reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0102 - ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purposes of this Rule, the definitions listed in 15A NCAC 02D .0101 and 15A
				  NCAC 02Q .0103 shall apply.
(b)
				  This Rule shall not apply to:
(1) facilities
				  whose potential emissions require a permit pursuant to 15A NCAC 02Q .0500
				  (Title V Procedures); or
(2) a
				  source emitting a pollutant that is part of the facility's 15A NCAC 02D .1100
				  (Control of Toxic Air Pollutants) modeling demonstration if that source is not
				  exempted pursuant to 15A NCAC 02Q .0702.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Subchapter, the definitions in
					 G.S.
					 143-212 and
					 G.S.
					 143-213 and the following definitions
					 apply:
(1) "Administrator" means, when
				  it appears in any Code of Federal Regulation incorporated by reference in
				  15A NCAC
				  02Q, the Director of the Division of Air
				  Quality unless:
(a) a specific rule in this
				  Subchapter specifies otherwise, or
(b) the U.S. Environmental Protection Agency
				  in its delegation or approval states that a specific authority of the
				  Administrator of the Environmental Protection Agency is not included in its
				  delegation or approval.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0104 - WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  person may obtain application forms for a permit or permit modification from
				  the Division of Air Quality website at
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting
.
				  A person may request to receive copies of application forms available on the
				  Division of Air Quality website, and the Director shall provide the requested
				  copies.
(b) An applicant for a
				  permit or permit modification shall submit the application for permit or permit
				  modification as follows:
(1) Provide a hard
				  copy of submittals pursuant to
				  15A NCAC
				  02Q .0500 with original signature of the
				  responsible official, as defined in
				  15A NCAC
				  02Q .0503, to the Director, Division of Air
				  Quality, 1641 Mail Service Center, Raleigh, North Carolina
				  27699-1641.
(2) Provide a hard copy
				  of submittals pursuant to
				  15A NCAC
				  02Q .0300 with original signature of the
				  responsible official, as defined in
				  15A NCAC
				  02Q .0303, to the regional office address for
				  the region in which the facility is located in accordance with
				  15A NCAC
				  02Q .0105.
(3) After the Division makes available a
				  system for receiving electronic submittals, as identified in Paragraph (c) of
				  this Rule, applicants may submit permit applications in electronic format
				  following the procedures in Paragraph (c) of this Rule in lieu of the
				  procedures in Subparagraphs (1) and (2) of this Paragraph.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0105 - COPIES OF REFERENCED DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Copies of the Code of Federal Regulations (CFR) sections referred to in this
				  Subchapter may be obtained free of charge online at
https://www.govinfo.gov/app/collection/cfr/
.
				  Copies of the rules are also available for public inspection at Department of
				  Environmental Quality regional offices upon request. The contact information
				  for the regional offices is provided on the Division of Air Quality website at
https://deq.nc.gov/about/divisions/air-quality/regional-offices
.
(b) Excluding information entitled to
				  confidential treatment pursuant to
				  15A NCAC
				  02Q .0107, permit applications and permits
				  may be reviewed electronically through the public access portal on the Division
				  of Air Quality website or at a Department of Environmental Quality regional
				  office, which may be contacted as specified in Paragraph (a) of this
				  Rule.
(c) Paper copies of permit
				  applications and permits may be requested for pickup at a Department of
				  Environmental Quality regional office for ten cents ($0.10) per page.
Authority
					 G.S.
					 143-215.3(a)(1);
					 150B-19(5);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. December 1, 2005;
Readopted Eff.
					 April 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0106 - INCORPORATION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The CFRs referenced in this Subchapter shall be incorporated by reference and
				  shall include subsequent amendments and editions unless a rule specifies
				  otherwise.
(b) The CFR may be
				  obtained free of charge online at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
.
Authority
					 G.S.
