Current through Register Vol. 39, No. 6, September 16, 2024
(a)
General Applicability. Except as set forth in Paragraph (b) of this Rule, the
requirements of this Rule shall apply to a pollutant-specific emissions unit,
as defined in 40 CFR
64.1, at a facility required to obtain a
permit pursuant to
15A NCAC
02Q .0500 if the unit:
(1) is subject to an emission limitation or
standard for the applicable regulated air pollutant, or a surrogate thereof,
other than an emission limitation or standard that is exempt pursuant to
Subparagraph (b)(1) of this Rule;
(2) uses a control device to achieve
compliance with any such emission limitation or standard; and
(3) has potential pre-control device
emissions of the applicable regulated air pollutant that are equal to or
greater than 100 percent of the amount, in tons per year, required for a source
to be classified as a major source. For purposes of this Rule, "potential
pre-control device emissions" means the same as "potential to emit" as defined
in 40 CFR
64.1, except that emission reductions
achieved by the applicable control device shall not be taken into
account.
(b) The
following exemptions to this Rule shall apply.
(1) Exempt emission limitations or standards.
The requirements of this Rule shall not apply to any of the following emission
limitations or standards:
(A) emission
limitations or standards proposed by the Administrator of the Environmental
Protection Agency after November 15, 1990, pursuant to section 111 or 112 of
the federal Clean Air Act;
(B)
stratospheric ozone protection requirements pursuant to Title VI of the federal
Clean Air Act;
(C) Acid Rain
Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410
of the federal Clean Air Act;
(D)
emission limitations or standards or other applicable requirements that apply
solely under an emissions trading program approved under the rules of
Subchapters 02D and 02Q of this Chapter and that are incorporated in a permit
issued pursuant to
15A NCAC
02Q .0500;
(E) an emissions cap that is approved
pursuant to the rules of Subchapters 02D and 02Q of this Chapter and
incorporated in a permit issued pursuant to
15A NCAC
02Q .0500; or
(2) Exemption for backup utility power
emissions units. The requirements of this Rule shall not apply to a utility
unit, as defined in 40 CFR
72.2, that is municipally-owned if the owner
or operator provides documentation in a permit application submitted pursuant
to 15A
NCAC 02Q .0500 that:
(A) the utility unit is exempt from all
monitoring requirements in 40 CFR Part 75 , including the appendices
thereto;
(B) the utility unit is
operated for the sole purpose of providing electricity during periods of peak
electrical demand or emergency situations and will be operated consistent with
that purpose throughout the permit term. The owner or operator shall provide
historical operating data and relevant contractual obligations to document that
this criterion is satisfied; and
(C) the actual emissions from the utility
unit, based on the average annual emissions over the last three calendar years
of operation, or such shorter time period that is available for units with
fewer than three years of operation, are less than 50 tons per year and are
expected to remain so.
(c) For the purposes of this Rule, the
definitions in 40 CFR
64.1 shall apply with the following
exceptions:
(1) "Applicable requirement" and
"regulated air pollutant" shall have the same definition as in
15A NCAC
02Q .0103.
(2) "Part 70 or 71 permit application" means
an application, or any supplement to a previously submitted application,
submitted by the owner or operator to obtain a permit under
15A NCAC
02Q .0500.
(3) "Part 70 or 71 permit" means a permit
issued under
15A NCAC
02Q .0500.
(4) "Permitting authority" means the Division
of Air Quality.
(d) The
owner or operator subject to the requirements of this rule shall comply with
these requirements:
(1)
40 CFR
64.3, Monitoring Design Criteria;
(2)
40 CFR
64.4, Submittal Requirements;
(3)
40 CFR
64.5, Deadlines for Submittals;
(4)
40 CFR
64.7, Operation of Approved Monitoring;
and
(5)
40 CFR
64.9, Reporting and Recordkeeping
Requirements.
(e) The
Division shall follow the procedures and requirements in 40 CFR Part 64.6 ,
Approval of Monitoring, in reviewing and approving or disapproving monitoring
plans and programs submitted under this Rule.
(f) Based on the result of a determination
made pursuant to 40 CFR
64.7(d)(2), the Director may
require the owner or operator to develop and implement a quality improvement
plan. If a quality improvement plan is required, the quality improvement plan
shall be developed and implemented according to the procedures and requirements
of 40 CFR
64.8, Quality Improvement Plan (QIP)
Requirements.
Authority
G.S.
143-215.3(a)(3);
143-215.65;
143-215.66;
143-215.107(a)(4);
Eff. April 1, 1999;
Amended Eff. January 1, 2009;
Readopted Eff. November 1, 2019.
