunity for Public Hearing, is revised to reference the
DAQ’s notification list in paragraph (b) instead of mailing list for permit public notices. Paragraph (g) is
revised to clarify that only paper copies will require a charge, since the DAQ will provide electronic
copies unless a paper copy is specifically requested.
V. Cost and Benefit Summary
The proposed rule revisions will benefit the regulated community and DAQ. As outlined above, the
proposed revisions will streamline the permit application and records submittal process and alleviate the
burden of printing and mailing permit applications and other required reports. Additionally, permit
applicants will only need to provide one copy of applications. This rulemaking also increases the public’s
access to and quality of records.

Benefits are expected for the DAQ, primarily due to savings in staff time. These revisions are needed to
align the records receipt format with the records storage format, which will be electronic upon launch of
the DAQ Laserfiche library. Therefore, DAQ staff will save time otherwise spent scanning paper
VI-7 A-99
7

documents and verifying the quality of such scans, since electronic submittals can be directly uploaded to
the Laserfiche library and made available for public viewing in a timelier manner.

The time spent scanning a record received in paper format can vary significantly due to number of pages,
binding, oversized pages, and other factors. A record of only a few pages may take between 10 and 15
minutes to remove staples or other binding, scan, perform a quality check, and assign proper naming
convention, while a large record of 500 pages can be digitized in approximately 45 minutes to 1 hour.
Therefore, the DAQ has estimated an average of approximately 1 minute of staff time per page to digitize
paper records. Based on past experience, DAQ estimates a potential savings of about 0.75 to 1.5 full time
equivalent (FTE) positions, or an approximate benefit ranging from $59,087 to $118,173 annually.2,3 This
saved staff time helps to offset efforts associated with other aspects of the digital documents initiative.
These may include staff training on Laserfiche, system maintenance, and continued digitization of
historical records.

Once regulated facilities are allowed to submit applications and reports electronically, entities choosing
this option may experience benefits from reduced paper usage, postage costs, staff time required to print,
package, and mail records, and related printer operating costs, such as ink and maintenance. Using the
assumptions stated above, 0.75 to 1.5 FTE positions reflects a range of 187 to 374 reams of paper
received by the DAQ annually, equating to a potential benefit estimation of $11,232 to $22,464 per year
across the regulated community.4 Since there are some regulated facilities owned by municipalities or
local government entities, a small portion of these benefits may be experienced by local governments.

These benefits should be considered ongoing benefits as many of these time- and cost-saving processes
are already in place as DAQ prepares to launch the Laserfiche repository. In addition, the full magnitude
of benefits will likely be experienced only once DAQ’s electronic system is approved as CROMERR
compliant since the application process will potentially be fully electronic at that time. DAQ expects to be
CROMERR compliant within the next two to five years.

Although not quantified in this fiscal note, the DAQ anticipates additional benefits from other aspects of
the digital documents initiative, such as the transition to a digital repository (i.e., Laserfiche) as the

2 FTE estimates are based on DAQ staff experience of paper volumes received annually for permit applications and
compliance-related reports. Staff estimated the volume of paper received annually. Using an estimated average of 1
minute per page, the estimation translates to 2,850 hours annually, or 1.37 FTEs. Given the numerous uncertainties
and variables that can affect these estimations, and additional variations from year-to-year, DAQ arrived at a range
of 0.75 to 1.5 FTEs for scanning paper records.
3 Benefits were calculated using a FTE annual compensation of $78,782, which reflects the midpoint of an
Administrative Specialist I position (salary grade NC08) with 15 years of state service and was obtained using the
North Carolina State Office of Human Resources (OSHR) total compensation calculator:
https://oshr.nc.gov/state-employee-resources/classification-compensation/total-compensation-calculator
4 The benefit range for regulated entities is estimated using a cost of $0.12 per page for printing and copying
services at Office Depot: https://www.officedepot.com/a/products/870284/Copies/
While DAQ recognizes that all or most regulated entities are unlikely to print at a commercial establishment, this
potentially higher “per page” cost is used to reflect the collective benefits from reduced paper, printer ink and
maintenance, binding, packaging, postage, and labor, since these individual cost savings cannot be reasonably
quantified.
VI-8 A-100
8

