reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0400 - ACID RAIN PROCEDURES › Section 02Q .0401 - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of this Rule is to implement
				  Phase II of the federal acid rain program pursuant to the requirements of Title
				  IV of the Clean Air Act as provided in 40 CFR Parts 72 and 76.
(b) This Section shall apply to the sources
				  described in 40 CFR
				  72.6 with such exceptions as allowed pursuant
				  to 40 CFR
				  72.6.
(c) A certifying official of any unit may
				  petition the Administrator for a determination of applicability under
				  40 CFR
				  72.6(c). The Administrator's
				  determination of applicability shall be binding upon the Division, except as
				  allowed under 40 CFR
				  72.6(c).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(8);
					 143-215.108;
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. April 1, 2001; April 1, 1999; April 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 .0400 - ACID RAIN PROCEDURES › Section 02Q .0402 - ACID RAIN PERMITTING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For the purpose of this Rule the definitions contained in
				  40 CFR
				  72.2 and
				  76.2 and the measurements,
				  abbreviations, and acronyms contained in
				  40 CFR
				  72.3 shall apply.
(b) Affected units as defined in
				  40 CFR
				  72.6,
				  76.1, or
				  15A NCAC 02Q .0402(b) shall comply
				  with the permit, monitoring, sulfur dioxide, nitrogen oxides, excess emissions,
				  recordkeeping and reporting, liability, and any other provisions as required in
				  40 CFR Part 72 and 76. The term "permitting authority" shall mean the
				  Department of Environmental Quality and the term "Administrator" shall mean the
				  Administrator of the United States Environmental Protection Agency.
(c) If the provisions or requirements of 40
				  CFR Part 72 or 76 conflict with or are not included in
				  15A NCAC
				  02Q .0500, then Part 72 or 76 provisions and
				  requirements shall apply and take precedence.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(8);
					 143-215.108;
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. April 1, 1999; April 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 .0400 - ACID RAIN PROCEDURES › Section 02Q .0413-0418

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.65;
					 143-215.66;
					 143-215.107(a)(8);
					 143-215.108;
Eff.
					 July 1, 1994;
Repealed Eff. April 1,
					 1996.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0501 - PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The purpose of this Section is to establish an air quality permitting program
				  as required pursuant to Title V of the Clean Air Act and 40 CFR Part
				  70.
(b) With the exception in
				  Paragraph (c) of this Rule, the owner or operator of an existing facility, new
				  facility, or modification of an existing facility (except for minor
				  modifications pursuant to
				  15A NCAC
				  02Q .0515), including significant
				  modifications that would not contravene or conflict with a condition in the
				  existing permit, shall not begin construction without first obtaining:
(1) a construction and operation permit
				  following the procedures set forth in this Section (except for
				  15A NCAC
				  02Q .0504), or
(2) a construction and operation permit
				  following the procedures set forth in
				  15A NCAC
				  02Q .0504 and filing a complete application
				  within 12 months after commencing operation to modify the construction and
				  operation permit to meet the requirements of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0502 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  provided in Paragraph (b) or (c) of this Rule, the following facilities are
				  required to obtain a permit pursuant to this Section:
(1) major facilities;
(2) facilities with a source subject to
				  15A NCAC
				  02D .0524 or 40 CFR Part 60, except new
				  residential wood heaters;
(3)
				  facilities with a source subject to
				  15A NCAC
				  02D .1110 or 40 CFR Part 61, except asbestos
				  demolition and renovation activities;
(4) facilities with a source subject to
				  15A NCAC
				  02D .1111 or 40 CFR Part 63 or any other
				  standard or other requirement set forth in Section 112 of the federal Clean Air
				  Act, except that a source is not required to obtain a permit solely because it
				  is subject to rules or requirements set forth in Section 112(r) of the federal
				  Clean Air Act;
(5) facilities to
				  which 15A NCAC 02D
				  .0517(2),
				  02D .0528,
				  02D .0529,
				  02D .0534, or .1700
				  applies;
(6) facilities with a
				  source subject to Title IV or 40 CFR Part 72; or
(7) facilities in a source category
				  designated by EPA as subject to the requirements of 40 CFR Part 70.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0503 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the definitions in
					 G.S.
					 143-212,
					 G.S.