					 143-215.3(a)(1);
					 150B-21.6;
Temporary
					 Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0107 - CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All information required to be submitted to the Commission or the Director
				  pursuant to
				  15A NCAC
				  02Q or 02D shall be disclosed to the public
				  unless the person submitting the information demonstrates that the information
				  is entitled to confidential treatment pursuant to
				  G.S.
				  143-215.3C.
(b) A request that information be treated as
				  confidential shall be made by the person submitting the information at the time
				  that the information is submitted. The request shall state in writing the
				  reasons why the information should be treated as confidential.
(c) The Director shall decide which
				  information is entitled to confidential treatment and shall notify the person
				  requesting confidential treatment of his or her decision within 180 days of
				  receipt of a request to treat information as confidential.
(d) Information for which a request has been
				  made pursuant to Paragraph (b) of this Rule shall be treated as confidential
				  until the Director decides that it is not confidential.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3C;
Temporary
					 Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. April 1, 1999; July 1, 1997;
Readopted Eff. April 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0108 - DELEGATION OF AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Director may delegate the processing of permit
					 applications and the issuance of permits to the Deputy Director, the regional
					 office air quality supervisor, or any supervisor in the Permitting Section of
					 the Division of Air Quality. This delegation shall not include the authority to
					 deny a permit application or to revoke or suspend a permit.
Authority
					 G.S.
					 143-215.3(a)(1),(4);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. July 1, 1998;
Readopted Eff. April
					 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0109 - COMPLIANCE SCHEDULE FOR PREVIOUSLY EXEMPTED ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a source has been exempt from
				  permitting but, because of change in permit exemptions, it is now required to
				  have a permit:
(1) if the source is located at
				  a facility that currently has an air quality permit, the source shall be added
				  to the air quality permit of the facility the next time that permit is revised
				  or renewed, whichever occurs first; or
(2) if the source is located at a facility
				  that currently does not have an air quality permit, the owner or operator of
				  that source shall apply for a permit within six months after the effective date
				  of the change in the permit exemption.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0110 - RETENTION OF PERMIT AT PERMITTED FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The permittee shall retain a copy of all active permits
					 issued pursuant to this Subchapter at the facility identified in the
					 permit.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143-215.109;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0111 - APPLICABILITY DETERMINATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Any person may submit a request in writing to the Director
					 requesting a determination as to whether a particular source or facility that
					 the person owns or operates or proposes to own or operate is subject to any of
					 the permitting requirements pursuant to this Subchapter. The request shall
					 contain information sufficient to make the requested determination. The
					 Director may request any additional information that is needed to make the
					 determination.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143-215.109;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0112 - APPLICATIONS REQUIRING PROFESSIONAL ENGINEER SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If required by G.S. 89C, a professional
				  engineer shall seal technical portions of air permit applications for new
				  sources and modifications of existing sources as defined in
				  15A NCAC
				  02Q .0103 that involve:
(1) design;
(2) determination of applicability and
				  appropriateness; or
(3)
				  determination and interpretation of performance of air pollution capture and
				  control systems.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0113 - NOTIFICATION IN AREAS WITHOUT ZONING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  State and local governments shall be exempt from this Rule.
(b) Before a person submits a permit
				  application for a new or expanded facility in an area without zoning, he or she
				  shall:
(1) publish a legal notice in a
				  newspaper of general circulation in the area where the source is or will be
				  located at least two weeks before submitting the permit application for the
				  source. The notice shall identify:
(A) the
				  name of the affected facility;
(B)
				  the name and address of the permit applicant; and
(C) the activity or activities involved in
				  the permit action; and
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0201 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section
				  shall apply to all permitted facilities.
(b) A general facility obtaining a permit
				  pursuant to
				  15A NCAC
				  02Q .0509 shall comply with provisions of
				  this Section that are applicable to a Title V facility except that the fees are
				  different as stated in
				  15A NCAC
				  02Q .0203.