official records storage system. One such benefit is a reduction in office space requirements as historical
records in the current Central Files location are digitized. Although such benefits are expected to be
considerable, they are parallel to, but not contingent upon these rule revisions.
VI. Conclusion
NC DAQ is proposing rule revisions to eighteen rules in 15A NCAC, Subchapters 02D and 02Q, to allow
electronic permit applications, fee payments, and other required submittals. The revisions serve to
facilitate the DEQ’s ongoing transition to an electronic system for storing and viewing public records.
Regulated entities will experience ongoing benefits from lower costs associated with printing and mailing
multiple copies of permit applications and compliance documents, while the DAQ will experience
ongoing benefits from reduced staff time otherwise spent scanning and reviewing paper records.
VI-9 A-101
1 of 39
15A NCAC 02D .0103 is proposed for amendment as follows: 1
2
15A NCAC 02D .0103 COPIES OF REFERENCED FEDERAL REGULATIONS 3
(a) Copies of applicable Code of Federal Regulations sections referred to in this Subchapter may be obtained free of 4
charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for public 5
inspection at Department of Environmental Quality regional offices upon request. The contact information for each 6
regional office is provided on the Division of Air Quality website at https://deq.nc.gov/about/divisions/air-7
quality/regional-offices. offices. They are: 8
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105; 10
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 11
28115; 12
(4) Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 13
27609; 14
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 15
Carolina 28301; 16
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 17
and 18
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405. 19
(b) Copies of such rules may be obtained free of charge online at 20
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. 21
22
History Note: Authority G.S. 143-215.3; 150B-21.6; 23
Eff. December 1, 1976; 24
Amended Eff. December 1, 2005; December 1, 1992; August 1, 1991; July 1, 1988; July 1, 1987; 25
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 26
2016; 27
Amended Eff. ; January 1, 2018. 28
29
30
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15A NCAC 02D .0501 is proposed for amendment as follows: 1
2
SECTION .0500 - EMISSION CONTROL STANDARDS 3
4
15A NCAC 02D .0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS 5
(a) Purpose and Scope. The purpose of this Rule is to assure compliance with emission control standards found in 6
this Section. This Rule shall apply to all air pollution sources, both combustion and non-combustion. 7
(b) All new sources shall be in compliance prior to beginning operations. 8
(c) In addition to any control or manner of operation necessary to meet emission standards in this Section, any source 9
of air pollution shall be operated with such control or in such manner that the source shall not cause the ambient air 10
quality standards pursuant to 15A NCAC 02D .0400 to be exceeded at any point beyond the premises on which the 11
source is located. When controls more stringent than those named in the applicable emission standards in this Section 12
are required to prevent violation of the ambient air quality standards or are required to create an offset, the permit shall 13
contain a condition requiring these controls. 14
(d) The Bubble Concept. As provided in this Paragraph, a facility with multiple emission sources or multiple facilities 15
within the same area may choose to meet the total emission limitation for a given pollutant through a different mix of 16
controls than those required by the rules in 15A NCAC 02D .0500 or .0900. 17
(1) In order for this mix of alternative controls to be permitted, the Director shall determine that the 18
following conditions are met: 19
(A) Sources pursuant to 15A NCAC 02D .0524, .0530, .0531, .1110 or .1111, the federal New 20
Source Performance Standards (NSPS), the federal National Emission Standards for 21
Hazardous Air Pollutants (NESHAP), regulations established pursuant to Section 111(d) 22
of the federal Clean Air Act, or state or federal Prevention of Significant Deterioration 23
(PSD) requirements apply, shall have emissions no larger than if there were not an 24
alternative mix of controls; 25
(B) The facility or facilities is located in an attainment area or an unclassified area or in an area 26
that has been demonstrated to be attainment by the statutory deadlines with reasonable 27
further progress toward attainment for those pollutants being considered; 28
(C) All of the emission sources affected by the alternative mix are in compliance with 29
applicable regulations or are in compliance with established compliance agreements; and 30
(D) The review of an application for the proposed mix of alternative controls and the 31
enforcement of any resulting permit will not require expenditures on the part of the State 32
in excess of five times that which would otherwise be required for the review and 33
enforcement of other permits. 34
(2) The owners or operators of the facility or facilities shall demonstrate the alternative mix of controls 35
is equivalent in total allowed emissions, reliability, enforceability, and environmental impact to the 36
aggregate of the otherwise applicable individual emission standards; and 37
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(A) that the alternative mix approach does not interfere with the attainment and maintenance 1
of the ambient air quality standards and does not interfere with the PSD program, which 2
shall include modeled calculations of the amount, if any, of PSD increment consumed or 3
created; 4
(B) that the alternative mix approach conforms with reasonable further progress requirements 5
as defined in Clean Air Act Section 171(1), in any nonattainment area; 6
(C) that the emissions pursuant to the alternative mix approach are quantifiable, and trades 7
among them are equivalent; and 8
(D) that the pollutants controlled pursuant to the alternative mix approach are of the same 9
criteria pollutant categories, except that emissions of some criteria pollutants used in 10
alternative emission control strategies are subject to the limitations as defined in 44 FR 11
71784 (December 11, 1979), Subdivision D.1.c.ii. The Federal Register referenced in this 12
Part is hereby incorporated by reference and does not include subsequent amendments or 13
editions. 14
The demonstrations of equivalence shall be performed with at least the same level of detail as State 15
Implementation Plan (SIP) demonstration of attainment for the area. A copy of the SIPs can be 16
found on the DAQ website at https://deq.nc.gov/about/divisions/air-quality/air-quality-17
planning/state-implementation-plans. If the facility involves another facility in the alternative 18
strategy, it shall complete a modeling demonstration to ensure that air quality is protected. 19
Demonstrations of equivalency shall take into account differences in the level of reliability of the 20
control measures or other uncertainties. 21
(3) The emission rate limitations or control techniques of each source within the facility or facilities 22
subjected to the alternative mix of controls shall be specified in the facility's permit or facilities' 23
permits. 24
(4) Compliance schedules and enforcement actions shall not be affected because an application for an 25
alternative mix of controls is being prepared or is being reviewed. 26
(5) The Director may waive or reduce requirements in this Paragraph up to the extent allowed by the 27
Emissions Trading Policy Statement published in the Federal Register of April 7, 1982, pages 28
15076-15086, provided that the analysis required by Paragraph (e) of this Rule supports any waiver 29
or reduction of requirements. The Federal Register referenced in this Subparagraph is hereby 30
incorporated by reference and does not include subsequent amendments or editions. 31
(e) In a permit application for an alternative mix of controls pursuant to Paragraph (d) of this Rule, the owner or 32
operator of the facility shall demonstrate the proposal is equivalent to the existing requirements of the SIP in total 33
allowed emissions, enforceability, reliability, and environmental impact. The Director shall provide for public notice 34
with an opportunity for a request for public hearing following the procedures pursuant to 15A NCAC 02Q .0300 or 35
.0500, as applicable. 36
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(1) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0300, it shall become 1
a part of the state implementation plan (SIP) as an appendix available for inspection at the 2
Department's regional offices.as specified in 15A NCAC 02Q .0105. Until the U.S. Environmental 3
Protection Agency (EPA) approves the SIP revision embodying the permit containing an alternative 4
mix of controls, the facility shall continue to meet the otherwise applicable existing SIP 5
requirements. 6
(2) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0500 it shall be 7
available for inspection at the Department's regional offices. as specified in 15A NCAC 02Q .0105. 8
Until the EPA approves the Title V permit containing an alternative mix of controls, the facility 9
shall continue to meet the otherwise applicable existing SIP requirements. 10
The revision shall be submitted for approval by the EPA on the basis of the revision's consistency with EPA's "Policy 11
for Alternative Emission Reduction Options Within State Implementation Plans" as promulgated in the Federal 12
Register of December 11, 1979, pages 71780-71788, and subsequent rulings. 13
(f) If the owner or operator of any combustion and non-combustion source or control equipment subject to the 14
requirements of this Section is required to demonstrate compliance with a rule in this Section, source testing 15
procedures pursuant to 15A NCAC 02D .2600 shall be used. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 18
Eff. February 1, 1976; 19
Amended Eff. August 1, 1991; October 1, 1989; 20
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 21
effective, whichever is sooner; 22
Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996; February 1, 1995; July 1, 23
1994; 24
Readopted Eff. November 1, 2020.2020; 25
Amended Eff. 26
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15A NCAC 02D .0546 is proposed for amendment as follows: 1
2
15A NCAC 02D .0546 CONTROL OF EMISSIONS FROM LOG FUMIGATION OPERATIONS 3
(a) Purpose. The purpose of this Rule is to establish emission control requirements for hazardous air pollutants and 4
toxic air pollutants from log fumigation operations. 5
(b) Definitions. For the purpose of this Rule, the following definitions and definitions in this Subchapter or 15A 6
NCAC 02Q apply: 7
(1) "Bulk or tarpaulin log fumigation" means the fumigation of logs that are placed in piles on an 8
impermeable surface and covered with a weighted-down tarpaulin. 9
(2) "Chamber log fumigation" means the fumigation of logs inside a sealed building or structure that is 10
specifically used for fumigation. Chambers used for fumigation may be either atmospheric or 11
vacuum type. 12
(3) "Container log fumigation" means the fumigation of logs inside a container where the doors of the 13
container are closed and sealed. 14
(4) "Fumigant" means the hazardous air pollutant or toxic air pollutant that is used to eliminate the pests 15
within the logs. 16
(5) "Fumigation operation" means the period of time that the fumigant is injected and retained in the 17
container, chamber, or bulk piles for the purposes of treating the logs for insects and other pests to 18
prevent the transfer of exotic organisms. 19
(6) "Hazardous air pollutant" means any pollutant listed under Section 112(b) of the federal Clean Air 20
Act in 42 U.S.C. 7412(b). 21
(7) "Public right-of-way" means an access area where people can reasonably be expected to be present 22
for any or all parts of a 24-hour period. 23
(8) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or 24
acute irritants that are listed in 15A NCAC 02D .1104. 25
(c) Applicability. This Rule applies to new, existing, and modified bulk, chamber, and container log fumigation 26
operations that use a hazardous air pollutant or toxic air pollutant as a fumigant. 27
(d) Emission Control Requirements. The owner or operator of a log fumigation operation shall comply with the Toxic 28
Air Pollutant Guidelines specified in 15A NCAC 02D .1104 and follow the procedures specified in 15A NCAC 02D 29
.1106, 15A NCAC 02Q .0709, and .0710. 30
(e) The owner or operator shall post signs notifying the public of fumigation operations. The signs shall be visible 31
and legible to the public at the fence or property line closest to any public right-of-way. The signs shall remain in 32
place at all times and shall conform to the format for placards mandated by the federally approved fumigant label. 33
(f) Monitoring, Recordkeeping and Reporting. The owner or operator of a bulk, chamber, or container log fumigation 34
operation shall comply with the requirements pursuant to 15A NCAC 02D .0600: 35
(1) The owner or operator shall send an initial notification of commencement of operations to the 36
appropriate Division of Air Quality regional office within 15 days of initial fumigation start-up. 37
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(2) The owner or operator shall submit a quarterly summary report, reports, signed by with the original 1
signature of the permittee or the authorized responsible official, of the monitoring and recordkeeping 2
activities. activities postmarked no No later than 30 days after the end of each calendar year quarter. 3
quarter, reports shall be postmarked or received by the Division in accordance with 15A NCAC 02D 4
.0605(i). The report shall contain the following: 5
(A) the company name, address, and facility ID number; 6
(B) the calendar year quarter represented by the report; 7
(C) the daily and total fumigant usage in pounds for each quarter; 8
(D) a summary of the monitoring data required by the permit that was collected during the 9
quarter; and 10
(E) a summary of exceedances from the levels established in the permit that occurred during 11
the quarter of any monitoring parameters. 12
(g) Compliance Schedule. The owner or operator of an existing log fumigation operation subject to this Rule shall 13
achieve compliance within 60 days after the Rule is effective or in accordance with an alternate compliance schedule 14
approved by the Director. In establishing an alternate compliance schedule, the Director shall consider whether the 15
compliance approach chosen by the facility involves the purchase and installation of a control device. New and 16
modified facilities shall achieve compliance with this Rule upon start-up. 17
18
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5); 19
Eff. November 1, 2020.2020; 20
Amended Eff. 21
22
23
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15A NCAC 02D .0605 is proposed for amendment as follows: 1
2
15A NCAC 02D .0605 GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS 3
(a) The owner or operator of a source subject to a requirement of this Subchapters 02D or 02Q of this Chapter shall 4
maintain: 5
(1) records detailing all malfunctions pursuant to 15A NCAC 02D .0535; 6
(2) records of all testing conducted pursuant to rules in Subchapter 02D; 7
(3) records of all monitoring conducted pursuant to Subchapters 02D or 02Q of this Chapter, 8
(4) records detailing activities relating to any compliance schedule in this Subchapter; and 9
(5) for unpermitted sources, records necessary to determine compliance with rules in Subchapters 02D 10
or .02Q of this Chapter. 11
(b) The permit shall specify: 12
(1) the type of monitoring required and the frequency of the monitoring; 13
(2) the type of records to be maintained; and 14
(3) the type of reports to be submitted and the frequency of submitting these reports, as necessary to 15
determine compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission 16
standard or permit condition. 17
(c) If the Director has evidence that a source is violating an emission standard or permit condition, the Director may 18
require the owner or operator of any source subject to the requirements in Subchapters 02D or 02Q of this Chapter to 19
submit to the Director any information necessary to determine the compliance status of the source. 20
(d) The owner or operator of a source of excess emissions that last for more than four hours and that results from a 21
malfunction, a breakdown of process or control equipment, or any other abnormal conditions shall report excess 22
emissions in accordance with the requirements of 15A NCAC 02D .0535. 23
(e) Copies of all records and reports generated in response to the requirements pursuant to 15A NCAC 02D .0600 24
shall be retained by the owner or operator for a period of two years after the date that the record was made or the report 25
submitted, except that the retention period shall be extended if necessary to comply with other State or federal 26
requirements. 27
(f) All records and reports generated in response to the requirements of 15A NCAC 02D .0600 shall be made available 28
to personnel of the Division for inspection. 29
(g) The owner or operator of a source subject to the requirements of 15A NCAC 02D .0600 shall comply with the 30
requirements of 15A NCAC 02D .0600 at his or her own cost. 31
(h) No person shall falsify any information required by a rule in Subchapter 02D or a permit issued pursuant to 15A 32
NCAC 02Q. No person shall knowingly submit any falsified information required by a rule in Subchapter 02D or a 33
permit issued pursuant to Subchapter 02Q of this Chapter. 34
(i) All reports, notifications, records, or other documentation required by 15A NCAC, Subchapters 02D and 02Q, to 35
be provided to the Division or any regional office shall be submitted as follows: 36
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(1) Except as specified in Subparagraph (2) of this Paragraph, submit the documents in hard copy format 1
to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-2
1641, or regional office in accordance with 15A NCAC 02D .0103, as appropriate. 3
(2) After such time that the Division makes available a system for receiving electronic submittals, as 4
identified in 15A NCAC 02Q .0104(c)(1), documents may be submitted in electronic format through 5
such system in lieu of the procedures in Subparagraph (1) of this paragraph. 6
7
8
History Note: Authority G.S. 143-215.3(a)(1); 143-215-65; 143-215.66; 143-215.1078(a)(4); 9
Eff. February 1, 1976; 10
Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18, 1976; 11
Readopted Eff. November 1, 2019. 2019; 12
Amended Eff. 13
14
15
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15A NCAC 02D .1903 is proposed for amendment as follows: 1
2
15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT 3
(a) All open burning is prohibited except open burning allowed pursuant to Paragraph (b) of this Rule or 15A NCAC 4
02D .1904. Except as allowed pursuant to Subparagraphs (b)(3) through (b)(9) of this Rule, open burning shall not be 5
initiated in a county that the Department or the Forsyth County Office of Environmental Assistance and Protection, 6
has forecasted to be in an Air Quality Action Day Code "Orange" or above during the 24-hour time period covered by 7
that Air Quality Action Day. 8
(b) The following types of open burning are permissible without an air quality permit. 9
(1) The open burning of leaves, logs, stumps, tree branches, or yard trimmings, if the following 10
conditions are met: 11
(A) the material burned originates on the premises of private residences and is burned on those 12
premises and does not include material collected from multiple private residences and 13
combined for burning; 14
(B) there are no public pickup services available; 15
(C) non-vegetative materials, such as household garbage, treated or coated wood, or any other 16
synthetic materials are not burned; 17
(D) the burning is initiated no earlier than 8:00 a.m. and no additional combustible material is 18
added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day; 19
(E) the burning does not create a nuisance; and 20
(F) material is not burned when the North Carolina Forest Service or other government 21
agencies have banned burning for that area. 22
The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes 23
of the application of the open burning air quality permitting exception described in this 24
Subparagraph; 25
(2) The open burning for land clearing or right-of-way maintenance if the following conditions are met: 26
(A) The wind direction at the time that the burning is initiated and the wind direction as 27
forecasted by the National Weather Service at the time that the burning is initiated are away 28
from any area, including public roads within 250 feet of the burning as measured from the 29
edge of the pavement or other roadway surface, which may be affected by smoke, ash, or 30
other air pollutants from the burning; 31
(B) The location of the burning is at least 500 feet from any dwelling, group of dwellings, or 32
commercial or institutional establishment, or other occupied structure not located on the 33
property where the burning is conducted. The regional office supervisor may grant 34
exceptions to the setback requirements if: 35
(i) a signed, written statement waiving objections to the open burning associated with 36
the land clearing operation is obtained and submitted to, and the exception granted 37
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by, the regional office supervisor before the burning begins from a resident or an 1
owner of each dwelling, commercial or institutional establishment, or other 2
occupied structure within 500 feet of the open burning site. In the case of a lease 3
or rental agreement, the lessee or renter shall be the person from whom permission 4
shall be gained prior to any burning; or 5
(ii) an air curtain incinerator that complies with 15A NCAC 02D .1904 is utilized at 6
the open burning site. 7
Factors that the regional supervisor shall consider in deciding to grant the exception 8
include: all the persons who need to sign the statement waiving the objection have signed 9
it; the location of the burn; and the type, amount, and nature of the combustible substances. 10
The regional supervisor shall not grant a waiver if a college, school, licensed day care, 11
hospital, licensed rest home, or other similar institution is less than 500 feet from the 12
proposed burn site when such institution is occupied; 13
(C) Only land-cleared plant growth is burned. Heavy oils, items containing natural or synthetic 14
rubber, synthetic materials, or any materials other than plant growth shall not be burned; 15
however, kerosene, distillate oil, or diesel fuel may be used to start the fire; 16
(D) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no 17
combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on 18
the following day; 19
(E) No fires are initiated or vegetation added to existing fires when the North Carolina Forest 20
Service or other government agencies have banned burning for that area; and 21
(F) Materials are not carried off-site or transported over public roads for open burning unless 22
the materials are carried or transported to: 23
(i) Facilities permitted in accordance with 15A NCAC 02D .1904 for the operation 24
of an air curtain incinerator at a permanent site; or 25
(ii) A location, where the material is burned not more than four times per calendar 26
year, which meets all of the following criteria: 27
(I) at least 500 feet from any dwelling, group of dwellings, or commercial 28
or institutional establishment, or other occupied structure not located on 29
the property on which the burning is conducted; 30
(II) there are no more than two piles, each no more than 20 feet in diameter, 31
being burned at one time; and 32
(III) the location is not a permitted solid waste management facility; 33
(3) camp fires and fires used solely for outdoor cooking and other recreational purposes, ceremonial 34
occasions, or for human warmth and comfort and that do not create a nuisance and do not use 35
synthetic materials, refuse, or salvageable materials for fuel; 36
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(4) fires purposely set to public or private forest land for forest management practices for which burning 1
is currently acceptable to the North Carolina Forest Service; 2
(5) fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural 3
or apicultural practices for which burning is currently acceptable to the North Carolina Department 4
of Agriculture and Consumer Services; 5
(6) fires purposely set for wildlife management practices for which burning is currently acceptable to 6
the Wildlife Resource Commission; 7
(7) fires for the disposal of dangerous materials when the Division has determined that it is the safest 8
and most practical method of disposal; 9
(8) fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing 10
laboratories, or other persons, for the purpose of testing or developing these materials or equipment 11
in accordance with a standard qualification program; 12
(9) fires purposely set for the instruction and training of fire-fighting personnel at permanent fire-13
fighting training facilities; 14
(10) fires purposely set for the instruction and training of fire-fighting personnel when conducted under 15
the supervision of or with the cooperation of one or more of the following agencies: 16
(A) the North Carolina Forest Service; 17
(B) the North Carolina Department of Insurance; or 18
(C) North Carolina Community Colleges; 19
(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction 20
and training of fire-fighting personnel, provided that: 21
(A) the regional office supervisor has been notified according to the procedures and deadlines 22
contained in the notification form and the regional office supervisor has granted permission 23
for the burning. The information required to be submitted in the form includes: 24
(i) the address of the fire department that is requesting the training exercise; 25
(ii) the location of the training exercise; 26
(iii) a description of the type of structure or object and amount of materials to be 27
burned at the location of the training exercise; 28
(iv) the dates that the training exercise will be performed; and 29
(v) an inspection from a North Carolina Asbestos Inspector that the structure being 30
burned is free of asbestos. 31
The form shall be submitted 10 days prior to commencement of the burn. This form may 32
be obtained in electronic format at https://deq.nc.gov/about/divisions/air-quality/air-33
quality-enforcement/open-burning/firefighter-information or by writing contacting the 34
appropriate regional office at the address as specified in 15A NCAC 02D .1905 and 35
requesting it. 36
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(B) Factors that the regional office supervisor shall consider in granting permission for the 1
burning include: 2
(i) type, amount, and nature of combustible substances. The regional office 3
supervisor shall not grant permission for the burning of salvageable items or if the 4
primary purpose of the fire is to dispose of synthetic materials or refuse; 5
(ii) the burning of previously demolished structures. The regional office supervisor 6
shall not consider these structures as having training value; 7
(iii) the burning of motor vehicles. The regional office supervisor may allow an 8
exercise involving the burning of motor vehicles burned over a period of time by 9
a training unit or by several related training units if he or she determines that they 10
have training value; and 11
(iv) the distance from the location of the fire training to residential, commercial, or 12
institutional buildings or properties. 13
Any deviations from the dates and times of exercises, including additions, postponements, 14
and deletions, submitted in the schedule in the approved plan shall be communicated 15
verbally to the regional office supervisor at least one hour before the burn is scheduled. 16
(12) fires for the disposal of vegetative material generated as a result of a natural disaster, such as tornado, 17
hurricane, or flood, if the regional office supervisor grants permission for the burning. The person 18
desiring to do the burning shall document and provide written notification to the regional office 19
supervisor that there is no other practical method of disposal of the waste. Factors that the regional 20
office supervisor shall consider in granting permission for the burning include type, amount, location 21
of the burning, and nature of combustible substances. The regional office supervisor shall not grant 22
permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or 23
refuse or recovery of salvageable materials. Fires authorized under this Subparagraph shall comply 24
with the conditions of Parts (b)(2)(A) through (E) of this Rule. 25
(c) The authority to conduct open burning pursuant to this Section does not exempt or excuse any person from the 26
consequences, damages, or injuries that may result from this conduct. It does not excuse or exempt any person from 27
complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction 28
even though the open burning is conducted in compliance with this Section. 29
30
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-394, s.2; 31
Eff. July 1, 1996; 32
Amended Eff. June 13, 2016; March 19, 2015; July 3, 2012; July 1, 2007; December 1, 2005; June 33
1, 2004; July 1, 1998; 34
Readopted Eff. September 1, 2019.2019; 35
Amended Eff. 36
37
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15A NCAC 02D .1904 is proposed for amendment as follows: 1
2
15A NCAC 02D .1904 AIR CURTAIN INCINERATORS 3
(a) Applicability. This Rule applies to the following air curtain incinerators: 4
(1) new and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2260 or 60.2970 5
through 60.2974 that combust the following materials: 6
(A) 100 percent wood waste; 7
(B) 100 percent clean lumber; 8
(C) 100 percent yard waste; or 9
(D) 100 percent mixture of only wood waste, clean lumber, and yard waste. 10
(2) new and existing temporary air curtain incinerators used at industrial, commercial, institutional, or 11
municipal sites where a temporary air curtain incinerator is defined in Subparagraph (b)(6) of this 12
Rule. 13
(b) Definitions. For the purpose of this Rule, the following definitions apply: 14
(1) "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-15
dried, and kiln-dried wood products. Clean lumber does not include wood or wood products that 16
have been painted, pigment-stained, or pressure treated, or manufactured wood products that contain 17
adhesives or resins. 18
(2) "Malfunction" means any unavoidable failure of air pollution control equipment, process equipment, 19
or a process to operate in a normal or usual manner. Failures caused entirely or in part by poor 20
maintenance, careless operations or any other upset condition within the control of the emission 21
source are not considered a malfunction. 22
(3) "New air curtain incinerator" means an air curtain incinerator that began operating on or after the 23
effective date of this Rule. 24
(4) "Operator" means the person in operational control over the open burning. 25
(5) "Permanent air curtain incinerator" means an air curtain incinerator whose owner or operator 26
operates the air curtain incinerator at one facility or site during the term of the permit. 27
(6) "Temporary air curtain incinerator" means an air curtain incinerator whose owner or operator moves 28
the air curtain incinerator to another site and operates it for land clearing or right-of-way 29
maintenance at that site at least once during the term of its permit. 30
(7) "Temporary-use air curtain incinerator used in disaster recovery" means an air curtain incinerator 31
that meets all of the following requirements: 32
(A) combusts less than 35 tons per day of debris consisting of the materials listed in Parts 33
(a)(1)(A) through (C) of this Rule; 34
(B) combusts debris within the boundaries of an area officially declared a disaster or 35
emergency by federal, state or local government; and 36
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(C) combusts debris for less than 16 weeks unless the owner or operator submits a request for 1
additional time at least 1 week prior to the end of the 16-week period and provides the 2
reasons that the additional time is needed. The Director will provide written approval for 3
the additional time if he or she finds that the additional time is warranted based on the 4
information provided in the request. 5
Examples of disasters or emergencies include tornadoes, hurricanes, floods, ice storms, 6
high winds, or acts of bioterrorism. 7
(8) "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole 8
or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and 9
shavings. Wood waste does not include: 10
(A) grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from 11
residential, commercial, institutional, or industrial sources as part of maintaining yards or 12
other private or public lands; 13
(B) construction, renovation, or demolition wastes; 14
(C) clean lumber; and 15
(D) treated wood and treated wood products, including wood products that have been painted, 16
pigment-stained, or pressure treated, or manufactured wood products that contain 17
adhesives or resins. 18
(9) "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. 19
Yard waste comes from residential, commercial/retail, institutional, or industrial sources as part of 20
maintaining yards or other private or public lands. Yard waste does not include: 21
(A) construction, renovation, or demolition wastes; 22
(B) clean lumber; and 23
(C) wood waste. 24
(c) Air curtain incinerators shall comply with the following conditions and requirements: 25
(1) the operation of air curtain incinerators in particulate and ozone nonattainment areas shall cease in 26
a county that the Department or the Forsyth County Office of Environmental Assistance and 27
Protection has forecasted to be an Air Quality Action Day Code "Orange" or above during the 24-28
hour time period covered by that Air Quality Action Day; 29
(2) the wind direction at the time that the burning is initiated and the wind direction as forecasted by 30
the National Weather Service during the time of the burning shall be away from any area, including 31
public roads within 250 feet of the burning as measured from the edge of the pavement or other 32
roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning; 33
(3) no fires shall be started or material added to existing fires when the North Carolina Forest Service, 34
Fire Marshall, or other governmental agency has banned burning for that area; 35
(4) burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. No combustible 36
materials shall be added to the air curtain incinerator prior to or after this time period; 37
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(5) The air curtain incinerator shall not be operated more than the maximum source operating hours-1
per-day and days-per-week. The maximum source operating hours-per-day and days-per-week shall 2
be set to protect the ambient air quality standard and prevention of significant deterioration (PSD) 3
increment for particulate. The maximum source operating hours-per-day and days-per-week shall 4
be determined using the modeling procedures in 15A NCAC 02D .1106(b), (c), and (f). This 5
Subparagraph shall not apply to temporary air curtain incinerators; 6
(6) air curtain incinerators shall meet manufacturer's specifications for operation and upkeep to ensure 7
complete burning of material charged into the pit. Manufacturer's specifications shall be kept on site 8
and be available for inspection by Division staff; 9
(7) the owner or operator of an air curtain incinerator shall allow the ashes to cool and water the ash 10
prior to its removal to prevent the ash from becoming airborne; 11
(8) only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start 12
the fire; and 13
(9) the location of the burning shall be at least 300 feet from any dwelling, group of dwellings, or 14
commercial or institutional establishment, or other occupied structure not located on the property 15
on which the burning is conducted. The regional office supervisor may grant exceptions to the 16
setback requirements if a signed, written statement waiving objections to the air curtain burning is 17
obtained from a resident or an owner of each dwelling, commercial or institutional establishment, 18
or other occupied structure within 300 feet of the burning site. In case of a lease or rental agreement, 19
the lessee or renter, and the property owner shall sign the statement waiving objections to the 20
burning. The statement shall be submitted to and approved by the regional office supervisor before 21
initiation of the burn. Factors that the regional supervisor shall consider in deciding to grant the 22
exception include: all the persons who need to sign the statement waiving the objection have signed 23
it; the location of the burn; and the type, amount, and nature of the combustible substances. 24
(d) Exemptions. Temporary-use air curtain incinerators used in disaster recovery are excluded from the requirements 25
of this Rule if the following conditions are met: 26
(1) the air curtain incinerator meets the definition of a temporary-use air curtain incinerators used in 27
disaster recovery as specified in Subparagraph (b)(7) of this Rule; 28
(2) the air curtain incinerator meets all the requirements pursuant to 40 CFR 60.2969 or 60.3061, as 29
applicable; and 30
(3) the air curtain incinerator is operated in a manner consistent with the operations manual for the air 31
curtain incinerator and the charge rate during all periods of operation is less than or equal to the 32
lesser of 35 tons per day or the maximum charge rate specified by the manufacturer of the air curtain 33
incinerator. 34
(e) Permitting. Air curtain incinerators shall be subject to 15A NCAC 02Q .0500. 35
(1) The owner or operator of a new or existing permanent air curtain incinerator shall obtain a General 36
Title V Operating Permit pursuant to 15A NCAC 02Q .0509. 37
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(2) The owner or operator of a new or existing temporary air curtain incinerator shall obtain a General 1
Title V Operating Permit pursuant to 15A NCAC 02Q .0510. 2
(3) The owner or operator of an existing permanent or temporary air curtain incinerator shall complete 3
and submit a permit application no later than 12 months after the effective date of this Rule. 4
(4) The owner or operator of a new permanent or temporary air curtain incinerator shall complete and 5
submit a permit application 60 days prior to the date the unit commences operation. 6
(5) The owner or operator of an existing permanent or temporary air curtain incinerator that is planning 7
to close rather than obtaining a permit pursuant to 15A NCAC 02Q .0509 or 15A NCAC 02Q .0510 8
shall submit a closure notification to the Director no later than 12 months after the effective date of 9
this Rule. 10
(f) Opacity limits. 11
(1) The owner or operator of an existing air curtain incinerators shall meet the following opacity limits: 12
(A) Maintain opacity to less than or equal to 35 percent opacity (as determined by the average 13
of 3 1-hour blocks consisting of 10 6-minute average opacity values) during startup of the 14
air curtain incinerator, where startup is defined as the first 30 minutes of operation. 15
(B) Maintain opacity to less than or equal to 10 percent opacity (as determined by the average 16
of 3 1-hour blocks consisting of 10 6-minute average opacity values) at all times, other 17
than during startup or during malfunctions. 18
(2) The owner or operator of a new air curtain incinerator shall meet the opacity limits specified in 19
Subparagraph (f)(1) of this Rule within 60 days after air curtain incinerator reaches the charge rate 20
at which it will operate, but no later than 180 days after its initial startup. 21
(g) Performance tests. 22
(1) All initial and annual opacity tests shall be conducted using 40 CFR 60 Appendix A-4 Test Method 23
9 to determine compliance with the opacity limitations specified in Subparagraph (f)(1) of this Rule. 24
(2) The owner or operator of an existing air curtain incinerator shall conduct an initial performance test 25
for opacity as specified in 40 CFR 60.8 on or before 90 days after the effective date of this rule. 26
(3) The owner or operator of a new air curtain incinerator shall conduct an initial performance test for 27
opacity as specified in 40 CFR 60.8 within 60 days after achieving the maximum charge rate at 28
which the affected air curtain incinerator will be operated, but not later than 180 days after initial 29
startup of the air curtain incinerator. 30
(4) After the initial test for opacity, the owner or operator of a new or existing air curtain incinerator 31
subject to this Rule shall conduct annual opacity tests on the air curtain incinerator no more than 12 32
calendar months following the date of the previous test. 33
(5) The owner or operator of an existing air curtain incinerator that has ceased operations and is 34
restarting after more than 12 months since the previous test shall conduct an opacity test upon startup 35
of the unit. 36
(h) Recordkeeping and Reporting Requirements. 37
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(1) Prior to commencing construction of an air curtain incinerator, the owner or operator of a new air 1
curtain incinerator shall submit the following information to the Director: 2
(A) a notification of intent to construct an air curtain incinerator; 3
(B) the planned initial startup date of the air curtain incinerator; and 4
(C) the materials planned to be combusted in the air curtain incinerator. 5
(2) The owner or operator of a new or existing air curtain incinerator shall do the following: 6
(A) keep records of results of all initial and annual opacity tests onsite in either paper copy or 7
electronic format for five years; 8
(B) make all records available for submission to the Director or for an inspector's onsite review; 9
(C) report the results of the initial and annual opacity tests as the average of 3 1-hour blocks 10
consisting of 10 6-minute average opacity values; 11
(D) submit initial opacity test results to the Division no later than 60 days following the initial 12
test and submit annual opacity test results within 12 months following the previous report; 13
(E) submit initial and annual opacity test reports to the Division as electronic or paper copy 14
specified in 15A NCAC 02D .0605(i) on or before the applicable submittal date; and 15
(F) keep a copy of the initial and annual reports onsite for a period of five years. 16
(i) In addition to complying with the requirements of this Rule, an air curtain incinerator subject to: 17
(1) 40 CFR Part 60, Subpart CCCC, shall also comply with 40 CFR 60.2245 through 60.2260; or 18
(2) 40 CFR Part 60, Subpart EEEE, shall also comply with 40 CFR 60.2970 through 60.2974. 19
20
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10); 21
143-215.108; 40 CFR 60.2865; S.L. 2011-394, s.2; 22
Eff. July 1, 1996; 23
Amended Eff. July 3, 2012; July 1, 2007; December 1, 2005; August 1, 2004; 24
Readopted Eff. September 1, 2019.2019; 25
Amended Eff. 26
27
28
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15A NCAC 02D .1905 is proposed for amendment as follows: 1
2
15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS 3
Inquiries, requests, and plans shall be handled by the appropriate Department of Environmental Quality regional 4
office. Contact information for each regional office can be found on the Division website at 5
https://deq.nc.gov/about/divisions/air-quality/regional-offices. They are: 6
(1) Asheville Regional Office, 2090 U.S. 70 Highway, Swannanoa, North Carolina 28778; 7
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, North 8
Carolina 27105; 9
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 10
28115; 11
(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27609; 12
(5) Fayetteville Regional Office, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301; 13
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 14
and 15
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 18
Eff. July 1, 1996; 19
Amended Eff. December 1, 2005; 20
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 21
2016; 22
Amended Eff. ; September 1, 2019. 23
24
25
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15A NCAC 02D .2203 is proposed for amendment as follows: 1
2
15A NCAC 02D .2203 PUBLIC NOTICE 3
(a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The Commission 4
may specify other conditions for Special Orders issued without consent if such conditions are necessary to achieve or 5
demonstrate compliance with a requirement under this Subchapter or 15A NCAC 02Q. 6
(b) Notice of proposed Consent Order: 7
(1) The Director shall give notice pursuant to G.S. 143-215.110(a1). 8
(2) The Director shall give notice of a proposed Consent Order 30 days prior to any final action 9
regarding the Consent Order. 10
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 11
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 12
and provided to those persons specified in G.S. 143-215.110(a1)(1) for air quality special orders. 13
(4) The notice shall include at least the following: 14
(A) name, address, and telephone number of the Division; 15
(B) name and address of the person to whom the proposed order is directed; 16
(C) a brief summary of the conditions of the proposed order, including the period of time during 17
which action must be taken to achieve compliance and the major permit conditions or 18
emission standards that the source will be allowed to exceed during the pendency of the 19
order; 20
(D) a brief description of the procedures to be followed by the Commission or Director in 21
reaching a final decision on the proposed order, which shall include descriptions of the 22
process for submitting comments and requesting a public hearing. The description shall 23
specify that comments and requests for a public hearing are to be received by the Division 24
within 30 days following the date of public notice; and 25
(E) a description of the information available for public review, where it can be found, and 26
procedures for obtaining copies of pertinent documents. 27
(c) Notice of public hearing for proposed Consent Order: 28
(1) The Director shall consider all requests for a public hearing, and if significant public interest for a 29
public hearing exists, then he or she shall hold a public hearing. 30
(2) The Director shall give notice of the public hearing at least 30 days before the hearing. 31
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 32
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 33
and provided to those persons specified in G.S. 143-215.110(a1)(2) for air quality special orders. 34
(4) The notice shall include the information specified in Subparagraph (b)(4) of this Rule. It shall also 35
state the time and location for the hearing and the procedures for providing comment. 36
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(5) The Chairman of the Commission or the Director shall appoint one or more hearing officers to 1
preside over the public hearing and to receive written and oral comments. The hearing officer shall 2