					 143-213,
					 15A NCAC
					 02Q .0103, and the following definitions
					 apply:
(1) "Affected States" means all
				  states or local air pollution control agencies whose areas of jurisdiction are:
(a) contiguous to North Carolina and located
				  less than D=Q/12.5 from the facility, where:
(i) Q = emissions of the pollutant emitted at
				  the highest permitted rate in tons per year, and
(ii) D = distance from the facility to the
				  contiguous state or local air pollution control agency in miles unless the
				  applicant can demonstrate that the ambient impact in the contiguous states or
				  local air pollution control agencies is less than the incremental ambient
				  levels in
				  15A NCAC
				  02D .0532(c)(5);
				  or
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0504 - OPTION FOR OBTAINING CONSTRUCTION AND OPERATION PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  15A NCAC
				  02Q .0501(b)(2) or (c)(2),
				  the owner or operator of a new or modified facility subject to the requirements
				  of this Section that chooses to obtain a construction and operation permit
				  before the facility is required to obtain a permit pursuant to this Section may
				  file an application pursuant to
				  15A NCAC
				  02Q .0300.
(b) The applicant shall state in his or her
				  permit application that he or she wishes to follow the procedures in Paragraph
				  (a) of this Rule.
(c) If the
				  procedures in
				  15A NCAC
				  02Q .0300 are followed, the permittee shall
				  have 12 months after the facility or source becomes subject to the permit
				  program in
				  15A NCAC
				  02Q .0500 if the permittee is applying for a
				  Title V permit for the first time. Otherwise, the permittee shall have 12
				  months from the date of beginning operation of the modified facility or source
				  to file an amended application following the procedures in this Section. The
				  Director shall place a condition in the construction and operation permit
				  stating this requirement.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
					 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;
Readopted Eff. April 1, 2018;
Amended Eff.
					 September 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0505 - APPLICATION SUBMITTAL CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant does not submit the following information
					 with its application package, the application package shall be returned:
(1) for new facilities and modified
				  facilities:
(a) an application fee as required
				  pursuant to
				  15A NCAC
				  02Q .0200;
(b) a consistency determination as required
				  pursuant to
				  15A NCAC
				  02Q .0507(d)(1);
(c) the documentation required pursuant to
				  15A NCAC
				  02Q .0507(d)(2);
(d) a financial qualification or substantial
				  compliance statement pursuant to
				  15A NCAC
				  02Q .0507(d)(3) if required;
				  and
(e) applications as required
				  pursuant to
				  15A NCAC
				  02Q .0507(a), signed as
				  required by
				  15A NCAC
				  02Q .0520;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0506 - REPEALED - INITIAL PERMIT APPLICATION SUBMITTAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
					 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;
Repealed Eff. July 1,
					 2007.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0507 - APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except for:
(1) minor permit modifications covered
				  pursuant to
				  15A NCAC
				  02Q .0515;
(2) significant modifications covered
				  pursuant to
				  15A NCAC
				  02Q .0516(c); or
(3) renewals submitted pursuant to
				  15A NCAC
				  02Q .0513;
the owner or operator of a new or existing source shall
					 have 12 months after the facility or source becomes subject to the Title V
					 operating permit program pursuant to
					 15A NCAC
					 02Q .0500 to file a complete application for
					 a permit or permit revision. However, the owner or operator of a source shall
					 not begin construction or operation of a source until he or she has obtained a
					 construction and operation permit pursuant to
					 15A NCAC
					 02Q .0501(b) or (c) and
					 15A NCAC
					 02Q .0504.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0508 - PERMIT CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit shall
				  specify and reference the origin and authority for each term or condition and
				  shall identify differences compared to the applicable requirement on which the
				  term or condition is based.
(b) A
				  permit shall specify emission limitations and standards, including operational
				  requirements and limitations, that assure compliance with all applicable
				  requirements at the time of permit issuance.
(c) Where an applicable requirement of the
				  federal Clean Air Act is more stringent than an applicable requirement of rules
				  promulgated pursuant to Title IV, both provisions shall be placed in a permit.
				  A permit shall state that both provisions are enforceable by EPA.
