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Department of Environmental Quality Draft Air Quality Rules Readoption, Group 4 AQC Meeting – July 11, 2018
Rule Groups & Anticipated General Timing 2 Department of Environmental Quality Tentative Rule Readoption Schedule (Subject to Change) Group Rules* Stakeholder Meeting Target EMC Adoption102D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300December 2, 2016January 2018Effective: 1/1/2018 02D .2203, 2/1/2018202Q .0100, .0200, .0300, .0400, .0500, .0800, .0900March 6, 2017March/April 2018 Effective:4/1/2018302D .1100, .1200, .1700**, 02Q .0700June 5, 2017Summer 2018 Effective: 7/1/2018 02D .1204, 3/1/2018402D .0540, .1800, .1900February 13, 2018Spring 2019End Stakeholder Comments: 2/28/2018502D .0600, .2100, .2600June 28, 2018Spring/Summer 2019602D .0500, .0900, .1000**, .1400Summer/Fall 2018Summer/Fall 201902D .1000 Effective 7/1/2018 * Some rules may shift groups as process progresses.** 02D .1000 and .1700 are on separate tracks from the rest of rules up for readoption. 02D .1000 effective July 1, 2018. # 02D .2300 deferred from Group 1 for further DAQ consideration post stakeholder; to be processed with Group 5.
H74 Group 4 Rules NC Fugitive Dust Rule 15A NCAC 02D .0540, Particulates from Fugitive Dust Emission Sources NC Odor Rules15A NCAC 02D .1800, Control of Odors NC Open Burning Rules15A NCAC 02D .1900, Open Burning11/08/2017 Concept to AQC02/13/2018 Stakeholder Meeting02/28/2018 Stakeholder Comments Due07/11/2018 Draft Rules to Air Quality Committee (AQC)3Department of Environmental Quality
H74 Group 4 Rules Preliminary UpdatesNC Fugitive Dust Rule - 15A NCAC 02D .0540 Rule Substantive Changes Procedural Changes15A NCAC 02D .0540Clarify definitions, exemptions, and requirements for a fugitive dust control plan.Update format of Section and Rule citations.4Department of Environmental Quality
H74 Group 4 Rules Preliminary UpdatesNC Odor Rules - 15A NCAC 02D .1800 Rule Substantive Changes Procedural Changes15A NCAC 02D .1801N/AN/A15A NCAC 02D .1802Amend rule language to provide clarity. Remove obsolete text. Redefine what constitutes a plan failure for a best management plan. Administrative and technical changes.15A NCAC 02D .1803N/A Administrative and technical changes.15A NCAC 02D .1804N/A N/A15A NCAC 02D .1806Amend rule language to provide clarity. Remove obsolete text. Add provision for requesting extensions. Add an intermediary step prior to requirement for maximum feasible controls. Administrative and technical changes.15A NCAC 02D .1807N/AAdministrative and technical changes. 15A NCAC 02D .1808N/AAdministrative and technical changes.5Department of Environmental Quality
H74 Group 4 Rules Preliminary UpdatesNC Open Burning Rules – 15 NCAC 02D .1900 Rule Substantive Changes Procedural Changes15A NCAC 02D .1901NAUpdate format of Rule citations.15A NCAC 02D .1902Remove definitions that are no longer applicable or necessary. Break up one definition into two parts for clarity.Update format of Section and Rule citations.15A NCAC 02D .1903Add clarifying language to several paragraphs. Update language to reflect current proceduresUpdate format of Section and Rule citations.15A NCAC 02D .1904Amend rule to make it consistent with new Federal Emission Guidelines. Delete outdated language and remove existing requirements that are unnecessary now that Federal Emission Guidelines are applicable to air curtain incinerators.Update format of Section and Rule citations15A NCAC 02D .1905NAUpdate regional office addresses. 15A NCAC 02D .1906NAUpdate county office name.15A NCAC 02D .1907NAUpdate format of Section.6Department of Environmental Quality
H74 Group 4 Rules Stakeholder participation at meeting good Comments from: Air Curtain Incinerator (ACI) Operators and a Town that Uses ACI services on impacts of costs of Title V permit Environmental Groups supporting the existing definition of objectionable odor in .1800 rules, on clarification of applicability to liquid waste management systems, changes to best management plan provisions, and suggesting reporting of ammonia and hydrogen sulfide emissions in best management plansDepartment of Agriculture and Consumer Services on various reference corrections, confusing units for steady state live weight, redundant languageNational Waste and Recycling Association supporting suggested changes to 02D .18007Department of Environmental Quality
H74 Group 4 Rules Preliminary UpdatesNC Air Curtain Incinerator Rule – 15 NCAC 02D .1904 8 Department of Environmental Quality
H74 Group 4 Rules Preliminary UpdatesNC Air Curtain Incinerator Rule – 15 NCAC 02D .1904 9 Department of Environmental Quality Air Curtain Incinerators (ACIs) may be subject to any of the following federal rules: 40 CFR 60, Subpart AAAA, BBBB, CCCC, DDDD, EEEE, or FFFF.Most ACIs operating in NC will require a Title V permit, with the only clear exception being for temporary units used for disaster recovery purposes.DAQ is developing a general Title V permit for ACIs.Notification requirements for ACIs used for disaster recovery longer than eight weeks.10% opacity limit applies during normal operation; 35% opacity limit applies during startup (first 30 minutes of operation).Initial and annual opacity testing required.
H74 Group 4 Rules Fiscal Note approved by Office of State Budget and Management (OSBM) on June 13, 2018 as not resulting in significant state or local fiscal impact or substantial economic impact to the regulated community or other parties. Private sector impact is from changes to 02D .1904 reflecting federal requirements and is due to increased fees for obtaining a General Title V Permit estimated to range from $0 to $23,064 in the first year and $0-$19,839 for subsequent years depending on the compliance path facilities choose. H374, Section 13, ratified and presented to the Governor 6/15/2018, reduces the fee for air curtain burners with emission below the Title V major source threshold to 10% of otherwise applicable fee, and requires implementation in interim until the EMC adopts the specified change to its permit fee rule 15A NCAC 02Q .0203.10Department of Environmental Quality
Group 4 Rules Tentative Timing (subject to change) 11 Department of Environmental Quality 11/8/2017 Concept to Air Quality Committee (AQC) 6 /28/2018 Stakeholder Meeting 7/11/2018 Draft Rules to AQC9/13/2018 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC) 10/15/2018 - Public Comment Period and Hearing 12/14/20183/14/2019 Readoption by EMC4/18/2019 Rules Review Commission Approval5/1/2019 Tentatively Effective
H74 Group 4 Rules DAQ requests approval to proceed to the EMC in September to request approval to proceed to public comment and hearing on the proposed readoption of 15A NCAC 02D .0540, .1800, and .1900 and the associated fiscal note. 12 Department of Environmental Quality
Contact 13 Department of Environmental Quality Joelle Burleson, EIT, CPM Rules Development Branch Supervisor Division of Air Quality, Planning Section North Carolina Department of Environmental Quality 919 707 8720 officejoelle.burleson@ncdenr.gov
14 Department of Environmental Quality
Department of Environmental Quality
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