(1)	dates for achieving the activities, milestones, or compliance required in the compliance schedule and dates when these activities, milestones, or compliance were achieved; and
(2)	an explanation of why any dates in the compliance schedule were not or may not be met and any preventive or corrective measures adopted.
(n)  The permit shall contain requirements for compliance certification with the terms and conditions in the permit that are enforceable by EPA pursuant to Title V of the federal Clean Air Act, including emissions limitations, standards, and work practices. The permit shall specify:
(1)	the frequency, annually or more frequently as specified in the applicable requirements, of submissions of compliance certifications;
(2)	a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices;
(3)	a requirement that the compliance certification include:
(A)	the identification of each term or condition of the permit that is the basis of the certification;
(B)	the status of compliance with the terms and conditions of the permit for the period covered by the certification, based on the methods or means designated in 40 CFR 70.6(c)(5)(iii)(B). The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance was required and in which an excursion or exceedance as defined in 40 CFR 64 occurred;
(C)	whether compliance was continuous or intermittent;
(D)	the identification of the methods or other means used by the owner and operator for determining the compliance status with each term and condition during the certification period; these methods shall include the methods and means required in 40 CFR Part 70.6(a)(3).The owner or operator also shall identify any other material information that shall be included in the certification to comply with Section 113(c)(2) of the federal Clean Air Act, which prohibits knowingly making a false certification or omitting material information; and
(E)	other facts as the Director may require to determine the compliance status of the source; and
(4)	that all compliance certifications be submitted to EPA as well as to the Division.

History Note:	Authority G.S. 143-215.3(a)(1),(2); 143-215.65; 143-215.66; 143-215.107(a)(10); 143-215.108;
Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule is effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1996;
Temporary Amendment Eff. December 1, 1999;
Amended Eff. August 1, 2008; June 1, 2008; January 1, 2007; December 1, 2005; April 1, 2001; July 1, 2000;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2023; September 1, 2022.