(d) A permit for sources using an alternative
				  emission limit established in
				  15A NCAC
				  02D .0501(d) or
				  15A NCAC
				  02D .0952 shall contain provisions to ensure
				  that any resulting emissions limit has been demonstrated to be quantifiable,
				  accountable, enforceable, and based on replicable procedures.
(e) The expiration date of a permit shall be
				  for a fixed term of five years for sources covered by Title IV and for a term
				  of no more than five years from the date of issuance for all other sources
				  including solid waste incineration units combusting municipal waste subject to
				  standards in Section 129(e) of the federal Clean Air Act.
(f) A permit shall contain monitoring and
				  related recordkeeping and reporting requirements as specified in
				  40 CFR
				  70.6(a)(3) and
				  70.6(c)(1),
				  including conditions requiring:
(1) the
				  permittee to submit reports of required monitoring no less frequent than every
				  six months. The permittee shall submit reports:
(A) on forms obtained from the Division as
				  specified in
				  15A NCAC
				  02Q .0104;
(B) in a manner as specified by a permit
				  condition; or
(C) on other forms
				  that contain the information required by this Subchapter or as specified by a
				  permit condition;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0509 - PERMITTING OF NUMEROUS SIMILAR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall not issue a single permit to cover numerous similar
				  facilities or sources unless a notice and opportunity for public participation
				  has been provided as required by
				  15A NCAC
				  02Q .0521.
(b) The Director shall not issue a single
				  permit for numerous similar facilities and sources pursuant to this Rule
				  unless:
(1) there is no difference between the
				  facilities or sources that would require special permit conditions for any
				  individual facility or source; and
(2) no unique analysis is required for any
				  facility or source covered by the permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0510 - PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director may, issue a single permit
				  authorizing emissions from similar operations by the same facility owner or
				  operator at multiple temporary sites, based on factors such as those set forth
				  in this Rule.
(b) No facility shall
				  qualify for a permit for multiple temporary sites pursuant to this Rule unless
				  the operation involves at least one change of site during the term of the
				  permit.
(c) Sources subject to
				  Title IV shall not be eligible for a permit pursuant to this Section.
(d) Permits for facilities at multiple
				  temporary sites shall include:
(1)
				  identification of each site;
(2)
				  conditions that will assure compliance with all applicable requirements at all
				  authorized locations;
(3)
				  requirements that the permittee notify the Division at least 10 days in advance
				  of each change of location; and
(4)
				  conditions that assure compliance with all other provisions of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0511 - REPEALED - SYNTHETIC MINOR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is
					 effective, whichever is sooner;
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, 1994;
Repealed Eff. July 1,
					 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0512 - PERMIT SHIELD AND APPLICATION SHIELD

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Permit Shield:
(1) The Director shall place
				  in a permit issued pursuant to this Section a permit term or condition (a
				  permit shield) stating that compliance with the conditions of the permit shall
				  be deemed compliance with applicable requirements specifically identified in
				  the permit in effect as of the date of permit issuance, provided that:
(A) such applicable requirements are included
				  and are specifically identified in the permit; or
(B) the Director, in acting on the permit
				  application or revision, determines in writing that other requirements
				  specifically identified are not applicable to the source and the permit
				  includes that determination or a concise summary thereof.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0513 - PERMIT RENEWAL AND EXPIRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Permits being renewed shall be subject to the procedural requirements of this
				  Section, including those for public participation and affected state and EPA
				  review.
(b) Permit expiration shall
				  terminate the facility's right to operate unless a complete renewal application
				  has been submitted at least six months before the date of permit
				  expiration.