provide the Commission a written report of the hearing, which shall include: 3
(A) a copy of the public notice; 4
(B) a copy of all the written comments and supporting documentation received; 5
(C) a summary of all the oral comments received; 6
(D) recommendations of the hearing officer to the Commission; and 7
(E) a proposed Consent Order for the Commission's consideration. 8
(d) Any person may request to receive copies of all notices required by this Rule, and the Director shall mail provide 9
copies of notices to those who have submitted a request. 10
(e) Any Consent Order may be modified by the Director to incorporate minor modifications, such as modification of 11
standard conditions to reflect updated versions of federal or state regulations, correction of typographical errors, or 12
interim date extensions, without public notice provided that the modifications do not extend the final compliance date 13
by more than four months. 14
15
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.110; 16
Eff. April 1, 2004; 17
Readopted Eff. February 1, 2018.2018; 18
Amended Eff. 19
20
21
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15A NCAC 02Q .0104 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS 3
(a) Application forms for a permit or permit modification may be obtained from and shall be filed with the Director, 4
Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or any of the regional offices 5
listed pursuant to 15A NCAC 02Q .0105. from the Division of Air Quality website at 6
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. Any person may request to receive copies of 7
application forms available on the Division of Air Quality website, and the Director shall provide copies of forms to 8
those who have submitted a request. 9
(b) Applications for a permit or permit modification shall be submitted as follows: 10
(1) Any submittal to the Division required under 15A NCAC 02Q .0500 shall be provided in hard copy 11
format with original signature of the responsible official, as defined in 15A NCAC 02Q .0503, to 12
the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-13
1641. 14
(2) Any submittal to the Division required under 15A NCAC 02Q .0300 shall be provided in hard copy 15
format with original signature of the responsible official, as defined in 15A NCAC 02Q .0303, to 16
the appropriate regional office address in accordance with 15A NCAC 02Q .0105. 17
(3) After such time that the Division makes available a system for receiving electronic submittals, as 18
identified in Paragraph (c) of this rule, submittals may be made in electronic format following the 19
procedures in Paragraph (c) of this rule in lieu of the procedures in Subparagraphs (1) and (2) of this 20
Paragraph. 21
(c) All electronic submittals shall meet the following requirements: 22
(1) Submittals to the Division pursuant to 15A NCAC 02Q .0500 shall be made through a system that 23
has been approved by EPA as compliant with the Cross Media Electronic Reporting Rule 24
(CROMERR) under 40 CFR Part 3. When available, a link to the approved electronic reporting 25
system will be made available on the Division of Air Quality permitting website at 26
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 27
(2) Submittals to the Division pursuant to 15A NCAC 02Q .0300 shall be made through the system 28
identified in Subparagraph (1) of this Paragraph, or as otherwise specified by the Division on its 29
permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 30
(b) The number of copies of applications to be filed shall be specified in 15A NCAC 02Q .0305 and .0507. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. January 1, 2015; August 1, 2002; July 1, 1997; 37
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Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
3
4
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15A NCAC 02Q .0105 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS 3
(a) Copies of applicable Code of Federal Regulations (CFR) sections referred to in this Subchapter may be obtained 4
free of charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for public 5
inspection at Department of Environmental Quality regional offices. offices upon request. The contact information for 6
each regional offices are: office is provided on the Division of Air Quality website at 7
https://deq.nc.gov/about/divisions/air-quality/regional-offices. 8
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105; 10
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 11
28115; 12
(4) Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 13
27609; 14
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 15
Carolina 28301; 16
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 17
and 18
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28403. 19
(b) Excluding information entitled to confidential treatment pursuant to 15A NCAC 02Q .0107, permit Permit 20
applications and permits may be reviewed at the Central Files office in the Department of Environmental Quality, 21
Green Square Office Building, 217 West Jones Street, Raleigh, North Carolina, 27603, electronically through the 22
public access portal on the Division of Air Quality website or at a Department of Environmental Quality regional 23
office, which may be contacted as specified in paragraph (a) of this Rule. excluding information entitled to confidential 24
treatment pursuant to 15A NCAC 02Q .0107. 25
(c) CopiesPaper copies of permit applications and permits can be made requested for pickup at a Department of 26
Environmental Quality regional office for ten cents ($0.10) per page. Copies of CFR may be obtained free of charge 27
online at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectioCode=CFR. 28
29
History Note: Authority G.S. 143-215.3(a)(1); 150B-19(5); 30
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 31
becomes effective, whichever is sooner; 32
Eff. July 1, 1994; 33
Amended Eff. December 1, 2005; 34
Readopted Eff. April 1, 2018.2018; 35
Amended Eff. 36
37
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15A NCAC 02Q .0206 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0206 PAYMENT OF FEES 3
(a) Payment of fees required pursuant to 15A NCAC 02Q .0200 may be by check or money order made payable to 4
the N.C. Department of Environmental Quality. Annual permit fee payments shall refer to the permit number. 5
(b) If, within 30 days after being billed, the permit holder fails to pay an annual fee required pursuant to 15A NCAC 6
02Q .0200, the Director may initiate action to terminate the permit pursuant to 15A NCAC 02Q .0309 or .0519 as 7
applicable. 8
(c) A holder of multiple permits may arrange to consolidate the payment of annual fees into one annual payment. 9
(d) The payment of the permit application fee required by 15A NCAC 02Q .0200 shall accompany the application 10
and is non-refundable. 11
(e) The Division shall annually prepare and make publicly available an accounting showing aggregate fee payments 12
collected pursuant to 15A NCAC 02Q .0200 from facilities that have obtained or will obtain permits pursuant to 15A 13
NCAC 02Q .0500 except synthetic minor facilities, and showing a summary of reasonable direct and indirect 14
expenditures required to develop and administer the Title V permit program. 15
(f) In lieu of the procedures in Paragraph (a) of this Rule, fees required pursuant to 15A NCAC 02Q .0200 may be 16
paid electronically if an electronic payment option is available for the applicable fee, as provided on the Division of 17
Air Quality Permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 18
19
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 20
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 21
becomes effective, whichever is sooner; 22
Eff. July 1, 1994; 23
Amended Eff. September 1, 2015; 24
Readopted Eff. April 1, 2018.2018; 25
Amended Eff. 26
27
28
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15A NCAC 02Q .0304 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0304 APPLICATIONS 3
(a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained and 4
shall be filed in writing according to 15A NCAC 02Q .0104. 5
(b) Information to accompany application. Along with filing a complete application form, the applicant shall also file 6
the following: 7
(1) for a new facility or an expansion of existing facility, a zoning consistency determination according 8
to G.S. 143-215.108(f) that: 9
(A) bears the date of receipt entered by the clerk of the local government; or 10
(B) consists of a letter from the local government indicating that all zoning or subdivision 11
ordinances are met by the facility; 12
(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and 13
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; 14
(3) for permit renewal, an emissions inventory that contains the information specified pursuant to 15A 15
NCAC 02D .0202, Registration of Air Pollution Sources (the applicant shall use emission inventory 16
forms or electronic data systems provided by the Division to satisfy this requirement); and 17
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if this 18
information is necessary to evaluate the source, its air pollution abatement equipment, or the facility: 19
(A) the applicant is financially qualified to carry out the permitted activities; or 20
(B) the applicant has substantially complied with the air quality and emissions standards 21
applicable to any activity in which the applicant has previously been engaged, and has been 22
in substantial compliance with federal and State environmental laws and rules. 23
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 (prevention of 24
significant deterioration) or .0531 (new source review for sources in nonattainment areas), applicants shall file air 25
permit applications at least 180 days before the projected construction date. For all other sources, applicants shall file 26
air permit applications at least 90 days before the projected date of construction of a new source or modification of an 27
existing source. 28
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the 29
originally permitted source, application for permit change may be made by application to the Director at the address 30
as specified in 15A NCAC 02Q .0104. The permit renewal, name, or ownership change application shall state that 31
there have been no changes in the permitted facility since the permit was last issued. 32
To make a name or ownership change, the applicant shall send the Director the copies of letters content specified in 33
15A NCAC 02Q .0305(a)(3) .0305(3) or (4) signed by the responsible official as defined in 15A NCAC 02Q .0303. 34
(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting 35
procedures may be made by letter to the Director at the address as specified in 15A NCAC 02Q .0104. To make 36
changes in construction or test dates or reporting procedures, the applicant shall send the Director the copies of letters 37
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letter specified in 15A NCAC 02Q .0305(a)(5) .0305(5) signed by the responsible official as defined in 15A NCAC 1
02Q .0303. 2
(f) When to file applications for permit renewal. Applicants shall file applications for renewals such that they are 3
mailed to the Director at the address as specified in 15A NCAC 02Q .0104.0104 at least 90 days before expiration of 4
the permit. If a hard copy of the application is mailed to the Director, the application shall be and postmarked at least 5
90 days before expiration of the permit. 6
(g) Name or ownership change. The permittee shall file requests for permit name or ownership changes when the 7
permittee is aware of the imminent name or ownership change. 8
(h) Number of copies of additional information. The applicant shall submit the same number of copies of additional 9
information as required for the application package. 10
(i)(h) Requesting additional information. Whenever the information provided on the permit application forms does 11
not adequately describe the source or its air cleaning device, the Director may request that the applicant provide other 12
information necessary to evaluate the source or its air cleaning device. Before acting on a permit application, the 13
Director may request information from an applicant and conduct any inquiry or investigation that is necessary to 14
determine compliance with applicable standards. 15
(j)(i) Application fee. With the exceptions specified in 15A NCAC 02Q .0203(i), a non-refundable permit application 16
processing fee shall accompany each application. The permit application processing fees are listed in 15A NCAC 02Q 17
.0200. A permit application shall be incomplete until the permit application processing fee is received. 18
(k)(j) Correcting submittals of incorrect information. An applicant shall have a continuing obligation to submit 19
relevant facts pertaining to his or her permit application and to correct incorrect information in his or her permit 20
application. 21
(l)(k) Retaining copy of permit application package. The applicant shall retain for the duration of the permit term one 22
complete copy of the application package and all information submitted in support of the application package. 23
24
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 25
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 26
effective, whichever is sooner; 27
Eff. July 1, 1994; 28
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999; 29
Readopted Eff. April 1, 2018.2018; 30
Amended Eff. 31
32
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15A NCAC 02Q .0305 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT 3
(a) If an applicant does not submit the following information with the application package, the application package 4
shall be considered incomplete for processing: 5
(1) for new facilities and modified facilities: 6
(A)(a) an application fee required pursuant to 15A NCAC 02Q .0200; 7
(B)(b) a zoning consistency determination required pursuant to15A NCAC 02Q .0304(b)(1); 8
(C)(c) the documentation required pursuant to 15A NCAC 02Q .0304(b)(2) if required; 9
(D)(d) a financial qualification or substantial compliance statement if required; and 10
(E)(e) applications required pursuant to 15A NCAC 02Q .0304(a) and Paragraph (b) of this Rule 11
and signed by the responsible official; 12
(2) for renewals: one copy of the application required pursuant to 15A NCAC 02Q .0304(a) and (d) and 13
(d), signed by the responsible official official, and an emissions inventory that contains the 14
information specified pursuant to 15A NCAC 02D .0202, Registration of Air Pollution Sources; 15
(3) for a name change: one copy a letter signed by the responsible official indicating the current facility 16
name, the date on which the name change will occur, and the new facility name; 17
(4) for an ownership change: an application fee required pursuant to 15A NCAC 02Q .0200 and: 18
(A)(a) one copy of a letter signed by the seller and the buyer, indicating the change; or 19
(B)(b) one copy of a letter bearing the signature of both the seller and buyer, containing a written 20
agreement with a specific date for the transfer of permit responsibility, coverage, and 21
liability between the current and new permittee; or 22
(C)(c) submit one copy of the appropriate form provided by the Division; and 23
(5) for corrections of typographical errors; changes in name, address, or telephone number of any 24
individual identified in the permit; changes in test dates or construction dates; or similar minor 25
changes: one copy of a letter signed by the responsible official describing the proposed change and 26
explaining the need for the proposed change. 27
(b) The applicant shall submit copies of the application package as follows: 28
(1) one copy for all applications; 29
(2) one additional copy for facilities demonstrating compliance through modeling analysis; and 30
(3) three additional copies for sources subject to the requirements of 15A NCAC 02D .0530 or .0531. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. December 1, 2005; April 1, 2004; 37
VI-36 A-128
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Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
3
4
VI-37 A-129
29 of 39
15A NCAC 02Q .0307 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES 3
(a) This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix 4
S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 5
CFR Part 51, the procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be followed, 6
respectively. 7
(b) Public notice shall be given by publication in a newspaper of general circulation in the area where the facility is 8
located and shall be mailed provided to persons who are on the Division's mailing notification list for air quality permit 9
notices and to the EPA. 10
(c) The public notice shall identify: 11
(1) the affected facility; 12
(2) the name and address of the permittee; 13
(3) the name and address of the person to whom to send comments and requests for public hearing; 14
(4) the name, address, and telephone number of a Divisional staff person from whom interested persons 15
may obtain additional information, including copies of the draft permit, the application, compliance 16
plan, monitoring and compliance reports, all other relevant supporting materials, and all other 17
materials available to the Division that are relevant to the permit decision; 18
(5) the activity or activities involved in the permit action; 19
(6) any emissions change involved in any permit modification; 20
(7) a brief description of the public comment procedures; 21
(8) the procedures to follow to request a public hearing unless a public hearing has already been 22
scheduled; and 23
(9) the time and place of any hearing that has already been scheduled. 24
(d) The notice shall allow at least 30 days for public and EPA comments. 25
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 26
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 27
30 days before the public hearing. 28
(f) The Director shall make available for public inspection in at least one location in the region affected the information 29
submitted by the permit applicant and the Division's analysis of that application. 30
(g) The Director shall send EPA a copy of each draft permit subject to public and EPA comment when sending EPA 31
the notice of request for public comment for that permit and shall send EPA a copy of each such permit when it is 32
issued. 33
(h) Confidential material shall be handled in accordance with 15A NCAC 02Q .0107. 34
35
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108; 36
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Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 1
becomes effective, whichever is sooner; 2
Eff. July 1, 1994; 3
Amended Eff. July 1, 1998; 4
Readopted Eff. April 1, 2018.2018; 5
Amended Eff. 6
7
8
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15A NCAC 02Q .0505 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit the following information with its application package, the application package shall 4
be returned: 5
(1) for new facilities and modified facilities: 6
(a) an application fee as required pursuant to 15A NCAC 02Q .0200; 7
(b) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1); 8
(c) the documentation required pursuant to 15A NCAC 02Q .0507(d)(2); 9
(d) a financial qualification or substantial compliance statement if required; and 10
(e) applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), signed 11
as required by 15A NCAC 02Q .0520; 12
(2) for renewals: applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), 13
signed as required by 15A NCAC 02Q .0520; 14
(3) for a name change: three copies of a letter signed by a responsible official in accordance with 15A 15
NCAC 02Q .0520 indicating the current facility name, the date on which the name change will 16
occur, and the new facility name; 17
(4) for an ownership change: an application fee as required pursuant to 15A NCAC 02Q .0200; and 18
three copies of a letter bearing the signature of both the seller and buyer and containing a written 19
agreement with a specific date for the transfer of permit responsibility, coverage, and liability 20
between the current and new permittee; and 21
(5) for corrections of typographical errors; changes of the name, address, or telephone number of any 22
individual identified in the permit; changes in test dates or construction dates; or similar minor 23
changes: three copies of a letter signed by a responsible official in accordance with 15A NCAC 02Q 24
.0520 describing the proposed change and explaining the need for the proposed change. 25
26
History Note: Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10); 143-215.108; 27
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 28
becomes effective, whichever is sooner; 29
Eff. July 1, 1994; 30
Amended Eff. April 1, 2004; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022 33
34
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15A NCAC 02Q .0507 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0507 APPLICATION 3
(a) Except for: 4
(1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515; 5
(2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or 6
(3) renewals submitted pursuant to 15A NCAC 02Q .0513; 7
the owner or operator of a source shall have 12 months after the facility or source becomes subject to the Title V 8
operating permit program pursuant to 15A NCAC 02Q .0500 to file a complete application for a permit or permit 9
revision. However, the owner or operator of a source shall not begin construction or operation of a source until he or 10
she has obtained a construction and operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and 15A NCAC 11
02Q .0504. 12
(b) An application shall include all the information described in 40 CFR 70.3(d) and 70.5(c), including a list of 13
insignificant activities because of size or production rate but not including insignificant activities because of category. 14
An application shall be certified by a responsible official for truth, accuracy, and completeness. In an application 15
submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 15A NCAC 16
02Q .0400 or 15A NCAC 02D .0530 or .0531 if the information in those applications contains information required 17
in this Section and is current, accurate, and complete. 18
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with 15A NCAC 02Q 19
.0104 on forms of the Division and shall include plans and specifications giving all necessary data and information as 20
required by this Rule. If the information provided on these forms does not describe the source or its air pollution 21
abatement equipment to the extent necessary to evaluate the application, the Director shall request that the applicant 22
provide any other information necessary to evaluate the source and its air pollution abatement equipment. 23
(d) Along with filing a complete application, the applicant shall also file the following: 24
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance 25
with G.S. 143-215.108(f) that: 26
(A) bears the date of receipt entered by the clerk of the local government; or 27
(B) consists of a letter from the local government indicating that all zoning or subdivision 28
ordinances are met by the facility; 29
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and 30
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; and 31
(3) if required by the Director, information showing that: 32
(A) the applicant is financially qualified to carry out the permitted activities; or 33
(B) the applicant has substantially complied with the air quality and emissions standards 34
applicable to any activity in which the applicant has previously been engaged and has been 35
in substantial compliance with federal and State environmental laws and rules. 36
(e) The applicant shall submit copies of the application package as follows: 37
VI-41 A-133
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(1) for sources subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, five copies plus 1
one additional copy for each affected state that the Director has to notify pursuant to 15A NCAC 2
02Q .0521 and 15A NCAC 02Q .0522; 3
(2) for sources not subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, three copies 4
plus one additional copy for each affected state that the Director has to notify pursuant to 15A NCAC 5
02Q .0521 and 15A NCAC 02Q .0522. 6
(f)(e) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit 7
application shall, upon becoming aware of such failure or incorrect submittal, submit such supplementary facts or 8
corrected information. In addition, an applicant shall provide additional information as necessary to address any 9
requirements that become applicable to the source after the date the applicant filed a complete application but prior to 10
release of a draft permit. 11
(g) The applicant shall submit the same number of copies of additional information as required for the application 12
package. 13
(h)(f) The submittal of a complete permit application shall not affect the requirement that any facility have a permit 14
pursuant to 15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC 02Q .0400. 15
(i)(g) The Director shall give priority to permit applications containing early reduction demonstrations pursuant to 16
Section 112(i)(5) of the federal Clean Air Act. The Director shall take final action on such permit applications after 17
receipt of the complete permit application. 18
(j)(h) Except as specified in 15A NCAC 02Q .0203(i), a non-refundable permit application processing fee, defined in 19
15A NCAC 02Q .0200, shall accompany each application. Each permit application shall be deemed incomplete until 20
the permit application processing fee is received. 21
(k)(i) The applicant shall retain for the duration of the permit term one complete copy of the application package and 22
all information submitted in support of the application package. 23
24
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 25
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 26
becomes effective, whichever is sooner; 27
Eff. July 1, 1994; 28
Amended Eff. July 1, 1997; July 1, 1996; February 1, 1995; 29
Temporary Amendment Eff. December 1, 1999; 30
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022. 33
34
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15A NCAC 02Q .0508 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0508 PERMIT CONTENT 3
(a) A permit shall specify and reference the origin and authority for each term or condition and shall identify any 4
differences compared to the applicable requirement on which the term or condition is based. 5
(b) A permit shall specify emission limitations and standards, including operational requirements and limitations, that 6
assure compliance with all applicable requirements at the time of permit issuance. 7
(c) Where an applicable requirement of the federal Clean Air Act is more stringent than an applicable requirement of 8
rules promulgated pursuant to Title IV, both provisions shall be placed in a permit. A permit shall state that both 9
provisions are enforceable by EPA. 10
(d) A permit for sources using an alternative emission limit established in 15A NCAC 02D .0501 (d) or 15A NCAC 11
02D .0952 shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be 12
quantifiable, accountable, enforceable, and based on replicable procedures. 13
(e) The expiration date of a permit shall be for a fixed term of five years for sources covered by Title IV and for a 14
term of no more than five years from the date of issuance for all other sources including solid waste incineration units 15
combusting municipal waste subject to standards in Section 129(e) of the federal Clean Air Act. 16
(f) A permit shall contain monitoring and related recordkeeping and reporting requirements as specified in 40 CFR 17
70.6(a)(3) and 70.6(c)(1), including conditions requiring: 18
(1) the permittee to submit reports of required monitoring at least every six months. The permittee shall 19
submit reports: 20
(A) on forms obtained from the Division at the address as specified in 15A NCAC 02Q .0104; 21
(B) in a manner as specified by a permit condition; or 22
(C) on other forms that contain the information required by this Subchapter or as specified by 23
a permit condition; 24
(2) the permittee to report: 25
(A) malfunctions, emergencies, and other upset conditions as prescribed in 15A NCAC 02D 26
.0524, .0535, .1110, or .1111; and 27
(B) deviations quarterly from permit requirements not covered by 15A NCAC 02D .0524, 28
.0535, .1110, or .1111. The permittee shall include the probable cause of such deviations 29
and any corrective actions or preventive measures taken; and 30
(3) the responsible official to certify all deviations from permit requirements. 31
(g) At the request of a permittee, the Director may allow records to be maintained in electronic form in lieu of 32
maintaining paper records. The Director shall make this decision based on factors such as whether the electronic 33
records contain the same information as the paper records and the availability of the electronic records for inspection 34
to demonstrate compliance. 35
(h) A permit for facilities covered by 15A NCAC 02D .2100, Risk Management Program, shall contain: 36
(1) a statement listing 15A NCAC 02D .2100 as an applicable requirement; and 37
(2) conditions that require the owner or operator of the facility to submit: 38
VI-43 A-135
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(A)a compliance schedule for meeting the requirements of 15A NCAC 02D .2100 by the dates 1
provided in 15A NCAC 02D .2101(a); or2
(B)as part of the compliance certification required by Paragraph (n) of this Rule, a certification 3
statement that the source is in compliance with all requirements of 15A NCAC 02D .2100,4
including the registration and submission of the risk management plan.5
The content of the risk management plan need not be incorporated as a permit term or condition. 6
(i) A permit shall:7
(1)contain a condition prohibiting emissions exceeding any allowances that a facility lawfully holds8
pursuant to Title IV but shall not limit the number of allowances held by a permittee. A permittee9
shall not use allowances as a defense to noncompliance with any other applicable requirement;10
(2)contain a severability clause so that various permit requirements will continue to be valid in the11
event of a challenge to any other portion of the permit;12
(3)state that noncompliance with any condition of the permit constitutes a violation of the Act and is13
grounds for enforcement action; for permit termination, revocation and reissuance, or modification;14
or for denial of a permit renewal application;15
(4)state that the permittee may not use as a defense in an enforcement action that it would have been16
necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions17
of the permit;18
(5)state that the Director may reopen, modify, revoke and reissue, or terminate the permit for reasons19
specified in 15A NCAC 02Q .0517 or .0519;20
(6)state that the filing of a request by the permittee for a permit revision, revocation and reissuance,21
termination, notification of planned changes, or anticipated noncompliance does not stay any permit22
condition;23
(7)specify the conditions in which the permit will be reopened before the expiration of the permit;24
(8)state that the permit does not convey any property rights of any sort, or any exclusive privileges;25
(9)state that the permittee will furnish to the Division, in a timely manner:26
(A)any information that the Director may request in writing to determine whether cause exists27
for modifying, revoking and reissuing, or terminating the permit or to determine28
compliance with the permit, and29
(B)copies of records required to be kept by the permit when such copies are requested by the30
Director.31
The permit shall also state that for information claimed to be confidential, the permittee may furnish 32
such records directly to EPA along with a claim of confidentiality; 33
34
(10)contain a provision to ensure that the permittee pays fees required by 15A NCAC 02Q .0200;35
(11)contain a condition that authorizes the permittee to make Section 502(b)(10) changes, off-permit36
changes, or emission trades in accordance with 15A NCAC 02Q .0523;37
VI-44 A-136
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(12) include all applicable requirements for all sources covered by the permit; 1
(13) include fugitive emissions in the same manner as stack emissions; 2
(14) contain a condition requiring annual reporting of actual emissions as required by 15A NCAC 02Q 3
0207; 4
(15) include all sources including insignificant activities; and 5
(16) contain other provisions the Director considers appropriate. 6
(j) A permit shall state the terms and conditions for reasonably anticipated operating scenarios identified by the 7
applicant in the application. These terms and conditions shall: 8
(1) require the permittee, contemporaneously with making a change from one operating scenario to 9
another, to record in a log at the permitted facility a record of the operating scenario in which it is 10
operating; 11
(2) extend the permit shield described in 15A NCAC 02Q .0512 to all terms and conditions in each such 12
operating scenario; and 13
(3) ensure that each operating scenario meets all applicable requirements of Subchapter 02D of this 14
Chapter and of this Section. 15
(k) A permit shall identify which terms and conditions are enforceable by the Division only. 16
(l) A permit shall state that the permittee will allow personnel of the Division to: 17
(1) enter the permittee's premises where the permitted facility is located or emissions-related activity is 18
conducted, or where records are kept by the conditions of the permit; 19
(2) have access to and copy any records that are required to be kept by the conditions of the permit; 20
(3) inspect any source, equipment, including monitoring and air pollution control equipment, practices, 21
or operations regulated or required by the permit; and 22
(4) sample or monitor substances or parameters, for the purpose of assuring compliance with the permit 23
or applicable requirements. 24
(m) When a compliance schedule is required by 40 CFR 70.5(c)(8) or by a rule contained in Subchapter 02D of this 25
Chapter, the permit shall contain the compliance schedule and shall state that the permittee shall submit at least 26
semiannually, or more frequently if specified in the applicable requirement, a progress report. The progress report 27
shall contain: 28
(1) dates for achieving the activities, milestones, or compliance required in the compliance schedule 29
and dates when such activities, milestones, or compliance were achieved; and 30
(2) an explanation of why any dates in the compliance schedule were not or will not be met and any 31
preventive or corrective measures adopted. 32
(n) The permit shall contain requirements for compliance certification with the terms and conditions in the permit 33
that are enforceable by EPA pursuant to Title V of the federal Clean Air Act, including emissions limitations, 34
standards, and work practices. The permit shall specify: 35
(1) the frequency, not less than annually or more frequently as specified in the applicable requirements, 36
of submissions of compliance certifications; 37
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(2)a means for monitoring the compliance of the source with its emissions limitations, standards, and 1
work practices;2
(3)a requirement that the compliance certification include:3
(A)the identification of each term or condition of the permit that is the basis of the certification;4
(B)the status of compliance with the terms and conditions of the permit for the period covered5
by the certification, based on the methods or means designated in 40 CFR6
70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account in7
the compliance certification. The certification shall also identify as possible exceptions to8
compliance any periods during which compliance was required and in which an excursion9
or exceedance as defined in 40 CFR 64 occurred;10
(C)whether compliance was continuous or intermittent;11
(D)the identification of the methods or other means used by the owner and operator for12
determining the compliance status with each term and condition during the certification13
period; these methods shall include the methods and means required in 40 CFR Part14
70.6(a)(3).The owner or operator also shall identify any other material information that15
shall be included in the certification to comply with Section 113(c)(2) of the federal Clean16
Air Act, which prohibits knowingly making a false certification or omitting material17
information; and18
(E)such other facts as the Director may require to determine the compliance status of the19
source; and20
(4)that all compliance certifications be submitted to EPA as well as to the Division.21
22
History Note: Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108; 23
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is 24
sooner; 25
Eff. July 1, 1994; 26
Amended Eff. July 1, 1996; 27
Temporary Amendment Eff. December 1, 1999; 28
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; 29
July 1, 2000; 30
Readopted Eff. April 1, 2018; 31
Amended Eff. ; September 1, 2022 32
VI-46 A-138
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15A NCAC 02Q .0710 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING 3
(a) If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or4
(b), the Commission or its delegate shall approve or disapprove the permit after a public notice with an opportunity 5
for a public hearing. 6
(b) The public notice shall be given by publication in a newspaper of general circulation in the area where the facility7
is located and shall be mailed provided to persons who are on the Division's mailing notification list for air quality 8
permit notices. 9
(c) The public notice shall identify:10
(1)the affected facility;11
(2)the name and address of the permittee;12
(3)the name and address of the person to whom to send comments and requests for public hearing;13
(4)the name, address, and telephone number of a Divisional staff person from whom interested persons14
may obtain additional information, including copies of the draft permit, the application, compliance15
plan, pollution prevention plan, monitoring and compliance reports, all other relevant supporting16
materials, and all other materials available to the Division that are relevant to the permit decision;17
(5)the activity or activities involved in the permit action;18
(6)emissions change involved in the proposed permit modification;19
(7)a brief description of the public comment procedures;20
(8)the procedures to follow to request a public hearing unless a public hearing has already been21
scheduled; and22
(9)the time and place of a hearing that has already been scheduled.23
(d) The notice shall allow at least 30 days for public comments.24
(e) If the Director determines that significant public interest exists or that the public interest will be served, the25
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 26
30 days before the public hearing. 27
(f) The Director shall make available for public inspection, in at least one location in the region affected, the28
information submitted by the permit applicant and the Division's analysis of that application. 29
(g) Any persons requesting paper copies of material identified in Subparagraph (c)(4) of this Rule shall pay ten cents30
($0.10) per page for each page copied. Confidential material shall be handled in accordance with 15A NCAC 02Q 31
.0107. 32
33
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; 34
Rule originally codified as part of 15A NCAC 2H .0610; 35
Eff. July 1, 1998; 36
Readopted Eff. July 1, 2018.2018; 37
VI-47 A-139
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Amended Eff. 1
2
3
4
VI-48 A-140
Chapter VII
The following documentation of filing and notification is incorporated as part of this hearing
record and is maintained on file:
1.Submission of Filing Forms and material filed with Office of Administrative
Hearings
2.Executive Order No. 70 Certification Form
3.Letter notifying EPA of hearing
4.Letter transmitting hearing record to EPA, if submitted for approval
VII-1 A-141
This page is intentionally blank.
VII-2 A-142
1
Fiscal Note for Revisions to Allow Electronic Submittals
Rule Citation Number 15A NCAC 02D .0103, .0501, .0546, .0605, .1903, .1904, .1905 and .2203, and
15A NCAC 02Q .0104, .0105, .0206, .0304, .0305, .0307, .0505, .0507, .0508,
and .0710.
Rule Topic: Amendments to Allow Electronic Submittal of Documents
DEQ Division: Division of Air Quality (DAQ)
Agency Contact: Randy Strait, Planning Section Chief
Division of Air Quality (DAQ)
[phone]
[e-mail]
Analyst: Katherine Quinlan, DAQ
[phone]
[e-mail]
Impact Summary: State government: Yes
Local government: Yes
Substantial impact: No
Private Sector: Yes
Authority: G.S. 143-215.3(a)(1); G.S. 143-215.107(a)(10); G.S. 143-215.108;
Necessity: To update the air quality rules in 15A NCAC, Subchapters 02D and 02Q, to
allow digital documents and electronic submittals where physical hard copies are
currently required.
Attachment B B-1
2
I.Purpose
The purpose of this document is to provide an analysis detailing the fiscal impacts associated with the
proposed amendments to fourteen rules in 15A NCAC, Subchapters 02D and 02Q, to allow electronic
documents where hard copies are currently specified by the rules.
II.Background
Some of the current air quality rules in 15A NCAC, Subchapters 02D and 02Q, require physical copies of
correspondence, records, and applications. In some instances, regulated entities are required to provide
multiple copies of these documents, to be used by the DAQ for notifying affected states and the
Environmental Protection Agency (EPA). In other rules, certain forms are required to be submitted with
the original signature of the responsible official or are required to be postmarked by a certain date, both of
which imply a hard copy submittal is expected. Additionally, some rules do not specify the format of
correspondence and records.
In recent years, DEQ has dedicated efforts towards streamlining and digitizing its permitting process and
agency records, as described below.
In March of 2020, with many DAQ staff working remotely in response to the pandemic, the DAQ
established an email address for electronic submittals of permit applications and reports. However, hard
copies are still required per the applicable rules, and are currently designated as the official agency record.
Electronic submittals provide greater accessibility for staff that are located throughout the state and save
resources for both the state and regulated community.
The DAQ is finalizing the development of a digital document repository that uses Laserfiche, a secure
digital content management software. This repository will be the location of official agency records and
will have an interface through which public documents can be accessed remotely. For documents received
in hard copy format, agency staff scan the documents using optical character recognition (OCR) software
and then upload the record into the database. Depending on the quality of the document and scan, this can
sometimes lead to imperfect character recognition and searching capabilities for such documents. Records
received in electronic format often save staff time and resources otherwise spent preparing the document
for upload into Laserfiche, and lead to a better-quality electronic record for public viewing and searching.
The DAQ will digitize and upload historic records to the repository according to a prescribed schedule.
Some of the other DEQ Divisions have already successfully launched their Laserfiche libraries.
In parallel, the DEQ continues with its Permitting Transformation Program (PTP) initiative, which seeks
to modernize the permitting system online through creation of a web-based solution for applying,
tracking, and paying for applications, currently named the NC DEQ Self Service Permit Portal. The effort
is coordinated through the Division of Environmental Assistance and Customer Service (DEACS), with
the Department of Information Technology (DIT) leading the technology implementation. To date, DEQ
has successfully automated Hazardous Waste Billing, and is currently developing the Portal for certain
Attachment B B-2
3
permits managed by the Division of Coastal Management (DCM) and the Division of Energy, Mineral
and Land Resources (DEMLR).1
Although the DAQ has been identified for inclusion into the PTP, it is expected that there may be
considerable time between implementation of the DAQ Laserfiche library and adoption of these rule
revisions, and availability of the NC DEQ Self Service Permit Portal to receive air quality permit
applications. To bridge the gap during this interim period, the DAQ intends to develop and make
available a system for receiving electronic documents. This will allow DAQ to begin receiving electronic
submittals as the official agency record that can be uploaded to Laserfiche, bypassing the need for DAQ
staff to scan paper copies. In order to receive documents required by EPA regulations (e.g., Title V permit
applications), the system must be compliant with the Cross-Media Electronic Reporting Rule
(CROMERR) in 40 CFR Part 3, which establishes the framework for electronic reporting related to EPA
regulations. Until such time that DAQ receives approval under 40 CFR Part 3, these documents must
continue to be received in hard copy format with original signature of the responsible official.
To provide greater accessibility of public records, streamline the records submittal process, and conserve
resources, the DAQ is proposing to revise the applicable rules in Subchapters 02D and 02Q to allow
electronic submittals of permit applications, reports, forms, and other documentation, to accompany the
ongoing digital document initiatives.
III. Reason for Rule Changes
The changes proposed in this rulemaking serve to facilitate the transition of DEQ’s records procedures
towards an electronic receipt and storage system. As detailed in Section II of this fiscal note, the receipt of
air quality documents will track the following evolution:
1) All applications and records required under Subchapters 02D and 02Q must be submitted in hard
copy format, until such time that the DAQ allows for electronic submittals, as indicated on the DAQ
Permitting website.
2) Once the DAQ allows for electronic permit application submittals, applications may be submitted in
either hard copy or electronic format. Electronic submittals for Title V applications must be submitted
through the CROMERR-compliant system identified on DAQ’s permitting website. Electronic minor
source applications must be submitted as indicated on the DAQ permitting website, which may be
through the same system as Title V applications.
3)Once the DAQ is incorporated into the DEQ PTP, the DAQ permitting website will be updated to
direct applicants to the DEQ Self Service Permit Portal.
For records submitted under step 1, DAQ staff will scan the hard copy submittal, perform a quality check,
and then upload the record into Laserfiche. Records submitted under steps 2 and 3 will likely be received
in the format needed for upload to Laserfiche and can be retained as the official agency record.
1 DEQ Permitting Transformation Program, North Carolina Department of Environmental Quality website,
https://deq.nc.gov/permits-rules/deq-permitting-transformation-program#current-situation
Attachment B B-3
4

