Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Purpose and Scope. The purpose of this Rule is to assure compliance with
emission control standards found in this Section. This Rule shall apply to all
air pollution sources, both combustion and non-combustion.
(b) New sources shall be in compliance prior
to beginning operations.
(c) The
owner or operator of an air pollution source shall operate or control the
source in a manner to meet emission standards in this Section and not cause the
ambient air quality standards pursuant to
15A NCAC
02D .0400 to be exceeded at any point beyond
the premises on which the source is located. When controls more stringent than
those named in the applicable emission standards in this Section are required
to prevent violation of the ambient air quality standards or are required to
create an offset, the permit shall contain a condition requiring these
controls.
(d) The Bubble Concept.
As provided in this Paragraph, a facility with multiple emission sources or
multiple facilities within the same area may choose to meet the total emission
limitation for a given pollutant through a different mix of controls than those
required by the rules in
15A NCAC
02D .0500 or
02D .0900.
(1) In order for this mix of alternative
controls to be permitted, the Director shall determine that the following
conditions are met:
(A) Sources pursuant to
which 15A NCAC 02D .0524,
02D .0530,
02D .0531,
02D .1110, or .1111, the federal
New Source Performance Standards (NSPS), the federal National Emission
Standards for Hazardous Air Pollutants (NESHAP), regulations established
pursuant to Section 111(d) of the federal Clean Air Act, or state or federal
Prevention of Significant Deterioration (PSD) requirements apply shall have
emissions no larger than if there were not an alternative mix of
controls;
(B) The facility or
facilities is located in an attainment area, an unclassifiable area, or in an
area that has been demonstrated to be attainment by the statutory deadlines
with reasonable further progress toward attainment for those pollutants being
considered;
(C) All of the emission
sources affected by the alternative mix are in compliance with applicable
regulations or are in compliance with established compliance agreements;
and
(D) The review of an
application for the proposed mix of alternative controls and the enforcement of
the resulting permit shall not require expenditures of State funds in excess of
five times that which would otherwise be required for the review and
enforcement of permits without an alternative mix of controls.
(2) The owners or operators of the
facility or facilities shall demonstrate the alternative mix of controls is
equivalent in total allowed emissions, reliability, enforceability, and
environmental impact to the aggregate of the individual emission standards to
which the facility would be subject without the alternative mix of controls;
and
(A) that the alternative mix approach does
not interfere with the attainment and maintenance of the ambient air quality
standards and does not interfere with the Prevention of Significant
Deterioration (PSD) program, which shall include modeled calculations of the
amount, if any, of PSD increment consumed or created as defined in Clean Air
Act Section 163;
(B) that the
alternative mix approach conforms with reasonable further progress requirements
as defined in Clean Air Act Section 171(1) if the source is located in a
nonattainment area;
(C) that the
emissions pursuant to the alternative mix approach are quantifiable, and
emission trades among the sources involved in the alternative mix approach are
equivalent; and
(D) that the
pollutants controlled pursuant to the alternative mix approach are of the same
criteria pollutant categories, except that emissions of criteria pollutants
that contain hazardous pollutants and are used in alternative emission control
strategies are subject to the limitations as defined in 44 Fed. Reg. 71784
(December 11, 1979), Subdivision D.1.c.ii. The Federal Register referenced in
this Part is incorporated by reference and does not include subsequent
amendments or editions. A copy of 44 Fed. Reg. 71784 may be obtained free of
charge and found online at
https://www.govinfo.gov/content/pkg/FR-1979-12-11/pdf/FR-1979-12-11.pdf.
The demonstrations of equivalence shall be performed with
at least the same level of detail as State Implementation Plan (SIP)
demonstration of attainment for the area. A copy of the SIPs may be found on
the Division of Air Quality (DAQ) website at
https://deq.nc.gov/about/divisions/air-quality/air-quality-planning/state-implementation-plans.
If the facility involves another facility in the alternative strategy, it shall
complete a modeling demonstration to ensure that air quality is protected.
Demonstrations of equivalency shall take into account differences in the level
of reliability of the control measures or other uncertainties.
(3) The emission rate
limitations or control techniques of each source within the facility or
facilities subjected to the alternative mix of controls shall be specified in
the facility's permit or facilities' permits.
(4) Compliance schedules and enforcement
actions shall not be affected because an application for an alternative mix of
controls is being prepared or is being reviewed.
(5) The Director may waive or reduce
requirements in this Paragraph up to the extent allowed by the Emissions
Trading Policy Statement published in the Federal Register of April 7, 1982,
pages
15076-15086, provided that the analysis
required by Paragraph (e) of this Rule supports the waiver or reduction of
requirements. The Federal Register referenced in this Subparagraph is
incorporated by reference and does not include subsequent amendments or
editions.
(e) In a
permit application for an alternative mix of controls pursuant to Paragraph (d)
of this Rule, the owner or operator of the facility shall demonstrate the
proposal is equivalent to the existing requirements of the SIP in total allowed
emissions, enforceability, reliability, and environmental impact. The Director
shall provide for public notice with an opportunity to request a public hearing
following the procedures pursuant to
15A NCAC
02Q .0300 or
02Q .0500, as applicable.
(1) If a permit containing these conditions
is issued pursuant to
15A NCAC
02Q .0300, it shall become a part of the
state implementation plan (SIP) as an appendix available for inspection as
specified in
15A NCAC
02Q .0105. Until the U.S. Environmental
Protection Agency (EPA) approves the SIP revision embodying the permit
containing an alternative mix of controls, the facility shall continue to meet
the otherwise applicable existing SIP requirements.
(2) If a permit containing these conditions
is issued pursuant to
15A NCAC
02Q .0500 it shall be available for
inspection as specified in
15A NCAC
02Q .0105. Until the EPA approves the Title V
permit containing an alternative mix of controls, the facility shall continue
to meet the otherwise applicable existing SIP requirements.
The revision shall be submitted for approval by the EPA on
the basis of the revision's consistency with EPA's "Policy for Alternative
Emission Reduction Options Within State Implementation Plans" as promulgated in
the Federal Register of December 11, 1979, pages
71780-71788, and subsequent rulings.
(f) If the owner or
operator of a combustion or noncombustion source or control equipment subject
to the requirements of this Section is required to demonstrate compliance with
a rule in this Section, source testing procedures pursuant to
15A NCAC
02D .2600 shall be used.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(5);
Eff. February 1, 1976;
Amended Eff. August 1, 1991; October 1,
1989;
Temporary Amendment Eff. March 8, 1994 for a period of 180
days or until the permanent rule is effective, whichever is sooner;
Amended Eff. June 1, 2008; April 1, 2001; April 1, 1999; July 1, 1996; February
1, 1995; July 1, 1994;
Readopted Eff. November 1,
2020.
