III-1_RIA_S.L. Permit Review Timelines

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Regulatory Impact Analysis for Amendments to Permit Review Timelines and Definitions pursuant to Session Law 2023-134, Section 12.11(a)-(c)

Rule Citation Number 15A NCAC 02Q .0303, .0304, .0305, .0312, .0503, .0505, .0507, .0515, and
.0525

Rule Topic: Air Permitting Review and Issuance Timeline for Permit Modifications

DEQ Division: Division of Air Quality

Agency Contact: Katherine Quinlan, Rule Development Branch Supervisor
Division of Air Quality (DAQ)
[phone]
[e-mail]

Analyst: Carrie Pickett, DAQ
[phone]
[e-mail]

Impact Summary: State government: Yes
Local government: No
Substantial impact: No
Private Sector: Yes

Authority: G.S. 143-215.3(a)(1), (1a), (1b), (1d); G.S. 143-215.3A, G.S. 143-215.108

Necessity: To amend the air quality permitting rules to align with the provisions relating to
air quality permitting review timelines and definitions pursuant to Session Law
2023-134, Section 12.11(a)-(c).

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Contents
I. Introduction .......................................................................................................................................... 5
II. Background .......................................................................................................................................... 5
III. Reason for Rule Amendment ............................................................................................................... 6
IV. Proposed Rules ..................................................................................................................................... 6
V. Estimating the Fiscal Impacts ............................................................................................................ 10
A. Existing and New Review Processes for Permit Modifications .............................................. 14
1. Non-Title V Permit Modifications .................................................................................... 14
2. Title V Permit Modifications ............................................................................................ 16
B. Possible Impacts of S.L. Review Timelines ............................................................................ 19
1. Diminished Flexibilities .................................................................................................... 19
2. Permit Outcomes ............................................................................................................... 20
3. Application Preparation Assistance .................................................................................. 22
4. Application Consolidations and Streamlining .................................................................. 23
VI. Public Health and Environmental Impacts ......................................................................................... 24
VII. Rule Alternatives ................................................................................................................................ 24
VIII. Cost and Benefit Summary ................................................................................................................ 24

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List of Tables
Table 1: Permit Applications Received by Year, 2019-2023 ..................................................................... 11
Table 2: Calendar Year 2024 Permit Modification Application Fees ......................................................... 21
Table 3: North Carolina D4 Labor Market Data ......................................................................................... 23
Table 4: U.S. Bureau of Labor Statistics Wage Data for North Carolina ................................................... 23 List of Figures
Figure 1: Non-Title V Applications Received by Year, 2019-2023 ........................................................... 12
Figure 2: Title V Permit Applications Received by Year, 2019-2023 ........................................................ 13
Figure 3: Visual Timeline of New Review Procedures for Permit Modifications Reviewed under 03Q .0300
Procedures ................................................................................................................................................... 15
Figure 4: Visual Illustration of Review Process for Title V Minor Modifications under New Session Law Timeframes ................................................................................................................................................. 17
Figure 5: Visual Illustration of 1-Step Review Process for Title V Significant Modifications under New Session Law Timeframes ............................................................................................................................ 18
Figure 6: Visual Illustration of 2-Step Review Process for Title V Significant Modifications under New Session Law Timeframes ............................................................................................................................ 19

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Acronyms
Abbreviation Term
$ Dollars
15A NCAC Title 15A of the North Carolina Administrative Code
40 CFR Title 40 of the Code of Federal Regulations
AQC Air Quality Committee
BLS U.S. Bureau of Labor Statistics, U.S. DOL
DAQ Division of Air Quality, DEQ
DEQ Department of Environmental Quality
DOL U.S. Department of Labor
EMC Environmental Management Commission
EPA U.S. Environmental Protection Agency
IBEAM Internet-Based Enterprise Application Management
G.S. General Statute
NAAQS National Ambient Air Quality Standard
NAICS North American Industry Classification System
NC North Carolina
NSR New Source Review
PSD Prevention of Significant Deterioration
SIP State Implementation Plan
S.L. Session Law

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I. Introduction
When the North Carolina legislature passed the 2023 Appropriations Act, Session Law (S.L. 2023-134)1
requiring the implementation of specific time periods for review of certain permit applications by the
Division of Air Quality (DAQ), rulemaking was initiated to ensure the Division’s processes for review of
permit applications remains consistent with all applicable state and federal requirements. S.L. 2023-134,
Section 12.11 was later amended by S.L. 2024-1, Section 4.13 to: require submission of these air program
changes to the U.S. Environmental Protection Agency (EPA) through a State Implementation Plan (SIP)
amendment by July 1, 2025; and retroactively delay the effective date of S.L. 2023-134, Section 12.11
provisions until the first of a month that is 60 days after the Department of Environmental Quality (DEQ)
Secretary certifies to the Revisor of Statutes that the EPA has approved the program changes into North
Carolina’s SIP.2
The purpose of this document is to provide an analysis of the fiscal impacts associated with the proposed
rule revisions to implement S.L. 2023-134, Section 12.11(a)-(c), as amended by S.L. 2024-1, Section
4.13.
II. Background
The changes to permitting requirements reflected in S.L. 2023-134, Section 12.11(a)-(c) were part of the
2023 Appropriations Act for North Carolina passed in October 2023. Section 12.11(a) of the S.L. revises
G.S. § 143-215.108 Control of sources of air pollution; permits required, Subparagraph (d)(2), where
new timelines for permit reviews were created specifically for permit modification applications. This
relates to all permit modifications, stating “Title V and other permits” within the language of
Subparagraph (d)(2). Further, the S.L. language specifies maximum time periods allotted for DAQ staff to
review and process these permit modifications; where there will be 90 calendar days allotted for review of
a minor permit modification application, and 270 calendar days allotted for a major permit modification
application review. These timelines are calculated from the time that an administratively complete
application is received by the Division, through the date that the Division issues the permit, denies the
permit, or publishes the permit for public notice and comment.
Since the review timelines under S.L. 2023-134, Section 12.11(a) only impact permit modifications, the
review processes for all other types of permit actions (initial/new permits, renewals, administrative
amendments, ownership changes, etc.) remain unchanged. Therefore, the rule revisions in this action
clarify the distinction between “processing days” and calendar days. Currently, the Division’s permit
review timelines are based on “processing days,” which means that the days during which the Division is
waiting to receive information that has been requested from the applicant are not counted.
Section 12.11(b)-(c) of S.L. 2023-134 modifies G.S. § 143-213, Definitions, by creating a new
subdivision (1a) which adds into the definitions list the term “administratively complete” with an