IV. Proposed Rule Changes
Amendments are proposed to eighteen rules in Subchapters 02D and 02Q in this rulemaking. The most
significant changes are proposed to Rule 02Q .0104, which contains the procedures for filing permit
applications and related materials, and Rule 02D .0605, which contains the general recordkeeping and
reporting requirements. Minor revisions are proposed to various other rules throughout Subchapters 02D
and 02Q, as detailed further below.

Significant revisions to 15A NCAC 02Q .0104, Where to Obtain and File Permit Applications
15A NCAC 02Q .0104 is revised to outline the procedures for submitting permit applications during the
DAQ’s transition to an electronic records system, as outlined below.

Paragraph (a) is revised to provide the DAQ’s permitting website for obtaining forms, since this is how
most applicants obtain permit application forms. The revised language still allows for obtaining forms by
contacting the DAQ.

New paragraph (b) continues to require hard copy submissions for permit applications and notifications
until such time that DAQ makes available a system for receiving electronic submittals, after which
submittals may be provided in either hard copy or electronic format.

New paragraph (c) outlines the requirements for electronic permit application submittals. As described in
Section II of this fiscal note, electronic Title V applications and notifications must be submitted through a
CROMERR-compliant system. Such a requirement does not apply to minor source permit applications
issued under 15A NCAC 02Q .0300. Therefore, paragraph (b) only requires submission through a
CROMERR-compliant system for electronic Title V applications. For applicants who choose to submit
minor source permit applications electronically, applications are required to be submitted as specified on
the DAQ’s permitting website, which may be the same system as required for Title V applications. This
structure allows flexibility for minor source applications while DAQ is developing and requesting
approval of its CROMERR-compliant system. Throughout the transition, the current electronic submittal
requirements for Title V and minor source permits will be clearly stated on the DAQ’s permitting
website.

Significant revisions to 15A NCAC 02D .0605, General Recordkeeping and Reporting Requirements
15A NCAC 02D .0605 is revised to add new procedures for submitting records and reports required by
Subchapter 02D and 02Q, as new paragraph (i). The procedures mirror those for permit applications in
02Q .0104(b) and (c), continuing to require hard copies until the DAQ makes available a CROMERR-
compliant system for receiving documents electronically, after which the documents can be submitted in
either hard copy or electronic format.

Minor revisions throughout Subchapters 02D and 02Q
15A NCAC 02D .0103, Copies of Referenced Federal Regulations, is revised to remove the list of DEQ
regional offices with their respective mailing addresses, since one or more of the regional offices are
Attachment B B-4
5

expected to change location soon. The revised language instead contains the website address where the
most recent contact information for each DAQ regional office can be found. This will allow addresses and
contact information to be updated quickly and without a rule revision, so that the most current
information can be easily obtained. Additionally, the language of paragraph (b) was updated with the
current URL for obtaining copies of the Code of Federal Regulations (CFR) and moved to the beginning
of the Rule since this is the most used method of obtaining such copies.

15A NCAC 02D .0501, Compliance with Emission Control Standards, is revised to reference Rule 02Q
.0105 in Subparagraphs (e)(1) and (2) for methods of reviewing permits.

15A NCAC 02D .0546, Control of Emissions from Log Fumigation Operations, is revised to remove the
requirement in Subparagraph (f)(2) for an original signature, which would require submission in hard
copy format. Additionally, reference to 15A NCAC 02D .0605(i) was added to clarify the methods and
format of submitting quarterly reports.

15A NCAC 02D .1903, Open Burning Without An Air Quality Permit, is revised to change the method of
obtaining the open burning notification form from writing the regional office at its physical address, to
contacting the regional office. This allows such requests to be received by email and aligns with the
proposed revisions to Rule 02Q .1905, as described below.

15A NCAC 02D .1904, Air Curtain Incinerators, is revised to replace the option in Part (h)(2)(E) for
electronic or paper copy opacity test reports with a reference to the procedures in 15A NCAC 02D
.0605(i).

15A NCAC 02D .1905, Regional Office Locations, is revised to list the DAQ regional office website
address for obtaining contact information, rather than listing the physical address of each office.

15A NCAC 02D .2203, Public Notice, is revised to remove the requirement public notices be mailed to
interested persons. The revised language only requires that the public notice be provided to interested
persons but does not prescribe the format. These notices are provided using an email list. There have not
been any requests for copies of public notices via mail in recent years.

15A NCAC 02Q .0105, Copies of Referenced Documents, is revised to align paragraph (a) with the
changes to Rule 02D .0103. Paragraph (b) is revised to direct the public to the public access portal on the
DAQ website for reviewing permits and associated applications, rather than the Central Files office.
Paragraph (c) is revised to clarify that the $0.10 per page charge only applies to requests for paper copies
of permits and associated applications.

15A NCAC 02Q .0206, Payment of Fees, is revised to add an option for electronic fee payments, as new
paragraph (f). Permit fees are largely already being paid electronically. There are three methods of
making ePayments: 1) credit card; 2) debit card; and 3) electronic transfer of funds (eCheck). A
convenience fee is charged by a third-party provider for all online payments made by credit or debit card.
Currently, credit card transactions are charged a fee 2.65% of the amount paid, and debit card transactions
are charged a flat fee of $3.95. DEQ does not receive any portion of the fees associated with this service.
Attachment B B-5
6

No processing fee is charged for payments made by eCheck, but a $35 penalty is charged for checks
returned due to insufficient funds, as provided by North Carolina General Statute (N.C.G.S.) 25-3-506.

15A NCAC 02Q .0304, Applications, is revised to update cross references, and remove references to
filing applications “in writing”, DAQ addresses, and multiple copies of letters and additional information.
The revised language references Rule 02Q .0104 for application submittal methods.

15A NCAC 02Q .0305, Application Submittal Content, is revised to remove references in Subparagraphs
(a)(2) through (5) to copies of applications and letters, since only one copy will be required for any
documents submitted electronically. Paragraph (b), which currently specifies the number of copies for
various types of applications, is removed.

15A NCAC 02Q .0307, Public Participation Procedures, is revised to remove the requirement in
paragraph (b) for a public notice mailing list. The revised language instead requires a notification list,
since these notices are provided to interested persons electronically using an email list maintained by the
DAQ. There have not been any interested persons requesting hard copy mailed notices in recent years.

15A NCAC 02Q .0505, Application Submittal Content, is revised to remove requirements for multiple
copies of letters, including those required under Rule 02Q .0507(e), which is also proposed for removal in
this rulemaking.

15A NCAC 02Q .0507, Application, is revised to remove paragraphs (e) and (g), which require multiple
copies of Title V permit applications. Only one copy of Title V permit applications will be required,
regardless of whether the application is received in hard copy or electronic format.

15A NCAC 02Q .0508, Permit Content, is revised to remove a reference to physical mailing addresses for
the DAQ. The revised language references 15A NCAC 02Q .0104 for obtaining and filing forms.

15A NCAC 02Q .0710, Public Notice and Opportunity for Public Hearing, is revised to reference the
DAQ’s notification list in paragraph (b) instead of mailing list for permit public notices. Paragraph (g) is
revised to clarify that only paper copies will require a charge, since the DAQ will provide electronic
copies unless a paper copy is specifically requested.
V. Cost and Benefit Summary
The proposed rule revisions will benefit the regulated community and DAQ. As outlined above, the
proposed revisions will streamline the permit application and records submittal process and alleviate the
burden of printing and mailing permit applications and other required reports. Additionally, permit
applicants will only need to provide one copy of applications. This rulemaking also increases the public’s
access to and quality of records.

Benefits are expected for the DAQ, primarily due to savings in staff time. These revisions are needed to
align the records receipt format with the records storage format, which will be electronic upon launch of
the DAQ Laserfiche library. Therefore, DAQ staff will save time otherwise spent scanning paper
Attachment B B-6
7

documents and verifying the quality of such scans, since electronic submittals can be directly uploaded to
the Laserfiche library and made available for public viewing in a timelier manner.

The time spent scanning a record received in paper format can vary significantly due to number of pages,
binding, oversized pages, and other factors. A record of only a few pages may take between 10 and 15
minutes to remove staples or other binding, scan, perform a quality check, and assign proper naming
convention, while a large record of 500 pages can be digitized in approximately 45 minutes to 1 hour.
Therefore, the DAQ has estimated an average of approximately 1 minute of staff time per page to digitize
paper records. Based on past experience, DAQ estimates a potential savings of about 0.75 to 1.5 full time
equivalent (FTE) positions, or an approximate benefit ranging from $59,087 to $118,173 annually.2,3 This
saved staff time helps to offset efforts associated with other aspects of the digital documents initiative.
These may include staff training on Laserfiche, system maintenance, and continued digitization of
historical records.

Once regulated facilities are allowed to submit applications and reports electronically, entities choosing
this option may experience benefits from reduced paper usage, postage costs, staff time required to print,
package, and mail records, and related printer operating costs, such as ink and maintenance. Using the
assumptions stated above, 0.75 to 1.5 FTE positions reflects a range of 187 to 374 reams of paper
received by the DAQ annually, equating to a potential benefit estimation of $11,232 to $22,464 per year
across the regulated community.4 Since there are some regulated facilities owned by municipalities or
local government entities, a small portion of these benefits may be experienced by local governments.

These benefits should be considered ongoing benefits as many of these time- and cost-saving processes
are already in place as DAQ prepares to launch the Laserfiche repository. In addition, the full magnitude
of benefits will likely be experienced only once DAQ’s electronic system is approved as CROMERR
compliant since the application process will potentially be fully electronic at that time. DAQ expects to be
CROMERR compliant within the next two to five years.

