PowerPoint

Department of Environmental Quality
Rule Readoption Cleanup –Part B
Air Quality Committee Meeting –November 9, 2022
Overview
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Department of Environmental Quality
•The Rule Readoption Cleanup project began early 2022 following staff identification of several
readopted rules containing minor errors while working with the rules for other purposes.
•An internal and external stakeholder outreach effort began in February 2022, ending May 2022.
•Over 30 rules were identified during this process as requiring further attention. The scope for the
cleanup is restricted to changes which will not increase or decrease regulatory burdens;
therefore, the corresponding Regulatory Impact Analysis (RIA), as reviewed by the Office of
State Budget and Management (OSBM), will result in a net zero impact on the state.
•Part B is a group of seventeen rules which focus on clarification amendments, not simply
grammatical corrections. These issues were either introduced or carried forward inadvertently
during the rule readoption process.
•The OSBM approved the RIA for Readoption Cleanup Part B was approved on Wednesday
October 19, 2022.
•Readoption Cleanup Part A was incorporated into the NCAC on October 1, 2022.
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Department of Environmental Quality
Rule Summary
Q .0102 Restored (g)(13) using the language erroneously deleted
D .0503 Corrected “in” to “under” in (a)(3)(B)
D .0506 Corrected Paragraph (e), spacing added around the equation for ease of reading
D .0532 Corrected (c)(3) “PM2.5” and “PM10” to match with (c)(4)
D .0613 Corrected Paragraph (c) - no longer is this method a proposal, it is codified
D .0614 Corrected Paragraph (a) “potential to emit” to “potential emissions”
Q .0706 Restored language “or .0500” which was cut off during the rule drafting process
D .0918 Clarified Paragraph (c)
D .0926 Reference(s) to .0960 updated
D .0927 Reference(s) to .0960 updated
D .0928 Definition added for clarity to stakeholders, Corrected Typos
D .0932 Reference(s) to .0960 updated
D .0960 Repeal – EPA request as redundant record keeping
D .0961 Clarified (l)(4)
D .0964 Removed the typo “1”, edited definition to match EPA definition “a pump forces….”
D .1403 Corrected Paragraph/Subparagraph notation throughout, Clarified (d)(1)
D .1708 Corrected Typos & Clarification of spacing

15A NCAC 02Q .0102
Activities Exempted from Permit Requirements
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Department of Environmental Quality
Stakeholders provided comment on the beginning of paragraph (g)(13), which was inadvertently cutoff as it had been both underlined and strikethrough during readoption editing. The rule has been revised to revert to the original language:
(g) The following activities shall not require a permit or permit modification pursuant to 15A NCAC 02Q .0300:…(13)solid waste landfills: This does not apply to flares and other sources of combustion at solid waste landfills. These flares and other combustion sources shall obtain a permit pursuant to 15A NCAC 02Q .0300 unless they qualify for another exemption pursuant to this Paragraph; or…
This change clarifies the intention to exempt landfills from permitting if they are not large enough in size and volume to qualify as a Title V facility in accordance with the New Standard Source Performance Standard (NSPS).
15A NCAC 02D .0532
Sources Contributing to an Ambient Violation
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Department of Environmental Quality
During the readoption process the phrase “particulate matter” was removed from Subparagraph (c)(3) with the intention to replace it with the more accurate pollutant terms “PM2.5” and “PM10” as is reflected in the current Subparagraph (c)(4) list.
(3)emission of pollutants other than sulfur dioxide, PM2.5, nitrogen oxides, and carbon monoxide; monoxide, and PM10;(4)a new or modified source whose impact will not increase more than:(D)0.3 µg/m3 of PM2.5 on an annual basis;(E)1.2 µg/m3 of PM2.5 on a 24-hour basis;(I)1.0 µg/m3 of PM10 on an annual basis; or(J)5 µg/m3 of PM10 on a 24-hour basis
Now the rule reads clearly with the appropriate pollutant notations as was intended.
15A NCAC 02D .0928
Gasoline Service Stations Stage 1
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Department of Environmental Quality
Because the compliance group which utilizes this rule regularly receives questions from stakeholders about “motor vehicle” for stage one vapor recovery at refueling stations, staff believed it would be a service to the regulated community to include the pertinent definition within the rule.
(8)“Motor Vehicle” means every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle not including mopeds or electric assisted bicycles in accordance with N.C. Gen. Stat. 20-4.01.
The new definition is based on the statutory language in N.C. Gen. Stat. 20-4.01 and captures the on-road motor fleet as intended for this rule.
Repeal: 15A NCAC 02D .0960
Cargo Tank Leak Tester Report
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Department of Environmental Quality
•Because the rule readoption package for Group 6 included over 100 rules and the comments were unpredictable, both Rules .0932 and .0960 were included to ensure the record keeping requirements for cargo tank owners were retained regardless of the process outcome.
•Now the requirements in this rule are duplicative of the record keeping requirements for cargo tank owners found in Rule .0932. Rule .0960 is no longer necessary due to the changes to the statewide sticker inspection program for cargo tanks.
•Previously, under the state managed sticker program, the Rule .0932 language for record keeping applied to inspection facilities, but during the rule readoption process the language was revamped to focus on the cargo tank owners and their obligations regarding vapor leak inspections.
•This obligation included the record keeping requirements from Rule .0960, and so the exact language from Rule .0960 was incorporated into Rule .0932 verbatim. Therefore, the entirety of Rule .0960 is now redundant.
Department of Environmental Quality
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Tentative Rulemaking Timeline(Subject to Change)
March 2022 Concept Presented to the Air Quality Committee (AQC)
November 2022 Draft Rules & RIA to the Air Quality Committee (AQC)
•January 2023 Draft Rules & RIA to the Environmental Management Commission (EMC)
•March/April 2023 Draft Rules & RIA Public Hearing scheduled during the Public Comment Period
•May 2023 Draft Rules & RIA Hearing Record to the Environmental Management Commission (EMC) for final approval.
•July 2023 Draft Rules & RIA to the Rules Review Committee (RRC)
Recommendation
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Department of Environmental Quality
The Director recommends the Committee approve the proposed rule amendments
and regulatory impact analysis for rules 15A NCAC 02Q .0102, and .0706, and
15A NCAC 02D .0503, .0506, .0532, .0613, .0614, .0918, .0926, .0927, .0928,
.0932, .0961, .0964, .1403, and.1708 and repeal of 15A NCAC 02D .0960 for
presentation to the EMC for approval to proceed to public comment.
Reference Links
•Approved RIA
•https://www.osbm.nc.gov/documents/files/DEQ_2022-10-19
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Contact
Department of Environmental Quality
Carrie Pickett
Rule Development Branch
NC Division of Air Quality
919 707 8463 office
[e-mail]
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Katie Quinlan
Rule Development Branch Supervisor
NC Division of Air Quality
919 707 8702 office
[e-mail]
Department of Environmental Quality
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