AgendaItem5_Readoption Group 2 Description and Rules

AGENDA ITEM 5
Page 1 of 2
Agenda Item: Request for Approval of Proposed Rule Revisions and to Proceed to EMC to
Request to Proceed to Public Hearing on Session Law 2013-413 (H74)
Readoption of Air Quality Rules 15A NCAC 02Q Sections .0100 through
.0500, .0800, and .0900 (542)
Explanation: The Air Quality Committee (AQC) is requested to approve proposed rule revisions
for readoption of several rules in 15A NCAC 02Q to proceed to the EMC for approval
of request to proceed to comment.
Pursuant to S.L. 2013-413 rules in several sections are proposed for readoption with
primarily minor administrative updates and repeal of one rule that is no longer
needed.
Section .0100 – General Provisions
The rules in Section .0100 lay out general provisions applicable to permitting
procedures in all sections in Subchapter 02Q. Rules 02Q .0101 through .0113 in
are proposed for readoption without substantive changes to update mailing
addresses, update addresses where a copy of referenced material may be obtained,
and to revise the format of references.
Section .0200 – Permit Fees
The rules in Section .0200 specify the fees to be collected for various permits and
permit modifications, the inflation adjustment of the fees and the payment of fees.
Rules 02Q .0201 through .0206 are proposed for readoption without substantive
change to make administrative changes including to revise format of references,
alphabetize definitions, update website links, and update the Department’s name.
02Q .0207 is proposed for readoption with substantive change to remove a nitrogen
oxides (NOx) and volatile organic compound (VOC) emissions reporting
requirement for >25 tpy and <100 tpy sources for a portion of the former 1997 8-
hour ozone maintenance area.
Section .0300 – Construction And Operation Permits
The rules in Section .0300 contain the non-Title V permitting procedures. Rules
.0301, .0311, and .0316 are proposed for readoption without change, Rules .0308
through .0310, .0312 through .0315, and .0317, without substantive change and
.0303 through .0307 with substantive changes to update format of references, add
definition of responsible official to match the definition used in the Title V rules and
delete language “appropriate official” for consistency, clarify definitions of new and
modified facilities, update number of copies of letters and applications needed per
current business practice, and eliminate outdated language related to timeframe
prior to EPA initial approval of the Title V program
Section .0400 – Acid Rain Procedures
AGENDA ITEM 5

Page 2 of 2

The rules in Section .0400 contain the procedures related to the Acid Rain program.
Rules .0401 and .0402 are proposed for readoption without substantive changes to
update formatting of references, correct cross references, and update the
Department’s name.

Section .0500 – Title V Procedures
The rules in Section .0500 comprise the state Title V operating permits program.
Rules .0505, .0510, .0519, .0520, .0524 are proposed for readoption with no
change. Rules .0501, .0502, .0504, .0508, .0509, .0512 through .0518, .0521, .0522,
and .0525 through .0528 are proposed for readoption without substantive changes,
and .0503, .0507, .0514, and .0523 proposed for readoption with substantive
changes to update format of references, clarify language, remove obsolete
references related to initial implementation of Title V, update number of copies of
applications needed per current business practice, update referenced web address,
and make the language consistent with 40 CFR Part 70.

Section .0800 – Exclusionary Rules
The rules in Section .0800 define facilities as small for Title V permitting purposes.
Rules .0801 is proposed for readoption with substantive change, and Rules .0802
through .0807, .0808, and .0810 are proposed for readoption without substantive
changes, to update format of references, make various language clarifications,
clarify need to maintain records and submit reports per individual source category
rule. Rule 02Q .0809 is proposed for readoption as a repeal of the concrete batch
plant rule as it is no longer needed based on potential emissions calculation under
current methodology and recent updates to 02Q .0102

Section .0900 – Permit Exemptions
The rules in Section .0900 define categories of facilities that are exempted from
needing a permit under Section 02Q .0300. Rule .0901 is proposed for readoption
without substantive changes, and Rule .0902 is proposed for readoption with
substantive changes, to update format of references, clarify submittal of test report
in the temporary crusher rule, remove unnecessary language related to Title II
engines, make various minor language clarifications, format updates, and
typographical error corrections. Rule .0903 is proposed for readoption without
change.

Recommendation: The Director recommends that the Committee approve the proposed amendments
for presentation to the EMC for approval to proceed to public comment.  
1 of 131
15A NCAC 02Q .0101 is proposed for readoption without substantive changes as follows: 1
2
SUBCHAPTER 02Q - AIR QUALITY PERMITS PROCEDURES 3
4
SECTION .0100 - GENERAL PROVISIONS 5
6
15A NCAC 02Q .0101 REQUIRED AIR QUALITY PERMITS 7
(a) No owner or operator shall do any of the following activities, unless otherwise exempted, without first applying 8
for and obtaining an air quality permit: 9
(1) construct, operate, or modify a source subject to an applicable standard, requirement, or rule that 10
emits any regulated pollutant or one or more of the following: 11
(A) sulfur dioxide; 12
(B) total suspended particulates; 13
(C) particulate matter (PM10); 14
(D) carbon monoxide; 15
(E) nitrogen oxides; 16
(F) volatile organic compounds; 17
(G) lead and lead compounds; 18
(H) fluorides; 19
(I) total reduced sulfur; 20
(J) reduced sulfur compounds; 21
(K) hydrogen sulfide; 22
(L) sulfuric acid mist; 23
(M) asbestos; 24
(N) arsenic and arsenic compounds; 25
(O) beryllium and beryllium compounds; 26
(P) cadmium and cadmium compounds; 27
(Q) chromium(VI) and chromium(VI) compounds; 28
(R) mercury and mercury compounds; 29
(S) hydrogen chloride; 30
(T) vinyl chloride; 31
(U) benzene; 32
(V) ethylene oxide; 33
(W) dioxins and furans; 34
(X) ozone; or 35
(Y) any toxic air pollutant listed in 15A NCAC 02D .1104; or 36
AGENDA ITEM 5
2 of 131
(2) construct, operate, or modify a facility that has the potential to emit at least 10 tons per year of any 1
hazardous air pollutant or 25 tons per year of all hazardous air pollutants combined, or that are 2
subject to requirements established under the following sections of the federal Clean Air Act: 3
(A) Section 112(d), emissions standards; 4
(B) Section 112(f), standards to protect public health and the environment; 5
(C) Section 112(g), construction and reconstruction; 6
(D) Section 112(h), work practice standards and other requirements; 7
(E) Section 112(i)(5), early reduction; 8
(F) Section 112(j), federal failure to promulgate standards; or 9
(G) Section 112(r), accidental releases. 10
(b) Stationary Source Construction and Operation Permit: With the exception allowed by G.S. 143-215.108A, the 11
owner or operator of a new, modified, or existing facility or source shall not begin construction or operation without 12
first obtaining a construction and operation permit in accordance with the standard procedures underpursuant to 13
Section15A NCAC 02Q .0300. .0300 of this Subchapter. Title V facilities shall be subject to the Title V procedures 14
under Section15A NCAC 02Q .0500 of this Subchapter including the acid rain procedures underpursuant to 15
Section15A NCAC 02Q .0400. .0400 of this Subchapter. A facility may also be subject to the air toxic procedures 16
underpursuant to 15A NCAC 02Q .0700. 17
(c) Fees shall be paid in accordance with the requirements of Section .0200 of this Subchapter.15A NCAC 02Q .0200. 18
19
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 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. January 1, 2015; December 1, 2005; July 1, 1998.1998; 24
Readopted Eff. . 25
26
27
AGENDA ITEM 5
3 of 131
15A NCAC 02Q .0102 is proposed for readoption without substantive change as follows: 1
2
15A NCAC 02Q .0102 ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS 3
(a) For the purposes of this Rule, the definitions listed in 15A NCAC 02D .0101 and 15A NCAC 02Q .0103 shall 4
apply. 5
(b) This Rule does not apply to: 6
(1) facilities whose potential emissions require a permit pursuant to 15A NCAC 02Q .0500 (Title V 7
Procedures); or 8
(2) a source emitting a pollutant that is part of the facility's 15A NCAC 02D .1100 (Control of Toxic 9
Air Pollutants) modeling demonstration if that source is not exempted pursuant to 15A NCAC 02Q 10
.0702. 11
(c) The owner or operator of an activity exempt from permitting pursuant to this Rule shall not be exempt from 12
demonstrating compliance with any other applicable State or federal requirement. 13
(d) Any facility whose actual emissions of particulate matter (PM10), sulfur dioxide, nitrogen oxides, volatile organic 14
compounds, carbon monoxide, hazardous air pollutants, and toxic air pollutants are each less than five tons per year 15
and whose actual total aggregate emissions are less than 10 tons per year shall not be required to obtain a permit 16
pursuant to 15A NCAC 02Q .0300. This Paragraph shall not apply to synthetic minor facilities that are regulated 17
pursuant to Rule .0315 of this Subchapter.15A NCAC 02Q .0315. 18
(e) Any facility that is not exempted from permitting pursuant to Paragraph (d) of this Rule and whose actual total 19
aggregate emissions of particulate matter (PM10), sulfur dioxide, nitrogen oxides, volatile organic compounds, carbon 20
monoxide, hazardous air pollutants, and toxic air pollutants are greater than or equal to five tons per year and less than 21
25 tons per year may register their facility pursuant to 15A NCAC 02D .0202 instead of obtaining a permit pursuant 22
to 15A NCAC 02Q .0300. This Paragraph shall not apply to any facility as follows: 23
(1) synthetic minor facilities that are regulated pursuant to Rule .0315 of this Subchapter;15A NCAC 24
02Q .0315; 25
(2) facilities with a source subject to maximum achievable control technology pursuant to 40 CFR Part 26
63; 27
(3) facilities with sources of volatile organic compounds or nitrogen oxides that are located in a 28
nonattainment area; or 29
(4) facilities with a source regulated pursuant to New Source Performance Standards (NSPS), unless 30
the source is exempted pursuant to Paragraph (g) or (h) of this Rule. 31
(f) The Director may require the owner or operator of a facility to register such facility pursuant to 15A NCAC 02D 32
.0200 or obtain a permit pursuant to 15A NCAC 02Q .0300, if necessary to obtain compliance with any other 33
applicable State or federal requirement. 34
(g) The following activities do not require a permit or permit modification pursuant to 15A NCAC 02Q .0300: 35
(1) maintenance, upkeep, and replacement: 36
AGENDA ITEM 5
4 of 131
(A) maintenance, structural changes, or repair activities which do not increase the capacity of 1
such process and do not cause any change in the quality or nature or an increase in quantity 2
of an emission of any regulated air pollutant; 3
(B) housekeeping activities or building maintenance procedures, including painting buildings, 4
paving parking lots, resurfacing floors, repairing roofs, washing, using portable vacuum 5
cleaners, sweeping, using and associated storing of janitorial products, or removing 6
insulation; 7
(C) using office supplies, supplies to maintain copying equipment, or blueprint machines; 8
(D) using firefighting equipment (excluding engines regulated pursuant to 40 CFR 63, Subpart 9
ZZZZ); or 10
(E) replacing existing equipment with equipment of the same size (or smaller), type, and 11
function that does not result in an increase to the actual or potential emission of regulated 12
air pollutants, does not affect the facility's compliance with any other applicable State or 13
federal requirements, and that fits the description of the existing equipment in the permit, 14
including the application, such that the replacement equipment can be lawfully operated 15
pursuant to that permit without modifying the permit; 16
(2) air conditioning or ventilation: comfort air conditioning or comfort ventilating systems that do not 17
transport, remove, or exhaust regulated air pollutants to the atmosphere; 18
(3) laboratory or classroom activities: 19
(A) bench-scale, on-site equipment used for experimentation, chemical or physical analysis for 20
quality control purposes or for diagnosis of illness, training, or instructional purposes; 21
(B) research and development activities that produce no commercial product or feedstock 22
material; or 23
(C) educational activities, including wood working, welding, and automotive repair; 24
(4) storage tanks with no applicable requirements other than Stage I controls pursuant to 15A NCAC 25
02D .0928, Gasoline Service Stations Stage I; 26
(5) combustion and heat transfer equipment: 27
(A) heating units used for human comfort, excluding space heaters burning used oil, that have 28
a heat input of less than 10 million Btu per hour and that do not provide heat for any 29
manufacturing or other industrial process; 30
(B) residential wood stoves, heaters, or fireplaces; or 31
(C) water heaters that are used for domestic purposes only and are not used to heat process 32
water; 33
(6) wastewater treatment processes: industrial wastewater treatment processes or municipal wastewater 34
treatment processes for which there are no state or federal air requirements; 35
(7) dispensing equipment: equipment used solely to dispense gasoline, diesel fuel, kerosene, lubricants 36
or cooling oils; 37
AGENDA ITEM 5
5 of 131
(8) electric motor burn-out ovens with secondary combustion chambers or afterburners; 1
(9) electric motor bake-on ovens; 2
(10) burn-off ovens with afterburners for paint-line hangers; 3
(11) hosiery knitting machines and associated lint screens, hosiery dryers and associated lint screens, and 4
hosiery dyeing processes where bleach or solvent dyes are not used; 5
(12) woodworking operations processing only green wood; 6
(13) solid waste landfills: This does not apply to flares and other sources of combustion at solid waste 7
landfills. These flares and other combustion sources are required to be permitted pursuant to 15A 8
NCAC 02Q .0300 unless they qualify for another exemption pursuant to this Paragraph; or 9
(14) miscellaneous: 10
(A) equipment that does not emit any regulated air pollutants; 11
(B) sources for which there are no applicable requirements; 12
(C) motor vehicles, aircraft, marine vessels, locomotives, tractors, or other self-propelled 13
vehicles with internal combustion engines; 14
(D) engines regulated pursuant to Title II of the Federal Clean Air Act (Emission Standards for 15
Moving Sources); 16
(E) equipment used for preparing food for direct on-site human consumption; 17
(F) a source whose emissions are regulated only pursuant to Section 112(r) or Title VI of the 18
Federal Clean Air Act; 19
(G) exit gases from in-line process analyzers; 20
(H) stacks or vents to prevent escape of sewer gases from domestic waste through plumbing 21
traps; 22
(I) refrigeration equipment that complies with the regulations set forth in Sections 601 through 23
618 of Title VI (Stratospheric Ozone Protection) of the Federal Clean Air Act, 40 CFR Part 24
82, and any other regulations promulgated by EPA pursuant to Title VI for stratospheric 25
ozone protection, except those units refrigeration equipment used as or in conjunction with 26
air pollution control equipment. Refrigeration equipment used as or in conjunction with 27
air pollution control equipment is required to be permitted pursuant to 15A NCAC 02Q 28
.0300 unless it qualifies for another exemption pursuant to this Paragraph; 29
(J) equipment not vented to the outdoor atmosphere, with the exception of equipment that 30
emits volatile organic compounds. Equipment that emits volatile organic compounds is 31
required to be permitted pursuant to 15A NCAC 02Q .0300 unless it qualifies for another 32
exemption pursuant to this Paragraph; 33
(K) animal operations not required to have control technology pursuant to 15A NCAC 02D 34
.1800. If an animal operation is required to have control technology, it shall be required to 35
have a permit pursuant to this Subchapter; 36
(L) any incinerator that meets the requirements set forth in 15A NCAC 02D .1201(c)(4); or 37
AGENDA ITEM 5
6 of 131
(M) dry cleaning operations, regardless of NSPS or NESHAP applicability. 1
(h) The following activities do not require a permit or permit modification pursuant to 15A NCAC 02Q .0300. These 2
activities are included in determining applicability of any rule or standard that requires facility-wide aggregation of 3
source emissions, including activities regulated by 15A NCAC 02D .0530, 15A NCAC 02D .0531, 15A NCAC 02Q 4
.0500, and 15A NCAC 02Q .0700: 5
(1) combustion and heat transfer equipment (including direct-fired equipment that only emit regulated 6
pollutants from fuel combustion): 7
(A) fuel combustion equipment (excluding internal combustion engines) not regulated pursuant 8
to 40 CFR Part 60, NSPS, firing exclusively unadulterated liquid fossil fuel, wood, or an 9
approved equivalent unadulterated fuel as defined in 15A NCAC 02Q .0103; 10
(B) fuel combustion equipment (excluding internal combustion engines) firing exclusively 11
natural gas or liquefied petroleum gas or a mixture of these fuels; or 12
(C) space heaters burning waste oil if: 13
(i) the heater burns only oil that the owner or operator generates or used oil from do-14
it-yourself oil changers who generate used oil as household wastes; and 15
(ii) the heater is designed to have a maximum heat input of not more than 500,000 16
Btu per hour; 17
(2) gasoline distribution: bulk gasoline plants as defined in 15A NCAC 02D .0926(a)(3), with an 18
average daily throughput of less than 4,000 gallons; 19
(3) paint spray booths or graphic arts operations, coating operations, and solvent cleaning operations as 20
defined in 15A NCAC 02Q .0803 located at a facility whose facility-wide actual uncontrolled 21
emissions of volatile organic compounds are less than five tons per year, except that such emission 22
sources whose actual uncontrolled emissions of volatile organic compounds are less than 100 23
pounds per year shall qualify for this exemption regardless of the facility-wide emissions. For the 24
purpose of this exemption water wash and filters that are an integral part of the paint spray booth 25
are not considered air pollution control devices; 26
(4) electrostatic dry powder coating operations with filters or powder recovery systems; 27
(5) miscellaneous: any source whose potential uncontrolled emissions of particulate matter (PM10), 28
sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide shall each be no 29
more than five tons per year; or 30
(6) case-by-case exemption: activities that the applicant demonstrates to the Director do not violate any 31
applicable emission control standard. 32
(i) The owner or operator of a facility or source claiming that an activity is exempt pursuant to Paragraphs (d), (e), 33
(g) or (h) of this Rule shall submit emissions data, documentation of equipment type, or other supporting documents 34
to the Director upon request that the facility or source is qualified for that exemption. 35
36
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.108; 37
AGENDA ITEM 5
7 of 131
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. April 1, 1999; July 1, 1998; July 1, 1997; November 1, 1996; 4
Temporary Amendment Eff. December 1, 1999; 5
Amended Eff. June 13, 2016; May 1, 2013; January 1, 2009; July 1, 2007; June 29, 2006; July 18, 6
2002; July 1, 2000.2000; 7
Readopted Eff. . 8
9
10
AGENDA ITEM 5
8 of 131
15A NCAC 02Q .0103 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0103 DEFINITIONS 3
For the purposes of this Subchapter, the definitions in G.S. 143-212 and G.S. 143-213 and the following definitions 4
apply: 5
(1) "Administrator" means, when it appears in any Code of Federal Regulation incorporated by 6
reference in this Subchapter,15A NCAC 02Q, the Director of the Division of Air Quality unless: 7
(a) a specific rule in this Subchapter specifies otherwise, or 8
(b) the U.S. Environmental Protection Agency in its delegation or approval states that a 9
specific authority of the Administrator of the Environmental Protection Agency is not 10
included in its delegation or approval. 11
(2) "Air Pollutant" means an air pollution agent or combination of such agents, including any physical, 12
chemical, biological, radioactive substance or matter which is emitted into or otherwise enters the 13
ambient air. Water vapor shall not be considered an air pollutant. 14
(3) "Allowable emissions" mean the maximum emissions allowed by the applicable rules containedset 15
forth in 15A NCAC 02D or by permit conditions if the permit limits emissions to a lesser amount. 16
(4) "Alter or change" means to make a modification. 17
(5) "Applicable requirements" means: 18
(a) any requirement of Section .0500 of this Subchapter;15A NCAC 02Q .0500; 19
(b) any standard or other requirement provided for in the implementation plan approved or 20
promulgated by EPA through rulemaking underpursuant to Title I of the federal Clean Air 21
Act that implements the relevant requirements of the federal Clean Air Act including any 22
revisions to 40 CFR Part 52; 23
(c) any term or condition of a construction permit for a facility covered underpursuant to 15A 24
NCAC 2D02D .0530, .0531, or .0532; 25
(d) any standard or other requirement underpursuant to Section 111 or 112 of the federal Clean 26
Air Act, but not including the contents of any risk management plan required 27
underpursuant to Section 112 of the federal Clean Air Act; 28
(e) any standard or other requirement underpursuant to Title IV of the federal Clean Air Act; 29
(f) any standard or other requirement governing solid waste incineration underpursuant to 30
Section 129 of the federal Clean Air Act; 31
(g) any standard or other requirement underpursuant to Section 183(e), 183(f), or 328 of the 32
federal Clean Air Act; 33
(h) any standard or requirement underpursuant to Title VI of the federal Clean Air Act unless 34
a permit for such requirement is not required underpursuant to this Section; 35
(i) any requirement underpursuant to Section 504(b) or 114(a)(3) of the federal Clean Air Act; 36
or 37
AGENDA ITEM 5
9 of 131
(j) any national ambient air quality standard or increment or visibility requirement 1
underpursuant to Part C of Title I of the federal Clean Air Act, but only as it would apply 2
to temporary sources permitted pursuant to Section 504(e) of the federal Clean Air Act. 3
(6) "Applicant" means the person who is applying for an air quality permit from the Division. 4
(7) "Application package" means all elements or documents neededrequired to make an application 5
complete. 6
(8) "CFR" means the Code of Federal Regulations. 7
(9) "Construction" means change in the method of operation or any physical change, including on-site 8
fabrication, erection, installation, replacement, demolition, or modification of a source, that results 9
in a change in emissions or affects the compliance status. The following activities are not 10
construction: 11
(a) clearing and grading; 12
(b) building access roads, driveways, and parking lots; 13
(c) building and installing underground pipe work, including water, sewer, electric, and 14
telecommunications utilities; or 15
(d) building ancillary structures, including fences and office buildings that are not a necessary 16
component of an air contaminant source, equipment, or associated air cleaning device for 17
which a permit is required underpursuant to G.S. 143-215.108. 18
(10) "Director" means the Director of the Division of Air Quality. 19
(11) "Division" means the Division of Air Quality. 20
(12) "EPA" means the United States Environmental Protection Agency or the Administrator of the 21
Environmental Protection Agency. 22
(13) "EPA approves" means full approval, interim approval, or partial approval by EPA. 23
(14) "Equivalent unadulterated fuels" means used oils that have been refined such that the content of 24
toxic additives or contaminants in the oil are no greater than those in unadulterated fossil fuels. 25
(15) "Facility" means all of the pollutant emitting activities, except transportation facilities, that are 26
located on one or more adjacent properties under common control. 27
(16) "Federally enforceable" or "federal-enforceable" means enforceable by EPA. 28
(17) "Fuel combustion equipment" means any fuel burning source covered underpursuant to 15A NCAC 29
02D .0503, .0504, .0536, or 40 CFR Part 60 Subpart D, Da, Db, or Dc. 30
(18) "Green wood" means wood with a moisture content of 18% or more. 31
(19) "Hazardous air pollutant" means any pollutant that has been listed pursuant to Section 112(b) of the 32
federal Clean Air Act. Pollutants listed only in 15A NCAC 02D .1104 (Toxic Air Pollutant 33
Guidelines), but not pursuant to Section 112(b), shall not be included in this definition. 34
(20) "Insignificant activities" means activities defined as insignificant activities because of category or 35
as insignificant activities because of size or production rate underpursuant to Rule .0503 of this 36
Subchapter.15A NCAC 02Q .0503. 37
AGENDA ITEM 5
10 of 131
(21) "Lesser quantity cutoff" means: 1
(a) for a source subject to the requirements of Section 112(d) or (j) of the federal Clean Air 2
Act, the level of emissions of hazardous air pollutants below which the following are not 3
required: 4
(i) maximum achievable control technology (MACT) or generally available control 5
technology (GACT), including work practice standards, requirement 6
underpursuant to Section 112(d) of the federal Clean Air Act; 7
(ii) a MACT standard established underpursuant to Section 112(j) of the federal Clean 8
Air Act; or 9
(iii) substitute MACT or GACT adopted underpursuant to Section 112(l) of the federal 10
Clean Air Act.Act; 11
(b) for modification of a source subject to, or that may be subject to, the requirements of 12
Section 112(g) of the federal Clean Air Act, the level of emissions of hazardous air 13
pollutants below which MACT is not required to be applied underpursuant to Section 14
112(g) of the federal Clean Air Act; or 15
(c) for all other sources, potential emissions of each hazardous air pollutant below 10 tons per 16
year and the aggregate potential emissions of all hazardous air pollutants below 25 tons per 17
year. 18
(22) "Major facility" means a major source as defined underpursuant to 40 CFR 70.2. 19
(23) "Modification" means any physical change or change in method of operation that results in a change 20
in emissions or affects compliance status of the source or facility. 21
(24) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a facility, 22
source, or air pollution control equipment. 23
(25) "Peak shaving generator" means a generator that is located at a facility and is used only to serve that 24
facility's on-site electrical load during peak demand periods for the purpose of reducing the cost of 25
electricity; it does not generate electricity for resale. A peak shaving generator may also be used for 26
emergency backup. 27
(26) "Permit" means the binding written document, including any revisions thereto, issued pursuant to 28
G.S. 143-215.108 to the owner or operator of a facility or source that emits one or more air pollutants 29
and that allows that facility or source to operate in compliance with G.S. 143-215.108. This 30
document shall specify the requirements applicable to the facility or source and to the permittee. 31
(27) "Permittee" means the person who has received an air quality permit from the Division. 32
(28) "Potential emissions" means the rate of emissions of any air pollutant that would occur at the 33
facility's maximum capacity to emit any air pollutant under its physical and operational design. Any 34
physical or operational limitation on the capacity of a facility to emit an air pollutant shall be treated 35
as a part of its design if the limitation is federally enforceable. Such physical or operational 36
limitations include air pollution control equipment and restrictions on hours of operation or on the 37
AGENDA ITEM 5
11 of 131
type or amount of material combusted, stored, or processed. Potential emissions include fugitive 1
emissions as specified in the definition of major source in 40 CFR 70.2. Potential emissions do not 2
include a facility's secondary emissions such as those from motor vehicles associated with the 3
facility and do not include emissions from insignificant activities because of category as defined 4
under Rule .0503 of this Section.in 15A NCAC 02Q .0503. If a rule in 40 CFR Part 63 uses a 5
different methodology to calculate potential emissions, that methodology shall be used for sources 6
and pollutants covered underpursuant to that rule. 7
(29) "Portable generator" means a generator permanently mounted on a trailer or a frame with wheels. 8
(30) "Regulated air pollutant" means: 9
(a) nitrogen oxides or any volatile organic compound as defined underpursuant to 40 CFR 10
51.100; 11
(b) any pollutant for which there is an ambient air quality standard underpursuant to 40 CFR 12
Part 50; 13
(c) any pollutant regulated underpursuant to 15A NCAC 02D .0524, .1110, or .1111; or 40 14
CFR Part 60, 61, or 63; 15
(d) any pollutant subject to a standard promulgated underpursuant to Section 112 of the federal 16
Clean Air Act or other requirements established underpursuant to Section 112 of the federal 17
Clean Air Act, including Section 112(g) (but only for the facility subject to Section 18
112(g)(2) of the federal Clean Air Act), (j), or (r) of the federal Clean Air Act; or 19
(e) any Class I or II substance listed underpursuant to Section 602 of the federal Clean Air 20
Act. 21
(31) "Sawmill" means a place or operation where logs are sawed into lumber consisting of one or more 22
of these activities: debarking, sawing, and sawdust handling. Activities that are not considered part 23
of a sawmill include chipping, sanding, planning, routing, lathing, and drilling. 24
(32) "Source" means any stationary article, machine, process equipment, or other contrivance, or 25
combination thereof, from which air pollutants emanate or are emitted, either directly or indirectly. 26
(33) "Toxic air pollutant" means any of the carcinogens, chronic toxicants, acute systemic toxicants, or 27
acute irritants that are listed in 15A NCAC 02D .1104. 28
(34) "Transportation facility" means a complex source as defined in G.S. 143-213(22). 29
(35) "Unadulterated fossil fuel" means fuel oils, coal, natural gas, or liquefied petroleum gas to which no 30
toxic additives have been added that may result in the emissions of a toxic air pollutant listed 31
underpursuant to 15A NCAC 02D .1104. 32
33
History Note: Authority G.S. 143-212; 143-213; 143-215.3(a)(1); 34
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 35
becomes effective, whichever is sooner; 36
Eff. July 1, 1994; 37
AGENDA ITEM 5
12 of 131
Amended Eff. April 1, 1999; July 1, 1998; July 1, 1996; 1
Temporary Amendment Eff. December 1, 1999; 2
Amended Eff. January 1, 2015; December 1, 2005; July 1, 2000.2000; 3
Readopted Eff. . 4
5
6
AGENDA ITEM 5
13 of 131
15A NCAC 02Q .0104 is proposed for readoption without substantive changes 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 underpursuant to Rule .0105 of this Section.15A NCAC 02Q .0105. 6
(b) The number of copies of applications to be filed shall be specified in Rules15A NCAC 02Q .0305 (construction 7
and operation permit procedures) and .0507 (Title V permit procedures) of this Subchapter.procedures). 8
9
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 10
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 11
becomes effective, whichever is sooner; 12
Eff. July 1, 1994; 13
Amended Eff. January 1, 2015; August 1, 2002; July 1, 1997.1997; 14
Readopted Eff. . 15
16
17
AGENDA ITEM 5
14 of 131
15A NCAC 02Q .0105 is proposed for readoption without substantive changes 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 are available for 4
public inspection at Department of Environment and Natural ResourcesEnvironmental Quality regional offices. The 5
