Current through Register Vol. 39, No. 6, September 16, 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.
(c) Except as provided for in Paragraph (d)
or (e) of this Rule, the owner or operator of a source required to apply MACT
pursuant to
15A NCAC
02D .1109 shall submit an application for a
permit or for a significant permit revision, as applicable pursuant to this
Section.
(d) Approval process for
new and existing affected sources that are subject to Section 112(j) as of the
Section 112(j) deadline. The requirements of Subparagraphs (d)(1) and (2) of
this Paragraph shall apply to major sources that include, as of the Section
112(j) deadline, one or more sources in a category or subcategory for which the
EPA has failed to promulgate an emission standard pursuant to 40 CFR Part 63 on
or before an applicable Section 112(j) deadline. Existing source MACT
requirements, including relevant compliance deadlines, as specified in a Title
V permit issued to the facility pursuant to the requirements of 40 CFR Part 63,
Subpart B, shall apply to such sources.
(1)
The owner or operator shall submit an application for a permit or for a
revision to an existing Title V permit issued or a pending Title V permit that
meets the requirements of Subparagraph (m)(1) of this Rule by the Section
112(j) deadline if the owner or operator can reasonably determine that one or
more sources at the facility belong in a category or subcategory subject to
Section 112(j) of the federal Clean Air Act.
(2) The owner or operator of a source that
does not submit an application pursuant to Subparagraph (d)(1) of this Rule and
is notified in writing by the Division that one or more sources at the facility
belong to a category or subcategory subject to Section 112(j) of the federal
Clean Air Act shall submit an application for a Title V permit or for a
revision to an existing Title V permit that meets the requirements of Paragraph
(m)(1) of this Rule within 30 days after being notified in writing by the
Division. The Division shall not be required to make this
notification.
(3) The requirements
in Parts (A) and (B) of this Subparagraph shall apply if the owner or operator
has obtained a Title V permit that incorporates a Section 112(g) case-by-case
MACT determination by the Division pursuant to
15A NCAC
02D .1112, but has not submitted an
application for a Title V permit revision that addresses the emission
limitation requirements of Section 112(j) of the federal Clean Air Act.
(A) If the owner or operator has a Title V
permit that incorporates a Section 112(g) case-by-case MACT determination
pursuant to
15A NCAC
02D .1112, the owner or operator shall submit
an application that meets the requirements of Paragraph (m)(1) of this Rule for
a Title V permit revision within 30 days of the Section 112(j) deadline or
within 30 days of being notified in writing by the Division that one or more
sources at the major facility belong in such category or subcategory. The
Division shall use the procedures in
40 CFR
63.52(e) to determine
whether the emission limitations adopted pursuant to the prior 112(g)
case-by-case MACT determination are substantially as effective as the emission
limitations that Division would otherwise adopt pursuant to Section 112(j) of
the federal Clean Air Act for the source in question. If the Division
determines the previously adopted 112(g) emission limitations are substantially
as effective, then the Division shall retain the existing limitations in the
permit to effectuate Section 112(j) of the federal Clean Air Act. If the
Division does not retain the previously adopted 112(g) emission limitations,
the MACT requirements of this Rule shall be satisfied upon issuance of a
revised Title V permit incorporating any additional Section 112(j)
requirements.
(B) If the owner or
operator has submitted a Title V permit application that incorporates a Section
112(g) case-by-case MACT determination by the Division pursuant to
15A NCAC
02D .1112, but has not received the permit
incorporating the Section 112(g) requirements, the owner or operator shall
continue to apply for a Title V permit that addresses the requirements of
Section 112(g) of the federal Clean Air Act. The owner or operator shall submit
a permit application meeting the requirements of Paragraph (m)(1) of this Rule
within 30 days of issuance of that Title V permit. The Division shall use the
procedures in 40 CFR
63.52(e) to determine
whether the emissions limitations adopted pursuant to the prior 112(g)
case-by-case MACT determination are substantially as effective as the emission
limitations that the Division would otherwise adopt pursuant to Section 112(j)
of the federal Clean Air Act for the source in question. If the Division
determines that the previously adopted 112(g) emission limitations are
substantially as effective, then the Director shall retain the existing
emission limitations to effectuate Section 112(j) of the federal Clean Air Act
and revise the permit accordingly. If the Division does not retain the
previously adopted 112(g) emission limitations, the MACT requirements of this
Rule shall be satisfied upon issuance of a revised Title V permit incorporating
any additional Section 112(j) requirements.
