NCMA Workshop March 19 and 24, 2015 Betty Gatano, P.E. Permitting Section North Carolina Division of Air Quality, Raleigh, NC (919)

 Insignificant Activities  Modifications ◦ 502(b)(10) ◦ Minor modifications  Common application errors  Questions and answers 2

 2Q.0503(7) – Insignificant by category ◦ Mobile sources, janitorial services, etc.  2Q.0503(8) – Insignificant by size ◦ Emissions of criteria pollutants before controls < 5 tons/year ◦ HAP emissions before controls < 1000 pounds/year  2Q.0102(b)(1 – 7) aka “Filters” ◦ MACT, NSPS, PSD, NSR, etc. 3

 2Q.0503(7) – Insignificant by category ◦ Mobile sources, janitorial services, etc.  2Q.0503(8) – Insignificant by size ◦ Emissions of criteria pollutants before controls < 5 tons/year ◦ HAP emissions before controls < 1000 pounds/year  New Sources – when permitted  Existing Sources – when requested 4

 Compliance expected  2Q.0508(15) – TV permit includes “ all sources including insignificant activities.” 5

 502(b)(10) change defined in 2Q.0503(16) ◦ “changes that [do not] contravene an express permit term or condition”  No modification to the permit is needed if… ◦ The change is not a modification under 15A NCAC 2D or Title I of the CAA; ◦ The change does not cause an emissions exceedance; ◦ The Permittee notifies the DAQ and the EPA in writing at least seven days before the change; and ◦ The notification is attached to the permit. 6

 Examples of 502(b)(10) changes ◦ Replacing an emission/process unit with an identical unit ◦ Increasing or changing fuels or raw materials that do not result in an emissions increase ◦ Installing emission control equipment ◦ Changing the filter size of an existing bagfilter 7

 October 1, 2013 memorandum  Procedures ◦ Permittee provides written notice to EPA and DAQ at least seven days prior. ◦ DAQ acknowledges receipt of the 502(b)(10) notification. ◦ DAQ does not review change. ◦ DAQ adds change at renewal/significant modification. ◦ Permittee keeps a copy of the notification form and interim conditions with TV permit. 8

 Common Mistakes ◦ Not including proposed condition/permitting terms ◦ Submitting 502(b)(10) request for insignificant activities ◦ Submitting 502(b)(10) request when modification is required  Questions – please ask! ◦ Request applicability determination 9

 Permittee can make changes prior to receiving permit ◦ Not applicable to state-enforceable only rules  Minor modifications are changes that: ◦ Do not violate any existing requirement in the current Title V air quality permit. ◦ Do not result in any significant change in existing monitoring, reporting or recordkeeping provisions in my current permit. ◦ Do not require a case-by-case determination (e.g. BACT). ◦ Are not a modification under Title I of the federal Clean Air Act. ◦ Are not a significant modification per 5A NCAC 2Q ◦ Do not require a change to an existing permit term that was taken to avoid an applicable requirement (e.g. PSD avoidance condition). ◦ Do not require a permit under the NC Toxics program. 10

 Reminder ◦ Procedures are not applicable to state-enforceable only rules. Permit must be issued before making these changes. 11

 October 1, 2013 memorandum  Procedures ◦ Permittee submits application, which includes proposed/interim permit conditions. ◦ DAQ issues completeness determination within 10 days of receipt of complete application. ◦ Permittee can make proposed changes after receipt of completeness determination. ◦ DAQ processes the application like “regular” (i.e., 90 day processing time) minor modifications.  Risks ◦ The applicant assumes all financial risks associated with construction and operation without a permit revision. 12

 2Q.0516 ◦ Not minor modifications, administrative amendments, ownership changes, or 502b(10) changes 13

 Inappropriate signature  No local zoning consistency determination  Incorrect number of copies  No PE seal  Incomplete/inaccurate/missing forms  Incomplete/inaccurate emission factors and/or calculations 14

 Title V Permitting Procedures (2Q.0500) 2Q.0507 (b) … The application form shall be certified by a responsible official for truth, accuracy, and completeness. 40 CFR 70.2 Responsible official means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: 15

2Q.0507(d) ( 1) for a new facility or an expansion of existing facility, a consistency determination according to G.S (f) that: (A) bears the date of receipt entered by the clerk of the local government, or (B) consists of a letter from the local government indicating that all zoning or subdivision ordinances are met by the facility; (2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and proof of publication of a legal notice as required under Rule.0113 of this Subchapter; 16

 Application submitted to the Regional Office  Number of Copies ◦ Three copies for Title V Facilities ◦ Six copies for emission sources subject to 2D.0530, 2D.0531, or 2D.1200, plus one additional copy for each affected State ◦ Three copies of any modeling analysis/report and one copy of the modeling files 17

2Q.0112(b) A professional engineer … shall be required to seal technical portions of air permit applications … that involve: (1) design; (2) determination of applicability and appropriateness; or (3) determination and interpretation of performance; of air pollution capture and control systems. 18

 PE Seal not required ◦ Control device integral to the process ◦ Paint spray booths without VOC capture and controls ◦ PM emission sources with air flow rates < 10,000 actual cubic feet per minute ◦ Permit renewals with no modifications ◦ Others as specified in 2Q

 Missing/inaccurate data  Incomplete references  Readability  Missing forms ◦ Emission Source Applicable Regulation Listing (E2) 20

21 Nothing is known!

22 Which table do we use? Why are facility-wide emissions form referenced? Missing information

23 How are emissions calculated? EF, Material balance, testing, etc. Baseline selection not explained.

 Include a narrative  Provide example calculations  Provide CD or calculations 24

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