III-1_Proposed Rule Revisions to 02Q .0300 and .0500_S.L. Permit Review Timelines

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15A NCAC 02Q .0303 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0303 DEFINITIONS 3
For the purposes of this Section, the following definitions apply: 4
(1) "Complete application" means an application that is administratively complete, as defined in G.S. 5
143-213, and provides all information necessary to determine compliance with all applicable federal 6
and State requirements. 7
(1)(2) "Modified facility" means a modification of an existing facility or source and: 8
(a) the permitted facility or source is being modified in such a manner as to require a new or 9
reissued permit pursuant to this Section; or 10
(b) a new source is being added in such a manner as to require a new or reissued permit 11
pursuant to this Section. 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)(3) "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)(4) "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)(5) "Responsible official" means one of the following: 19
(a) for a corporation: a president, secretary, treasurer, or vice-president of the corporation who 20
is in charge of a principal business function; any other person who performs similar policy 21
or decision-making functions for the corporation; or a duly-authorized representative of 22
such a 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 twenty-five million dollars ($25,000,000) (in second 27
quarter 1980 dollars); or 28
(ii) the delegation of authority to such representatives is approved in advance by the 29
permitting authority; 30
(b) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; or 31
(c) for a municipality, State, federal, or other public agency: either a principal executive officer 32
or ranking elected official. A principal executive officer of a federal agency includes the 33
chief executive officer having responsibility for the overall operations of a principal 34
geographic unit of the agency (e.g., a Regional Administrator of EPA). 35
(5)(6) "Title IV source" means a source that is required to be permitted pursuant to 15A NCAC 02Q .0400. 36
(6)(7) "Title V source" means a source that is required to be permitted pursuant to 15A NCAC 02Q .0500. 37
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1
History Note: Authority G.S. 143-213; 143-215.3(a)(1); 2
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 3
becomes effective, whichever is sooner; 4
Eff. July 1, 1994; 5
Readopted Eff. April 1, 2018.2018; 6
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 7
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 8
Protection Agency has approved the amended rule into the North Carolina State Implementation 9
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 10
11
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15A NCAC 02Q .0304 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0304 APPLICATIONS 3
(a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained and 4
shall be filed according to 15A NCAC 02Q .0104. 5
(b) Information to accompany application. Along with filing a complete application form, the applicant shall also file 6
the completed applicable application forms, the application shall contain 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 zoning or subdivision 11
ordinances are met by the facility; 12
(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and 13
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; 14
(3) for permit renewal, an emissions inventory that contains the information specified pursuant to 15A 15
NCAC 02D .0202 using emission inventory forms or electronic data systems provided by the 16
Division; and 17
(4) documentation showing the applicant complies with Parts (A) or (B) of this Subparagraph if this 18
information is necessary to evaluate the source, its air pollution abatement equipment, or the facility: 19
(A) the applicant is financially qualified to carry out the permitted activities; or 20
(B) the applicant has substantially complied with the air quality and emissions standards 21
applicable to any activity in which the applicant has previously been engaged, and has been 22
in substantial compliance with federal and State environmental laws and rules. 23
(c) When to file application. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531, applicants 24
shall file air permit applications no less than 180 days before the projected construction date. For other sources, 25
applicants shall file air permit applications no less than 90 days before the projected date of construction of a new 26
source or modification of an existing source. 27
(d) Permit renewal, name, or ownership changes with no modifications. If no modification has been made to the 28
originally permitted source, application for permit change may be made by application to the Director as specified in 29
15A NCAC 02Q .0104. The permit renewal, name, or ownership change application shall state that there have been 30
no changes in the permitted facility since the permit was last issued. 31
To make a name or ownership change, the applicant shall send the Director the content specified in 15A NCAC 02Q 32
.0305(3) or (4) signed by the responsible official as defined in 15A NCAC 02Q .0303. 33
(e) Applications for date and reporting changes. Application for changes in construction or test dates or reporting 34
procedures may be made by letter to the Director as specified in 15A NCAC 02Q .0104. To make changes in 35
construction or test dates or reporting procedures, the applicant shall send the Director the letter specified in 15A 36
NCAC 02Q .0305(5) signed by the responsible official as defined in 15A NCAC 02Q .0303. 37
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(f) When to file applications for permit renewal. Applicants shall file applications for renewals as specified in 15A 1
NCAC 02Q .0104 no less than 90 days before expiration of the permit. If a hard copy of the application is mailed to 2
the Director, the application shall be postmarked no later than 90 days before expiration of the permit. 3
(g) Name or ownership change. The permittee shall file requests for permit name or ownership changes when the 4
permittee is aware of the name or ownership change. 5
(h) Requesting additional information. Whenever the information provided on the permit application forms does not 6
