Agenda Item II-1_Rule 02D 0516 PowerPoint

Department of Environmental Quality
Revisions to Rule 02D .0516
Air Quality Committee Meeting –May 11, 2022
Proposal
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Department of Environmental Quality
The DAQ is proposing to amend
15A NCAC 02D .0516 to clarify that
the use of supplemental fuel to
increase the heating value beyond
what is needed for combustion is
not a means for compliance with
the 2.3 lb/MMBtu sulfur dioxide
standard.
Background
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Department of Environmental Quality
•The Clean Air Act required the EPA to set national ambient air quality standards (NAAQS) for sulfur dioxide and five other pollutants considered harmful to public health and the environment.
•The State adopted these ambient standards on February 1, 1976, in 15A NCAC 02D .0400, Ambient Air Quality Standards. In addition, the State adopted emission control standards for these pollutants, including a SO2 emission standard in 15A NCAC 02D .0516.
•The original SO2 emission standard required new sources constructed after 7/1/1971 to limit SO2 emissions to less than or equal to 1.6 lb/MMBtu, and existing sources to limit SO2 emissions to less than or equal to 2.3 lb/MMBtu.
•On April 1, 1977, the Rule was amended to the current standard of 2.3 lb/MMBtu for both new and existing sources. This standard was determined to be adequate to attain and maintain the Federal ambient air quality standards.
Background Continued
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Department of Environmental Quality
•On November 18, 2021, a request for a declaratory ruling pursuant to NCGS §
150B-4 came before the Environmental Management Commission.
•The petition sought a ruling as to the interpretation of 15A NCAC 02D .0516 as it
relates to the use of supplemental fuel.
•The Commission concluded that the plain language of the Rule does not prohibit
the use of supplemental fuels, including natural gas purchased from a utility, to
increase the heating value of flared waste biogas to enhance oxidation and to
endeavor compliance with 2D .0516.
Concept
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Department of Environmental Quality
The revisions proposed in this rulemaking are primarily to
provide clarity and consistency with the Division of Air
Quality’s position that the use of supplemental fuel
beyond what is needed for combustion is not a means for
compliance with 15A NCAC 02D .0516.
Progress and Next Steps
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Department of Environmental Quality
Progress:
•A work group consisting of DAQ staff from the Planning, Permitting, Compliance, and Regional Offices met to discuss the Rule and revised language to address the use of supplemental fuel for compliance.
Next Steps…
•The DAQ Planning staff will draft a revised Rule with the suggested language provided by the work group.
•The DAQ Planning staff will prepare a Regulatory Impact Analysis and submit to the Office of State Budget and Management (OSBM) for approval.
•The proposed Rule and Regulatory Impact Analysis will be presented at the next Air Quality Committee meeting in July.
Department of Environmental Quality
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Tentative Rulemaking Timeline(Subject to Change)
May 2022 Concept Presented to Air Quality Committee (AQC)
•July 2022 Draft Rules to Air Quality Committee (AQC)
•September 2022 Request to Proceed to Comment Period and Hearing Environmental Management Commission (EMC)
•Oct-Nov 2022 Public Comment Period and Hearing Scheduled
•January 2023 Adoption by Environmental Management Commission (EMC)
•February 2023 Rules Review Commission (RRC) Approval
•3/1/2023 Tentatively Effective
Contact
Department of Environmental Quality
Bradley Nelson
Rule Development Branch
NC Division of Air Quality
919 707 8705 office
[e-mail]
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Patrick Knowlson, EIT
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8711 office
[e-mail]
Department of Environmental Quality
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