Although not quantified in this fiscal note, the DAQ anticipates additional benefits from other aspects of
the digital documents initiative, such as the transition to a digital repository (i.e., Laserfiche) as the

2 FTE estimates are based on DAQ staff experience of paper volumes received annually for permit applications and
compliance-related reports. Staff estimated the volume of paper received annually. Using an estimated average of 1
minute per page, the estimation translates to 2,850 hours annually, or 1.37 FTEs. Given the numerous uncertainties
and variables that can affect these estimations, and additional variations from year-to-year, DAQ arrived at a range
of 0.75 to 1.5 FTEs for scanning paper records.
3 Benefits were calculated using a FTE annual compensation of $78,782, which reflects the midpoint of an
Administrative Specialist I position (salary grade NC08) with 15 years of state service and was obtained using the
North Carolina State Office of Human Resources (OSHR) total compensation calculator:
https://oshr.nc.gov/state-employee-resources/classification-compensation/total-compensation-calculator
4 The benefit range for regulated entities is estimated using a cost of $0.12 per page for printing and copying
services at Office Depot: https://www.officedepot.com/a/products/870284/Copies/
While DAQ recognizes that all or most regulated entities are unlikely to print at a commercial establishment, this
potentially higher “per page” cost is used to reflect the collective benefits from reduced paper, printer ink and
maintenance, binding, packaging, postage, and labor, since these individual cost savings cannot be reasonably
quantified.
Attachment B B-7
8