adequately describe the source or its air cleaning device, the Director may request that the applicant provide other 7
information to evaluate the source or its air cleaning device. Before acting on a permit application, the Director may 8
request information from an applicant and conduct an inquiry or investigation to determine compliance with standards. 9
(i) Application fee. With the exceptions specified in 15A NCAC 02Q .0203(i), .0203(l), a non-refundable permit 10
application processing fee shall accompany the application. The permit application processing fees are listed in 15A 11
NCAC 02Q .0200. A permit application shall be incomplete until the permit application processing fee is received. 12
(j) Correcting submittals of incorrect information. An applicant shall have a continuing obligation to submit relevant 13
facts pertaining to his or her permit application and to correct incorrect information in his or her permit application. 14
(k) Retaining copy of permit application package. The applicant shall retain during the permit term one complete 15
copy of the application package and the information submitted in support of the application package. 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 is 19
effective, whichever is sooner; 20
Eff. July 1, 1994; 21
Amended Eff. September 1, 2015; January 1, 2009; December 1, 2005; July 1, 1999; 22
Readopted Eff. April 1, 2018; 23
Amended Eff. September 1, 2023. 24
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 25
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 26
Protection Agency has approved the amended rule into the North Carolina State Implementation 27
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 28
29
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15A NCAC 02Q .0305 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit the following information with the application package, the application package shall 4
be considered incomplete for processing: and not accepted by the Division for processing: 5
(1) for new facilities and modified facilities: 6
(a) an application fee required pursuant to 15A NCAC 02Q .0200; 7
(b) a zoning consistency determination required pursuant to15A NCAC 02Q .0304(b)(1); 8
(c) the documentation required pursuant to 15A NCAC 02Q .0304(b)(2) if required; 9
(d) a financial qualification or substantial compliance statement pursuant to 15A NCAC 02Q 10
.0507(d)(3), if required; and 11
(e) applications application forms required and submitted pursuant to 15A NCAC 02Q 12
.0304(a) and signed by the responsible official; 13
(2) for renewals: the application required pursuant to 15A NCAC 02Q .0304(a) and (d), signed by the 14
responsible official, and an emissions inventory that contains the information specified pursuant to 15
15A NCAC 02D .0202, Registration of Air Pollution Sources; 16
(3) for a name change: a letter signed by the responsible official indicating the current facility name, 17
the date on which the name change will occur, and the new facility name; 18
(4) for an ownership change: an application fee required pursuant to 15A NCAC 02Q .0200 and: 19
(a) a letter signed by the seller and the buyer, indicating the change; 20
(b) a letter bearing the signature of both the seller and buyer, containing a written agreement 21
with a specific date for the transfer of permit responsibility, coverage, and liability between 22
the current and new permittee; or 23
(c) submit the form provided by the Division pursuant to 15A NCAC 02Q .0104; and 24
(5) for corrections of typographical errors; changes in name, address, or telephone number of the 25
individual identified in the permit; changes in test dates or construction dates; or similar minor 26
changes: a letter signed by the responsible official describing the proposed change and explaining 27
the need for the proposed change. 28
29
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 30
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 31
becomes effective, whichever is sooner; 32
Eff. July 1, 1994; 33
Amended Eff. December 1, 2005; April 1, 2004; 34
Readopted Eff. April 1, 2018; 35
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 36
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 37
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Protection Agency has approved the amended rule into the North Carolina State Implementation 1
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.); 2
September 1, 2023. 3
4
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15A NCAC 02Q .0312 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0312 APPLICATION PROCESSING SCHEDULE 3
(a) The Division shall adhere to the following schedule schedules of this Paragraph for processing applications for 4
permits, permit modifications, permits and permit renewals renewals: submitted pursuant to this Section. The 5
schedules of this Paragraph shall only apply to applications for permit modifications as specified in Paragraph (b) of 6
this Rule. 7
(1) for For permit applications, except for applications that do not require review for prevention of 8
significant deterioration pursuant to 15A NCAC 02D .0530 and or case-by-case maximum 9
achievable control technology pursuant to 15A NCAC 02D .1109 or .1112: .1112, the Division shall 10
follow the procedures of Parts (a)(1)(A) through (F) of this Rule. 11
(A) Within 10 days of receiving an application, the The Division shall send the applicant 12
written acknowledgment of receipt of the permit application application. The 13
acknowledgement letter shall also state whether the application is accepted for processing. 14
Applications containing the minimum processing elements of 15A NCAC 02Q .0305 shall 15
be accepted for processing. If the application does not contain the minimum processing 16
elements of 15A NCAC 02Q .0305, the acknowledgement letter shall state to the applicant 17
within 10 days of receipt of the application. that the application is not accepted for 18
processing and shall list the application elements of 15A NCAC 02Q .0305 that are missing 19
from the application package. 20
(B) For applications accepted for processing by the Division pursuant to Part (a)(1)(A) of this 21
Rule, the The Division shall review all permit applications within 45 days of receipt of the 22
application to determine whether the application if it is a complete application. or 23