(c) If the permittee or
				  applicant has complied with
				  15A NCAC
				  02Q .0512(b)(1), the
				  existing permit shall not expire until the renewal permit has been issued or
				  denied. All terms and conditions of the existing permit shall remain in effect
				  until the renewal permit has been issued or denied.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
					 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;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0514 - 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;
(5) removes designation of
				  State-enforceable only from terms and conditions provided that the terms and
				  conditions have become federally enforceable through Section 110, 111, or 112
				  or other parts of the federal Clean Air Act;
(6) changes the permit number without
				  changing any portion of the permit that would not otherwise qualify as an
				  administrative amendment; or
(7)
				  removes references and non-applicable permit requirements for equipment that
				  has been permanently removed from service.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0515 - MINOR PERMIT MODIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The procedures set out in this Rule shall
				  apply to permit modifications if the modifications:
(1) do not violate any applicable
				  requirement;
(2) do not involve
				  significant changes to existing monitoring, reporting, or recordkeeping
				  requirements in the permit;
(3) do
				  not require or change a case-by-case determination of an emission limitation or
				  other standard, a source-specific determination for temporary sources of
				  ambient impacts, or a visibility or increment analysis;
(4) do not seek to establish or change a
				  permit term or condition for which there is no corresponding underlying
				  applicable requirement and that the facility has assumed to avoid an applicable
				  requirement to which the facility would otherwise be subject. Such terms and
				  conditions include:
(A) a federally
				  enforceable emissions cap assumed to avoid an applicable requirement pursuant
				  to any provision of Title I of the federal Clean Air Act; or
(B) an alternative emissions limit approved
				  as part of an early reduction plan submitted pursuant to Section 112(i)(5) of
				  the federal Clean Air Act;
(5) are not modifications pursuant to any
				  provision of Title I of the federal Clean Air Act; and
(6) are not required to be processed as a
				  significant modification pursuant to
				  15A NCAC
				  02Q .0516.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0516 - SIGNIFICANT PERMIT MODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The procedures set out in this Rule shall apply to applications requesting
				  permit modifications pursuant to this Rule or permit modifications that are not
				  governed by
				  15A NCAC
				  02Q .0514,
				  02Q .0515,
				  02Q .0523, or .0524.
(b) An application for a significant permit
				  modification that would contravene or conflict with an existing permit shall be
				  processed following the procedure set out in
				  15A NCAC
				  02Q .0501(c).
(c) An application for a significant permit
				  modification that does not contravene or conflict with an existing permit shall
				  be processed following the procedure set out in
				  15A NCAC
				  02Q .0501(b).
(d) This Rule shall not preclude the
				  permittee from making changes consistent with this Section that would render
				  existing permit compliance terms and conditions irrelevant.
(e) Except for the State-enforceable only
				  portion of the permit, the procedures set out in
				  15A NCAC
				  02Q .0507,
				  02Q .0521, or .0522 shall be
				  followed to revise a permit pursuant to this Rule. If the State-enforceable
				  only portion of the permit is revised, the procedures in
				  15A NCAC
				  02Q .0300 shall be followed. The proceedings
				  shall affect only those parts of the permit related to the significant
				  modification.
(f) Significant
				  permit modifications shall be covered by the permit shield in accordance with
				  15A NCAC
				  02Q .0512.
(g) Significant permit modifications shall be
				  processed in accordance with
				  15A NCAC
				  02Q .0525.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
					 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;
Readopted Eff. April 1, 2018;
Amended Eff.
					 September 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0517 - REOPENING FOR CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A permit shall
				  be reopened and revised under the following circumstances:
(1) additional applicable requirements become
				  applicable to a facility with a remaining permit term of three or more
				  years;
(2) additional requirements
				  (including excess emissions requirements) become applicable to a source covered
				  by Title IV (upon approval by EPA, excess emissions offset plans shall be
				  deemed to be incorporated into the permit);
(3) the Director or EPA finds that the permit
				  contains a material mistake or that inaccurate statements were made in
				  establishing the emissions standards or other terms or conditions of the
				  permit; or
(4) the Director or EPA
				  determines that the permit must be revised or revoked to assure compliance with
				  the applicable requirements.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0518 - FINAL ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director
				  shall:
(1) issue a permit, permit revision,
				  or renewal containing the conditions necessary to carry out the purposes of
				  G.S. 143, Article 21B and the federal Clean Air Act;
(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
				  and the federal Clean Air Act.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0519 - TERMINATION, MODIFICATION, REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director may terminate, modify, or revoke and reissue a 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 by which the permit or permit renewal was granted have
				  changed;
(3) permit conditions have
				  been violated;
(4) the permit
				  holder fails to pay fees required pursuant to
				  15A NCAC
				  02Q .0200 within 30 days after being
				  billed;
(5) the permittee refuses
				  to allow the Director or his 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 by the terms and conditions of the permit;
(B) to have access to any copy or records
				  required to be kept by 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;
(6) the EPA requests that the permit be
				  revoked pursuant to 40 CFR
				  70.7(g) or
				  70.8(d);
				  or
(7) 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 .0500 - TITLE V PROCEDURES › Section 02Q .0520 - CERTIFICATION BY RESPONSIBLE OFFICIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  responsible official shall certify the truth, accuracy, and completeness of any
				  application form, report, or compliance certification required by this Section
				  or by a term or condition in a permit issued pursuant to this
				  Section.