1 S.L. 2023-134, Section 12.11(a)-(c),available at:
https://www.ncleg.gov/Sessions/2023/Bills/House/PDF/H259v7.pdf.
2 S.L. 2024-1, Section 4.13, available at: https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2023-
2024/SL2024-1.html

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accompanying definition. This term means “that all information required by statute, regulation, or
application form has been submitted to the Department for the purpose of processing a permit
application.” Once an application has been submitted to the Division with all components necessary to be
deemed “administratively complete,” the time period the Division staff are allotted for review of the
permit modification application begins. Because this term and the newly created time periods for permit
modification reviews are closely related, this rulemaking action will address both.
III. Reason for Rule Amendment
N.C.G.S. 143-215.108(d)(2), as amended by the 2023 Appropriations Act, S.L. 2023-134, requires the
Environmental Management Commission (EMC) to adopt rules specifying the times within which it must
act upon applications for permits, and those rules must establish the 90- and 270-calendar day timeframes
for permit modifications as described in Section II of this document. Therefore, the DAQ is conducting
this rulemaking to incorporate the new review time periods for administratively complete permit
modification applications into Subchapter 02Q, Air Quality Permit Procedures.
As amended by S.L. 2024-1, the provisions of Section 12.11 of S.L. 2023-134 do not become effective
until the first day of a month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes
that the U.S. EPA has approved an amendment to the NC SIP, and the DEQ is required to submit that SIP
revision to the EPA no later than July 1, 2025.
IV. Proposed Rules
The rules proposed for amendment include 15A NCAC 02Q .0206, .0303, .0304, .0305 .0312, .0503,
.0505, .0507, .0515, and .0525. This group of existing rules are utilized by the DAQ in processing permit
modification applications. The proposed amendments to these rules are limited in scope to the minimally
necessary changes so that the permitting rules conform to the new statutory permit processing time limits
for permit modification reviews, including revisions to ensure consistent terminology is used to describe
the various steps of the permit application review process.
15A NCAC 02Q .0303, Definitions
Rule 02Q .0303 is proposed to include a definition for the term “complete application”. The proposed
definition incorporates the term “administratively complete,” as defined in G.S. 143-213, and language to
align it with the equivalent definition of this term in Rule 02Q .0503 by specifying that a complete
application is one that provides all information necessary to determine compliance with all applicable
federal and State requirements.
15A NCAC 02Q .0304, Applications, and 15A NCAC 02Q .0305, Application Submittal Content
Clarifying amendments are proposed for Rules 02Q .0304 and .0305, to clearly indicate the required
application elements needed for an application to be accepted for processing. If an application does not
contain these minimum elements, it will not be accepted for processing by the Division.

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15A NCAC 02Q .0312, Application Processing Schedule
Rule 02Q .0312 specifies the steps of the permit review process for applications reviewed under the 02Q
.0300 rules.
Revisions are proposed to Paragraph (a) to specify that the procedures of Paragraph (a) only apply to
applications for new permits and permit renewals, but not to permit modifications except as specified in
new Paragraph (b). Additional revisions within Paragraph (a) include:
• Revisions to Part (a)(1)(A) to clarify the first step of the permit review process, or the
Acknowledgement/Acceptance step. During this step, the Division provides an acknowledgement
letter to the applicant within 10 days of receiving the application. This 10-day acknowledgement
letter serves to: 1) acknowledge receipt of the application by the DAQ; and 2) state if the
application is accepted for processing. If the application is not accepted for processing, the
acknowledgement letter indicates the missing items from Rule 02Q .0305 needed for the
application to be accepted.
• Revisions to Part (a)(1)(B) to clarify the second step of the permit review process, or the
Completeness Determination step. During this step, the Division reviews the application to
determine if it is complete (pursuant to the definition added to Rule 02Q .0303). The Division has
45 processing days to notify the applicant that their application is complete or to request
additional information to make the application complete.
• Current Part (a)(1)(C) is proposed to be deleted since this language did not specify any action or
notification from the Division.
• Minor clarifying revisions are proposed for the final step(s) of the permit review process, which
includes final action and/or public notice, under current Parts (a)(1)(D)-(F) of the Rule (relettered
as Parts (a)(1)(C)-(E)).
• Revisions are proposed to Subparagraph (a)(3) that parallel those made in Subparagraph (a)(1),
except that the procedures allow 60 processing days for the completeness determination step in
Part (a)(3)(B).
Existing Paragraph (b) is proposed to be part of Paragraph (a) to clarify that the timelines in Paragraph (a)
are counted as processing days (i.e., the time that the DAQ is waiting on requested information from the
applicant is not counted towards the timelines).
New Paragraph (b) is proposed to outline the processing steps and timelines for reviewing permit
modifications under the 02Q .0300 procedures.
• The procedure and timeline for the first step of the review process
(Acknowledgement/Acceptance) is the same as that for new permits and permit renewals, so new
Subparagraph (b)(1) cross references Parts (a)(1)(A) and (a)(3)(A), as appropriate.
• The procedure and timeline for the second step of the review process (Completeness
Determination) is the same as that for new permits and permit renewals, so new Subparagraph
(b)(2) cross references Parts (a)(1)(B) and (a)(3)(B), as applicable.