incomplete for processing purposes. Within 45 days of receiving the application, The the 24
Division shall notify the applicant in writing that: 25
(i) the application as submitted is complete and complete, specifying the 26
completeness date, date; 27
(ii) the application is incomplete, requesting additional information necessary to 28
make the application complete, and specifying the deadline date by which the 29
requested information is to shall be received by the Division, Division to deem 30
the application complete; or 31
(iii) the application is incomplete incomplete, requesting that the applicant rewrite and 32
resubmit the application. 33
If the Division does not notify the applicant in writing within 45 days of receipt of the an 34
accepted 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 later in the review process if such information is 37
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necessary to properly evaluate the source, its air pollution abatement equipment, or the 1
facility. If the applicant has not provided the requested additional information by the date 2
specified in a written request for additional information, information pursuant to Subpart 3
(ii) of this Part, the Director shall cease processing the application until additional 4
information is provided. The applicant may request a time extension for submittal of the 5
requested additional information. 6
(C) The Division shall determine within 45 days of receipt of a complete application if any 7
additional information is needed to conduct the technical review of the application. A 8
technical completeness determination shall not prevent the Director from requesting 9
additional information at a later date if such information is necessary to properly evaluate 10
the source, its air pollution abatement equipment, or the facility. The Division shall 11
complete the technical review within 90 days of receipt of a complete application or 10 12
days after receipt of requested additional information, whichever is later. 13
(D)(C) If the draft permit is not required to go to public notice or to public hearing, the Director 14
shall issue or deny the permit within 90 days of receipt of a complete application or 10 15
days after receipt of requested additional information, whichever is later. 16
(E)(D) If the draft permit is required to go to public notice with a an request for opportunity to 17
request a for public hearing pursuant to 15A NCAC 02Q .0306(a), the Director shall: 18
(i) send publish the draft permit to for public notice within 90 days after receipt of a 19
complete application; and 20
(ii) complete the review of the record and take final action on the permit within 30 21
days after the close of the public comment period. 22
(F)(E) If the draft permit is required to go to public hearing as a result of a request for public 23
hearing pursuant to 15A NCAC 02Q .0306 or .0307, .0307(e), the Director shall: 24
(i) send the draft permit to public hearing within 45 days after approving the request 25
for the public hearing; and 26
(ii) complete the review of the record and take final action on the permit within 30 27
days after the close of the public hearing. 28
(2) for For permit applications for prevention of significant deterioration pursuant to 15A NCAC 02D 29
.0530, the processing schedules are set out in that Rule. 30
(3) for For permit applications for case-by-case maximum achievable control technology pursuant to 31
15A NCAC 02D .1109 or .1112: .1112 that are not permit modification applications, the processing 32
schedules and procedures of Parts (A) through (E) of this Subparagraph shall apply. 33
(A) Within 10 days of receiving an application the The Division shall send the applicant written 34
acknowledgment of receipt of the permit application application. The acknowledgement 35
letter shall also state whether the application is accepted for processing. Applications 36
containing the minimum processing elements of 15A NCAC 02Q .0305 shall be accepted 37
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for processing. If the application does not contain the minimum processing elements of 1
15A NCAC 02Q .0305, the acknowledgement letter shall state to the applicant within 10 2
days of receipt of the application. that the application has not been accepted for processing 3
and shall list the application elements of 15A NCAC 02Q .0305 that are missing from the 4
application package. 5
(B) For applications accepted by the Division pursuant to Part (A) of this Subparagraph, the 6
The Division shall review all permit applications within 45 days of receipt of the 7
application to determine whether the application if it is a complete application. or 8
incomplete for processing purposes. The Within 45 days of receiving the application, the 9
Division shall notify the applicant in writing that: 10
(i) the application as submitted is complete and complete, specifying the 11
completeness date, date; 12
(ii) the application is incomplete, requesting additional information necessary to 13
make the application complete, and specifying the deadline date by which the 14
requested information is to shall be received by the Division, Division to 15
determine the application as complete; or 16
(iii) the application is incomplete incomplete, requesting that the applicant rewrite and 17
resubmit the application. 18
If the Division does not notify the applicant in writing within 45 days of receipt of the an 19
accepted application that the application is incomplete, the application shall be deemed 20
complete. A completeness determination shall not prevent the Director from requesting 21
additional information at a later date later in the review process if such information is 22
necessary to properly evaluate the source, its air pollution abatement equipment, or the 23
facility. If the applicant has not provided the requested additional information by the date 24
specified in the letter requesting additional information, information pursuant to Subpart 25
(ii) of this Part, the Director shall cease processing the application until additional 26
information is provided. The applicant may request a time extension for submittal of the 27
requested additional information. 28
(C) The Division shall determine within 60 days of receipt of a complete application if any 29
