Department of Environmental Quality Air Quality Rules Readoption Stakeholder Meeting June 5, 2017 Department of Environmental Quality

Purpose of Today’s Meeting Background General Process Rule Groupings Anticipated Timing Group 3 Rules Group 2 Rules Update Group 1 Rules Update Questions? Department of Environmental Quality

Background G.S. 150B-21.3A requires agencies to review and update rules every 10 years Following finalization of report classifying majority of air quality rules as necessary with substantive interest, Rules Review Commission (RRC) set readoption date for the air quality rules at its May 19, 2016 meeting All 320 existing air quality rules are to be readopted by December 31, 2020 Department of Environmental Quality

General Process Provide opportunity for Stakeholder dialogue/feedback on changes to existing rules that may be needed Concept to Air Quality Committee (AQC) Draft Rules to AQC Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC) Public Comment Period and Hearing Readoption by EMC Rules Review Commission Approval Department of Environmental Quality

Rule Groups &Anticipated General Timing (subject to change) Tentative General Timing (Subject to Change) Group Rules^ Actual or Target Stakeholder Meeting Target EMC Adoption 1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300* December 2, 2016 January 2018 2 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900 March 6, 2017 Early 2018 3 02D .1100, .1200**, .1700**, 02Q .0700 June 5, 2017 Summer 2018 4 02D .0540, .1800, .1900 Fall 2017 Fall 2018 5 02D .0600, .2100, .2600 Late Spring/Summer 2019 6 02D .0500, .0900, .1000, .1400 Spring/Summer 2018 Summer/Fall 2019 ^Some rules may shift from their groups as the process proceeds. *02D .2300 Rules are being processed as part of future group. **02D .1204, .1210, and .1700 Rules are on separate rulemaking tracks. Department of Environmental Quality

Group 3 Rules NC Air Toxics Rules 15A NCAC 02D .1100, Control of Toxic Air Pollutants 15A NCAC 02Q .0700, Toxic Air Pollutant Procedures Incinerator Rules 15A NCAC 02D .1200, Control of Emissions from Incinerators (Except 02D .1204 and .1210) 6/5/2017 Stakeholder Meeting 7/12/2017 Concept to Air Quality Committee (AQC) Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02D .1100 Substantive Changes Procedural Changes 15A NCAC 02D .1101, .1108, and .1109 NA 15A NCAC 02D .1102 Clarify applicability of Section Update format of Section and Rule citations 15A NCAC 02D .1103 15A NCAC 02D .1104 Remove AALs corresponding to SAB Draft May 2015 report Add table header and reference to toxic exempt sources 15A NCAC 02D .1105 15A NCAC 02D .1106 Amend reference to the Guidance for Air Quality Models (Appendix W) and clarify modeling plan submittal requirements 15A NCAC 02D .1107 Remove redundancy in the modeling requirement Remove redundant language and correct cross references 15A NCAC 02D .1110 Remove language deemed unnecessary 15A NCAC 02D .1111 15A NCAC 02D .1112 Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02D .1100 Questions/Comments/Discussion? Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02Q .0700 Substantive Changes Procedural Changes 15A NCAC 02Q .0701 NA Update format of Section and Rule citations 15A NCAC 02Q .0702 Amend exempt sources to make consistent with recent permitting exemption language Add regulatory clarification 15A NCAC 02Q .0703 Clarify/remove definitions as necessary to reflect current rulemaking activities or remove redundancies 15A NCAC 02Q .0704 Add references to DAQ’s requirements to comply with GS 143-215.107(a)(5)(b) – Session Law 2012-91 15A NCAC 02Q .0706 Clarify who should submit a permit application to comply with toxics for modification of a facility and add references to DAQ’s requirements to comply with GS 143-215.107(a)(5)(b) – Session Law 2012-91 15A NCAC 02Q .0707 15A NCAC 02Q .0708 Clarify what sources of previously unknown toxic air pollutants should be included in an application for permit amendment Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02Q Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02Q .0700 (continued) Rules Substantive Changes Procedural Changes 15A NCAC 02Q .0709 Add language to make rule consistent with rules in 15A NCAC 02D .1100 NA 15A NCAC 02Q .0710 Correct typos and cross references 15A NCAC 02Q .0711 Remove TPERs corresponding to SAB recommendations from the Draft May 2015 report and add source exemption language Add header to tables 15A NCAC 02Q .0712 Update format of Section and Rule citations 15A NCAC 02Q .0713 Rule proposed for repeal because it is deemed unnecessary. Part 70 requires that full MACT conditions be placed in permits, and all final MACTs have been promulgated to date. Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02Q .0700 Questions/Comments/Discussion? Department of Environmental Quality