regional offices are: 6
(1) Asheville Regional Office, 2090 Highway 70, Swannanoa, North Carolina 28778; 7
(2) Winston-Salem Regional Office, 585 Waughtown Street, Winston Salem, North Carolina 27107450 8
West Hanes Mill Road, Suite 300, Winston-Salem, NC 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, Post Office Box 27687, Raleigh, North Carolina 12
28115;27609; 13
(5) Fayetteville Regional Office, Systel Building, 225 Green Street, Suite 714, Fayetteville, North 14
Carolina 28301; 15
(6) Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina 27889; 16
and 17
(7) Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina 28403. 18
(b) Permit applications and permits may be reviewed at the Central Files office in the Parker Lincoln Building, 2758 19
Capital Boulevard,Department of Environmental Quality, Green Square Office Building, 217 West Jones Street, 20
Raleigh, North Carolina, 27603, excluding information entitled to confidential treatment underpursuant to Rule .0107 21
of this Section.15A NCAC 02Q .0107. 22
(c) Copies of CFR, permit applications, and permits can be made for ten cents ($0.10) per page. Copies of CFR may 23
be obtained free of charge online at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectioCode=CFR. 24
25
History Note: Authority G.S. 143-215.3(a)(1); 150B-19(5); 26
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 27
rule becomes effective, whichever is sooner; 28
Eff. July 1, 1994; 29
Amended Eff. December 1, 2005.2005; 30
Readopted Eff. . 31
32
33
AGENDA ITEM 5
15 of 131
15A NCAC 02Q .0106 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0106 INCORPORATION BY REFERENCE 3
(a) Referenced CFR contained in this Subchapter are incorporated by reference. 4
(b) The CFR incorporated by reference in this Subchapter shall automatically include any later amendments thereto 5
unless a specific rule specifies otherwise. 6
(c) The CFR may be purchased from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250. The 7
cost of the 40 CFR Parts 61 to 80 is fourteen dollars ($14.00).obtained free of charge online at 8
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. 9
10
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 11
rule becomes effective, whichever is sooner; 12
Authority G.S. 143-215.3(a)(1); 150B-21.6; 13
Eff. July 1, 1994.1994; 14
Readopted Eff. . 15
16
17
AGENDA ITEM 5
16 of 131
15A NCAC 02Q .0107 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0107 CONFIDENTIAL INFORMATION 3
(a) All information required to be submitted to the Commission or the Director underpursuant to 15A NCAC 02Q or 4
Subchapter 2D02D of this Title shall be disclosed to the public unless the person submitting the information can 5
demonstrate that the information is entitled to confidential treatment underpursuant to G.S. 143-215.3C. 6
(b) A request that information be treated as confidential shall be made by the person submitting the information at 7
the time that the information is submitted. The request shall state in writing reasons why the information should be 8
held confidential. Any request not meeting these requirements shall be invalid. 9
(c) The Director shall decide which information is entitled to confidential treatment and shall notify the person 10
requesting confidential treatment of his decision within 180 days of receipt of a request to treat information as 11
confidential. 12
(d) Information for which a request has been made underpursuant to Paragraph (b) of this Rule to treat as confidential 13
shall be treated as confidential until the Director decides that it is not confidential. 14
15
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 16
rule becomes effective, whichever is sooner; 17
Authority G.S. 143-215.3(a)(1); 143-215.3C; 18
Eff. July 1, 1994; 19
Amended Eff. April 1, 1999; July 1, 1997.1997; 20
Readopted Eff. . 21
22
23
24
25
AGENDA ITEM 5
17 of 131
15A NCAC 02Q .0108 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0108 DELEGATION OF AUTHORITY 3
The Director may delegate the processing of permit applications and the issuance of permits to the Deputy Director, 4
the regional office air quality supervisor, or any supervisor in the Permitting Section of the Division of Air Quality as 5
he or she considers appropriate. This delegation shall not include the authority to deny a permit application or to 6
revoke or suspend a permit. 7
8
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 9
rule becomes effective, whichever is sooner; 10
Authority G.S. 143-215.3(a)(1),(4); 11
Eff. July 1, 1994; 12
Amended Eff. July 1, 1998.1998; 13
Readopted Eff. . 14
15
16
AGENDA ITEM 5
18 of 131
15A NCAC 02Q .0109 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0109 COMPLIANCE SCHEDULE FOR PREVIOUSLY EXEMPTED ACTIVITIES 3
(a) If a source has heretofore been exempted from needing a permit, but because of change in permit exemptions, it 4
is now required to have a permit as follows: 5
(1) Ifif the source is located at a facility that currently has an air quality permit, the source shall be 6
added to the air quality permit of the facility the next time that permit is revised or renewed, 7
whichever occurs firstfirst; or 8
(2) Ifif the source is located at a facility that currently does not have an air quality permit, the owner or 9
operator of that source shall apply for a permit within six months after the effective date of the 10
change in the permit exemption. 11
(b) If a source becomes subject to requirements promulgated under 40 CFR Part 63, the owner or operator of the 12
source shall apply for a permit unless exempted by Rule .0102 of this Section15A NCAC 02Q .0102 at least 270 days 13
before the final compliance date of the requirement. 14
15
History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule 16
is effective, whichever is sooner; 17
Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 18
Eff. July 1, 1994; 19
Amended Eff. April 1, 2001; July 1, 1996.1996; 20
Readopted Eff. . 21
22
23
AGENDA ITEM 5
19 of 131
15A NCAC 02Q .0110 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0110 RETENTION OF PERMIT AT PERMITTED FACILITY 3
The permittee shall retain a copy of all active permits issued underpursuant to this Subchapter at the facility identified 4
in the permit. 5
6
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 7
rule becomes effective, whichever is sooner; 8
Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 9
Eff. July 1, 1994.1994; 10
Readopted Eff. . 11
12
13
14
15
AGENDA ITEM 5
20 of 131
15A NCAC 02Q .0111 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0111 APPLICABILITY DETERMINATIONS 3
Any person may submit a request in writing to the Director requesting a determination as to whether a particular 4
source or facility that the person owns or operates or proposes to own or operate is subject to any of the permitting 5
requirements underpursuant to this Subchapter. The request shall contain such information believed to be sufficient 6
for the Director to make the requested determination. The Director may request any additional information that is 7
needed to make the determination. 8
9
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 10
rule becomes effective, whichever is sooner; 11
Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; 12
Eff. July 1, 1994.1994; 13
Readopted Eff. . 14
15
16
17
18
AGENDA ITEM 5
21 of 131
15A NCAC 02Q .0112 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0112 APPLICATIONS REQUIRING PROFESSIONAL ENGINEER SEAL 3
(a) This Rule shall not apply to permit applications submitted before December 1, 1994. 4
(b) A professional engineer registered in North Carolina shall be required to seal technical portions of air permit 5
applications for new sources and modifications of existing sources as defined in Rule .0103 of this Section15A NCAC 6
02Q .0103 that involve: 7
(1) design; 8
(2) determination of applicability and appropriateness; or 9
(3) determination and interpretation of performance; of air pollution capture and control systems. 10
(c) The requirements of Paragraph (b) of this Rule doshall not apply to the following: 11
(1) any source with non-optional air pollution control equipment that constitutes an integral part of the 12
process equipment as originally designed and manufactured by the equipment supplier; 13
(2) sources that are permitted underpursuant to Rule .0310 or .0509 of this Subchapter;15A NCAC 02Q 14
.0310 or .0509; 15
(3) paint spray booths without air pollution capture and control systems for volatile organic compound 16
emissions; 17
(4) particulate emission sources with air flow rates of less than or equal to 10,000 actual cubic feet per 18
minute; 19
(5) nonmetallic mineral processing plants with wet suppression control systems for particulate 20
emissions; or 21
(6) permit renewal if no modifications are included in the permit renewal application. 22
23
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 24
RRC Objection Eff. November 17, 1994 due to lack of statutory authority; 25
Eff. February 1, 1995.1995; 26
Readopted Eff. . 27
28
29
30
31
32
33
AGENDA ITEM 5
22 of 131
15A NCAC 02Q .0113 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0113 NOTIFICATION IN AREAS WITHOUT ZONING 3
(a) State and local governments are exempt from this Rule. 4
(b) Before a person submits a permit application for a new or expanded facility in an area without zoning, he or she 5
shall provide public notification as setout in this Rule. 6
(c) A person covered underpursuant to this Rule shall publish a legal notice as specified in Paragraph (d) of this Rule 7
and shall post a sign as specified in Paragraph (f) of this Rule. 8
(d) A person covered underpursuant to this Rule shall publish a legal notice in a newspaper of general circulation in 9
the area where the source is or will be located at least two weeks before submitting the permit application for the 10
source. The notice shall identify: 11
(1) the name of the affected facility; 12
(2) the name and address of the permit applicant; and 13
(3) the activity or activities involved in the permit action; 14
(e) The permit applicant shall submit with the permit application an affidavit and proof of publication that the legal 15
notice required underpursuant to Paragraph (d) of this Rule was published. 16
(f) A person covered underpursuant to this Rule shall post a sign on the property where the new or expanded source 17
is or will be located. The sign shall meet the following specifications: 18
(1) It shall be at least six square feet in area; 19
(2) It shall be set off the road right-of-way, but no more than 10 feet from the road right-of-way. 20
(3) The bottom of the sign shall be at least six feet above the ground; 21
(4) It shall contain the following information: 22
(A) the name of the affected facility; 23
(B) the name and address of the permit applicant; and 24
(C) the activity or activities involved in the permit action; 25
(5) Lettering shall be a size that the sign can be read by a person with 20/20 vision standing in the center 26
of the road; and 27
(6) The side with the lettering shall face the road, and sign shall be parallel to the road. 28
The sign shall be posted at least 10 days before the permit application is submitted and shall remain posted for at least 29
30 days after the application is submitted. 30
31
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 32
Eff. April 1, 2004.2004; 33
Readopted Eff. . 34
35
36
AGENDA ITEM 5
23 of 131
15A NCAC 02Q .0201 is proposed for readoption without substantive changes as follows: 1
2
SECTION .0200 - PERMIT FEES 3
4
15A NCAC 02Q .0201 APPLICABILITY 5
(a) This Section isshall be applicable: 6
(1) as of the permit anniversary date on or after July 1, 1994, to facilities that have or will have actual 7
emissions of: 8
(A) 100 tons per year or more of particulate, sulfur dioxide, nitrogen oxides, volatile organic 9
compounds, or carbon monoxide; 10
(B) 10 tons per year or more of at least one hazardous air pollutant; or 11
(C) 25 tons per year or more of all hazardous air pollutants combined; and 12
(2) as of the permit anniversary date on or after October 1, 1994, to all facilities other than the facilities 13
described in Subparagraph (a)(1) of this Rule. 14
(b) A general facility obtaining a permit underpursuant to Rule .0509 of this Subchapter15A NCAC 02Q .0509 shall 15
comply with provisions of this Section that are applicable to a Title V facility except that the fees are different as 16
stated. 17
(c) Rule .0207 of this Section is applicable to all facilities as of its effective date. 18
19
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 20
rule is effective, whichever is sooner; 21
Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 143-215.106A; 150B-21.6; 22
Eff. July 1, 1994; 23
Amended Eff. July 1, 1998; July 1, 1996.1996; 24
Readopted Eff. . 25
26
27
28
29
AGENDA ITEM 5
24 of 131
15A NCAC 02Q .0202 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0202 DEFINITIONS 3
For the purposes of this Section, the following definitions apply: 4
(1) "Actual emissions" means the actual rate of emissions in tons per year of any air pollutant emitted 5
from the facility over the preceding calendar year. Actual emissions shall be calculated using the 6
sources' actual operating hours, production rates, in-place control equipment, and types of materials 7
processed, stored, or combusted during the preceding calendar year. Actual emissions include 8
fugitive emissions as specified in the definition of major source in 40 CFR 70.2. For fee applicability 9
and calculation purposes under Rule .0201 or .0203 of this Section pursuant to 15A NCAC 02Q 10
.0201 or .0203 and emissions reporting purposes under Rule .0207 of this Section,pursuant to 15A 11
NCAC 02Q .0207, actual emissions do not include emissions beyond the normal emissions during 12
violations, malfunctions, start-ups, and shut-downs, do not include a facility's secondary emissions 13
such as those from motor vehicles associated with the facility, and do not include emissions from 14
insignificant activities because of category as defined under Rule .0503 of this Subchapter.pursuant 15
to 15A NCAC 02Q .0503. 16
(2) "Title V facility" means a facility that that is required to have a permit under Section .0500 of this 17
Subchapter except perchloroethylene dry cleaners whose potential emissions are less than: 18
(a) 10 tons per year of each hazardous air pollutant, 19
(b) 25 tons per year of all hazardous air pollutants combined, and 20
(c) 100 tons per year of each regulated air pollutant. 21
(2) "General facility" means a facility obtaining a permit pursuant to 15A NCAC 02Q .0310 or .0509. 22
(3) "Minor modification" means a modification made pursuant to 15A NCAC 02Q .0515, Minor Permit 23
Modifications. 24
(4) "Synthetic minor facility" means a facility that would be a Title V facility except that the potential 25
emissions are reduced below the thresholds in Paragraph (2) of this Rule by one or more physical 26
or operational limitations on the capacity of the facility to emit an air pollutant. Such limitations 27
must be enforceable by EPA and may include air pollution control equipment and restrictions on 28
hours of operation, the type or amount of material combusted, stored, or processed. 29
(5)(4) "Significant modification" means a modification made pursuant to 15A NCAC 02Q .0516, 30
Significant Permit Modification. 31
(6) "General facility" means a facility obtaining a permit under Rule .0310 or .0509 of this Subchapter. 32
(7)(5) "Small facility" means a facility that is not a Title V facility, a synthetic minor facility, a general 33
facility, nor solely a transportation facility. 34
(6) "Synthetic minor facility" means a facility that would be a Title V facility except that the potential 35
emissions are reduced below the thresholds in Paragraph (2) of this Rule by one or more physical 36
or operational limitations on the capacity of the facility to emit an air pollutant. Such limitations 37
AGENDA ITEM 5
25 of 131
must be enforceable by EPA and may include air pollution control equipment and restrictions on 1
hours of operation, the type or amount of material combusted, stored, or processed. 2
(7) "Title V facility" means a facility that is required to have a permit pursuant to 15A NCAC 02Q 3
.0500 except perchloroethylene dry cleaners whose potential emissions are less than: 4
(a) 10 tons per year of each hazardous air pollutant, 5
(b) 25 tons per year of all hazardous air pollutants combined, and 6
(c) 100 tons per year of each regulated air pollutant. 7
8
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6; 9
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, 10
whichever is sooner; 11
Eff. July 1, 1994; 12
Amended Eff. July 1, 1996; 13
Temporary Amendment Eff. December 1, 1999; 14
Amended Eff. April 1, 2004; August 1, 2002; July 1, 2000.2000; 15
Readopted Eff. . 16
17
18
19
AGENDA ITEM 5
26 of 131
15A NCAC 02Q .0203 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0203 PERMIT AND APPLICATION FEES 3
(a) The owner or operator of any facility holding a permit shall pay the following permit fees: 4

ANNUAL PERMIT FEES
(FEES FOR CALENDAR YEAR 2011)
Facility Category Tonnage Factor Basic Permit
Fee
Nonattainment Area
Added Fee

Title V

$30.00

$6,500

$3,500
Synthetic Minor $1,500
Small $250
General 50% of the otherwise applicable fee
5
A facility, other than a Title V facility, that has been in compliance is eligible for a 25 percent discount from the annual 6
permit fees as described in Paragraph (a) of Rule .0205 of this Section.15A NCAC 02Q .0205(a). Annual permit fees 7
for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this Section.15A NCAC 02Q .0204. 8
Annual permit fees for Title V facilities consist of the sum of the applicable fee elements. The current annual permit 9
fees shall be found on the Division’s website at http://www.ncair.org/permits/Fee_Table_and_Guide.pdf. 10
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting/Fee_Table_and_Guide.pdf. 11
(b) In addition to the annual permit fee, a permit applicant shall pay a non-refundable permit application fee as follows: 12

PERMIT APPLICATION FEES
(FEES FOR CALENDAR YEAR 1994)
Facility Category New or
Modification
New or
Significant
Modification
Minor
Modification
Ownership
Change
Title V $7,200 $700 $50
Title V (PSD or
NSR/NAA)
$10,900 $50
Title V (PSD and
NSR/NAA)
21,200 $50
Synthetic Minor $400 $50
Small $50 $50
General 50% of the otherwise applicable fee $25
13
AGENDA ITEM 5
27 of 131
Permit application fees for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this 1
Section.15A NCAC 02Q .0204. The current permit application fees shall be found on the Division's website at 2
http://www.ncair.org/permits/Fee_Table_and_Guide.pdf.https://deq.nc.gov/about/divisions/air-quality/air-quality-3
permitting. 4
(c) If a facility, other than a general facility, belongs to more than one facility category, the fees shall be those of the 5
applicable category with the highest fees. If a permit application belongs to more than one type of application, the fee 6
shall be that of the applicable permit application type with the highest fee. 7
(d) The tonnage factor fee shall be applicable only to Title V facilities. It shall be computed by multiplying the tonnage 8
factor indicated in the table in Paragraph (a) of this Rule by the facility's combined total actual emissions of all 9
regulated air pollutants, rounded to the nearest ton, contained in the latest emissions inventory that has been completed 10
by the Division. The calculation shall not include: 11
(1) carbon monoxide; 12
(2) any pollutant that is regulated solely because it is a Class I or II substance listed underpursuant to 13
Section 602 of the federal Clean Air Act (ozone depletors); 14
(3) any pollutant that is regulated solely because it is subject to a regulation or standard underpursuant 15
to Section 112(r) of the federal Clean Air Act (accidental releases); and 16
(4) the amount of actual emissions of each pollutant that exceeds 4,000 tons per year. 17
Even though a pollutant may be classified in more than one pollutant category, the amount of pollutant emitted shall 18
be counted only once for tonnage factor fee purposes and in a pollutant category chosen by the permittee. If a facility 19
has more than one permit, the tonnage factor fee for the facility's combined total actual emissions as described in this 20
Paragraph shall be paid only on the permit whose anniversary date first occurs on or after July 1. 21
(e) The nonattainment area added fee shall be applicable only to Title V facilities required to comply with 15A NCAC 22
02D .0531 (Sources in Nonattainment Areas), 15A NCAC 02D .0900 (Volatile Organic Compounds), or 15A NCAC 23
02D .1400 (Nitrogen Oxides) and either: 24
(1) are in aan area designated in 40 CFR 81.334 as nonattainment, or 25
(2) are covered by a nonattainment or maintenance State Implementation Plan submitted for approval 26
or approved as part of 40 CFR Part 52, Subpart II. 27
(f) A Title V (PSD or NSR/NAA) facility is a facility whose application shall be subject to review underpursuant to 28
15A NCAC 02D .0530 (Prevention of Significant Deterioration) or 15A NCAC 02D .0531 (Sources in Nonattainment 29
Areas). 30
(g) A Title V (PSD and NSR/NAA) facility is a facility whose application shall be subject to review underpursuant 31
to 15A NCAC 02D .0530 (Prevention of Significant Deterioration) and 15A NCAC 02D .0531 (Sources in 32
Nonattainment Areas). 33
(h) Minor modification permit applications that are group processed require the payment of only one permit 34
application fee per facility included in the group. 35
(i) No permit application fee shall be required for renewal of an existing permit, for changes to an unexpired permit 36
when the only reason for the changes is initiated by the Director or the Commission, for a name change with no 37
AGENDA ITEM 5
28 of 131
ownership change, for a change underpursuant to Rule .0523 15A NCAC 02Q .0523 (Changes Not Requiring Permit 1
Revisions)Revisions),of this Subchapter, or for a construction date change, a test date change, a reporting procedure 2
change, or a similar change. 3
(j) The permit application fee paid for modifications underpursuant to 15A NCAC 02Q .0400, Acid Rain Procedures, 4
shall be the fee for the same modification if it were undersubject to 15A NCAC 02D .0500, Title V Procedures. 5
(k) An applicant who files permit applications pursuant to Rule .0504 of this Subchapter15A NCAC 02Q .0504 shall 6
pay an application fee as would be determined by the application fee for the permit required underpursuant to Section 7
.0500 of this Subchapter;15A NCAC 02Q .0500; this fee shall cover both applications, provided that the second 8
application covers only what is covered under the first application. If permit terms or conditions in an existing or 9
future permit issued underpursuant to Section .0500 of this Subchapter15A NCAC 02Q .0500 shall be established or 10
modified by an application for a modification and if these terms or conditions are enforceable by the Division only, 11
then the applicant shall pay the fee under the column entitled "Minor Modification" in the table in Paragraph (b) of 12
this Rule. 13
14
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 15
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, 16
whichever is sooner. 17
Eff. July 1, 1994; 18
Amended Eff. January 1, 2015; March 1, 2008; April 1, 2004; April 1, 2001; July 1, 1996.1996; 19
Readopted Eff. . 20
21
22
AGENDA ITEM 5
29 of 131
15A NCAC 02Q .0204 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0204 INFLATION ADJUSTMENT 3
Beginning in 2012, the fees of Rule .0203 of this Section15A NCAC 02Q .0203 for Title V facilities shall be adjusted 4
as of January 1st of each year for inflation. The inflation adjustment shall be done by the method described in 40 CFR 5
70.9(b)(2)(iv). The tonnage factor shall be rounded to a whole cent and the other fees shall be rounded to a whole 6
dollar, except that the ownership change application fee shall be rounded to the nearest ten-dollar ($10.00) increment. 7
8
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6; 9
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective 10
, whichever is sooner; 11
Eff. July 1, 1994; 12
Amended Eff. March 1, 2008; July 1, 1996.1996; 13
Readopted Eff. . 14
15
16
17
18
AGENDA ITEM 5
30 of 131
15A NCAC 02Q .0205 is proposed for readoption without substantive change as follows: 1
2
15A NCAC 02Q .0205 OTHER ADJUSTMENTS 3
(a) If a facility other than a Title V facility has been in full compliance with all applicable administrative, regulatory, 4
and self-monitoring reporting requirements and permit conditions during the previous calendar year, the annual permit 5
fee shall be 25% less than that listed in Rule .0203 of this Section.15A NCAC 02Q .0203. A facility shall be considered 6
to have been in compliance during the previous calendar year if it has not been sent any Notices of Non-compliance 7
or Notices of Violation during that calendar year. 8
(b) If a facility changes so that its facility category changes, the annual fee changes with the next annual fee. 9
(c) A facility that is moved to a new site may receive credit toward new permit fees for any unused portion of an 10
annual fee if the permit for the old site is relinquished. 11
12
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 13
rule becomes effective, whichever is sooner; 14
Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 150B-21.6; 15
Eff. July 1, 1994.1994; 16
Readopted Eff. . 17
18
19
20
21
AGENDA ITEM 5
31 of 131
15A NCAC 02Q .0206 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0206 PAYMENT OF FEES 3
(a) Payment of fees required underpursuant to this Section15A NCAC 02Q .0200 may be by check or money order 4
made payable to the N.C. Department of Environment and Natural Resources.Environmental Quality. Annual permit 5
fee payments shall refer to the permit number. 6
(b) If, within 30 days after being billed, the permit holder fails to pay an annual fee required underpursuant to this 7
Section,15A NCAC 02Q .0200, the Director may initiate action to terminate the permit underpursuant to Rule .0309 8
or .0519 of this Subchapter,15A NCAC 02Q .0309 or .0519 as appropriate. 9
(c) A holder of multiple permits may arrange to consolidate the payment of annual fees into one annual payment. 10
(d) The payment of the permit application fee required by this Section15A NCAC 02Q .0200 shall accompany the 11
application and is non-refundable. 12
(e) The Division shall annually prepare and make publicly available an accounting showing aggregate fee payments 13
collected underpursuant to this Section15A NCAC 02Q .0200 from facilities which have obtained or will obtain 14
permits under Section .0500 of this Subchapter15A NCAC 02Q .0500 except synthetic minor facilities and showing 15
a summary of reasonable direct and indirect expenditures required to develop and administer the Title V permit 16
program. 17
18
History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 19
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 20
becomes effective, whichever is sooner; 21
Eff. July 1, 1994; 22
Amended Eff. September 1, 2015.2015; 23
Readopted Eff. . 24
25
26
AGENDA ITEM 5
32 of 131
15A NCAC 02Q .0207 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING 3
(a) The owner or operator of a Title V facility shall report by June 30th of each year the actual emissions during the 4
previous calendar year of: 5
(1) volatile organic compounds, 6
(2) nitrogen oxides, 7
(3) total suspended particulates, 8
(4) sulfur dioxide, 9
(5) fluorine, 10
(6) hydrogen chloride, 11
(7) hydrogen fluoride, 12
(8) hydrogen sulfide, 13
(9) methyl chloroform, 14
(10) methylene chloride, 15
(11) ozone, 16
(12) chlorine, 17
(13) hydrazine, 18
(14) phosphine, 19
(15) particulate matter (PM10), 20
(16) carbon monoxide, 21
(17) lead, and 22
(18) perchloroethylene. 23
(b) The accuracy of the report required by Paragraph (a) of this Rule shall be certified by a responsible official of the 24
facility as defined underpursuant to 40 CFR 70.2. 25
(c) The owner or operator of a facility not included in Paragraph (a) of this Rule, other than a transportation facility, 26
that has actual emissions of 25 tons per year or more of nitrogen oxides or volatile organic compounds shall report by 27
June 30th of each year the actual emissions of nitrogen oxides and volatile organic compounds during the previous 28
calendar year, if the facility is in: 29
(1) Cabarrus County, 30
(2) Davidson County, 31
(3) Durham County, 32
(4) Forsyth County, 33
(5) Gaston County, 34
(6) Guilford County, 35
(7) Lincoln County, 36
(8) Mecklenburg County, 37
AGENDA ITEM 5
33 of 131
(9) Rowan County, 1
(10) Union County, 2
(11) Wake County, 3
(12) Davidson Township and Coddle Creek Township in Iredell County, 4
(13) Dutchville Township in Granville County, or 5
(14) that part of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 6
801, Fulton Creek and back to the Yadkin River. 7
(1) townships of Central Cabarrus, Concord, Georgeville, Harrisburg, Kannapolis, Midland, Mount 8
Pleasant, New Gilead, Odell, Poplar Tent, and Rimertown in Cabarrus County; 9
(2) townships of Crowders Mountain, Dallas, Gastonia, Riverbend, and South Point in Gaston County 10
(3) townships of Davidson and Coddle Creek in Iredell County; 11
(4) townships of Catawba Springs, Lincolnton, and Ironton in Lincoln County; 12
(5) all townships in Mecklenburg County; 13
(6) townships of Atwell, China Grove, Franklin, Gold Hill, Litaker, Locke, Providence, Salisbury, 14
Steele, and Unity in Rowan County; or 15
(7) townships of Goose Creek, Marshville, Monroe, Sandy Ridge, and Vance in Union County. 16
(d) The annual reporting requirement underpursuant to Paragraph (c) of this Rule shall begin with calendar year 17
20072017 emissions for facilities in Cabarrus, Lincoln, Rowan, and Union counties and Davidson Township and 18
Coddle Creek Township in Iredell County.the areas identified in Paragraph (c). 19
(e) The report shall be in or on such form as may be established by the Director. The Director may require reporting 20
for sources within a facility, for other facilities, or for other pollutants, parameters, or information, by permit condition 21
or pursuant to 15A NCAC 02D .0202 (Registration of Air Pollution Sources). 22
23
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 24
rule is effective, whichever is sooner; 25
Authority G.S. 143-215.3(a)(1),(1a),(1b),(1d); 143-215.65; 143-215.107; 143B-282; 150B-21.6; 26
Eff. July 1, 1994; 27
Amended Eff. July 1, 2007; July 1, 1998; July 1, 1996.1996; 28
Readopted Eff. . 29
30
31
AGENDA ITEM 5
34 of 131
15A NCAC 02Q .0301 is proposed for readoption without substantive changes as follows: 1
2
3
SECTION .0300 - CONSTRUCTION AND OPERATION PERMITS 4
5
15A NCAC 02Q .0301 APPLICABILITY 6
(a) Except for the permit exemptions allowed under pursuant to Rules 15A NCAC 02Q .0102 and .0302 of this 7
Subchapter,15A NCAC 02Q .900 or as allowed under pursuant to G.S. 143-215.108A, the owner or operator of a new, 8
modified, or existing facility or source shall not begin construction or operation without first obtaining a construction 9
and operation permit in accordance with the procedures under pursuant to Section .0300; 15A NCAC 02Q .0300; 10
however, Title V facilities are subject to the Title V procedures under pursuant to Section .0500 15A NCAC 02Q 11
.0500 including the acid rain procedures under pursuant to Section .0400 15A NCAC 02Q .0400 for Title IV sources. 12
(b) The owner or operator of a source required to have a permit under this Section may also be subject to the air toxic 13
permit procedures under pursuant to 15A NCAC 2Q .0700.02Q .0700. 14
(c) The owner or operator of a source required to have a permit under this Section shall pay permit fees required under 15
pursuant to Section .0200 of this Subchapter.15A NCAC 02Q .0200. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 18
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 19
becomes effective, whichever is sooner; 20
Eff. July 1, 1994; 21
Amended Eff. December 1, 2005; July 1, 1998.1998; 22
Readopted Eff. . 23
24
25
AGENDA ITEM 5
35 of 131
15A NCAC 02Q .0303 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0303 DEFINITIONS 3
For the purposes of this Section, the following definitions apply: 4
(1) "New facility" means a facility that is receiving a permit from the Division for construction and 5
