1 Improving Environmental Improving Environmental Protection and Reducing Protection and Reducing Administrative Burden Administrative Burden North Carolina Division of Air Quality North Carolina Division of Air Quality Air Quality Committee May 13, 2015
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1 Improving Environmental Protection and Reducing Administrative Burden North Carolina Division of Air Quality Improving Environmental Protection and Reducing.
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Improving Environmental Improving Environmental Protection and Reducing Protection and Reducing Administrative BurdenAdministrative Burden
North Carolina Division of Air QualityNorth Carolina Division of Air Quality
Air Quality CommitteeMay 13, 2015
Increasing Environmental Protection
• Historical Approach to Permitting
• Background
• Alternative Tiered Threshold Proposals
• Revisions to Permit Exemptions
• Improved Compliance
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Do I need a permit?
Take Limit to be Synthetic
Minor
Small
No permit Exempt?
Facility Type?
General PermitYarn SpinningConcrete Batch
Cotton Gin
Permit by RuleEmergency GeneratorTemporary CrusherNonTitle V
Permit
PTE above
Title V?
Title V Permit
WantTitle V?
Registration
(Future)
Below cutoff?
Background
• Frustrations with 02Q .0102 – Permit exemptions rule– Difficult to understand and implement
– Started internal workgroup to improve rule
• Simultaneously – Take a fresh look at non-Title V permitting– Administrative level of effort is relatively high for facilities with
very low emissions
– Should we consider doing something different that improve environmental protection and reduce administrative burden?
– Concentrated discussion and strategic thinking sessions
– Data analysis (emissions profiles, compliance history, regulatory framework and complexity)
– Staff experience
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Background
• Internal Workgroup Formed– Regional and Central Office Permitting staff
representatives, Rules staff, and Division of Environmental Assistance and Customer Service (DEACS) representative
• Goal: – Simplify rules– Reduce regulatory burden– Maintain compliance with State and Federal
requirements– Improve Environmental Outcomes
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Background
• Stakeholder Meeting held November 6, 2014• Participation from environmental groups, regulated
community, local programs• Feedback was requested• Agency received comments and suggestions regarding
alternative tiered threshold approaches to further simplify the permitting process
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NCMA Tiered Approach• Tier 1 - Registration
– Actual emissions of all pollutants > 5 tons per year (tpy) and < 25 tpy.
– MACT, Title V, NSPS, or sources of VOC or NOx in nonattainment areas are not eligible.
– Registered facilities would be subject to a fee.
• Tier 2 – Permit by Rule– Actual emissions of all pollutants > 25 tpy but < 50 tpy and
potential to emit < 100 tpy based on operational constraints.– Facilities are subject to a fee.
• Tier 3 – Air Quality Permit– All sources that do not qualify for Tier 1 or Tier 2 and are not
Title V.
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NC Chamber Tiered Approach
• Tier 1 – Registration (larger facilities)– Actual emissions of all pollutants > 50 tpy and < 100 tpy.– Update registration annually indicating whether emission
units have been added or changed.– Registration fee.
• Tier 2 – Registration (smaller facilities)– Facilities with actual emissions for all pollutants < 25 tpy
would be exempt from registration or any other permitting requirements.
– Registration for facilities with actual emissions of all pollutants > 25 tpy and < 50 tpy.
– Registration fee.
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Shuford Yarns• Tier 1 – Registration
– Actual emissions for all pollutants < 50 tpy.– MACT, Title V, NSPS, or sources of VOC or NOx in
nonattainment areas are not eligible.– Registered facilities would be subject to a fee.
• Tier 2 – Permit by Rule– Meets requirements of Tier 1 and also have NSPS or GACT
sources that do not have performance requirements.– Facilities are subject to a fee.
• Tier 3 – Air Quality Permit– All sources that do not qualify for Tier 1 or Tier 2 and are not
Title V.– Fees and permits issued as they are now.
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Revisions to Permit Exemptions• Revise 02Q .0102 – Permit Exemptions• General Permits or Permit by Rule
• Develop 502(b)(10) process for changes similar to one for Title V facilities in 15A NCAC 02Q .0523.
• Add peak shavers exemption to 15A NCAC 02Q .0903.• GACT subject sources not automatically triggered
into permitting.• 5 TPY facility wide actual emissions exemption
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02Q .0102 – Permit Exemptions
• General list of changes– Clean-up– Simplify language where possible– Remove uses of “exceptions to exemptions”– Expand exemptions where administrative
efforts exceed benefits– Fewer interpretive memos needed to help
apply the rule
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02Q .0102 – Permit Exemptions
• Miscellaneous Activities– For particulates, replaced TSP with PM10.– Registration for facilities with actual emissions of all
pollutants less than 25 tpy. – Registered facilities subject to a fee.
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02Q .0102 – Permit Exemptions
• Noted modifications (cont.)
– Added wood fuel to the unadulterated liquid fossil fuel combustion exemption.
– Added categorical exemption for sawmills processing green wood (removed former corresponding size exemption).
– Expanded stationary RICE unit exemption.
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02Q .0102 – Permit Exemptions
• Noted modifications (cont.)
– Removed portable generator exemptions because DAQ does not regulate Title II sources.
– Eliminated exemption for peak shaving units in favor of a specific exemption by rule in 15A NCAC 2Q .0900.
– Expanded coating and graphic arts exemption allowing smaller sources of VOCs to be exempted.
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502(b)(10) Requirements
• Name refers to section under Title V of the CAA.• No Permit Modification Required if:
– Changes are not a modification under 15A NCAC 02D or Title I of the federal Clean Air Act.
– Changes do not cause the emissions allowed under the permit to be exceeded.
– Changes do not require a permit under the North Carolina Toxics program.
– Permittee notifies the Director and EPA with written notification at least seven days before the change is made.
– Permittee attaches the notice to the relevant permit.17
Improving Compliance
• DAQ will maintain a public database of active facilities• More frequent facility visits• Compliance presence will continue• Compliance assurance visits will:
– address all requirements of the rules– address recordkeeping and monitoring requirements of
the rules– discuss any new regulatory requirements the facility
should be aware of– share best practices
• Increased level of compliance with regulatory requirements
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Improving Compliance
• If compliance is an issue, a permit shall be required if necessary to obtain or maintain compliance
• Like permitted facilities and emission units DAQ will continue to respond to complaints and follow up as necessary