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b),(1d);
					 143-215.106A;
					 150B-21.6;
Temporary
					 Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent
					 rule is effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. July 1, 1998; July 1, 1996;
Readopted Eff. April 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the following definitions
					 apply:
(1) "Actual emissions" means
				  the actual rate of emissions in tons per year of any air pollutant emitted from
				  the facility over the preceding calendar year. Actual emissions shall be
				  calculated using the sources' actual operating hours, production rates,
				  in-place control equipment, and types of materials processed, stored, or
				  combusted during the preceding calendar year. Actual emissions shall include
				  fugitive emissions as specified in the definition of major source in
				  40 CFR
				  70.2. For fee applicability and calculation
				  purposes pursuant to
				  15A NCAC
				  02Q .0201 or
				  02Q .0203 and emissions reporting
				  purposes pursuant to
				  15A NCAC
				  02Q .0207, actual emissions shall not include
				  emissions beyond the normal emissions during violations, malfunctions,
				  start-ups, and shut-downs; do not include a facility's secondary emissions such
				  as those from motor vehicles associated with the facility; and do not include
				  emissions from insignificant activities because of category as defined pursuant
				  to 15A
				  NCAC 02Q .0503.
(2) "General facility" means a facility
				  obtaining a permit pursuant to
				  15A NCAC
				  02Q .0310 or
				  02Q .0509.
(3) "Minor modification" means a modification
				  made pursuant to
				  15A NCAC
				  02Q .0515, Minor Permit
				  Modifications.
(4) "Significant
				  modification" means a modification made pursuant to
				  15A NCAC
				  02Q .0516, Significant Permit
				  Modification.
(5) "Small facility"
				  means a facility that is not a Title V facility, a synthetic minor facility, a
				  general facility, nor solely a transportation facility.
(6) "Synthetic minor facility" means a
				  facility that would be a Title V facility except that the potential emissions
				  are reduced below the thresholds in Item (7) of this Rule by one or more
				  physical or operational limitations on the capacity of the facility to emit an
				  air pollutant. Such limitations shall be enforceable by EPA and may include air
				  pollution control equipment, restrictions on hours of operation, and the type
				  or amount of material combusted, stored, or processed.
(7) "Title V facility" means a facility that
				  is required to have a permit pursuant to
				  15A NCAC
				  02Q .0500 except perchloroethylene dry
				  cleaners whose potential emissions are less than:
(a) 10 tons per year of each hazardous air
				  pollutant;
(b) 25 tons per year of
				  all hazardous air pollutants combined; and
(c) 100 tons per year of each regulated air
				  pollutant.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0203 - PERMIT AND APPLICATION FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The owner or operator of any facility holding a permit shall pay the following
				  annual permit fees:
ANNUAL PERMIT FEES
(FEES FOR CALENDAR YEAR 2021)
Facility Category
Tonnage Factor
Basic Permit Fee
Nonattainment Area Added Fee
Title V
$40.00
$8,775
$4,056
Synthetic Minor
$1,500
Small
$250
General
50% of the otherwise applicable fee
General Title V ACI
10% of the otherwise applicable fee
A facility, other than a Title V facility, that has been in
					 compliance is eligible for a 25 percent discount from the annual permit fees as
					 described in
					 15A NCAC
					 02Q .0205(a). Annual permit
					 fees for Title V facilities in this Paragraph shall be adjusted for inflation
					 as described in
					 15A NCAC
					 02Q .0204. Annual permit fees for Title V
					 facilities in this Paragraph are equal to the sum of the basic permit fee,
					 tonnage factor fee, and nonattainment area added fee, as applicable.
(b) In addition to the annual
				  permit fees required by Paragraph (a) of this Rule, the owner or operator of a
				  Title V facility shall pay the following annual complexity fee, as applicable:
(1) for facilities subject to at least three
				  and no greater than six of the federal programs identified in Paragraph (c) of
				  this Rule, the added annual complexity fee shall be two thousand five hundred
				  dollars ($2,500); or
(2) for
				  facilities subject to seven or greater of the federal programs identified in
				  Paragraph (c) of this Rule, the added annual complexity fee shall be seven
				  thousand five hundred dollars ($7,500).