operation of a source of an emissions polluting operation that it is not currently permitted. 6
(2)(1) "Modified facility" means a modification of an existing facility or source and: 7
(a) Thethe permitted facility or source is being modified in such a manner as to require the 8
Division to reissue the permit, or 9
(b) A(a) new source is being added that requires the Division to reissue the permit. 10
A modified facility does not include a facility or source that requests to change name or ownership, construction or 11
test dates, or reporting procedures. 12
A modified facility does not include a facility or source that requests to change name or ownership, 13
construction or test dates, or reporting procedures. 14
(2) "New facility" means a facility that is receiving a permit from the Division for construction and 15
operation of an emission source that it is not currently permitted. 16
(3) "Plans and Specifications" means the completed application and any other documents required to 17
define the operating conditions of the air pollution source. 18
(4) “Responsible official” means one of the following: 19
(a) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in 20
charge of a principal business function, or any other person who performs similar policy 21
or decision-making functions for the corporation, or a duly authorized representative of 22
such person if the representative is responsible for the overall operation of one or more 23
manufacturing, production, or operating facilities applying for or subject to a permit and 24
either; 25
(i) the facilities employ more than 250 persons, or have gross annual sales or 26
expenditures exceeding $25 million (in second quarter 1980 dollars); or 27
(ii) the delegation of authority to such representatives is approved in advance by the 28
permitting authority; 29
(b) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; or 30
(c) for a municipality, State, Federal, or other public agency: either a principal executive 31
officer or ranking elected official. A principal executive officer of a Federal agency 32
includes the chief executive officer having responsibility for the overall operations of a 33
principal geographic unit of the agency (e.g., a Regional Administrator of EPA). 34
(4)(5) "Title IV source" means a source that is required to be permitted following the procedures under 35
Section .0400 of this Subchapter.pursuant to 15A NCAC 02Q .0400. 36
AGENDA ITEM 5
36 of 131
(5)(6) "Title V source" means a source that is required to be permitted following the procedures under 1
Section .0500 of this Subchapter.pursuant to 15A NCAC 02Q .0500. 2
3
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 4
rule becomes effective, whichever is sooner; 5
Authority G.S. 143-213; 143-215.3(a)(1); 6
Eff. July 1, 1994.1994; 7
Readopted Eff. . 8
9
10
AGENDA ITEM 5
37 of 131
15A NCAC 02Q .0304 is proposed for readoption with substantive changes 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 Rule .0104 of this Subchapter.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 under Rule .0113 of this Subchapter;pursuant to 14
15A NCAC 02Q .0113; 15
(3) for permit renewal, an emissions inventory that contains the information specified under 15A NCAC 16
02D .0202, Registration of Air Pollution Sources (the applicant may shall use emission inventory 17
forms or electronic data systems provided by the Division to satisfy this requirement); and 18
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if the 19
Director finds this information necessary to evaluate the source, its air pollution abatement 20
equipment, or the facility: 21
(A) The the applicant is financially qualified to carry out the permitted activities, or 22
(B) The the applicant has substantially complied with the air quality and emissions standards 23
applicable to any activity in which the applicant has previously been engaged, and has been 24
in substantial compliance with federal and state environmental laws and rules. 25
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 (prevention of 26
significant deterioration) or .0531 (new source review for sources in nonattainment areas), applicants shall file air 27
permit applications at least 180 days before the projected construction date. For all other sources, applicants shall file 28
air permit applications at least 90 days before the projected date of construction of a new source or modification of an 29
existing source. 30
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the 31
originally permitted source, application for permit change may be made by letter application to the Director at the 32
address specified in Rule .0104 of this Subchapter. 15A NCAC 02Q .0104. The permit renewal, name, or ownership 33
change letter application must shall state that there have been no changes in the permitted facility since the permit was 34
last issued. However, the Director may require the applicant for ownership change to submit additional information, 35
if the Director finds the following information necessary to evaluate the applicant for ownership change, showing that: 36
(1) The applicant is financially qualified to carry out the permitted activities, or 37
AGENDA ITEM 5
38 of 131
(2) The applicant has substantially complied with the air quality and emissions standards applicable to 1
any activity in which the applicant has previously been engaged, and has been in substantial 2
compliance with federal and state environmental laws and rules. 3
To make a name or ownership change, the applicant shall send the Director the number of copies of letters specified 4
in Rule .0305(a)(3) or (4) of this Section 15A NCAC 02Q .0305(a)(3) or (4) signed by a person specified in Paragraph 5
(j) of this Rule. the responsible official defined in 15A NCAC 02Q .0303. 6
(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting 7
procedures may be made by letter to the Director at the address specified in Rule .0104 of this Subchapter. 15A NCAC 8
02Q .0104. To make changes in construction or test dates or reporting procedures, the applicant shall send the Director 9
the number of copies of letters specified in Subparagraph (a)(5) of Rule .0305(a)(5).0305 of this Section signed by a 10
person specified in Paragraph (j) of this Rule. the responsible official defined in 15A NCAC 02Q .0303. 11
(f) When to file applications for permit renewal. Applicants shall file applications for renewals such that they are 12
mailed to the Director at the address specified in Rule .0104 of this Subchapter 15A NCAC 02Q .0104 and postmarked 13
at least 90 days before expiration of the permit. 14
(g) Name, or ownership change. The permittee shall file requests for permit name or ownership changes as soon as 15
the permittee is aware of the imminent name or ownership change. 16
(h) Number of copies of additional information. The applicant shall submit the same number of copies of additional 17
information as required for the application package. 18
(i) Requesting additional information. Whenever the information provided on the permit application forms does not 19
adequately describe the source and its air cleaning device, the Director may request that the applicant provide any 20
other information that the Director considers necessary to evaluate the source and its air cleaning device. Before acting 21
on any permit application, the Director may request any information from an applicant and conduct any inquiry or 22
investigation that he or she considers necessary to determine compliance with applicable standards. 23
(j) Signature on application. Permit applications submitted pursuant to this Rule shall be signed as follows: 24
(1) for corporations, by a principal executive officer of at least the level of vice-president, or his duly 25
authorized representative, if such representative is responsible for the overall operation of the 26
facility from which the emissions described in the permit application form originates; 27
(2) for partnership or limited partnership, by a general partner; 28
(3) for a sole proprietorship, by the proprietor; 29
(4) for municipal, state, federal, or other public entity, by a principal executive officer, ranking elected 30
official, or other duly authorized employee. 31
(k)(j) Application fee. With the exceptions specified in Rule .0203(i) of this Subchapter, 15A NCAC 02Q .0203(i), a 32
non-refundable permit application processing fee shall accompany each application. The permit application processing 33
fees are defined in Section .0200 of this Subchapter.15A NCAC 02Q .0200. A permit application is shall be incomplete 34
until the permit application processing fee is received. 35
AGENDA ITEM 5
39 of 131
(l)(k) Correcting submittals of incorrect information. An applicant has shall have a continuing obligation to submit 1
relevant facts pertaining to his or her permit application and to correct incorrect information on his or her permit 2
application. 3
(m)(l) Retaining copy of permit application package. The applicant shall retain for the duration of the permit term 4
one complete copy of the application package and any information submitted in support of the application package. 5
6
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 7
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule is 8
effective, whichever is sooner; 9
Eff. July 1, 1994; 10
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999.1999; 11
Readopted Eff. . 12
13
14
AGENDA ITEM 5
40 of 131
15A NCAC 02Q .0305 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT 3
(a) If an applicant does not submit, at a minimum, the following information with histhe application package, the 4
application package shall be returned:considered incomplete for processing: 5
(1) for new facilities and modified facilities: 6
(A) an application fee as required under Section .0200 of this Subchapter;pursuant to 15A 7
NCAC 02Q .0200; 8
(B) a zoning consistency determination as required under Rule .0304(b)(1) of this 9
Section;pursuant to15A NCAC 02Q .0304(b)(1); 10
(C) the documentation required under Rule .0304(b)(2) of this Section pursuant to 15A NCAC 11
02Q .0304(b)(2) if required; 12
(D) a financial qualification or substantial compliance statement if required; and 13
(E) applications as required under Rule .0304(a) of this Section pursuant to 15A NCAC 02Q 14
.0304(a) and Paragraph (b) of this Rule and signed as required by Rule .0304(j) of this 15
Section;by the responsible official; 16
(2) for renewals: two copies of applications one copy of the application as required under Rule .0304(a) 17
and (d) of this Section 15A NCAC 02Q .0304 (a) and (d) and signed as required by Rule .0304(j) of 18
this Section by the responsible official and an emissions inventory that contains the information 19
specified underpursuant to 15A NCAC 02D .0202, Registration of Air Pollution Sources; 20
(3) for a name change: two copies of a letter one copy signed by the appropriate individual listed in 21
Rule .0304(j) responsible official indicating the current facility name, the date on which the name 22
change shall occur, and the new facility name; 23
(4) for an ownership change: an application fee as required under Section .0200 of this Subchapter 24
pursuant to 15A NCAC 02Q .0200 and: 25
(A) two copies one copy of a letter sent by each, the seller and the buyer, indicating the change; 26
or 27
(B) two copies one copy of a letter sent by either bearing the signature of both the seller and 28
buyer, containing a written agreement with a specific date for the transfer of permit 29
responsibility, coverage, and liability between the current and new permittee; and or 30
(C) submit one copy of the appropriate form provided by the Division; and 31
(5) for corrections of typographical errors; changes in name, address, or telephone number of any 32
individual identified in the permit; changes in test dates or construction dates; or similar minor 33
changes: two copies one copy of a letter signed by the appropriate individual listed in Rule .0304(j) 34
of this Section responsible official describing the proposed change and explaining the need for the 35
proposed change. 36
(b) The applicant shall submit copies of the application package as follows: 37
AGENDA ITEM 5
41 of 131
(1) six copies for sources subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200; or 1
(2) three copies for sources not subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200. 2
(1) one copy for all applications; 3
(2) one additional copy for facilities demonstrating compliance through modeling analysis; and 4
(3) three additional copies for sources subject to the requirements of 15A NCAC 02Q .0530 or .0531. 5
6
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 7
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 8
becomes effective, whichever is sooner; 9
Eff. July 1, 1994; 10
Amended Eff. December 1, 2005; April 1, 2004.2004; 11
Readopted Eff. . 12
13
14
AGENDA ITEM 5
42 of 131
15A NCAC 02Q .0306 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0306 PERMITS REQUIRING PUBLIC PARTICIPATION 3
(a) The Director shall provide for public notice for comments with an opportunity for the public to request a public 4
hearing on draft permits for the following: 5
(1) any source that may be designated by the Director based on public interest relevant to air quality; 6
(2) a source to which 15A NCAC 02D .0530 or .0531 applies; 7
(3) a source whose emission limitation is based on a good engineering practice stack height that exceeds 8
the height defined in 15A NCAC 02D .0533(a)(4)(A), (B), or (C); 9
(4) a source required to have controls more stringent than the applicable emission standards in 15A 10
NCAC 02D .0500 according to 15A NCAC 02D .0501 when necessary to comply with an ambient 11
air quality standard under pursuant to 15A NCAC 02D .0400; 12
(5) alternative controls different than the applicable emission standards in 15A NCAC 02D .0900 13
according to 15A NCAC 02D .0952; 14
(6) a limitation on the quantity of solvent borne ink that may be used by a printing unit or printing 15
system according to 15A NCAC 02D .0961 and .0965; 16
(7) an allowance of a particulate emission rate of 0.08 grains per dry standard cubic foot for an 17
incinerator constructed before July 1, 1987, in accordance with 15A NCAC 02D .1204(c)(2)(B) and 18
.1208 (b)(2)(B); 19
(8) an alternative mix of controls underpursuant to 15A NCAC 02D .0501(f); 20
(9) a source that is subject to the requirements of 15A NCAC 02D .1109 or .1112; 21
(10) a source seeking exemption from the 20-percent opacity standard in 15A NCAC 02D .0521 22
underpursuant to 15A NCAC 2D .0521(f); 23
(11) a source using an alternative monitoring procedure or methodology underpursuant to 15A NCAC 24
02D .0606(g) or .0608(g); or 25
(12) when the owner or operator requests that the draft permit go to public notice with an opportunity to 26
request a public hearing. 27
(b) On the Division's website, the Director shall post a copy of the draft permit that changes classification for a facility 28
by placing a physical or operational limitation in it to avoid the applicability of rules in 15A NCAC 02Q .0500. Along 29
with the draft permit, the Director shall also post a public notice for comments with an opportunity to request a public 30
hearing on that draft permit. The public notice shall contain the information specified in Paragraph (c) of Rule .0307 31
of this Section and shall allow at least 30 days for public comment. 32
(c)(b) If EPA requires the State to submit a permit as part of the North Carolina State Implementation Plan for Air 33
Quality (SIP) and if the Commission approves a permit containing any of the conditions described in Paragraph (a) of 34
this Rule as a part of the SIP, the Director shall submit the permit to the EPA on behalf of the Commission for inclusion 35
as part of the federally approved SIP. 36
37
AGENDA ITEM 5
43 of 131
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.108; 143-215.114A; 143-215.114B; 143-215.114C; 1
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 2
becomes effective, whichever is sooner; 3
Eff. July 1, 1994; 4
Amended Eff. September 1, 2010; January 1, 2007; August 1, 2004; July 1, 2000; July 1, 1999; 5
July 1, 1998.1998; 6
Readopted Eff. . 7
8
9
AGENDA ITEM 5
44 of 131
15A NCAC 02Q .0307 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES 3
(a) This Rule doesshall not apply to sources subject to the requirements of 15A NCAC 2D02D .0530 or .0531 or 4
Appendix S or 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 2D02D .0530 or .0531 or 5
Appendix S of 40 CFR Part 51, the procedures in 15A NCAC 2D02D .0530 or .0531 or Appendix S of 40 CFR Part 6
51 shall be followed, respectively. 7
(b) The public notice shall be given by publication in a newspaper of general circulation in the area where the facility 8
is located and shall be mailed to persons who are on the Division's mailing list for air quality permit notices and to the 9
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 a person from whom interested 15
persons may obtain additional information, including copies of the draft permit, the application, 16
compliance plan, monitoring and compliance reports, all other relevant supporting materials, and all 17
other materials available to the Division that are relevant to the permit decision; 18
(5) the activity or activities involved in the permit action; 19
(6) any emissions change involved in any permit modification; 20
(7) a brief description of the public comment procedures; 21
(8) the procedures to follow to request a public hearing unless a public hearing has already been 22
scheduled; and 23
(9) the time and place of any hearing that has already been scheduled. 24
(d) The notice shall allow at least 30 days for public and EPA comments. 25
(e) If the Director determines that significant public interest exists or that the public interest will be served, the 26
Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given at least 27
30 days before the public hearing. 28
(f) The Director shall make available for public inspection in at least one location in the region affected, the 29
information submitted by the permit applicant and the Division's analysis of that application. 30
(g) The Director shall send EPA a copy of each draft permit subject to public and EPA comment when he sendssending 31
EPA the notice of request for public comment for that permit and shall send EPA a copy of each such permit when it 32
is issued. 33
(h) Persons who desire to be placed on the Division's mailing list for air quality permit notices shall send their request 34
to the Director, Division of Air Quality, P.O. Box 29580,1641 Mail Service Center, Raleigh, North Carolina 27626-35
058027699-1641 and shall pay an annual fee of thirty dollars ($30.00). 36
AGENDA ITEM 5
45 of 131
(i) Any persons requesting copies of material identified in Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) 1
a page for each page copied. Confidential material shall be handled in accordance with Rule .0107 of this 2
Subchapter.15A NCAC 02Q .0107. 3
4
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 5
rule becomes effective, whichever is sooner; 6
Authority G.S. 143-215.3(a)(1),(3); 143-215.4(b); 143-215.108; 7
Eff. July 1, 1994; 8
Amended Eff. July 1, 1998. 9
10
11
AGENDA ITEM 5
46 of 131
15A NCAC 02Q .0308 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0308 FINAL ACTION ON PERMIT APPLICATIONS 3
(a) The Director may: 4
(1) issue a permit, permit modification, or a renewal containing the conditions necessary to carry out 5
the purposes of G.S. 143, Article 21B; 6
(2) rescind a permit upon request by the permittee; or 7
(3) deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B. 8
(b) Any person whose application for a permit, permit modification, renewal, letter requesting change in name or 9
ownership, construction or test date, or reporting procedure,procedure is denieddenied, or is granted subject to 10
conditions that are unacceptable to himunacceptable, shall have the right to appeal the Director's decision under Article 11
3 of G.S. 150B. The person shall have 30 days following receipt of the notice of the Director's decision on the 12
application or permit in which to appeal the Director's decision. The permit shall become final if the applicant does 13
not contest the permit within this 30-day period. 14
(c) The Director shall issue or renew a permit for a term of eight years. 15
16
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 17
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 18
becomes effective, whichever is sooner; 19
Eff. July 1, 1994; 20
Amended Eff. January 1, 2015.2015; 21
Readopted Eff. . 22
23
24
AGENDA ITEM 5
47 of 131
15A NCAC 02Q .0309 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0309 TERMINATION, MODIFICATION AND REVOCATION OF PERMITS 3
(a) The Director may terminate, modify, or revoke and reissue any permit issued underpursuant to this Section if: 4
(1) The information contained in the application or presented in support thereof is determined to be 5
incorrect; 6
(2) The conditions under which the permit or permit renewal was granted have changed; 7
(3) Violations of conditions contained in the permit have occurred; 8
(4) The permit holder fails to pay the fee required under Section .0200 of this Subchapter pursuant to 9
15A NCAC 02Q .0200 within 30 days after being billed; 10
(5) The permittee refuses to allow the Director or histheir authorized representative upon presentation 11
of credentials: 12
(A) to enter, at reasonable times and using reasonable safety practices, the permittee's premises 13
in which a source of emissions is located or in which any records are required to be kept 14
underpursuant to the terms and conditions of the permit; 15
(B) to have access, at reasonable times, to any copy or records required to be kept 16
underpursuant to the terms and conditions of the permit; 17
(C) to inspect, at reasonable times and using reasonable safety practices, any source of 18
emissions, control equipment, and any monitoring equipment or method required in the 19
permit; or 20
(D) to sample, at reasonable times and using reasonable safety practices, any emission source 21
at the facility; 22
(6) The Director finds that termination, modification, or revocation and reissuance of a permit is 23
necessary to carry out the purpose of G.S. 143, Article 21B. 24
(b) The permittee shall furnish the Division, in a timely manner, any reasonable information that the Director may 25
request in writing to determine whether cause exists for terminating, modifying, or revoking and reissuing the permit 26
or to determine compliance with the permit. 27
(c) The operation of a facility or source after its permit has been terminated is a violation of this Section and G.S. 28
143-215.108. 29
(d) The permittee may request modifications to his permit. 30
(e) The filing of a request by a permittee for a permit termination, modification, revocation and reissuance, notification 31
of planned changes, or anticipated noncompliance does not stay any permit term or condition. 32
(f) When a permit is modified, the proceedings shall affect only those parts of the permit that are being modified. 33
34
History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule 35
is effective, whichever is sooner; 36
AGENDA ITEM 5
48 of 131
Authority G.S. 143-215.3(a)(1),(1a),(1b); 143-215.108; 143-215.114A; 143-215.114B; 1
143-215.114C; 2
Eff. July 1, 1994; 3
Amended Eff. July 1, 1999.1999; 4
Readopted Eff. . 5
6
7
8
9
AGENDA ITEM 5
49 of 131
15A NCAC 02Q .0310 is proposed for readoption without changes as follows: 1
2
15A NCAC 02Q .0310 PERMITTING OF NUMEROUS SIMILAR FACILITIES 3
(a) The Director may issue a permit to cover numerous similar facilities or sources. 4
(b) The Director shall not issue a permit under this Rule unless the following conditions are meet: 5
(1) There is no unique difference that would require special permit conditions for any individual facility; 6
and 7
(2) No unique analysis is required for any facility covered under the permit. 8
(c) A permit issued under this Rule shall identify criteria by which facilities or sources may qualify for the permit. 9
The Director shall grant the terms and conditions of the permit to facilities or sources that qualify. 10
(d) The facility or source shall be subject to enforcement action for operating without a permit if the facility or source 11
is later determined not to qualify for the terms and conditions of the permit issued under this Rule. 12
(e) The owner or operator of a facility or source that qualifies for a permit issued under this Rule shall apply for 13
coverage under the terms of the permit issued under this Rule or shall apply for a standard permit under this Section. 14
15
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 16
rule becomes effective, whichever is sooner; 17
Authority G.S. 143-215.3(a)(1); 143-215.108; 18
Eff. July 1, 1994.1994; 19
Readopted Eff. . 20
21
22
23
24
AGENDA ITEM 5
50 of 131
15A NCAC 02Q .0311 is proposed for readoption without changes as follows: 1
2
15A NCAC 02Q .0311 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES 3
(a) The Director may issue a single permit authorizing emissions from a facility or source at multiple temporary sites. 4
(b) Permits for facilities at multiple temporary sites shall include: 5
(1) the identification of each site; 6
(2) the conditions that will assure compliance with all applicable requirements at all approved sites; 7
(3) a requirement that the permittee notify the Division at least 10 days in advance of each change of 8
site; and 9
(4) the conditions that assure compliance with all other provisions of this Section. 10
11
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 12
rule becomes effective, whichever is sooner; 13
Authority G.S. 143-215.3(a)(1); 143-215.108; 14
Eff. July 1, 1994; 15
Amended Eff. July 1, 1996.1996; 16
Readopted Eff. . 17
18
19
20
AGENDA ITEM 5
51 of 131
15A NCAC 02Q .0312 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0312 APPLICATION PROCESSING SCHEDULE 3
(a) The Division shall adhere to the following schedule for processing applications for permits, permit modifications, 4
and permit renewals: 5
(1) for permit applications, except for prevention of significant deterioration underpursuant to 15A 6
NCAC 2D02D .0530, case-by-case maximum achievable control technology underpursuant to 15A 7
NCAC 2D02D .1109 or .1112,.1112: or a request for synthetic minor facility status before one year 8
after EPA approves Section .0500 of this Subchapter: 9
(A) The Division shall send written acknowledgment of receipt of the permit application to the 10
applicant within 10 days of receipt of the application. 11
(B) The Division shall review all permit applications within 45 days of receipt of the 12
application to determine whether the application is complete or incomplete for processing 13
purposes. The Division shall notify the applicant by letter:in writing: 14
(i) stating that the application as submitted is complete and specifying the 15
completeness date, 16
(ii) stating that the application is incomplete, requesting additional information and 17
specifying the deadline date by which the requested information is to be received 18
by the Division, or 19
(iii) stating that the application is incomplete and requesting that the applicant rewrite 20
and resubmit the application. 21
If the Division does not notify the applicant by letterin writing dated within 45 days of 22
receipt of the application that the application is incomplete, the application shall be deemed 23
complete. A completeness determination shall not prevent the Director from requesting 24
additional information at a later date when such information is considered necessary to 25
properly evaluate the source, its air pollution abatement equipment, or the facility. If the 26
applicant has not provided the requested additional information by the deadline specified 27
in the letter requestingwritten request for additional information, the Director may return 28
the application to the applicant as incomplete. The applicant may request a time extension 29
for submittal of the requested additional information. 30
(C) The Division shall determine within 45 days of receipt of a complete application if any 31
additional information is needed to conduct the technical review of the application. A 32
technical completeness determination shall not prevent the Director from requesting 33
additional information at a later date when such information is considered necessary to 34
properly evaluate the source, its air pollution abatement equipment or the facility. The 35
Division shall complete the technical review within 90 days of receipt of a complete 36
application or 10 days after receipt of requested additional information, whichever is later. 37
AGENDA ITEM 5
52 of 131
(D) If the draft permit is not required to go to public notice or to public hearing, the Director 1
shall issue or deny the permit within 90 days of receipt of a complete application or 10 2
days after receipt of requested additional information, whichever is later. 3
(E) If the draft permit is required to go to public notice with a request for opportunity for public 4
hearing under Rule .0306(a) of this Section, pursuant to 15A NCAC 02Q .0306(a), the 5
Director shall: 6
(i) send the draft permit to public notice within 90 days after receipt of a complete 7
application; and 8
(ii) complete the review of the record and take final action on the permit within 30 9
days after the close of the public comment period. 10
(F) If the draft permit is required to go to public hearing as a result of a request for public 11
hearing under Rule .0307(e) of this Section, pursuant to 15A NCAC 02Q .0307(a), the 12
Director shall: 13
(i) send the draft permit to public hearing within 45 days after approving the request 14
for the public hearing; and 15
(ii) complete the review of the record and take final action on the permit within 30 16
days after the close of the public hearing. 17
(2) for permit applications for prevention of significant deterioration underpursuant to 15A NCAC 18
2D02D .0530, the processing schedules are set out in those Rules. 19
(3) for case-by-case maximum achievable control technology underpursuant to 15A NCAC 2D02D 20
.1109 or .1112: 21
(A) The Division shall send written acknowledgment of receipt of the permit application to the 22
applicant within 10 days of receipt of the application. 23
(B) The Division shall review all permit applications within 45 days of receipt of the 24
application to determine whether the application is complete or incomplete for processing 25
purposes. The Division shall notify the applicant by letter:in writing: 26
(i) stating that the application as submitted is complete and specifying the 27
completeness date,date; 28
(ii) stating that the application is incomplete, requesting additional information and 29
specifying the deadline date by which the requested information is to be received 30
by the Division,Division; or 31
(iii) stating that the application is incomplete and that the applicant rewrite and 32
resubmit the application. 33
If the Division does not notify the applicant by letterin writing dated within 45 days of 34
receipt of the application that the application is incomplete, the application shall be deemed 35
complete. A completeness determination shall not prevent the Director from requesting 36
additional information at a later date when such information is considered necessary to 37
AGENDA ITEM 5
53 of 131
properly evaluate the source, its air pollution abatement equipment, or the facility. If the 1
applicant has not provided the requested additional information by the deadline specified 2
in the letter requesting additional information, the Director may return the application to 3
the applicant as incomplete. The applicant may request a time extension for submittal of 4
the requested additional information. 5
(C) The Division shall determine within 60 days of receipt of a complete application if any 6
additional information is needed to conduct the technical review of the application. A 7
technical completeness determination shall not prevent the Director from requesting 8
additional information at a later date when such information is considered necessary to 9
properly evaluate the source, its air pollution abatement equipment or the facility. The 10
Division shall complete the technical review within 120 days of receipt of a complete 11
