Department of Environmental Quality

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Presentation transcript:

Department of Environmental Quality Draft Air Quality Rules Readoption, Group 2 EMC Meeting - July 13, 2017 Department of Environmental Quality

Rule Groups & Anticipated General Timing (subject to change) Tentative General Timing (Subject to Change) Group Rules* 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 groups as process progresses ^Indicates date meeting held. **Rules in these Sections have been moved from their original grouping; being processed as part of future groups or on separate rulemaking tracks Department of Environmental Quality

Group 2 Rules 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 3/20/2017 – Stakeholder comment period ended, 4 comments received, Rule revisions based on stakeholder comments documented at http://deq.nc.gov/about/divisions/air-quality/air-quality-rules/periodic-review-existing-rules 3/8/2017 - Concept to Air Quality Committee (AQC) 5/10/2017 – Draft Rules to AQC Department of Environmental Quality

Group 2 Rules Title V Non-Title V Other SECTION .0400 – ACID RAIN PROCEDURES SECTION .0500 – TITLE V PROCEDURES Non-Title V SECTION .0300 – CONSTRUCTION AND OPERATION PERMITS SECTION .0800 – EXCLUSIONARY RULES SECTION .0900 – PERMIT EXEMPTIONS Other SECTION .0100 – GENERAL PROVISIONS SECTION .0200 – PERMIT FEES Department of Environmental Quality

Group 2 Rules Preliminary Updates Title V SECTION .0400 – ACID RAIN PROCEDURES 2 rules (Modified without substantive changes to update formatting of references, correct cross references, and update Department name) SECTION .0500 – TITLE V PROCEDURES 26 rules (5 with no changes, 17 modified without substantive changes, and 4 modified with substantive changes to update format of references, clarify language, remove obsolete references related to initial implementation of Title V, update number of copies of applications needed per current business practice, update referenced web address, and make the language consistent with 40 CFR Part 70) Department of Environmental Quality

Group 2 Rules Preliminary Updates Non-Title V SECTION .0300 – CONSTRUCTION AND OPERATION PERMITS 17 rules (3 with no changes, 8 without substantive changes, and 6 with substantive changes to update format of references, add definition of responsible official to match the definition used in the Title V rules and deletion language “appropriate official” for consistency, clarify definitions of new and modified facilities, update number of copies of letters and applications needed per current business practice, eliminate outdated language related to timeframe prior to EPA initial approval of Title V program) Department of Environmental Quality

Group 2 Rules Preliminary Updates Non-Title V SECTION .0800 – EXCLUSIONARY RULES 10 rules (1 repeal, 8 without substantive changes, and 1 with substantive changes to update format of references, make various language clarifications, clarify need to maintain records and submit reports per individual source category rule, propose repeal of concrete batch plant rule as no longer needed based on potential emissions calculation under current methodology and recent updates to 02Q .0102) SECTION .0900 – PERMIT EXEMPTIONS 3 rules (1 with no changes, 1 without substantive changes, and 1 with substantive changes to update format of references, clarify submittal of test report in temporary crusher rule, remove unnecessary language related to Title II engines, make various minor language clarifications, format updates, and typographical error corrections) Department of Environmental Quality

Group 2 Rules Preliminary Updates Other SECTION .0100 – GENERAL PROVISIONS 13 rules modified without substantive changes SECTION .0200 – PERMIT FEES 7 rules (6 rules without substantive changes and 1 with substantive changes to make administrative format updates and remove NOx and VOC emissions reporting requirement for >25 tpy and <100 tpy sources for portion of former 1997 8-hour ozone maintenance area to the extent information is not needed for narrowing of area designations for subsequent standards) Department of Environmental Quality

Group 2 Rules Tentative Timing (subject to change) 3/6/2017 Stakeholder Meeting 3/9/2017 Concept to Air Quality Committee (AQC) 5/10/2017 Draft Rules to AQC 7/13/2017 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC) 8/15/2017 - Public Comment Period and Hearing 10/16/2017 1/11/2018 Readoption by EMC 2/15/2018 Rules Review Commission Approval 3/1/2018 Tentatively Effective Department of Environmental Quality

Recommendation The Director recommends that the Commission approve the package of proposed rule readoptions and regulatory impact analysis, authorize a public hearing(s) on the proposed rules and regulatory impact analysis, and that the Chairman appoint a member(s) of the Commission to serve as hearing officer(s). Department of Environmental Quality