official records storage system. One such benefit is a reduction in office space requirements as historical
records in the current Central Files location are digitized. Although such benefits are expected to be
considerable, they are parallel to, but not contingent upon these rule revisions.
VI. Conclusion
NC DAQ is proposing rule revisions to eighteen rules in 15A NCAC, Subchapters 02D and 02Q, to allow
electronic permit applications, fee payments, and other required submittals. The revisions serve to
facilitate the DEQ’s ongoing transition to an electronic system for storing and viewing public records.
Regulated entities will experience ongoing benefits from lower costs associated with printing and mailing
multiple copies of permit applications and compliance documents, while the DAQ will experience
ongoing benefits from reduced staff time otherwise spent scanning and reviewing paper records.
Attachment B B-8
1 of 39
15A NCAC 02D .0103 is proposed for amendment as follows: 1
2
15A NCAC 02D .0103 COPIES OF REFERENCED FEDERAL REGULATIONS 3
(a) Copies of applicable Code of Federal Regulations sections referred to in this Subchapter may be obtained free of 4
charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for public 5
inspection at Department of Environmental Quality regional offices upon request. The contact information for each 6
regional office is provided on the Division of Air Quality website at https://deq.nc.gov/about/divisions/air-7
quality/regional-offices. offices. They are: 8
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105; 10
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 11
28115; 12
(4) Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 13
27609; 14
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 15
Carolina 28301; 16
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 17
and 18
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405. 19
(b) Copies of such rules may be obtained free of charge online at 20
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. 21
22
History Note: Authority G.S. 143-215.3; 150B-21.6; 23
Eff. December 1, 1976; 24
Amended Eff. December 1, 2005; December 1, 1992; August 1, 1991; July 1, 1988; July 1, 1987; 25
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 26
2016; 27
Amended Eff. ; January 1, 2018. 28
29
30
Attachment B B-9
2 of 39
15A NCAC 02D .0501 is proposed for amendment as follows: 1
2
SECTION .0500 - EMISSION CONTROL STANDARDS 3
4
15A NCAC 02D .0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS 5
(a) Purpose and Scope. The purpose of this Rule is to assure compliance with emission control standards found in 6
this Section. This Rule shall apply to all air pollution sources, both combustion and non-combustion. 7
(b) All new sources shall be in compliance prior to beginning operations. 8
(c) In addition to any control or manner of operation necessary to meet emission standards in this Section, any source 9
of air pollution shall be operated with such control or in such manner that the source shall not cause the ambient air 10
quality standards pursuant to 15A NCAC 02D .0400 to be exceeded at any point beyond the premises on which the 11
source is located. When controls more stringent than those named in the applicable emission standards in this Section 12
are required to prevent violation of the ambient air quality standards or are required to create an offset, the permit shall 13
contain a condition requiring these controls. 14
(d) The Bubble Concept. As provided in this Paragraph, a facility with multiple emission sources or multiple facilities 15
within the same area may choose to meet the total emission limitation for a given pollutant through a different mix of 16
controls than those required by the rules in 15A NCAC 02D .0500 or .0900. 17
(1) In order for this mix of alternative controls to be permitted, the Director shall determine that the 18
following conditions are met: 19
(A) Sources pursuant to 15A NCAC 02D .0524, .0530, .0531, .1110 or .1111, the federal New 20
Source Performance Standards (NSPS), the federal National Emission Standards for 21
Hazardous Air Pollutants (NESHAP), regulations established pursuant to Section 111(d) 22
of the federal Clean Air Act, or state or federal Prevention of Significant Deterioration 23
(PSD) requirements apply, shall have emissions no larger than if there were not an 24
alternative mix of controls; 25
(B) The facility or facilities is located in an attainment area or an unclassified area or in an area 26
that has been demonstrated to be attainment by the statutory deadlines with reasonable 27
further progress toward attainment for those pollutants being considered; 28
(C) All of the emission sources affected by the alternative mix are in compliance with 29
applicable regulations or are in compliance with established compliance agreements; and 30
(D) The review of an application for the proposed mix of alternative controls and the 31
enforcement of any resulting permit will not require expenditures on the part of the State 32
in excess of five times that which would otherwise be required for the review and 33
enforcement of other permits. 34
(2) The owners or operators of the facility or facilities shall demonstrate the alternative mix of controls 35
is equivalent in total allowed emissions, reliability, enforceability, and environmental impact to the 36
aggregate of the otherwise applicable individual emission standards; and 37
Attachment B B-10
3 of 39
(A) that the alternative mix approach does not interfere with the attainment and maintenance 1
of the ambient air quality standards and does not interfere with the PSD program, which 2
shall include modeled calculations of the amount, if any, of PSD increment consumed or 3
created; 4
(B) that the alternative mix approach conforms with reasonable further progress requirements 5
as defined in Clean Air Act Section 171(1), in any nonattainment area; 6
(C) that the emissions pursuant to the alternative mix approach are quantifiable, and trades 7
among them are equivalent; and 8
(D) that the pollutants controlled pursuant to the alternative mix approach are of the same 9
criteria pollutant categories, except that emissions of some criteria pollutants used in 10
alternative emission control strategies are subject to the limitations as defined in 44 FR 11
71784 (December 11, 1979), Subdivision D.1.c.ii. The Federal Register referenced in this 12
Part is hereby incorporated by reference and does not include subsequent amendments or 13
editions. 14
The demonstrations of equivalence shall be performed with at least the same level of detail as State 15
Implementation Plan (SIP) demonstration of attainment for the area. A copy of the SIPs can be 16
found on the DAQ website at https://deq.nc.gov/about/divisions/air-quality/air-quality-17
planning/state-implementation-plans. If the facility involves another facility in the alternative 18
strategy, it shall complete a modeling demonstration to ensure that air quality is protected. 19
Demonstrations of equivalency shall take into account differences in the level of reliability of the 20
control measures or other uncertainties. 21
(3) The emission rate limitations or control techniques of each source within the facility or facilities 22
subjected to the alternative mix of controls shall be specified in the facility's permit or facilities' 23
permits. 24
(4) Compliance schedules and enforcement actions shall not be affected because an application for an 25
alternative mix of controls is being prepared or is being reviewed. 26
(5) The Director may waive or reduce requirements in this Paragraph up to the extent allowed by the 27
Emissions Trading Policy Statement published in the Federal Register of April 7, 1982, pages 28
15076-15086, provided that the analysis required by Paragraph (e) of this Rule supports any waiver 29
or reduction of requirements. The Federal Register referenced in this Subparagraph is hereby 30
incorporated by reference and does not include subsequent amendments or editions. 31
(e) In a permit application for an alternative mix of controls pursuant to Paragraph (d) of this Rule, the owner or 32
operator of the facility shall demonstrate the proposal is equivalent to the existing requirements of the SIP in total 33
allowed emissions, enforceability, reliability, and environmental impact. The Director shall provide for public notice 34
with an opportunity for a request for public hearing following the procedures pursuant to 15A NCAC 02Q .0300 or 35
.0500, as applicable. 36
Attachment B B-11
4 of 39
(1) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0300, it shall become 1
a part of the state implementation plan (SIP) as an appendix available for inspection at the 2
Department's regional offices.as specified in 15A NCAC 02Q .0105. Until the U.S. Environmental 3
Protection Agency (EPA) approves the SIP revision embodying the permit containing an alternative 4
mix of controls, the facility shall continue to meet the otherwise applicable existing SIP 5
requirements. 6
(2) If a permit containing these conditions is issued pursuant to 15A NCAC 02Q .0500 it shall be 7
available for inspection at the Department's regional offices. as specified in 15A NCAC 02Q .0105. 8
Until the EPA approves the Title V permit containing an alternative mix of controls, the facility 9
shall continue to meet the otherwise applicable existing SIP requirements. 10
The revision shall be submitted for approval by the EPA on the basis of the revision's consistency with EPA's "Policy 11
for Alternative Emission Reduction Options Within State Implementation Plans" as promulgated in the Federal 12
Register of December 11, 1979, pages 71780-71788, and subsequent rulings. 13
(f) If the owner or operator of any combustion and non-combustion source or control equipment subject to the 14
requirements of this Section is required to demonstrate compliance with a rule in this Section, source testing 15
procedures pursuant to 15A NCAC 02D .2600 shall be used. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 18
Eff. February 1, 1976; 19
Amended Eff. August 1, 1991; October 1, 1989; 20
Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 21
effective, whichever is sooner; 22
Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996; February 1, 1995; July 1, 23
1994; 24
Readopted Eff. November 1, 2020.2020; 25
Amended Eff. 26
Attachment B B-12
5 of 39
15A NCAC 02D .0546 is proposed for amendment as follows: 1
2
15A NCAC 02D .0546 CONTROL OF EMISSIONS FROM LOG FUMIGATION OPERATIONS 3
(a) Purpose. The purpose of this Rule is to establish emission control requirements for hazardous air pollutants and 4
toxic air pollutants from log fumigation operations. 5
(b) Definitions. For the purpose of this Rule, the following definitions and definitions in this Subchapter or 15A 6
NCAC 02Q apply: 7
(1) "Bulk or tarpaulin log fumigation" means the fumigation of logs that are placed in piles on an 8
impermeable surface and covered with a weighted-down tarpaulin. 9
(2) "Chamber log fumigation" means the fumigation of logs inside a sealed building or structure that is 10
specifically used for fumigation. Chambers used for fumigation may be either atmospheric or 11
vacuum type. 12
(3) "Container log fumigation" means the fumigation of logs inside a container where the doors of the 13
container are closed and sealed. 14
(4) "Fumigant" means the hazardous air pollutant or toxic air pollutant that is used to eliminate the pests 15
within the logs. 16
(5) "Fumigation operation" means the period of time that the fumigant is injected and retained in the 17
container, chamber, or bulk piles for the purposes of treating the logs for insects and other pests to 18
prevent the transfer of exotic organisms. 19
(6) "Hazardous air pollutant" means any pollutant listed under Section 112(b) of the federal Clean Air 20
Act in 42 U.S.C. 7412(b). 21
(7) "Public right-of-way" means an access area where people can reasonably be expected to be present 22
for any or all parts of a 24-hour period. 23
(8) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or 24
acute irritants that are listed in 15A NCAC 02D .1104. 25
(c) Applicability. This Rule applies to new, existing, and modified bulk, chamber, and container log fumigation 26
operations that use a hazardous air pollutant or toxic air pollutant as a fumigant. 27
(d) Emission Control Requirements. The owner or operator of a log fumigation operation shall comply with the Toxic 28
Air Pollutant Guidelines specified in 15A NCAC 02D .1104 and follow the procedures specified in 15A NCAC 02D 29
.1106, 15A NCAC 02Q .0709, and .0710. 30
(e) The owner or operator shall post signs notifying the public of fumigation operations. The signs shall be visible 31
and legible to the public at the fence or property line closest to any public right-of-way. The signs shall remain in 32
place at all times and shall conform to the format for placards mandated by the federally approved fumigant label. 33
(f) Monitoring, Recordkeeping and Reporting. The owner or operator of a bulk, chamber, or container log fumigation 34
operation shall comply with the requirements pursuant to 15A NCAC 02D .0600: 35
(1) The owner or operator shall send an initial notification of commencement of operations to the 36
appropriate Division of Air Quality regional office within 15 days of initial fumigation start-up. 37
Attachment B B-13
6 of 39
(2) The owner or operator shall submit a quarterly summary report, reports, signed by with the original 1
signature of the permittee or the authorized responsible official, of the monitoring and recordkeeping 2
activities. activities postmarked no No later than 30 days after the end of each calendar year quarter. 3
quarter, reports shall be postmarked or received by the Division in accordance with 15A NCAC 02D 4
.0605(i). The report shall contain the following: 5
(A) the company name, address, and facility ID number; 6
(B) the calendar year quarter represented by the report; 7
(C) the daily and total fumigant usage in pounds for each quarter; 8
(D) a summary of the monitoring data required by the permit that was collected during the 9
quarter; and 10
(E) a summary of exceedances from the levels established in the permit that occurred during 11
the quarter of any monitoring parameters. 12
(g) Compliance Schedule. The owner or operator of an existing log fumigation operation subject to this Rule shall 13
achieve compliance within 60 days after the Rule is effective or in accordance with an alternate compliance schedule 14
approved by the Director. In establishing an alternate compliance schedule, the Director shall consider whether the 15
compliance approach chosen by the facility involves the purchase and installation of a control device. New and 16
modified facilities shall achieve compliance with this Rule upon start-up. 17
18
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.107(a)(5); 19
Eff. November 1, 2020.2020; 20
Amended Eff. 21
22
23
Attachment B B-14
7 of 39
15A NCAC 02D .0605 is proposed for amendment as follows: 1
2
15A NCAC 02D .0605 GENERAL RECORDKEEPING AND REPORTING REQUIREMENTS 3
(a) The owner or operator of a source subject to a requirement of this Subchapters 02D or 02Q of this Chapter shall 4
maintain: 5
(1) records detailing all malfunctions pursuant to 15A NCAC 02D .0535; 6
(2) records of all testing conducted pursuant to rules in Subchapter 02D; 7
(3) records of all monitoring conducted pursuant to Subchapters 02D or 02Q of this Chapter, 8
(4) records detailing activities relating to any compliance schedule in this Subchapter; and 9
(5) for unpermitted sources, records necessary to determine compliance with rules in Subchapters 02D 10
or .02Q of this Chapter. 11
(b) The permit shall specify: 12
(1) the type of monitoring required and the frequency of the monitoring; 13
(2) the type of records to be maintained; and 14
(3) the type of reports to be submitted and the frequency of submitting these reports, as necessary to 15
determine compliance with rules in Subchapters 02D or 02Q of this Chapter or with an emission 16
standard or permit condition. 17
(c) If the Director has evidence that a source is violating an emission standard or permit condition, the Director may 18
require the owner or operator of any source subject to the requirements in Subchapters 02D or 02Q of this Chapter to 19
submit to the Director any information necessary to determine the compliance status of the source. 20
(d) The owner or operator of a source of excess emissions that last for more than four hours and that results from a 21
malfunction, a breakdown of process or control equipment, or any other abnormal conditions shall report excess 22
emissions in accordance with the requirements of 15A NCAC 02D .0535. 23
(e) Copies of all records and reports generated in response to the requirements pursuant to 15A NCAC 02D .0600 24
shall be retained by the owner or operator for a period of two years after the date that the record was made or the report 25
submitted, except that the retention period shall be extended if necessary to comply with other State or federal 26
requirements. 27
(f) All records and reports generated in response to the requirements of 15A NCAC 02D .0600 shall be made available 28
to personnel of the Division for inspection. 29
(g) The owner or operator of a source subject to the requirements of 15A NCAC 02D .0600 shall comply with the 30
requirements of 15A NCAC 02D .0600 at his or her own cost. 31
(h) No person shall falsify any information required by a rule in Subchapter 02D or a permit issued pursuant to 15A 32
NCAC 02Q. No person shall knowingly submit any falsified information required by a rule in Subchapter 02D or a 33
permit issued pursuant to Subchapter 02Q of this Chapter. 34
(i) All reports, notifications, records, or other documentation required by 15A NCAC, Subchapters 02D and 02Q, to 35
be provided to the Division or any regional office shall be submitted as follows: 36
Attachment B B-15
8 of 39
(1) Except as specified in Subparagraph (2) of this Paragraph, submit the documents in hard copy format 1
to the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-2
1641, or regional office in accordance with 15A NCAC 02D .0103, as appropriate. 3
(2) After such time that the Division makes available a system for receiving electronic submittals, as 4
identified in 15A NCAC 02Q .0104(c)(1), documents may be submitted in electronic format through 5
such system in lieu of the procedures in Subparagraph (1) of this paragraph. 6
7
8
History Note: Authority G.S. 143-215.3(a)(1); 143-215-65; 143-215.66; 143-215.1078(a)(4); 9
Eff. February 1, 1976; 10
Amended Eff. January 1, 2007; April 1, 1999; July 1, 1984; June 18, 1976; 11
Readopted Eff. November 1, 2019. 2019; 12
Amended Eff. 13
14
15
Attachment B B-16
9 of 39
15A NCAC 02D .1903 is proposed for amendment as follows: 1
2
15A NCAC 02D .1903 OPEN BURNING WITHOUT AN AIR QUALITY PERMIT 3
(a) All open burning is prohibited except open burning allowed pursuant to Paragraph (b) of this Rule or 15A NCAC 4
02D .1904. Except as allowed pursuant to Subparagraphs (b)(3) through (b)(9) of this Rule, open burning shall not be 5
initiated in a county that the Department or the Forsyth County Office of Environmental Assistance and Protection, 6
has forecasted to be in an Air Quality Action Day Code "Orange" or above during the 24-hour time period covered by 7
that Air Quality Action Day. 8
(b) The following types of open burning are permissible without an air quality permit. 9
(1) The open burning of leaves, logs, stumps, tree branches, or yard trimmings, if the following 10
conditions are met: 11
(A) the material burned originates on the premises of private residences and is burned on those 12
premises and does not include material collected from multiple private residences and 13
combined for burning; 14
(B) there are no public pickup services available; 15
(C) non-vegetative materials, such as household garbage, treated or coated wood, or any other 16
synthetic materials are not burned; 17
(D) the burning is initiated no earlier than 8:00 a.m. and no additional combustible material is 18
added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day; 19
(E) the burning does not create a nuisance; and 20
(F) material is not burned when the North Carolina Forest Service or other government 21
agencies have banned burning for that area. 22
The burning of logs or stumps of any size shall not be considered to create a nuisance for purposes 23
of the application of the open burning air quality permitting exception described in this 24
Subparagraph; 25
(2) The open burning for land clearing or right-of-way maintenance if the following conditions are met: 26
(A) The wind direction at the time that the burning is initiated and the wind direction as 27
forecasted by the National Weather Service at the time that the burning is initiated are away 28
from any area, including public roads within 250 feet of the burning as measured from the 29
edge of the pavement or other roadway surface, which may be affected by smoke, ash, or 30
other air pollutants from the burning; 31
(B) The location of the burning is at least 500 feet from any dwelling, group of dwellings, or 32
commercial or institutional establishment, or other occupied structure not located on the 33
property where the burning is conducted. The regional office supervisor may grant 34
exceptions to the setback requirements if: 35
(i) a signed, written statement waiving objections to the open burning associated with 36
the land clearing operation is obtained and submitted to, and the exception granted 37
Attachment B B-17
10 of 39
by, the regional office supervisor before the burning begins from a resident or an 1
owner of each dwelling, commercial or institutional establishment, or other 2
occupied structure within 500 feet of the open burning site. In the case of a lease 3
or rental agreement, the lessee or renter shall be the person from whom permission 4
shall be gained prior to any burning; or 5
(ii) an air curtain incinerator that complies with 15A NCAC 02D .1904 is utilized at 6
the open burning site. 7
Factors that the regional supervisor shall consider in deciding to grant the exception 8
include: all the persons who need to sign the statement waiving the objection have signed 9
it; the location of the burn; and the type, amount, and nature of the combustible substances. 10
The regional supervisor shall not grant a waiver if a college, school, licensed day care, 11
hospital, licensed rest home, or other similar institution is less than 500 feet from the 12
proposed burn site when such institution is occupied; 13
(C) Only land-cleared plant growth is burned. Heavy oils, items containing natural or synthetic 14
rubber, synthetic materials, or any materials other than plant growth shall not be burned; 15
however, kerosene, distillate oil, or diesel fuel may be used to start the fire; 16
(D) Initial burning begins only between the hours of 8:00 a.m. and 6:00 p.m., and no 17
combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on 18
the following day; 19
(E) No fires are initiated or vegetation added to existing fires when the North Carolina Forest 20
Service or other government agencies have banned burning for that area; and 21
(F) Materials are not carried off-site or transported over public roads for open burning unless 22
the materials are carried or transported to: 23
(i) Facilities permitted in accordance with 15A NCAC 02D .1904 for the operation 24
of an air curtain incinerator at a permanent site; or 25
(ii) A location, where the material is burned not more than four times per calendar 26
year, which meets all of the following criteria: 27
(I) at least 500 feet from any dwelling, group of dwellings, or commercial 28
or institutional establishment, or other occupied structure not located on 29
the property on which the burning is conducted; 30
(II) there are no more than two piles, each no more than 20 feet in diameter, 31
being burned at one time; and 32
(III) the location is not a permitted solid waste management facility; 33
(3) camp fires and fires used solely for outdoor cooking and other recreational purposes, ceremonial 34
occasions, or for human warmth and comfort and that do not create a nuisance and do not use 35
synthetic materials, refuse, or salvageable materials for fuel; 36
Attachment B B-18
11 of 39
(4) fires purposely set to public or private forest land for forest management practices for which burning 1
is currently acceptable to the North Carolina Forest Service; 2
(5) fires purposely set to agricultural lands for disease and pest control and fires set for other agricultural 3
or apicultural practices for which burning is currently acceptable to the North Carolina Department 4
of Agriculture and Consumer Services; 5
(6) fires purposely set for wildlife management practices for which burning is currently acceptable to 6
the Wildlife Resource Commission; 7
(7) fires for the disposal of dangerous materials when the Division has determined that it is the safest 8
and most practical method of disposal; 9
(8) fires purposely set by manufacturers of fire-extinguishing materials or equipment, testing 10
laboratories, or other persons, for the purpose of testing or developing these materials or equipment 11
in accordance with a standard qualification program; 12
(9) fires purposely set for the instruction and training of fire-fighting personnel at permanent fire-13
fighting training facilities; 14
(10) fires purposely set for the instruction and training of fire-fighting personnel when conducted under 15
the supervision of or with the cooperation of one or more of the following agencies: 16
(A) the North Carolina Forest Service; 17
(B) the North Carolina Department of Insurance; or 18
(C) North Carolina Community Colleges; 19
(11) fires not described in Subparagraphs (9) or (10) of this Paragraph, purposely set for the instruction 20
and training of fire-fighting personnel, provided that: 21
(A) the regional office supervisor has been notified according to the procedures and deadlines 22
contained in the notification form and the regional office supervisor has granted permission 23
for the burning. The information required to be submitted in the form includes: 24
(i) the address of the fire department that is requesting the training exercise; 25
(ii) the location of the training exercise; 26
(iii) a description of the type of structure or object and amount of materials to be 27
burned at the location of the training exercise; 28
(iv) the dates that the training exercise will be performed; and 29
(v) an inspection from a North Carolina Asbestos Inspector that the structure being 30
burned is free of asbestos. 31
The form shall be submitted 10 days prior to commencement of the burn. This form may 32
be obtained in electronic format at https://deq.nc.gov/about/divisions/air-quality/air-33
quality-enforcement/open-burning/firefighter-information or by writing contacting the 34
appropriate regional office at the address as specified in 15A NCAC 02D .1905 and 35
requesting it. 36
Attachment B B-19
12 of 39
(B) Factors that the regional office supervisor shall consider in granting permission for the 1
burning include: 2
(i) type, amount, and nature of combustible substances. The regional office 3
supervisor shall not grant permission for the burning of salvageable items or if the 4
primary purpose of the fire is to dispose of synthetic materials or refuse; 5
(ii) the burning of previously demolished structures. The regional office supervisor 6
shall not consider these structures as having training value; 7
(iii) the burning of motor vehicles. The regional office supervisor may allow an 8
exercise involving the burning of motor vehicles burned over a period of time by 9
a training unit or by several related training units if he or she determines that they 10
have training value; and 11
(iv) the distance from the location of the fire training to residential, commercial, or 12
institutional buildings or properties. 13
Any deviations from the dates and times of exercises, including additions, postponements, 14
and deletions, submitted in the schedule in the approved plan shall be communicated 15
verbally to the regional office supervisor at least one hour before the burn is scheduled. 16
(12) fires for the disposal of vegetative material generated as a result of a natural disaster, such as tornado, 17
hurricane, or flood, if the regional office supervisor grants permission for the burning. The person 18
desiring to do the burning shall document and provide written notification to the regional office 19
supervisor that there is no other practical method of disposal of the waste. Factors that the regional 20
office supervisor shall consider in granting permission for the burning include type, amount, location 21
of the burning, and nature of combustible substances. The regional office supervisor shall not grant 22
permission for the burning if the primary purpose of the fire is to dispose of synthetic materials or 23
refuse or recovery of salvageable materials. Fires authorized under this Subparagraph shall comply 24
with the conditions of Parts (b)(2)(A) through (E) of this Rule. 25
(c) The authority to conduct open burning pursuant to this Section does not exempt or excuse any person from the 26
consequences, damages, or injuries that may result from this conduct. It does not excuse or exempt any person from 27
complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction 28
even though the open burning is conducted in compliance with this Section. 29
30
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); S.L. 2011-394, s.2; 31
Eff. July 1, 1996; 32
Amended Eff. June 13, 2016; March 19, 2015; July 3, 2012; July 1, 2007; December 1, 2005; June 33
1, 2004; July 1, 1998; 34
Readopted Eff. September 1, 2019.2019; 35
Amended Eff. 36
37
Attachment B B-20
13 of 39
15A NCAC 02D .1904 is proposed for amendment as follows: 1
2
15A NCAC 02D .1904 AIR CURTAIN INCINERATORS 3
(a) Applicability. This Rule applies to the following air curtain incinerators: 4
(1) new and existing air curtain incinerators subject to 40 CFR 60.2245 through 60.2260 or 60.2970 5
through 60.2974 that combust the following materials: 6
(A) 100 percent wood waste; 7
(B) 100 percent clean lumber; 8
(C) 100 percent yard waste; or 9
(D) 100 percent mixture of only wood waste, clean lumber, and yard waste. 10
(2) new and existing temporary air curtain incinerators used at industrial, commercial, institutional, or 11
municipal sites where a temporary air curtain incinerator is defined in Subparagraph (b)(6) of this 12
Rule. 13
(b) Definitions. For the purpose of this Rule, the following definitions apply: 14
(1) "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-15
dried, and kiln-dried wood products. Clean lumber does not include wood or wood products that 16
have been painted, pigment-stained, or pressure treated, or manufactured wood products that contain 17
adhesives or resins. 18
(2) "Malfunction" means any unavoidable failure of air pollution control equipment, process equipment, 19
or a process to operate in a normal or usual manner. Failures caused entirely or in part by poor 20
maintenance, careless operations or any other upset condition within the control of the emission 21
source are not considered a malfunction. 22
(3) "New air curtain incinerator" means an air curtain incinerator that began operating on or after the 23
effective date of this Rule. 24
(4) "Operator" means the person in operational control over the open burning. 25
(5) "Permanent air curtain incinerator" means an air curtain incinerator whose owner or operator 26
operates the air curtain incinerator at one facility or site during the term of the permit. 27
(6) "Temporary air curtain incinerator" means an air curtain incinerator whose owner or operator moves 28
the air curtain incinerator to another site and operates it for land clearing or right-of-way 29
maintenance at that site at least once during the term of its permit. 30
(7) "Temporary-use air curtain incinerator used in disaster recovery" means an air curtain incinerator 31
that meets all of the following requirements: 32
(A) combusts less than 35 tons per day of debris consisting of the materials listed in Parts 33
(a)(1)(A) through (C) of this Rule; 34
(B) combusts debris within the boundaries of an area officially declared a disaster or 35
emergency by federal, state or local government; and 36
Attachment B B-21
14 of 39
(C) combusts debris for less than 16 weeks unless the owner or operator submits a request for 1
additional time at least 1 week prior to the end of the 16-week period and provides the 2
reasons that the additional time is needed. The Director will provide written approval for 3
the additional time if he or she finds that the additional time is warranted based on the 4
information provided in the request. 5
Examples of disasters or emergencies include tornadoes, hurricanes, floods, ice storms, 6
high winds, or acts of bioterrorism. 7
(8) "Wood waste" means untreated wood and untreated wood products, including tree stumps (whole 8
or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and 9
shavings. Wood waste does not include: 10
(A) grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from 11
residential, commercial, institutional, or industrial sources as part of maintaining yards or 12
other private or public lands; 13
(B) construction, renovation, or demolition wastes; 14
(C) clean lumber; and 15
(D) treated wood and treated wood products, including wood products that have been painted, 16
pigment-stained, or pressure treated, or manufactured wood products that contain 17
adhesives or resins. 18
(9) "Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. 19
Yard waste comes from residential, commercial/retail, institutional, or industrial sources as part of 20
maintaining yards or other private or public lands. Yard waste does not include: 21
(A) construction, renovation, or demolition wastes; 22
(B) clean lumber; and 23
(C) wood waste. 24
(c) Air curtain incinerators shall comply with the following conditions and requirements: 25
(1) the operation of air curtain incinerators in particulate and ozone nonattainment areas shall cease in 26
a county that the Department or the Forsyth County Office of Environmental Assistance and 27
Protection has forecasted to be an Air Quality Action Day Code "Orange" or above during the 24-28
hour time period covered by that Air Quality Action Day; 29
(2) the wind direction at the time that the burning is initiated and the wind direction as forecasted by 30
the National Weather Service during the time of the burning shall be away from any area, including 31
public roads within 250 feet of the burning as measured from the edge of the pavement or other 32
roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning; 33
(3) no fires shall be started or material added to existing fires when the North Carolina Forest Service, 34
Fire Marshall, or other governmental agency has banned burning for that area; 35
(4) burning shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. No combustible 36
materials shall be added to the air curtain incinerator prior to or after this time period; 37
Attachment B B-22
15 of 39
(5) The air curtain incinerator shall not be operated more than the maximum source operating hours-1
per-day and days-per-week. The maximum source operating hours-per-day and days-per-week shall 2
be set to protect the ambient air quality standard and prevention of significant deterioration (PSD) 3
increment for particulate. The maximum source operating hours-per-day and days-per-week shall 4
be determined using the modeling procedures in 15A NCAC 02D .1106(b), (c), and (f). This 5
Subparagraph shall not apply to temporary air curtain incinerators; 6
(6) air curtain incinerators shall meet manufacturer's specifications for operation and upkeep to ensure 7
complete burning of material charged into the pit. Manufacturer's specifications shall be kept on site 8
and be available for inspection by Division staff; 9
(7) the owner or operator of an air curtain incinerator shall allow the ashes to cool and water the ash 10
prior to its removal to prevent the ash from becoming airborne; 11
(8) only distillate oil, kerosene, diesel fuel, natural gas, or liquefied petroleum gas may be used to start 12
the fire; and 13
(9) the location of the burning shall be at least 300 feet from any dwelling, group of dwellings, or 14
commercial or institutional establishment, or other occupied structure not located on the property 15
on which the burning is conducted. The regional office supervisor may grant exceptions to the 16
setback requirements if a signed, written statement waiving objections to the air curtain burning is 17
obtained from a resident or an owner of each dwelling, commercial or institutional establishment, 18
or other occupied structure within 300 feet of the burning site. In case of a lease or rental agreement, 19
the lessee or renter, and the property owner shall sign the statement waiving objections to the 20
burning. The statement shall be submitted to and approved by the regional office supervisor before 21
initiation of the burn. Factors that the regional supervisor shall consider in deciding to grant the 22
exception include: all the persons who need to sign the statement waiving the objection have signed 23
it; the location of the burn; and the type, amount, and nature of the combustible substances. 24
(d) Exemptions. Temporary-use air curtain incinerators used in disaster recovery are excluded from the requirements 25
of this Rule if the following conditions are met: 26
(1) the air curtain incinerator meets the definition of a temporary-use air curtain incinerators used in 27
disaster recovery as specified in Subparagraph (b)(7) of this Rule; 28
(2) the air curtain incinerator meets all the requirements pursuant to 40 CFR 60.2969 or 60.3061, as 29
applicable; and 30
(3) the air curtain incinerator is operated in a manner consistent with the operations manual for the air 31
curtain incinerator and the charge rate during all periods of operation is less than or equal to the 32
lesser of 35 tons per day or the maximum charge rate specified by the manufacturer of the air curtain 33
incinerator. 34
(e) Permitting. Air curtain incinerators shall be subject to 15A NCAC 02Q .0500. 35
(1) The owner or operator of a new or existing permanent air curtain incinerator shall obtain a General 36
Title V Operating Permit pursuant to 15A NCAC 02Q .0509. 37
Attachment B B-23
16 of 39
(2) The owner or operator of a new or existing temporary air curtain incinerator shall obtain a General 1
Title V Operating Permit pursuant to 15A NCAC 02Q .0510. 2
(3) The owner or operator of an existing permanent or temporary air curtain incinerator shall complete 3
and submit a permit application no later than 12 months after the effective date of this Rule. 4
(4) The owner or operator of a new permanent or temporary air curtain incinerator shall complete and 5
submit a permit application 60 days prior to the date the unit commences operation. 6
(5) The owner or operator of an existing permanent or temporary air curtain incinerator that is planning 7
to close rather than obtaining a permit pursuant to 15A NCAC 02Q .0509 or 15A NCAC 02Q .0510 8
shall submit a closure notification to the Director no later than 12 months after the effective date of 9
this Rule. 10
(f) Opacity limits. 11
(1) The owner or operator of an existing air curtain incinerators shall meet the following opacity limits: 12
(A) Maintain opacity to less than or equal to 35 percent opacity (as determined by the average 13
of 3 1-hour blocks consisting of 10 6-minute average opacity values) during startup of the 14
air curtain incinerator, where startup is defined as the first 30 minutes of operation. 15
(B) Maintain opacity to less than or equal to 10 percent opacity (as determined by the average 16
of 3 1-hour blocks consisting of 10 6-minute average opacity values) at all times, other 17
than during startup or during malfunctions. 18
(2) The owner or operator of a new air curtain incinerator shall meet the opacity limits specified in 19
Subparagraph (f)(1) of this Rule within 60 days after air curtain incinerator reaches the charge rate 20
at which it will operate, but no later than 180 days after its initial startup. 21
(g) Performance tests. 22
(1) All initial and annual opacity tests shall be conducted using 40 CFR 60 Appendix A-4 Test Method 23
9 to determine compliance with the opacity limitations specified in Subparagraph (f)(1) of this Rule. 24
(2) The owner or operator of an existing air curtain incinerator shall conduct an initial performance test 25
for opacity as specified in 40 CFR 60.8 on or before 90 days after the effective date of this rule. 26
(3) The owner or operator of a new air curtain incinerator shall conduct an initial performance test for 27
opacity as specified in 40 CFR 60.8 within 60 days after achieving the maximum charge rate at 28
which the affected air curtain incinerator will be operated, but not later than 180 days after initial 29
startup of the air curtain incinerator. 30
(4) After the initial test for opacity, the owner or operator of a new or existing air curtain incinerator 31
subject to this Rule shall conduct annual opacity tests on the air curtain incinerator no more than 12 32
calendar months following the date of the previous test. 33
(5) The owner or operator of an existing air curtain incinerator that has ceased operations and is 34
restarting after more than 12 months since the previous test shall conduct an opacity test upon startup 35
of the unit. 36
(h) Recordkeeping and Reporting Requirements. 37
Attachment B B-24
17 of 39
(1) Prior to commencing construction of an air curtain incinerator, the owner or operator of a new air 1
curtain incinerator shall submit the following information to the Director: 2
(A) a notification of intent to construct an air curtain incinerator; 3
(B) the planned initial startup date of the air curtain incinerator; and 4
(C) the materials planned to be combusted in the air curtain incinerator. 5
(2) The owner or operator of a new or existing air curtain incinerator shall do the following: 6
(A) keep records of results of all initial and annual opacity tests onsite in either paper copy or 7
electronic format for five years; 8
(B) make all records available for submission to the Director or for an inspector's onsite review; 9
(C) report the results of the initial and annual opacity tests as the average of 3 1-hour blocks 10
consisting of 10 6-minute average opacity values; 11
(D) submit initial opacity test results to the Division no later than 60 days following the initial 12
test and submit annual opacity test results within 12 months following the previous report; 13
(E) submit initial and annual opacity test reports to the Division as electronic or paper copy 14
specified in 15A NCAC 02D .0605(i) on or before the applicable submittal date; and 15
(F) keep a copy of the initial and annual reports onsite for a period of five years. 16
(i) In addition to complying with the requirements of this Rule, an air curtain incinerator subject to: 17
(1) 40 CFR Part 60, Subpart CCCC, shall also comply with 40 CFR 60.2245 through 60.2260; or 18
(2) 40 CFR Part 60, Subpart EEEE, shall also comply with 40 CFR 60.2970 through 60.2974. 19
20
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5); 143-215.107(a)(10); 21
143-215.108; 40 CFR 60.2865; S.L. 2011-394, s.2; 22
Eff. July 1, 1996; 23
Amended Eff. July 3, 2012; July 1, 2007; December 1, 2005; August 1, 2004; 24
Readopted Eff. September 1, 2019.2019; 25
Amended Eff. 26
27
28
Attachment B B-25
18 of 39
15A NCAC 02D .1905 is proposed for amendment as follows: 1
2
15A NCAC 02D .1905 REGIONAL OFFICE LOCATIONS 3
Inquiries, requests, and plans shall be handled by the appropriate Department of Environmental Quality regional 4
office. Contact information for each regional office can be found on the Division website at 5
https://deq.nc.gov/about/divisions/air-quality/regional-offices. They are: 6
(1) Asheville Regional Office, 2090 U.S. 70 Highway, Swannanoa, North Carolina 28778; 7
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, North 8
Carolina 27105; 9
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 10
28115; 11
(4) Raleigh Regional Office, 3800 Barrett Drive, Raleigh, North Carolina 27609; 12
(5) Fayetteville Regional Office, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301; 13
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 14
and 15
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 18
Eff. July 1, 1996; 19
Amended Eff. December 1, 2005; 20
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 21
2016; 22
Amended Eff. ; September 1, 2019. 23
24
25
Attachment B B-26
19 of 39
15A NCAC 02D .2203 is proposed for amendment as follows: 1
2
15A NCAC 02D .2203 PUBLIC NOTICE 3
(a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The Commission 4
may specify other conditions for Special Orders issued without consent if such conditions are necessary to achieve or 5
demonstrate compliance with a requirement under this Subchapter or 15A NCAC 02Q. 6
(b) Notice of proposed Consent Order: 7
(1) The Director shall give notice pursuant to G.S. 143-215.110(a1). 8
(2) The Director shall give notice of a proposed Consent Order 30 days prior to any final action 9
regarding the Consent Order. 10
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 11
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 12
and provided to those persons specified in G.S. 143-215.110(a1)(1) for air quality special orders. 13
(4) The notice shall include at least the following: 14
(A) name, address, and telephone number of the Division; 15
(B) name and address of the person to whom the proposed order is directed; 16
(C) a brief summary of the conditions of the proposed order, including the period of time during 17
which action must be taken to achieve compliance and the major permit conditions or 18
emission standards that the source will be allowed to exceed during the pendency of the 19
order; 20
(D) a brief description of the procedures to be followed by the Commission or Director in 21
reaching a final decision on the proposed order, which shall include descriptions of the 22
process for submitting comments and requesting a public hearing. The description shall 23
specify that comments and requests for a public hearing are to be received by the Division 24
within 30 days following the date of public notice; and 25
(E) a description of the information available for public review, where it can be found, and 26
procedures for obtaining copies of pertinent documents. 27
(c) Notice of public hearing for proposed Consent Order: 28
(1) The Director shall consider all requests for a public hearing, and if significant public interest for a 29
public hearing exists, then he or she shall hold a public hearing. 30
(2) The Director shall give notice of the public hearing at least 30 days before the hearing. 31
(3) The notice shall be posted on the North Carolina Division of Air Quality web site at 32
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent 33
and provided to those persons specified in G.S. 143-215.110(a1)(2) for air quality special orders. 34
(4) The notice shall include the information specified in Subparagraph (b)(4) of this Rule. It shall also 35
state the time and location for the hearing and the procedures for providing comment. 36
Attachment B B-27
20 of 39
(5) The Chairman of the Commission or the Director shall appoint one or more hearing officers to 1
preside over the public hearing and to receive written and oral comments. The hearing officer shall 2
provide the Commission a written report of the hearing, which shall include: 3
(A) a copy of the public notice; 4
(B) a copy of all the written comments and supporting documentation received; 5