application or 10 days after receipt of requested additional information, whichever is later. 12
(D) The Director shall: 13
(i) send the draft permit to public notice within 120 days after receipt of a complete 14
application or 10 days after receipt of requested additional information, whichever 15
is later; and 16
(ii) complete the review of the record and take final action on the permit within 30 17
days after the close of the public comment period. 18
(E) If the draft permit is required to go to public hearing as a result of a request for public 19
hearing under Rule .0307(e) of this Section, pursuant to 15A NCAC 02Q .0307(e), the 20
Director shall: 21
(i) send the draft permit to public hearing within 45 days after approving the request 22
for the public hearing; and 23
(ii) complete the review of the record and take final action on the permit within 30 24
days after the close of the public hearing. 25
(4) requests for synthetic minor facility status before one year after EPA approves Section .0500 of this 26
Subchapter shall be acted on within one year after EPA approves Section .0500 of this Subchapter. 27
(b) The days that fall between sending out a letterwritten notification requesting additional information and receiving 28
that additional information shall not be counted in the schedules underpursuant to Paragraph (a) of this Rule. 29
(c) The Director may return at any time applications containing insufficient information to complete the review. 30
31
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 32
Eff. February 1, 1995; 33
Amended Eff. July 1, 1998.1998; 34
Readopted Eff. . 35
36
37
AGENDA ITEM 5
54 of 131
15A NCAC 02Q .0313 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0313 EXPEDITED APPLICATION PROCESSING SCHEDULE 3
(a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit. 4
(b) An applicant may file an application to follow the expedited review for application certified by a professional 5
engineer as set out in G.S. 143-215.108(h) if: 6
(1) The applicant specifically requests that the permit application be processed underpursuant to the 7
procedures in G.S. 143-215.108(h); and 8
(2) The applicant submits: 9
(A) applications as required under Rules .0304 and .0305 of this Section;pursuant to 15A 10
NCAC 02Q .0304 and .0305; 11
(B) a completeness checklist showing that the permit application is complete; 12
(C) a draft permit; 13
(D) any required dispersion modeling; 14
(E) a certification signed by a professional engineer registered in North Carolina certifying the 15
accuracy and completeness of draft permit and the application, including emissions 16
estimates, applicable standards and requirements, and process specifications; 17
(F) a zoning consistency determination as required under Rule .0304(b)(1) of this 18
Section;pursuant to 15A NCAC 02Q .0304(b)(1); 19
(G) a written description of current and projected plans to reduce the emissions of air 20
contaminants as required under Rule .0304(b)(2) of this Section;pursuant to 15A NCAC 21
02Q .0304(b)(2); 22
(H) a financial qualification if required; 23
(I) substantial compliance statement if required; and 24
(J) the application fee as required under Section .0200 of this Subchapter.pursuant to 15A 25
NCAC 02Q.0200 26
(c) The applicant shall use the official application forms provided by the Division or a facsimile thereof. 27
(d) The Division shall provide the applicant a checklist of all items of information required to prepare a complete 28
permit application. This checklist shall be the checklist used by the Division to determine if the application is 29
complete. 30
(e) The Division shall provide the applicant a list of permit conditions and terms to include in the draft permit. 31
(f) Before filing a permit application that includes dispersion modeling analysis submitted in support of the 32
application, the applicant shall submit a modeling protocol and receive approval for the dispersion modeling protocol. 33
(g) The Division shall follow the procedures set out in G.S. 143-215.108(h) when processing applications filed in 34
accordance with this Rule. 35
36
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 37
AGENDA ITEM 5
55 of 131
Eff. July 1, 1998.1998; 1
Readopted Eff. . 2
3
4
5
6
AGENDA ITEM 5
56 of 131
15A NCAC 02Q .0314 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0314 GENERAL PERMIT REQUIREMENTS FOR ALL PERMITS 3
(a) All emissions limitations, controls, and other requirements imposed by a permit issued pursuant to this Section 4
shall be at least as stringent as any other applicable requirement as defined under Rule .0103 of this 5
Subchapter.pursuant to 15A NCAC 02Q .0103. The permit shall not waive or make less stringent any limitation or 6
requirement contained in any applicable requirement. 7
(b) Emissions limitations, controls and requirements contained in permits issued pursuant to the Section shall be 8
permanent, quantifiable, and otherwise enforceable as a practical matter under pursuant to G.S. 143-215.114A, 9
143-215.114B, and 143-215.114C. 10
(c) The owner or operator of a source permitted under this Section shall comply with the permit. Failure of the owner 11
or operator of a permitted source to adhere to the terms and conditions of the permit shall be grounds for: 12
(1) enforcement action; 13
(2) permit termination, revocation and reissuance, or modification; or 14
(3) denial of permit renewal applications. 15
(d) A permit does not convey any property rights of any sort, or any exclusive privileges. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 18
Eff. July 1, 1999.1999; 19
Readopted Eff. . 20
21
22
23
24
AGENDA ITEM 5
57 of 131
15A NCAC 02Q .0315 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0315 SYNTHETIC MINOR FACILITIES 3
(a) A synthetic minor facility is a facility whose permit contains terms and conditions to avoid the procedures of 15A 4
NCAC 2Q 02Q .0500, Title V Procedures. 5
(b) The owner or operator of a facility to which 15A NCAC 2Q 02Q .0500, Title V Procedures, applies may choose 6
to have terms and conditions placed in his permit to restrict operation to limit the potential to emit of the facility in 7
order to remove the applicability of 15A NCAC 2Q 02Q .0500 to the facility. An application for the addition of such 8
terms and conditions shall be processed under pursuant to this Section. 9
(c) A modification to a permit to remove terms and conditions in the permit that removed the applicability of 15A 10
NCAC 2Q 02Q .0500 shall be processed under pursuant to either this Section or 15A NCAC 2Q 02Q .0500. The 11
applicant shall choose which procedures to follow. However, if the terms and conditions are removed following the 12
procedures of this Section, the permittee shall submit a permit application under pursuant to the procedures of 15A 13
NCAC 2Q 02Q .0500 within one year after the limiting terms and conditions are removed. 14
(d) After a facility is issued a permit that contains terms and conditions to remove the applicability of 15A NCAC 2Q 15
02Q .0500, the facility shall comply with the permitting requirements of this Section. 16
(e) The Director may require monitoring, recordkeeping, and reporting necessary to assure compliance with the terms 17
and conditions placed in the permit to remove the applicability of 15A NCAC 2Q 02Q .0500. 18
19
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108; 20
Eff. July 1, 1999.1999; 21
Readopted Eff. . 22
23
24
25
26
27
28
AGENDA ITEM 5
58 of 131
15A NCAC 02Q .0316 is proposed for readoption without changes as follows: 1
2
15A NCAC 02Q .0316 ADMINISTRATIVE PERMIT AMENDMENTS 3
(a) An "administrative permit amendment" means a permit revision that: 4
(1) corrects typographical errors; 5
(2) identifies a change in the name, address or telephone number of any individual identified in the 6
permit, or provides a similar minor administrative change at the facility; 7
(3) requires more frequent monitoring or reporting by the permittee; 8
(4) changes test dates or construction dates provided that no applicable requirements are violated by the 9
change in test dates or construction dates; or 10
(5) changes the permit number without changing any portion of the permit that would not otherwise 11
qualify as an administrative amendment. 12
(b) In making administrative permit amendments, the Director: 13
(1) shall take final action on a request for an administrative permit amendment within 60 days after 14
receiving such a request; and 15
(2) may make administrative amendments without providing notice to the public. 16
(c) The permittee may implement the changes addressed in the request for an administrative amendment immediately 17
upon submittal of the request. 18
19
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 20
Eff. April 1, 2001.2001; 21
Readopted Eff. . 22
23
24
AGENDA ITEM 5
59 of 131
15A NCAC 02Q .0317 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0317 AVOIDANCE CONDITIONS 3
(a) The owner or operator of a facility may request that terms and conditions be placed in that facility's permit to 4
avoid the applicability of: 5
(1) 15A NCAC 02D .0530, Prevention of Significant Deterioration; 6
(2) 15A NCAC 02D .0531, Sources in Nonattainment Areas; 7
(3) 15A NCAC 02D .0900, Volatile Organic Compounds; 8
(4) 15A NCAC 02D .1109, 112(j) Case-by-Case Maximum Achievable Control Technology; 9
(5) 15A NCAC 02D .1111, Maximum Achievable Control Technology; 10
(6) 15A NCAC 02D .1112(g).1112, 112(g) Case-by-Case Maximum Achievable Control Technology; 11
(7) 15A NCAC 02D .1400, Nitrogen Oxides; or 12
(8) other rules of 15A NCAC 02D, Air Pollution Control Requirements or Title 40 of the Code of 13
Federal Regulations that contain applicability thresholds. 14
(b) The Director may require the monitoring, recordkeeping, and reporting necessary to assure compliance with the 15
terms and conditions placed in the permit to remove the applicability of a rule. 16
17
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.108; 18
Eff. April 1, 2001.2001; 19
Readopted Eff. . 20
21
22
AGENDA ITEM 5
60 of 131
15A NCAC 02Q .0318 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0318 CHANGES NOT REQUIRING PERMIT REVISIONS 3
(a) This rule applies to sources that are not exempt pursuant to Rule .0102 of this Subchapter. 15A NCAC 02Q .0102. 4
This rule applies to facilities that have been issued an air quality permit pursuant to this Section. 5
(b) An owner or operator of a facility may make changes to that facility without first modifying any applicable air 6
permit if: 7
(1) the change does not violate any existing requirements or add new applicable requirements; 8
(2) the change does not cause emissions allowed under the current permit to be exceeded; 9
(3) the change does not require a modification of a permit term or condition pursuant to Rule .0315 or 10
avoidance condition pursuant to Rule .0317 of this Section; 11
(4) the change does not require a permit pursuant to 15A NCAC 02Q .0700, Toxic Air Pollutant 12
Procedures; 13
(5) the change does not require a P.E. Seal pursuant to Rule 15A NCAC 02Q .0112; and 14
(6) the owner or operator shall notify the Director with written notificationin writing, using forms 15
provided by the Division, seven calendar days before the change is made. Within seven calendar 16
days10 business days of receipt of the notice, the Division of Air Quality shall notify the owner or 17
operator of its determination that the change meets the requirements of Subparagraphs (b)(1) 18
through (b)(5) of this Rule. 19
(c) The written notification from the owner or operator required pursuant to Subparagraph (b)(6) of this Rule shall 20
include: 21
(1) a description of the change; 22
(2) the date on which the change will occur; 23
(3) any change in emissions; and 24
(4) all permit terms or conditions of the current permit that may be affected by this change. 25
(d) A copy of the notification from the owner or operator required pursuant to Subparagraph (b)(6) of this Rule shall 26
be attached to the current permit until the permit is revised at the next modification, name change, ownership change, 27
or renewal. 28
29
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 30
Eff. June 13, 2016.2016; 31
Readopted Eff. . 32
33
34
AGENDA ITEM 5
61 of 131
15A NCAC 02Q .0401 is proposed for readoption without substantive changes as follows: 1
2
SUBCHAPTER 02Q - AIR QUALITY PERMITS PROCEDURES 3
4
15A NCAC 02Q .0401 PURPOSE AND APPLICABILITY 5
(a) The purpose of this Rule is to implement Phase II of the federal acid rain program pursuant to the requirements of 6
Title IV of the Clean Air Act as provided in 40 C.F.RCFR Parts 72 and 76. 7
(b) This Section applies to the sources described in 40 C.F.RCFR 72.6 with such exceptions as allowed under 40 8
C.F.R 72.6.40 CFR 72.6. 9
(c) A certifying official of any unit may petition the Administrator for a determination of applicability under 40 10
C.F.RCFR 72.6(c). The Administrator's determination of applicability shall be binding upon the Division, except as 11
allowed under 40 C.F.RCFR 72.6(c). 12
13
History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule 14
is effective, whichever is sooner; 15
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(8); 143-215.108; 16
Eff. July 1, 1994; 17
Amended Eff. April 1, 2001; April 1, 1999; April 1, 1996. 18
Readopted Eff. . 19
20
21
22
AGENDA ITEM 5
62 of 131
15A NCAC 02Q .0402 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0402 ACID RAIN PERMITTING PROCEDURES 3
(a) For the purpose of this Rule the definitions contained in 40 CFR 72.2 and 76.2 and the measurements, 4
abbreviations, and acronyms contained in 40 CFR 72.3 shall apply. 5
(b) Affected units as defined in 40 CFR 72.6, 76.1, or Paragraph (b)(1)(b) of Rule .0401 of this Section shall comply 6
with the permit, monitoring, sulfur dioxide, nitrogen oxides, excess emissions, recordkeeping and reporting, liability, 7
and any other provisions as required in 40 CFR Part 72 and 76. The term "permitting authority" shall mean Division 8
of Environmental Management,Department of Environmental Quality, and the term "Administrator" shall mean the 9
Administrator of the United States Environmental Protection Agency. 10
(c) If the provisions or requirements of 40 CFR Part 72 or 76 conflict with or are not included in Section .0500 of this 11
Subchapter, then Part 72 or 76 provisions and requirements shall apply and take precedence. 12
13
History Note: Filed as a Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule 14
is effective, whichever is sooner; 15
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(8); 143-215.108; 16
Eff. July 1, 1994; 17
Amended Eff. April 1, 1999; April 1, 1996. 18
Readopted Eff. . 19
20
AGENDA ITEM 5
63 of 131
15A NCAC 02Q .0501 is proposed for readoption without substantive changes as follows: 1
2
SECTION .0500 - TITLE V PROCEDURES 3
4
15A NCAC 02Q .0501 PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT 5
(a) The purpose of this Section is to establish an air quality permitting program as required under Title V of the Clean 6
Air Act and 40 CFR Part 70. 7
(b) The procedures and requirements under this Section do not apply until EPA approves this Section. 8
(c) With the exception in Paragraph (d) of this Rule, the owner or operator of an existing facility, new facility, or 9
modification of an existing facility (except for minor modifications under Rule.0515 of this Section),15A NCAC 02Q 10
.0515), including significant modifications that would not contravene or conflict with a condition in the existing 11
permit, subject to the requirements of this Section shall not begin construction without first obtaining: 12
(1) a construction and operation permit following the procedures under this Section (except for 13
Rule.0504), 15A NCAC 02Q .0504), or 14
(2) a construction and operation permit following the procedures under Rule15A NCAC 02Q .0504 and 15
filing a complete application within 12 months after commencing operation to modify the 16
construction and operation permit to meet the requirements of this Section. 17
(d) If the permittee owner or operator proposes to make a significant modification under Rule 15A NCAC 02Q .0516 18
of this Section that would contravene or conflict with a condition in the existing permit, he owner or operator shall 19
not begin construction or make the modification until he owner or operator has obtained: 20
(1) a construction and operation permit following the procedures under this Section (except for Rule 21
.0504 of this Section);15A NCAC 02Q .0504); or 22
(2) a construction and operation permit following the procedures under Rule 15A NCAC 02Q .0504 of 23
this Section and, before beginning operation, files an application and obtains a permit modifying the 24
construction and operation permit to meet the requirements of this Section (except for Rule .0504 25
of this Section).15A NCAC 02Q .0504). 26
(e) All facilities subject to this Section must have a permit to operate that assures compliance with 40 CFR Part 70 27
and all applicable requirements. 28
(f) Except as allowed under Rule .051515A NCAC 02Q .0515(f) (minor modifications) of this Section, (minor 29
modifications), no facility subject to the requirements of this Section may operate after the time that it is required to 30
submit a timely and complete application under this Section except in compliance with a permit issued under this 31
Section. This Paragraph does not apply to initial submittals under Rule .0506 of this Section or to permit renewals 32
under Rule .0513 of this Section. 15A NCAC 02Q .0513. 33
(g) If the conditions of Rule15A NCAC 02Q .0512(b) (application shield) of this Section are met, the facility's failure 34
to have a permit under this Section shall not be a violation. 35
AGENDA ITEM 5
64 of 131
(h) If the owner or operator of a facility subject to the requirements of this Section submits an application for a revision 1
to his permit before receiving the initial permit under this Section, the application for the revision shall be processed 2
under Section .0300 of this Subchapter. 3
(i) The owner or operator of a facility or source subject to the requirements of this Section may also be subject to the 4
toxic air pollutant procedures under 15A NCAC 2Q .0700. 5
(j) The owner or operator of an affected unit subject to the acid rain program requirements of Title IV is also subject 6
to the procedures under Section .0400 of this Subchapter. 7
(k) The owner or operator of a facility subject to the requirements of this Section shall pay permit fees in accordance 8
with the requirements of Section .0200 of this Subchapter. 9
10
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 11
rule becomes effective, whichever is sooner; 12
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 13
Eff. July 1, 1994; 14
Amended Eff. July 1, 1998; July 1, 1996. 15
Readopted Eff. . 16
17
18
AGENDA ITEM 5
65 of 131
15A NCAC 02Q .0502 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0502 APPLICABILITY 3
(a) Except as provided in Paragraph (b) or (c) of this Rule, the following facilities are required to obtain a permit 4
under this Section: 5
(1) major facilities; 6
(2) facilities with a source subject to 15A NCAC 02D .0524 or 40 CFR Part 60, except new residential 7
wood heaters; 8
(3) facilities with a source subject to 15A NCAC 02D .1110 or 40 CFR Part 61, except asbestos 9
demolition and renovation activities; 10
(4) facilities with a source subject to 15A NCAC 02D .1111 or 40 CFR Part 63 or any other standard 11
or other requirement under Section 112 of the federal Clean Air Act, except that a source is not 12
required to obtain a permit solely because it is subject to rules or requirements under Section 112(r) 13
of the federal Clean Air Act; 14
(5) facilities to which 15A NCAC 02D .0517(2), .0528, .0529, or .0534 .0534, or .1700 applies; 15
(6) facilities with a source subject to Title IV or 40 CFR Part 72; or 16
(7) facilities in a source category designated by EPA as subject to the requirements of 40 CFR Part 70. 17
(b) This Section does not apply to minor facilities with sources subject to requirements of 15A NCAC 2D .0524, 18
.1110, or .1111 or 40 CFR Part 60, 61, or 63 until EPA requires these facilities to have a permit under 40 CFR Part 19
70. 20
(c) A facility shall not be required to obtain a permit under this Section on the sole basis of its greenhouse gas 21
emissions. 22
(d) Once a facility is subject to this Section because of emissions of one pollutant, the owner or operator of that facility 23
shall submit an application that includes all sources of all regulated air pollutants located at the facility except for 24
insignificant activities because of category. category as defined in 15A NCAC 2Q .0503(7). 25
26
History Note: Authority G.S. 143-215.3(a)(1); 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. July 1, 1996; 31
Temporary Amendment Eff. December 1, 1999; 32
Amended Eff. July 1, 2000; 33
Temporary Amendment Eff. December 2, 2014; 34
Amended Eff. September 1, 2015. 35
Readopted Eff. . 36
37
AGENDA ITEM 5
66 of 131
15A NCAC 02Q .0503 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0503 DEFINITIONS 3
For the purposes of this Section, the definitions in G.S. 143-212 and 143 213G.S. 143-212, 143-213, 15A NCAC 2Q 4
.0103, and the following definitions apply: 5
(1) "Affected States" means all states or local air pollution control agencies whose areas of jurisdiction 6
are: 7
(a) contiguous to North Carolina and located less than D=Q/12.5 from the facility, where: 8
(i) Q = emissions of the pollutant emitted at the highest permitted rate in tons per 9
year, and 10
(ii) D = distance from the facility to the contiguous state or local air pollution control 11
agency in miles 12
unless the applicant can demonstrate to the satisfaction of the Director that the ambient 13
impact in the contiguous states or local air pollution control agencies is less than the 14
incremental ambient levels in 15A NCAC 02D .0532(c)(5); or 15
(b) within 50 miles of the permitted facility. 16
(2) "Complete application" means an application that provides all information described under 40 CFR 17
70.5(c) and such other information that is necessary to determine compliance with all applicable 18
requirements. 19
(3) "Draft permit" means the version of a permit that the Division offers public participation under Rule 20
15A NCAC 02Q .0521 of this Section or affected State review under Rule 15A NCAC 02Q .0522 21
of this Section. .0522. 22
(4) "Emissions allowable under the permit" means a federally enforceable permit term or condition 23
determined at issuance to be an applicable requirement that establishes an emissions limit (including 24
a work practice standard) or a federally enforceable emissions cap that the facility has assumed to 25
avoid an applicable requirement to which the facility would otherwise be subject. 26
(5) "Final permit" means the version of a permit that the Director issues that has completed all review 27
procedures required under this Section if the permittee does not file a petition under Article 3 of 28
G.S. 150B. 29
(6) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 30
chimney, vent, or other functionally-equivalent opening. 31
(7) "Insignificant activities because of category" means: 32
(a) mobile sources; 33
(b) air-conditioning units used for human comfort that are not subject to applicable 34
requirements under Title VI of the federal Clean Air Act and do not exhaust air pollutants 35
into the ambient air from any manufacturing or other industrial process; 36
AGENDA ITEM 5
67 of 131
(c) ventilating units used for human comfort that do not exhaust air pollutants into the ambient 1
air from any manufacturing or other industrial process; 2
(d) heating units used for human comfort that have a heat input of less than 10,000,000 Btu 3
per hour and that do not provide heat for any manufacturing or other industrial process; 4
(e) noncommercial food preparation; 5
(f) consumer use of office equipment and products; 6
(g) janitorial services and consumer use of janitorial products; 7
(h) internal combustion engines used for landscaping purposes; 8
(i) new residential wood heaters subject to 40 CFR Part 60, Subpart AAA; and 9
(j) demolition and renovation activities covered solely under 40 CFR Part 61, Subpart M. 10
(8) "Insignificant activities because of size or production rate" means any activity whose emissions 11
would not violate any applicable emissions standard and whose potential emission of particulate, 12
sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air 13
pollution control devices, i.e., potential uncontrolled emissions, are each no more than five tons per 14
year and whose potential emissions of hazardous air pollutants before air pollution control devices, 15
are each below 1000 pounds per year. 16
(9) "Minor facility" means any facility that is not a major facility. 17
(10) "Operation" means the utilization of equipment that emits regulated pollutants. 18
(11) "Permit renewal" means the process by which a permit is reissued at the end of its term. 19
(12) "Permit revision" means any permit modification under Rule 15A NCAC 02Q .0515, 15A NCAC 20
02Q .0516, or 15A NCAC 02Q .0517 of this Section or any administrative permit amendment under 21
Rule 15A NCAC 02Q .0514 of this Section..0514. 22
(13) "Proposed permit" means the version of a permit that the Director proposes to issue and forwards to 23
EPA for review under Rule .0522 of this Section. 15A NCAC 02Q .0522. 24
(14) "Relevant source" means only those sources that are subject to applicable requirements. 25
(15) "Responsible official" means a responsible official as defined under 40 CFR 70.2. 26
(16) "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. 27
Such changes do not include changes that would violate applicable requirements or contravene 28
federally enforceable permit terms and conditions that are monitoring (including test methods), 29
recordkeeping, reporting, or compliance certification requirements. 30
(17) "Synthetic minor facility" means a facility that would otherwise be required to follow the procedures 31
of this Section except that the potential to emit is restricted by one or more federally enforceable 32
physical or operational limitations, including air pollution control equipment and restrictions on 33
hours or operation, the type or amount of material combusted, stored, or processed, or similar 34
parameters. 35
(18) "Timely" means: 36
AGENDA ITEM 5
68 of 131
(a) for initial permit submittals under Rule .0506 of this Section, before the end of the time 1
period specified for submittal of an application for the respective Standard Industrial 2
Classification; 3
(b)(a) for a new facility, one year after commencing operation; 4
(c)(b) for renewal of a permit previously issued under this Section, nine six months before the 5
expiration of that permit; 6
(d)(c) for a minor modification under Rule .0515 of this Section,15A NCAC 02Q .0515, before 7
commencing the modification; 8
(e)(d) for a significant modification under Rule 15A NCAC 02Q .0516 of this Section where the 9
change would not contravene or conflict with a condition in the existing permit, 12 months 10
after commencing operation; 11
(f)(e) for reopening for cause under Rule .0517 of this Section, 15A NCAC 02Q .0517, as 12
specified by the Director in the request for additional information by the Director; 13
(g)(f) for requests for additional information, as specified by the Director in the request for 14
additional information by the Director; or 15
(h)(g) for modifications made under Section 112(j) of the federal Clean Air Act, 18 months after 16
EPA fails to promulgate a standard for that category of source under Section 112 of the 17
federal Clean Air Act by the date established pursuant to Section 112(e)(1) or (3) of the 18
federal Clean Air Act. 19
20
History Note: Authority G.S. 143-215.3(a)(1); 143-212; 143-213; 21
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 22
becomes effective, whichever is sooner; 23
Eff. July 1, 1994; 24
Amended Eff. July 1, 1996; 25
Temporary Amendment Eff. December 1, 1999; 26
Amended Eff. January 1, 2007; July 1, 2000. 27
Readopted Eff. . 28
29
30
AGENDA ITEM 5
69 of 131
15A NCAC 02Q .0504 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0504 OPTION FOR OBTAINING CONSTRUCTION AND OPERATION PERMIT 3
(a) Pursuant to Rule .0501(c) or (d)(2) of this Section, 15A NCAC 02Q .0501(c)(2) or (d)(2), the owner or operator 4
of a new or modified facility subject to the requirements of this Section that chooses to obtain a construction and 5
operation permit before the facility must obtain a permit under this Section may file an application under Section 6
.0300 of this Subchapter. 7
(b) The applicant shall state in his permit application that he wishes to follow the procedures under this Rule. 8
(c) If the option allowed under Rule15A NCAC 02Q .0501(c)(1) of this Section is used, then the application 9
processing procedures for prevention of significant deterioration under 15A NCAC 2D .0530 and new source review 10
for nonattainment areas under 15A NCAC 2D .0531 do not apply. If the option allowed under Rule15A NCAC 02Q 11
.0501(c)(2) of this Section is used, then the application processing procedures in this Section and: 12
(1) under 15A NCAC 2D .0530 for prevention of significant deterioration, or 13
(2) under 15A NCAC 2D .0531 for new source review for nonattainment areas, shall apply.shall apply. 14
(d) If the procedures under Section .0300 of this Subchapter are followed, the permittee shall have one year from the 15
date of beginning operation of the facility or source to file an amended application following the procedures of this 16
Section. The Director shall place a condition in the construction and operation permit stating this requirement. 17
18
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 19
rule becomes effective, whichever is sooner; 20
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 21
Eff. July 1, 1994. 22
Readopted Eff. . 23
24
25
AGENDA ITEM 5
70 of 131
15A NCAC 02Q .0505 is proposed for readoption with no changes as follows: 1
2
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit, at a minimum, the following information with is application package, the application 4
package shall be returned: 5
(1) for new facilities and modified facilities: 6
(a) an application fee as required under Section .0200 of this Subchapter; 7
(b) a consistency determination as required under Rule .0507(d)(1) of this Section; 8
(c) the documentation required under Rule .0507(d)(2) of this Section; 9
(d) a financial qualification or substantial compliance statement if required; and 10
(e) applications as required under Rule .0507(a) and (e) of this Section and signed as required 11
by Rule .0520 of this Section; 12
(2) for renewals: applications as required under Rule .0507(a) and (e) of this Section and signed as 13
required by Rule .0520 of this Section; 14
(3) for a name change: three copies of a letter signed by the a responsible official in accordance with 15
Rule .0520 indicating the current facility name, the date on which the name change shall occur, and 16
the new facility name; 17
(4) for an ownership change: an application fee as required under Section .0200 of this Subchapter, 18
and: 19
(a) three copies of a letter sent by each the seller and the buyer indicating the change; or 20
(b) three copies of a letter sent by either bearing the signature of both the seller and buyer; and 21
containing a written agreement with a specific date for the transfer of permit responsibility, 22
coverage, and liability between the current and new permittee; and 23
(5) for corrections of typographical errors; changes 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: three copies of a letter signed by a responsible official in accordance with Rule .0520 of 26
this Section describing the proposed change and explaining the need for the proposed change. 27
28
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 29
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 30
becomes effective, whichever is sooner; 31
Eff. July 1, 1994; 32
Amended Eff. April 1, 2004. 33
Readopted Eff. . 34
35
36
AGENDA ITEM 5
71 of 131
15A NCAC 02Q .0507 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0507 APPLICATION 3
(a) Except for: 4
(1) minor permit modifications covered under Rule .0515 of this Section,15A NCAC 02Q .0515, 5
(2) significant modifications covered under Rule .0516(c) of this Section, 15A NCAC 02Q .0516(c), or 6