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• New Subparagraph (b)(3) establishes the minor modification review timeline pursuant to S.L.
2023-134, Section 12.11(a), as follows:
o For permits that do not require public notice and comment, new Part (b)(3)(A) requires
the DAQ Director to issue or deny the permit modification within 90 calendar days of
receiving a complete application.
o For permits that are required to go to public notice with an opportunity to request a public
hearing, new Part (b)(3)(B) requires the DAQ Director to publish the draft permit for
public notice within 90 calendar days of receipt of a complete application, and take final
action on the permit within the timelines specified for new and renewed permits in
Subparts (a)(1)(D)(ii) or (a)(3)(C)(ii).
• The procedure and timeline for draft permit modifications required to go to public hearing
remains unchanged from those for new and renewed permits, so new Subparagraph (b)(6) cross
references Parts (a)(1)(E) and (a)(3)(D), as applicable.
15A NCAC 02Q .0503, Definitions
Rule 02Q .0503 is proposed for modification to update the definition of “complete application” to include
a cross-reference to the definition of “administratively complete” in G.S. 143-213 pursuant to S.L. 2023-
134, Section 12.11(b)-(c).
15A NCAC 02Q .0505, Application Submittal Content
Minor clarifying language changes are proposed for Rule 02Q .0505, which serves to specify the
minimum application elements needed for an application to be accepted by the Division for processing.
Specifically, Subparts (1)(b) and (c) were consolidated, since only one of these zoning-related
demonstrations would be needed for any particular application. Subpart (1)(e) (relettered as Subpart
(1)(d)) was clarified to specify that the reference to Rule 02Q .0507(a) pertains to the submission of
applications, which must be signed as required by Rule 02Q .0520. Finally, Item (2), which pertains to
renewal applications, was revised to remove the language “as required pursuant to 15A NCAC 02Q
.0507(a),” since the language of Rule 02Q .0507(a) specifically excludes renewals.
15A NCAC 02Q .0507, Application
The amendments to Rule 02Q .0507 include a change to Paragraphs (d) and (h). Specifically, the
language of Paragraph (d) was revised for clarification, to avoid the unintended possible interpretation
that the information listed in Subparagraphs (d)(1)-(3) are in addition to a complete application. Rather,
these are components of an application package that are required in order for the application to be
accepted by the Division for processing, as already specified in 15A NCAC 02Q .0505. The revisions to
Paragraph (h) include one cross-reference correction and removal of the language regarding receipt of the
permit application processing fee since it is redundant of language elsewhere in the rules (e.g., 02Q .0505,
02Q .0206) and the application fee is needed for the application to be accepted (which is prior to the
completeness determination).

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15A NCAC 02Q .0515, Minor Permit Modification
Rule 02Q .0515 sets forth the requirements for Title V minor permit modifications, including what types
of changes at a Title V facility qualify for a minor permit modification (and the types of changes that do
not qualify), the elements required to be submitted with the minor permit modification application,
procedures for group processing of Title V minor modifications, and the implications of a minor
modification on the permit shield. The existing provisions of this Rule closely resemble the EPA’s
regulations for Title V minor permit modifications in 40 CFR Part 70. The DAQ is proposing the
following changes to this Rule to satisfy the requirements of G.S. 143-215.108 pursuant to S.L. 2023-134,
Section 12.11(a), while remaining in alignment with EPA’s Title V regulations:
• Revision of the word “shall” to “may” in Paragraph (c), since the DAQ is not required to use
group processing procedures.
• Revisions to Paragraph (d) to specify that the DAQ shall take action on the minor permit
modification within 90 calendar days of receiving the application, except that the permit shall not
be issued as a final permit modification until at least 15 days after the end of EPA’s 45-day
review period or until EPA has notified the DAQ that EPA will not object to issuance of the
permit modification, whichever is first.
• Paragraph (e) is proposed to be deleted, since the only difference between Paragraphs (d) and (e)
were the 90-day and 180-day timelines. With the S.L. now requiring all minor modifications to be
issued within 90 calendar days, Paragraph (e) becomes obsolete.
• Clarifying revisions are proposed to the language of existing Paragraph (f) (relettered as
Paragraph (e)), since completeness determinations are not required for Title V minor
modifications, as specified in 15A NCAC 02Q .0525.
15A NCAC 02Q .0525, Application Processing Schedule
Rule 02Q .0525 has been reformatted throughout and is proposed with the following changes:
• Subparagraph (a)(1) contains proposed revisions to clarify the first step of the application review
process (Acknowledgement/Acceptance) and add cross-references to the rules that specify the
minimum criteria for application acceptance (02Q .0505 and .0507).
• Subparagraph (a)(2) contains proposed revisions to clarify the second step of the application
review process (Completeness Determination), which takes place within the first 60 processing
days of receiving the application, and to clarify that the completeness determination provisions in
Parts (a)(2)(A)-(D) do not apply to minor modifications pursuant to Rule 02Q .0515.
• Current Item (3) of the Rule has been moved to the beginning of new Subparagraph (b)(2).
• Current Items (4)-(6) of the Rule have been moved to the end of the Rule, and now appear as
Paragraphs (c)-(e).
• Existing language from within Subparagraph (a)(2) is moved to become new Subparagraph (a)(3)
and modified to clarify that the completeness determination provisions of Subparagraph (a)(2) do
not apply to Title V minor modifications.