(e) Sources that become subject to Section
112(j) of the federal Clean Air Act after the Section 112(j) deadline and that
do not have a Title V permit addressing Section 112(j) requirements. The
requirements of this Paragraph shall apply to sources that do not meet the
criteria in Paragraph (d) of this Rule on the Section 112(j) deadline and are
not subject to Section 112(j) of the federal Clean Air Act on that date, but
subsequent to the Section 112 (j) deadline the source becomes subject to the
requirements of this Rule and the source does not have a Title V permit that
addresses the requirements of Section 112(j) of the federal Clean Air Act.
(1) If one or more sources in a category or
subcategory subject to the requirements of this Rule are installed at a major
source or result in the source becoming a major source due to the installation,
and the installation does not invoke Section 112(g) requirements in
15A NCAC
02D .1112, the owner or operator shall submit
an application meeting the requirements of Paragraph (m)(1) of this Rule within
30 days of startup of the source. Existing source MACT requirements (including
relevant compliance deadlines), as specified in a Title V permit issued
pursuant to the requirements of this Rule, shall apply to such sources. The
Division shall use the procedures in
40 CFR
63.52(e) to determine
whether the emissions limitations adopted pursuant to the prior 112(g)
case-by-case MACT determination are substantially as effective as the emission
limitations that the Division would otherwise adopt pursuant to Section 112(j)
of the federal Clean Air Act for the source in question. If the Division
determines the previously adopted 112(g) emission limitations are substantially
as effective, then the Division shall retain the existing emission limitations
to effectuate Section 112(j) of the federal Clean Air Act and revise the permit
accordingly. If the Division does not retain the previously adopted 112(g)
emission limitations, the MACT requirements of this Rule shall be satisfied
upon issuance of a revised Title V permit incorporating any additional Section
112(j) requirements.
(2) If one or
more sources in a category or subcategory subject to 112(j) requirements are
installed at a major source or result in the source becoming a major source due
to the installation, and the installation requires 112(g) emission limitations
to be established and permitted pursuant to
15A NCAC
02Q .0528 and the owner or operator has not
submitted an application for a Title V permit revision that addresses the
emission limitation requirements of Section 112(j) of the federal Clean Air
Act, the owner or operator shall apply for and obtain a Title V permit that
addresses the emission limitation requirements of Section 112(g) of the federal
Clean Air Act. Within 30 days of issuance of that Title V permit, the owner or
operator shall submit an application that meets the requirements of Paragraph
(m)(1) of this Rule for a revision to the existing Title V permit. The Division
shall determine whether the emissions limitations adopted pursuant to the prior
112(g) case-by-case MACT determination are substantially as effective as the
emission limitations that the Division would otherwise adopt pursuant to
Section 112(j) of the federal Clean Air Act for the source in question. If the
Division determines the previously adopted 112(g) emission limitations are
substantially as effective, then the Division shall retain the existing
emission limitations to effectuate Section 112(j) of the federal Clean Air Act
and revise the permit accordingly. If the Division does not retain the
previously adopted 112(g) emission limitations, the permit shall be revised to
incorporate any additional Section 112(j) requirements.