15A NCAC 02Q .0509	PERMITTING OF NUMEROUS SIMILAR FACILITIES
(a)  The Director shall not issue a single permit to cover numerous similar facilities or sources unless a notice and opportunity for public participation has been provided as required by 15A NCAC 02Q .0521.
(b)  The Director shall not issue a single permit for numerous similar facilities and sources pursuant to this Rule unless:
(1)	there is no difference between the facilities or sources that would require special permit conditions for any individual facility or source; and
(2)	no unique analysis is required for any facility or source covered by the permit.
(c)  A permit issued pursuant to this Rule shall comply with all the requirements of this Section.
(d)  A permit issued pursuant to this Rule shall identify criteria by which facilities or sources may qualify for the permit. To facilities or sources that qualify, the Director shall grant the terms and conditions of the permit.
(e)  The facility or source shall be subject to enforcement action for operating without a permit if the facility or source is later determined not to qualify for the terms and conditions of the permit issued pursuant to this Rule.
(f)  Sources subject to Title IV shall not be eligible for a permit issued pursuant to this Rule.
(g)  The owner or operator of a facility or source that qualifies for a permit issued pursuant to this Rule shall apply for coverage by the terms of the permit issued pursuant to this Rule or shall apply for a standard permit for each facility or source pursuant to this Section.
(h)  The Division need not repeat the public participation procedures pursuant to 15A NCAC 02Q .0521 if it grants a request by a permit applicant to operate by a permit issued pursuant to this Rule, but such a grant shall not be a final permit action for purposes of judicial review.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0510	PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES
(a)  The Director may, issue a single permit authorizing emissions from similar operations by the same facility owner or operator at multiple temporary sites, based on factors such as those set forth in this Rule.
(b)  No facility shall qualify for a permit for multiple temporary sites pursuant to this Rule unless the operation involves at least one change of site during the term of the permit.
(c)  Sources subject to Title IV shall not be eligible for a permit pursuant to this Section.
(d)  Permits for facilities at multiple temporary sites shall include:
(1)	identification of each site;
(2)	conditions that will assure compliance with all applicable requirements at all authorized locations;
(3)	requirements that the permittee notify the Division at least 10 days in advance of each change of location; and
(4)	conditions that assure compliance with all other provisions of this Section.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0512	PERMIT SHIELD AND APPLICATION SHIELD
(a)  Permit Shield:
(1)	The Director shall place in a permit issued pursuant to this Section a permit term or condition (a permit shield) stating that compliance with the conditions of the permit shall be deemed compliance with applicable requirements specifically identified in the permit in effect as of the date of permit issuance, provided that:
(A)	such applicable requirements are included and are specifically identified in the permit; or
(B)	the Director, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source and the permit includes that determination or a concise summary thereof.
(2)	A permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
(3)	A permit shield shall state that it does not alter or affect:
(A)	the power of the Commission, Secretary of the Department, or Governor under G.S. 143-215.3(a)(12) or EPA under Section 303 of the federal Clean Air Act;
(B)	the liability of an owner or operator of a facility for any violation of applicable requirements prior to the effective date of the permit or at the time of permit issuance;
(C)	the applicable requirements under Title IV; or
(D)	the ability of the Director (or EPA pursuant to Section 114 of the federal Clean Air Act) to obtain information to determine compliance of the facility with its permit, this Section, or Subchapter 02D of this Chapter.
(4)	A permit shield shall not apply to any change made at a facility that does not require a permit revision.
(5)	A permit shield shall not extend to minor permit modifications made pursuant to 15A NCAC 02Q .0515.
(b)  Application Shield.
(1)	Except as provided in Subparagraph (b)(2) of this Rule, if the applicant submits a timely and complete application for permit issuance (including for renewal), the facility's failure to have a permit pursuant to this Section shall not be a violation:
(A)	unless the delay in final action is due to the failure of the applicant to timely submit information as required or requested by the Director, or
(B)	until the Director takes final action on the permit application.
(2)	Subparagraph (b)(1) of this Rule shall cease to apply if, subsequent to the completeness determination made pursuant to 15A NCAC 02Q .0507, the applicant fails to submit by the deadline specified in writing by the Director, any additional information identified as being needed to process the application.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1997;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0513	PERMIT RENEWAL AND EXPIRATION
(a)  Permits being renewed shall be subject to the procedural requirements of this Section, including those for public participation and affected state and EPA review.
(b)  Permit expiration shall terminate the facility's right to operate unless a complete renewal application has been submitted at least six months before the date of permit expiration.
(c)  If the permittee or applicant has complied with 15A NCAC 02Q .0512(b)(1), the existing permit shall not expire until the renewal permit has been issued or denied. All terms and conditions of the existing permit shall remain in effect until the renewal permit has been issued or denied.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0514	ADMINISTRATIVE PERMIT AMENDMENTS
(a)  An "administrative permit amendment" means a permit revision that:
(1)	corrects typographical errors;
(2)	identifies a change in the name, address, or telephone number of any individual identified in the permit or provides a similar minor administrative change at the facility;
(3)	requires more frequent monitoring or reporting by the permittee;
(4)	changes test dates or construction dates provided that no applicable requirements are violated by the change in test dates or construction dates;
(5)	removes designation of State-enforceable only from terms and conditions provided that the terms and conditions have become federally enforceable through Section 110, 111, or 112 or other parts of the federal Clean Air Act;
(6)	changes the permit number without changing any portion of the permit that would not otherwise qualify as an administrative amendment; or
(7)	removes references and non-applicable permit requirements for equipment that has been permanently removed from service.
(b)  In making administrative permit amendments, the Director:
(1)	shall take final action on a request for an administrative permit amendment within 60 days after receiving such request;
(2)	may make administrative amendments without providing notice to the public or any affected states pursuant to 15A NCAC 02Q .0521(a), provided he or she designates any such permit revision as having been made pursuant to this Rule; and
(3)	shall submit a copy of the revised permit to EPA.
(c)  The permittee may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
(d)  Administrative amendments for sources covered pursuant to Title IV shall be governed by rules in 15A NCAC 02Q .0400.
(e)  This Rule shall not apply to the State-enforceable only part of a Title V permit. For the State-enforceable only part of a Title V permit, 15A NCAC 02Q .0316 shall govern administrative permit amendments.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2007; July 1, 1997;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0515	MINOR PERMIT MODIFICATIONS
(a)  The procedures set out in this Rule shall apply to permit modifications if the modifications:
(1)	do not violate any applicable requirement;
(2)	do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
(3)	do not require or change a case-by-case determination of an emission limitation or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
(4)	do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject. Such terms and conditions include:
(A)	a federally enforceable emissions cap assumed to avoid an applicable requirement pursuant to any provision of Title I of the federal Clean Air Act; or
(B)	an alternative emissions limit approved as part of an early reduction plan submitted pursuant to Section 112(i)(5) of the federal Clean Air Act;
(5)	are not modifications pursuant to any provision of Title I of the federal Clean Air Act; and
(6)	are not required to be processed as a significant modification pursuant to 15A NCAC 02Q .0516.
(b)  In addition to the items required pursuant to 15A NCAC 02Q .0505, an application requesting the use of the procedures set out in this Rule shall include:
(1)	an application form including:
(A)	a description of the change;
(B)	the emissions resulting from the change; and
(C)	identification of any new applicable requirements that will apply if the change occurs;
(2)	a list of the facility's other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the thresholds set out in Subparagraphs (c)(1) through (3) of this Rule;
(3)	the applicant's suggested draft permit;
(4)	certification by a responsible official that the proposed modification meets the criteria for using the procedures set out in this Rule and a request that these procedures be used; and
(5)	complete information for the Director to use to notify EPA and affected states.
(c)  The Director shall use group processing for minor permit modifications processed pursuant to this Rule. The Director shall notify EPA and affected states of the requested permit revisions pursuant to this Rule and shall provide the information specified in 15A NCAC 02Q .0522 on a quarterly basis. If the aggregated emissions from all pending minor permit modifications equal or exceed:
(1)	10 percent of the emissions allowed for the source for which the change is requested;
(2)	20 percent of the applicable definition of major facility; or
(3)	five tons per year,
then the Director shall notify EPA and affected states within five business days of the requested permit revision pursuant to this Rule and provide the information specified in 15A NCAC 02Q .0522.
(d)  Within 90 days after receiving a complete application that exceeds the thresholds in Subparagraphs (c)(1), (2), or (3) of this Rule or 15 days after the end of EPA's 45-day review period, whichever is later, the Director shall:
(1)	issue the permit modification as proposed;
(2)	deny the permit modification application;
(3)	determine that the requested modification does not qualify for the procedures set out in this Rule and should be processed pursuant to 15A NCAC 02Q .0516; or
(4)	revise the draft permit modification and transmit the proposed permit to EPA.
(e)  If the thresholds in Subparagraphs (c)(1), (2), and (3) of this Rule are not exceeded, the Director shall, within 180 days after receiving a completed application for a permit modification or 15 days after the end of EPA's 45-day review period, whichever is later:
(1)	issue the permit modification as proposed;
(2)	deny the permit modification application;
(3)	determine that the requested modification does not qualify for the procedures set out in this Rule and should be processed pursuant to 15A NCAC 02Q .0516; or
(4)	revise the draft permit modification and transmit the proposed permit to EPA.
(f)  The permit applicant may make the change proposed in his minor permit modification application immediately after filing the completed application with the Division. After the applicant makes the change, the facility shall comply with both the applicable requirements governing the change and the proposed permit terms and conditions until the Director takes one of the final actions specified in Paragraph (d) of this Rule. Between the filing of the permit modification application and the Director's final action, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the Director may enforce the terms and conditions of the existing permit that the applicant seeks to modify, as necessary to ensure protection of air quality.
(g)  The permit shield allowed pursuant to 15A NCAC 02Q .0512 shall not extend to minor permit modifications.
(h)  If the State-enforceable only portion of the permit is revised, the procedures in 15A NCAC 02Q. 0300 shall be followed.
(i)  The proceedings shall affect only those parts of the permit related to the modification.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1997;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0516	SIGNIFICANT PERMIT MODIFICATION
(a)  The procedures set out in this Rule shall apply to applications requesting permit modifications pursuant to this Rule or permit modifications that are not governed by 15A NCAC 02Q .0514, .0515, .0523, or .0524.
(b)  An application for a significant permit modification that would contravene or conflict with an existing permit shall be processed following the procedure set out in 15A NCAC 02Q .0501(c).
(c)  An application for a significant permit modification that does not contravene or conflict with an existing permit shall be processed following the procedure set out in 15A NCAC 02Q .0501(b).
(d)  This Rule shall not preclude the permittee from making changes consistent with this Section that would render existing permit compliance terms and conditions irrelevant.
(e)  Except for the State-enforceable only portion of the permit, the procedures set out in 15A NCAC 02Q .0507, .0521, or .0522 shall be followed to revise a permit pursuant to this Rule. If the State-enforceable only portion of the permit is revised, the procedures in 15A NCAC 02Q .0300 shall be followed. The proceedings shall affect only those parts of the permit related to the significant modification.
(f)  Significant permit modifications shall be covered by the permit shield in accordance with 15A NCAC 02Q .0512.
(g)  Significant permit modifications shall be processed in accordance with 15A NCAC 02Q .0525.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0517	REOPENING FOR CAUSE
(a)  A permit shall be reopened and revised under the following circumstances:
(1)	additional applicable requirements become applicable to a facility with a remaining permit term of three or more years;
(2)	additional requirements (including excess emissions requirements) become applicable to a source covered by Title IV (upon approval by EPA, excess emissions offset plans shall be deemed to be incorporated into the permit);
(3)	the Director or EPA finds that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or
(4)	the Director or EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements.
(b)  Any permit reopening pursuant to Subparagraph (a)(1) of this Rule shall be completed or a revised permit issued within 18 months after the applicable requirement is promulgated. No reopening is required if the effective date of the requirement is after the expiration of the permit term unless the term of the permit was extended pursuant to 15A NCAC 02Q .0513(c).
(c)  Except for the State-enforceable only portion of the permit, the procedures set out in 15A NCAC 02Q .0507, .0521 or .0522 shall be followed to reissue a permit that has been reopened pursuant to this Rule. If the State-enforceable only portion of the permit is reopened, the procedures in 15A NCAC 02Q .0300 shall be followed. The proceedings shall affect only those parts of the permit for which cause to reopen exists.
(d)  The Director shall notify the permittee at least 60 days in advance of the date that the permit is to be reopened, except in cases of imminent threat to public health or safety the Director may notify the permittee less than 60 days before reopening the permit. The notice shall explain why the permit is being reopened.
(e)  Within 90 days, or 180 days if EPA extends the response period, after receiving notification from EPA that it finds that a permit should be terminated, modified, or revoked and reissued, the Director shall send to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. July 1, 1997;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0518	FINAL ACTION
(a)  The Director shall:
(1)	issue a permit, permit revision, or renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act;
(2)	rescind a permit upon request by the permittee; or
(3)	deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act.
(b)  The Director shall not issue a final permit or permit revision, except administrative permit amendments pursuant to 15A NCAC 02Q .0514 and .0524, until 15 days after the end of EPA's 45-day review period or until EPA has notified the Director that EPA will not object to issuance of the permit or permit revision, whichever occurs first.
(c)  If EPA objects to a proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of EPA's objection. The Director shall not issue a permit pursuant to this Section over EPA's objection.
(d)  If EPA does not object in writing to the issuance of a permit, any person may petition EPA to make such objections by following the procedures and meeting the requirements of 40 CFR 70.8(d).
(e)  No permit shall be issued, revised, or renewed pursuant to this Section unless all the procedures set out in this Section have been followed and all the requirements of this Section have been met. The Director shall not issue any permit, permit revision, or permit renewal pursuant to this Section by default.
(f)  Notwithstanding the application processing schedules set forth in 15A NCAC 02Q .0514, .0515, and .0524, the Division shall take final action on each permit application, including a request for permit modification or renewal, within 18 months of receipt of a complete application.
(g)  Thirty days after issuing a permit, including a permit issued pursuant to 15A NCAC 02Q .0509, that is not challenged by the applicant, the Director shall notice the issuance of the final permit. The notice shall be issued on the North Carolina Division of Air Quality web site at http://deq.nc.gov/about/divisions/air-quality. The notice shall include the name and address of the facility and the permit number.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2010; February 1, 1995;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0519	TERMINATION, MODIFICATION, REVOCATION OF PERMITS
(a)  The Director may terminate, modify, or revoke and reissue a permit issued pursuant to this Section if:
(1)	the information contained in the application or presented in support thereof is determined to be incorrect;
(2)	the conditions by which the permit or permit renewal was granted have changed;
(3)	permit conditions have been violated;
(4)	the permit holder fails to pay fees required pursuant to 15A NCAC 02Q .0200 within 30 days after being billed;
(5)	the permittee refuses to allow the Director or his authorized representative, upon presentation of credentials:
(A)	to enter the permittee's premises in which a source of emissions is located or in which any records are required to be kept by the terms and conditions of the permit;
(B)	to have access to any copy or records required to be kept by the terms and conditions of the permit;
(C)	to inspect any source of emissions, control equipment, and any monitoring equipment or method required in the permit; or
(D)	to sample any emission source at the facility;
(6)	the EPA requests that the permit be revoked pursuant to 40 CFR 70.7(g) or 70.8(d); or
(7)	the Director finds that termination, modification or revocation and reissuance of a permit is necessary to carry out the purpose of G.S. 143, Article 21B.
(b)  To operate a facility or source after its permit has been revoked shall be a violation of this Section.

History Note:	Authority G.S. 143-215.3(a)(1),(1a),(1b); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0520	CERTIFICATION BY RESPONSIBLE OFFICIAL
(a)  A responsible official shall certify the truth, accuracy, and completeness of any application form, report, or compliance certification required by this Section or by a term or condition in a permit issued pursuant to this Section.
(b)  This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

History Note:	Authority G.S. 143-215.3(a)(1),(2); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0521	PUBLIC PARTICIPATION
(a)  The Director shall give public notice with an opportunity for comments and a hearing on all draft permits and permit revisions except permit revisions issued pursuant to 15A NCAC 02Q .0514, .0515, and .0524. The Director shall give public notice with an opportunity for comments and a hearing on draft permit revisions issued pursuant to 15A NCAC 02Q .0514, .0515, and .0524 for any source that may be designated by the Director based on public interest relevant to air quality.
(b)  Notice of any draft permit for an existing facility for which a public hearing is scheduled or for a new facility shall be given by publication in a newspaper of general circulation in the area where the facility is located, posted on the North Carolina Division of Air Quality web site at http://deq.nc.gov/about/divisions/air-quality for the duration of the public comment period, and emailed to persons who are on the Division's emailing list for air quality permits.
(c)  Notice for existing facilities for which a public hearing is not scheduled shall be given by posting the draft permit on the North Carolina Division of Air Quality web site at http://deq.nc.gov/about/divisions/air-quality for the duration of the public comment period and shall be emailed to persons who are on the Division's emailing list for air quality permit notices.
(d)  The notice shall identify:
(1)	the affected facility;
(2)	the name and address of the permittee;
(3)	the name and address of the person to whom to send comments and requests for public hearing;
(4)	the name, address, and telephone number of Divisional staff from whom interested persons may obtain additional information, including copies of the permit draft, the application, compliance plan, monitoring and compliance reports, all other relevant supporting materials, and all other materials available to Division that are relevant to the permit decision;
(5)	the activity or activities involved in the permitted action;
(6)	any emissions change involved in any permit modification;
(7)	a brief description of the comment procedures;
(8)	the procedures to follow to request a hearing unless a hearing has already been scheduled; and
(9)	the time and place of all hearing that have already been scheduled.
(e)  The Director shall send a copy of the notice to affected states and EPA.
(f)  The notice shall allow 30 days for public comments.
(g)  Notice of any public hearing shall be given at least 30 days before the hearing.
(h)  The Division shall keep a record of the public participation process, including the following:
(1)	the names of all commenters;
(2)	the issues raised during the public participation process; and
(3)	all written comments submitted during the public participation process.
If EPA requests a record of the comments and of the issues raised during the public participation process, the Director shall provide EPA this record.
(i)  The Division shall respond in writing to comments raised during the public participation process, including any written comments submitted during the public comment period and any comments raised during any public hearing on the permit. The response to comments shall be included in the statement of basis and any Hearing Officer's report.
(j)  Persons who desire to be placed on the Division's email notification list for air quality permit notices shall subscribe to the permits email list serve at http://deq.nc.gov/about/divisions/air-quality.