Update format of Section and Rule citations Group 3 Rules Preliminary Updates Incinerator Rules – 15 NCAC 02D .1200* Rule Substantive Changes Procedural Changes 15 NCAC 02D .1201 Amend applicability and clarify/remove obsolete language to reflect changes in Section .1200. Update format of Section and Rule citations 15 NCAC 02D .1202 Amend definitions to reflect changes in Section .1200. Remove definitions for sources that have not been identified 15 NCAC 02D .1203 Possible repeal to reflect the fact that no existing sources subject to this rule have been identified. 15 NCAC 02D .1205 Amend the rule to make it consistent with the Emission Guidelines and to comply with NESHAP for beryllium defined in 40 CFR Part 61, Subpart C. Delete outdated language. 15 NCAC 02D .1206 Delete outdated language. Remove ambient standards duplicative of more restrictive facility wide air toxics and EG requirements. Clarify/remove redundant language from text contained in definition. Department of Environmental Quality

Group 3 Rules Preliminary Updates Incinerator Rules – 15 NCAC 02D .1200* Substantive Changes Procedural Changes 15 NCAC 02D .1207 Possible repeal to reflect the fact that the existing sources subject to this rule have not been identified. Update format of Section and Rule citations 15 NCAC 02D .1208 Amend applicability. Potentially rename rule. 15 NCAC 02D .1211 15 NCAC 02D .1212 Rules 15A NCAC 02D .1204 (SSI) and .1210 (CISWI) are following separate rulemaking efforts. Rule 15A NCAC 02D .1209 was previously repealed. Department of Environmental Quality

Group 3 Rules Preliminary Updates NC Air Toxics - 15A NCAC 02Q .0700 Questions/Comments/Discussion? Department of Environmental Quality

Group 2 Rules Update 15A NCAC 02Q - AIR QUALITY PERMIT PROCEDURES (excluding 02Q .0700) SECTION .0100 – GENERAL PROVISIONS SECTION .0200 – PERMIT FEES SECTION .0300 – CONSTRUCTION AND OPERATION PERMITS SECTION .0400 – ACID RAIN PROCEDURES SECTION .0500 – TITLE V PROCEDURES SECTION .0800 – EXCLUSIONARY RULES SECTION .0900 – PERMIT EXEMPTIONS 3/6/2017 Stakeholder Meeting 3/8/2017 Concept to Air Quality Committee (AQC) 5/10/2017 Draft Rules to AQC w/approved RIA 7/13/2017 Anticipated Date for EMC to Approve Draft Rules / Regulatory Impact Analysis and to Proceed to Hearing Department of Environmental Quality

Group 1 Rules Update 15A NCAC 02D -SECTION .0100 ‑ DEFINITIONS AND REFERENCES -SECTION .0200 ‑ AIR POLLUTION SOURCES -SECTION .0300 ‑ AIR POLLUTION EMERGENCIES -SECTION .0400 ‑ AMBIENT AIR QUALITY STANDARDS -SECTION .1300 ‑ OXYGENATED GASOLINE STANDARD -SECTION .2000 - TRANSPORTATION CONFORMITY -SECTION .2200 - SPECIAL ORDERS 12/2/2016 Stakeholder Meeting 1/11/2017 Concept to Air Quality Committee (AQC) 3/9/2017 Draft Rules to AQC 5/11/2017 Request to Proceed to Comment and Hearing to EMC 8/3/2017 Public Hearing Date – Charlotte, NC 6/15 - 8/14/2017 Public Comment Period and Hearing Department of Environmental Quality

Wrap Up Next Group… Group 4 Rules 15A NCAC 02D .0540, Particulates from Fugitive Dust Emission 15A NCAC 02D .1800, Control of Odors 15A NCAC 02D .1900, Open Burning Stakeholder meeting tentative Fall 2017 Department of Environmental Quality

Final Questions/Feedback? Wrap Up Final Questions/Feedback? Department of Environmental Quality

How to Get Involved Information available at Send comments to: http://deq.nc.gov/about/divisions/air-quality/air-quality-rules/periodic-review-existing-rules Once in queue for action by AQC/EMC, refer to http://deq.nc.gov/about/divisions/air-quality/air-quality-rules Send comments to: daq.publiccomments@ncdenr.gov Type “Stakeholder Readoption Comment” in subject line For Group 3, please submit comments by June 26, 2017 Department of Environmental Quality

Contact Joelle Burleson, EIT, CPM Rules Development Branch Supervisor Division of Air Quality, Planning Section North Carolina Department of Environmental Quality   919 707 8720    office joelle.burleson@ncdenr.gov Department of Environmental Quality

Department of Environmental Quality