(3) The owner or operator of an area source
that, due to a relaxation in any federally enforceable emission limitation,
such as a restriction on hours of operation, increases its potential to emit
hazardous air pollutants such that the source becomes a major source that is
subject to this Rule, shall submit an application meeting the requirements of
Paragraph (m)(1) of this Rule within 30 days after the date that such source
becomes a major source. The Director shall use the procedures in Paragraph (n)
of this Rule in reviewing the application. The existing source MACT
requirements, including relevant compliance deadlines, shall apply to such
sources.
(4) If EPA establishes a
lesser quantity emission rate pursuant to Section 112(a)(1) of the Federal
Clean Air Act that results in an area source becoming a major source that is
subject to this Rule, then the owner or operator of such a major source shall
submit an application that meets the requirements of Paragraph (m)(1) of this
Rule on or before the date six months after the date that such source becomes a
major source. Existing source MACT requirements, including relevant compliance
deadlines, as specified in a Title V permit issued pursuant to the requirements
of this Rule, shall apply to such sources.
(f) Sources that have a Title V permit
addressing Section 112(j) requirements. The requirements of this Paragraph
apply to major sources that include one or more sources in a category or
subcategory for which EPA fails to promulgate an emission standard on or before
the Section 112(j) deadline, the owner or operator has a permit meeting the
Section 112(j) requirements, and if changes occur at the major source to
equipment, activities, or both subsequent to the Section 112(j) deadline.
(1) If the Title V permit already provides
the requirements that address the events described in this Paragraph subsequent
to the Section 112(j) deadline, then the source shall comply with the
applicable new source MACT or existing source MACT requirements as specified in
the permit, and the Section 112(j) requirements shall be deemed
satisfied.
(2) If the Title V
permit does not contain the requirements that address the events described in
this Paragraph subsequent to the Section 112(j) deadline, then the owner
operator shall submit an application for a revision of the existing Title V
permit that meets the requirements of Paragraph (m)(1) of this Rule within 30
days of beginning construction. Existing source MACT requirements, including
relevant compliance deadlines, as specified in a Title V permit issued pursuant
to the requirements of this Rule, shall apply to such sources.
(g) Requests for applicability
determination. An owner or operator who is unsure of whether one or more
sources at a major source belong in a category or subcategory for which EPA has
failed to promulgate an emission standard pursuant to 40 CFR Part 63 may, on or
before an applicable Section 112(j) deadline, request an applicability
determination from the Division by submitting an application that meets the
requirements of Paragraph (m)(1) of this Rule by the applicable deadlines
specified in Paragraphs (d), (e), or (f) of this Rule.
(h) An owner or operator who submits a Part 1
MACT application that meets the requirements of Paragraph (m)(1) of this Rule
shall submit a Part 2 MACT application that meets the requirements of Paragraph
(m)(2) of this Rule no later than the applicable date specified in
40 CFR
63 Subpart B Table 1. The submission date
specified in 40 CFR
63 Subpart B Table 1 for Miscellaneous
Organic Chemical Manufacturing shall apply to sources in each of the source
categories listed in 40 CFR
63 Subpart B Table 2. If an owner or operator
is required by
15A NCAC
02D .1109 and this Rule to submit an
application meeting the requirements of Paragraph (m)(1) of this Rule by a date
that is after the date for a Part 2 MACT application for sources in the
category or subcategory in question established by
40 CFR
63 Subpart B Table 1, the owner or operator
shall submit a Part 2 MACT application meeting the requirements of Paragraph
(m)(2) of this Rule within 60 additional days after the applicable deadline for
submission of the Part 1 MACT application. The Part 2 applications shall be
reviewed by the Division according to the procedures established in
40 CFR
63.55.
(1)
Any owner or operator who submitted a request for an applicability
determination on or before May 15, 2002, that remained pending as of May 30,
2003, and who still wishes to obtain such a determination shall resubmit that
request by the date that is 60 days after the Administrator publishes in the
Federal Register a proposed standard pursuant to Section 112(d) or 112(h) of
the Clean Air Act for the category or subcategory in question. Such a
resubmitted request shall be supplemented to discuss the relation between the
sources in question and the applicability provision in the proposed standard
for the category or subcategory in question, and to explain why there may still
be uncertainties that require a determination of applicability. The Director
shall take action on each supplemented and resubmitted request within an
additional 60 days after the applicable deadline for the resubmitted request.