additional information is needed to conduct the technical review of the application. A 30
technical completeness determination shall not prevent the Director from requesting 31
additional information at a later date if such information is necessary to properly evaluate 32
the source, its air pollution abatement equipment, or the facility. The Division shall 33
complete the technical review within 120 days of receipt of a complete application or 10 34
days after receipt of requested additional information, whichever is later. 35
(D)(C) The Director shall: 36
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(i) send publish the draft permit to for public notice within 120 days after receipt of 1
a complete application or 10 days after receipt of requested additional 2
information, whichever is later; and 3
(ii) complete the review of the record and take final action on the permit within 30 4
days after the close of the public comment period. 5
(E)(D) If the draft permit is required to go to public hearing as a result of a request for public 6
hearing pursuant to 15A NCAC 02Q .0306 or .0307, .0307(e), the Director shall: 7
(i) send the draft permit to public hearing within 45 days after approving the request 8
for the public hearing; and 9
(ii) complete the review of the record and take final action on the permit within 30 10
days after the close of the public hearing. 11
The days that fall between sending out a written notification requesting additional information and receiving that 12
additional information shall not be counted in the schedules pursuant to this Paragraph. 13
(b) The days that fall between sending out a written notification requesting additional information and receiving that 14
additional information shall not be counted in the schedules pursuant to Paragraph (a) of this Rule. 15
(b) For permit modification applications reviewed pursuant to this Section, the Division shall adhere to the processing 16
schedule of this Paragraph. 17
(1) The Division shall send written acknowledgement of receipt and acceptance or non-acceptance of 18
permit modification applications using the procedures and timelines Part (a)(1)(A) or (a)(3)(A) of 19
this Rule, as applicable. 20
(2) For permit modification applications that are accepted for processing by the Division pursuant to 21
Subparagraph (1) of this Paragraph, the Division shall notify the applicant of the completeness 22
determination of the application using the procedures and timelines of Part (a)(1)(B) or (a)(3)(B) of 23
this Rule, as applicable. 24
(3) Within 90 calendar days of the application completeness date pursuant to Subparagraph (2) of this 25
Paragraph, the Director shall take one of the following actions: 26
(A) If the draft permit is not required to go to public notice or to public hearing, the Director 27
shall issue or deny the permit. 28
(B) If the draft permit is required to go to public notice with an opportunity to request a public 29
hearing pursuant to 15A NCAC 02Q .0306 or .0307, the Director shall publish the draft 30
permit for public notice within 90 calendar days of receipt of a complete application, and 31
shall complete the review of the record and take final action on the permit within the 32
timeline specified in Subpart (a)(1)(D)(ii) or (a)(3)(C)(ii) of this Rule, as applicable. 33
(4) If the draft permit is required to go to public hearing as a result of a request for public hearing 34
pursuant to 15A NCAC 02Q .0306 or .0307, the Director shall follow the procedures and timelines 35
of Part (a)(1)(E) or (a)(3)(D) of this Rule, as applicable. 36
(c) The Director shall cease processing an application that contains insufficient information to complete the review. 37
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1
History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 2
Eff. February 1, 1995; 3
Amended Eff. July 1, 1998; 4
Readopted Eff. April 1, 2018.2018; 5
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 6
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 7
Protection Agency has approved the amended rule into the North Carolina State Implementation 8
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 9
10
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15A NCAC 02Q .0503 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0503 DEFINITIONS 3
For the purposes of this Section, the definitions in G.S. 143-212, G.S. 143-213, 15A NCAC 02Q .0103, and the 4
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 unless the applicant can demonstrate that the ambient impact in 12
the contiguous states or local air pollution control agencies is less than the 13
incremental ambient levels in 15A NCAC 02D .0532(c)(5); or 14
(b) within 50 miles of the permitted facility. 15
(2) "Complete application" means an application that is administratively complete, as defined in G.S. 16
143-213, and provides all information described in 40 CFR 70.5(c) and such other information that 17
is necessary to determine compliance with all applicable federal and State requirements. 18
(3) "Draft permit" means the version of a permit that the Division offers for public participation 19
pursuant to 15A NCAC 02Q .0521 or affected state review pursuant to 15A NCAC 02Q .0522. 20
(4) "Emissions allowable under the permit" means an emissions limit, including a work practice 21
standard, established by a federally enforceable permit term or condition, or a federally enforceable 22
emissions cap that the facility has assumed to avoid an applicable requirement to which the facility 23
would otherwise be subject. 24
(5) "Final permit" means the version of a permit that the Director issues that has completed all review 25
procedures required pursuant to this Section if the permittee does not file a petition pursuant to 26
Article 3 of G.S. 150B that is related to the permit. 27
(6) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 28
chimney, vent, or other functionally-equivalent opening. 29
(7) "Insignificant activities because of category" means: 30
(a) mobile sources; 31
(b) air-conditioning units used for human comfort that are not subject to applicable 32
requirements pursuant to Title VI of the federal Clean Air Act and do not exhaust air 33
pollutants into the ambient air from any manufacturing or other industrial process; 34
(c) ventilating units used for human comfort that do not exhaust air pollutants into the ambient 35