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• Existing language from within Subparagraph (a)(2) is moved to become new Subparagraph (a)(4)
and contains minor revisions for clarity.
• New Paragraph (b) has been added to the Rule to specify the timelines for processing permit
revisions. Subparagraph (b)(1) contains the S.L. requirement to process Title V minor
modifications within 90 calendar days of receipt of a complete application. Subparagraph (b)(2)
contains the S.L. requirement to process Title V significant modifications within 270 calendar
days of receipt of a complete application. Subparagraph (b)(3) specifies that all other types of
Title V permit revisions, the application review shall be conducted pursuant to Rule 02Q .0514 or
.0517, as applicable.
V. Estimating the Fiscal Impacts
A qualitative approach describing the potential impacts was taken in analyzing this rulemaking. Because
of the nature of the proposed changes, there is no definitive financial impact as the variables are market
dependent and uncertain. This analysis qualitatively characterizes potential impacts to state government
and the private sector regulated community.
As described in Section II of this analysis, permit modifications are only one type of the various permit
applications the DAQ receives, and these permit applications are reviewed by DAQ central office and
regional office engineering staff and supervisors.
While the total number of permit modification applications has fluctuated in the past five years, the DAQ
has seen an overall increase in the total number of permit applications each year, as shown in Table 1
below.

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Table 1: Permit Applications Received by Year, 2019-2023
Applications Received by Year, 2019-2023
Permit Class Application Type 2019 2020 2021 2022 2023
non-Title V Modification 94 81 87 77 52 78.2
non-Title V New/Initial 29 19 24 27 35 26.8
non-Title V Renewal/Modification 0 3 8 9 18 7.6
non-Title V Renewal 2 3 188 249 268 142
non-Title V Other 85 109 93 106 74 93.4
Total non-Title V 210 215 400 468 447 348
Title V Minor Modification 29 20 34 36 29 29.6
Title V TV-Reopen for Cause 1 2 7 0 1 2.2
Title V Significant Modifications 56 54 42 43 32 45.4
Title V Modification - State Only 4 4 8 6 4 5.2
Title V New/Initial 12 25 18 21 14 18
Title V Renewal/Modification 3 4 7 3 3 4
Title V Renewal 39 49 50 45 43 45.2
Title V Other 39 36 42 37 59 42.6
Total Title V 183 194 208 191 185 192.2
Total Modifications (Title V + non-Title V) 186 163 178 165 120 162.4
Total Applications 393 409 608 659 632 540.2
The data of Table 1 above is also provided as percentages in Figures 1 and 2 below. These figures show
the breakdown of permit application types received by the Division each year from 2019 through 2023 for
Title V and non-Title V permit classes, respectively. The application types are grouped into
modifications, new/initial permits, renewals, combined renewal/modifications, and “other,” which
includes administrative amendments, ownership changes, name changes, Clean Air Act Section
502(b)(10) changes, construction notifications, changes not requiring permit revisions, and permit
rescissions.

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As seen in Figure 1, non-Title V permit modifications have comprised approximately 12-45% of the total
non-Title V permit applications received annually.

Figure 1: Non-Title V Applications Received by Year, 2019-2023

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For Title V permits, there are various types of modification applications, including minor modifications,
significant modifications, and modifications that only involve revisions to the state-enforceable only part
of the permit. Figure 2 below shows the approximate breakdown of the different types of Title V permit
applications received by the Division each year, including each type of Title V permit modification. As
seen in Figure 2, Title V permit modifications (minor, significant, and state-only) have comprised
approximately 35-49% of the total Title V permit applications received annually.

Figure 2: Title V Permit Applications Received by Year, 2019-2023

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Currently, the State’s air quality rules specify that all non-Title V permit modifications shall be reviewed
within a timeframe of 90 processing days, and all significant modifications shall be reviewed within 270
processing days. Permits issued under the provisions of the rules in 02Q .0300, or “Construction and
Operation Permits,” provide the applicant with permission to begin construction of their facility or
modification. Title V permits issued under the provisions of the rules in 02Q .0500, or “Operating
Permits,” are permits for larger facilities and list all applicable requirements for a facility (including state
rules, federal regulations, and associated monitoring and recordkeeping to ensure compliance with all
applicable standards). Generally, a Title V facility does not need to wait for issuance of their Title V
Operating Permit pursuant to 02Q .0500 before beginning operation, as long as the facility has first
obtained a construction and modification permit pursuant to 02Q .0300; however, some types of Title V
modifications require the facility to file the permit application before beginning operation of the
modification. Additionally, an applicant that chooses the Title V 1-Step significant modification process
pursuant to 15A NCAC 02Q .0501(b)(1) or (c)(1) may not begin construction or make the modification
until the modified permit has been issued.
The current process tracks the number of “processing” days, so this will change to calendar days for
modification applications, as specified in the new statutory requirements, while all other application types
remain on a “processing day” schedule. Processing days are tracked using Internet-Based Enterprise
Application Management (IBEAM) to ensure program effectiveness, where the days during which DAQ
staff are waiting on information from the applicant are not counted towards the review timelines. This
system is known as “clock pausing,” where the review clock stopped when information requests were
communicated to the applicant, and resumed again when that information was received. The remainder of
this Section goes into more detail about the Division’s current review timelines and procedures for permit
modifications, identifies the changes to those practices upon implementation of the new S.L. review
timelines, and describes the plausible impacts that may result from these procedural changes.
A. Existing and New Review Processes for Permit Modifications
This Subsection outlines the current and new review process for the various types of non-Title V
and Title V permit modifications.
1. Non-Title V Permit Modifications
Permit modification applications for non-Title V facilities are processed under the 02Q .0300
Section of North Carolina’s air quality rules, where rule 02Q .0312 specifically details the process
milestones and timelines for review of all applications processed under the 02Q .0300 Rules.
Currently, the review steps for permit modifications processed under the 02Q .0300 procedures are
as follows:
• Step 1 (Application Acknowledgement): within 10 days of receiving an application, the
Division notifies the applicant that their application has been received, and whether the
application has been accepted for processing.
• Step 2 (Application Completeness): following application acceptance, the DAQ reviews
the application and notifies the applicant if additional information is needed to make the
application complete, with a deadline specified for receiving any requested information.

