Department of Environmental Quality Air Quality Rules Readoption Stakeholder Meeting
Presentations text content in Department of Environmental Quality Air Quality Rules Readoption Stakeholder Meeting
Department of Environmental Quality Air Quality Rules Readoption Stakeholder Meeting June 28, 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 5 Rules Update on 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 the 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* Stakeholder Meeting Target EMC Adoption 1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .2300 December 2, 2016 January 2018 Effective: 1/1/2018 02D .2203, 2/1/2018 2 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900 March 6, 2017 March/April 2018 Effective:4/1/2018 3 02D .1100, .1200, .1700**, 02Q .0700 June 5, 2017 Summer 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 5 Rules Monitoring, Reporting, and Recordkeeping Rules 15A NCAC 02D .0600, Monitoring: Recordkeeping: ReportingNC Risk Management Program Rules (CAA Section 112(r))15A NCAC 02D .2100, Risk Management ProgramNC Source Testing Rules15A NCAC 02D .2600, Source Testing06/28/2018 Stakeholder Meeting07/13/2018 Stakeholder Comments Due09/12/2018 Draft Rules to Air Quality Committee (AQC)6Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Monitoring, Reporting, Recordkeeping Rules - 15A NCAC 02D .0600 Rule Substantive Changes Procedural Changes15A NCAC 02D .0601N/AN/A(Format of references will be updated throughout rules.)15A NCAC 02D .0602N/AAdministrative and technical changes. 15A NCAC 02D .0604N/AAdministrative and technical changes. Clarification that exemption not applicable for poorly operated monitoring system and other rules may override general exemption for < than 30 days operation in 12 mos. period. 15A NCAC 02D .0605N/AClarify Director obligation regarding extension of record retention timeframe15A NCAC 02D .0606N/AAdministrative and technical changes. Updates to reflect current methods.15A NCAC 02D .0607N/AAdministrative and technical changes to remove obsolete language and update methods. 15A NCAC 02D .0608 N/A Administrative and technical changes. 7 Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Monitoring, Reporting, Recordkeeping Rules - 15A NCAC 02D .0600 Rule Substantive Changes Procedural Changes15A NCAC 02D .0610N/AAdministrative and technical changes.15A NCAC 02D .0611N/A Administrative and technical changes. 15A NCAC 02D .0612N/AAdministrative and technical changes. Updates to references to federal methods. Removal of obsolete language for consistency with other readopted rules. 15A NCAC 02D .0613N/AAdministrative and technical changes. Update to reflect option of method included in promulgated rule.15A NCAC 02D .0614N/AAdministrative and technical changes. Language clarification for consistency with federal language.15A NCAC 02D .0615N/ANA 8 Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Monitoring, Reporting, Recordkeeping Rules - 15A NCAC 02D .0600 Questions/Comments/Discussion? 9 Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Risk Management Program Rules - 15A NCAC 02D .2100 Rule Substantive Changes Procedural Changes15A NCAC 02D .2101N/AAdministrative and technical changes. Updates to rule references, to remove redundant language and outdated requirements and clarify language for consistency with federal requirements in 40 CFR Part 68.15A NCAC 02D .2102N/AN/A15A NCAC 02D .2103 N/AAdministrative update for consistency with federal rule language.15A NCAC 02D .2104 N/AAdministrative and technical changes. Update language for consistency with 40 CFR Part 68, updates to rule references and cross references.10Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Risk Management Program Rules - 15A NCAC 02D .2100 Questions/Comments/Discussion? 