Current through Register Vol. 39, No. 6, September 16, 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;
(2)
the permittee to report:
(A) malfunctions,
emergencies, and other upset conditions as prescribed in
15A NCAC
02D .0524,
02D .0535,
02D .1110, or .1111;
and
(B) deviations quarterly from
permit requirements not covered by
15A NCAC
02D .0524,
02D .0535,
02D .1110, or .1111. The
permittee shall include the probable cause of the deviations and any corrective
actions or preventive measures taken; and
(3) the responsible official to certify all
deviations from permit requirements.
(g) At the request of a permittee, the
Director may allow records to be maintained in electronic form in lieu of
maintaining paper records. The Director shall make this decision based on
whether the electronic records contain the same information as the paper
records and the availability of the electronic records for inspection to
demonstrate compliance.
(h) A
permit for facilities covered by
15A NCAC
02D .2100, Risk Management Program, shall
contain:
(1) a statement listing
15A NCAC
02D .2100 as an applicable requirement;
and
(2) conditions that require the
owner or operator of the facility to submit:
(A) a compliance schedule for meeting the
requirements of
15A NCAC
02D .2100 by the dates provided in
15A NCAC
02D .2101(a); or
(B) as part of the compliance certification
required by Paragraph (n) of this Rule, a certification statement that the
source is in compliance with the requirements of
15A NCAC
02D .2100, including the registration and
submission of the risk management plan.
The content of the risk management plan need not be
incorporated as a permit term or condition.
(i) A permit shall:
(1) contain a condition prohibiting emissions
exceeding any allowances that a facility lawfully holds pursuant to Title IV
but shall not limit the number of allowances held by a permittee. A permittee
shall not use allowances as a defense to noncompliance with any other
applicable requirement;
(2) contain
a severability clause so that various permit requirements shall continue to be
valid in the event of a challenge to any other portion of the permit;
(3) state that noncompliance with a condition
of the permit constitutes a violation of the Act and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or
for denial of a permit renewal application;
(4) state that the permittee may not use as a
defense in an enforcement action that it would have been necessary to halt or
reduce the permitted activity to maintain compliance with the conditions of the
permit;
(5) state that the Director
may reopen, modify, revoke and reissue, or terminate the permit for reasons
specified in
15A NCAC
02Q .0517 or
02Q .0519;
(6) state that the filing of a request by the
permittee for a permit revision, revocation and reissuance, termination,
notification of planned changes, or anticipated noncompliance does not stay any
permit condition;
(7) specify the
conditions in which the permit may be reopened before the expiration of the
permit;
(8) state that the permit
does not convey any property rights of any sort, or any exclusive
privileges;
(9) state that the
permittee shall furnish to the Division, in a timely manner:
(A) any information that the Director may
request in writing to determine whether cause exists for modifying, revoking
and reissuing, or terminating the permit or to determine compliance with the
permit, and
(B) copies of records
required to be kept by the permit when copies are requested by the Director.
The permit shall also state that for information claimed to
be confidential, the permittee may furnish the confidential records directly to
EPA along with a claim of confidentiality;
(10) contain a provision to ensure that the
permittee pays fees required by
15A NCAC
02Q .0200;
(11) contain a condition that authorizes the
permittee to make CAA 502(b)(10) changes pursuant to
15A NCAC
02Q .0523(a), off-permit
changes, or emission trades in accordance with
15A NCAC
02Q .0523;
(12) include the applicable requirements for
the sources covered by the permit;
(13) include fugitive emissions in the same
manner as stack emissions;
(14)
contain a condition requiring annual reporting of actual emissions as required
by 15A
NCAC 02Q .0207;
(15) include sources, including insignificant
activities; and
(16) contain other
provisions the Director considers appropriate.
(j) A permit shall state the terms and
conditions for reasonably anticipated operating scenarios identified by the
applicant in the application. These terms and conditions shall:
(1) require the permittee, contemporaneously
with making a change from one operating scenario to another, to record in a log
at the permitted facility a record of the operating scenario in which it is
operating;
(2) extend the permit
shield described in
15A NCAC
02Q .0512 to all terms and conditions in each
reasonably anticipated operating scenario; and
(3) ensure that each operating scenario meets
all applicable requirements of Subchapter 02D of this Chapter and of this
Section.
(k) A permit
shall identify which terms and conditions are enforceable by the Division
only.
(l) A permit shall state that
the permittee shall allow personnel of the Division to:
(1) enter the permittee's premises where the
permitted facility is located or emissions-related activity is conducted, or
where records are kept by the conditions of the permit;
(2) have access to and copy any records that
are required to be kept by the conditions of the permit;
(3) inspect sources, equipment, including
monitoring and air pollution control equipment, practices, or operations
regulated or required by the permit; and
(4) sample or monitor substances or
parameters, to assure compliance with the permit or applicable
requirements.
(m) When a
compliance schedule is required by
40 CFR
70.5(c)(8) or by a rule
contained in Subchapter 02D of this Chapter, the permit shall contain the
compliance schedule and shall state that the permittee shall submit
semiannually, or more frequently if specified in the applicable requirement, a
progress report. The progress report shall contain:
(1) dates for achieving the activities,
milestones, or compliance required in the compliance schedule and dates when
these activities, milestones, or compliance were achieved; and
(2) an explanation of why any dates in the
compliance schedule were not or may not be met and any preventive or corrective
measures adopted.
(n)
The permit shall contain requirements for compliance certification with the
terms and conditions in the permit that are enforceable by EPA pursuant to
Title V of the federal Clean Air Act, including emissions limitations,
standards, and work practices. The permit shall specify:
(1) the frequency, annually or more
frequently as specified in the applicable requirements, of submissions of
compliance certifications;
(2) a
means for monitoring the compliance of the source with its emissions
limitations, standards, and work practices;
(3) a requirement that the compliance
certification include:
(A) the identification
of each term or condition of the permit that is the basis of the
certification;
(B) the status of
compliance with the terms and conditions of the permit for the period covered
by the certification, based on the methods or means designated in
40 CFR
70.6(c)(5)(iii)(B). The
certification shall identify each deviation and take it into account in the
compliance certification. The certification shall also identify as possible
exceptions to compliance any periods during which compliance was required and
in which an excursion or exceedance as defined in
40 CFR
64 occurred;
(C) whether compliance was continuous or
intermittent;
(D) the
identification of the methods or other means used by the owner and operator for
determining the compliance status with each term and condition during the
certification period; these methods shall include the methods and means
required in 40 CFR Part 70.6(a)(3).The owner or operator also shall identify
any other material information that shall be included in the certification to
comply with Section 113(c)(2) of the federal Clean Air Act, which prohibits
knowingly making a false certification or omitting material information;
and
(E) other facts as the Director
may require to determine the compliance status of the source; and
(4) that all compliance
certifications be submitted to EPA as well as to the Division.
Authority
G.S.
143-215.3(a)(1),(2);
143-215.65;
143-215.66;
143-215.107(a)(10);
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. July 1, 1996;
Temporary Amendment
Eff. December 1, 1999;
Amended Eff. August 1, 2008; June 1, 2008;
January 1, 2007; December 1, 2005; April 1, 2001; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. September 1,
2022.