air from any manufacturing or other industrial process; 36
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(d) heating units used for human comfort that have a heat input of less than 10,000,000 Btu 1
per hour and that do not provide heat for any manufacturing or other industrial process; 2
(e) noncommercial food preparation; 3
(f) consumer use of office equipment and products; 4
(g) janitorial services and consumer use of janitorial products; 5
(h) internal combustion engines used for landscaping purposes; 6
(i) new residential wood heaters subject to 40 CFR Part 60, Subpart AAA; and 7
(j) demolition and renovation activities covered solely pursuant to 40 CFR Part 61, Subpart 8
M. 9
(8) "Insignificant activities because of size or production rate" means any activity whose emissions 10
would not violate any applicable emissions standard and whose potential emission of particulate, 11
sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air 12
pollution control devices, are each no more than five tons per year and whose potential emissions 13
of hazardous air pollutants before air pollution control devices, are each below 1000 pounds per 14
year. 15
(9) "Minor facility" means any facility that is not a major facility. 16
(10) "Operation" means the use of equipment that emits regulated pollutants. 17
(11) "Permit renewal" means the process by which a permit is reissued at the end of its term. 18
(12) "Permit revision" means any permit modification pursuant to 15A NCAC 02Q .0515, .0516, or .0517 19
or any administrative permit amendment pursuant to 15A NCAC 02Q .0514. 20
(13) "Proposed permit" means the version of a permit that the Director proposes to issue and forwards to 21
EPA for review pursuant to 15A NCAC 02Q .0522. 22
(14) "Responsible official" means a responsible official as defined in 40 CFR 70.2. 23
(15) "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. 24
Such changes shall not include changes that would violate applicable requirements or contravene 25
federally enforceable permit terms and conditions that are monitoring, including test methods, 26
recordkeeping, reporting, or compliance certification requirements. 27
(16) "Synthetic minor facility" means a facility that would otherwise be required to follow the procedures 28
of this Section except that the potential to emit is restricted by one or more federally enforceable 29
physical or operational limitations, including air pollution control equipment and restrictions on 30
hours or operation, the type or amount of material combusted, stored, or processed, or similar 31
parameters. 32
(17) "Timely" means: 33
(a) for a new facility or newly subject facility, 12 months from the date that the facility or 34
source becomes subject to the Title V operating permit program pursuant to 15A NCAC 35
02Q .0500; 36
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(b) for renewal of a permit previously issued pursuant to this Section, six months before the 1
expiration of that permit; 2
(c) for a minor modification pursuant to 15A NCAC 02Q .0515, before commencing the 3
modification; 4
(d) for a significant modification pursuant to 15A NCAC 02Q .0516 where the change would 5
not contravene or conflict with a condition in the existing permit, 12 months after 6
commencing operation; 7
(e) for reopening for cause pursuant to 15A NCAC 02Q .0517, as specified by the Director in 8
a request for additional information by the Director; 9
(f) for requests for additional information, as specified by the Director in a request for 10
additional information by the Director; or 11
(g) for modifications made pursuant to Section 112(j) of the federal Clean Air Act, 18 months 12
after EPA fails to promulgate a standard for that category of source pursuant to Section 13
112 of the federal Clean Air Act by the date established pursuant to Section 112(e)(1) or 14
(3) of the federal Clean Air Act. 15
16
History Note: Authority G.S. 143-212; 143-213; 143-215.3(a)(1); 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. July 1, 1996; 21
Temporary Amendment Eff. December 1, 1999; 22
Amended Eff. January 1, 2007; July 1, 2000; 23
Readopted Eff. April 1, 2018; 24
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 25
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 26
Protection Agency has approved the amended rule into the North Carolina State Implementation 27
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.); 28
September 1, 2022. 29
30
31
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15A NCAC 02Q .0505 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT 3
If an applicant does not submit the following information with its application package, the application package shall 4
not be accepted by the Division for processing: returned: 5
(1) for new facilities and modified facilities: 6
(a) an application fee as required pursuant to 15A NCAC 02Q .0200; 7
(b) a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1); 8
.0507(d)(1) or the documentation required pursuant to 15A NCAC 02Q .0507(d)(2); 9
(c) the documentation required pursuant to 15A NCAC 02Q .0507(d)(2); 10
(d)(c) a financial qualification or substantial compliance statement pursuant to 15A NCAC 02Q 11
.0507(d)(3) if required; and 12
(e)(d) applications submitted as required pursuant to 15A NCAC 02Q .0507(a), signed as 13
required by 15A NCAC 02Q .0520; 14
(2) for renewals: applications as required pursuant to 15A NCAC 02Q .0507(a), signed as required by 15
15A NCAC 02Q .0520; 16
(3) for a name change: a letter signed by a responsible official in accordance with 15A NCAC 02Q 17
.0520 indicating the current facility name, the date on which the name change will occur, and the 18
new facility name; 19
(4) for an ownership change: an application fee as required pursuant to 15A NCAC 02Q .0200; and a 20
letter bearing the signature of both the seller and buyer and containing a written agreement with a 21
specific date for the transfer of permit responsibility, coverage, and liability between the current and 22
new permittee; and 23
(5) for corrections of typographical errors; changes of the name, address, or telephone number of an 24
individual identified in the permit; changes in test dates or construction dates; or similar minor 25
changes: administrative changes pursuant to 15A NCAC 02Q .0514: a letter signed by a responsible 26