Annual complexity fees for Title V facilities shall be
					 adjusted for inflation as described in
					 15A NCAC
					 02Q .0204.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0204 - INFLATION ADJUSTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Beginning in 2012, the fees of
					 15A NCAC
					 02Q .0203 for Title V facilities shall be
					 adjusted as of January 1st of each year for
					 inflation. The inflation adjustment shall be done by the method described in
					 40 CFR
					 70.9(b)(2)(iv). The tonnage
					 factor shall be rounded to a whole cent and the other fees shall be rounded to
					 a whole dollar, except that the ownership change application fee shall be
					 rounded to the nearest ten-dollar ($10.00) increment.
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b),(1d);
					 150B-21.6;
Temporary
					 Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is
					 effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. March 1, 2008; July 1, 1996;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0205 - OTHER ADJUSTMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a facility
				  other than a Title V facility has been in full compliance with all applicable
				  administrative, regulatory, and self-monitoring reporting requirements and
				  permit conditions during the previous calendar year, the annual permit fee
				  shall be 25% less than that listed in
				  15A NCAC
				  02Q .0203. A facility shall be considered to
				  have been in compliance during the previous calendar year if it has not been
				  sent any Notices of Non-compliance or Notices of Violation during that calendar
				  year.
(b) If a facility changes so
				  that its facility category changes, the annual fee changes with the next annual
				  fee.
(c) A facility that is moved
				  to a new site may receive credit toward new permit fees for any unused portion
				  of an annual fee if the permit for the old site is relinquished.
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b),(1d);
					 150B-21.6;
Temporary
					 Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0206 - PAYMENT OF FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Payment of fees
				  required pursuant to
				  15A NCAC
				  02Q .0200 may be by check or money order made
				  payable to the N.C. Department of Environmental Quality. Annual permit fee
				  payments shall refer to the permit number.
(b) If, within 30 days after being billed,
				  the permit holder fails to pay an annual fee required pursuant to
				  15A NCAC
				  02Q .0200, the Director may initiate action
				  to terminate the permit pursuant to
				  15A NCAC
				  02Q .0309 or
				  02Q .0519.
(c) A holder of multiple permits may arrange
				  to consolidate the payment of annual fees into one annual payment.
(d) The payment of the permit application fee
				  required by
				  15A NCAC
				  02Q .0200 shall accompany the application and
				  is non-refundable.
(e) The Division
				  shall annually prepare and make publicly available an accounting showing
				  aggregate fee payments collected pursuant to
				  15A NCAC
				  02Q .0200 from facilities that have obtained
				  or will obtain permits pursuant to
				  15A NCAC
				  02Q .0500 except synthetic minor facilities,
				  as defined in
				  15A NCAC
				  02Q .0503, and showing a summary of
				  reasonable direct and indirect expenditures required to develop and administer
				  the Title V permit program.
(f) In
				  lieu of the procedures in Paragraph (a) of this Rule, fees required pursuant to
				  15A NCAC
				  02Q .0200 may be paid electronically if an
				  electronic payment option is available for the fee, as provided on the Division
				  of Air Quality Permitting website at
https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting
.
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b),(1d);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. September 1, 2015;
Readopted Eff.
					 April 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0200 - PERMIT FEES › Section 02Q .0207 - ANNUAL EMISSIONS REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The owner or operator of a Title V facility shall report by June 30th of each
				  year the actual emissions during the previous calendar year of:
(1) volatile organic compounds;
(2) nitrogen oxides;
(3) total suspended particulates;
(4) sulfur dioxide;
(5) fluorine;
(6) hydrogen chloride;
(7) hydrogen fluoride;
(8) hydrogen sulfide;
(9) methyl chloroform;
(10) methylene chloride;
(11) ozone;
(12) chlorine;
(13) hydrazine;
(14) phosphine;
(15) particulate matter (PM10);
(16) carbon monoxide;
(17) lead; and
(18) perchloroethylene.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0301 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except for the
				  permit exemptions allowed pursuant to
				  15A NCAC
				  02Q .0102 and
				  15A NCAC
				  02Q .0900 or as allowed pursuant to
				  G.S.