If more than three years remain on the current Title V permit, the owner or
operator shall submit an application for a Title V permit revision to make any
conforming changes in the permit required to adopt the existing emission
limitations as the Section 112(j) MACT emission limitations. If less than three
years remain on the current Title V permit, any required conforming changes
shall be made when the permit is renewed. If the applicability determination is
positive, the owner or operator shall submit a Part 2 MACT application meeting
the requirements of Paragraph (m)(2) of this Rule by the date specified for the
category or subcategory in question in
40 CFR
63 Subpart B Table 1. If the applicability
determination is negative, no further action by the owner or operator shall be
necessary.
(2) An owner or operator
who has submitted an application that meets the requirements of Paragraph
(m)(1) of this Rule may request a determination of whether emission limitations
adopted pursuant to a prior case-by-case MACT determination pursuant to Section
112(g) that apply to one or more sources in a relevant category or subcategory
are substantially as effective as the emission limitations that the Division
would otherwise adopt pursuant to this Rule for the source in question. Such a
request must be submitted by the date for the category or subcategory in
question specified in 40 CFR
63 Subpart B Table 1. Each request for a
determination pursuant to this Paragraph shall be construed as a complete
application for an equivalent emission limitation pursuant to this Rule. If the
Director determines that the emission limitations in the prior case-by-case
MACT determination are substantially as effective as the emission limitations
the Director would otherwise adopt pursuant to this Rule, then the Director
shall adopt the existing emission limitations in the permit as the emission
limitations to effectuate Section 112(j) for the source in question. If the
Director determines that the emission limitations in the prior case-by-case
MACT determination pursuant to Section 112(g) are not substantially as
effective as the emission limitations that the Director would otherwise adopt
for the source in question pursuant to this Rule, the Director shall make a new
MACT determination and adopt a Title V permit incorporating an appropriate
equivalent emission limitation pursuant to this Rule. The Division shall use
the procedures in 40 CFR
63.52(e) to determine
whether the emission limitations adopted pursuant to the prior 112(g)
case-by-case MACT determination are substantially as effective as the emission
limitations which Division would otherwise adopt pursuant to Section 112(j) of
the federal Clean Air Act for the source in question.
(i) If the Director disapproves a permit
application submitted pursuant to this Rule or determines that the application
is incomplete, the owner or operator shall revise and resubmit the application
to meet the Director's objections not later than six months after first
receiving notification that the application has been disapproved or is
incomplete.
(j) If the owner or
operator of a source subject to this Rule has submitted a timely and complete
application for a permit, significant permit revision, or administrative
amendment required by this Rule, any failure to have this permit shall not be a
violation of the requirements of this Rule unless the delay in final action is
due to the failure of the applicant to submit, in a timely manner, information
required or requested to process the application.
(k) The permit shall contain the items
specified in 40 CFR
63.52 including:
(1) specification of the affected source and
the new affected source;
(2)
emission limitations or emission standards equivalent to existing source MACT
and emission limitations equivalent to new source MACT for control of emissions
of hazardous air pollutants for that category or subcategory determined
according to 40 CFR
63.55(a) on a case-by-case
basis;
(3) emission limits,
production limits, operational limits, or other terms and conditions necessary
to ensure practicable enforceability of the MACT emission limitation;
(4) notification, operation and maintenance,
performance testing, monitoring, reporting, and recordkeeping requirements;
and
(5) compliance dates by which
the owner or operator of an existing source is required to be in compliance
with the MACT emission limitation and all other applicable terms and conditions
of the permit, not to exceed three years from the date of issuance of the
permit. The owner or operator of a new affected source shall comply with a new
source MACT level of control immediately upon startup.