official in accordance with 15A NCAC 02Q .0520 describing the proposed change and explaining 27
the need for the proposed change. 28
29
History Note: Authority G.S. 143-215.3(a)(1),(1a); 143-215.107(a)(10); 143-215.108; 30
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 31
becomes effective, whichever is sooner; 32
Eff. July 1, 1994; 33
Amended Eff. April 1, 2004; 34
Readopted Eff. April 1, 2018; 35
Amended Eff. September 1, 2023; September 1, 2022. 36
16 of 24
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 1
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 2
Protection Agency has approved the amended rule into the North Carolina State Implementation 3
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 4
5
17 of 24
15A NCAC 02Q .0507 is proposed for amendment as follows: 1
2 15A NCAC 02Q .0507 APPLICATION 3
(a) Except for: 4
(1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515; 5
(2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or 6
(3) renewals submitted pursuant to 15A NCAC 02Q .0513; 7
the owner or operator of a new or existing source shall have 12 months after the facility or source becomes subject to 8
the Title V operating permit program pursuant to 15A NCAC 02Q .0500 to file a complete application for a permit or 9
permit revision. However, the owner or operator of a source shall not begin construction or operation of a source until 10
he or she has obtained a construction and operation permit pursuant to 15A NCAC 02Q .0501(b) or (c) and 15A 11
NCAC 02Q .0504. 12
(b) An application shall include the information described in 40 CFR 70.3(d) and 70.5(c), including a list of 13
insignificant activities because of size or production rate but not including insignificant activities because of category. 14
An application shall be certified by a responsible official for truth, accuracy, and completeness. In an application 15
submitted pursuant to this Rule, the applicant may attach copies of applications submitted pursuant to 15A NCAC 16
02Q .0400 or 15A NCAC 02D .0530 or .0531 if the information in those applications contains information required 17
in this Section and is current, accurate, and complete. 18
(c) Application for a permit, permit revision, or permit renewal shall be made in accordance with 15A NCAC 02Q 19
.0104 on forms of the Division and shall include plans and specifications with complete data and information as 20
required by this Rule. If the information provided on these forms does not describe the source or its air pollution 21
abatement equipment to the extent necessary to evaluate the application, the Director shall request that the applicant 22
provide other information necessary to evaluate the source and its air pollution abatement equipment. 23
(d) Along with filing a complete application, the applicant shall also file the following: The application shall contain 24
a zoning consistency determination, financial qualification demonstration, and substantial compliance statement as 25
specified in Subparagraphs (1) through (3) of this Paragraph. 26
(1) for a new facility or an expansion of existing facility, a consistency determination in accordance 27
with G.S. 143-215.108(f) that: 28
(A) bears the date of receipt entered by the clerk of the local government; or 29
(B) consists of a letter from the local government indicating that zoning or subdivision 30
ordinances are met by the facility; 31
(2) for a new facility or an expansion of an existing facility in an area without zoning, an affidavit and 32
proof of publication of a legal notice as required pursuant to 15A NCAC 02Q .0113; and 33
(3) if required by the Director, information showing that: 34
(A) the applicant is financially qualified to carry out the permitted activities; or 35
(B) the applicant has substantially complied with the air quality and emissions standards 36
applicable to any activity in which the applicant has previously been engaged and has been 37
in substantial compliance with federal and State environmental laws and rules. 38
18 of 24
(e) An applicant who fails to submit relevant facts or submits incorrect information in a permit application shall, upon 1
becoming aware of the failure or incorrect submittal, submit supplementary facts or corrected information to resolve 2
the deficiency. In addition, an applicant shall provide additional information to address requirements to which the 3
source becomes subject after the date the applicant filed a complete application but prior to release of a draft permit. 4
(f) The submittal of a complete permit application shall not affect the requirement that a facility have a permit pursuant 5
to 15A NCAC 02D .0530, .0531, or .0532 or pursuant to 15A NCAC 02Q .0400. 6
(g) The Director shall give priority to permit applications containing early reduction demonstrations pursuant to 7
Section 112(i)(5) of the federal Clean Air Act. The Director shall take final action on these permit applications after 8
receipt of the complete permit application. 9
(h) Except as specified in 15A NCAC 02Q .0203(i), .0203(l), a non-refundable permit application processing fee, 10
defined in 15A NCAC 02Q .0200, shall accompany the application. The permit application shall be deemed 11
incomplete until the permit application processing fee is received. 12
(i) The applicant shall retain during the permit term one complete copy of the application package and the information 13
submitted in support of the application package. 14
15
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 16
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 17
becomes effective, whichever is sooner; 18
Eff. July 1, 1994; 19
Amended Eff. July 1, 1997; July 1, 1996; February 1, 1995; 20
Temporary Amendment Eff. December 1, 1999; 21
Amended Eff. September 1, 2015; April 1, 2004; July 1, 2000; 22
Readopted Eff. April 1, 2018; 23
Amended Eff. Month DD, YYYY; September 1, 2023; September 1, 2022. 24
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 25
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 26
Protection Agency has approved the amended rule into the North Carolina State Implementation 27
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 28
29
19 of 24
15A NCAC 02Q .0515 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0515 MINOR PERMIT MODIFICATIONS 3
(a) The procedures set out in this Rule shall apply to permit modifications if 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, a 8
