Department of Environmental Quality - PowerPoint Presentation

Department of Environmental Quality Air Quality Rules Readoption Stakeholder Meeting February 13, 2018

Objectives for Today’s Meeting 2 Department of Environmental Quality Background General Rule Readoption Process Rule Groupings Readoption Schedule (Tentative) Summary of Proposed Changes for H74 Group 4 Rules Update on H74 Group 3 Rules Update on H74 Group 2 Rules Update on H74 Group 1 Rules Q&A

Background 3 Department of Environmental Quality N.C.G.S. 150B-21.3A requires agencies to review and update rules every 10 years. Session Law 2013-413 (H74) authorized the change in the general statute. Following finalization of a report which classified that majority of air quality rules as necessary with substantive interest, the Rules Review Commission set a readoption date for the air quality rules at its May 19, 2016 meeting. All 320 existing air quality rules are to be readopted by December 31, 2020.

General Process 4 Department of Environmental Quality Provide opportunity for Stakeholder dialogue/feedback on proposed changes to existing rules Present rule concept to Air Quality Committee (AQC) Present draft rules and regulatory impact analysis to AQC Request Environmental Management Commission (EMC) to authorize public comment period and hearing on draft rules Request EMC to approve hearing record and readopt rules Present final rules to Rules Review Commission (RRC) for approval and inclusion in the NC Administrative Code

Rule Groups & Anticipated General Timing 5 Department of Environmental Quality Tentative Rule Readoption Schedule (Subject to Change) Group Rules* Target Stakeholder Meeting Target EMC Adoption 1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300 December 2, 2016 January 2018 2 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900 March 6, 2017 March/April 2018 3 02D .1100, .1200, .1700**, 02Q .0700 June 5, 2017 Summer 2018 4 02D .0540, .1800, .1900 February 13, 2018Spring 2019502D .0600, .2100, .2600Spring/Summer 2018Spring/Summer 2019602D .0500, .0900, .1000**, .1400Summer/Fall 2018Summer/Fall 2019 * 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 .2300 deferred from group 1 for further DAQ consideration; to be brought forward with a subsequent group.

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 Burning02/13/2018 Stakeholder Meeting02/28/2108 Stakeholder Comments Due05/09/2018 Draft Rules to Air Quality Committee (AQC)6Department 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.7Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Fugitive Dust Rule - 15A NCAC 02D .0540 Questions/Comments/Discussion? 8 Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Odor Rules - 15A NCAC 02D .1800 Rule Substantive Changes Procedural Changes15A NCAC 02D .1801Clarify definitions by removing arbitrary and subjective language. N/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 .1803 N/AAdministrative 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. Also, DAQ is considering adding 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 .1808 N/A Administrative and technical changes. 9 Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Odor Rules - 15A NCAC 02D .1800 Questions/Comments/Discussion? 10 Department 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 procedures. Also, DAQ is considering what to do with “nuisance” clause in light of Session Law 2014-120. Update 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 .1905NA Update regional office addresses.15A NCAC 02D .1906NAUpdate county office name.15A NCAC 02D .1907NAUpdate format of Section.11Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Open Burning Rules - 15A NCAC 02D .1900 Questions/Comments/Discussion? 12 Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Air Curtain Incinerator Rule – 15 NCAC 02D .1904 13 Department of Environmental Quality

H74 Group 4 Rules Preliminary UpdatesNC Air Curtain Incinerator Rule – 15 NCAC 02D .1904 14 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 (50% of normal fees).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 Preliminary UpdatesNC Air Curtain Incinerator Rule – 15 NCAC 02D .1904 Questions/Comments/Discussion? 15 Department of Environmental Quality

H74 Group 3 Rules Update 15A NCAC 02D SECTION .1100 – CONTROL OF TOXIC AIR POLLUTANTS SECTION .1200 – CONTROL OF EMISSIONS FROM INCINERATORS15A NCAC 02QSECTION .0700 – TOXIC AIR POLLUTANT PROCEDURES06/05/2017 Stakeholder Meeting 07/12/2017 Concept to Air Quality Committee (AQC)09/13/2017 Draft Rules to AQC w/ approved RIA11/09/2017 Request to Proceed to Comment and Hearing to EMC 02/06/2018 Public Hearing Date – Raleigh, NC02/08/2018 Public Hearing Date – Kannapolis, NC03/05/2018 Public Comment Period Ends05/10/2018 Request EMC to Approve Hearing Officer’s Report and Readopt Rules 16

H74 Group 2 Rules Update 17 Department of Environmental Quality 15A NCAC 02D - AIR QUALITY PERMIT PROCEDURES (excluding 02Q .0700) SECTION .0100 – GENERAL PROVISIONS SECTION .0200 – PERMIT FEES SECTION .0300 – CONSTRUCTION AND OPERATION PERMITS SECTION .0400 – ACID RAIN PROCEDURES SECTION .0500 – TITLE V PROCEDURES SECTION .0800 – EXCLUSIONARY RULES SECTION .0900 – PERMIT EXEMPTIONS 03/06/2017 Stakeholder Meeting 03/08/2017 Concept to Air Quality Committee (AQC) 05/10/2017 Draft Rules to AQC w/approved RIA 07/13/2017 Request to Proceed to Comment and Hearing to EMC 09/27/2017 Public Hearing Date – Winston-Salem, NC 01/11/2018 Request EMC to Approve Hearing Officer’s Report and Readopt Rules 02/15/2018 Request RRC Approval (may shift to 03/15/2018)

H74 Group 1 Rules Update 18 Department of Environmental Quality 15A NCAC 02D SECTION .0100 – DEFINITIONS AND REFERENCES SECTION .0200 – AIR POLLUTION SOURCES SECTION .0300 – AIR POLLUTION EMERGENCIES SECTION .0400 – AMBIENT AIR QUALITY STANDARDS SECTION .1300 – OXYGENATED GASOLINE STANDARD SECTION .2000 – TRANPORTATION CONFORMITY SECTION .2200 – SPECIAL ORDERS 01/11/2017 Concept to Air Quality Committee (AQC) 05/11/2017 Request to Proceed to Comment and Hearing to EMC 08/03/2017 Public Hearing Date – Charlotte , NC 11/09/2017 EMC Hearing Officer’s Report Approval and Readoption 12/14/2017 RRC Approval 01/01/2018 State Effective Date (one exception is 15A NCAC 2D .2203, which is state effective as of February 1, 2018)

Wrap Up 19 Department of Environmental Quality Next Group… H74 Group 5 Rules 15A NCAC 02D .0600, Monitoring, Recordkeeping, and Reporting 15A NCAC 02D .2100, Risk Management Program 15A NCAC 02D .2600, Source Testing Stakeholder meeting tentatively scheduled for late spring or early summer 2018.

Wrap Up Final Questions/Feedback? 20 Department of Environmental Quality

How to Get Involved 21 Department of Environmental Quality Information available at http://deq.nc.gov/about/divisions/air-quality/air-quality-rules/periodic-review-existing-rules Once in queue for action by AQC/EMC, refer to http://deq.nc.gov/about/divisions/air-quality/air-quality-rules Send comments to: daq.publiccomments@ncdenr.gov Type “Stakeholder Readoption Comment” in subject line. For H74 Group 4 rules, please submit comments by February 28, 2018.

Contact 22 Department of Environmental Quality Steve Hall Acting Rules Development Branch Supervisor Division of Air Quality, Planning Section North Carolina Department of Environmental Quality   919 707 8404    office steve.hall@ncdenr.gov

23 Department of Environmental Quality