History Note:	Authority G.S. 143-215.3(a)(1),(3); 143-215.107(a)(10); 143-215.108; 143-215.111(4);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. January 1, 2010; July 1, 1998;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0522	REVIEW BY EPA AND AFFECTED STATES
(a)  The Director shall provide EPA with a copy of each permit application, including any application for permit revision, the statement of basis required under Paragraph (b) of this Rule, each proposed permit, and each final permit issued pursuant to this Section. If EPA has informed the Director that a permit application summary and relevant portion of the permit application and compliance plan are sufficient, the Director may provide these documents instead of the complete application.
(b)  The Division shall provide a statement that sets forth the legal and factual basis for the draft permit conditions, including references for the applicable statutory or regulatory provisions. The Division shall provide this statement to EPA and any other person who requests it.
(c)  If comments are received during the public participation process, the written responses shall be provided to EPA through submittal of a statement of basis, required pursuant to 15A NCAC 02Q .0521, with an explanation of how those public comments and the Division's responses are available to the public.
(d)  The Division shall retain for five years a copy of all permit applications, permits, and other related material submitted to or issued by the Division pursuant to this Section.
(e)  The Director shall provide notice to each affected state of each draft permit at or before the time notice is provided to the public pursuant to 15A NCAC 02Q .0521.
(f)  The Director, in writing, shall notify EPA and any affected state of any refusal by the Division to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period and shall state the reasons for not accepting any such recommendations.
(g)  The information specified in Paragraphs (a) through (c) of this Rule shall be provided to EPA in a computer-readable format compatible with EPA's national database management system.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 143-215.111(5);
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0523	CHANGES NOT REQUIRING PERMIT REVISIONS
(a)  Section 502(b)(10) changes:
(1)	A permittee may make Section 502(b)(10) changes without having his or her permit revised if:
(A)	the changes are not a modification pursuant to 15A NCAC 02D or Title I of the federal Clean Air Act;
(B)	the changes do not cause the emissions allowed in the permit to be exceeded;
(C)	the permittee notifies the Director and EPA in writing at least seven days before the change is made; and
(D)	the permittee attaches the notice to the relevant permit.
(2)	The written notification required by Part (a)(1)(C) of this Rule shall include:
(A)	a description of the change;
(B)	the date on which the change will occur;
(C)	all changes in emissions; and
(D)	all permit term or conditions that are no longer applicable as a result of the change.
(3)	Section 502(b)(10) changes shall be made in the permit the next time that the permit is revised or renewed, whichever comes first.
(b)  Off-permit changes. A permittee may make changes in his or her operation or emissions without revising his or her permit if:
(1)	the change affects only insignificant activities and the activities remain insignificant after the change;
(2)	the change is not covered by any applicable requirement; and
(3)	the changes are consistent with this Section and would not render existing permit compliance terms and conditions irrelevant.
(c)  Emissions trading.
(1)	To the extent that emissions trading is allowed pursuant to 15A NCAC 02D, including subsequently adopted maximum achievable control technology standards, emissions trading shall be allowed without permit revisions provided that:
(A)	all applicable requirements are met;
(B)	the permittee complies with all terms and conditions of the permit in making the emissions trade; and
(C)	the permittee notifies the Director and EPA in writing at least seven days before the trade is made.
(2)	If an emissions cap has been established by a permit condition for the purposes of limiting emissions below that allowed by an otherwise applicable requirement, emissions trading shall be allowed to the extent allowed by the permit if:
(A)	an emissions cap is established in the permit to limit emissions;
(B)	the permit specifies the emissions limits with which each source shall comply with any applicable requirement;
(C)	the permittee complies with all permit terms that ensure the emissions trades are enforceable, accountable, and quantifiable;
(D)	the permittee complies with all applicable requirements;
(E)	the permittee complies with the emissions trading procedures in the permit; and
(F)	the permittee notifies the Director and EPA in writing at least seven days before the trade is made.
(3)	The written notification required in Subparagraph (1) of this Paragraph shall include:
(A)	a description of the change;
(B)	the date on when the change will occur;
(C)	the change in emissions;
(D)	the permit requirement with which the facility or source will comply using the emissions trading provision of the applicable provision of 15A NCAC 02D; and
(E)	the pollutants emitted subject to the emissions trade.
(4)	The written notification required in Subparagraph (2) of this Paragraph shall include:
(A)	a description of the change;
(B)	the date on when the change will occur;
(C)	the changes in emissions that will result and how the increases and decrease in emissions will comply with the terms and conditions of the permit.
(d)  The permit shield allowed pursuant to 15A NCAC 02Q .0512 shall not apply to changes made pursuant to Paragraphs (a), (b), or (c) of this Rule.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Amended Eff. June 1, 2008; December 1, 2005;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0524	OWNERSHIP CHANGE
(a)  Applications for ownership changes shall:
(1)	contain the information required by 15A NCAC 02Q .0505(4); and
(2)	follow the procedures set forth in 15A NCAC 02Q .0300.
(b)  If the Director permits an ownership change, he or she shall submit a copy of the permit to EPA as an administrative amendment.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;
Eff. July 1, 1994;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0525	APPLICATION PROCESSING SCHEDULE
The Division shall adhere to the following schedule in processing permit applications:
(1)	The Division shall send written acknowledgment of receipt of an application to the applicant within 10 days of receipt of the application.
(2)	The Division shall review all permit applications within 60 days of receipt of the application to determine whether the application is complete or incomplete. A completeness determination shall not be necessary for minor modifications pursuant to 15A NCAC 02Q .0515. The Division shall notify the applicant by letter:
(a)	stating that the application as submitted is complete and specifying the completeness date;
(b)	stating that the application is incomplete, requesting additional information necessary to conduct the technical review of the application, and specifying the date by which the requested information is required to be received by the Division; or
(c)	stating that the application is incomplete and requesting that the applicant rewrite and resubmit the application.
            If the Division does not notify the applicant by letter dated within 60 days of receipt of the application that the application is incomplete, the application shall be deemed complete. A completeness determination shall not prevent the Director from requesting additional information at a later date if such information is necessary to properly evaluate the source, its air pollution abatement equipment, or the facility. If the applicant has not provided the requested additional information by the date specified in the letter requesting additional information, the Director shall cease processing the application until additional information is provided. The applicant may request a time extension for submittal of the requested additional information.
(3)	The Division shall complete the technical review of significant modifications received pursuant to 15A NCAC 02Q .0516 in accordance with 40 CFR 70.7(e)(4)(ii).
(4)	The Division shall provide for public participation in accordance with 15A NCAC 02Q .0521. If a public hearing is requested and approved by the Director for a draft permit, it shall be held within 45 days of the Director's decision to hold a public hearing.
(5)	The Director shall complete the review of the record and send the proposed permit to EPA and affected states in accordance with 15A NCAC 02Q .0522.
(6)	Final permit action shall be taken in accordance with 15A NCAC 02Q .0518.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Eff. February 1, 1995;
Amended Eff. July 1, 1998;
Readopted Eff. April 1, 2018;
Amended Eff. September 1, 2022.

