Department of Environmental Quality

Department of Environmental Quality Department of Environmental Quality - Start

2018-12-21 4K 4 0 0

Department of Environmental Quality - Description

Environmental Management Commission Meeting. Startup, Shutdown, and Malfunction SIP Call Rule Adjustment. May 9, 2018. 1. Concern. Litigation on the Startup, Shutdown and Malfunction (SSM) SIP Call action has been held in abeyance indefinitely by the U.S. Court of Appeals for the D.C. Circuit at EP.... ID: 744760 Download Presentation

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Department of Environmental Quality




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Department of Environmental Quality

Environmental Management Commission MeetingStartup, Shutdown, and Malfunction SIP Call Rule AdjustmentMay 9, 2018

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Concern

Litigation on the Startup, Shutdown and Malfunction (SSM) SIP Call action has been held in abeyance indefinitely by the U.S. Court of Appeals for the D.C. Circuit at EPA’s request while the SIP Call is under review by EPA causing regulatory uncertainty. In the event the SSM SIP Call litigation is not resolved prior to May 22, 2018 effective date of state rule revisions, and ultimately the SSM SIP Call is not upheld, resources may be expended unnecessarily.

NC’s rule revisions were in response to the SIP Call EPA is now reviewing

To provide regulatory certainty to sources while uncertainty at federal level is resolved, adjustment of the effective date of NC’s rules is proposed

Department of Environmental Quality

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Proposed Approach to Address Concern

ApproachPer 150B-21.3, which provides that an agency may specify a later rule effective date, revise effective date in History Note along lines of:

“Amended Eff. on effective date of EPA approval into North Carolina’s State Implementation Plan.

Department of Environmental Quality

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Hearing Report on Startup, Shutdown, Malfunction Rules Effective Date Adjustment

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Department of Environmental Quality

Hearing: March 20, 2018, Raleigh

Hearing Officer: Commissioner Charlie Carter

Comment Period: Closed March 20, 2018

Comments Summary:

No comments received

Recommendation:

The proposed adjustment of the effective date of rules 15A NCAC 02D .0535 and .0545 as presented in Chapter II of the hearing report be adopted by the Environmental Management Commission.


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