				  143-215.108A, the owner or operator of a new,
				  modified, or existing facility or source shall not begin construction or
				  operation without first obtaining a construction and operation permit pursuant
				  to 15A
				  NCAC 02Q .0300; however, Title V facilities
				  shall be subject to the Title V procedures pursuant to
				  15A NCAC
				  02Q .0500 including the acid rain procedures
				  pursuant to
				  15A NCAC
				  02Q .0400 for Title IV sources.
(b) The owner or operator of a source
				  required to have a permit pursuant to this Section shall also be subject to
				  applicable air toxic permit procedures pursuant to
				  15A NCAC
				  02Q .0700.
(c) The owner or operator of a source
				  required to have a permit under this Section shall pay permit fees required
				  pursuant to
				  15A NCAC
				  02Q .0200.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. December 1, 2005; July 1, 1998;
Readopted Eff. April 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0302 - REPEALED - FACILITIES NOT LIKELY TO CONTRAVENE DEMONSTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. July 1, 1998; July 1, 1996;
Repealed
					 Eff. June 13, 2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0303 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the following definitions
					 apply:
(1) "Modified facility" means a
				  modification of an existing facility or source and:
(a) the permitted facility or source is being
				  modified in such a manner as to require a new or reissued permit pursuant to
				  this Section; or
(b) a new source
				  is being added in such a manner as to require a new or reissued permit pursuant
				  to this Section.
A modified facility does not include a facility or source
					 that requests to change name or ownership, construction or test dates, or
					 reporting procedures.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0304 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Obtaining and
				  filing application. Permit, permit modification, or permit renewal applications
				  may be obtained and shall be filed according to
				  15A NCAC
				  02Q .0104.
(b) Information to accompany application.
				  Along with filing a complete application form, the applicant shall also file
				  the following:
(1) for a new facility or an
				  expansion of existing facility, a zoning consistency determination according to
				  G.S.
				  143-215.108(f) that:
(A) bears the date of receipt entered by the
				  clerk of the local government; or
(B) consists of a letter from the local
				  government indicating that zoning or subdivision ordinances are met by the
				  facility;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0305 - APPLICATION SUBMITTAL CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant does not submit the following information
					 with the application package, the application package shall be considered
					 incomplete for processing:
(1) for new
				  facilities and modified facilities:
(a) an
				  application fee required pursuant to
				  15A NCAC
				  02Q .0200;
(b) a zoning consistency determination
				  required pursuant to
				  15A NCAC
				  02Q .0304(b)(1);
(c) the documentation required pursuant to
				  15A NCAC
				  02Q .0304(b)(2) if
				  required;
(d) a financial
				  qualification or substantial compliance statement pursuant to
				  15A NCAC
				  02Q .0507(d)(3), if
				  required; and
(e) applications
				  required pursuant to
				  15A NCAC
				  02Q .0304(a) and signed by
				  the responsible official;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0306 - PERMITS REQUIRING PUBLIC PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director shall provide public notice
				  for comments with an opportunity for the public to request a public hearing on
				  draft permits for the following:
(1) any
				  source that may be designated by the Director based on public interest relevant
				  to air quality;
(2) a source to
				  which 15A NCAC 02D .0530 or
				  02D .0531 applies;
(3) a source whose emission limitation is
				  based on a good engineering practice stack height that exceeds the height
				  defined in
				  15A NCAC
				  02D .0533(a)(4)(A), (B), or
				  (C);
(4) a source required to have
				  controls more stringent than the applicable emission standards in
				  15A NCAC
				  02D .0500 according to
				  15A NCAC
				  02D .0501 when necessary to comply with an
				  ambient air quality standard pursuant to
				  15A NCAC
				  02D .0400;
(5) alternative controls different than the
				  applicable emission standards in
				  15A NCAC
				  02D .0900 pursuant to
				  15A NCAC
				  02D .0952;
(6) a limitation on the quantity of
				  solvent-borne ink that may be used by a printing unit or printing system