15A NCAC 02Q .0526	112(j) CASE-BY-CASE MACT PROCEDURES
(a)  An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1109 shall follow the permit procedures set out in this Rule.
(b)  For the purposes of this Rule, the definitions in 15A NCAC 02D .1109, 40 CFR 63.51, 40 CFR 63.2, and the following definitions apply:
(1)	"Equivalent emission limitation" means an emission limitation, established pursuant to Section 112(j) of the federal Clean Air Act, that is equivalent to the MACT standard that EPA would have promulgated pursuant to Section 112(d) or (h) of the federal Clean Air Act.
(2)	"Source category schedule for standards" means the schedule for promulgating MACT standards issued pursuant to Section 112(e) of the federal Clean Air Act.
(3)	"Title V permit" means a permit issued pursuant to this Section.
(c)  Except as provided for in Paragraph (d) or (e) of this Rule, the owner or operator of a source required to apply MACT pursuant to 15A NCAC 02D .1109 shall submit an application for a permit or for a significant permit revision, as applicable pursuant to this Section.
(d)  Approval process for new and existing affected sources that are subject to Section 112(j) as of the Section 112(j) deadline. The requirements of Subparagraphs (d)(1) and (2) of this Paragraph shall apply to major sources that include, as of the Section 112(j) deadline, one or more sources in a category or subcategory for which the EPA has failed to promulgate an emission standard pursuant to 40 CFR Part 63 on or before an applicable Section 112(j) deadline. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued to the facility pursuant to the requirements of 40 CFR Part 63, Subpart B, shall apply to such sources.
(1)	The owner or operator shall submit an application for a permit or for a revision to an existing Title V permit issued or a pending Title V permit that meets the requirements of Subparagraph (m)(1) of this Rule by the Section 112(j) deadline if the owner or operator can reasonably determine that one or more sources at the facility belong in a category or subcategory subject to Section 112(j) of the federal Clean Air Act.
(2)	The owner or operator of a source that does not submit an application pursuant to Subparagraph (d)(1) of this Rule and is notified in writing by the Division that one or more sources at the facility belong to a category or subcategory subject to Section 112(j) of the federal Clean Air Act shall submit an application for a Title V permit or for a revision to an existing Title V permit that meets the requirements of Paragraph (m)(1) of this Rule within 30 days after being notified in writing by the Division. The Division shall not be required to make this notification.
(3)	The requirements in Parts (A) and (B) of this Subparagraph shall apply if the owner or operator has obtained a Title V permit that incorporates a Section 112(g) case-by-case MACT determination by the Division pursuant to 15A NCAC 02D .1112, but has not submitted an application for a Title V permit revision that addresses the emission limitation requirements of Section 112(j) of the federal Clean Air Act.
(A)	If the owner or operator has a Title V permit that incorporates a Section 112(g) case-by-case MACT determination pursuant to 15A NCAC 02D .1112, the owner or operator shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule for a Title V permit revision within 30 days of the Section 112(j) deadline or within 30 days of being notified in writing by the Division that one or more sources at the major facility belong in such category or subcategory. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emission limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing limitations in the permit to effectuate Section 112(j) of the federal Clean Air Act. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(B)	If the owner or operator has submitted a Title V permit application that incorporates a Section 112(g) case-by-case MACT determination by the Division pursuant to 15A NCAC 02D .1112, but has not received the permit incorporating the Section 112(g) requirements, the owner or operator shall continue to apply for a Title V permit that addresses the requirements of Section 112(g) of the federal Clean Air Act. The owner or operator shall submit a permit application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days of issuance of that Title V permit. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines that the previously adopted 112(g) emission limitations are substantially as effective, then the Director shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(e)  Sources that become subject to Section 112(j) of the federal Clean Air Act after the Section 112(j) deadline and that do not have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph shall apply to sources that do not meet the criteria in Paragraph (d) of this Rule on the Section 112(j) deadline and are not subject to Section 112(j) of the federal Clean Air Act on that date, but subsequent to the Section 112 (j) deadline the source becomes subject to the requirements of this Rule and the source does not have a Title V permit that addresses the requirements of Section 112(j) of the federal Clean Air Act.
(1)	If one or more sources in a category or subcategory subject to the requirements of this Rule are installed at a major source or result in the source becoming a major source due to the installation, and the installation does not invoke Section 112(g) requirements in 15A NCAC 02D .1112, the owner or operator shall submit an application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days of startup of the source. Existing source MACT requirements (including relevant compliance deadlines), as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the MACT requirements of this Rule shall be satisfied upon issuance of a revised Title V permit incorporating any additional Section 112(j) requirements.
(2)	If one or more sources in a category or subcategory subject to 112(j) requirements are installed at a major source or result in the source becoming a major source due to the installation, and the installation requires 112(g) emission limitations to be established and permitted pursuant to 15A NCAC 02Q .0528 and the owner or operator has not submitted an application for a Title V permit revision that addresses the emission limitation requirements of Section 112(j) of the federal Clean Air Act, the owner or operator shall apply for and obtain a Title V permit that addresses the emission limitation requirements of Section 112(g) of the federal Clean Air Act. Within 30 days of issuance of that Title V permit, the owner or operator shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule for a revision to the existing Title V permit. The Division shall determine whether the emissions limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question. If the Division determines the previously adopted 112(g) emission limitations are substantially as effective, then the Division shall retain the existing emission limitations to effectuate Section 112(j) of the federal Clean Air Act and revise the permit accordingly. If the Division does not retain the previously adopted 112(g) emission limitations, the permit shall be revised to incorporate any additional Section 112(j) requirements.
(3)	The owner or operator of an area source that, due to a relaxation in any federally enforceable emission limitation, such as a restriction on hours of operation, increases its potential to emit hazardous air pollutants such that the source becomes a major source that is subject to this Rule, shall submit an application meeting the requirements of Paragraph (m)(1) of this Rule within 30 days after the date that such source becomes a major source. The Director shall use the procedures in Paragraph (n) of this Rule in reviewing the application. The existing source MACT requirements, including relevant compliance deadlines, shall apply to such sources.
(4)	If EPA establishes a lesser quantity emission rate pursuant to Section 112(a)(1) of the Federal Clean Air Act that results in an area source becoming a major source that is subject to this Rule, then the owner or operator of such a major source shall submit an application that meets the requirements of Paragraph (m)(1) of this Rule on or before the date six months after the date that such source becomes a major source. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources.
(f)  Sources that have a Title V permit addressing Section 112(j) requirements. The requirements of this Paragraph apply to major sources that include one or more sources in a category or subcategory for which EPA fails to promulgate an emission standard on or before the Section 112(j) deadline, the owner or operator has a permit meeting the Section 112(j) requirements, and if changes occur at the major source to equipment, activities, or both subsequent to the Section 112(j) deadline.
(1)	If the Title V permit already provides the requirements that address the events described in this Paragraph subsequent to the Section 112(j) deadline, then the source shall comply with the applicable new source MACT or existing source MACT requirements as specified in the permit, and the Section 112(j) requirements shall be deemed satisfied.
(2)	If the Title V permit does not contain the requirements that address the events described in this Paragraph subsequent to the Section 112(j) deadline, then the owner operator shall submit an application for a revision of the existing Title V permit that meets the requirements of Paragraph (m)(1) of this Rule within 30 days of beginning construction. Existing source MACT requirements, including relevant compliance deadlines, as specified in a Title V permit issued pursuant to the requirements of this Rule, shall apply to such sources.
(g)  Requests for applicability determination. An owner or operator who is unsure of whether one or more sources at a major source belong in a category or subcategory for which EPA has failed to promulgate an emission standard pursuant to 40 CFR Part 63 may, on or before an applicable Section 112(j) deadline, request an applicability determination from the Division by submitting an application that meets the requirements of Paragraph (m)(1) of this Rule by the applicable deadlines specified in Paragraphs (d), (e), or (f) of this Rule.
(h)  An owner or operator who submits a Part 1 MACT application that meets the requirements of Paragraph (m)(1) of this Rule shall submit a Part 2 MACT application that meets the requirements of Paragraph (m)(2) of this Rule no later than the applicable date specified in 40 CFR 63 Subpart B Table 1. The submission date specified in 40 CFR 63 Subpart B Table 1 for Miscellaneous Organic Chemical Manufacturing shall apply to sources in each of the source categories listed in 40 CFR 63 Subpart B Table 2. If an owner or operator is required by 15A NCAC 02D .1109 and this Rule to submit an application meeting the requirements of Paragraph (m)(1) of this Rule by a date that is after the date for a Part 2 MACT application for sources in the category or subcategory in question established by 40 CFR 63 Subpart B Table 1, the owner or operator shall submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this Rule within 60 additional days after the applicable deadline for submission of the Part 1 MACT application. The Part 2 applications shall be reviewed by the Division according to the procedures established in 40 CFR 63.55.
(1)	Any owner or operator who submitted a request for an applicability determination on or before May 15, 2002, that remained pending as of May 30, 2003, and who still wishes to obtain such a determination shall resubmit that request by the date that is 60 days after the Administrator publishes in the Federal Register a proposed standard pursuant to Section 112(d) or 112(h) of the Clean Air Act for the category or subcategory in question. Such a resubmitted request shall be supplemented to discuss the relation between the sources in question and the applicability provision in the proposed standard for the category or subcategory in question, and to explain why there may still be uncertainties that require a determination of applicability. The Director shall take action on each supplemented and resubmitted request within an additional 60 days after the applicable deadline for the resubmitted request. If more than three years remain on the current Title V permit, the owner or operator shall submit an application for a Title V permit revision to make any conforming changes in the permit required to adopt the existing emission limitations as the Section 112(j) MACT emission limitations. If less than three years remain on the current Title V permit, any required conforming changes shall be made when the permit is renewed. If the applicability determination is positive, the owner or operator shall submit a Part 2 MACT application meeting the requirements of Paragraph (m)(2) of this Rule by the date specified for the category or subcategory in question in 40 CFR 63 Subpart B Table 1. If the applicability determination is negative, no further action by the owner or operator shall be necessary.
(2)	An owner or operator who has submitted an application that meets the requirements of Paragraph (m)(1) of this Rule may request a determination of whether emission limitations adopted pursuant to a prior case-by-case MACT determination pursuant to Section 112(g) that apply to one or more sources in a relevant category or subcategory are substantially as effective as the emission limitations that the Division would otherwise adopt pursuant to this Rule for the source in question. Such a request must be submitted by the date for the category or subcategory in question specified in 40 CFR 63 Subpart B Table 1. Each request for a determination pursuant to this Paragraph shall be construed as a complete application for an equivalent emission limitation pursuant to this Rule. If the Director determines that the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations the Director would otherwise adopt pursuant to this Rule, then the Director shall adopt the existing emission limitations in the permit as the emission limitations to effectuate Section 112(j) for the source in question. If the Director determines that the emission limitations in the prior case-by-case MACT determination pursuant to Section 112(g) are not substantially as effective as the emission limitations that the Director would otherwise adopt for the source in question pursuant to this Rule, the Director shall make a new MACT determination and adopt a Title V permit incorporating an appropriate equivalent emission limitation pursuant to this Rule. The Division shall use the procedures in 40 CFR 63.52(e) to determine whether the emission limitations adopted pursuant to the prior 112(g) case-by-case MACT determination are substantially as effective as the emission limitations which Division would otherwise adopt pursuant to Section 112(j) of the federal Clean Air Act for the source in question.
(i)  If the Director disapproves a permit application submitted pursuant to this Rule or determines that the application is incomplete, the owner or operator shall revise and resubmit the application to meet the Director's objections not later than six months after first receiving notification that the application has been disapproved or is incomplete.
(j)  If the owner or operator of a source subject to this Rule has submitted a timely and complete application for a permit, significant permit revision, or administrative amendment required by this Rule, any failure to have this permit shall not be a violation of the requirements of this Rule unless the delay in final action is due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application.
(k)  The permit shall contain the items specified in 40 CFR 63.52 including:
(1)	specification of the affected source and the new affected source;
(2)	emission limitations or emission standards equivalent to existing source MACT and emission limitations equivalent to new source MACT for control of emissions of hazardous air pollutants for that category or subcategory determined according to 40 CFR 63.55(a) on a case-by-case basis;
(3)	emission limits, production limits, operational limits, or other terms and conditions necessary to ensure practicable enforceability of the MACT emission limitation;
(4)	notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements; and
(5)	compliance dates by which the owner or operator of an existing source is required to be in compliance with the MACT emission limitation and all other applicable terms and conditions of the permit, not to exceed three years from the date of issuance of the permit. The owner or operator of a new affected source shall comply with a new source MACT level of control immediately upon startup.
(l)  Early reductions made pursuant to Section 112(i)(5)(A) of the federal Clean Air Act shall be achieved not later than the date on which the relevant standard should have been promulgated according to the source category schedule for standards.
(m)  A permit application for a MACT determination shall consist of two parts.
(1)	The Part 1 application shall contain the information required by 40 CFR 63.53(a) and shall be submitted by the applicable deadline specified in Paragraph (d), (e), or (f) of this Rule.
(2)	The Part 2 application shall contain the information required by 40 CFR 63.53(b) and shall be submitted no later than the deadline in 40 CFR 63 Subpart B Table 1.
(n)  Permit application review. The Director shall follow 40 CFR 63.55(a) in reviewing permit applications for MACT. The resulting MACT determination shall be incorporated into the facility's Title V permit according to the procedures established in this Section. Following submittal of a Part 1 or Part 2 MACT application, the Director may request, pursuant to 15A NCAC 02Q .0507(c) and .0525(a), additional information from the owner or operator; and the owner or operator shall submit the requested information within 30 days. A Part 2 MACT application shall be deemed complete if it is sufficient to begin processing the application for a Title V permit addressing Section 112(j) requirements. If the Division disapproves a permit application or determines that the application is incomplete, the owner or operator shall revise and resubmit the application to meet the objections of the Division within the time period specified by the Division, which shall not exceed six months from the date that the owner or operator is first notified that the application has been disapproved or is incomplete. After receipt of a complete Part 2 MACT application that is subsequently approved by the Division, the Director shall issue a Title V permit that meets Section 112(j) requirements, following the schedule in 15A NCAC 02Q .0525.
(o)  The following requirements shall apply to case-by-case determinations of equivalent emission limitations when a MACT standard is subsequently promulgated:
(1)	If EPA promulgates an emission standard that is applicable to one or more sources within a major facility before the date a proposed permit pursuant to this Rule is approved, the permit shall contain the promulgated standard rather than the emission limitation determined pursuant to 15A NCAC 02D .1109, and the owner or operator of the source shall comply with the promulgated standard by the compliance date in the promulgated standard.
(2)	If EPA promulgates an emission standard that is applicable to a source after the date that a permit is issued pursuant to this Rule, the Director shall revise the permit on its next renewal to reflect the promulgated standard. Subparagraph (a)(1) of 15A NCAC 02Q .0517 shall not apply to requirements established pursuant to this Rule. The Director shall establish a compliance date in the revised permit that assures that the owner or operator complies with the promulgated standard within a reasonable time, but no longer than eight years after such standard is promulgated or eight years after the date by which the owner or operator was first required to comply with the emission limitation established by permit, whichever is earlier. The period for compliance for existing sources shall not be shorter than that provided for existing sources in the promulgated standard.
(3)	Notwithstanding the requirements of Subparagraphs (1) or (2) of this Paragraph, if EPA promulgates an emission standard that is applicable to a source after the date a proposed permit is approved, the Director shall not be required to change the emission limitation in the permit to reflect the promulgated standard if the level of control required by the emission limitation in the permit is as effective as that required by the promulgated standard. If EPA promulgates an emission standard that is applicable to an affected source after the date a permit application is approved and the level of control required by the promulgated standard is less stringent than the level of control required by an emission limitation in the prior MACT determination, the Division shall not be required to incorporate a less stringent emission limitation of the promulgated standards after considering the effects on air quality. The Division may consider any more stringent provision of the MACT determination to be applicable legal requirements, as necessary to protect air quality, when issuing or revising such a Title V permit.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;
Eff. July 1, 1996;
Amended Eff. February 1, 2004;
Readopted Eff. April 1, 2018;
Amended Eff. August 1, 2022.

