Agenda Item IV-1_Attachment B - Fiscal Note

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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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
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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
Attachment B B-41
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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
Attachment B B-42
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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); 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
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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
Attachment B B-44
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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 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
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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) 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
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Amended Eff. 1
2
3
4
Attachment B B-47