				  pursuant to
				  15A NCAC
				  02D .0961 and
				  02D .0965;
(7) an allowance of a particulate emission
				  rate of 0.08 grains per dry standard cubic foot for an incinerator constructed
				  before July 1, 1987, in accordance with
				  15A NCAC
				  02D
				  .1208(b)(2)(B);
(8) an alternative mix of controls pursuant
				  to 15A
				  NCAC 02D .0501(f);
(9) a source that is subject to the
				  requirements of
				  15A NCAC
				  02D .1109 or
				  02D .1112;
(10) a source seeking exemption from the
				  20-percent opacity standard pursuant to
				  15A NCAC
				  02D .0521(f);
(11) a source using an alternative monitoring
				  procedure or methodology pursuant to
				  15A NCAC
				  02D .0606(g) or
				  02D .0608(g); or
(12) when the owner or operator requests that
				  the draft permit go to public notice with an opportunity to request a public
				  hearing.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0307 - PUBLIC PARTICIPATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  This Rule shall not apply to sources subject to the requirements of
				  15A NCAC
				  02D .0530 or
				  02D .0531 or Appendix S of 40 CFR
				  Part 51 . For sources subject to the requirements of
				  15A NCAC
				  02D .0530 or
				  02D .0531 or Appendix S of 40 CFR
				  Part 51 , the procedures in
				  15A NCAC
				  02D .0530 or
				  02D .0531 or Appendix S of 40 CFR
				  Part 51 shall be followed, respectively.
(b) Public notice shall be given by
				  publication in a newspaper of general circulation in the area where the
				  facility is located and shall be provided to persons who are on the Division's
				  notification list for air quality permit notices and to the EPA.
(c) The public notice shall identify:
(1) the affected facility;
(2) the name and address of the
				  permittee;
(3) the name and address
				  of the person to whom to send comments and requests for public
				  hearing;
(4) the name, address, and
				  telephone number of a Divisional staff person from whom interested persons may
				  obtain additional information, including copies of the draft permit, the
				  application, compliance plan, monitoring and compliance reports, other relevant
				  supporting materials, and other materials available to the Division that are
				  relevant to the permit decision;
(5) the activity or activities involved in
				  the permit action;
(6) the
				  emissions change involved in a permit modification;
(7) a brief description of the public comment
				  procedures;
(8) the procedures to
				  follow to request a public hearing unless a public hearing has already been
				  scheduled; and
(9) the time and
				  place of the hearing that has already been scheduled.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0308 - FINAL ACTION ON PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director may:
(1) issue a permit, permit
				  modification, or a renewal containing the conditions necessary to carry out the
				  purposes of G.S. 143, Article 21B;
(2) rescind a permit upon request by the
				  permittee; or
(3) deny a permit
				  application when necessary to carry out the purposes of G.S. 143, Article
				  21B.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0309 - TERMINATION, MODIFICATION AND REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director may terminate, modify, or
				  revoke and reissue any permit issued pursuant to this Section if:
(1) the information contained in the
				  application or presented in support thereof is determined to be
				  incorrect;
(2) the conditions under
				  which the permit or permit renewal was granted have changed;
(3) violations of conditions contained in the
				  permit have occurred;
(4) the
				  permit holder fails to pay the fee required pursuant to
				  15A NCAC
				  02Q .0200 within 30 days after being
				  billed;
(5) the permittee refuses
				  to allow the Director or their authorized representative upon presentation of
				  credentials:
(A) to enter the permittee's
				  premises in which a source of emissions is located or in which any records are
				  required to be kept pursuant to the terms and conditions of the
				  permit;
(B) to have access to any
				  copy or records required to be kept pursuant to the terms and conditions of the
				  permit;
(C) to inspect any source
				  of emissions, control equipment, and any monitoring equipment or method
				  required in the permit; or
(D) to
				  sample any emission source at the facility; or
(6) the Director finds that termination,
				  modification, or revocation and reissuance of a permit is necessary to carry
				  out the purpose of G.S. 143, Article 21B.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0310 - PERMITTING OF NUMEROUS SIMILAR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall not issue a single permit for more than one facility