15A NCAC 02Q .0527	EXPEDITED APPLICATION PROCESSING SCHEDULE
(a)  Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit.
(b)  An applicant may file an application to follow the expedited review for application certified by a professional engineer as set out in G.S. 143-215.108(h) if:
(1)	the applicant specifically requests that the permit application be processed pursuant to the procedures in G.S. 143-215.108(h); and
(2)	the applicant submits:
(A)	applications as required by 15A NCAC 02Q .0507;
(B)	a completeness check list showing that the permit application is complete;
(C)	a draft permit;
(D)	any required dispersion modeling;
(E)	a certification signed by a professional engineer registered in North Carolina certifying the accuracy and completeness of draft permit and the application, including emissions estimates, applicable standards and requirements, and process specifications;
(F)	a consistency determination as required pursuant to 15A NCAC 02Q .0507(d)(1);
(G)	a written description of current and projected plans to reduce the emissions of air contaminants as required pursuant to 15A NCAC 02Q .0507(d)(2);
(H)	a financial qualification if required;
(I)	substantial compliance statement if required; and
(J)	the application fee as required pursuant to 15A NCAC 02Q .0200.
(c)  The applicant shall use the official application forms provided by the Division or a facsimile thereof.
(d)  The Division shall provide the applicant a checklist of all items of information required to prepare a complete permit application. This checklist shall be used by the Division to determine if the application is complete.
(e)  The Division shall provide the applicant a list of permit conditions and terms to include in the draft permit.
(f)  Before filing a permit application that includes dispersion modeling analysis submitted in support of the application, the applicant shall submit a modeling protocol and receive approval for the dispersion modeling protocol.
(g)  The Division shall follow the procedures set out in G.S. 143-215.108(h) when processing applications filed in accordance with this Rule.
(h)  In implementing this Rule, the Director shall either deny the permit or submit a proposed permit to EPA.
(i)  If EPA does not object to the proposed permit, the Director shall issue the permit within five days after:
(1)	expiration of EPA 45-day review period; or
(2)	receipt of notice from EPA that it will not object to issuance, whichever comes first.
(j)  If EPA objects to the proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of EPA's objections.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108;
Eff. July 1, 1998;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0528	112(G) CASE-BY-CASE MACT PROCEDURES
(a)  Applicability. An owner or operator of a source required to apply maximum achievable control technology (MACT) pursuant to 15A NCAC 02D .1112 shall follow the permit procedures set out in this Rule.
(b)  Construction prohibition. A person shall not begin construction or reconstruction of a major source of hazardous air pollutants unless:
(1)	the major source has been specifically regulated or exempted from regulation by:
(A)	15A NCAC 02D .1109 or .1111; or
(B)	a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the federal Clean Air Act pursuent to 40 CFR Part 63 and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in 40 CFR Part 63, Subpart A; or
(2)	the Division has made a final and effective case-by-case determination pursuant to 15A NCAC 02D .1112 such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
(c)  Requirements for constructed and reconstructed major sources. If a case-by-case determination of MACT is required by 15A NCAC 02D .1112, the owner or operator shall submit a permit application to the Division and the Division shall process the application following the procedures of 15A NCAC 02Q .0501(c).
(d)  Alternative operating scenarios. When applying for a permit, the owner or operator may request approval of case-by-case MACT determinations for alternative operating scenarios. Approval of such determinations shall satisfy the requirements of Section 112(g) of the federal Clean Air Act for each such scenario.
(e)  Application requirements for a case-by-case MACT determination. The owner or operator of a source required to apply MACT pursuant to 15A NCAC 02D .1112 shall submit a permit application that contains all the information required by 40 CFR 63.43(e).
(f)  Reporting to the EPA. Within 60 days of the issuance of a permit pursuant to this Section or 15A NCAC 02Q .0300 that incorporates a MACT determination, the Director shall provide a copy of the permit to the EPA and shall provide a summary in electronic format for inclusion in the MACT database.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5),(10);
Eff. July 1, 1998;
Readopted Eff. April 1, 2018.

section .0700  -  toxic air pollutant procedures

15A NCAC 02Q .0701	APPLICABILITY
Except as set forth in 15A NCAC 02Q .0702, no person shall cause or allow any toxic air pollutant named in 15A NCAC 02D .1104 to be emitted from any facility into the atmosphere at a rate that exceeds the applicable rate(s) in 15A NCAC 02Q .0711 without having received a permit to emit toxic air pollutants as follows:
(1)	new facilities pursuant to 15A NCAC 02Q .0704; or
(2)	modifications pursuant to 15A NCAC 02Q .0706.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1, 2005;
Readopted Eff. July 1, 2018.