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The review clock is paused for any time that the DAQ is waiting for information from an
applicant. Within 45 days of receiving an application, the Division shall notify the
applicant if the application is complete. Once all information is received to make the
application complete, the 90-processing-day review clock resets.
• Step 3 (Technical Completeness): within 45 days of receipt of a complete application
(under step 2), the DAQ determines if the application is technically complete. The DAQ
requests any additional information needed to conduct the technical review of the
application. The review clock is paused for any time that the DAQ is waiting for
information from an applicant.
• Step 4 (Agency Action): the DAQ makes a decision on the permit application. If the
permit is not required to go to public notice or hearing, the Division must either issue or
deny the permit within 90 processing days of receipt of a complete application, or within
10 days of receipt of requested additional information, whichever is later. If the permit is
required to go to public notice, the Division must send the draft permit to public notice
within 90 processing days of receipt of a complete application and take final action on the
permit within 30 days after the close of the public comment period. If the draft permit is
required to go to public hearing, the Division must send the draft permit to public hearing
within 45 days of approving the request for a public hearing and take final action on the
permit within 30 days after close of the public hearing.
Note: under the current practices and rule language, the timelines specified above are counted in
terms of “processing days,” so any time that the DAQ is waiting on information from the applicant
is not counted towards the timelines (i.e., the review clock is paused).
As described in Section IV of this document, Rule 02Q .0312 is proposed for amendment to reflect
the new processing timeline of 90 calendar days, which begins once the DAQ has received all
materials and information for the application to be deemed complete. This new procedure is
illustrated in the visual depiction of the proposed permit modification process below in Figure 3.

Figure 3: Visual Timeline of New Review Procedures for Permit Modifications Reviewed under 03Q .0300 Procedures
Under the new 02Q .0300 modification review procedures, Step 1 (Application
Acknowledgement/Acceptance), which remains unchanged, is merged with a combined
“Completeness Determination,” that is intended to cover both the Application Completeness in
current Step 2 and the Technical Completeness in current Step 3, which then triggers the timeline

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for Agency Action under Step 4. Once the DAQ receives an application the date is recorded and
stored within DAQ’s IBEAM system. Consistent with the current Step 1 procedures described
above, an acknowledgement letter is processed and sent to the applicant within 10 days of the DAQ
receiving the application. The acknowledgement letter indicates that the application was received,
and whether the application is accepted for processing (i.e., contains the minimum elements for
acceptance in 02Q .0305, including the application fee) or if additional items are needed for the
application to be accepted. During the initial 45 days of the review, if the application originally
submitted was not complete, the staff engineer will request the necessary information to make the
application complete. During this step of the review, the 45-day clock to determine the application
as complete is counted as 45 processing days (i.e., the time that the agency is waiting on
information that has been requested from an applicant is not counted). Once the application has
been determined as complete, the period of time from application completion (i.e., the date that the
latest information was received, which made the application complete) to the Agency Action shall
not exceed 90 calendar days, pursuant to the new statutory requirements. If the permit engineer
determines, subsequent to making a completeness determination, that additional information is
needed to properly evaluate the source, such information can still be requested, but the review clock
will not pause while the DAQ awaits that information. The Agency Action that must be taken
within the new statutory timelines can include issuance of the modified permit, denial of the
modified permit, or publication of the draft modified permit for public notice and comment.
Most non-Title V permit modification applications are closed out within the current 90-processing-
day timeframe. However, as the new process will require a combination of processing days and
calendar days in the overall timeframe, it is difficult to identify any specific impact resulting from
the current proposed rulemaking except for limiting the flexibility currently afforded to a few
applicants whose circumstances require longer processing time, as further explained in Subsection
V.B.A of this document.
2. Title V Permit Modifications
Title V permits are issued under the procedures of the rules in 02Q .0500. For Title V facility
permits, there are two main types of modifications: minor modifications and significant
modifications. For significant modifications of a Title V permit, whether the modification
contravenes an existing permit term or condition dictates which processing schedule is available for
the applicant to choose (i.e., for the application to be processed under a one-step process pursuant to
15A NCAC 02Q .0501(b)(1) or (c)(1), or under a two-step process pursuant to 15A NCAC 02Q
.0501(b)(2) or (c)(2)). This subsection describes the effect of the S.L. provisions on the review
timelines for each of these types of Title V modifications.
Title V Minor Modifications
Pursuant to 40 CFR Part 70, the requirements for Title V permit minor modifications are
established in Rule 02Q .0515, with existing Paragraph (f) specifying that the permit applicant may
make the change proposed in their minor permit modification application immediately after filing
the completed application with the Division (subject to the other conditions specified in the Rule).
Due to this nuance, applications for Title V minor modification are assumed, by default, to be

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complete upon submittal. Therefore, the 90-calendar-day review clock of S.L. 2023-134 begins
upon application receipt for Title V permit minor modifications. Additionally, a completeness
determination is not required for Title V permit minor modifications, pursuant to 40 CFR
70.7(a)(4). In practice, the Division acknowledges the receipt of a minor modification within 10
days of its receipt, noting whether the minimum required elements have been received. If elements
are missing, the 90-day processing clock does not begin. Figure 4 below shows a visual illustration
of the review timeline for these types of Title V permit modifications.

