Agenda Item II-1_PowerPoint

Department of Environmental Quality
Revisions to Synthetic Minor Permit Public Notice Requirements
Air Quality Committee Meeting –July 13, 2022
Background
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Department of Environmental Quality
•In July 2021, the U.S. EPA Office of Inspector General (OIG) released a report summarizing an audit of 16 natural gas extraction industry synthetic minor source permits from Oklahoma and Colorado.
•As part of the audit, OIG found that some states do not currently include synthetic minor source permits in the public participation process, as required by 40 CFR 51.161.
•OIG recommended that EPA identify all state, local, and tribal agencies with CAA permit programs that do not adhere to the public participation requirements for synthetic minor facilities and take appropriate steps to assure adherence.
Report 21-P-0175, EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits Adhere to EPA Guidance,
July 8, 2021, U.S. EPA Office of Inspector General
Background
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Department of Environmental Quality
EPA Office of Air and Radiation (OAR) provided the following response to the
OIG recommendation:
•OAR and EPA Regional Offices will identify agencies with program
regulations that do not meet applicable EPA regulations and guidance
with respect to public participation for synthetic minor permitting.
Planned completion date: July 2022.
•OAR will take the appropriate corrective steps for the identified agencies,
potentially including informal engagement.
Planned completion date: December 2023.
Background
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Department of Environmental Quality
North Carolina Requirements
•Synthetic minor facilities are issued permits under the minor source permitting
procedures in 15A NCAC 02Q .0300.
•Except as specifically listed in 15A NCAC 02Q .0306(a), North Carolina’s air
quality rules do not currently require public notice for minor source permits
issued under 15A NCAC 02Q .0300.
Concept
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Department of Environmental Quality
DAQ is proposing revisions to the public notice requirements in 15A NCAC 02Q .0300 to provide opportunity for public participation in the permitting process for synthetic minor facilities.
Progress and Next Steps
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Department of Environmental Quality
Progress:
•DAQ has reviewed the rule history and researched the equivalent requirements in
neighboring States’ regulations.
•DAQ has informed EPA Region 4 of its intent to revise the rules for synthetic minor
facility permits.
Next Steps…
•DAQ will continue to correspond with EPA to remain informed of any further guidance
regarding minor source permit public notice requirements.
Department of Environmental Quality
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Tentative Rulemaking Timeline(Subject to Change)
7/13/2022 Concept to Air Quality Committee (AQC)
•Sept 2022 Draft Rules to AQC
•Nov 2022 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC)
•Dec 2022-Feb 2023 Public Comment Period and Hearing
•March/May 2023 Adoption by EMC
•April/June 2023 Rules Review Commission Approval
•May/July 2023 Tentatively Effective
Contact
Department of Environmental Quality
Katherine Quinlan, EIT
Rule Development Branch
NC Division of Air Quality
919 707 8702 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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