(C) a summary of all the oral comments received; 6
(D) recommendations of the hearing officer to the Commission; and 7
(E) a proposed Consent Order for the Commission's consideration. 8
(d) Any person may request to receive copies of all notices required by this Rule, and the Director shall mail provide 9
copies of notices to those who have submitted a request. 10
(e) Any Consent Order may be modified by the Director to incorporate minor modifications, such as modification of 11
standard conditions to reflect updated versions of federal or state regulations, correction of typographical errors, or 12
interim date extensions, without public notice provided that the modifications do not extend the final compliance date 13
by more than four months. 14
15
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.3(a)(3); 143-215.3(a)(4); 143-215.110; 16
Eff. April 1, 2004; 17
Readopted Eff. February 1, 2018.2018; 18
Amended Eff. 19
20
21
Attachment B B-28
21 of 39
15A NCAC 02Q .0104 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS 3
(a) Application forms for a permit or permit modification may be obtained from and shall be filed with the Director, 4
Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or any of the regional offices 5
listed pursuant to 15A NCAC 02Q .0105. from the Division of Air Quality website at 6
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. Any person may request to receive copies of 7
application forms available on the Division of Air Quality website, and the Director shall provide copies of forms to 8
those who have submitted a request. 9
(b) Applications for a permit or permit modification shall be submitted as follows: 10
(1) Any submittal to the Division required under 15A NCAC 02Q .0500 shall be provided in hard copy 11
format with original signature of the responsible official, as defined in 15A NCAC 02Q .0503, to 12
the Director, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-13
1641. 14
(2) Any submittal to the Division required under 15A NCAC 02Q .0300 shall be provided in hard copy 15
format with original signature of the responsible official, as defined in 15A NCAC 02Q .0303, to 16
the appropriate regional office address in accordance with 15A NCAC 02Q .0105. 17
(3) After such time that the Division makes available a system for receiving electronic submittals, as 18
identified in Paragraph (c) of this rule, submittals may be made in electronic format following the 19
procedures in Paragraph (c) of this rule in lieu of the procedures in Subparagraphs (1) and (2) of this 20
Paragraph. 21
(c) All electronic submittals shall meet the following requirements: 22
(1) Submittals to the Division pursuant to 15A NCAC 02Q .0500 shall be made through a system that 23
has been approved by EPA as compliant with the Cross Media Electronic Reporting Rule 24
(CROMERR) under 40 CFR Part 3. When available, a link to the approved electronic reporting 25
system will be made available on the Division of Air Quality permitting website at 26
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 27
(2) Submittals to the Division pursuant to 15A NCAC 02Q .0300 shall be made through the system 28
identified in Subparagraph (1) of this Paragraph, or as otherwise specified by the Division on its 29
permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 30
(b) The number of copies of applications to be filed shall be specified in 15A NCAC 02Q .0305 and .0507. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. January 1, 2015; August 1, 2002; July 1, 1997; 37
Attachment B B-29
22 of 39
Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
3
4
Attachment B B-30
23 of 39
15A NCAC 02Q .0105 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS 3
(a) Copies of applicable Code of Federal Regulations (CFR) sections referred to in this Subchapter may be obtained 4
free of charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of such rules are also available for public 5
inspection at Department of Environmental Quality regional offices. offices upon request. The contact information for 6
each regional offices are: office is provided on the Division of Air Quality website at 7
https://deq.nc.gov/about/divisions/air-quality/regional-offices. 8
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 9
(2) Winston-Salem Regional Office, 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105; 10
(3) Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville, North Carolina 11
28115; 12
(4) Raleigh Regional Office, 3800 Barrett Drive, Post Office Box 27687, Raleigh, North Carolina 13
27609; 14
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 15
Carolina 28301; 16
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 17
and 18
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28403. 19
(b) Excluding information entitled to confidential treatment pursuant to 15A NCAC 02Q .0107, permit Permit 20
applications and permits may be reviewed at the Central Files office in the Department of Environmental Quality, 21
Green Square Office Building, 217 West Jones Street, Raleigh, North Carolina, 27603, electronically through the 22
public access portal on the Division of Air Quality website or at a Department of Environmental Quality regional 23
office, which may be contacted as specified in paragraph (a) of this Rule. excluding information entitled to confidential 24
treatment pursuant to 15A NCAC 02Q .0107. 25
(c) CopiesPaper copies of permit applications and permits can be made requested for pickup at a Department of 26
Environmental Quality regional office for ten cents ($0.10) per page. Copies of CFR may be obtained free of charge 27
online at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectioCode=CFR. 28
29
History Note: Authority G.S. 143-215.3(a)(1); 150B-19(5); 30
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 31
becomes effective, whichever is sooner; 32
Eff. July 1, 1994; 33
Amended Eff. December 1, 2005; 34
Readopted Eff. April 1, 2018.2018; 35
Amended Eff. 36
37
Attachment B B-31
24 of 39
15A NCAC 02Q .0206 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0206 PAYMENT OF FEES 3
(a) Payment of fees required pursuant to 15A NCAC 02Q .0200 may be by check or money order made payable to 4
the N.C. Department of Environmental Quality. Annual permit fee payments shall refer to the permit number. 5
(b) If, within 30 days after being billed, the permit holder fails to pay an annual fee required pursuant to 15A NCAC 6
02Q .0200, the Director may initiate action to terminate the permit pursuant to 15A NCAC 02Q .0309 or .0519 as 7
applicable. 8
(c) A holder of multiple permits may arrange to consolidate the payment of annual fees into one annual payment. 9
(d) The payment of the permit application fee required by 15A NCAC 02Q .0200 shall accompany the application 10
and is non-refundable. 11
(e) The Division shall annually prepare and make publicly available an accounting showing aggregate fee payments 12
collected pursuant to 15A NCAC 02Q .0200 from facilities that have obtained or will obtain permits pursuant to 15A 13
NCAC 02Q .0500 except synthetic minor facilities, and showing a summary of reasonable direct and indirect 14
expenditures required to develop and administer the Title V permit program. 15
(f) In lieu of the procedures in Paragraph (a) of this Rule, fees required pursuant to 15A NCAC 02Q .0200 may be 16
paid electronically if an electronic payment option is available for the applicable fee, as provided on the Division of 17
Air Quality Permitting website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. 18
19
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 20
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 21
becomes effective, whichever is sooner; 22
Eff. July 1, 1994; 23
Amended Eff. September 1, 2015; 24
Readopted Eff. April 1, 2018.2018; 25
Amended Eff. 26
27
28
Attachment B B-32
25 of 39
15A NCAC 02Q .0304 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0304 APPLICATIONS 3
(a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained and 4
shall be filed in writing according to 15A NCAC 02Q .0104. 5
(b) Information to accompany application. Along with filing a complete application form, the applicant shall also file 6
the following: 7
(1) for a new facility or an expansion of existing facility, a zoning consistency determination according 8
to G.S. 143-215.108(f) that: 9
(A) bears the date of receipt entered by the clerk of the local government; or 10
(B) consists of a letter from the local government indicating that all zoning or subdivision 11
ordinances are met by the facility; 12
(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and 13
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; 14
(3) for permit renewal, an emissions inventory that contains the information specified pursuant to 15A 15
NCAC 02D .0202, Registration of Air Pollution Sources (the applicant shall use emission inventory 16
forms or electronic data systems provided by the Division to satisfy this requirement); and 17
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if this 18
information is necessary to evaluate the source, its air pollution abatement equipment, or the facility: 19
(A) the applicant is financially qualified to carry out the permitted activities; or 20
(B) the applicant has substantially complied with the air quality and emissions standards 21
applicable to any activity in which the applicant has previously been engaged, and has been 22
in substantial compliance with federal and State environmental laws and rules. 23
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 (prevention of 24
significant deterioration) or .0531 (new source review for sources in nonattainment areas), applicants shall file air 25
permit applications at least 180 days before the projected construction date. For all other sources, applicants shall file 26
air permit applications at least 90 days before the projected date of construction of a new source or modification of an 27
existing source. 28
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the 29
originally permitted source, application for permit change may be made by application to the Director at the address 30
as specified in 15A NCAC 02Q .0104. The permit renewal, name, or ownership change application shall state that 31
there have been no changes in the permitted facility since the permit was last issued. 32
To make a name or ownership change, the applicant shall send the Director the copies of letters content specified in 33
15A NCAC 02Q .0305(a)(3) .0305(3) or (4) signed by the responsible official as defined in 15A NCAC 02Q .0303. 34
(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting 35
procedures may be made by letter to the Director at the address as specified in 15A NCAC 02Q .0104. To make 36
changes in construction or test dates or reporting procedures, the applicant shall send the Director the copies of letters 37
Attachment B B-33
26 of 39
letter specified in 15A NCAC 02Q .0305(a)(5) .0305(5) signed by the responsible official as defined in 15A NCAC 1
02Q .0303. 2
(f) When to file applications for permit renewal. Applicants shall file applications for renewals such that they are 3
mailed to the Director at the address as specified in 15A NCAC 02Q .0104.0104 at least 90 days before expiration of 4
the permit. If a hard copy of the application is mailed to the Director, the application shall be and postmarked at least 5
90 days before expiration of the permit. 6
(g) Name or ownership change. The permittee shall file requests for permit name or ownership changes when the 7
permittee is aware of the imminent name or ownership change. 8
(h) Number of copies of additional information. The applicant shall submit the same number of copies of additional 9
information as required for the application package. 10
(i)(h) Requesting additional information. Whenever the information provided on the permit application forms does 11
not adequately describe the source or its air cleaning device, the Director may request that the applicant provide other 12
information necessary to evaluate the source or its air cleaning device. Before acting on a permit application, the 13
Director may request information from an applicant and conduct any inquiry or investigation that is necessary to 14
determine compliance with applicable standards. 15
(j)(i) Application fee. With the exceptions specified in 15A NCAC 02Q .0203(i), a non-refundable permit application 16
processing fee shall accompany each application. The permit application processing fees are listed in 15A NCAC 02Q 17
.0200. A permit application shall be incomplete until the permit application processing fee is received. 18
(k)(j) Correcting submittals of incorrect information. An applicant shall have a continuing obligation to submit 19
relevant facts pertaining to his or her permit application and to correct incorrect information in his or her permit 20
application. 21
(l)(k) Retaining copy of permit application package. The applicant shall retain for the duration of the permit term one 22
complete copy of the application package and all information submitted in support of the application package. 23
24
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 25
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 26
effective, whichever is sooner; 27
Eff. July 1, 1994; 28
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999; 29
Readopted Eff. April 1, 2018.2018; 30
Amended Eff. 31
32
Attachment B B-34
27 of 39
15A NCAC 02Q .0305 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT 3
(a) If an applicant does not submit the following information with the application package, the application package 4
shall be considered incomplete for processing: 5
(1) for new facilities and modified facilities: 6
(A)(a) an application fee required pursuant to 15A NCAC 02Q .0200; 7
(B)(b) a zoning consistency determination required pursuant to15A NCAC 02Q .0304(b)(1); 8
(C)(c) the documentation required pursuant to 15A NCAC 02Q .0304(b)(2) if required; 9
(D)(d) a financial qualification or substantial compliance statement if required; and 10
(E)(e) applications required pursuant to 15A NCAC 02Q .0304(a) and Paragraph (b) of this Rule 11
and signed by the responsible official; 12
(2) for renewals: one copy of the application required pursuant to 15A NCAC 02Q .0304(a) and (d) and 13
(d), signed by the responsible official official, and an emissions inventory that contains the 14
information specified pursuant to 15A NCAC 02D .0202, Registration of Air Pollution Sources; 15
(3) for a name change: one copy a letter signed by the responsible official indicating the current facility 16
name, the date on which the name change will occur, and the new facility name; 17
(4) for an ownership change: an application fee required pursuant to 15A NCAC 02Q .0200 and: 18
(A)(a) one copy of a letter signed by the seller and the buyer, indicating the change; or 19
(B)(b) one copy of a letter bearing the signature of both the seller and buyer, containing a written 20
agreement with a specific date for the transfer of permit responsibility, coverage, and 21
liability between the current and new permittee; or 22
(C)(c) submit one copy of the appropriate form provided by the Division; and 23
(5) for corrections of typographical errors; changes in name, address, or telephone number of any 24
individual identified in the permit; changes in test dates or construction dates; or similar minor 25
changes: one copy of a letter signed by the responsible official describing the proposed change and 26
explaining the need for the proposed change. 27
(b) The applicant shall submit copies of the application package as follows: 28
(1) one copy for all applications; 29
(2) one additional copy for facilities demonstrating compliance through modeling analysis; and 30
(3) three additional copies for sources subject to the requirements of 15A NCAC 02D .0530 or .0531. 31
32
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 33
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 34
becomes effective, whichever is sooner; 35
Eff. July 1, 1994; 36
Amended Eff. December 1, 2005; April 1, 2004; 37
Attachment B B-35
28 of 39
Readopted Eff. April 1, 2018.2018; 1
Amended Eff. 2
3
4
Attachment B B-36
29 of 39
15A NCAC 02Q .0307 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES 3
(a) This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix 4
S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 5
CFR Part 51, the procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be followed, 6
respectively. 7
(b) Public notice shall be given by publication in a newspaper of general circulation in the area where the facility is 8
located and shall be mailed provided to persons who are on the Division's mailing notification list for air quality permit 9
notices and to the EPA. 10
(c) The public notice shall identify: 11
(1) the affected facility; 12
(2) the name and address of the permittee; 13
(3) the name and address of the person to whom to send comments and requests for public hearing; 14
(4) the name, address, and telephone number of a Divisional staff person from whom interested persons 15
may obtain additional information, including copies of the draft permit, the application, compliance 16
plan, monitoring and compliance reports, all other relevant supporting materials, and all other 17
materials available to the Division that are relevant to the permit decision; 18
(5) the activity or activities involved in the permit action; 19
(6) any emissions change involved in any permit modification; 20
(7) a brief description of the public comment procedures; 21
(8) the procedures to follow to request a public hearing unless a public hearing has already been 22
scheduled; and 23
(9) the time and place of any hearing that has already been scheduled. 24
(d) The notice shall allow at least 30 days for public and EPA comments. 25
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 26
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 27
30 days before the public hearing. 28
(f) The Director shall make available for public inspection in at least one location in the region affected the information 29
submitted by the permit applicant and the Division's analysis of that application. 30
(g) The Director shall send EPA a copy of each draft permit subject to public and EPA comment when sending EPA 31
the notice of request for public comment for that permit and shall send EPA a copy of each such permit when it is 32
issued. 33
(h) Confidential material shall be handled in accordance with 15A NCAC 02Q .0107. 34
35
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108; 36
Attachment B B-37
30 of 39
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 1
becomes effective, whichever is sooner; 2
Eff. July 1, 1994; 3
Amended Eff. July 1, 1998; 4
Readopted Eff. April 1, 2018.2018; 5
Amended Eff. 6
7
8
Attachment B B-38
31 of 39
15A NCAC 02Q .0505 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit the following information with its application package, the application package shall 4
be returned: 5
(1) for new facilities and modified facilities: 6
(a) an application fee as required pursuant to 15A NCAC 02Q .0200; 7
(b) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1); 8
(c) the documentation required pursuant to 15A NCAC 02Q .0507(d)(2); 9
(d) a financial qualification or substantial compliance statement if required; and 10
(e) applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), signed 11
as required by 15A NCAC 02Q .0520; 12
(2) for renewals: applications as required pursuant to 15A NCAC 02Q .0507(a) and (e) and .0507(a), 13
signed as required by 15A NCAC 02Q .0520; 14
(3) for a name change: three copies of a letter signed by a responsible official in accordance with 15A 15
NCAC 02Q .0520 indicating the current facility name, the date on which the name change will 16
occur, and the new facility name; 17
(4) for an ownership change: an application fee as required pursuant to 15A NCAC 02Q .0200; and 18
three copies of a letter bearing the signature of both the seller and buyer and containing a written 19
agreement with a specific date for the transfer of permit responsibility, coverage, and liability 20
between the current and new permittee; and 21
(5) for corrections of typographical errors; changes of the name, address, or telephone number of any 22
individual identified in the permit; changes in test dates or construction dates; or similar minor 23
changes: three copies of a letter signed by a responsible official in accordance with 15A NCAC 02Q 24
.0520 describing the proposed change and explaining the need for the proposed change. 25
26
History Note: Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10); 143-215.108; 27
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 28
becomes effective, whichever is sooner; 29
Eff. July 1, 1994; 30
Amended Eff. April 1, 2004; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022 33
34
Attachment B B-39
32 of 39
15A NCAC 02Q .0507 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0507 APPLICATION 3
(a) Except for: 4
(1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515; 5
(2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or 6
(3) renewals submitted pursuant to 15A NCAC 02Q .0513; 7
the owner or operator of a source shall have 12 months after the facility or source becomes subject to the Title V 8
operating permit program pursuant to 15A NCAC 02Q .0500 to file a complete application for a permit or permit 9
revision. However, the owner or operator of a source shall not begin construction or operation of a source until he or 10
she has obtained a construction and operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and 15A NCAC 11
02Q .0504. 12
(b) An application shall include all the information described in 40 CFR 70.3(d) and 70.5(c), including a list of 13
insignificant activities because of size or production rate but not including insignificant activities because of category. 14
An application shall be certified by a responsible official for truth, accuracy, and completeness. In an application 15
submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 15A NCAC 16
02Q .0400 or 15A NCAC 02D .0530 or .0531 if the information in those applications contains information required 17
in this Section and is current, accurate, and complete. 18
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with 15A NCAC 02Q 19
.0104 on forms of the Division and shall include plans and specifications giving all necessary data and information as 20
required by this Rule. If the information provided on these forms does not describe the source or its air pollution 21
abatement equipment to the extent necessary to evaluate the application, the Director shall request that the applicant 22
provide any other information necessary to evaluate the source and its air pollution abatement equipment. 23
(d) Along with filing a complete application, the applicant shall also file the following: 24
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance 25
with G.S. 143-215.108(f) that: 26
(A) bears the date of receipt entered by the clerk of the local government; or 27
(B) consists of a letter from the local government indicating that all zoning or subdivision 28
ordinances are met by the facility; 29
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and 30
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; and 31
(3) if required by the Director, information showing that: 32
(A) the applicant is financially qualified to carry out the permitted activities; or 33
(B) the applicant has substantially complied with the air quality and emissions standards 34
applicable to any activity in which the applicant has previously been engaged and has been 35
in substantial compliance with federal and State environmental laws and rules. 36
(e) The applicant shall submit copies of the application package as follows: 37
Attachment B B-40
33 of 39
(1) for sources subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, five copies plus 1
one additional copy for each affected state that the Director has to notify pursuant to 15A NCAC 2
02Q .0521 and 15A NCAC 02Q .0522; 3
(2) for sources not subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, three copies 4
plus one additional copy for each affected state that the Director has to notify pursuant to 15A NCAC 5
02Q .0521 and 15A NCAC 02Q .0522. 6
(f)(e) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit 7
application shall, upon becoming aware of such failure or incorrect submittal, submit such supplementary facts or 8
corrected information. In addition, an applicant shall provide additional information as necessary to address any 9
requirements that become applicable to the source after the date the applicant filed a complete application but prior to 10
release of a draft permit. 11
(g) The applicant shall submit the same number of copies of additional information as required for the application 12
package. 13
(h)(f) The submittal of a complete permit application shall not affect the requirement that any facility have a permit 14
pursuant to 15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC 02Q .0400. 15
(i)(g) The Director shall give priority to permit applications containing early reduction demonstrations pursuant to 16
Section 112(i)(5) of the federal Clean Air Act. The Director shall take final action on such permit applications after 17
receipt of the complete permit application. 18
(j)(h) Except as specified in 15A NCAC 02Q .0203(i), a non-refundable permit application processing fee, defined in 19
15A NCAC 02Q .0200, shall accompany each application. Each permit application shall be deemed incomplete until 20
the permit application processing fee is received. 21
(k)(i) The applicant shall retain for the duration of the permit term one complete copy of the application package and 22
all information submitted in support of the application package. 23
24
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 25
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 26
becomes effective, whichever is sooner; 27
Eff. July 1, 1994; 28
Amended Eff. July 1, 1997; July 1, 1996; February 1, 1995; 29
Temporary Amendment Eff. December 1, 1999; 30
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000; 31
Readopted Eff. April 1, 2018; 32
Amended Eff. ; September 1, 2022. 33
34
Attachment B B-41
34 of 39
15A NCAC 02Q .0508 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0508 PERMIT CONTENT 3
(a) A permit shall specify and reference the origin and authority for each term or condition and shall identify any 4
differences compared to the applicable requirement on which the term or condition is based. 5
(b) A permit shall specify emission limitations and standards, including operational requirements and limitations, that 6
assure compliance with all applicable requirements at the time of permit issuance. 7
(c) Where an applicable requirement of the federal Clean Air Act is more stringent than an applicable requirement of 8
rules promulgated pursuant to Title IV, both provisions shall be placed in a permit. A permit shall state that both 9
provisions are enforceable by EPA. 10
(d) A permit for sources using an alternative emission limit established in 15A NCAC 02D .0501 (d) or 15A NCAC 11
02D .0952 shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be 12
quantifiable, accountable, enforceable, and based on replicable procedures. 13
(e) The expiration date of a permit shall be for a fixed term of five years for sources covered by Title IV and for a 14
term of no more than five years from the date of issuance for all other sources including solid waste incineration units 15
combusting municipal waste subject to standards in Section 129(e) of the federal Clean Air Act. 16
(f) A permit shall contain monitoring and related recordkeeping and reporting requirements as specified in 40 CFR 17
70.6(a)(3) and 70.6(c)(1), including conditions requiring: 18
(1) the permittee to submit reports of required monitoring at least every six months. The permittee shall 19
submit reports: 20
(A) on forms obtained from the Division at the address as specified in 15A NCAC 02Q .0104; 21
(B) in a manner as specified by a permit condition; or 22
(C) on other forms that contain the information required by this Subchapter or as specified by 23
a permit condition; 24
(2) the permittee to report: 25
(A) malfunctions, emergencies, and other upset conditions as prescribed in 15A NCAC 02D 26
.0524, .0535, .1110, or .1111; and 27
(B) deviations quarterly from permit requirements not covered by 15A NCAC 02D .0524, 28
.0535, .1110, or .1111. The permittee shall include the probable cause of such deviations 29
and any corrective actions or preventive measures taken; and 30
(3) the responsible official to certify all deviations from permit requirements. 31
(g) At the request of a permittee, the Director may allow records to be maintained in electronic form in lieu of 32
maintaining paper records. The Director shall make this decision based on factors such as whether the electronic 33
records contain the same information as the paper records and the availability of the electronic records for inspection 34
to demonstrate compliance. 35
(h) A permit for facilities covered by 15A NCAC 02D .2100, Risk Management Program, shall contain: 36
(1) a statement listing 15A NCAC 02D .2100 as an applicable requirement; and 37
(2) conditions that require the owner or operator of the facility to submit: 38
Attachment B B-42
35 of 39
(A) a compliance schedule for meeting the requirements of 15A NCAC 02D .2100 by the dates 1
provided in 15A NCAC 02D .2101(a); or 2
(B) as part of the compliance certification required by Paragraph (n) of this Rule, a certification 3
statement that the source is in compliance with all requirements of 15A NCAC 02D .2100, 4
including the registration and submission of the risk management plan. 5
The content of the risk management plan need not be incorporated as a permit term or condition. 6
(i) A permit shall: 7
(1) contain a condition prohibiting emissions exceeding any allowances that a facility lawfully holds 8
pursuant to Title IV but shall not limit the number of allowances held by a permittee. A permittee 9
shall not use allowances as a defense to noncompliance with any other applicable requirement; 10
(2) contain a severability clause so that various permit requirements will continue to be valid in the 11
event of a challenge to any other portion of the permit; 12
(3) state that noncompliance with any condition of the permit constitutes a violation of the Act and is 13
grounds for enforcement action; for permit termination, revocation and reissuance, or modification; 14
or for denial of a permit renewal application; 15
(4) state that the permittee may not use as a defense in an enforcement action that it would have been 16
necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions 17
of the permit; 18
(5) state that the Director may reopen, modify, revoke and reissue, or terminate the permit for reasons 19
specified in 15A NCAC 02Q .0517 or .0519; 20
(6) state that the filing of a request by the permittee for a permit revision, revocation and reissuance, 21
termination, notification of planned changes, or anticipated noncompliance does not stay any permit 22
condition; 23
(7) specify the conditions in which the permit will be reopened before the expiration of the permit; 24
(8) state that the permit does not convey any property rights of any sort, or any exclusive privileges; 25
(9) state that the permittee will furnish to the Division, in a timely manner: 26
(A) any information that the Director may request in writing to determine whether cause exists 27
for modifying, revoking and reissuing, or terminating the permit or to determine 28
compliance with the permit, and 29
(B) copies of records required to be kept by the permit when such copies are requested by the 30
Director. 31
The permit shall also state that for information claimed to be confidential, the permittee may furnish 32
such records directly to EPA along with a claim of confidentiality; 33
34
(10) contain a provision to ensure that the permittee pays fees required by 15A NCAC 02Q .0200; 35
(11) contain a condition that authorizes the permittee to make Section 502(b)(10) changes, off-permit 36
changes, or emission trades in accordance with 15A NCAC 02Q .0523; 37
Attachment B B-43
36 of 39
(12) include all applicable requirements for all sources covered by the permit; 1
(13) include fugitive emissions in the same manner as stack emissions; 2
(14) contain a condition requiring annual reporting of actual emissions as required by 15A NCAC 02Q 3
0207; 4
(15) include all sources including insignificant activities; and 5
(16) contain other provisions the Director considers appropriate. 6
(j) A permit shall state the terms and conditions for reasonably anticipated operating scenarios identified by the 7
applicant in the application. These terms and conditions shall: 8
(1) require the permittee, contemporaneously with making a change from one operating scenario to 9
another, to record in a log at the permitted facility a record of the operating scenario in which it is 10
operating; 11
(2) extend the permit shield described in 15A NCAC 02Q .0512 to all terms and conditions in each such 12
operating scenario; and 13
(3) ensure that each operating scenario meets all applicable requirements of Subchapter 02D of this 14
Chapter and of this Section. 15
(k) A permit shall identify which terms and conditions are enforceable by the Division only. 16
(l) A permit shall state that the permittee will allow personnel of the Division to: 17
(1) enter the permittee's premises where the permitted facility is located or emissions-related activity is 18
conducted, or where records are kept by the conditions of the permit; 19
(2) have access to and copy any records that are required to be kept by the conditions of the permit; 20
(3) inspect any source, equipment, including monitoring and air pollution control equipment, practices, 21
or operations regulated or required by the permit; and 22
(4) sample or monitor substances or parameters, for the purpose of assuring compliance with the permit 23
or applicable requirements. 24
(m) When a compliance schedule is required by 40 CFR 70.5(c)(8) or by a rule contained in Subchapter 02D of this 25
Chapter, the permit shall contain the compliance schedule and shall state that the permittee shall submit at least 26
semiannually, or more frequently if specified in the applicable requirement, a progress report. The progress report 27
shall contain: 28
(1) dates for achieving the activities, milestones, or compliance required in the compliance schedule 29
and dates when such activities, milestones, or compliance were achieved; and 30
(2) an explanation of why any dates in the compliance schedule were not or will not be met and any 31
preventive or corrective measures adopted. 32
(n) The permit shall contain requirements for compliance certification with the terms and conditions in the permit 33
that are enforceable by EPA pursuant to Title V of the federal Clean Air Act, including emissions limitations, 34
standards, and work practices. The permit shall specify: 35
(1) the frequency, not less than annually or more frequently as specified in the applicable requirements, 36
of submissions of compliance certifications; 37
Attachment B B-44
37 of 39
(2) a means for monitoring the compliance of the source with its emissions limitations, standards, and 1
work practices; 2
(3) a requirement that the compliance certification include: 3
(A) the identification of each term or condition of the permit that is the basis of the certification; 4
(B) the status of compliance with the terms and conditions of the permit for the period covered 5
by the certification, based on the methods or means designated in 40 CFR 6
70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account in 7
the compliance certification. The certification shall also identify as possible exceptions to 8
compliance any periods during which compliance was required and in which an excursion 9
or exceedance as defined in 40 CFR 64 occurred; 10
(C) whether compliance was continuous or intermittent; 11
(D) the identification of the methods or other means used by the owner and operator for 12
determining the compliance status with each term and condition during the certification 13
period; these methods shall include the methods and means required in 40 CFR Part 14
70.6(a)(3).The owner or operator also shall identify any other material information that 15
shall be included in the certification to comply with Section 113(c)(2) of the federal Clean 16
Air Act, which prohibits knowingly making a false certification or omitting material 17
information; and 18
(E) such other facts as the Director may require to determine the compliance status of the 19
source; and 20
(4) that all compliance certifications be submitted to EPA as well as to the Division. 21
22
History Note: Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108; 23
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is 24
sooner; 25
Eff. July 1, 1994; 26
Amended Eff. July 1, 1996; 27
Temporary Amendment Eff. December 1, 1999; 28
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; 29
July 1, 2000; 30
Readopted Eff. April 1, 2018; 31
Amended Eff. ; September 1, 2022 32
Attachment B B-45
38 of 39
15A NCAC 02Q .0710 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0710 PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING 3
(a) If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or 4
(b), the Commission or its delegate shall approve or disapprove the permit after a public notice with an opportunity 5
for a public hearing. 6
(b) The public notice shall be given by publication in a newspaper of general circulation in the area where the facility 7
is located and shall be mailed provided to persons who are on the Division's mailing notification list for air quality 8
permit notices. 9
(c) The public notice shall identify: 10
(1) the affected facility; 11
(2) the name and address of the permittee; 12
(3) the name and address of the person to whom to send comments and requests for public hearing; 13
(4) the name, address, and telephone number of a Divisional staff person from whom interested persons 14
may obtain additional information, including copies of the draft permit, the application, compliance 15
plan, pollution prevention plan, monitoring and compliance reports, all other relevant supporting 16
materials, and all other materials available to the Division that are relevant to the permit decision; 17
(5) the activity or activities involved in the permit action; 18
(6) emissions change involved in the proposed permit modification; 19
(7) a brief description of the public comment procedures; 20
(8) the procedures to follow to request a public hearing unless a public hearing has already been 21
scheduled; and 22
(9) the time and place of a hearing that has already been scheduled. 23
(d) The notice shall allow at least 30 days for public comments. 24
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 25
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 26
30 days before the public hearing. 27
(f) The Director shall make available for public inspection, in at least one location in the region affected, the 28
information submitted by the permit applicant and the Division's analysis of that application. 29
(g) Any persons requesting paper copies of material identified in Subparagraph (c)(4) of this Rule shall pay ten cents 30
($0.10) per page for each page copied. Confidential material shall be handled in accordance with 15A NCAC 02Q 31
.0107. 32
33
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; 34
Rule originally codified as part of 15A NCAC 2H .0610; 35
Eff. July 1, 1998; 36
Readopted Eff. July 1, 2018.2018; 37
Attachment B B-46
39 of 39
Amended Eff. 1
2
3
4
Attachment B B-47
Department of Environmental Quality
Startup, Shutdown, and Malfunction SIP Call Update
Air Quality Committee Meeting –May 10, 2023
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
2
Department of Environmental Quality
Background
•2011: Sierra Club filed a petition asking EPA to find state implementation
plans (SIPs) containing startup, shutdown, and malfunction (SSM)
provisions inadequate.
•May 2015: EPA announced its policy that SIP provisions containing
exemptions from emission limits during SSM events are inconsistent with
the Clean Air Act and issued a SIP Call to 36 states or local air programs…
including NC.
•August 2015: States challenge SIP Call in the DC Circuit.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
3
Department of Environmental Quality
Environ Comm FL Elec Power v. EPA, No. 15-1239 (D.C. Cir.) (and
consolidated cases): 2015 SSM SIP Call challenge.
•Issues (some of them)
•Whether a finding of substantial inadequacy requires considering impact on NAAQS
attainment
•Whether SSM provisions are inconsistent with the CAA notwithstanding general duty
provisions or other requirements that apply at all times
•Whether director discretion provisions authorize states to unlawfully modify SIPs without
following CAA procedures
•Status:
•Briefing complete as of October 2016
•Case held in abeyance from April 2017 through January of 2022
•Oral argument held on March 25, 2022. Awaiting decision.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
4
Department of Environmental Quality
•2016: EMC amended and adopted rules (15A NCAC 02D .0535 and
.0545) with contingent applicability language based on outcome of pending
litigation in response to the 2015 SIP Call with a future effective date of
2018 in the history note
•2018: EMC took comment on and revised the effective date to on effective
date of EPA approval into North Carolina’s State Implementation Plan
given a court decision had not been rendered, and filed the revised
effective date with OAH
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
5
Department of Environmental Quality
•2020
•January: EPA Region 6 obtained approval to deviate from national policy
and withdraws Texas SIP Call.
•April: Region 4 obtained approval to deviate from national policy and
withdraws NC SIP Call.
•July: EMC readopted 02D .0535 (effective 11/1/2020) as part of the Group
6 rule readoption package and submitted it to EPA for approval
•October: EPA withdrew 2015 policy and proposed to address SSM
provisions on a “case by case basis in light of the SIP as a whole.”
•October: EPA Region 7 withdrew Iowa SIP Call.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
6
Department of Environmental Quality
Environmental groups file suit challenging EPA’s withdrawal of SIP Calls for:
•North Carolina –Case No. 20-1229 (D.C. Cir. June 2020)
•Texas –Case No. 20-1115 (D.C. Cir. Apr. 2020)
•Iowa –Case No. 21-1022 (D.C. Cir. January 2021)
April 2021: DAQ submitted readopted 02D .0535 effective 11/1/2020 (part of Group 6 readoption
package) to EPA for approval
September 2021: EPA reinstates 2015 policy
In all cases, the Court granted EPA’s motion for voluntary remand without vacatur to allow it to
reconsider the SIP call withdrawals in light of its reinstatement of the 2015 SSM policy.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
7
Department of Environmental Quality
Sierra Club et al. v. EPA, Case No. 4:21-cv-6956 (N.D. Ca):
•NGOs filed suit to compel EPA to (1) make findings of failures submit SIPs in
response to the 2015 SIP Call and (2) take action to approve or disapprove SIPs
that were submitted in response to the 2015 SIP Call.
•On January 12, 2022, EPA published findings of failure to submit for 12 states and
districts.
•On June 27, 2022, the court entered a consent decree establishing various
deadlines for EPA to take action on pending SIP submittals.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
8
Department of Environmental Quality
•2022
•August: DAQ withdrew 2016 SSM SIP Call submittal
•2023
•January: DAQ coordinated with OAH on close out of Codifier file on .0535
obsolete delayed effective date and current history note
•January: DAQ withdrew request for approval of rules in Group 6 submittal
with SSM provisions not considered approvable by EPA including 02D
.0535 and .1423
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
9
Department of Environmental Quality
•2023
•February: EPA proposed to reinstate its 2015 SIP Call for NC and finding
of substantial inadequacy with respect to SSM provisions in North
Carolina’s SIP.
•15A NCAC 02D .0535(c) and (g) and .1423(g)
•Revised rules, if needed, proposed to be due to EPA 18 months after EPA
final action (final expected 6-12 months after proposal)
•April: DAQ submitted comments on this proposal
•DAQ respectfully disagreed with EPA’s determination that NC’s SIP is
substantially inadequate and that NC’s SSM provisions are inconsistent with
the Clean Air Act.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
10
Department of Environmental Quality
•DAQ comments
•EPA did not consider SIP as a whole and, as a result, did not account for the ways in which
other provisions in the SIP work to ensure attainment and maintenance with the NAAQS, even
during SSM events.
•EPA improperly failed to account for the wealth of available evidence demonstrating that North
Carolina’s implementation of its SSM provisions has not impeded the State from achieving
compliance with all NAAQS throughout all areas of the State.
•EPA has erroneously determined that implementation of North Carolina’s “director’s discretion
provision” involves the unlawful modification of North Carolina’s SIP. Properly construed, this
provision simply establishes a framework for when and how the Director determines whether an
SSM event constitutes a violation of the applicable rule.
•EPA is incorrect that the subject SIP provisions are inconsistent with the text of the Clean Air
Act, which accords discretion to the States to determine “whatever mix” of requirements are
“necessary or appropriate” to attain and maintain the NAAQS.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
11
Department of Environmental Quality
•DAQ comments
•DAQ supported the recent approach taken by EPA to approve SSM rules
submitted by New Mexico, Missouri, and Oklahoma where EPA made it
clear that removing SSM provisions from the SIP, while retaining them for
state law purposes only, is an acceptable means of satisfying the SIP Call.
•DAQ supported providing states the maximum time allowed under the CAA
to respond to allow for any needed rulemaking in the event the SIP call is
finalized.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
12
Department of Environmental Quality
•Considerations…
•SSM events are infrequent.
•NC’s SSM rule only applies to a subset of sources. It does not
apply to sources subject to NSPS, MACT, or NESHAPs.
•NC’s SSM rule establishes concrete factors the Division must
consider when determining if excess emissions are the result of a
malfunction, or start-up or shut-down conditions.
Startup, Shutdown, and Malfunction (SSM) SIP Call
Update
13
Department of Environmental Quality
•Next Steps:
•Submit request for approval of current 02D .0535 readopted 11/1/2020,
except paragraphs .0535(c) and (g) and .1423(g), to EPA
•Impact of .0535(c) and (g) and .1423(g) not being approved:
•Violations caused by SSM events will be subject to federal enforcement
and third party citizen suits
•Continue to follow Court and EPA activity
•Consider potential options should the SSM SIP Call be reinstated for
NC
•Provide periodic updates to AQC as related activity evolves
Contacts
Department of Environmental Quality
Joelle Burleson
Planning Section
NC Division of Air Quality
919 707 8720 office
[e-mail]
14
Katherine Quinlan, EIT
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8702 office
[e-mail]
Mike Abraczinskas, EIT, CPM
Director
NC Division of Air Quality
[e-mail]
919-707-8447
Department of Environmental Quality
15
Page 1 of 4