11 Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Source Testing Rules – 15 NCAC 02D .2600 Rule Substantive Changes Procedural Changes15A NCAC 02D .2601Specify 45-day in advance testing submittal of requests to use new/alternative test methods. Add a reference to QA/QC requirements for audit samples.Administrative and technical changes. Update format/list of exceptions. Update format of Rule citations.15A NCAC 02D .2602Seeking comment on Paragraph (f) requirement for submittal of test report within 30 days after sampling. Add a requirement to submit signed compliance statement with test report. Added information to be submitted for noncompliant test reports. Remove vague language regarding demonstrating deviation from specified method is appropriate.Administrative and technical changes. Rearrangement of paragraphs. Update format of Section and Rule citations.15A NCAC 02D .2603Specify additional information to be included in testing protocol. NA. 15A NCAC 02D .2604N/AAdministrative and technical changes. Updates to formatting. Replace term “breaching” with term “duct”.15A NCAC 02D .2605NA Administrative and technical changes. Update to formatting.15A NCAC 02D .2606NAUpdate to formatting.15A NCAC 02D .2607NANA12
H74 Group 5 Rules Preliminary UpdatesNC Source Testing Rules – 15 NCAC 02D .2600 Rule Substantive Changes Procedural Changes15A NCAC 02D .2608Clarification that tests must be done for each operating condition and be three consecutive tests.NA15A NCAC 02D .2609Add subparagraph for existing equation, revise format of equation and clarify associated definitions. Move portion of paragraph to new subparagraph. Add Method 202.Update format.15A NCAC 02D .2610Add clarification that Method 22 is based on time that emissions are visible.Update formatting.15A NCAC 02D .2611Update reference to ASTM method numbers and remove obsolete methods.Convert potions of paragraphs to subparagraphs. Reorganize paragraphs. 15A NCAC 02D .2612NAUpdate formatting.15A NCAC 02D .2613 NAUpdate references to ASTM methods. Update formatting.15A NCAC 02D .2614NAAdministrative and technical changes. Rearrange paragraphs. 13Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Source Testing Rules – 15 NCAC 02D .2600 Rule Substantive Changes Procedural Changes15A NCAC 02D .2615Clarification for consistency with federal language. Reorganization of paragraphs. Updated website reference.Update format of Rule citations.15A NCAC 02D .2616Clarified language. Update methods to include Methods 26 and 26A.Update formatting. 15A NCAC 02D .2617NA. Update formatting and language clarification.15A NCAC 02D .2618 Update list of available methods.Update format of list.15A NCAC 02D .2619NA Update of formatting and internet address.15A NCAC 02D .2620NAUpdate of formatting and language clarification.15A NCAC 02D .2621Revise title to describe calculation of emissions using F Factor. Include reference to .2601(e) specifying Director has 45 days to evaluate alternative methods.Administrative and technical changes.14 Department of Environmental Quality
H74 Group 5 Rules Preliminary UpdatesNC Source Testing Rules – 15 NCAC 02D .2600 Questions/Comments/Discussion? 15 Department of Environmental Quality
H74 Group 4 Rules Update 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 Meeting02/28/2108 Stakeholder Comments Due07/11/2018 Draft Rules to Air Quality Committee (AQC)16Department 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 Rules06/14/2018 RRC Review/Approval 07/01/2018 Effective Date 17
H74 Group 2 Rules Update 18 Department of Environmental Quality 15A NCAC 02Q - 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 03/15/2018 RRC Review/Approval 4/1/2018 Effective Date
H74 Group 1 Rules Update 19 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) 03/08/2017 Draft Rules to 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 02D .2203, which is state effective as of February 1, 2018)
Wrap Up 20 Department of Environmental Quality Next Group… H74 Group 6 Rules 15A NCAC 02D .0500, Emission Control Standards 15A NCAC 02D .0900, Volatile Organic Compounds 15A NCAC 02D .1400, Nitrogen Oxides Also: 02D .0403, Total Suspended Particulate Matter Stakeholder meeting tentatively scheduled for Fall 2018.
Wrap Up Final Questions/Feedback? 21 Department of Environmental Quality
How to Get Involved 22 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: firstname.lastname@example.org Type “Stakeholder Readoption Comment” in subject line. For H74 Group 5 rules, please submit comments by July 13, 2018.
Contact 23 Department of Environmental Quality Joelle Burleson Senior Regulatory Advisor Division of Air Quality, Planning Section North Carolina Department of Environmental Quality 919 707 8720 office email@example.com
24 Department of Environmental Quality