15a ncac 02q .0702	EXEMPTIONS
(a)  A permit to emit toxic air pollutants shall not be required pursuant to this Section for:
(1)	residential wood stoves, heaters, or fireplaces;
(2)	water heaters that are used for domestic purposes only and are not used to heat process water;
(3)	maintenance, structural changes, or repairs the do not change capacity of that process, fuel-burning, refuse-burning, or control equipment and do not involve any change in quality or nature or increase in quantity of emission of any regulated air pollutant or toxic air pollutant;
(4)	housekeeping activities or building maintenance procedures, including painting buildings, resurfacing floors, roof repair, washing, cleaning with portable vacuum cleaners, sweeping, use and associated storage of janitorial products, or non-asbestos-bearing insulation removal;
(5)	use of office supplies, supplies to maintain copying equipment, or blueprint machines;
(6)	paving parking lots;
(7)	replacement of existing equipment with equipment of the same size, type, and function if the new equipment:
(A)	does not result in an increase to the actual or potential emissions of any regulated air pollutant or toxic air pollutant;
(B)	does not affect compliance status; and
(C)	fits the description of the existing equipment in the permit, including the application, such that the replacement equipment can be operated pursuant to that permit without any changes to the permit;
(8)	comfort air conditioning or comfort ventilation systems that do not transport, remove, or exhaust regulated air pollutants to the atmosphere;
(9)	equipment used for the preparation of food for direct on-site human consumption;
(10)	non-self-propelled non-road engines regulated by rules adopted by the Environmental Protection Agency pursuant to Title II of the federal Clean Air Act, except generators;
(11)	stacks or vents to prevent escape of sewer gases from domestic waste through plumbing traps;
(12)	use of fire-fighting equipment;
(13)	the use for agricultural operations by a farmer of fertilizers, pesticides, or other agricultural chemicals containing one or more of the compounds listed in 15A NCAC 02D .1104 if such compounds are applied according to agronomic practices for agricultural operations acceptable to the North Carolina Department of Agriculture;
(14)	asbestos demolition and renovation projects that comply with 15A NCAC 02D .1110 and that are being done by persons accredited by the Department of Health and Human Services pursuant to the Asbestos Hazard Emergency Response Act;
(15)	incinerators used only to dispose of dead animals or poultry as identified in 15A NCAC 02D .1201(b)(4) or incinerators used only to dispose of dead pets as identified in 15A NCAC 02D .1208(a)(2)(A);
(16)	refrigeration equipment that is consistent with Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of the federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by EPA pursuant to Title VI for stratospheric ozone protection, except those units used as or with air pollution control equipment;
(17)	laboratory activities:
(A)	bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses, or non-production environmental compliance assessments;
(B)	bench scale experimentation, chemical or physical analyses, or training or instruction from nonprofit, non-production educational laboratories;
(C)	bench scale experimentation, chemical or physical analyses, or training or instruction from hospital or health laboratories pursuant to the determination or diagnoses of illnesses; and
(D)	research and development laboratory activities that are not required to be permitted pursuant to 15A NCAC 02Q .0500, provided the activity produces no commercial product or feedstock material;
(18)	combustion sources as defined in 15A NCAC 02Q .0703, except new or modified combustion sources permitted on or after July 10, 2010;
(19)	storage tanks used only to store:
(A)	inorganic liquids with a true vapor pressure less than 1.5 pounds per square inch absolute;
(B)	fuel oils, kerosene, diesel, crude oil, used motor oil, lubricants, cooling oils, natural gas, liquefied petroleum gas, or petroleum products with a true vapor pressure less than 1.5 pounds per square inch absolute;
(20)	dispensing equipment used solely to dispense diesel fuel, kerosene, lubricants, or cooling oils;
(21)	portable solvent distillation systems that are used for on-site solvent recycling if:
(A)	the portable solvent distillation system is not owned by the facility;
(B)	the portable solvent distillation system is not operated for more than seven consecutive days; and
(C)	the material recycled is recycled at the site of origin;
(22)	processes:
(A)	electric motor burn-out ovens with secondary combustion chambers or afterburners;
(B)	electric motor bake-on ovens;
(C)	burn-off ovens for paint-line hangers with afterburners;
(D)	hosiery knitting machines and associated lint screens, hosiery dryers and associated lint screens, and hosiery dyeing processes in which bleach or solvent dyes are not used;
(E)	blade wood planers planing only green wood; and
(F)	saw mills that saw no more than 2,000,000 board feet per year, provided only green wood is sawed;
(23)	wood furniture manufacturing operations as defined in 40 CFR 63.801(a) that comply with the emission limitations and other requirements of 40 CFR Part 63 Subpart JJ, provided that the terms of this exclusion shall not affect the authority of the Director pursuant to 15A NCAC 02Q .0712;
(24)	wastewater treatment systems at pulp and paper mills for hydrogen sulfide and methyl mercaptan only;
(25)	natural gas and propane fired external combustion sources with an aggregate allowable heat input value less than 450 million Btu per hour that are the only source of benzene at a facility;
(26)	internal combustion sources that are either of the following:
(A)	emergency engines with an aggregate total horsepower less than 4843 horsepower that are the only source of formaldehyde at a facility; or
(B)	stationary combustion turbines with an aggregate allowable heat input value less than 56 million Btu per hour that are the only source of formaldehyde at a facility;
(27)	an air emission source that is any of the following:
(A)	subject to an applicable requirement pursuant to 40 CFR Part 61, as amended;
(B)	an affected source pursuant to 40 CFR Part 63, as amended; or
(C)	subject to a case-by-case MACT permit requirement issued by the Division pursuant to Paragraph (j) of 42 U.S.C. Section 7412, as amended;
(28)	gasoline-dispensing facilities or gasoline service station operations that comply with 15A NCAC 02D .0928 and .0932 and that receive gasoline from bulk gasoline plants or bulk gasoline terminals that comply with 15A NCAC 02D .0524, .0925, .0926, .0927, .0932, and .0933 via tank trucks that comply with 15A NCAC 02D .0932;
(29)	the use of ethylene oxide as a sterilant in the production and subsequent storage of medical devices or the packaging and subsequent storage of medical devices for sale if the emissions from all new and existing sources at a facility described in 15A NCAC 02D .0538(d) are controlled to the degree described in 15A NCAC 02D .0538(d) and the facility complies with 15A NCAC 02D .0538(e) and (f);
(30)	bulk gasoline plants, including the storage and handling of fuel oils, kerosenes, and jet fuels but excluding the storage and handling of other organic liquids, that comply with 15A NCAC 02D .0524, .0925, .0926, .0932, and .0933 unless the Director finds that a permit to emit toxic air pollutants is required under Paragraph (b) of this Rule or 15A NCAC 02Q .0712 for a particular bulk gasoline plant; or
(31)	bulk gasoline terminals, including the storage and handling of fuel oils, kerosenes, and jet fuels but excluding the storage and handling of other organic liquids, that comply with 15A NCAC 02D .0524, .0925, .0927, .0932, and .0933 if the bulk gasoline terminal existed before November 1, 1992, unless:
(A)	a permit to emit toxic air pollutants is required under Paragraph (b) of this Rule or 15A NCAC 02Q .0712 for a particular bulk gasoline terminal; or
(B)	the owner or operator of the bulk gasoline terminal meets the requirements of 15A NCAC 02D .0927(i).
(b)  Emissions from the activities identified in Subparagraphs (a)(28) through (a)(31) of this Rule shall be considered in determining compliance with the toxic air pollutant requirements of this Section and shall be addressed in the permit if necessary to assure compliance. Emissions from the activities identified in Subparagraphs (a)(1) through (a)(27) of this Rule shall not be considered in determining compliance with the toxic air pollutant requirements in this Section if the terms of this exclusion will not affect the authority of the Director pursuant to 15A NCAC 02Q .0712.
(c)  The addition or modification of an activity identified in Paragraph (a) of this Rule shall not cause the source or facility to be evaluated for emissions of toxic air pollutants.
(d)  A source that is exempt from being permitted under this Section shall not be exempt from any applicable requirement other than those pursuant to 15A NCAC 02Q .0700 and 02D .1100. Additionally, the owner or operator of the source shall not be exempt from demonstrating compliance with any applicable requirement other than those exempt pursuant to 15A NCAC 02Q .0700 and 02D .1100.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; April 1, 2005; July 1, 2002; July 1, 2000;
Readopted Eff. July 1, 2018.