source-specific determination for temporary sources of ambient impacts, or a visibility or increment 9
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 pursuant 14
to 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 pursuant to any provision of Title I of the federal Clean Air Act; and 18
(6) are not required to be processed as a significant modification pursuant to 15A NCAC 02Q .0516. 19
(b) In addition to the items required pursuant to 15A NCAC 02Q .0505, an application requesting the use of the 20
procedures set out in this Rule shall include: 21
(1) an application form including: 22
(A) a description of the change; 23
(B) the emissions resulting from the change; and 24
(C) identification of any new applicable requirements that will apply if the change occurs; 25
(2) a list of the facility's other pending applications awaiting group processing and a determination of 26
whether the requested modification, aggregated with these other applications, equals or exceeds the 27
thresholds set out in Subparagraphs (c)(1) through (3) of this Rule; 28
(3) the applicant's suggested draft permit; 29
(4) certification by a responsible official that the proposed modification meets the criteria for using the 30
procedures set out in this Rule and a request that these procedures be used; and 31
(5) complete information for the Director to use to notify EPA and affected states. 32
(c) The Director shall may use group processing for minor permit modifications processed pursuant to this Rule. The 33
Director shall notify EPA and affected states of the requested permit revisions pursuant to this Rule and shall provide 34
the information specified in 15A NCAC 02Q .0522 on a quarterly basis. If the aggregated emissions from all pending 35
minor permit modifications equal or exceed: 36
(1) 10 percent of the emissions allowed for the source for which the change is requested; 37
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(2) 20 percent of the applicable definition of major facility; or 1
(3) five tons per year, 2
then the Director shall notify EPA and affected states within five business days of the requested permit revision 3
pursuant to this Rule and provide the information specified in 15A NCAC 02Q .0522. 4
(d) Within 90 calendar days after of receiving a complete an application for a minor permit modification that is 5
accepted by the Division for processing, that exceeds the thresholds in Subparagraphs (c)(1), (2), or (3) of this Rule 6
or 15 days after the end of EPA's 45-day review period, whichever is later, the Director shall: shall take one of the 7
following actions, except that the Director shall not issue a final permit modification until at least 15 days after the 8
end of EPA’s 45-day review period or until EPA has notified the Director that EPA will not object to issuance of the 9
permit modification, whichever occurs first: 10
(1) issue the permit modification as proposed; 11
(2) deny the permit modification application; 12
(3) determine that the requested modification does not qualify for the procedures set out in this Rule 13
and should be processed pursuant to 15A NCAC 02Q .0516; or 14
(4) revise the draft permit modification and transmit the proposed permit to EPA. 15
(e) If the thresholds in Subparagraphs (c)(1), (2), and (3) of this Rule are not exceeded, the Director shall, within 180 16
days after receiving a completed application for a permit modification or 15 days after the end of EPA's 45day review 17
period, whichever is later: 18
(1) issue the permit modification as proposed; 19
(2) deny the permit modification application; 20
(3) determine that the requested modification does not qualify for the procedures set out in this Rule 21
and should be processed pursuant to 15A NCAC 02Q .0516; or 22
(4) revise the draft permit modification and transmit the proposed permit to EPA. 23
(f)(e) The permit applicant may make the change proposed in his minor permit modification application immediately 24
after filing the completed an application with that is accepted by the Division. After the applicant makes the change, 25
the facility shall comply with both the applicable requirements governing the change and the proposed permit terms 26
and conditions until the Director takes one of the final actions specified in Paragraph (d) of this Rule. Between the 27
filing of the permit modification application and the Director's final action, the facility need not comply with the 28
existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed 29
permit terms and conditions during this time period, the Director may enforce the terms and conditions of the existing 30
permit that the applicant seeks to modify, as necessary to ensure protection of air quality. 31
(g)(f) The permit shield allowed pursuant to 15A NCAC 02Q .0512 shall not extend to minor permit modifications. 32
(h)(g) If the State-enforceable only portion of the permit is revised, the procedures in 15A NCAC 02Q. 0300 shall be 33
followed. 34
(i)(h) The proceedings shall affect only those parts of the permit related to the modification. 35
36
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 37
21 of 24
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule 1
becomes effective, whichever is sooner; 2
Eff. July 1, 1994; 3
Amended Eff. July 1, 1997; 4
Readopted Eff. April 1, 2018. 5
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 6
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 7
Protection Agency has approved the amended rule into the North Carolina State Implementation 8
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 9
10
22 of 24
15A NCAC 02Q .0525 is proposed for amendment as follows: 1
2
15A NCAC 02Q .0525 APPLICATION PROCESSING SCHEDULE 3
(a) The Division shall adhere to the following schedule in processing permit applications: 4
(1) Within 10 days of receiving an application, the The Division shall send the applicant written 5
acknowledgment of receipt of an application to the applicant within 10 days of receipt of the 6
application. that the application was received. The acknowledgement letter shall also state whether 7
the application was accepted for processing pursuant to Part (A) of this Subparagraph, or the 8
application is not accepted for processing pursuant to Part (B) of this Subparagraph. 9