Figure 4: Visual Illustration of Review Process for Title V Minor Modifications under
New Session Law Timeframes
As with the other types of permit modifications, if the permit engineer determines that additional
information is needed to properly evaluate the source, such information can be requested at any
point during the application review process, but the review clock will not pause while the DAQ
awaits that information.
Title V Significant Modifications
As described above, there are two different potential processes for review and issuance of a
significant modification to a Title V permit: a 1-Step process under 15A NCAC 02Q .0501(b)(1) or
(c)(1), or a 2-Step process under 15A NCAC 02Q .0501(b)(2) or (c)(2). Each of these processes is
described below.
1-Step Significant Modifications:
Under the 1-step process, the applicant is issued a construction and operation permit in one step that
is conducted under the provisions of 02Q .0516. Currently, the Division provides an
Acknowledgement/Acceptance letter to a permit applicant within 10 days of receiving a Title V
permit significant modification application, which indicates whether the application contains the
minimum elements in 02Q .0505 and .0507 to be accepted for processing. Within the first 60 days
of the application review, the DAQ reviews the application for completeness, and requests any
missing information from the applicant. The review clock pauses during any time that the DAQ
permit engineer is waiting on information that has been requested. Under the new S.L. review
timelines, once the application is complete, the DAQ must take action on the modification
application (issue, deny, or publish for public notice and comment) within 270 calendar days. If the
permit engineer determines, subsequent to making a completeness determination, that additional

18

information is needed to properly evaluate the source, such information can still be requested, but
the review clock will not pause while the DAQ awaits that information.
Figure 5 below provides an illustration of the new review process for 1-Step significant
modifications of Title V permits.

Figure 5: Visual Illustration of 1-Step Review Process for Title V Significant Modifications under New
Session Law Timeframes
2-Step Significant Modifications
Under the 2-Step process, the applicant first applies for and obtains a construction and operation
permit under the 02Q .0300 procedures (1st step), and subsequently submits an application to
modify the construction and operation permit to meet Title V requirements under 02Q .0500 (i.e.,
the construction and operation permit is incorporated into the Title V permit). If this is a “first-
time” Title V permit, the 2nd step application must be submitted within 12 months of becoming
subject to the Title V program. Otherwise, the 2nd step application must be submitted within 12
months of beginning operation of the modified source, unless the significant modification would
contravene or conflict with a condition in the existing Title V permit, in which case the 2nd step
application must be submitted before beginning operation of the modified source.
After implementation of the new S.L. review timelines for permit modifications, the 1st step of a 2-
Step significant modification application would adhere to the procedures described in Subsection
V.A.1 for non-Title V permit modifications (i.e., agency action within 90 calendar days of receipt
of a complete application), and the 2nd step would adhere to the procedures described in this
Subsection for 1-Step significant modifications (i.e., agency action within 270 calendar days of
receipt of a complete application).
Figure 6 below provides an illustration of the review procedures and milestones for 2-Step
significant modifications of Title V permits upon implementation of the S.L. review timelines.

19

Figure 6: Visual Illustration of 2-Step Review Process for Title V Significant Modifications under New Session Law Timeframes

B. Possible Impacts of S.L. Review Timelines
As further described in this Subsection, the possible impacts that may result as the Division adjusts its
permitting practices to conform to the new S.L. review timelines include diminished flexibilities for
review engineers and permit applicants throughout the review process, potential changes in permit
outcomes, applicants choosing to hire environmental consultants, and limitations on the Division’s ability
to consolidate renewal and modification applications for overall streamlining. Despite these possible
impacts, there is no anticipated quantifiable change in costs or savings to the State, regulated community,
or local government.
1. Diminished Flexibilities
While some permit applicants may not notice any difference in service or issuance timelines for
their applications, facilities that previously benefited from a more flexible process timeline may
experience changes to the permit review process as the DAQ adjusts its permitting practices to meet
the new statutory timelines. The DAQ processes most modification applications within the current
time frames established in the rules; however, as described previously in this document, the current
timelines allow the review clock to pause while the DAQ is waiting on information from an
applicant at any point during the application review. This allows the DAQ to be flexible with
applicants, such as allowing extensions of deadlines for applicants that need more time to provide
requested information. Currently, DAQ permit staff can also provide a lot of one-on-one guidance
to applicants that may be less familiar with the permitting process, because the flexibility in review
timelines allows staff to balance their workload to best serve the regulated community. Under the
new timelines, the review clock can no longer be paused after an application has been determined

20

as complete, so permit staff may need to re-prioritize their workload to ensure that a comprehensive
review is completed as early as possible after receiving the application. While the DAQ will always
strive to provide excellent customer support to all stakeholders, this could limit the amount of time
that DAQ permitting staff can allocate towards assisting any particular applicant that may need
extra guidance and support throughout the process.
Under the proposed rulemaking the reviewing engineer may still identify and request any missing
information at any point during the review process; however, for requests made after an application
has been determined as “complete,” the review clock will not pause while the applicant is gathering
the requested information. Therefore, there will no longer be a pause applied to the processing
periods once an application is deemed as complete. Additionally, applicants contacting the DAQ to
build upon the original scope of the permit modification application may no longer be afforded that
flexibility due to the review engineer’s more limited timeframes.
2. Permit Outcomes
As described in the previous subsection, DAQ permitting staff sometimes provide a significant
amount of assistance to these applicants, made possible by the flexibility afforded in the current
review process scheduling, which allows the permit review clock to pause while applicants gather
information or make corrections to their applications. With this flexibility, applicants avoid having
to withdraw and resubmit applications. Under the new more restrictive time periods, this level of
customer service may be hindered. This has the potential to impact the overall permit modification
outcomes.
For example, under the current process, the DAQ is likely to grant an extension to an applicant
needing additional time to gather information that has been requested by the DAQ permit engineer,
because this additional time is not counted against the DAQ’s review clock and therefore will not
hinder the Division’s ability to meet its current review schedules. Under the new S.L. processing
timeframes, the DAQ may be limited in its flexibility with deadlines on requests for additional
information, particularly requests that may occur after a completeness determination has been made
(i.e., more than 45 processing days into the application review). These instances may arise when
additional information comes to light after further investigating detailed aspects of the application,
or if a new or revised federal regulation is published after the application is determined complete,
thus triggering the need for a demonstration of how the facility will comply with the new
regulations. Other circumstances include a change in federal standard (i.e., a primary national
ambient air quality standard (NAAQS) value), legislative action that affects the permitting process,
or a state rule revision that becomes effective during the course of the permit review process. At
this stage, if the Division does not have the information needed to properly evaluate the source and
issue the permit modification, an applicant needing more time to gather the requested information
may need to withdraw their application and resubmit at a later date.
Pursuant to 15A NCAC 02Q .0206(d), permit application fees are non-refundable; therefore, any
applicant that withdraws and resubmits their application would incur an additional cost in the
amount of the permit application fee. Permit application fees vary based on the type of application,
as specified in 15A NCAC 02Q .0203(d). As some types of permit fees are adjusted for inflation