(3) permit applications submitted under Rule .0506 of this Section, 7
(3) renewals submitted under 15A NCAC 02Q .0513. 8
the owner or operator of a source shall have one year from the date of beginning of operation of the source to file a 9
complete application for a permit or permit revision. However, the owner or operator of the source shall not begin 10
construction or operation until he has obtained a construction and operation permit pursuant to Rule15A NCAC 02Q 11
.0501(c) or (d) and Rule .0504 of this Section. 15A NCAC 02Q .0504. 12
(b) The 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
The application form shall be certified by a responsible official for truth, accuracy, and completeness. In the 15
application submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 16
Section .0400 of this Subchapter or 15A NCAC 02D .0530 or .0531, provided the information in those applications 17
contains information required in this Section and is current, valid, and complete. 18
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with Rule .0104 of this 19
Subchapter on forms of the Division and shall include plans and specifications giving all necessary data and 20
information as required by this Rule. Whenever the information provided on these forms does not describe the source 21
or its air pollution abatement equipment to the extent necessary to evaluate the application, the Director may request 22
that the applicant provide any other information that the Director considers necessary to evaluate the source and its 23
air pollution abatement equipment. 24
(d) Along with filing a complete application form, application, the applicant shall also file the following: 25
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance 26
with G.S. 143-215.108(f) that: 27
(A) bears the date of receipt entered by the clerk of the local government, or 28
(B) consists of a letter from the local government indicating that all zoning or subdivision 29
ordinances are met by the facility; 30
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and 31
proof of publication of a legal notice as required under Rule .0113 of this Subchapter; and 32
(3) if required by the Director, information showing that: 33
(A) the applicant is financially qualified to carry out the permitted activities, or 34
(B) the applicant has substantially complied with the air quality and emissions standards 35
applicable to any activity in which the applicant has previously been engaged, and has been 36
in substantial compliance with federal and state environmental laws and rules. 37
AGENDA ITEM 5
72 of 131
(e) The applicant shall submit copies of the application package as follows: 1
(1) for sources subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, sixfive copies 2
plus one additional copy for each affected state that the Director has to notify pursuant to Rules15A 3
NCAC 02Q .0521 and .0522 of this Section; 15A NCAC 02Q .0522; 4
(2) for sources not subject to the requirements of 15A NCAC 02D .0530, .0531, or .1200, fourthree 5
copies plus one additional copy for each affected state that the Director has to notify pursuant to 6
Rules15A NCAC 02Q .0521 and .0522 of this Section. 15A NCAC 02Q .0522. 7
The Director may at any time during the application process request additional copies of the complete application 8
package from the applicant. 9
(f) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit 10
application shall, upon becoming aware of such failure or incorrect submittal, submit, as soon as possible, such 11
supplementary facts or corrected information. In addition, an applicant shall provide additional information as 12
necessary to address any requirements that become applicable to the source after the date he filed a complete 13
application but prior to release of a draft permit. 14
(g) The applicant shall submit the same number of copies of additional information as required for the application 15
package. 16
(h) The submittal of a complete permit application shall not affect the requirement that any facility have a 17
preconstruction permit under 15A NCAC 02D .0530, .0531, or .0532 or under Section .0400 of this Subchapter. 18
(i) The Director shall give priority to permit applications containing early reduction demonstrations under Section 19
112(i)(5) of the federal Clean Air Act. The Director shall take final action on such permit applications as soon as 20
practicable after receipt of the complete permit application. 21
(j) With the exceptions specified in Rule .0203(i) of this Subchapter, a non-refundable permit application processing 22
fee shall accompany each application. The permit application processing fees are defined in Section .0200 of this 23
Subchapter. Each permit or renewal application is incomplete until the permit application processing fee is received. 24
(k) The applicant shall retain for the duration of the permit term one complete copy of the application package and 25
any information submitted in support of the application package. 26
27
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 28
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 29
becomes effective, whichever is sooner; 30
Eff. July 1, 1994; 31
Amended Eff. July 1, 1997; July 1, 1996; February 1, 1995; 32
Temporary Amendment Eff. December 1, 1999; 33
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000. 34
Readopted Eff. . 35
36
37
AGENDA ITEM 5
73 of 131
15A NCAC 02Q .0508 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0508 PERMIT CONTENT 3
(a) The permit shall specify and reference the origin and authority for each term or condition and shall identify any 4
differences in form as compared to the applicable requirement on which the term or condition is based. 5
(b) The permit shall specify emission limitations and standards, including operational requirements and limitations, 6
that assure compliance with all applicable requirements at the time of permit issuance. 7
(c) Where an applicable requirement of the federal Clean Air Act is more stringent than an applicable requirement of 8
rules promulgated pursuant to Title IV, both provisions shall be placed in the permit. The permit shall state that both 9
provisions are enforceable by EPA. 10
(d) The permit for sources using an alternative emission limit established under 15A NCAC 02D .0501 (d) or 15A 11
NCAC 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 contained in the permit shall be for a fixed term of five years for sources covered under Title 14
IV and for a term of no more than five years from the date of issuance for all other sources including solid waste 15
incineration units combusting municipal waste subject to standards under Section 129(e) of the federal Clean Air Act. 16
(f) The 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 any required monitoring at least every six months. The permittee 19
shall submit reports: 20
(A) on forms obtained from the Division at the address in Rule .0104 of this Subchapter, 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; and 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. 27
(B) deviations quarterly from permit requirements not covered under 15A NCAC 02D .0524, 28
.0535, .1110, or .1111. The permittee shall include the probable cause of such deviation 29
and any corrective actions or preventive measures taken. 30
(3) The responsible official to certify all deviations from permit requirements. 31
(g) At the request of the permittee, the Director may allow records to be maintained in computerized form in lieu of 32
maintaining paper records if computerized records contain the same information as the paper records would contain. 33
(h) The permit for facilities covered under 15A NCAC 02D .2100, Risk Management Program, shall contain: 34
(1) a statement listing 15A NCAC 02D .2100 as an applicable requirement; 35
(2) conditions that require the owner or operator of the facility to submit: 36
AGENDA ITEM 5
74 of 131
(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 under Paragraph (t)(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 itself be incorporated as a permit term or condition. 6
(i) The permit shall: 7
(1) contain a condition prohibiting emissions exceeding any allowances that a facility lawfully holds 8
under Title IV; but shall not limit the number of allowances held by a permittee, but the permittee 9
may 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 is grounds for enforcement action; for 13
permit termination, revocation and reissuance, or modification; or for denial of a permit renewal 14
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 Rule15A NCAC 02Q .0517 or .0519 of this Section; 20
(6) state that the filing of a request by the permittee for a permit revision, revocation and reissuance, or 21
termination, notification of planned changes, or anticipated noncompliance does not stay any permit 22
condition; 23
(7) specify the conditions under which the permit shall 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 shall furnish to the Division, in a timely manner: 26
(A) any reasonable information that the Director may request in writing to determine whether 27
cause exists for modifying, revoking and reissuing, or terminating the permit or to 28
determine 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
(For information claimed to be confidential, the permittee may furnish such records directly to EPA 32
along with a claim of confidentiality.) 33
(10) contain a provision to ensure that the permittee pays fees required under Section .0200 of this 34
Subchapter; 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 Rule .0523 of this Section; 15A NCAC 02Q .0523; 37
AGENDA ITEM 5
75 of 131
(12) include all applicable requirements for all sources covered under the permit; 1
(13) include fugitive emissions, if regulated, in the same manner as stack emissions; 2
(14) contain a condition requiring annual reporting of actual emissions as required under Rule .0207 of 3
this Subchapter; 15A NCAC 02Q 0207; 4
(15) include all sources including insignificant activities; and 5
(16) contain other provisions the Director considers appropriate. 6
(j) The 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 under which it 10
is operating; 11
(2) extend the permit shield described in Rule15A NCAC 02Q .0512 of this Section to all terms and 12
conditions under each such 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) The permit shall identify which terms and conditions are enforceable by: 16
(1) both EPA and the Division; 17
(2) the Division only; 18
(3) EPA only; and 19
(4) citizens under the federal Clean Air Act. 20
(l) The permit shall state that the permittee shall allow personnel of the Division to: 21
(1) enter the permittee's premises where the permitted facility is located or emissions-related activity is 22
conducted, or where records are kept under the conditions of the permit; 23
(2) have access to and copy, at reasonable times, any records that are required to be kept under the 24
conditions of the permit; 25
(3) inspect at reasonable times and using reasonable safety practices any source, equipment (including 26
monitoring and air pollution control equipment), practices, or operations regulated or required under 27
the permit; and 28
(4) sample or monitor substances or parameters, using reasonable safety practices, for the purpose of 29
assuring compliance with the permit or applicable requirements at reasonable times. 30
(m) When a compliance schedule is required under 40 CFR 70.5(c)(8) or under a rule contained in Subchapter 02D 31
of this Chapter, the permit shall contain the compliance schedule and shall state that the permittee shall submit at least 32
semiannually, or more frequently if specified in the applicable requirement, a progress report. The progress report 33
shall contain: 34
(1) dates for achieving the activities, milestones, or compliance required in the compliance schedule, 35
and dates when such activities, milestones, or compliance were achieved; and 36
AGENDA ITEM 5
76 of 131
(2) an explanation of why any dates in the compliance schedule were not or will not be met, and any 1
preventive or corrective measures adopted. 2
(n) The permit shall contain requirements for compliance certification with the terms and conditions in the permit 3
that are enforceable by EPA under Title V of the federal Clean Air Act , including emissions limitations, standards, 4
or work practices. The permit shall specify: 5
(1) the frequency (not less than annually or more frequently as specified in the applicable requirements) 6
of submissions of compliance certifications; 7
(2) a means for monitoring the compliance of the source with its emissions limitations, standards, and 8
work practices; and 9
(3) a requirement that the compliance certification include: 10
(A) the identification of each term or condition of the permit that is the basis of the certification; 11
(B) the status of compliance with the terms and conditions of the permit for the period covered 12
by the certification, based on the methods or means designated in 40 CFR 13
70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account in 14
the compliance certification. The certification shall also identify as possible exceptions to 15
compliance any periods during which compliance is required and in which an excursion or 16
exceedance as defined under 40 CFR 64 occurred; 17
(C) whether compliance was continuous or intermittent; 18
(D) the identification of the method(s) or other means used by the owner and operator for 19
determining the compliance status with each term and condition during the certification 20
period; these methods shall include the methods and means required under 40 CFR Part 21
70.6(a)(3); and 22
(E) such other facts as the Director may require to determine the compliance status of the 23
source; 24
(4) that all compliance certifications be submitted to EPA as well as to the Division. 25
26
History Note: Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108; 27
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, 28
whichever is sooner; 29
Eff. July 1, 1994; 30
Amended Eff. July 1, 1996; 31
Temporary Amendment Eff. December 1, 1999; 32
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; 33
July 1, 2000. 34
Readopted Eff. . 35
36
37
AGENDA ITEM 5
77 of 131
15A NCAC 02Q .0509 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0509 PERMITTING OF NUMEROUS SIMILAR FACILITIES 3
(a) The Director may issue, after notice and opportunity for public participation provided in Rule .0521 of this Section, 4
15A NCAC 02Q .0521, a permit to cover numerous similar facilities or sources. 5
(b) The Director shall not issue a permit under this Rule unless the following conditions are met: 6
(1) There is no unique difference that would require special permit conditions for any individual facility; 7
and 8
(2) No unique analysis is required for any facility covered under the permit. 9
(c) A permit issued under this Rule shall comply with all the requirements of this Section. 10
(d) A permit issued under this Rule shall identify criteria by which facilities or sources may qualify for the permit. 11
To facilities or sources that qualify, the Director shall grant the terms and conditions of the permit. 12
(e) The facility or source shall be subject to enforcement action for operating without a permit if the facility or source 13
is later determined not to qualify for the terms and conditions of the permit issued under this Rule. 14
(f) Sources subject to Title IV shall not be eligible for a permit issued under this Rule. 15
(g) The owner or operator of a facility or source that qualifies for a permit issued under this Rule shall apply for 16
coverage under the terms of the permit issued under this Rule or shall apply for a regular permit under this Section. 17
(h) The Division need not repeat the public participation procedures required under Rule15A NCAC 02Q .0521 of 18
this Section when it grants a request by a permit applicant to operate under a permit issued under this Rule. 19
20
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 21
rule becomes effective, whichever is sooner; 22
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 23
Eff. July 1, 1994. 24
Readopted Eff. . 25
26
27
28
29
AGENDA ITEM 5
78 of 131
15A NCAC 02Q .0510 is proposed for readoption with no changes as follows: 1
2
15A NCAC 02Q .0510 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES 3
(a) The Director may issue a single permit authorizing emissions from similar operations by the same facility owner 4
or operator at multiple temporary sites. 5
(b) In order for a facility to qualify for a permit for multiple temporary site under this Rule, the operation must involve 6
at least one change of site during the term of the permit. 7
(c) Sources subject to Title IV shall not be eligible for a permit under this Section. 8
(d) Permits for facilities at multiple temporary sites shall include: 9
(1) identification of each site; 10
(2) conditions that will assure compliance with all applicable requirements at all authorized locations; 11
(3) requirements that the permittee notify the Division at least 10 days in advance of each change of 12
location; and 13
(4) conditions that assure compliance with all other provisions of this Section. 14
15
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 16
rule becomes effective, whichever is sooner; 17
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 18
Eff. July 1, 1994. 19
Readopted Eff. . 20
21
22
23
24
AGENDA ITEM 5
79 of 131
15A NCAC 02Q .0512 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0512 PERMIT SHIELD AND APPLICATION SHIELD 3
(a) Permit Shield: 4
(1) The Director shall place in a permit issued under this Section a permit term or condition (a permit 5
shield) stating that compliance with the conditions of the permit shall be deemed compliance with 6
applicable requirements specifically identified in the permit in effect as of the date of permit 7
issuance, provided that: 8
(A) Such applicable requirements are included and are specifically identified in the permit; or 9
(B) The Director, in acting on the permit application or revision, determines in writing that 10
other requirements specifically identified are not applicable to the source, and the permit 11
includes the determination or a concise summary thereof. 12
(2) A permit that does not expressly state that a permit shield exists shall be presumed not to provide 13
such a shield. 14
(3) A permit shield shall not alter or affect: 15
(A) the power of the Commission, Secretary of the Department, or Governor under G.S. 16
143-215.3(a)(12) or EPA under Section 303 of the federal Clean Air Act; 17
(B) the liability of an owner or operator of a facility for any violation of applicable 18
requirements prior to the effective date of the permit or at the time of permit issuance; 19
(C) the applicable requirements under Title IV; or 20
(D) the ability of the Director (or EPA under Section 114 of the federal Clean Air Act) to obtain 21
information to determine compliance of the facility with its permit, this Section, or 22
Subchapter 2D of this Chapter. 23
(4) A permit shield shall not apply to any change made at a facility that does not require a permit 24
revision. 25
(5) A permit shield shall not extend to minor permit modifications made under Rule .0515 of this 26
Section. 15A NCAC 02Q .0515. 27
(b) Application Shield. 28
(1) Except as provided in Subparagraph (b)(2) of this Rule, if the applicant submits a timely and 29
complete application for permit issuance (including for renewal), the facility's failure to have a 30
permit under this Section shall not be a violation: 31
(A) unless the delay in final action is due to the failure of the applicant's timely submission of 32
information as required or requested by the Director, or 33
(B) until the Director takes final action on the permit application. 34
(2) Subparagraph (b)(1) of this Rule shall cease to apply if, subsequent to the completeness 35
determination made under Rule .0507 of this Section, 15A NCAC 02Q .0507, the applicant fails to 36
AGENDA ITEM 5
80 of 131
submit by the deadline specified in writing by the Director, any additional information identified as 1
being needed to process the application. 2
3
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 4
rule becomes effective, whichever is sooner; 5
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 6
Eff. July 1, 1994; 7
Amended Eff. July 1, 1997. 8
Readopted Eff. . 9
10
11
12
13
AGENDA ITEM 5
81 of 131
15A NCAC 02Q .0513 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0513 PERMIT RENEWAL AND EXPIRATION 3
(a) Permits being renewed are subject to the procedural requirements of this Section, including those for public 4
participation and affected State and EPA review. 5
(b) Permit expiration terminates the facility's right to operate unless a complete renewal application has been 6
submitted at least nine six months before the date of permit expiration. 7
(c) If the permittee or applicant has complied with Rule .0512(b)(1) of this Section, 15A NCAC 02Q .0512(b)(1), the 8
existing permit shall not expire until the renewal permit has been issued or denied. All terms and conditions of the 9
existing permit shall remain in effect until the renewal permit has been issued or denied. 10
11
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 12
rule becomes effective, whichever is sooner; 13
Authority 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 14
Eff. July 1, 1994. 15
Readopted Eff. . 16
17
18
19
20
AGENDA ITEM 5
82 of 131
15A NCAC 02Q .0514 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0514 ADMINISTRATIVE PERMIT AMENDMENTS 3
(a) An "administrative permit amendment" means a permit revision that: 4
(1) corrects typographical errors; 5
(2) identifies a change in the name, address or telephone number of any individual identified in the 6
permit, or provides a similar minor administrative change at the facility; 7
(3) requires more frequent monitoring or reporting by the permittee; 8
(4) changes test dates or construction dates provided that no applicable requirements are violated by the 9
change in test dates or construction dates; 10
(5) moves terms and conditions from the State-enforceable only portion of a permit to the 11
State-and-federal- enforceable portion of the permit provided that terms and conditions being moved 12
have become federally enforceable through Section 110, 111, or 112 or other parts of the federal 13
Clean Air Act; 14
(6) moves terms and conditions from the federal-enforceable only portion of a permit to the 15
State-and-federal-enforceable portion of the permit; or 16
(7) changes the permit number without changing any portion of the permit that is federally enforceable 17
that would not otherwise qualify as an administrative amendment. 18
(8) removes non-applicable permit conditions; or 19
(9) removes equipment that has been permanently removed from service. 20
(b) In making administrative permit amendments, the Director: 21
(1) shall take final action on a request for an administrative permit amendment within 60 days after 22
receiving such request, 23
(2) may make administrative amendments without providing notice to the public or any affected State(s) 24
provided he designates any such permit revision as having been made pursuant to this Rule, and 25
(3) shall submit a copy of the revised permit to EPA. 26
(c) The permittee may implement the changes addressed in the request for an administrative amendment immediately 27
upon submittal of the request. 28
(d) Upon taking final action granting a request for an administrative permit amendment, the Director shall allow 29
coverage by the permit shield under Rule15A NCAC 02Q .0512 of this Section for the administrative permit 30
amendments made. 31
(e) Administrative amendments for sources covered under Title IV shall be governed by rules in Section .0400 of this 32
Subchapter. 33
(f) This Rule shall not be used to make changes to the state-enforceable only part of a Title V permit. For the state-34
enforceable only part of a Title V permit, Rule .0316 of this Subchapter shall be used for administrative permit 35
amendments. 36
37
AGENDA ITEM 5
83 of 131
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 1
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 2
becomes effective, whichever is sooner; 3
Eff. July 1, 1994; 4
Amended Eff. January 1, 2007; July 1, 1997. 5
Readopted Eff. . 6
7
8
AGENDA ITEM 5
84 of 131
15A NCAC 02Q .0515 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0515 MINOR PERMIT MODIFICATIONS 3
(a) The procedures set out in this Rule may be used for permit modifications when the modifications: 4
(1) do not violate any applicable requirement; 5
(2) do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements 6
in the permit; 7
(3) do not require or change a case-by-case determination of an emission limitation or other standard, 8
or a source-specific determination for temporary sources of ambient impacts, or a visibility or 9
increment analysis; 10
(4) do not seek to establish or change a permit term or condition for which there is no corresponding 11
underlying applicable requirement and that the facility has assumed to avoid an applicable 12
requirement to which the facility would otherwise be subject. Such terms and conditions include: 13
(A) a federally enforceable emissions cap assumed to avoid an applicable requirement under 14
any provision of Title I of the federal Clean Air Act; or 15
(B) an alternative emissions limit approved as part of an early reduction plan submitted 16
pursuant to Section 112(i)(5) of the federal Clean Air Act; 17
(5) are not modifications under any provision of Title I of the federal Clean Air Act; and 18
(6) are not required to be processed as a significant modification under Rule .0516 of this Section. 15A 19
NCAC 02Q .0516. 20
(b) In addition to the items required under Rule .0505 of this Section, an application requesting the use of the 21
procedures set out in this Rule shall include: 22
(1) an application form including: 23
(A) a description of the change, 24
(B) the emissions resulting from the change, and 25
(C) identification of any new applicable requirements that will apply if the change occurs; 26
(2) a list of the facility's other pending applications awaiting group processing and a determination of 27
whether the requested modification, aggregated with these other applications, equals or exceeds the 28
thresholds set out under Subparagraphs (c)(1) through (3) of this Rule; 29
(3) the applicant's suggested draft permit; 30
(4) certification by a responsible official that the proposed modification meets the criteria for using the 31
procedures set out in this Rule and a request that these procedures be used; and 32
(5) complete information for the Director to use to notify EPA and affected States. 33
(c) The Director shall use group processing for minor permit modifications processed under this Rule. The Director 34
shall notify EPA and affected States of the requested permit revisions under this Rule and shall provide the information 35
specified in Rule .0522 of this Section on a quarterly basis. If the aggregated emissions from all pending minor permit 36
modifications equal or exceed: 37
AGENDA ITEM 5
85 of 131
(1) 10 percent of the emissions allowed for the source for which the change is requested, 1
(2) 20 percent of the applicable definition of major facility, or 2
(3) five tons per year, 3
then the Director shall notify EPA and affected States within five business days of the requested permit revision under 4
this Rule and provide the information specified in Rule .0522 of this Section.15A NCAC 02Q .0522. 5
(d) Within 90 days after receiving a complete application that causes the thresholds in Subparagraphs (c)(1), (2), or 6
(3) of this Rule to be exceeded or 15 days after the end of EPA's 45-day review period, whichever is later, the Director 7
shall: 8
(1) issue the permit modification as proposed; 9
(2) deny the permit modification application; 10
(3) determine that the requested modification does not qualify for the procedures set out in this Rule 11
and should therefore, be processed under Rule .0516 of this Section; 12
(4) revise the draft permit modification and transmit the proposed permit to EPA. 13
(e) If the thresholds in Subparagraphs (c)(1), (2), and (3) of this Rule are not exceeded, the Director shall, within 180 14
days after receiving a completed application for a permit modification or 15 days after the end of EPA's 45-day review 15
period, whichever is later: 16
(1) issue the permit modification as proposed; 17
(2) deny the permit modification application; 18
(3) determine that the requested modification does not qualify for the procedures set out in this Rule 19
and should therefore, be processed under Rule .0516 of this Section; 15A NCAC 02Q .0516; 20
(4) revise the draft permit modification and transmit the proposed permit to EPA. 21
(f) The permit applicant may make the change proposed in his minor permit modification application immediately 22
after filing the completed application with the Division. After the applicant makes the change, the facility shall comply 23
with both the applicable requirements governing the change and the proposed permit terms and conditions until the 24
Director takes one of the final actions specified in Paragraph (d)(1) through (d)(4)(c) of this Rule. Between the filing 25
of the permit modification application and the Director's final action, the facility need not comply with the existing 26
permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms 27
and conditions during this time period, the Director may enforce the terms and conditions of the existing permit that 28
the applicant seeks to modify. 29
(g) The permit shield allowed under Rule15A NCAC 02Q .0512 of this Section shall not extend to minor permit 30
modifications. 31
(h) If the State-enforceable only portion of the permit is revised, the procedures in Section .0300 of this Subchapter 32
shall be followed. 33
(i) The proceedings shall affect only those parts of the permit related to the modification. 34
35
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 36
rule becomes effective, whichever is sooner; 37
AGENDA ITEM 5
86 of 131
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 1
Eff. July 1, 1994; 2
Amended Eff. July 1, 1997. 3
Readopted Eff. . 4
5
6
AGENDA ITEM 5
87 of 131
15A NCAC 02Q .0516 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0516 SIGNIFICANT PERMIT MODIFICATION 3
(a) The procedures set out in this Rule shall be used for applications requesting permit modifications under this Rule 4
or permit modifications that do not qualify for Rule15A NCAC 02Q .0514, .0515, .0523, or .0524 of this Section. 5
.0524. 6
(b) Significant modifications include modifications that: 7
(1) involve a significant change in existing monitoring permit terms or conditions or relax any reporting 8
or recordkeeping permit terms or conditions; 9
(2) require or change a case-by-case determination of an emissions limitation or other standard, or a 10
source-specific determination for temporary sources of ambient impacts, or a visibility or increment 11
analysis; 12
(3) seek to establish or change a permit term or condition for which there is no corresponding underlying 13
applicable requirement and that the facility has assumed to avoid an applicable requirement to which 14
the facility would otherwise be subject; or 15
(4) are modifications under any provision of 15A NCAC 2D or 2Q or Title I of the federal Clean Air 16
Act not processed under Rule .0514, .0515, .0523, or .0524 of this Section. 17
(c)(b) An application for a significant permit modification that would contravene or conflict with the existing permit 18
shall be processed following the procedure set out in Rule .0501(d) of this Section. 15A NCAC 02Q .0501(d). 19
(d)(c) An application for a significant permit modification that does not contravene or conflict with the existing permit 20
shall be processed following the procedure set out in Rule .0501(c) of this Section. 15A NCAC 02Q .0501(d). 21
(e)(d) This Rule shall not preclude the permittee from making changes consistent with this Section that would render 22
existing permit compliance terms and conditions irrelevant. 23
(f)(e) Except for the State-enforceable only portion of the permit, the procedures set out in Rule15A NCAC 02Q .0507, 24