15A ncac 02q .0703	DEFINITIONS
For the purposes of this Section, the following definitions apply:
(1)	"Actual rate of emissions" means:
(a)	for existing sources:
(i)	for toxic air pollutants with an annual averaging period, the average rate or rates at which the source emitted the pollutant during the two-year period preceding the date of the particular modification and that represents the normal operation of the source. If this period does not represent the normal operation, the Director may allow the use of a different, more representative, period.
(ii)	for toxic air pollutants with a 24-hour or one-hour averaging period, the maximum actual emission rate at which the source emitted the pollutant for the applicable averaging period during the two-year period preceding the date of the particular modification and that represents normal operation of the source. If this period does not represent normal operation, the Director may require or allow the use of a different, more representative, period.
(b)	for new or modified sources, the average rate or rates, determined for the applicable averaging periods, that the proposed source will emit the pollutant as determined by engineering evaluation.
(2)	"Applicable averaging period" means the averaging period for which an acceptable ambient limit has been established by the Commission in 15A NCAC 02D .1104, including the provisions in 15A NCAC 02D .1106(d).
(3)	"Bioavailable chromate pigments" means the group of chromium (VI) compounds consisting of calcium chromate (CAS No.13765-19-0), calcium dichromate (CAS No. 14307-33-6), strontium chromate (CAS No. 7789-06-2), strontium dichromate (CAS No. 7789-06-2), zinc chromate (CAS No. 13530-65-9), and zinc dichromate (CAS No. 7789-12-0).
(4)	"CAS Number" means the Chemical Abstract Service registry number identifying a particular substance.
(5)	"Chromium (VI) equivalent" means the molecular weight ratio of the chromium (VI) portion of a compound to the total molecular weight of the compound multiplied by the associated compound emission rate or concentration at the facility.
(6)	"Combustion sources" means boilers, space heaters, process heaters, internal combustion engines, and combustion turbines that combust wood, unadulterated fossil fuels, or non-hazardous secondary materials that are not solid wastes pursuant to 40 CFR Part 241. It does not include incinerators, waste combustors, kilns, dryers, or direct heat exchange industrial processes.
(7)	"Creditable emissions" means emission decreases that have not been previously relied on to comply with Subchapter 15A NCAC 02D as part of a permit condition.
(8)	"Cresol" means o-cresol, p-cresol, m-cresol, or any combination of these compounds.
(9)	"Evaluation" means:
(a)	a determination that the emissions from the facility, including emissions from sources exempted by 15A NCAC 02Q .0702(a)(28) through (31), are less than the rate listed in 15A NCAC 02Q .0711; or
(b)	a determination of ambient air concentrations as described pursuant to 15A NCAC 02D .1106, including emissions from sources exempted by 15A NCAC 02Q .0702(a)(28) through (31).
(10)	"GACT" means a generally available control technology emission standard applied to an area source or facility pursuant to Section 112 of the federal Clean Air Act.
(11)	"Hexane isomers except n-hexane" means 2-methyl pentane, 3-methyl pentane, 2,2-dimethyl butane, 2,3-dimethyl butane, or any combination of these compounds.
(12)	"MACT" means a maximum achievable control technology emission standard applied to a source or facility pursuant to Section 112 federal Clean Air Act.
(13)	"Maximum feasible control" means the maximum degree of reduction for each pollutant subject to regulation under this Section using the best technology that is available taking into account, on a case-by-case basis, human health, energy, environmental, and economic impacts and other costs.
(14)	"Modification" means a physical changes or changes in the methods of operation that result in a net increase in emissions or ambient concentration of a pollutant listed in 15A NCAC 02Q .0711 or that result in the emission of any pollutant listed in 15A NCAC 02Q .0711 not previously emitted.
(15)	"Net increase in emissions" for a modification means the sum of all increases in permitted allowable and decreases in the actual rates of emissions from the proposed modification from the sources at the facility for which the air permit application is being filed. If the net increase in emissions from the proposed modification is greater than zero, all other increases in permitted allowable and decreases in the actual rates of emissions at the facility within the five years immediately preceding the filing of the air permit application for the proposed modification that are otherwise creditable emissions may be included.
(16)	"Nickel, soluble compounds" means the soluble nickel salts of chloride (NiCl2, CAS No. 7718-54-9), sulfate (NiSO4, CAS No. 7786-81-4), and nitrate (Ni(NO3)2, CAS No. 13138-45-9).
(17)	"Non-specific chromium (VI) compounds" means the group of compounds consisting of any chromium (VI) compounds not specified in this Section as a bioavailable chromate pigment or a soluble chromate compound.
(18)	"Polychlorinated biphenyls" means any chlorinated biphenyl compound or mixture of chlorinated biphenyl compounds.
(19)	"Pollution prevention plan" means a written description of current and projected plans to reduce, prevent, or minimize the generation of pollutants by source reduction and recycling and includes a site-wide assessment of pollution prevention opportunities at a facility that addresses sources of air pollution, water pollution, and solid and hazardous waste generation.
(20)	"Soluble chromate compounds" means the group of chromium (VI) compounds consisting of ammonium chromate (CAS No. 7788-98-9), ammonium dichromate (CAS No. 7789-09-5), chromic acid (CAS No. 7738-94-5), potassium chromate (CAS No. 7789-00-6), potassium dichromate (CAS No. 7778-50-9), sodium chromate (CAS No. 7775-11-3), and sodium dichromate (CAS No. 10588-01-9).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; April 1, 2001;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0704	NEW FACILITIES
(a)  This Rule shall apply only to new facilities.
(b)  The owner or operator of a facility that is required to have a permit pursuant to 15A NCAC 02Q .0300 or .0500 and is subject to a Section in 15A NCAC 02D, other than 15A NCAC 02D .1100, shall receive a permit to emit toxic air pollutants before beginning construction and shall comply with the permit when beginning operation. This Rule shall not apply to facilities whose emissions of toxic air pollutants result only from sources exempted pursuant to 15A NCAC 02Q .0102.
(c)  The owner or operator of the facility shall submit a permit application to comply with 15A NCAC 02D .1100 if emissions of any toxic air pollutant, excluding sources exempt from evaluation pursuant to 15A NCAC 02Q .0702, exceed the levels set forth in 15A NCAC 02Q .0711. Sources meeting the exemption set forth in 15A NCAC 02Q .0702(a)(27) shall be reviewed by the Division pursuant to G.S. 143-215.107(a)(5)b.
(d)  A permit application filed pursuant to this Rule shall include an evaluation for all toxic air pollutants. All sources at the facility, excluding sources exempt from evaluation pursuant to 15A NCAC 02Q .0702, emitting these toxic air pollutants shall be included in the evaluation.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0706	MODIFICATIONS
(a)  The owner or operator shall comply with Paragraphs (b) and (c) of this Rule for a modification that is subject to a Section in 15A NCAC 02D other than 15A NCAC 02D .1100 and that:
(1)	requires a permit pursuant to 15A NCAC 02Q .0300; or
(2)	occurs at a facility with a permit pursuant to 15A NCAC 02Q .0500 and emits a pollutant that is part of the facility's previous modeling demonstration conducted pursuant to 15A NCAC 02D .1104 and 15A NCAC 02Q .0709, if that modification is not exempted pursuant to 15A NCAC 02Q .0702.
This Rule shall not apply to facilities whose emissions of toxic air pollutants result only from insignificant activities, as defined in 15A NCAC 02Q .0103(20), or result only from sources exempted pursuant to 15A NCAC 02Q .0102.
(b)  The owner or operator of the facility shall submit a permit application to that complies with 15A NCAC 02D .1100 if the modification results in:
(1)	a net increase in emissions or ambient concentration as previously determined pursuant to 15A NCAC 02D .1106 and  15A NCAC 02Q .0709 of any toxic air pollutant that the facility was emitting before the modification; or
(2)	emissions of any toxic air pollutant that the facility was not emitting before the modification if such emissions exceed the levels set forth in 15A NCAC 02Q .0711.
(c)  The permit application filed pursuant to this Rule shall include an evaluation for all toxic air pollutants identified pursuant to Paragraph (b) of this Rule.
All sources at the facility, excluding sources exempt from evaluation pursuant to 15A NCAC 02Q .0702, emitting these toxic air pollutants shall be included in the evaluation. Sources meeting the exemption set forth in 15A NCAC 02Q .0702(a)(27) shall be reviewed by the Division pursuant to G.S. 143-215.107(a)(5)b.
(d)  If a source is included in an air toxic evaluation but is not the source that is being added or modified at the facility, and if the emissions from this source must be reduced in order for the facility to comply with the rules in this Section and 15A NCAC 02D .1100, the emissions from this source shall be reduced by the time the new or modified source begins operating such that the facility shall be in compliance with the rules of this Section and 15A NCAC 02D .1100.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; December 1, 2005; April 1, 2005;
Readopted Eff. November 1, 2023; July 1, 2018.