				  pursuant to this Rule unless:
(1) there is no
				  difference between the facilities that would require special permit conditions
				  for any individual facility; and
(2) no unique analysis is required for any
				  facility covered by the permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0311 - PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES

Current through Register Vol. 39, No. 2, July 15, 2024
The Director shall not issue a single permit authorizing
					 emissions from a facility or source at multiple temporary sites unless the
					 permit includes:
(1) the
				  identification of each site;
(2)
				  the conditions that will assure compliance with all applicable requirements at
				  all approved sites;
(3) a
				  requirement that the permittee notify the Division at least 10 days in advance
				  of each change of site; and
(4) the
				  conditions that assure compliance with all other provisions of this
				  Section.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the
					 permanent rule becomes effective, whichever is sooner;
Eff. July 1,
					 1994;
Amended Eff. July 1, 1996;
Readopted Eff. April
					 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0313 - EXPEDITED APPLICATION PROCESSING SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Using the procedures contained in this Rule may result in a permit that EPA
				  does not recognize as a valid permit.
(b) An applicant may file an application to
				  follow the expedited review for application certified by a professional
				  engineer as set out in
				  G.S.
				  143-215.108(h) if:
(1) the applicant specifically requests that
				  the permit application be processed pursuant to the procedures in
				  G.S.
				  143-215.108(h);
				  and
(2) the applicant submits:
(A) applications as required pursuant to
				  15A NCAC
				  02Q .0304 and
				  02Q .0305;
(B) a completeness checklist showing that the
				  permit application is complete;
(C)
				  a draft permit;
(D) all required
				  dispersion modeling;
(E) a
				  certification signed by a professional engineer registered in North Carolina
				  certifying the accuracy and completeness of draft permit and the application,
				  including emissions estimates, applicable standards and requirements, and
				  process specifications;
(F) a
				  zoning consistency determination as required pursuant to
				  15A NCAC
				  02Q .0304(b)(1);
(G) a written description of current and
				  projected plans to reduce the emissions of air contaminants as required
				  pursuant to
				  15A NCAC
				  02Q .0304(b)(2);
(H) a financial qualification if
				  required;
(I) substantial
				  compliance statement if required; and
(J) the application fee as required pursuant
				  to 15A
				  NCAC 02Q .0200.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0314 - GENERAL REQUIREMENTS FOR ALL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All emissions limitations, controls, and other requirements imposed by a permit
				  issued pursuant to this Section shall be at least as stringent as any other
				  applicable requirement as defined pursuant to
				  15A NCAC
				  02Q .0103. The permit shall not waive or make
				  less stringent any limitation or requirement contained in any applicable
				  requirement.
(b) Emissions
				  limitations, controls, and requirements contained in permits issued pursuant to
				  this Section shall be permanent, quantifiable, and otherwise enforceable as a
				  practical matter pursuant to
				  G.S.
				  143-215.114A,
				  143-215.114B, and
				  143-215.114C.
(c) The owner or operator of a source
				  permitted under this Section shall comply with the permit. Failure of the owner
				  or operator of a permitted source to comply with the terms and conditions of
				  the permit shall be grounds for:
(1)
				  enforcement action;
(2) permit
				  termination, revocation and reissuance, or modification; or
(3) denial of permit renewal
				  applications.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0315 - SYNTHETIC MINOR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  synthetic minor facility means a facility whose permit contains terms and
				  conditions to avoid the procedures of
				  15A NCAC
				  02Q .0500, Title V Procedures.
(b) The owner or operator of a facility to
				  which 15A NCAC 02Q .0500 applies may
				  request to have terms and conditions placed in the facility's permit to
				  restrict operations, limiting the potential to emit of the facility and making
				  the requirements of
				  15A NCAC
				  02Q .0500 inapplicable to the facility. An
				  application for the addition of such terms and conditions shall be processed
				  pursuant to this Section.