(A) For an application that contains the minimum processing elements of 15A NCAC 02Q 10
.0505 and .0507, the acknowledgement letter shall state that the application is accepted by 11
the Division for processing; and 12
(B) For an application that does not contain the minimum processing elements of 15A NCAC 13
02Q .0505 and .0507, the acknowledgement letter shall state that the application is not 14
accepted for processing, indicate the application elements of 15A NCAC 02Q .0505 or 15
.0507 that are missing from the application package, and request that the applicant resubmit 16
the application package. 17
(2) For applications accepted by the Division pursuant to Part (a)(1)(A) of this Rule, the The Division 18
shall review all the permit application applications within 60 days of receipt of the application to 19
determine whether the application is complete or incomplete. A completeness determination shall 20
not be necessary for minor modifications pursuant to 15A NCAC 02Q .0515. The Division shall 21
notify the applicant by letter: in writing that: 22
(a)(A) stating that the application as submitted is complete and complete, specifying the 23
completeness date; 24
(b)(B) stating that the application is incomplete, requesting additional information necessary to 25
make the application complete, conduct the technical review of the application, and 26
specifying the date by which the requested information is required to shall be received by 27
the Division; Division; or 28
(c)(C) stating that the application is incomplete and incomplete, requesting that the applicant 29
rewrite and resubmit the application. 30
If the Division does not notify the applicant by letter dated within 60 days of receipt of the 31
application that the application is incomplete, the application shall be deemed complete. A 32
completeness determination shall not prevent the Director from requesting additional information 33
at a later date if such information is necessary to properly evaluate the source, its air pollution 34
abatement equipment, or the facility. If the applicant has not provided the requested additional 35
information by the date specified in the letter requesting additional information, the Director shall 36
23 of 24
cease processing the application until additional information is provided. The applicant may request 1
a time extension for submittal of the requested additional information. 2
(3) A completeness determination shall not be necessary for, and the completeness determination 3
provisions specified in Subparagraph (a)(2) of this Rule shall not apply to minor modifications 4
submitted pursuant to 15A NCAC 02Q .0515. 5
(4) For all permit application types, a completeness determination shall not prevent the Director from 6
requesting additional information later in the review process if such information is necessary to 7
properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant 8
has not provided the requested additional information by the date specified in a written request for 9
additional information, the Director shall cease processing the application until additional 10
information is provided. The applicant may request a time extension for submittal of the requested 11
additional information. 12
(3) The Division shall complete the technical review of significant modifications received pursuant to 13
15A NCAC 02Q .0516 in accordance with 40 CFR 70.7(e)(4)(ii). 14
(4) The Division shall provide for public participation in accordance with 15A NCAC 02Q .0521. If a 15
public hearing is requested and approved by the Director for a draft permit, it shall be held within 16
45 days of the Director's decision to hold a public hearing. 17
(5) The Director shall complete the review of the record and send the proposed permit to EPA and 18
affected states in accordance with 15A NCAC 02Q .0522. 19
(6) Final permit action shall be taken in accordance with 15A NCAC 02Q .0518. 20
(b) In addition to the schedule in Paragraph (a) of this Rule, the Division shall adhere to the following timelines when 21
processing applications for permit revisions: 22
(1) The Division shall complete the technical review of minor modifications received pursuant to 15A 23
NCAC 02Q .0515. Within 90 calendar days of receipt of an application for a minor permit 24
modification pursuant to 15A NCAC 02Q .0515, the Division shall complete the review of the 25
application and either issue the modified permit, deny the modified permit, or publish the modified 26
permit for public notice and comment. 27
(2) The Division shall complete the technical review of significant modifications received pursuant to 28
15A NCAC 02Q .0516 in accordance with 40 CFR 70.7(e)(4)(ii). Within 270 calendar days of 29
receipt of a complete application for a significant permit modification pursuant to 15A NCAC 02Q 30
.0516, the Division shall complete the review of the application and either issue the modified permit, 31
deny the modified permit, or publish the modified permit for public notice and comment. 32
(3) For applications for permit revisions that are not minor modifications pursuant to 15A NCAC 02Q 33
.0515 or significant modifications pursuant to 15A NCAC 02Q .0516, the application shall be 34
reviewed pursuant to 15A NCAC 02Q .0514 or .0517, as applicable. 35
24 of 24
(c) The Division shall provide for public participation in accordance with 15A NCAC 02Q .0521. If a public hearing 1
is requested and approved by the Director for a draft permit, it shall be held within 45 days of the Director's decision 2
to hold a public hearing. 3
(d) The Director shall complete the review of the record and send the proposed permit to EPA and affected states in 4
accordance with 15A NCAC 02Q .0522. 5
(e) Final permit action shall be taken in accordance with 15A NCAC 02Q .0518. 6
7
8
History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 9
Eff. February 1, 1995; 10
Amended Eff. July 1, 1998; 11
Readopted Eff. April 1, 2018; 12
Amended Eff. September 1, 2022.2022; 13
Amended Eff. ( Pending On the first day of a month that is 60 days after the Secretary of the 14
Department of Environmental Quality certifies to the Revisor of Statutes that the U.S. Environmental 15
Protection Agency has approved the amended rule into the North Carolina State Implementation 16
Plan, pursuant to S.L. 2023-134, Section 12.11, as amended by S.L. 2024-1, Section 4.13.) 17
18
19