21

each year, while others are not adjusted for inflation, the Division publishes the current fees each
year on the Division’s website: https://www.deq.nc.gov/about/divisions/air-quality/air-quality-
permitting/modifying-or-applying-air-quality-permit. Non-Title V permit modification application
fees are not currently adjusted for inflation and are: $50 for a small facility permit and $400 for a
synthetic minor facility permit. Title V permit fees are adjusted for inflation pursuant to 15A
NCAC 02Q .0204, and the 2024 modification application fees for these permits are: $3,508 for a
02Q .0300 or minor modification; $8,186 for a significant modification; $18,279 for a Title V
modification triggering Prevention of Significant Deterioration (PSD) or nonattainment new source
review (NSR); and $35,551 for a Title V permit modification triggering both PSD and
nonattainment NSR. These fees are summarized in Table 2 below.
Table 2: Calendar Year 2024 Permit Modification Application Fees
Facility Category New or Modification 02Q .0300 or Minor Modification Significant Modification
Title V - $3,508 $8,186
Title V (PSD or Nonattainment NSR) $18,279 - -
Title V (PSD and Nonattainment NSR) $35,551 - -
Synthetic Minor $400 - -
Small $50 - -
As stated above, applicants that withdraw and resubmit their applications may experience an
increased cost in the amount of their applicable permit fee, as listed in Table 2. However, the
number of applicants that may be affected by potential outcome cannot be reasonably predicted at
this time, as it is highly depended on a variety of factors, including the quality of applications upon
receipt, quality of responses to the DAQ’s requests for additional information throughout the
review process, and the overall workload of the DAQ permitting staff (which can impact the
amount of time a permit engineer can dedicate to reviewing a permit application immediately upon
receipt).
For context, the DAQ reviewed the distribution of permit modification applications received each
year from 2019 through 2023, which showed that the vast majority are issued, with most of the
remainder being consolidated. A minority of applications are withdrawn by applicants, no permit
modification applications have been denied during this time period. This potential impact is
unpredictable and unquantifiable, as it depends on many variables, specifically the quality of a
permit application upon receipt. Beyond containing the minimum elements needed for processing
an application as identified in Rules 02Q .0305, .0505, and .0507, a quality application is one that
contains all applicable application forms and the information requested therein, detailed and
thorough analyses of all potentially applicable rules (state and federal), accurate and comprehensive
emissions calculations, including sample calculations that enable the DAQ to verify their accuracy,

22

a complete air quality analysis (i.e., air dispersion modeling) if required, details about the proposed
monitoring and recordkeeping that will be utilized to ensure compliance, and adherence to the
scope of the original application submitted. Due to the complex nature of many facilities’ processes
and the permit review process, determination of the exact information needed to complete the
technical review of any particular permit application can be an iterative process that benefits from a
series of communications between the DAQ permit engineer and the applicant.
3. Application Preparation Assistance
To avoid the possible impacts described in the previous Subsection (i.e., withdrawal of their permit
application), facilities may choose to hire professional consultant engineering services to complete
their applications and facilitate communication with DAQ staff engineers to successfully achieve an
issued permit within the stricter time periods. This may be more likely to affect small business
applicants without in-house environmental permitting staff and whose business practices do not
typically include using specialized environmental consulting services for permit application
preparation. While the DAQ cannot predict the full range of reasons that may motivate any
particular applicant to hire a consultant, the motivating factors may include: desire to avoid
incurring an additional application fee upon resubmittal of a withdrawn application, as outlined in
Subsection V.B.2 above; urgency to receive the permit to receive authorization to begin
construction of the facility or facility modification; and/or potential loss of revenue due to delayed
project deadlines or commitments to customers/clients.
DAQ’s analysis of its past five years of permitting data suggests that its internal efficiency in
processing permits is already maximized. The primary factor for delays in processing permit
modification applications appears to be incomplete information submitted with the paperwork and
the downtime waiting for a response and information from applicants. As a result of the statutory
change and required rule revisions, to ensure their application is processed and issued under the
time restrictions, applicants may find it necessary to spend more time or hire a specialized
environmental consultant to complete the application. This cost is not a requirement of the proposed
rule; rather, it is a potential byproduct of the reduced flexibility afforded by the more stringent
timelines.
Because it is possible that facilities may choose to hire environmental consulting services for their
permit application preparation, those potential costs are outlined in this Subsection, to provide
context around this uncertain impact. The North Carolina Department of Commerce’s Labor and
Economic Analysis Division uses the D4, Demand Driven Data Delivery, to provide employment
information to the public as the official labor market data source.3 The average weekly reported
wage for environmental consulting services was $1,742.00, which equates to approximately $43.55
per hour.