(c) A
				  modification to a permit to remove terms and conditions in the permit that made
				  15A NCAC
				  02Q .0500 inapplicable shall be processed
				  pursuant to this Section or
				  15A NCAC
				  02Q .0500. The applicant shall choose which
				  of these procedures to follow. However, if the terms and conditions are removed
				  following the procedures of this Section, the permittee shall submit a permit
				  application pursuant to the procedures of
				  15A NCAC
				  02Q .0500 within one year after the limiting
				  terms and conditions are removed.
(d) After a facility is issued a permit that
				  contains terms and conditions that made
				  15A NCAC
				  02Q .0500 inapplicable, the facility shall
				  comply with the permitting requirements of this Section.
(e) The Director may require monitoring,
				  recordkeeping, and reporting necessary to assure compliance with the terms and
				  conditions placed in a permit issued pursuant to this Rule.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.65;
					 143-215.66;
					 143-215.107(a)(10);
					 143-215.108;
Eff.
					 July 1, 1999;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0316 - ADMINISTRATIVE PERMIT AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  "administrative permit amendment" means a permit revision that:
(1) corrects typographical errors;
(2) identifies a change in the name, address,
				  or telephone number of any individual identified in the permit or provides a
				  similar minor administrative change at the facility;
(3) requires more frequent monitoring or
				  reporting by the permittee;
(4)
				  changes test dates or construction dates, provided that no applicable
				  requirements are violated by the change in test dates or construction dates;
				  or
(5) changes the permit number
				  without changing any portion of the permit that would not otherwise qualify as
				  an administrative amendment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0317 - AVOIDANCE CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner or
				  operator of a facility may request that terms and conditions be placed in that
				  facility's permit to avoid the applicability of:
(1)
											15A NCAC
				  02D .0530, Prevention of Significant
				  Deterioration;
(2)
											15A NCAC
				  02D .0531, Sources in Nonattainment
				  Areas;
(3)
											15A NCAC
				  02D .0900, Volatile Organic
				  Compounds;
(4)
											15A NCAC
				  02D .1109, 112(j) Case-by-Case Maximum
				  Achievable Control Technology;
(5)
											15A NCAC
				  02D .1111, Maximum Achievable Control
				  Technology;
(6)
											15A NCAC
				  02D .1112, 112(g) Case-by-Case Maximum
				  Achievable Control Technology;
(7)
											15A NCAC
				  02D .1400, Nitrogen Oxides; or
(8) other rules of
				  15A NCAC
				  02D, Air Pollution Control Requirements or
				  Title 40 of the Code of Federal Regulations that contain applicability
				  thresholds.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0318 - CHANGES NOT REQUIRING PERMIT REVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  This Rule applies to sources that are not exempt pursuant to
				  15A NCAC
				  02Q .0102 and to facilities that have been
				  issued an air quality permit pursuant to this Section.
(b) An owner or operator of a facility may
				  make changes to that facility without first modifying an applicable air permit
				  if:
(1) the change does not violate any
				  existing requirements or add new applicable requirements;
(2) the change does not cause emissions
				  allowed under the current permit to be exceeded;
(3) the change does not require a
				  modification of a permit term or condition pursuant to Rule .0315 or avoidance
				  condition pursuant to Rule .0317 of this Section;
(4) the change does not require a permit
				  pursuant to
				  15A NCAC
				  02Q .0700, Toxic Air Pollutant
				  Procedures;
(5) the change does not
				  require a professional engineer's seal pursuant to Rule
				  15A NCAC
				  02Q .0112; and
(6) the owner or operator notifies the
				  Director in writing, using forms provided by the Division, seven calendar days
				  before the change is made. Within 10 business days of receipt of the notice,
				  the Division shall notify the owner or operator of its determination that the
				  change meets the requirements of Subparagraphs (b)(1) through (b)(5) of this
				  Rule.