(b) This certification
				  shall state that, based on information and belief formed after reasonable
				  inquiry, the statements and information in the document are true, accurate, and
				  complete.
Authority
					 G.S.
					 143-215.3(a)(1),(2);
					 143-215.107(a)(10);
					 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;
Readopted Eff. April 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0521 - PUBLIC PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director
				  shall give public notice with an opportunity for comments and a hearing on all
				  draft permits and permit revisions except permit revisions issued pursuant to
				  15A NCAC
				  02Q .0514,
				  02Q .0515, and .0524. The
				  Director shall give public notice with an opportunity for comments and a
				  hearing on draft permit revisions issued pursuant to
				  15A NCAC
				  02Q .0514,
				  02Q .0515, and .0524 for any
				  source that may be designated by the Director based on public interest relevant
				  to air quality.
(b) Notice of any
				  draft permit for an existing facility for which a public hearing is scheduled
				  or for a new facility shall be given by publication in a newspaper of general
				  circulation in the area where the facility is located, posted on the North
				  Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-quality
for the duration of the public comment period, and emailed to persons who are
				  on the Division's emailing list for air quality permits.
(c) Notice for existing facilities for which
				  a public hearing is not scheduled shall be given by posting the draft permit on
				  the North Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-quality
for the duration of the public comment period and shall be emailed to persons
				  who are on the Division's emailing list for air quality permit
				  notices.
(d) The 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 Divisional staff from whom interested persons may obtain
				  additional information, including copies of the permit draft, the application,
				  compliance plan, monitoring and compliance reports, all other relevant
				  supporting materials, and all other materials available to Division that are
				  relevant to the permit decision;
(5) the activity or activities involved in
				  the permitted action;
(6) any
				  emissions change involved in any permit modification;
(7) a brief description of the comment
				  procedures;
(8) the procedures to
				  follow to request a hearing unless a hearing has already been scheduled;
				  and
(9) the time and place of all
				  hearing that have already been scheduled.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0522 - REVIEW BY EPA AND AFFECTED STATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall provide EPA with a copy of each permit application,
				  including any application for permit revision, the statement of basis required
				  under Paragraph (b) of this Rule, each proposed permit, and each final permit
				  issued pursuant to this Section. If EPA has informed the Director that a permit
				  application summary and relevant portion of the permit application and
				  compliance plan are sufficient, the Director may provide these documents
				  instead of the complete application.
(b) The Division shall provide a statement
				  that sets forth the legal and factual basis for the draft permit conditions,
				  including references for the applicable statutory or regulatory provisions. The
				  Division shall provide this statement to EPA and any other person who requests
				  it.
(c) If comments are received
				  during the public participation process, the written responses shall be
				  provided to EPA through submittal of a statement of basis, required pursuant to
				  15A NCAC
				  02Q .0521, with an explanation of how those
				  public comments and the Division's responses are available to the
				  public.
(d) The Division shall
				  retain for five years a copy of all permit applications, permits, and other
				  related material submitted to or issued by the Division pursuant to this
				  Section.
(e) The Director shall
				  provide notice to each affected state of each draft permit at or before the
				  time notice is provided to the public pursuant to
				  15A NCAC
				  02Q .0521.
(f) The Director, in writing, shall notify
				  EPA and any affected state of any refusal by the Division to accept all
				  recommendations for the proposed permit that the affected state submitted
				  during the public or affected state review period and shall state the reasons
				  for not accepting any such recommendations.
(g) The information specified in Paragraphs
				  (a) through (c) of this Rule shall be provided to EPA in a computer-readable
				  format compatible with EPA's national database management system.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(10);
					 143-215.108;
					 143-215.111(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;
Readopted Eff. April 1, 2018;
Amended Eff.
