Department of Environmental Quality
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Department of Environmental Quality

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Department of Environmental Quality




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Presentation on theme: "Department of Environmental Quality"— Presentation transcript:

Slide1

Department of Environmental Quality

Draft Air Quality Rules Readoption, Group 4

AQC Meeting – September 12, 2018

Slide2

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Department of Environmental Quality

Rule Groups & Anticipated General Timing

Tentative Rule Readoption Schedule (Subject to Change)

Group

Rules*

Stakeholder MeetingTarget EMC Adoption102D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300#December 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.

Slide3

H74 Group 4 Rules

NC Fugitive Dust Rule

15A NCAC 02D .0540, Particulates from Fugitive Dust Emission Sources

NC Odor Rules

15A NCAC 02D .1800, Control of Odors NC Open Burning Rules15A NCAC 02D .1900, Open Burning11/08/2017 Concept to AQC02/13/2018 Stakeholder Meeting

02/28/2018 Stakeholder Comments Due09/12/2018 Draft Rules to Air Quality Committee (AQC)3Department of Environmental Quality

Slide4

H74 Group 4 Rules Preliminary Updates

NC Fugitive Dust Rule - 15A NCAC 02D .0540

Rule

Substantive Changes

Procedural Changes15A NCAC 02D .0540

Clarify definitions, exemptions, and requirements for a fugitive dust control plan.Update format of Section and Rule citations.4Department of Environmental Quality

Slide5

H74 Group 4 Rules Preliminary Updates

NC Odor Rules - 15A NCAC 02D .1800

Rule

Substantive Changes

Procedural Changes15A NCAC 02D .1801

N/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/AAdministrative and technical changes.15A NCAC 02D .1804N/AN/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. Add exemption for products that are (i) grown, produced, or generated on one or more agricultural operations and (ii) "renewable energy resources," per S.L. 2017-108.

Administrative and technical changes.15A NCAC 02D .1807N/AAdministrative and technical changes.15A NCAC 02D .1808N/AAdministrative and technical changes.5

Slide6

H74 Group 4 Rules Preliminary Updates

NC Open Burning Rules – 15 NCAC 02D .1900

Rule

Substantive Changes

Procedural Changes15A NCAC 02D .1901

NAUpdate 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 .1907NA

Update format of Section.6

Slide7

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 plans

Department 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 .1800

7Department of Environmental Quality

Slide8

H74 Group 4 Rules Preliminary Updates

NC Air Curtain Incinerator Rule – 15 NCAC 02D .1904

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Department of Environmental Quality

Slide9

H74 Group 4 Rules Preliminary Updates

NC Air Curtain Incinerator Rule – 15 NCAC 02D .1904

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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.

Slide10

H74 Group 4 Rules Preliminary Updates

NC Air Curtain Incinerator Rule – 15 NCAC 02D .1904

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Department of Environmental Quality

6 Permitted Air Curtain Incinerators in NC

Varying dimensions10-20 tons per hour maximum burning capacityThroughput ranged from 0 to 3500 tons per year with a total of 4595 tons per year for all 65 operate intermittently and 1 facility has not operated its ACI in the last 3 years

Slide11

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.

S.L. 2018-114, Regulatory Reform Act of 2018, Section 13, reduces the fee for air curtain burners with emissions 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.

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Department of Environmental Quality

Slide12

H74 Group 4 Rules

Estimated Total Impact Changes as a Result of S.L. 2018-114

Total Cost Changes

Current RIA $0 to $23,064 for first year $0 to $19,839 for subsequent yearsRevised RIA $0 to $3,936 for first year $ 0 to $2,768 for subsequent years

Costs Changes on an Individual Permit BasisCurrent RIA (50% of Applicable Fee) $437.50 Permit Application Fee $3,556.50 General Permit Annual FeeRevised RIA (10% of Applicable Fee) $94.70 Permit Application Fee $711.30 General Permit Annual Fee

12Department of Environmental Quality

Slide13

H74 Group 4 Rules (Updated)

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Department of Environmental Quality

S.L. 2017-108

An Act To Amend Certain Laws Governing Agricultural Matters. EXPAND FACILITIES EXEMPT FROM EMC RULE

SECTION 2.(a) Rule. – Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (c) of this section, the Commission shall implement 15A NCAC 02D .1806, as provided in subsection (b) of this section. SECTION 2.(b) Implementation. – Notwithstanding subsection (c) of 15A NCAC 02D .1806, any facility that stores products that are (i) grown, produced, or generated on one or more agricultural operations and (ii) "renewable energy resources," as defined in G.S. 62-133.8(a)(8), shall be exempt from the requirements of 15A NCAC 02D .1806 until the Environmental Management Commission reviews and readopts the Rule pursuant to subsection (c) of this section and determines the criteria under which the exemption should be made permanent. SECTION 2.(c) Additional Rule-Making Authority. – The Commission shall adopt rules to amend 15A NCAC 02D .1806 consistent with subsection (b) of this section. SECTION 2.(d) Effective Date. – Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective. The remainder of this section is effective when it becomes law.

Slide14

H74 Group 4 Rules (Updated)

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Department of Environmental Quality

G.S. § 62-133.8. Renewable Energy and Energy Efficiency Portfolio Standard (REPS).

(a) Definitions. – As used in this section: .(8) "Renewable energy resource" means a solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy resource; a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. "Renewable energy resource" does not include peat, a fossil fuel, or nuclear energy resource.

Slide15

H74 Group 4 Rules Preliminary Updates

15 NCAC 02D .1806

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Department of Environmental Quality

02D .1806 amended to include:

Exemptions. The requirements of this Rule do not apply to: . (11) any facility that stores products that are grown, produced, or generated on one or more agricultural operations and that are "renewable energy resources," as defined in G.S.62-133.8(a)(8) if the facility identifies the sources of potential odor emissions and specifies odor management practices in their permit pursuant to 15A NCAC 02Q .0300 or .0500 to minimize objectionable odor beyond the property lines.

Slide16

H74 Group 4 Rules Preliminary Updates

15 NCAC 02D .1806

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Department of Environmental Quality

Proposed Exemption Criteria consists of proactive inclusion of measures for minimizing odor in permit

Allows flexibility to use site specific measures to address site characteristics that can impact odorProvides transparency Cost impacts expected to be minimal

Slide17

Group 4 Rules Tentative Timing - Updated

(subject to change)

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Department of Environmental Quality

11/8/2017 Concept to Air Quality Committee (AQC)

2/13/2018 Stakeholder Meeting

9/12/2018 Draft Rules to AQC11/8/2018 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC) 12/17/2018- Public Comment Period and Hearing 2/15/20195/9/2019 Readoption by EMC6/20/2019 Rules Review Commission Approval7/1/2019 Tentatively Effective

Slide18

H74 Group 4 Rules (Updated)

DAQ requests approval to proceed to the EMC in November to request approval to proceed to public comment and hearing on the proposed readoption of 15A NCAC 02D .0540, .1800, and .1900

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Department of Environmental Quality

Slide19

Contact

19

Department of Environmental Quality

Joelle Burleson, EIT, CPM

Senior Regulatory Advisor

Division of Air Quality, Planning Section

North Carolina Department of Environmental Quality 919 707 8720    officejoelle.burleson@ncdenr.gov

Slide20

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Department of Environmental Quality