3 D4 data accessed 8/27/2024 for North American Industry Classification System (NAICS) 541620.
https://d4.nccommerce.com/. Hourly wage was calculated using a 40-hour work week.

23

Table 3: North Carolina D4 Labor Market Data
Environmental Consulting Services Year 2023
Avg. hourly wage $43.55
Environmental engineering consultants may also be hired to prepare permit applications. The US
Department of Labor Statistics reported an average hourly wage of $50.65 for Environmental
Engineers in North Carolina (Table 4).4
Table 4: U.S. Bureau of Labor Statistics Wage Data for North Carolina
Environmental Engineer Year 2023
Avg. hourly wage $ 50.65
The time needed to complete a permit modification application is unique to each facility’s project,
but generally increases with increasing project scope and complexity. On the low end, a project
may require between one and two weeks of work by one consultant to complete an application for
submission to the DAQ. On the high end, it may take months and multiple consultants.
Furthermore, facilities may seek alternatives to fill this need from within through alternative
business means. Many facilities, especially more experienced applicants, already employ
environmental experts internally and externally to fulfill their permit preparation needs. Because of
this uncertainty and the wide range of time that any given application may require, the values listed
in this Subsection are provided for context only and are not intended to represent a total cost impact
of this rulemaking.
4. Application Consolidations and Streamlining
Often, the DAQ processes simultaneously pending permit renewal and permit modification
applications for a facility concurrently. The allows the DAQ to combine the technical review for
both applications, thus streamlining the reviews. With the S.L. timelines applying to a subset of the
total permit applications reviewed by the DAQ, certain efficiency approaches to permit processing -
- such as consolidation of permit applications for a more streamlined review -- may no longer be
practical since processing of a combined renewal and modification application may not be feasible
under the modification’s new 90-day timeline.
Additionally, if a facility with a pending modification submits another modification application, the
DAQ also often consolidates these two applications into one technical review. As with combined
renewal/modifications, this streamlines the DAQ’s review process and creates efficiencies that help
the permitting staff balance workload. Upon implementation of these rule revisions, it may no

4 U.S. Bureau of Labor Statistics (BLS) data for Environmental Engineer hourly wage in NC accessed 8/27/2024.
https://www.bls.gov/oes/current/oes172081.htm#st

24

longer be feasible for the Division to consolidate these applications while adhering to the new S.L.
timelines.
VI. Public Health and Environmental Impacts
The emissions standards and requirements that a facility must meet in order to receive a permit from the
DAQ have not changed in this proposal. Additionally, S.L. 2024-1, Section 4.13 requires the review and
approval of these air permitting program changes by the EPA for this rulemaking to be fully
implemented, which ensures standards for air quality permitting will be maintained. The permit review
process must still adhere to the requirements for North Carolina’s SIP and all federal and state
requirements for facility emissions. For these reasons, the quality of DAQ’s review will not be diminished
because of the proposed review time constraints. Therefore, no impact to the environment or public health
are expected to occur due to the changes within this proposed rulemaking.
VII. Rule Alternatives
In accordance with N.C.G.S. 150B-21.4(b2)(5), the fiscal note for a proposed rulemaking with a
substantial economic impact is required to contain a description of at least two alternatives to the
proposed rules. As defined in N.C.G.S. 150B-21.4(b1), “substantial economic impact” means an
aggregate financial impact on all persons affected of at least one million dollars ($1,000,000) in a 12-
month period. As shown in Section V of this fiscal note, the proposed rules are not expected to have a
substantial economic impact. Therefore, no alternatives have been evaluated in this section.
VIII. Cost and Benefit Summary
The most likely potential for benefits resulting from this rulemaking is increased certainty for regulated
entities and state personnel, with a more defined review timeline for processing complete applications.
This increased certainty could provide an incremental benefit to applicants who are in the planning phase
of their projects.
The proposed rule will require adjustments to DAQ’s current application review process which are likely
to result in reduced flexibilities for the applicant throughout the permit review process. As a result of
tighter application processing timelines, some applicants may choose to use external consulting services
to assist with preparing their permit applications, which may result in an additional cost to the applicants.
While the proposed rule does not require the hiring of external consulting services, DAQ believes it is a
likely outcome for a small portion of applicants, particularly those with more complex projects and those
without in-house expertise. The estimated cost to hire a qualified consultant in North Carolina ranges
from an average of $43.55 to $50.65 per hour. The total costs incurred by applicants to hire consultants
would be largely dependent on the number of hours involved in preparing the application, which can vary
greatly between simple and highly complex projects.
DAQ did not identify any impacts to local governments. To the extent that any of North Carolina’s local
government air agencies choose to adopt similar review timelines for the air quality permits within their
jurisdiction, those entities may experience similar impacts to those described throughout this analysis.
However, there is no indication that these changes in permit modification review timelines would impact
the review processes implemented by any of the local air quality agencies in North Carolina.
1 of 24
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
2 of 24
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
3 of 24
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
4 of 24
(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
5 of 24
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
6 of 24
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
7 of 24
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 been 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
8 of 24
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
9 of 24
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
10 of 24
(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
(6) 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
11 of 24
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
12 of 24
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
13 of 24
(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
14 of 24
(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
15 of 24
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: a letter signed by a responsible official in accordance with 15A NCAC 02Q .0520 26
describing the proposed change and explaining the need for the proposed change. 27
28
History Note: Authority G.S. 143-215.3(a)(1),(1a); 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. April 1, 2018; 34
Amended Eff. September 1, 2023; September 1, 2022. 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
16 of 24
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
3
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
20 of 24
(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
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(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