					 September 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0523 - CHANGES NOT REQUIRING PERMIT REVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Section 502(b)(10) changes:
(1) A permittee
				  may make Section 502(b)(10) changes without having his or her permit revised
				  if:
(A) the changes are not a modification
				  pursuant to
				  15A NCAC
				  02D or Title I of the federal Clean Air
				  Act;
(B) the changes do not cause
				  the emissions allowed in the permit to be exceeded;
(C) the permittee notifies the Director and
				  EPA in writing at least seven days before the change is made; and
(D) the permittee attaches the notice to the
				  relevant permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0524 - OWNERSHIP CHANGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for ownership changes shall:
(1) contain the
				  information required by
				  15A NCAC
				  02Q .0505(4); and
(2) follow the procedures set forth in
				  15A NCAC
				  02Q .0300.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0525 - APPLICATION PROCESSING SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
The Division shall adhere to the following schedule in
					 processing permit applications:
(1)
				  The Division shall send written acknowledgment of receipt of an application to
				  the applicant within 10 days of receipt of the application.
(2) The Division shall review all permit
				  applications within 60 days of receipt of the application to determine whether
				  the application is complete or incomplete. A completeness determination shall
				  not be necessary for minor modifications pursuant to
				  15A NCAC
				  02Q .0515. The Division shall notify the
				  applicant by letter:
(a) stating that the
				  application as submitted is complete and specifying the completeness
				  date;
(b) stating that the
				  application is incomplete, requesting additional information necessary to
				  conduct the technical review of the application, and specifying the date by
				  which the requested information is required to be received by the Division;
				  or
(c) stating that the application
				  is incomplete and requesting that the applicant rewrite and resubmit the
				  application.
If the Division does not notify the applicant by letter
					 dated within 60 days of receipt of the application that the application is
					 incomplete, the application shall be deemed complete. A completeness
					 determination shall not prevent the Director from requesting additional
					 information at a later date if such information is necessary to properly
					 evaluate the source, its air pollution abatement equipment, or the facility. If
					 the applicant has not provided the requested additional information by the date
					 specified in the letter requesting additional information, the Director shall
					 cease processing the application until additional information is provided. The
					 applicant may request a time extension for submittal of the requested
					 additional information.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0526 - 112(J) CASE-BY-CASE MACT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  owner or operator of a source required to apply maximum achievable control
				  technology (MACT) pursuant to
				  15A NCAC
				  02D .1109 shall follow the permit procedures
				  set out in this Rule.
(b) For the
				  purposes of this Rule, the definitions in
				  15A NCAC
				  02D .1109,
				  40 CFR
				  63.51,
				  40 CFR 63.2, and the following
				  definitions apply:
(1) "Equivalent emission
				  limitation" means an emission limitation, established pursuant to Section
				  112(j) of the federal Clean Air Act, that is equivalent to the MACT standard
				  that EPA would have promulgated pursuant to Section 112(d) or (h) of the
				  federal Clean Air Act.
(2) "Source
				  category schedule for standards" means the schedule for promulgating MACT
				  standards issued pursuant to Section 112(e) of the federal Clean Air
				  Act.
(3) "Title V permit" means a
				  permit issued pursuant to this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0500 - TITLE V PROCEDURES › Section 02Q .0527 - 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 by
				  15A NCAC
				  02Q .0507;
(B) a completeness check list showing that
				  the permit application is complete;
(C) a draft permit;
(D) any 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 consistency
				  determination as required pursuant to
				  15A NCAC
				  02Q .0507(d)(1);
(G) a written description of current and
				  projected plans to reduce the emissions of air contaminants as required
				  pursuant to
				  15A NCAC
				  02Q .0507(d)(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 .0500 - TITLE V PROCEDURES › Section 02Q .0528 - 112(G) CASE-BY-CASE MACT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicability. An owner or operator of a source required to apply maximum
				  achievable control technology (MACT) pursuant to
				  15A NCAC
				  02D .1112 shall follow the permit procedures
				  set out in this Rule.