.0521, or .0522 of this Section shall be followed to revise a permit under this Rule. If the State-enforceable only 25
portion of the permit is revised, the procedures in Section .0300 of this Subchapter shall be followed. The proceedings 26
shall affect only those parts of the permit related to the significant modification. 27
(h)(f) Significant permit modifications shall be covered under the permit shield in accordance with Rule .0512 of this 28
Section. 15A NCAC 02Q .0512. 29
30
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 31
rule becomes effective, whichever is sooner; 32
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 33
Eff. July 1, 1994. 34
Readopted Eff. . 35
36
AGENDA ITEM 5
88 of 131
15A NCAC 02Q .0517 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0517 REOPENING FOR CAUSE 3
(a) A permit shall be reopened and revised under the following circumstances: 4
(1) Additional applicable requirements become applicable to a facility with remaining permit term of 5
three or more years; 6
(2) Additional requirements (including excess emissions requirements) become applicable to a source 7
covered by Title IV (Upon approval by EPA, excess emissions offset plans shall be deemed to be 8
incorporated into the permit.); 9
(3) The Director or EPA finds that the permit contains a material mistake or that inaccurate statements 10
were made in establishing the emissions standards or other terms or conditions of the permit; or 11
(4) The Director or EPA determines that the permit must be revised or revoked to assure compliance 12
with the applicable requirements. 13
(b) Any permit reopening under Subparagraph (a)(1) of this Rule shall be completed or a revised permit issued within 14
18 months after the applicable requirement is promulgated. No reopening is required if the effective date of the 15
requirement is after the expiration of the permit term unless the term of the permit was extended pursuant to Rule 16
.0513(c) of this Section. 15A NCAC 02Q .0513(c). 17
(c) Except for the State-enforceable only portion of the permit, the procedures set out in Rule15A NCAC 02Q .0507, 18
15A NCAC 02Q .0521, or15A NCAC 02Q .0522 of this Section shall be followed to reissue a permit that has been 19
reopened under this Rule. If the State-enforceable only portion of the permit is reopened, the procedures in Section 20
.0300 of this Subchapter shall be followed. The proceedings shall affect only those parts of the permit for which cause 21
to reopen exists. 22
(d) The Director shall notify the permittee at least 60 days in advance of the date that the permit is to be reopened, 23
except in cases of imminent threat to public health or safety the Director may notify the permittee less than 60 days 24
before reopening the permit. The notice shall explain why the permit is being reopened. 25
(e) Within 90 days, or 180 days if EPA extends the response period, after receiving notification from EPA that it finds 26
that a permit needs to be terminated, modified, or revoked and reissued, the Director shall send to EPA a proposed 27
determination of termination, modification, or revocation and reissuance, as appropriate. 28
29
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 30
rule becomes effective, whichever is sooner; 31
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 32
Eff. July 1, 1994; 33
Amended Eff. July 1, 1997. 34
Readopted Eff. . 35
36
37
AGENDA ITEM 5
89 of 131
15A NCAC 02Q .0518 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0518 FINAL ACTION 3
(a) The Director may: 4
(1) issue a permit, permit revision, or a renewal containing the conditions necessary to carry out the 5
purposes of G.S. 143, Article 21B and the federal Clean Air Act; 6
(2) rescind a permit upon request by the permittee; or 7
(3) deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B and the 8
federal Clean Air Act. 9
(b) The Director may not issue a final permit or permit revision, except administrative permit amendments covered 10
under Rule .0514 of this Section, 15A NCAC 02Q .0514, until EPA's 45-day review period has expired or until EPA 11
has notified the Director that EPA will not object to issuance of the permit or permit revision, whichever occurs first. 12
The Director shall issue the permit or permit revision within five days of receipt of notification from EPA that it will 13
not object to issuance or of the expiration of EPA's 45-day review period, whichever occurs first. 14
(c) If EPA objects to a proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of 15
EPA's objection. The Director shall not issue a permit under this Section over EPA's objection. 16
(d) If EPA does not object in writing to the issuance of a permit, any person may petition EPA to make such objections 17
by following the procedures and meeting the requirements under 40 CFR 70.8(d). 18
(e) No permit shall be issued, revised, or renewed under this Section unless all the procedures set out in this Section 19
have been followed and all the requirements of this Section have been met. Default issuance of a permit, permit 20
revision, or permit renewal by the Director is prohibited. 21
(f) Thirty days after issuing a permit, including a permit issued pursuant to Rule .0509 of this Section, 15A NCAC 22
02Q .0509, that is not challenged by the applicant, the Director shall notice the issuance of the final permit. The notice 23
shall be issued on the North Carolina Division of Air Quality web site at http://www.ncair.org/permits/. 24
http://deq.nc.gov/about/divisions/air-quality.The notice shall include the name and address of the facility and permit 25
number. 26
27
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 28
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 29
becomes effective, whichever is sooner; 30
Eff. July 1, 1994; 31
Amended Eff. January 1, 2010; February 1, 1995. 32
Readopted Eff. . 33
34
35
AGENDA ITEM 5
90 of 131
15A NCAC 02Q .0519 is proposed for readoption with no changes as follows: 1
2
15A NCAC 02Q .0519 TERMINATION, MODIFICATION, REVOCATION OF PERMITS 3
(a) The Director may terminate, modify, or revoke and reissue a permit issued under this Section if: 4
(1) The information contained in the application or presented in support thereof is determined to be 5
incorrect; 6
(2) The conditions under which the permit or permit renewal was granted have changed; 7
(3) Violations of conditions contained in the permit have occurred; 8
(4) The permit holder fails to pay fees required under Section .0200 of this Subchapter within 30 days 9
after being billed; 10
(5) The permittee refuses to allow the Director or his authorized representative upon presentation of 11
credentials: 12
(A) to enter, at reasonable times and using reasonable safety practices, the permittee's premises 13
in which a source of emissions is located or in which any records are required to be kept 14
under terms and conditions of the permit; 15
(B) to have access, at reasonable times, to any copy or records required to be kept under terms 16
and conditions of the permit; 17
(C) to inspect, at reasonable times and using reasonable safety practices, any source of 18
emissions, control equipment, and any monitoring equipment or method required in the 19
permit; or 20
(D) to sample, at reasonable times and using reasonable safety practices, any emission source 21
at the facility; 22
(6) EPA requests that the permit be revoked under 40 CFR 70.7(g) or 70.8(d); or 23
(7) The Director finds that termination, modification or revocation and reissuance of a permit is 24
necessary to carry out the purpose of G.S. 143, Article 21B. 25
(b) To operate a facility or source after its permit has been revoked is a violation of this Section and G.S. 143-215.108. 26
27
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 28
rule becomes effective, whichever is sooner; 29
Authority G.S. 143-215.3(a)(1),(1a),(1b); 143-215.107(a)(10); 143-215.108; 30
Eff. July 1, 1994. 31
Readopted Eff. . 32
33
34
35
36
AGENDA ITEM 5
91 of 131
15A NCAC 02Q .0520 is proposed for readoption with no changes as follows: 1
2
15A NCAC 02Q .0520 CERTIFICATION BY RESPONSIBLE OFFICIAL 3
(a) A responsible official shall certify the truth, accuracy, and completeness of any application form, report, or 4
compliance certification required under this Section or by a term or condition in a permit issued under this Section. 5
(b) This certification shall state that, based on information and belief formed after reasonable inquiry, the statement 6
and information in the document are true, accurate, and complete. 7
8
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 9
rule becomes effective, whichever is sooner; 10
Authority G.S. 143-215.3(a)(1),(2); 143-215.107(a)(10); 143-215.108; 11
Eff. July 1, 1994. 12
Readopted Eff. . 13
14
15
16
17
AGENDA ITEM 5
92 of 131
15A NCAC 02Q .0521 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0521 PUBLIC PARTICIPATION 3
(a) The Director shall give public notice with an opportunity for comments and a hearing on all draft permits and 4
permit revisions except permit revisions issued under Rules15A NCAC 02Q .0514, 15A NCAC 02Q .0515, .0524 of 5
this Section.and 15A NCAC 02Q .0524. The Director shall give public notice with an opportunity for comments and 6
a hearing on draft permit revisions issued under Rule15A NCAC 02Q .0514, 15A NCAC 02Q .0515, and 15A NCAC 7
02Q .0524 of this Section if the Director finds it is in the best interest of the public. 8
(b) The notice of any draft permit for an existing facility for which a public hearing is scheduled, or new facility, shall 9
be given by publication in a newspaper of general circulation in the area where the facility is located, posted on the 10
North Carolina Division of Air Quality web site at http://www.ncair.org/permits/, 11
http://deq.nc.gov/about/divisions/air-quality, and emailed to persons who are on the Division's emailing list for air 12
quality permits. 13
(c) The notice for existing facilities for which a public hearing is not scheduled shall be given by posting the draft 14
permit on the North Carolina Division of Air Quality web site,site at http://deq.nc.gov/about/divisions/air-quality, and 15
shall be emailed to persons who are on the Division's emailing list for air quality permit notices. 16
(d) The notice shall identify: 17
(1) the affected facility; 18
(2) the name and address of the permittee; 19
(3) the name and address of the person to whom to send comments and requests for public hearing; 20
(4) the name, address, and telephone number of Divisional staff from whom interested persons may 21
obtain additional information, including copies of the permit draft, the application, compliance plan, 22
monitoring and compliance reports, all other relevant supporting materials, and all other materials 23
available to Division that are relevant to the permit decision; 24
(5) the activity or activities involved in the permit action; 25
(6) any emissions change involved in any permit modification; 26
(7) a brief description of the comment procedures; 27
(8) the procedures to follow to request a hearing unless a hearing has already been scheduled; and 28
(9) the time and place of any hearing that has already been scheduled. 29
(e) The Director shall send a copy of the notice to affected States and EPA. 30
(f) The notice shall allow 30 days for public comments. 31
(g) If the Director finds that a public hearing is in the best interest of the public, the Director shall require a public 32
hearing to be held on a draft permit. Notice of a public hearing shall be given at least 30 days before the hearing. 33
(h) If EPA requests a record of the comments and of the issues raised during the public participation process, the 34
Director shall provide EPA this record. 35
(i) Persons who desire to be placed on the Division's email notification list for air quality permit notices shall subscribe 36
to the permits email list serve at http://www.ncair.org/permits/.http://deq.nc.gov/about/divisions/air-quality. 37
AGENDA ITEM 5
93 of 131
History Note: Authority G.S. 143-215.3(a)(1),(3); 143-215.107(a)(10); 143-215.108; 143-215.111(4); 1
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 2
becomes effective, whichever is sooner; 3
Eff. July 1, 1994; 4
Amended Eff. January 1, 2010; July 1, 1998. 5
Readopted Eff. . 6
7
8
AGENDA ITEM 5
94 of 131
15A NCAC 02Q .0522 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0522 REVIEW BY EPA AND AFFECTED STATES 3
(a) The Director shall provide EPA a copy of each permit application, including any application for permit revision, 4
each proposed permit, and each final permit issued under this Section. If EPA has informed the Director that a permit 5
application summary and relevant portion of the permit application and compliance plan are all it needs, the Director 6
may provide this abridgement in place of the complete application. 7
(b) The Division shall retain for five years a copy of all permit applications, permits, and other related material 8
submitted to or issued by the Division under this Section. 9
(c) The Director shall provide notice to each affected State of each draft permit at or before the time notice is provided 10
to the public under Rule .0521 of this Section. 15A NCAC 02Q .0521. 11
(d) The Director, in writing, shall notify EPA and any affected State of any refusal by the Division to accept all 12
recommendations for the proposed permit that the affected State submitted during the public or affected State review 13
period and shall state the reasons for not accepting any such recommendations. 14
15
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 16
rule becomes effective, whichever is sooner; 17
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 143-215.111(5); 18
Eff. July 1, 1994. 19
Readopted Eff. . 20
21
22
23
24
AGENDA ITEM 5
95 of 131
15A NCAC 02Q .0523 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0523 CHANGES NOT REQUIRING PERMIT REVISIONS 3
(a) Section 502(b)(10) changes: 4
(1) The permittee may make Section 502(b)(10) changes without having his permit revised if: 5
(A) The changes are not a modification under 15A NCAC 02D or Title I of the federal Clean 6
Air Act; 7
(B) The changes do not cause the emissions allowed under the permit to be exceeded; 8
(C) The permittee notifies the Director and EPA with written notification at least seven days 9
before the change is made; and 10
(D) The permittee attaches the notice to the relevant permit. 11
(2) The written notification required under Part (a)(1)(C) of this Rule shall include: 12
(A) a description of the change, 13
(B) the date on which the change will occur, 14
(C) any change in emissions, and 15
(D) any permit term or conditions that is no longer applicable as a result of the change. 16
(3) Section 502(b)(10) changes shall be made in the permit the next time that the permit is revised or 17
renewed, whichever comes first. 18
(b) Off-permit changes. A permittee may make changes in his operation or emissions without revising his permit if: 19
(1) The change affects only insignificant activities and the activities remain insignificant after the 20
change, or 21
(2) The change is not covered under any applicable requirement. 22
(3) The changes are consistent with this Section and would render existing permit compliance terms 23
and conditions irrelevant. 24
(c) Emissions trading. 25
(1) To the extent that emissions trading is allowed under 15A NCAC 02D, including subsequently 26
adopted maximum achievable control technology standards, emissions trading is allowed without 27
permit revisions provided that: 28
(A) All applicable requirements are met; 29
(B) The permittee complies with all terms and conditions of the permit in making the emissions 30
trade; and 31
(C) The permittee notifies the Director and EPA with written notification at least seven days 32
before the trade is made; this notification requirement does not apply to trades made under 33
15A NCAC 02D .1419, Nitrogen Oxide Budget Trading Program, 15A NCAC .02D .2408, 34
Trading Program and Banking (CAIR), or 15A NCAC 02D .2510, Trading and Banking 35
(CAMR).made. 36
AGENDA ITEM 5
96 of 131
(2) If an emissions cap has been established by a permit condition for the purposes of limiting emissions 1
below that allowed by an otherwise applicable requirement, emissions trading is allowed to the 2
extent allowed by the permit if: 3
(A) An emissions cap is established in the permit to limit emissions; 4
(B) The permit specifies the emissions limits with which each source shall comply under any 5
applicable requirement; 6
(C) The permittee complies with all permit terms that ensure the emissions trades are 7
enforceable, accountable, and quantifiable; 8
(D) The permittee complies with all applicable requirements; 9
(E) The permittee complies with the emissions trading procedures in the permit; and 10
(F) The permittee notifies the Director and EPA with written notification at least seven days 11
before the trade is made. 12
(3) The written notification required under Subparagraph (1) of this Paragraph shall include: 13
(A) a description of the change, 14
(B) the date on when the change will occur, 15
(C) any change in emissions, 16
(D) the permit requirement with which the facility or source will comply using the emissions 17
trading provision of the applicable provision of 15A NCAC 02D, and 18
(E) the pollutants emitted subject to the emissions trade. 19
This Subparagraph does not apply to trades made under 15A NCAC 02D .1419, Nitrogen Oxide 20
Budget Trading Program, 15A NCAC .02D .2408 Trading Program and Banking, or 15A NCAC 21
02D .2510, Trading and Banking. 22
(4) The written notification required under Subparagraph (2) of this Paragraph shall include: 23
(A) a description of the change, 24
(B) the date on when the change will occur, 25
(C) changes in emissions that will result and how the increases and decrease in emissions will 26
comply with the terms and conditions of the permit. 27
(d) The permit shield allowed under Rule15A NCAC 02Q .0512 of this Section does not apply to changes made under 28
Paragraphs (a), (b), or (c) of this Rule. 29
30
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 31
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 32
becomes effective, whichever is sooner; 33
Eff. July 1, 1994; 34
Amended Eff. June 1, 2008; December 1, 2005. 35
Readopted Eff. . 36
37
AGENDA ITEM 5
97 of 131
15A NCAC 02Q .0524 is proposed for readoption with no changes as follows: 1
2
15A NCAC 02Q .0524 OWNERSHIP CHANGE 3
(a) Applications for ownership changes shall: 4
(1) contain the information required under Rule .0505(4) of this Subchapter, and 5
(2) follow the procedures under Section .0300 of this Subchapter. 6
(b) When the Director permits an ownership change, he shall submit a copy of the permit to EPA as an administrative 7
amendment. 8
9
History Note: Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent 10
rule becomes effective, whichever is sooner; 11
Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 12
Eff. July 1, 1994. 13
Readopted Eff. . 14
15
16
17
18
AGENDA ITEM 5
98 of 131
15A NCAC 02Q .0525 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0525 APPLICATION PROCESSING SCHEDULE 3
(a) Except for permit applications submitted under Rule .0506 of this Subchapter, the The Division shall adhere to 4
the following schedule in processing permit applications for permits, significant permit modifications, and permit 5
renewal:applications: 6
(1) The Division shall send written acknowledgment of receipt of the application to the applicant within 7
10 days of receipt of the application. 8
(2) The Division shall review all permit applications within 60 days of receipt of the application to 9
determine whether the application is complete or incomplete. The Division shall notify the applicant 10
by letter: 11
(A)(a) stating that the application as submitted is complete and specifying the completeness date, 12
(B)(b) stating that the application is incomplete, requesting additional information and specifying 13
the deadline date by which the requested information is to be received by the Division, or 14
(C)(c) stating that the application is incomplete and requesting that the applicant rewrite and 15
resubmit the application. 16
If the Division does not notify the applicant by letter dated within 60 days of receipt of the application that the 17
application is incomplete, the application shall be deemed complete. A completeness determination shall not prevent 18
the Director from requesting additional information at a later date when such information is considered necessary to 19
properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant has not provided 20
the requested additional information by the deadline specified in the letter requesting additional information, the 21
Director may return the application to the applicant as incomplete. The applicant may request a time extension for 22
submittal of the requested additional information. A completeness determination shall not be necessary for minor 23
modifications under Rule .0514 of this Section. 24
If the Division does not notify the applicant by letter dated within 60 days of receipt of the 25
application that the application is incomplete, the application shall be deemed complete. A 26
completeness determination shall not prevent the Director from requesting additional information 27
at a later date when such information is considered necessary to properly evaluate the source, its air 28
pollution abatement equipment, or the facility. If the applicant has not provided the requested 29
additional information by the deadline specified in the letter requesting additional information, the 30
Director may withdraw the application to the applicant as incomplete. The applicant may request a 31
time extension for submittal of the requested additional information. A completeness determination 32
shall not be necessary for minor modifications under 15A NCAC 02Q .0515. 33
(3) The Division shall determine within 60 days of receipt of a complete application if any additional 34
information is needed to conduct the technical review of the application. A technical completeness 35
determination shall not prevent the Director from requesting additional information at a later date 36
when such information is considered necessary to properly evaluate the source, its air pollution 37
AGENDA ITEM 5
99 of 131
abatement equipment or the facility. The Division shall complete the technical review within 270 1
days of receipt of a complete application or 10 days after receipt of requested additional information, 2
whichever is later. 3
(4) The Director shall send the public notice for public comment on the draft permit to affected states, 4
to EPA, and to persons on the mailing list within 270 days after receipt of a complete application or 5
10 days after receipt of requested additional information, whichever is later. 6
(5) If a public hearing is requested and approved by the Director for a draft permit, it shall be held 7
within 45 days of the Director's decision to hold a public hearing. 8
(6) The Director shall complete the review of the record and send the proposed permit to EPA: 9
(A)(a) within 30 days after the close of the public comment period if there is no public hearing on 10
the draft permit; or 11
(B)(b) within 45 days after the close of the public hearing if there is a public hearing on the draft 12
permit. 13
(7) If EPA does not object to the proposed permit, the Director shall issue the permit within five days 14
after: 15
(A)(a) expiration of EPA 45-day review period; or 16
(B)(b) receipt of notice from EPA that it will not object to issuance, whichever comes first. 17
(8) If EPA objects to the proposed permit, the Director shall respond to EPA's objection within 90 days 18
after receipt of EPA's objections. 19
(b) The Director may return at any time applications containing insufficient information to complete the review. 20
21
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 22
Eff. February 1, 1995; 23
Amended Eff. July 1, 1998. 24
Readopted Eff. . 25
26
27
AGENDA ITEM 5
100 of 131
15A NCAC 02Q .0526 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0526 112(J) CASE-BY-CASE MACT PROCEDURES 3
(a) The owner or operator of a source required to apply maximum achievable control technology (MACT) under 15A 4
NCAC 02D .1109 shall follow the permit procedures set out in this Rule. 5
(b) For the purposes of this Rule, the definitions in 15A NCAC 02D.1109, 02D .1109, 40 CFR 63.51, 40 CFR 63.2, 6
and the following definitions apply: 7
(1) "Equivalent emission limitation" means an emission limitation, established under Section 112(j) of 8
the federal Clean Air Act, that is equivalent to the MACT standard that EPA would have 9
promulgated under Section 112(d) or (h) of the federal Clean Air Act. 10
(2) "Source category schedule for standards" means the schedule for promulgating MACT standards 11
issued pursuant to Section 112(e) of the federal Clean Air Act. 12
(3) "Title V permit" means a permit issued under this Section. 13
(c) Except as provided for in Paragraph (d) or (e) of this Rule, the owner or operator of a source required to apply 14
MACT under 15A NCAC 2D .1109 shall submit an application for a permit or for a significant permit revision under 15
this Section, whichever is applicable. 16
(d) Approval process for new and existing affected sources. Sources subject to Section 112(j) as of the Section 112(j) 17
deadline. The requirements of Subparagraphs (d)(1) and (2) of this Paragraph shall apply to major sources that include, 18
as of the Section 112(j) deadline, one or more sources in a category or subcategory for which the EPA has failed to 19
promulgate an emission standard under 40 CFR Part 63 on or before an applicable Section 112(j) deadline. Existing 20
source MACT requirements (including relevant compliance deadlines), as specified in a Title V permit issued to the 21
facility pursuant to the requirements of 40 CFR Part 63, Subpart B, shall apply to such sources. 22
(1) The owner or operator shall submit an application for a permit or for a revision to an existing Title 23
V permit issued or a pending Title V permit meeting the requirements of Subparagraph (m)(1) of 24
this Rule by the Section 112(j) deadline if the owner or operator can reasonably determine that one 25
or more sources at the facility belong in a category or subcategory subject to Section 112(j) of the 26
federal Clean Air Act. 27
(2) The owner or operator of a source that does not submit an application under Subparagraph (d)(1)(A) 28
of this Rule and that is notified in writing by the Division that one or more sources at the facility 29
belong to a category or subcategory subject to Section 112(j) of the federal Clean Air Act shall 30
submit an application for a Title V permit or for a revision to an existing Title V permit meeting the 31
requirements of Paragraph (m)(1) of this Rule within 30 days after being notified in writing by the 32
Division. The Division is not required to make such notification. 33
(3) The requirements in Parts (A) and (B) of this Subparagraph shall apply when the owner or operator 34
has obtained a Title V permit that incorporates a Section 112(g) case-by-case MACT determination 35
by the Division under 15A NCAC 02D .1112, but has not submitted an application for a Title V 36
AGENDA ITEM 5
101 of 131
permit revision that addresses the emission limitation requirements of Section 112(j) of the federal 1
Clean Air Act. 2
(A) When the owner or operator has a Title V permit that incorporates a Section 112(g) case-3
by-case MACT determination under 15A NCAC 02D .1112, the owner or operator shall 4
submit an application meeting the requirements of Paragraph (m)(1) of this Rule for a Title 5
V permit revision within 30 days of the Section 112(j) deadline or within 30 days of being 6
notified that in writing by the Division that one or more sources at the major facility belong 7
in such category or subcategory. The Division shall use the procedures in 40 CFR 63.52(e) 8
to determine whether the emission limitations adopted pursuant to the prior 112(g) case-9
by-case MACT determination are substantially as effective as the emission limitations that 10
Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for 11
the source in question. If the Division determines the previously adopted 112(g) emission 12
limitations are substantially as effective, then the Division shall retain the existing 13
limitations in the permit to effectuate Section 112(j) of the federal Clean Air Act. If the 14
Division does not retain the previously adopted 112(g) emission limitations, the MACT 15
requirements of this Rule are satisfied upon issuance of a revised Title V permit 16
incorporating any additional Section 112(j) requirements. 17
(B) When the owner or operator that has submitted a Title V permit application that 18
incorporates a Section 112(g) case-by-case MACT determination by the Division under 19
15A NCAC 02D .1112, but has not received the permit incorporating the Section 112(g) 20
requirements, the owner or operator shall continue to pursue a Title V permit that addresses 21
the requirements of Section 112(g) of the federal Clean Air Act. The owner or operator 22
shall submit a permit application meeting the requirements of Paragraph (m)(1) of this Rule 23
within 30 days of issuance of that Title V permit. The Division shall use the procedures in 24
40 CFR 63.52(e) to determine whether the emissions limitations adopted pursuant to the 25
prior 112(g) case-by-case MACT determination are substantially as effective as the 26
emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of 27
the federal Clean Air Act for the source in question. If the Division determines the 28
previously adopted 112(g) emission limitations are substantially as effective, then the 29
Director shall retain the existing emission limitations to effectuate Section 112(j) of the 30
federal Clean Air Act and revise the permit accordingly. If the Division does not retain the 31
previously adopted 112(g) emission limitations, the MACT requirements of this Rule are 32
satisfied upon issuance of a revised Title V permit incorporating any additional Section 33
112(j) requirements. 34
(1) Sources subject to Section 112(j) as of the Section 112(j) deadline. The requirements of 35
Subparagraphs (d)(1)(A) and (B) of this Paragraph shall apply to major sources that include, as of 36
the Section 112(j) deadline, one or more sources in a category or subcategory for which the EPA 37
AGENDA ITEM 5
102 of 131
has failed to promulgate an emission standard under 40 CFR Part 63 on or before an applicable 1
Section 112(j) deadline. Existing source MACT requirements (including relevant compliance 2
deadlines), as specified in a Title V permit issued to the facility pursuant to the requirements of 40 3
CFR Part 63, Subpart B, shall apply to such sources. 4
(A) The owner or operator shall submit an application for a permit or for a revision to an 5
existing Title V permit issued or a pending Title V permit meeting the requirements of 6
Subparagraph (m)(1) of this Rule by the Section 112(j) deadline if the owner or operator 7
can reasonably determine that one or more sources at the facility belong in a category or 8
subcategory subject to Section 112(j) of the federal Clean Air Act. 9
(B) The owner or operator of a source that does not submit an application under Subparagraph 10
(d)(1)(A) of this Rule and that is notified in writing by the Division that one or more sources 11
at the facility belong to a category or subcategory subject to Section 112(j) of the federal 12
Clean Air Act shall submit an application for a Title V permit or for a revision to an existing 13
Title V permit meeting the requirements of Paragraph (m)(1) of this Rule within 30 days 14
after being notified in writing by the Division. The Division is not required to make such 15
notification. 16
(C) The requirements in Parts (i) and (ii) of this Subparagraph shall apply when the owner or 17
operator has obtained a Title V permit that incorporates a Section 112(g) case-by-case 18
MACT determination by the Division under 15A NCAC 02D .1112, but has not submitted 19
an application for a Title V permit revision that addresses the emission limitation 20
requirements of Section 112(j) of the federal Clean Air Act. 21
(i) When the owner or operator has a Title V permit that incorporates a Section 22
112(g) case-by-case MACT determination under 15A NCAC 02D .1112 , the 23
owner or operator shall submit an application meeting the requirements of 24