(l) Early reductions made pursuant to Section
112(i)(5)(A) of the federal Clean Air Act shall be achieved not later than the
date on which the relevant standard should have been promulgated according to
the source category schedule for standards.
(m) A permit application for a MACT
determination shall consist of two parts.
(1)
The Part 1 application shall contain the information required by
40 CFR
63.53(a) and shall be
submitted by the applicable deadline specified in Paragraph (d), (e), or (f) of
this Rule.
(2) The Part 2
application shall contain the information required by
40 CFR
63.53(b) and shall be
submitted no later than the deadline in
40 CFR
63 Subpart B Table 1.
(n) Permit application review. The Director
shall follow 40 CFR
63.55(a) in reviewing permit
applications for MACT. The resulting MACT determination shall be incorporated
into the facility's Title V permit according to the procedures established in
this Section. Following submittal of a Part 1 or Part 2 MACT application, the
Director may request, pursuant to
15A NCAC
02Q .0507(c) and
02Q .0525(a), additional
information from the owner or operator; and the owner or operator shall submit
the requested information within 30 days. A Part 2 MACT application shall be
deemed complete if it is sufficient to begin processing the application for a
Title V permit addressing Section 112(j) requirements. If the Division
disapproves a permit application or determines that the application is
incomplete, the owner or operator shall revise and resubmit the application to
meet the objections of the Division within the time period specified by the
Division, which shall not exceed six months from the date that the owner or
operator is first notified that the application has been disapproved or is
incomplete. After receipt of a complete Part 2 MACT application that is
subsequently approved by the Division, the Director shall issue a Title V
permit that meets Section 112(j) requirements, following the schedule in
15A NCAC
02Q .0525.
(o) The following requirements shall apply to
case-by-case determinations of equivalent emission limitations when a MACT
standard is subsequently promulgated:
(1) If
EPA promulgates an emission standard that is applicable to one or more sources
within a major facility before the date a proposed permit pursuant to this Rule
is approved, the permit shall contain the promulgated standard rather than the
emission limitation determined pursuant to
15A NCAC
02D .1109, and the owner or operator of the
source shall comply with the promulgated standard by the compliance date in the
promulgated standard.
(2) If EPA
promulgates an emission standard that is applicable to a source after the date
that a permit is issued pursuant to this Rule, the Director shall revise the
permit on its next renewal to reflect the promulgated standard. Subparagraph
(a)(1) of
15A NCAC
02Q .0517 shall not apply to requirements
established pursuant to this Rule. The Director shall establish a compliance
date in the revised permit that assures that the owner or operator complies
with the promulgated standard within a reasonable time, but no longer than
eight years after such standard is promulgated or eight years after the date by
which the owner or operator was first required to comply with the emission
limitation established by permit, whichever is earlier. The period for
compliance for existing sources shall not be shorter than that provided for
existing sources in the promulgated standard.
(3) Notwithstanding the requirements of
Subparagraphs (1) or (2) of this Paragraph, if EPA promulgates an emission
standard that is applicable to a source after the date a proposed permit is
approved, the Director shall not be required to change the emission limitation
in the permit to reflect the promulgated standard if the level of control
required by the emission limitation in the permit is as effective as that
required by the promulgated standard. If EPA promulgates an emission standard
that is applicable to an affected source after the date a permit application is
approved and the level of control required by the promulgated standard is less
stringent than the level of control required by an emission limitation in the
prior MACT determination, the Division shall not be required to incorporate a
less stringent emission limitation of the promulgated standards after
considering the effects on air quality. The Division may consider any more
stringent provision of the MACT determination to be applicable legal
requirements, as necessary to protect air quality, when issuing or revising
such a Title V permit.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(10);
143-215.108;
Eff.
July 1, 1996;
Amended Eff. February 1, 2004;
Readopted
Eff. April 1, 2018;
Amended Eff. August 1,
2022.