(b)
				  Construction prohibition. A person shall not begin construction or
				  reconstruction of a major source of hazardous air pollutants unless:
(1) the major source has been specifically
				  regulated or exempted from regulation by:
(A)
												15A NCAC
				  02D .1109 or
				  02D .1111; or
(B) a standard issued pursuant to Section
				  112(d), 112(h), or 112(j) of the federal Clean Air Act pursuent to 40 CFR Part
				  63 and the owner and operator has fully complied with all procedures and
				  requirements for preconstruction review established by that standard, including
				  any applicable requirements set forth in 40 CFR Part 63, Subpart A;
				  or
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0600 - TRANSPORTATION FACILITY PROCEDURES › Section 02Q .0601-.0606

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b),(3);
					 143-213;
					 143-215.4(b);
					 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;
Amended Eff. February 1, 2005;
Repealed Eff.
					 January 1, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0600 - TRANSPORTATION FACILITY PROCEDURES › Section 02Q .0607 - REPEALED - APPLICATION PROCESSING SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143-215.109;
Eff.
					 February 1, 1995;
Amended Eff. July 1, 1998;
Repealed
					 Eff. January 1, 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0701 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Except as set forth in
					 15A NCAC
					 02Q .0702, no person shall cause or allow any
					 toxic air pollutant named in
					 15A NCAC
					 02D .1104 to be emitted from any facility
					 into the atmosphere at a rate that exceeds the applicable rate(s) in
					 15A NCAC
					 02Q .0711 without having received a permit to
					 emit toxic air pollutants as follows:
(1) new facilities pursuant to
				  15A NCAC
				  02Q .0704; or
(2) modifications pursuant to
				  15A NCAC
				  02Q .0706.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107;
					 143-215.108;
					 143B-282;
Rule
					 originally codified as part of
					 15A NCAC
					 02H .0610;
Eff. July 1,
					 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1,
					 2005;
Readopted Eff. July 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0703 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Section, the following definitions
					 apply:
(1) "Actual rate of emissions"
				  means:
(a) for existing sources:
(i) for toxic air pollutants with an annual
				  averaging period, the average rate or rates at which the source emitted the
				  pollutant during the two-year period preceding the date of the particular
				  modification and that represents the normal operation of the source. If this
				  period does not represent the normal operation, the Director may allow the use
				  of a different, more representative, period.
(ii) for toxic air pollutants with a 24-hour
				  or one-hour averaging period, the maximum actual emission rate at which the
				  source emitted the pollutant for the applicable averaging period during the
				  two-year period preceding the date of the particular modification and that
				  represents normal operation of the source. If this period does not represent
				  normal operation, the Director may require or allow the use of a different,
				  more representative, period.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0700 - TOXIC AIR POLLUTANT PROCEDURES › Section 02Q .0704 - NEW FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall
				  apply only to new facilities.
(b)
				  The owner or operator of a facility that is required to have a permit pursuant
				  to 15A
				  NCAC 02Q .0300 or
				  02Q .0500 and is subject to a
				  Section in
				  15A NCAC
				  02D, other than
				  15A NCAC
				  02D .1100, shall receive a permit to emit
				  toxic air pollutants before beginning construction and shall comply with the
				  permit when beginning operation. This Rule shall not apply to facilities whose
				  emissions of toxic air pollutants result only from sources exempted pursuant to
				  15A NCAC
				  02Q .0102.
(c) The owner or operator of the facility
				  shall submit a permit application to comply with
				  15A NCAC
				  02D .1100 if emissions of any toxic air
				  pollutant, excluding sources exempt from evaluation pursuant to
				  15A NCAC
				  02Q .0702, exceed the levels set forth in
				  15A NCAC
				  02Q .0711. Sources meeting the exemption set
				  forth in 15A NCAC 02Q
				  .0702(a)(27) shall be reviewed by the
				  Division pursuant to
				  G.S.
				  143-215.107(a)(5)b.
(d) A permit application filed pursuant to
				  this Rule shall include an evaluation for all toxic air pollutants. All sources
				  at the facility, excluding sources exempt from evaluation pursuant to
				  15A NCAC
				  02Q .0702, emitting these toxic air
				  pollutants shall be included in the evaluation.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107;
					 143-215.108;
					 143B-282;
Rule
					 originally codified as part of
					 15A NCAC
					 02H .0610;
Eff. July 1,
					 1998;
Amended Eff. May 1, 2014;
Readopted Eff. July 1,
					 2018.