*30-day waiver request
REVISION DATE: 5/5/2023
ITEMS FOR MAY 10, 2023, AIR QUALITY COMMITTEE AND
MAY 11, 2023, ENVIRONMENTAL MANAGEMENT COMMISSION
(1995-2023)

MONTH

AQC CONCEPTS

AQC DRAFT RULES

EMC ACTION May 1995 -Particulate Emissions from Spray/Finish Booths and
Woodworking (21, 68)

Dec 1998 -AAL for MDI, DI, Acrylamide, and Chromium VI
(254)

Mar 1999 -Good Operation and Maintenance (302)
-Revise AAL for 1,3-Butadiene and Carbon
Tetrachloride (299)

Feb 2000 -Permit Exemption for Country Grain Elevators and
Mills (325)

Apr 2000

-Boilers and Industrial Furnaces Burning Hazardous
Wastes (330)

Sept 2000 -Amend Definition of Applicable Requirement to add
reference to 2D .900,.1400, and .1200 (334)

Oct 2000 -Glass Melting Furnaces (328)
-Distributed Power Generation Using Diesel and Other
Fuels (347)

Sept 2001 -Reporting Requirements Conform with General
Statutes (361)
-Exempt Air Curtain Burners from Air Toxic Rules
(364)

Mar 2002 -Higher Allowable Particulate Emission Rate for Small
Wood Fired Indirect Heat Exchangers (286)
-Replacement of SIC with NAICS in the Air Toxic
Rules (369)
-Revision of Small Definitional Level for Peak Shaving
Generators (371)
-Revision of AAL for Carbon Tetrachloride (376)

Apr 2002 -Revision of Wording of Monitoring Requirements in
Several Incinerator Rules (382)

Oct 2002 -Clarify Crusher Requirements to Use Wet Suppression
at All Times (313)

Mar 2003 -Allowing Ambient Monitoring for Air Toxic
Compliance Determination (404)

Page 2 of 4

*30-day waiver request
REVISION DATE: 5/5/2023

MONTH

AQC CONCEPTS

AQC DRAFT RULES

EMC ACTION Mar 2006 -Using the North Carolina Register to Notice Permits
(435)
-Exempt MACT Sources with Work Practice Standards
from VOC Work Practice Rule (436)

May 2006 -Extension of Emission Inventory Requirements to New
Nonattainment Areas (442)
-To Extend 2D .1407 to Cover Larger Boilers (444)

July 2006 -Extend New Source Review Rule for Nonattainment
Areas to Particulate Nonattainment Areas (450)

Sept 2006 -To Require Start-Up, Shut-Down and Malfunction
Plans for Sources with Excessive Malfunctions (452)

Mar 2007 -Update Bulk Gasoline Plant Rule (459)
-Revise Permit Exemption for Landfills (460)

May 2007 -Clarify Applicability of Temperature in Other
Incinerator Rule (463)
-Revise Particulate Ambient Standards (464)

July 2007 -Change CAMR Applicability (467)
-Revise Columns in Fee Table to Match Practice (468)

May 2008 -Include Casting & Molding Operations in
Exclusionary Rules (478)

Sept 2008 -Best Available Retrofit Technology Requirements
(480)

Nov 2008 -Amendments to Air Toxics Procedures for Area
Sources (482)

Sept 2009 -Revised Gasoline Storage, Transport and Stage I Rules
(489)

Sep 2011 -Cross State Air Pollution Rule (CSAPR) (506)
Mar 2012 -Revise General Conformity Determination Rule to
Update Outdated Federal Cross-reference

May 2012 -Commercial and Industrial Solid Waste Incinerator
(CISWI) Rule Revisions (508)

Jan 2013 -Amend Permitting Rules to Clarify Permitting
Requirements for Sources Subject to a MACT or GACT
Standard (520)

Sept 2014 -Revise Definition of Emergency Generator (527)
Jan 2017 -Implementing E-notice provisions in Permitting Rules
(538)

Page 3 of 4

*30-day waiver request
REVISION DATE: 5/5/2023

MONTH

AQC CONCEPTS

AQC DRAFT RULES

EMC ACTION
-Adoption of Final Emission Guidelines for Existing
Landfills (540)
May 2017 -Adoption of Final Emission Guidelines for Existing
Landfills (540)

Sept 2017 -Approach to Adjust Effective Date of 15A NCAC 02D
.0535 and .0545 (545)

Nov 2017 -Approach to Adjust Effective Date of 15A NCAC 02D
.0535 and .0545 (545)

May 2018 Adoption
-Approach to Adjust Effective Date of 15A NCAC 02D
.0535 and .0545 (545)
July
2020
-Adoption of Standards of Performance for Greenhouse
Gas (GHG) Emissions from Existing Electric
Generating Units (EGU) under Clean Air Act Section
111(d) (550)
-Fee Structure Revisions for North Carolina’s Title V
Operating Permit Program (551)

Sept
2020
-Adoption of Final Emission Guidelines for Existing
Landfills (540)
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552)
-Fee Structure Revisions for North Carolina’s Title V
Operating Permit Program (551)*
Hearing Request -Fee Structure Revisions for North Carolina’s Title V
Operating Permit Program (551)*

Nov
2020
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552) (September
Questions Response)
-Adoption of Final Emission Guidelines for Existing
Landfills (540)

Jan 2021 AQC meeting cancelled
May 2021 -Amendments to North Carolina’s Title V Operating
Permit Program Rules (553)
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552)
Adoption
-Adoption of Final Emission Guidelines for Existing
Landfills (540)
June
2021
AQC Special Meeting
- Petition for Rulemaking Pursuant to North Carolina
General Statutes § 150B20 and 15A NCAC 02I .0500 to
Adopt Rules to Limit CO2 Pollution from the Electric
Power Sector
July
2021
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552)

September
2021
-Amendments to North Carolina’s Title V Operating
Permit Program Rules (553)
- Technical Amendments to the Sludge Incinerator
Rules (539)
Hearing Request
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552)

Page 4 of 4

*30-day waiver request
REVISION DATE: 5/5/2023

MONTH

AQC CONCEPTS

AQC DRAFT RULES

EMC ACTION
November
2022
Hearing Request
-Amendments to North Carolina’s Title V Operating
Permit Program Rules (553)
March
2022
-Revisions to Correct Errors Introduced During Rule
Readoption Process (555)
-Revisions to Allow Electronic Submittal of Documents
(556)
Adoption
-Revisions to Update Nitrogen Oxides (NOx) State
Implementation Plan (SIP) Rules (552)
May 2022 -Revisions to Rule 02D .0516 (557) Adoption
-Amendments to North Carolina’s Title V Operating
Permit Program Rules (553)
July 2022 -Revisions to Synthetic Minor Permit Public Notice
Requirements (558)

-Revisions to Correct Errors Introduced During Rule
Readoption Process (555) Part A
-Revisions to Rule 02D .0516 (557)
Information Item
Regional Greenhouse Gas Initiative (RGGI) Petition for
Rulemaking Update
September
2022
-Revisions to Allow Electronic Submittal of Documents
(556)
Hearing Request
-Revisions to Correct Errors Introduced During Rule
Readoption Process (555) Part A
-Revisions to Rule 02D .0516 (557)
November
2022
-Revisions to Correct Errors Introduced During Rule
Readoption Process (555) Part B

Hearing Request
-Revisions to Allow Electronic Submittal of Documents
(556)
Information Item
- Executive Order 271 – Advanced Clean Trucks Rule
January
2023
Hearing Request
-Revisions to Correct Errors Introduced During Rule
Readoption Process (555) Part B
March
2023
Adoption
-Revisions to Rule 02D .0516 (557)
May
2023
- Revisions to Rule 02Q .0802 (560) Adoption
-Revisions to Allow Electronic Submittal of Documents
(556)

AGENDA ITEM V-4
Page 1 of 2
*30-day waiver request
Revision Date: 05/05/2023
STATUS OF RULEMAKING HEARINGS AND RULE DEVELOPMENT

Concept Stage (Concept ready for AQC)
Revisions to 15A NCAC 02Q .0802, Gasoline Service Stations and Dispensing Facilities (560)

Pre-Draft Stage (Drafting not yet begun)
Acrylonitrile and Perchloroethylene (124)
AAL for Cl2 and ClO2 (133), AAL for Formaldehyde (161)
Addition of Several New Air Toxic AAL [methanol, glutaraldehyde, n-butanol, acrylic acid, allyl
chloride] (224-partial)
Carbon Tetrachloride (299b)
Implementation of New Authority: motor fuels (323b)
Permit Exemption for Country Grain Elevators and Mills (325)
Glass Melting Furnaces (328), Title V Permitting Rules (175), Monitoring and Modeling (245)
Mercury Emissions from Combustion Sources (356)
Exempt Air Curtain Burners from Air Toxic Rules (364)
Replacement of SIC with NAICS in the Air Toxic Rules (369)
Revision of AAL for Carbon Tetrachloride (376)
Revision of Wording of Monitoring Requirements in Several Incinerator Rules (382)
AAL for MDI, HDI, and Acrylamide (275), AAL for Naphthalene (300)
2Q .0103 Definition of Applicable Requirement to Add Reference to 2D .0900, .1400, and Parts of .1200
(334)
Allowing Ambient Monitoring for Air Toxic Compliance Determination (404)
Clarify Excess Emissions Rule (416)
Boilers and Industrial Furnaces Burning Hazardous Waste (330)
Exempt MACT Sources with Work Practice Standards from VOC Work Practice Rule (436)
To Extend 2D .1407 to Cover Larger Boilers (444) C-0506
Update Bulk Gasoline Plant Rule (459), C-0307
Revise Permit Exemption for Landfills (460)
Clarify Applicability of Temperature in Other Incinerator Rule (463), C-0507,
Revise Particulate Ambient Standards (464), C-0507
Regional Haze (263b)
Remove Emission Reporting Requirement for One-Hour Maintenance Areas (457)
Revise Columns in Fee Table to Match Practice (468)
Implementing E-notice provisions in Permitting Rules (538)

Early Draft Stage (Drafting begun, but not ready for public review)
Revise Annual Average Opacity for Electric Utility Boilers (414)
Extend New Source Review Rule for Nonattainment Areas to Particulate Nonattainment Areas (450) C-
0706
To Require Start-Up, Shut-Down and Malfunction Plans for Sources with Excessive Malfunctions (452)
C-0906
Amend Permitting Rules to Clarify Permitting Requirements for Sources Subject to a MACT or GACT
Standard (520)
Revise Definition of Emergency Generator (527)
Revisions to Synthetic Minor Permit Public Notice Requirements (558)
North Carolina Carbon Dioxide (CO2) Budget Trading Program (554)
Advanced Clean Trucks (ACT) Rule (559)

AGENDA ITEM V-4
Page 2 of 2
*30-day waiver request
Revision Date: 05/05/2023

Draft Rule Stage (Draft rules available for public review and comment)
Particulates spray/finish booths (68), Particulates: woodworking (21)
Clarify Crusher Requirements to Use Wet Suppression at All Times (313)
Implementation of New Authority: I/M codes (323e1)
Reporting Requirements Conform with General Statutes (361)
Cross-Reference Correction to 2D .1110 (448b). C-0706, DR-0507
Include Casting and Molding Operations in Exclusionary Rules (478)
Best Available Retrofit Technology Requirements (480)
Revised Gasoline Storage, Transport and Stage I Rules (489)
Cross State Air Pollution Rule (CSAPR) (506)
Revise General Conformity Determination Rule to Update Outdated Federal Cross-references and Update
Applicability (515)
Commercial and Industrial Solid Waste Incinerator (CISWI) Rule Revisions (508)

AQC Stage (Draft rules ready for AQC review)

EMC Stage (Rules proposed by the AQC for EMC Permission to take to public hearing)

Hearing Stage (Rules approved by EMC for public hearing or in hearing process)
Revisions to Correct Errors Introduced During Rule Readoption Process (555) Part B

Rules Being Reviewed by the EMC for Adoption
Revisions to Allow Electronic Submittal of Documents (556)

Rules Being Reviewed by the Rules Review Commission
Revisions to Rule 02D .0516 (557)

Rules Recently Adopted
None

Rules Being Reviewed by the General Assembly
None