Paragraph (m)(1) of this Rule for a Title V permit revision within 30 days of the 25
Section 112(j) deadline or within 30 days of being notified that in writing by the 26
Division that one or more sources at the major facility belong in such category or 27
subcategory. The Division shall use the procedures in 40 CFR 63.52(e) to 28
determine whether the emission limitations adopted pursuant to the prior 112(g) 29
case-by-case MACT determination are substantially as effective as the emission 30
limitations that Division would otherwise adopt pursuant to Section 112(j) of the 31
federal Clean Air Act for the source in question. If the Division determines the 32
previously adopted 112(g) emission limitations are substantially as effective, then 33
the Division shall retain the existing limitations in the permit to effectuate Section 34
112(j) of the federal Clean Air Act. If the Division does not retain the previously 35
adopted 112(g) emission limitations, the MACT requirements of this Rule are 36
AGENDA ITEM 5
103 of 131
satisfied upon issuance of a revised Title V permit incorporating any additional 1
Section 112(j) requirements. 2
(ii) When the owner or operator that has submitted a Title V permit application that 3
incorporates a Section 112(g) case-by-case MACT determination by the Division 4
under 15A NCAC 02D .1112, but has not received the permit incorporating the 5
Section 112(g) requirements, the owner or operator shall continue to pursue a Title 6
V permit that addresses the requirements of Section 112(g) of the federal Clean 7
Air Act. The owner or operator shall submit a permit application meeting the 8
requirements of Paragraph (m)(1) of this Rule within 30 days of issuance of that 9
Title V permit. The Division shall use the procedures in 40 CFR 63.52(e) to 10
determine whether the emissions limitations adopted pursuant to the prior 112(g) 11
case-by-case MACT determination are substantially as effective as the emission 12
limitations that the Division would otherwise adopt pursuant to Section 112(j) of 13
the federal Clean Air Act for the source in question. If the Division determines 14
the previously adopted 112(g) emission limitations are substantially as effective, 15
then the Director shall retain the existing emission limitations to effectuate 16
Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If 17
the Division does not retain the previously adopted 112(g) emission limitations, 18
the MACT requirements of this Rule are satisfied upon issuance of a revised Title 19
V permit incorporating any additional Section 112(j) requirements. 20
(e) Sources that become subject to Section 112(j) of the federal Clean Air Act after the Section 112(j) deadline and 21
that do not have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph apply 22
to sources that do not meet the criteria in Paragraph (d) of this Rule on the Section 112(j) deadline and are therefore 23
not subject to Section 112(j) of the federal Clean Air Act on that date, but where events occur subsequent to the Section 24
112 (j) deadline that would bring the source under the requirements of this Rule, and the source does not have a Title 25
V permit that addresses the requirements of Section 112(j) of the federal Clean Air Act. 26
(1) When one or more sources in a category or subcategory subject to the requirements of this Rule are 27
installed at a major source, or result in the source becoming a major source due to the installation, 28
and the installation does not invoke Section 112(g) requirements in 15A NCAC 02D .1112, the 29
owner or operator shall submit an application meeting the requirements of Paragraph (m)(1) of this 30
Rule within 30 days of startup of the source. Existing source MACT requirements (including 31
relevant compliance deadlines), as specified in a Title V permit issued pursuant to the requirements 32
of this Rule, shall apply to such sources. The Division shall use the procedures in 40 CFR 63.52(e) 33
to determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case 34
MACT determination are substantially as effective as the emission limitations that the Division 35
would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in 36
question. If the Division determines the previously adopted 112(g) emission limitations are 37
AGENDA ITEM 5
104 of 131
substantially as effective, then the Division shall retain the existing emission limitations to effectuate 1
Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does 2
not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule 3
are satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) 4
requirements. 5
(2) When one or more sources in a category or subcategory subject to 112(j) requirements are installed 6
at a major source or result in the source becoming a major source due to the installation, and the 7
installation requires 112(g) emission limitations to be established and permitted under 15A NCAC 8
02Q .0528, and the owner or operator has not submitted an application for a Title V permit revision 9
that addresses the emission limitation requirements of Section 112(j) of the federal Clean Air Act, 10
the owner or operator shall apply for and obtain a Title V permit that addresses the emission 11
limitation requirements of Section 112(g) of the federal Clean Air Act. Within 30 days of issuance 12
of that Title V permit, the owner or operator shall submit an application meeting the requirements 13
of Paragraph (m)(1) of this Rule for a revision to the existing Title V permit. The Division shall 14
determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case 15
MACT determination are substantially as effective as the emission limitations that the Division 16
would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in 17
question. If the Division determines the previously adopted 112(g) emission limitations are 18
substantially as effective, then the Division shall retain the existing emission limitations to effectuate 19
Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does 20
not retain the previously adopted 112(g) emission limitations, the permit shall be revised to 21
incorporate any additional Section 112(j) requirements. 22
(3) The owner or operator of an area source that, due to a relaxation in any federally enforceable 23
emission limitation (such as a restriction on hours of operation), increases its potential to emit 24
hazardous air pollutants such that the source becomes a major source that is subject to this Rule, 25
shall submit an application meeting the requirements of Paragraph (m)(1) of this Rule within 30 26
days after the date that such source becomes a major source. The Director shall use the procedures 27
in Paragraph (n) of this Rule in reviewing the application. The existing source MACT requirements 28
(including relevant compliance deadlines), shall apply to such sources. 29
(4) If EPA establishes a lesser quantity emission rate under Section 112(a)(1) of the Federal Clean Air 30
Act that results in an area source becoming a major source that is subject to this Rule, then the owner 31
or operator of such a major source shall submit an application meeting the requirements of Paragraph 32
(m)(1) of this Rule on or before the date six months after the date that such source becomes a major 33
source. Existing source MACT requirements (including relevant compliance deadlines), as specified 34
in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources. 35
(f) Sources that have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph 36
apply to major sources that include one or more sources in a category or subcategory for which EPA fails to promulgate 37
AGENDA ITEM 5
105 of 131
an emission standard on or before the Section 112(j) deadline, and the owner or operator has a permit meeting the 1
Section 112(j) requirements, and where changes occur at the major source to equipment, activities, or both, subsequent 2
to the Section 112(j) deadline. 3
(1) If the Title V permit already provides the requirements that address the events that occur under this 4
Paragraph subsequent to the Section 112(j) deadline, then the source shall comply with the 5
applicable new source MACT or existing source MACT requirements as specified in the permit, 6
and the Section 112(j) requirements are thus satisfied. 7
(2) If the Title V permit does not contain the requirements that address the events that occur under this 8
Paragraph subsequent to the Section 112(j) deadline, then the owner operator shall submit an 9
application for a revision to the existing Title V permit that meets the requirements of Paragraph 10
(m)(1) of this Rule within 30 days of beginning construction. Existing source MACT requirements 11
(including relevant compliance deadlines), as specified in a Title V permit issued pursuant to the 12
requirements of this Rule shall apply to such sources. 13
(g) Requests for applicability determination. An owner or operator who is unsure of whether one or more sources at 14
a major source belong in a category or subcategory for which EPA has failed to promulgate an emission standard 15
under this 40 CFR Part 63 may, on or before an applicable Section 112(j) deadline, request an applicability 16
determination from the Division by submitting an application meeting the requirements of Paragraph (m)(1) of this 17
Rule by the applicable deadlines specified in Paragraphs (d), (e), or (f) of this Rule. 18
(h) An owner or operator who submits a Part 1 MACT application meeting the requirements of Paragraph (m)(1) of 19
this Rule shall submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this Rule no later 20
than the applicable date specified in 40 CFR 63 Subpart B Table 1. The submission date specified in 40 CFR 63 21
Subpart B Table 1 for Miscellaneous Organic Chemical Manufacturing shall apply to sources in each of the source 22
categories listed in 40 CFR 63 Subpart B Table 2. When an owner or operator is required by 15A NCAC 02D .1109 23
and this Rule to submit an application meeting the requirements of Paragraph (m)(1) of this Rule by a date that is after 24
the date for a Part 2 MACT application for sources in the category or subcategory in question established by 40 CFR 25
63 Subpart B Table 1, the owner or operator shall submit a Part 2 MACT application meeting the requirements of 26
Paragraph (m)(2) of this Rule within 60 additional days after the applicable deadline for submission of the Part 1 27
MACT application. The Part 2 applications shall be reviewed by the Division according to the procedures established 28
in 40 CFR 63.55. 29
(1) Any owner or operator who submitted a request for an applicability determination on or before May 30
15, 2002, that remained pending as of May 30, 2003, and who still wishes to obtain such a 31
determination must resubmit that request by the date that is 60 days after the Administrator publishes 32
in the Federal Register a proposed standard under Section 112(d) or 112(h) of the Clean Air Act for 33
the category or subcategory in question. Such a resubmitted request must be supplemented to 34
discuss the relation between the source(s) in question and the applicability provision in the proposed 35
standard for the category or subcategory in question, and to explain why there may still be 36
uncertainties that require a determination of applicability. The Director shall take action on each 37
AGENDA ITEM 5
106 of 131
supplemented and resubmitted request within an additional 60 days after the applicable deadline for 1
the resubmitted request. If more than three years remain on the current Title V permit, the owner 2
or operator shall submit an application for a Title V permit revision to make any conforming changes 3
in the permit required to adopt the existing emission limitations as the Section 112(j) MACT 4
emission limitations. If less than three years remain on the current Title V permit, any required 5
conforming changes shall be made when the permit is renewed. If the applicability determination 6
is positive, the owner or operator shall submit a Part 2 MACT application meeting the requirements 7
of Paragraph (m)(2) of this Rule by the date specified for the category or subcategory in question in 8
40 CFR 63 Subpart B Table 1. If the applicability determination is negative, no further action by 9
the owner or operator is necessary. 10
(2) An owner or operator who has submitted an application meeting the requirements of Paragraph 11
(m)(1) of this Rule may request a determination of whether emission limitations adopted pursuant 12
to a prior case-by-case MACT determination under Section 112(g) that apply to one or more sources 13
in a relevant category or subcategory are substantially as effective as the emission limitations that 14
the Division would otherwise adopt pursuant to this Rule for the source in question. Such a request 15
must be submitted by the date for the category or subcategory in question specified in 40 CFR 63 16
Subpart B Table 1. Each request for a determination under this Paragraph shall be construed as a 17
complete application for an equivalent emission limitation under this Rule. If the Director 18
determines that the emission limitations in the prior case-by-case MACT determination are 19
substantially as effective as the emission limitations the Director would otherwise adopt under this 20
Rule, then the Director must adopt the existing emission limitations in the permit as the emission 21
limitations to effectuate Section 112(j) for the source in question. If the Director determines that 22
the emission limitations in the prior case-by-case MACT determination under Section 112(g) are 23
not substantially as effective as the emission limitations that the Director would otherwise adopt for 24
the source in question under this Rule, the Director must make a new MACT determination and 25
adopt a Title V permit incorporating an appropriate equivalent emission limitation under this Rule. 26
The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emission 27
limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially 28
as effective as the emission limitations which Division would otherwise adopt pursuant to Section 29
112(j) of the federal Clean Air Act for the source in question. 30
(i) If the Director disapproves a permit application submitted under this Rule or determines that the application is 31
incomplete, the owner or operator shall revise and resubmit the application to meet the Director's objections not later 32
than six months after first receiving notification that the application has been disapproved or is incomplete. 33
(j) If the owner or operator of a source subject to this Rule has submitted a timely and complete application for a 34
permit, significant permit revision, or administrative amendment required by this Rule, any failure to have this permit 35
shall not be a violation of the requirements of this Rule unless the delay in final action is due to the failure of the 36
applicant to submit, in a timely manner, information required or requested to process the application. 37
AGENDA ITEM 5
107 of 131
(k) The permit shall contain the items specified in 40 CFR 63.52 including: 1
(1) specification of the affected source and the new affected source 2
(2) an emission limitation (or limitations) or emission standard equivalent to existing source MACT 3
and an emission limitation (or limitations) equivalent to new source MACT for control of emissions 4
of hazardous air pollutants for that category or subcategory determined by the Director according to 5
40 CFR 63.55(a)on a case-by-case basis; 6
(3) any emission limits, production limits, operational limits or other terms and conditions necessary to 7
ensure practicable enforceability of the MACT emission limitation; 8
(4) any notification, operation and maintenance, performance testing, monitoring, reporting, and 9
recordkeeping requirements; and 10
(5) a compliance date(s) by which the owner or operator of an existing source shall be in compliance 11
with the MACT emission limitation and all other applicable terms and conditions of the permit not 12
to exceed three years from the date of issuance of the permit (The owner or operator of a new 13
affected source shall comply with a new source MACT level of control immediately upon startup.) 14
(l) Early reductions made pursuant to Section 112(i)(5)(A) of the federal Clean Air Act shall be achieved not later 15
than the date on which the relevant standard should have been promulgated according to the source category schedule 16
for standards. 17
(m) A permit application for a MACT determination shall consist of two parts. 18
(1) The Part 1 application shall contain the information required under 40 CFR 63.53(a) and shall be 19
submitted by the applicable deadline specified in Paragraph (d), (e), or (f) of this Rule. 20
(2) The Part 2 application shall contain the information required under 40 CFR 63.53(b) and shall be 21
submitted no later than the deadline in 40 CFR 63 Subpart B Table 1. 22
(n) Permit application review. The Director shall follow 40 CFR 63.55 (a) in reviewing permit applications for MACT. 23
The resulting MACT determination shall be incorporated into the facility's Title V permit according to the procedures 24
established under this Section. Following submittal of a Part 1 or Part 2 MACT application, the Director may request, 25
pursuant to 15A NCAC 02Q .0507(c) and .0525(a), additional information from the owner or operator; and the owner 26
or operator shall submit the requested information within 30 days. A Part 2 MACT application is complete if it is 27
sufficient to begin processing the application for a Title V permit addressing Section 112(j) requirements. If the 28
Division disapproves a permit application or determines that the application is incomplete, the owner or operator shall 29
revise and resubmit the application to meet the objections of the Division within the time period specified by the 30
Division. Such time period shall not exceed six months from the date that the owner or operator is first notified that 31
the application has been disapproved or is incomplete. The Director shall issue a Title V permit meeting Section 112(j) 32
requirements after receipt of a complete Part 2 MACT application following the schedule in 15A NCAC 02Q .0525. 33
(o) The following requirements apply to case-by-case determinations of equivalent emission limitations when a 34
MACT standard is subsequently promulgated: 35
(1) If EPA promulgates an emission standard that is applicable to one or more sources within a major 36
facility before the date a proposed permit under this Rule is approved, the permit shall contain the 37
AGENDA ITEM 5
108 of 131
promulgated standard rather than the emission limitation determined under 15A NCAC 02D .1109, 1
and the owner or operator of the source shall comply with the promulgated standard by the 2
compliance date in the promulgated standard. 3
(2) If EPA promulgates an emission standard that is applicable to a source after the date that a permit 4
is issued under this Rule, the Director shall revise the permit on its next renewal to reflect the 5
promulgated standard. (Subparagraph (a)(1) of Rule15A NCAC 02Q .0517 of this Section does not 6
apply to requirements established under this Rule.) The Director shall establish a compliance date 7
in the revised permit that assures that the owner or operator shall comply with the promulgated 8
standard within a reasonable time, but no longer than eight years after such standard is promulgated 9
or eight years after the date by which the owner or operator was first required to comply with the 10
emission limitation established by permit, whichever is earlier. However, in no event shall the 11
period for compliance for existing sources be shorter than that provided for existing sources in the 12
promulgated standard. 13
(3) Notwithstanding the requirements of Subparagraphs (1) or (2) of this Paragraph, if EPA promulgates 14
an emission standard that is applicable to a source after the date a proposed permit is approved, the 15
Director need not change the emission limitation in the permit to reflect the promulgated standard 16
if the level of control required by the emission limitation in the permit is as effective as that required 17
by the promulgated standard. If EPA promulgates an emission standard that is applicable to an 18
affected source after the date a permit application is approved, and the level of control required by 19
the promulgated standard is less stringent than the level of control required by any emission 20
limitation in the prior MACT determination, the Division is not required to incorporate any less 21
stringent emission limitation of the promulgated standard and may consider any more stringent 22
provisions of the MACT determination to be applicable legal requirements when issuing or revising 23
such a Title V permit. 24
25
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 26
Eff. July 1, 1996; 27
Amended Eff. February 1, 2004. 28
Readopted Eff. . 29
30
31
AGENDA ITEM 5
109 of 131
15A NCAC 02Q .0527 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0527 EXPEDITED APPLICATION PROCESSING SCHEDULE 3
(a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit. 4
(b) An applicant may file an application to follow the expedited review for application certified by a professional 5
engineer as set out in G.S. 143-215.108(h) if: 6
(1) The applicant specifically requests that the permit application be processed under the procedures in 7
G.S. 143-215.108(h); and 8
(2) The applicant submits: 9
(A) applications as required under Rules .0505 and .0507 of this Section;15A NCAC 02Q 10
.0507; 11
(B) a completeness check list showing that the permit application is complete; 12
(C) a draft permit; 13
(D) any required dispersion modeling; 14
(E) a certification signed by a professional engineer registered in North Carolina certifying the 15
accuracy and completeness of draft permit and the application, including emissions 16
estimates, applicable standards and requirements, and process specifications; 17
(F) a consistency determination as required under Rule .0507(d)(1) of this Section; 15A NCAC 18
02Q .0507(d)(1); 19
(G) a written description of current and projected plans to reduce the emissions of air 20
contaminants as required under Rule .0507(d)(2) of this Section; 15A NCAC 02Q 21
.0507(d)(2); 22
(H) a financial qualification if required; 23
(I) substantial compliance statement if required; and 24
(J) the application fee as required under Section .0200 of this Subchapter. 25
(c) The applicant shall use the official application forms provided by the Division or a facsimile thereof. 26
(d) The Division shall provide the applicant a checklist of all items of information required to prepare a complete 27
permit application. This checklist shall be the checklist used by the Division to determine if the application is 28
complete. 29
(e) The Division shall provide the applicant a list of permit conditions and terms to include in the draft permit. 30
(f) Before filing a permit application that includes dispersion modeling analysis submitted in support of the 31
application, the applicant shall submit a modeling protocol and receive approval for the dispersion modeling protocol. 32
(g) The Division shall follow the procedures set out in G.S. 143-215.108(h) when processing applications filed in 33
accordance with this Rule. 34
(h) The decision that the Director shall make on applications processed under this Rule is either to deny the permit or 35
to submit a proposed permit to EPA. 36
(i) If EPA does not object to the proposed permit, the Director shall issue the permit within five days after: 37
AGENDA ITEM 5
110 of 131
(1) expiration of EPA 45-day review period; or 1
(2) receipt of notice from EPA that it will not object to issuance, whichever comes first. 2
(j) If EPA objects to the proposed permit, the Director shall respond to EPA's objection within 90 days after receipt 3
of EPA's objections. 4
5
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 6
Eff. July 1, 1998. 7
Readopted Eff. . 8
9
10
AGENDA ITEM 5
111 of 131
15A NCAC 02Q .0528 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0528 112(G) CASE-BY-CASE MACT PROCEDURES 3
(a) Applicability. The owner or operator of a source required to apply maximum achievable control technology 4
(MACT) under 15A NCAC 2D .1112 shall follow the permit procedures set out in this Rule. 5
(b) Construction prohibition. After July 1, 1998 a person shall not begin actual construction or reconstruction of a 6
major source of hazardous air pollutants unless: 7
(1) The major source has been specifically regulated or exempted from regulation under: 8
(A) 15A NCAC 2D .1109 or .1111, or 9
(B) a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the federal Clean Air Act 10
under 40 CFR Part 63, and the owner and operator has fully complied with all procedures 11
and requirements for preconstruction review established by that standard, including any 12
applicable requirements set forth in 40 CFR Part 63, Subpart A; or 13
and the owner and operator has fully complied with all procedures and requirements for preconstruction review 14
established by that standard, including any applicable requirements set forth in 40 CFR Part 63, Subpart A; or 15
(2) The Division has made a final and effective case-by-case determination under 15A NCAC 02D 16
.1112 such that emissions from the constructed or reconstructed major source will be controlled to 17
a level no less stringent than the maximum achievable control technology emission limitation for 18
new sources. 19
(c) Requirements for constructed and reconstructed major sources. When a case-by-case determination of MACT is 20
required by 15A NCAC 2D .1112, the owner and operator shall submit a permit application to the Division and the 21
Division shall process the application following the procedures of Rule .0501(c) of this Section. 15A NCAC 02Q 22
.0501(c). 23
(d) Alternative operating scenarios. When applying for a permit, the owner or operator may request approval of case-24
by-case MACT determinations for alternative operating scenarios. Approval of such determinations satisfies the 25
requirements of Section 112(g) of the federal Clean Air Act for each such scenario. 26
(e) Application requirements for a case-by-case MACT determination. The owner or operator of a source required to 27
apply MACT under Rule 15A NCAC 2D .1112 shall submit a permit application that contains all the information 28
required under 40 CFR 63.43(e). 29
(f) Reporting to the EPA. Within 60 days of the issuance of a permit under this Section or Section .0300 of this 30
Subchapter incorporating a MACT determination, the Director shall provide a copy of such permit to EPA, and shall 31
provide a summary in a compatible electronic format for inclusion in the MACT data base. 32
33
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10); 34
Eff. July 1, 1998. 35
Readopted Eff. . 36
AGENDA ITEM 5
112 of 131
15A NCAC 02Q .0801 is proposed for readoption with substantive changes as follows: 1
2
SECTION .0800 - EXCLUSIONARY RULES 3
4
15A NCAC 02Q .0801 PURPOSE AND SCOPE 5
(a) The purpose of this Section is to define categories of facilities that are exempted from needing a permit under 6
pursuant to Section .0500, 15A NCAC 02Q .0500, Title V Procedures, of this Subchapter or the applicability of 15A 7
NCAC 2D 02D .1111 or 40 CFR Part 63 by defining their potential emissions to be less than: 8
(1) 100 tons per year of each regulated air pollutant; 9
(2) 10 tons per year of each hazardous air pollutant; and 10
(3) 25 tons per year of all hazardous air pollutants combined; 11
as determined by criteria set out in each individual source category rule. [A particular maximum achievable control 12
technology (MACT) standard promulgated under pursuant to 40 CFR Part 63 may have a lower applicability threshold 13
than those contained in this Paragraph. The threshold contained in that MACT standard shall be used to determine 14
the applicability of that MACT standard]. Potential emissions of hazardous air pollutants limited through the 15
procedures of this Section may be used to determine the applicability of specific requirements of 40 CFR Part 63 to a 16
facility. 17
(b) Coverage under the rules of this Section is voluntary. The owner or operator of a facility or source qualified to 18
be covered under pursuant to a rule in this Section that does not want to be covered under pursuant to that rule shall 19
notify the Director in writing that he or she does not want his the facility covered under pursuant to this Section, and 20
the Section shall no longer apply to that facility or source. 21
(c) A source cannot rely on emission limits or caps contained set forth in this Section to justify violation of any rate-22
based emission limits or other applicable requirements. 23
(d) Although a facility is exempted, by complying with this Section, from the permitting procedures contained set 24
forth in Section .0500, 15A NCAC 02Q .0500, Title V Procedures, of this Subchapter, or the applicability of 15A 25
NCAC 2D .1111 or 40 CFR Part 63, it may still shall need a permit under Section .0300, pursuant to 15A NCAC 02Q 26
.0300, Construction and Operation Permit, of this Subchapter unless it is exempted from needing a permit by Rule 27
.0102 of this Subchapter.other applicable rules in this Subchapter. 28
(e) Except for gasoline service stations and dispensing facilities and dry cleaning facilities, any facility or source not 29
required to have a permit under this Subchapter shall not be required to maintain records and report emissions as 30
required under this Section. 31
32
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 33
Eff. August 1, 1995; 34
Amended Eff. April 1, 1999.1999; 35
Readopted Eff. . 36
37
AGENDA ITEM 5
113 of 131
15A NCAC 02Q .0802 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0802 GASOLINE SERVICE STATIONS AND DISPENSING FACILITIES 3
(a) For the purpose of this Rule the following definitions apply: 4
(1) "Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline 5
tanks from stationary storage tanks. 6
(2) "Gasoline service station" means any gasoline dispensing facility where gasoline is sold to the 7
motoring public from stationary storage tanks. 8
(b) This Rule only applies to gasoline service stations and gasoline dispensing facilities that are in compliance with 9
15A NCAC 2D 02D .0928. 10
(c) Potential emissions for gasoline service stations and gasoline dispensing facilities shall be determined using actual 11
gasoline throughput. 12
(d) Any gasoline service station or gasoline dispensing facility that has an annual throughput, on a calendar month 13
rolling average basis, of less than 15,000,000 gallons shall be exempted from the requirements of Section .0500 of 14
this Subchapter.15A NCAC 02Q .0500. 15
(e) The owner or operator of any gasoline service station or gasoline dispensing facility exempted by this Rule from 16
Section .0500 of this Subchapter 15A NCAC 02Q .0500 shall submit a report containing the information described in 17
Paragraph (f) of this Rule if: 18
(1) annual throughput exceeds 10,000,000 gallons, by the end of the month following the month that 19
throughput exceeds 10,000,000 gallons and every 12 months thereafter; 20
(2) annual throughput exceeds 13,000,000 gallons, by the end of the month following the month that 21
throughput exceeds 13,000,0000 gallons and every six months thereafter; or 22
(3) annual throughput exceeds 15,000,000 gallons, by the end of the month following the month that 23
throughput exceeds 15,000,000 gallons and shall submit a permit application pursuant to the 24
procedures in Section .0500 of this Subchapter.15A NCAC 02Q .0500. 25
(f) The report required under Paragraph (e) of this Rule shall include: 26
(1) the name and location of the gasoline service station or gasoline dispensing facility; 27
(2) the annual throughput of gasoline for each of the 12-month periods ending on each month since the 28
previous report was submitted, including monthly gasoline throughput for each month required to 29
calculate the annual gasoline throughput for each 12-month period; and 30
(3) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapter responsible 31
official defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report. 32
(g) The owner or operator of any gasoline service station or gasoline dispensing facility exempted by this Rule from 33
Section .0500 of this Subchapter 15A NCAC 02Q .0500 shall provide documentation of annual throughput to the 34
Director upon request. The owner or operator of any gasoline service station or gasoline dispensing facility exempted 35
by this Rule from Section .0500 of this Subchapter 15A NCAC 02Q .0500 shall retain records to document annual 36
throughput for all 12-month periods during the previous three years. 37
AGENDA ITEM 5
114 of 131
(h) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a 1
requirement of this Rule within one week of its occurrence. 2
3
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 4
Eff. August 1, 1995.1995; 5
Readopted Eff. . 6
7
8
9
10
AGENDA ITEM 5
115 of 131
15A NCAC 02Q .0803 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0803 COATING, SOLVENT CLEANING, GRAPHIC ARTS OPERATIONS 3
(a) For the purposes of this Rule, the following definitions apply: 4
(1) "Coating operation" means a process in which paints, enamels, lacquers, varnishes, inks, dyes, glues, 5
and other similar materials are applied to wood, paper, metal, plastic, textiles, or other types of 6
substrates. 7
(2) "Solvent cleaning operation" means the use of solvents containing volatile organic compounds to 8
clean soils from metal, plastic, or other types of surfaces. 9
(3) "Graphic arts operation" means the application of inks to form words, designs, or pictures to a 10
substrate, usually by a series of application rolls each with only partial coverage and usually using 11
letterpress, offset lithography, rotogravure, or flexographic process. 12
(b) Potential emissions for a coating operation, solvent cleaning operation, or graphic arts operation shall be 13
determined using actual emissions without accounting for any air pollution control devices to reduce emissions of 14
volatile organic compounds or hazardous air pollutants including perchloroethylene, methyl chloroform, and methyl 15
chloride from the coating operation, solvent cleaning operation or graphic arts operation. All volatile organic 16
compounds and hazardous air pollutants that are also volatile organic compounds and perchloroethylene, methyl 17
chloroform, and methyl chloride are assumed to evaporate and be emitted into the atmosphere at the source. 18
(c) Paragraphs (d) through (l) of this Rule do not apply to any facility whose potential emissions are greater than or 19
equal to: 20
(1) 100 tons per year of each regulated air pollutant; 21
(2) 10 tons per year of each hazardous air pollutant; or 22
(3) 25 tons per year of all hazardous air pollutants combined; 23
as determined by criteria set out in each individual source category rule. [A particular maximum achievable control 24
technology (MACT) standard promulgated under 40 CFR Part 63 may have a lower applicability threshold than those 25
contained in this Paragraph. The threshold contained in that MACT standard shall be used to determine the 26
applicability of that MACT standard.] 27
(d) With the exception of Paragraph (c) of this Rule, the owner or operator of a coating, solvent cleaning, or graphics 28
arts operation shall be exempted from the requirements of Section .0500 of this Subchapter,15A NCAC 02Q .0500, 29
provided the owner or operator of the facility complies with Paragraphs (f) through (j) of this Rule, as appropriate. 30
(e) Only Paragraph (b) of this Rule applies to coating operations, solvent cleaning operations, or graphic arts 31
operations that are exempted from needing a permit under Rule .0102 of this Subchapter.pursuant to 15A NCAC 02Q 32
.0102. 33
(f) The owner or operator of a facility whose potential emissions: 34
(1) of volatile organic compounds are less than 100 tons per year but more than or equal to 75 tons per 35
year; 36
AGENDA ITEM 5
116 of 131
(2) of each hazardous air pollutant is less than 10 tons per year but more than or equal to 7.5 tons per 1
year; or 2
(3) of all hazardous air pollutants combined are less than 25 tons per year but more than or equal to 18 3
tons per year; 4
shall maintain records and submit reports as described in Paragraphs (g) and (j) of this Rule. 5
(g) For facilities covered under Paragraph (f) of this Rule, the owner or operator shall: 6
(1) maintain monthly consumption records of each material used containing volatile organic 7
compounds as follows: 8
(A) quantity of volatile organic compound in pounds per gallon of each material used, 9
(B) pounds of volatile organic compounds of each material used per month and total pounds 10
of volatile organic compounds of each material used during the 12-month period ending 11
on that month, 12
(C) quantity of each hazardous air pollutant in pounds per gallon of each material used, 13
(D) pounds of each hazardous air pollutant of each material used per month and total pounds 14
of each hazardous air pollutant of each material used during the 12-month period ending 15
on that month, 16
(E) quantity of all hazardous air pollutants in pounds per gallon of each material used, and 17
(F) pounds of all hazardous air pollutants of each material used per month and total pounds of 18
all hazardous air pollutants of each material used during the 12-month period ending on 19
that month; and 20
(2) submit to the Director each quarter, or more frequently if required by a permit condition, a report 21
summarizing emissions of volatile organic compounds and hazardous air pollutants containing the 22
following: 23
(A) pounds volatile organic compounds used: 24
(i) for each month during the quarter, and 25
(ii) for each 12-month period ending on each month during the quarter using the 12-26
month rolling average method; 27
(B) greatest quantity in pounds of an individual hazardous air pollutant used: 28
(i) for each month during the quarter, and 29
(ii) for each 12-month period ending on each month during the quarter using the 12-30
month rolling average method; and 31
(C) pounds of all hazardous air pollutants used: 32
(i) for each month during the quarter, and 33
(ii) for each 12-month period ending on each month during the quarter using the 12-34
month rolling average method. 35
(h) The owner or operator of a facility whose potential emissions: 36
(1) of volatile organic compounds are less than 75 tons per year, 37
AGENDA ITEM 5
117 of 131
(2) of each hazardous air pollutantspollutant is less than 7.5 tons per year, and 1
(3) of all hazardous air pollutants combined are less than 18 tons per year, 2
shall maintain records and submit reports as described in Paragraphs (i) and (j) of this Rule. 3
(i) For facilities covered under pursuant to Paragraph (h) of this Rule, the owner or operator shall submit to the 4
regional supervisors of the appropriate Division regional office by March 1 of each year, or more frequently if required 5
by a permit condition, a report summarizing emissions of volatile organic compounds and hazardous air pollutants 6
containing the following: 7
(1) pounds volatile organic compounds used during the previous calendar year,year; 8
(2) pounds of the highest individual hazardous air pollutant used during the previous year,year; and 9
(3) pounds of all hazardous air pollutants used during the previous year. 10
(j) In addition to the specific reporting requirements for sources covered under pursuant to Paragraphs (f) and (h) of 11
this Rule, the owner or operator of the source shall: 12
(1) maintain purchase orders and invoices of materials containing volatile organic compounds, which 13
shall be made available to the Director upon request to confirm the general accuracy of the reports 14
filed under pursuant to Paragraphs (g) or (i) of this Rule regarding materials usage; 15
(2) retain purchase orders and invoices for a period of at least three years; 16
(3) report to the Director any exceedance of a requirement of this Rule within one week of occurrence; 17
and 18
(4) certify all submittals as to the truth, completeness, and accuracy of all information recorded and 19
reported over the signature of the appropriate official as identified in Rule .0304(j) of this 20
Subchapter.responsible official as defined in 15A NCAC 02Q .0303. 21
(k) Copies of all records required to be maintained under pursuant to Paragraphs (g), (i) or (j) of this Rule shall be 22
maintained at the facility and shall be available for inspection by personnel of the Division on demand. 23
(l) The Director shall maintain a list of facilities covered under pursuant to this Rule. 24
25
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 26
Eff. August 1, 1995; 27
Amended Eff. April 1, 2001; April 1, 1999. 28
Readopted Eff. . 29
30
31
AGENDA ITEM 5
118 of 131
15A NCAC 02Q .0804 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0804 DRY CLEANING FACILITIES 3
(a) For the purpose of this Rule, the following definitions apply: 4
(1) "Dry cleaning facility" means an establishment with one or more dry cleaning systems as defined 5
under pursuant to 40 CFR 63.321. 6
(2) "Perchloroethylene consumption" means the total volume of perchloroethylene purchased based 7
upon purchase receipts or other reliable measures. 8
(b) Potential emissions for dry cleaning facilities shall be determined using perchloroethylene consumption. 9
(c) Any dry cleaning facility that has a yearly perchloroethylene consumption as determined under pursuant to 40 10
CFR 63.323(d) of less than 10 tons shall be exempted from the requirements of Section .0500 of this Subchapter.15A 11
NCAC 02Q .0500. 12
(d) The owner or operator of a dry cleaning facility shall report perchloroethylene consumption in accordance with 13
40 CFR 63.324. 14
(e) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a 15
requirement of this Rule within one week of its occurrence. 16
17
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 18
Eff. August 1, 1995.1995; 19
Readopted Eff. . 20
21
22
23
24
AGENDA ITEM 5
119 of 131
15A NCAC 02Q .0805 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0805 GRAIN ELEVATORS 3
(a) This Rule applies to grain elevators that only: 4
(1) receive grain directly from the farm; and 5
(2) clean, dry, grind, or store grain before it is transported elsewhere. 6
(b) This Rule shall not apply to: 7
(1) facilities that process grain beyond cleaning, drying, or grinding; or 8
(2) facilities that use: 9
(A) tunnel belts,belts; or 10
(B) head houses and elevator legs vented to cyclonic control devices. 11
(c) Potential emissions for grain elevators shall be determined using actual tons of grain received or shipped, 12
whichever is greater. 13
(d) Any grain elevator that receives or ships less than 588,000 tons of grain per year shall be exempted from the 14
requirements of Section .0500 of this Subchapter.15A NCAC 02Q .0500. 15
(e) The owner or operator of a grain elevator that receives or ships: 16
(1) less than 392,000 tons of grain per year shall retain records of actual annual tons of grain received 17
or shipped at the site. These records shall be made available to Division personnel upon request of 18
the Division; or 19
(2) at least 392,000 but less than 588,000 tons of grain per year shall retain records of actual annual 20
tons of grain received or shipped at the site and shall submit to the regional supervisor of the 21
appropriate Division regional office, by March 1 of each year, a report containing the following 22
information: 23
(A) the name and location of the grain elevator; 24
(B) the tons of grain received and shipped during the previous calendar year; and 25
(C) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapter 26
responsible official as defined in 15A NCAC 02Q .0303 certifying as to the truth and 27
accuracy of the report. 28
(f) The owner or operator of the grain elevator exempted by this Rule from Section .0500 of this Subchapter 15A 29
NCAC 02Q .0500 shall provide documentation of actual annual tons of grain received or shipped to the Director upon 30
request. The owner or operator of a grain elevator exempted by this Rule from Section .0500 of this Subchapter 15A 31
NCAC 02Q .0500 shall retain records to document actual annual tons of grain received or shipped for each of the 32
previous three years. 33
(g) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a 34
requirement of this Rule within one week of its occurrence. 35
36
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 37
AGENDA ITEM 5
120 of 131
Eff. August 1, 1995; 1
Amended Eff. April 1, 2001; July 1, 1998.1998; 2
Readopted Eff. . 3
4
5
AGENDA ITEM 5
121 of 131
15A NCAC 02Q .0806 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0806 COTTON GINS 3
(a) Potential emissions for cotton gins shall be determined using actual number of bales of cotton, not exceeding 500 4
pounds each, produced. 5
(b) Any cotton gin that gins less than 167,000 bales of cotton per year shall be exempted from the requirements of 6
Section .0500 of this Subchapter.15A NCAC 02Q .0500. 7
(c) The owner or operator of any cotton gin exempted by this Rule from Section .0500 of this Subchapter 15A NCAC 8
02Q .0500 shall submit to the regional supervisor of the appropriate Division regional office by March 1 of each year, 9
a report containing the following information: 10
(1) the name and location of the cotton gin; 11
(2) the number of bales of cotton produced during the previous year; and 12
(3) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapter responsible 13
official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report. 14
(d) The owner or operator of any cotton gin exempted by this Rule from Section .0500 of this Subchapter 15A NCAC 15
02Q .0500 shall provide documentation of number of bales produced to the Director upon request. The owner or 16
operator of a cotton gin exempted by this Rule from Section .0500 of this Subchapter15A NCAC 02Q .0500 shall 17
retain records to document number of bales of cotton produced for each of the previous three years. 18
(e) If the number of bales specified in Paragraph (b) of this Rule are exceeded, the owner or operator shall report to 19
the Director this event within one week of its occurrence. 20
21
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 22
Eff. August 1, 1995; 23
Amended Eff. June 1, 2004; April 1, 2001; July 1, 1998.1998; 24
Readopted Eff. . 25
26
27
AGENDA ITEM 5
122 of 131
15A NCAC 02Q .0807 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0807 EMERGENCY GENERATORS 3
(a) This Rule applies to facilities whose only sources requiring a permit is one or more emergency generators or 4
emergency use internal combustion engines and associated fuel storage tanks. 5
(b) For the purposes of this Rule: 6
(1) "Emergency generator" means a stationary internal combustion engine used to generate electricity 7
only during the loss of primary power at the facility that is beyond the control of the owner or 8
operator of the facility or during maintenance when necessary to protect the environment. An 9
emergency generator may be operated periodically to ensure that it will operate. 10
(2) "Emergency use internal combustion engines" means stationary internal combustion engines used 11
to drive pumps, aerators, and other equipment only during the loss of primary power at the facility 12
that is beyond the control of the owner or operator of the facility or during maintenance when 13
necessary to protect the environment. An emergency use internal combustion engine may be 14
operated periodically to ensure that it will operate. 15
(c) For the purposes of this Rule, potential emissions for emergency generators and emergency use internal 16
combustion engines shall be determined using actual fuel consumption. 17
(d) Any facility whose emergency generators and emergency use internal combustion engines consume less than: 18
(1) 322,000 gallons per year of diesel fuel for diesel-powered generators; 19
(2) 62,500,000 cubic feet per year of natural gas for natural gas-powered generators; 20
(3) 1,440,000 gallons per year of liquifiedliquefied petroleum gas for liquifiedliquefied petroleum gas-21
powered generators; and 22
(4) 50,800 gallons per year of gasoline for gasoline-powered generators, 23
shall be exempted from the requirements of Section .0500 of this Subchapter.15A NCAC 02Q .0500. 24
(e) The owner or operator of any emergency generator or emergency use internal combustion engine exempted by 25
this Rule from Section .0500 of this Subchapter15A NCAC 02Q .0500 shall submit to the regional supervisors of the 26
appropriate Division regional office by March 1 of each year a report containing the following information: 27
(1) the name and location of the facility; 28
(2) the types and quantity of fuel consumed by emergency generators and emergency use internal 29
combustion engines; and 30
(3) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapterresponsible 31
official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report. 32
(f) The owner or operator of any facility exempted by this Rule from Section .0500 of this Subchapter15A NCAC 33
02Q .0500 shall provide documentation of types and quantities of fuel consumed to the Director upon request. The 34
owner or operator of a facility exempted by this Rule from Section .0500 of this Subchapter15A NCAC 02Q .0500 35
shall retain records to document types and quantities of fuels consumed for each of the previous three years. 36
AGENDA ITEM 5
123 of 131
(g) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a 1
requirement of this Rule within one week of its occurrence. 2
3
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 4
Eff. August 1, 1995; 5
Amended Eff. April 1, 2001; July 1, 1998.1998; 6
Readopted Eff. . 7
8
9
AGENDA ITEM 5
124 of 131
15A NCAC 02Q .0808 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0808 PEAK SHAVING GENERATORS 3
(a) This Rule applies to facilities whose only sources requiring a permit is one or more peak shaving generators and 4
their associated fuel storage tanks. 5
(b) For the purpose of this Rule, potential emissions shall be determined using actual total fuel consumption. 6
(c) Any facility whose total fuel consumption by one or more peak shaving generators shall be exempted from the 7
requirements of Section .0500 of this Subchapter15A NCAC 02Q .0500 if the facility uses: 8
(1) natural gas burning turbine driven generators that combust less than or equal to 5,625,000 therms 9
per year; 10
(2) distillate oil burning turbine driven generators that combust less than or equal to 1,496,000 gallons 11
per year; 12
(3) combined fuel (natural gas and six percent or more distillate oil) burning engine generators that 13
combust less than or equal to 633,320 therms natural gas and 24,330 gallons distillate oil per year; 14
or 15
(4) distillate oil burning engine driven generators that combust less than or equal to 410,580 gallons per 16
year. 17
(d) The owner or operator of any peak shaving generator exempted by this Rule from Section .0500 of this 18
Subchapter15A NCAC 02Q .0500 shall submit to the regional supervisors of the appropriate Division regional office 19
by March 1 of each year a report containing the following information: 20
(1) the name and location of the facility; 21
(2) the number and size of all peak shaving generators located at the facility; 22
(3) the total number of hours of operation of all peak shaving generators located at the facility; 23
(4) the actual total amount of energy production per year from all peak shaving generators located at 24
the facility; and 25
(5) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapterresponsible 26
official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report. 27
(e) The owner or operator of any facility exempted by this Rule from Section .0500 of this Subchapter15A NCAC 28
02Q .0500 shall provide documentation of number, size, number of hours of operation, and amount and type of fuel 29
burned per calendar year from all peak shaving generators located at the facility to the Director upon request. The 30
owner or operator of a facility exempted by this Rule from Section .0500 of this Subchapter15A NCAC 02Q .0500 31
shall retain records to document the amount of total energy production per year for the previous three years. 32
(f) For facilities covered by this Rule, the owner or operator shall report to the Director if the total fuel combusted by 33
all peak shaving generators located at the facility exceeds the applicable fuel limit in Paragraph (c) of this Rule within 34
one week of its occurrence that the facility has exceeded the fuel consumption in Paragraph (c) of this Rule. 35
36
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 37
AGENDA ITEM 5
125 of 131
Eff. July 1, 1999; 1
Amended Eff. December 1, 2005; April 1, 2001.2001; 2
Readopted Eff. . 3
4
5
AGENDA ITEM 5
126 of 131
15A NCAC 02Q .0809 is proposed for readoption as a repeal as follows: 1
2
15A NCAC 02Q .0809 CONCRETE BATCH PLANTS 3
(a) This Rule applies to concrete batch plants that use fabric filters or equivalently effective control devices to control 4
particulate emissions from the storage silos and the weigh hopper that receives materials from the cement and cement 5
supplemental (mineral admixture) silos. 6
(b) For the purpose of this Rule, potential emissions shall be determined using actual cubic yards of wet concrete 7
produced. 8
(c) Any concrete batch plant that produces less than 1,210,000 cubic yards of wet concrete per year shall be exempted 9
from the requirements of Section .0500 of this Subchapter. 10
(d) The owner or operator of any concrete batch plant exempted by this Rule from Section .0500 of this Subchapter 11
shall submit to the regional supervisors of the appropriate Division regional office by March 1 of each year a report 12
containing the following information: 13
(1) name and location of the concrete batch plant; 14
(2) current air permit number; 15
(3) number of cubic yards of wet concrete produced during the previous calendar year; and 16
(4) signature of the appropriate official as identified in Rule .0304(j) of this Subchapter certifying as to 17
the truth and accuracy of the report. 18
(e) The owner or operator of any concrete batch plant exempted by this Rule from Section .0500 of this Subchapter 19
shall provide documentation of the cubic yards of wet concrete produced to the Director upon request. The owner or 20
operator of a concrete batch plant exempted by this Rule from Section .0500 of this Subchapter shall retain records to 21
document the cubic yards of wet concrete produced per year for the previous three years. 22
(f) For concrete batch plants covered by this Rule, the owner or operator shall report to the Director any exceedance 23
of a requirement of this Rule within one week of its occurrence. 24
25
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 26
Eff. June 1, 2004.2004; 27
Repealed Eff. . 28
29
30
AGENDA ITEM 5
127 of 131
15A NCAC 02Q .0810 is proposed for readoption without substantive changes as follows: 1
2
15A NCAC 02Q .0810 AIR CURTAIN BURNERS 3
(a) This Rule applies to facilities whose only sources requiring a permit is one or more air curtain burners. 4
(b) Any facility whose air curtain burners combust less than 8,100 tons of land clearing debris per year shall be 5
exempted from the requirements of Section .0500 of this Subchapter.15A NCAC 02Q .0500. 6
(c) The owner or operator of any air curtain burner exempted by this Rule from Section .0500 of this Subchapter 15A 7
NCAC 02Q .0500 shall submit to the regional supervisors of the appropriate Division regional office by March 1 of 8
each year a report containing the following information: 9
(1) the name and location of the facility; 10
(2) the quantity of material combusted during the previous calendar year; and 11
(3) the signature of the appropriate official as identified in Rule .0304(j) of this Subchapter responsible 12
official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report. 13
(d) The owner or operator of any facility exempted by this Rule from Section .0500 of this Subchapter 15A NCAC 14
02Q .0500 shall provide documentation of the quantity of material combusted to the Director upon request. The owner 15
or operator of a facility exempted by this Rule from Section .0500 of this Subchapter 15A NCAC 02Q .0500 shall 16
retain records to document the amount of material combusted per year for the previous three years. 17
(e) For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a 18
requirement of this Rule within one week of its occurrence. 19
20
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 21
Eff. December 1, 2005.2005; 22
Readopted Eff. . 23
24
25
AGENDA ITEM 5
128 of 131
15A NCAC 02Q .0901 is proposed for readoption without substantive changes as follows: 1
2
SECTION .0900 – PERMIT EXEMPTIONS 3
4
15A NCAC 02Q .0901 PURPOSE AND SCOPE 5
(a) The purpose of this Section is to define categories of facilities or sources that are exempted from needing a permit 6
under Section .0300 of this Subchapter. pursuant to 15A NCAC 02Q .0300. 7
(b) Sources at a facility required to have a permit under Section .0500 of this Subchapter pursuant to 15A NCAC 02Q 8
.0500 shall not be eligible for exemption under pursuant to this Section. 9
(c) This Section does not apply to activities exempted from permitting under Rule .0102 of this Section.pursuant to 10
15A NCAC 02Q .0102. 11
(d) Coverage under this Section is voluntary. If the owner or operator of a facility or source qualified to be covered 12
under pursuant to a rule in this Section does not want to be covered under pursuant to that rule, hethe owner or operator 13
shall notify the Director in writing that hethe owner or operator does not want histhe facility or source covered under 14
pursuant to this Section. Along with the notification, hethe owner or operator shall submit a permit application 15
according the procedures in Section .0300 of this Section, 15A NCAC 02Q .0300 and the Director shall act on that 16
application following the procedures in Section .0300 of this Subchapter.15A NCAC 02Q .0300. 17
(e) To qualityqualify for exemption under pursuant to this Section, the facility or source shall comply with all the 18
requirements in the applicable rule in this Section. 19
(f) If the Director finds that a facility or source covered under this Section is in violation of the requirements of this 20
Section, hethe Director shall require that facility or source to be permitted under Section .0300 of this Subchapter 21
pursuant to 15A NCAC 02Q .0300 if necessary to obtain or maintain compliance. 22
23
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 24
Eff. January 1, 2005.2005; 25
Readopted Eff. . 26
27
28
AGENDA ITEM 5
129 of 131
15A NCAC 02Q .0902 is proposed for readoption with substantive changes as follows: 1
2
15A NCAC 02Q .0902 TEMPORARY CRUSHERS 3
(a) For the purposes of this Rule, "temporary crusher" means a crusher that willshall not be operated at any one facility 4
or site for more than 12 months. 5
(b) This Rule applies to any temporary crusher that: 6
(1) crushes no more than 300,000 tons at any one facility or site; 7
(2) burns no more than 17,000 gallons of diesel fuel at any one facility or site if it uses: 8
(A) a diesel-fired generator, or 9
(B) a diesel engine to drive the crusher; 10
(3)(2) does not operate at a quarry that has an air permit issued under this Subchapter; 11
(4)(3) continuously uses water spray to control emissions from the crusher; and 12
(5)(4) does not operate at a facility that is required to have a mining permit issued by the Division of 13
Energy, Mineral, and Land Resources. 14
(c) The owner or operator of a temporary crusher and any associated generatorsequipment shall comply with all 15
applicable rules of Subchapter 02D including .0510 (Particulates From Sand, Gravel, Or Crushed Stone Operations), 16
.0516 (Sulfur Dioxide Emissions From Combustion Sources), .0521 (Control Of Visible Emissions), .0524 (New 17
Source Performance Standards, 40 CFR Part 60, Subparts OOO and IIII),OOO), .0535 (Excess Emissions Reporting 18
And Malfunctions), .0540 (Particulates From Fugitive Non-Process Dust), and .1806 (control and prohibition of 19
odorous emissions).(Control and Prohibition of Odorous Emissions). 20
(d) The owner or operator of a temporary crusher shall not cause or allow any material to be produced, handled, 21
transported, or stockpiled so that the ambient air quality standards for particulate matter (PM2.5, PM10, and total 22
suspended particulate) are not exceeded beyond the property line. 23
(e) The owner or operator of a temporary crusher shall maintain records of the amount of material crushed and the 24
quantity of fuel burned in the diesel-fired generator or engine so that the Division can determine upon review of these 25
records that the crusher qualifies to be covered under this Rule. 26
(f) The owner or operator of a temporary crusher shall label each crusher, hopper, feeder, screen, conveyor, elevator, 27
and generator with a permanent and unique identification number. 28
(g) If a source is covered under subject to 15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO), the owner or 29
operator of a temporary crusher shall submit to the Director notifications and test reports required under pursuant to 30
15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO). 31
(h) If the Director or histheir authorized representative requests copies of notifications or testing records required 32
under pursuant to 15A NCAC 02D .0524 (40 CFR Part 60, Subpart OOO), the owner or operator of a temporary 33
crusher shall submit the requested notifications or testing records within two business days of such a request. 34
(i) If a source is covered under 15A NCAC 02D .0524 (40 CFR Part 60, Subpart IIII), the owner or operator of a 35
compression ignition internal combustion engine (CI ICE) for a temporary crusher shall submit to the Director 36
notifications required under 15A NCAC 02D .0524 (40 CFR Part 60, Subpart IIII). 37
AGENDA ITEM 5
130 of 131
(j) If the Director or his authorized representative requests copies of notifications or testing records required under 1
15A NCAC 02D .0524 (40 CFR Part 60, Subpart IIII), the owner or operator of a compression ignition internal 2
combustion engine (CI ICE) for temporary crusher shall submit the requested notifications or testing records within 3
two business days of such a request. 4
(k)(i) If the owner or operator of a crusher plans or has the design potential to operate a crusher at a facility or site for 5
more than twelve months, hethe owner or operator shall apply for and shall have received an air quality permit issued 6
under pursuant to this Subchapter before beginning operations. 7
8
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 9
Eff. January 1, 2005; 10
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 2009.2009; 11
Readopted Eff. . 12
13
14
AGENDA ITEM 5
131 of 131
15A NCAC 02Q .0903 is proposed for readoption without changes as follows: 1
2
15A NCAC 02Q .0903 EMERGENCY GENERATORS AND STATIONARY RECIPROCATING 3
INTERNAL COMBUSTION ENGINES 4
(a) For the purposes of this Rule, the following definitions apply: 5
(1) "Emergency generator" means an emergency stationary reciprocating internal combustion engine as 6
defined in 40 CFR 63.6675. 7
(2) "Stationary reciprocating internal combustion engine" shall be defined as set forth in 40 CFR 8
63.6675. 9
(b) This Rule applies to emergency generators and stationary reciprocating internal combustion engines at a facility 10
whose only sources that would require a permit are emergency generators and stationary reciprocating internal 11
combustion engines whose facility-wide actual emissions are less than 100 tons per calendar year of any regulated 12
pollutant, 10 tons per calendar year of any hazardous air pollutant, or 25 tons per calendar year of any combination of 13
hazardous air pollutants. 14
(c) The owner or operator of emergency generators and stationary reciprocating internal combustion engines regulated 15
pursuant to this Rule shall comply with 15A NCAC 02D .0516, .0521, .0524, and .1111. 16
(d) The owner or operator of emergency generators and stationary reciprocating internal combustion engines regulated 17
pursuant to this Rule shall provide the Director with documentation, upon request, that the emergency generators and 18
stationary reciprocating internal combustion engines meet the applicability requirements set forth in Paragraph (b) of 19
this Rule. 20
21
History Note: Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108; 22
Eff. June 1, 2008; 23
Amended Eff. June 13, 2016.2016; 24
Readopted Eff. . 25
26
27
28
AGENDA ITEM 5