15A NCAC 02Q .0707	PREVIOUSLY PERMITTED FACILITIES
A facility with a permit that contains a restriction based on the evaluation of a source exempted pursuant to 15A NCAC 02Q .0702 may request a permit modification to adjust the restriction by removing from consideration the portion of emissions resulting from the exempt source unless the removal of the exempt source will result in an acceptable ambient level in 15A NCAC 02D .1104 being exceeded. The Director shall modify the permit to remove the applicability of the air toxic rules to the exempt source. No fee shall be charged solely for such a permit modification.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0708	COMPLIANCE SCHEDULE FOR PREVIOUSLY UNKNOWN TOXIC AIR POLLUTANT EMISSIONS
(a)  The owner or operator of a facility permitted to emit toxic air pollutants shall submit a permit application within six months after the owner or operator learns of an emission of a previously unknown toxic air pollutant from a source at the facility that would have been included in the permit when it was issued. The application shall include the information required by Paragraph (b) of this Rule.
(b)  When an application to revise a permit is submitted under this Rule, the owner or operator shall in addition to the application, submit to the Director:
(1)	an evaluation for the pollutant required by this Section and 15 NCAC 02D .1100 that demonstrates compliance with the acceptable ambient level set forth in 15A NCAC 02D .1104; or
(2)	a compliance schedule containing the information required by Paragraph (c) of this Rule for the proposed modifications to the facility, required to assure compliance with the acceptable ambient level pursuant to this Section and Section 15A NCAC 02Q .1100.
(c)  The compliance schedule required under Subparagraph (b)(2) of this Rule shall contain the following increments of progress, as applicable:
(1)	a date by which contracts for emission control and process equipment will be awarded or orders will be issued for the purchase of component parts;
(2)	a date by which on-site construction or installation of the emission control and process equipment will begin;
(3)	a date by which on-site construction or installation of the emission control and process equipment will be completed; and
(4)	the date by which final compliance will be achieved.
(d)  Final compliance shall be achieved no later than:
(1)	six months after the permit modification or renewal was issued if construction or installation of emission control or process equipment was not required;
(2)	one year after the permit modification or renewal was issued if construction or installation of emission control or process equipment is required; or
(3)	the time that was normally required to construct a stack or install other dispersion enhancement modifications but not more than one year after the permit modification or renewal was issued.
(e)  The owner or operator shall certify to the Director, within 10 days after each applicable deadline for each increment of progress required in Paragraph (c) of this Rule, whether the required increment of progress has been met.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(5); 143B-282; S.L. 1989, c. 168, s. 45;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0709	DEMONSTRATIONS
(a)  Demonstrations. The owner or operator of a source that is applying for a permit or permit modification to emit toxic air pollutants shall:
(1)	demonstrate to the Director through dispersion modeling conducted pursuant to 15A NCAC 02D .1106 that the emissions of toxic air pollutants from the facility will not cause any acceptable ambient level listed in 15A NCAC 02D .1104 to be exceeded beyond the facility's premises with such exceptions as may be allowed pursuant to 15A NCAC 02Q .0700; or
(2)	demonstrate to the Commission or its delegate that the ambient concentration beyond the premises (adjacent property boundary) for the subject toxic air pollutant will not adversely affect human health (e.g., with a risk assessment specific to the facility) though the concentration is higher than the acceptable ambient level in 15A NCAC 02D .1104 by providing one of the following demonstrations:
(A)	the area where the ambient concentrations are expected to exceed the acceptable ambient levels in 15A NCAC 02D .1104 is not inhabitable or occupied for the duration of the averaging time of the pollutant of concern; or
(B)	new toxicological data that show that the acceptable ambient level in 15A NCAC 02D .1104 for the pollutant of concern is too low and the facility's ambient impact is below the level indicated by the new toxicological data.
(b)  Technical Infeasibility and Economic Hardship. This Paragraph shall not apply to any incinerator governed by 15A NCAC 02D .1200. The owner or operator of any source constructed before May 1, 1990, or a combustion source as defined in 15A NCAC 02Q .0703 permitted before July 10, 2010, that cannot supply a demonstration described in Paragraph (a) of this Rule shall:
(1)	demonstrate to the Commission or its delegate that complying with the guidelines in 15A NCAC 02D .1104 is technically infeasible, because the technology necessary to reduce emissions to a level to prevent the acceptable ambient levels in 15A NCAC 02D .1104 from being exceeded does not exist; or
(2)	demonstrate to the Commission or its delegate that complying with the guidelines in 15A NCAC 02D .1104 would result in serious economic hardship. In deciding if a serious economic hardship exists, the Commission or its delegate shall consider market impact; impacts on local, regional, and state economy; risk of closure; capital cost of compliance; annual incremental compliance cost; and environmental and health impacts.
If the owner or operator makes a demonstration pursuant to Subparagraphs (1) or (2) of this Paragraph, the Director shall require the owner or operator of the source to apply maximum feasible control. Maximum feasible control shall be in place and operating within three years from the date that the permit is issued for the maximum feasible control.
(c)  Pollution Prevention Plan. The owner or operator of any facility using the provisions of Part (a)(2)(A) or Paragraph (b) of this Rule shall develop and implement a pollution prevention plan consisting of the following elements:
(1)	a statement of corporate and facility commitment to pollution prevention;
(2)	an identification of current and past pollution prevention activities;
(3)	a timeline and strategy for implementation;
(4)	a description of ongoing and planned employee education efforts; and
(5)	an identification of internal pollution prevention goals selected by the facility and expressed in either qualitative or quantitative terms.
The facility shall submit the plan along with the permit application. The plan shall be maintained on site. A progress report on implementation of the plan shall be prepared by the facility annually and be made available to Division personnel for review upon request.
(d)  Modeling Demonstration. If the owner or operator of a facility demonstrates by modeling that no toxic air pollutant emitted from the facility exceeds the acceptable ambient level values set out in 15A NCAC 02D .1104 beyond the facility's premises, further modeling demonstration shall not be required with the permit application. However, the Commission may still require more stringent emission levels based on its analysis pursuant to 15A NCAC 02D .1107.
(e)  Change in Acceptable Ambient Level. When an acceptable ambient level for a toxic air pollutant in 15A NCAC 02D .1104 is changed, any condition that has previously been put in a permit to ensure compliance with the previous acceptable ambient level for that toxic air pollutant shall not be changed until:
(1)	The permit is renewed, at which time the owner or operator of the facility shall submit an air toxic evaluation, excluding sources exempt from evaluation in 15A NCAC 02Q .0702, showing that the new acceptable ambient level will not be exceeded. If additional time is needed to bring the facility into compliance with the new acceptable ambient level, the owner or operator shall negotiate a compliance schedule with the Director to protect public health as demonstrated pursuant to this Rule. The compliance schedule shall be written into the facility's permit and final compliance shall not exceed two years from the effective date of the change in the acceptable ambient level; or
(2)	The owner or operator of the facility requests that the condition be changed and submits along with that request an air toxic evaluation, excluding sources exempt from evaluation in 15A NCAC 02Q .0702, showing that the new acceptable ambient level shall not be exceeded.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2014; July 10, 2010; February 1, 2005;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0710	PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING
(a)  If the owner or operator of a facility chooses to make a demonstration pursuant to 15A NCAC 02Q .0709(a)(2) or (b), the Commission or its delegate shall approve or disapprove the permit after a public notice with an opportunity for a public hearing.
(b)  The public notice shall be given by publication in a newspaper of general circulation in the area where the facility is located and shall be provided to persons who are on the Division's notification list for air quality permit notices.
(c)  The public notice shall identify:
(1)	the affected facility;
(2)	the name and address of the permittee;
(3)	the name and address of the person to whom to send comments and requests for public hearing;
(4)	the name, address, and telephone number of a Divisional staff person from whom interested persons may obtain additional information, including copies of the draft permit, the application, compliance plan, pollution prevention plan, monitoring and compliance reports, and other materials available to the Division that are relevant to the permit decision;
(5)	the activity or activities involved in the permit action;
(6)	emissions change involved in the proposed permit modification;
(7)	a brief description of the public comment procedures;
(8)	the procedures to follow to request a public hearing unless a public hearing has already been scheduled; and
(9)	the time and place of a hearing that has already been scheduled.
(d)  The notice shall allow not less than 30 days for public comments.
(e)  If the Director determines that significant public interest exists or that the public interest will be served, the Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given not less than 30 days before the public hearing.
(f)  The Director shall make available for public inspection in the region affected the information submitted by the permit applicant and the Division's analysis of that application.
(g)  A person requesting paper copies of material identified in Subparagraph (c)(4) of this Rule shall pay ten cents ($0.10) per page copied. Confidential material shall be handled in accordance with 15A NCAC 02Q .0107.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018;
Amended Eff. September 1, 2023.

15a ncac 02q .0711	EMISSION RATES REQUIRING A PERMIT
(a)  A permit to emit toxic air pollutants shall be required for any facility, excluding sources exempt from evaluation by 15A NCAC 02Q .0702, if one or more emission release points are obstructed or non-vertically oriented whose actual rate of emissions by pollutant from all sources is greater than any one of the following toxic air pollutant permitting emissions rates:

Obstructed or Non-Vertical Oriented Toxic Air Pollutant Permitting Emission Rates (TPER)
Pollutant (CAS Number)
Carcinogens

lb/yr
Chronic Toxicants

lb/day
Acute Systemic Toxicants lb/hr
Acute Irritants

lb/hr
acetaldehyde (75-07-0)

6.8
acetic acid (64-19-7)

0.96
acrolein (107-02-8)

0.02
acrylonitrile (107-13-1)

0.4
0.22

ammonia (7664-41-7)

0.68
aniline (62-53-3)

0.25

arsenic and inorganic arsenic compounds
0.053

asbestos (1332-21-4)
5.7 X 10[-3]

aziridine (151-56-4)

0.13

benzene (71-43-2)
8.1

benzidine and salts (92-87-5)
0.0010

benzo(a)pyrene (50-32-8)
2.2

benzyl chloride (100-44-7)

0.13

beryllium (7440-41-7)
0.28

beryllium chloride (7787-47-5)
0.28

beryllium fluoride (7787-49-7)
0.28

beryllium nitrate (13597-99-4)
0.28

bioavailable chromate pigments,
as chromium (VI) equivalent
0.0056

bis-chloromethyl ether (542-88-1)
0.025

bromine (7726-95-6)

0.052
1,3-butadiene (106-99-0)
11

cadmium (7440-43-9)
0.37

cadmium acetate (543-90-8)
0.37

cadmium bromide (7789-42-6)
0.37

carbon disulfide (75-15-0)

3.9

carbon tetrachloride (56-23-5)
460

chlorine (7782-50-5)

0.79

0.23
chlorobenzene (108-90-7)

46

chloroform (67-66-3)
290

chloroprene (126-99-8)

9.2
0.89

cresol (1319-77-3)

0.56

p-dichlorobenzene (106-46-7)

16.8
di(2-ethylhexyl)phthalate (117-81-7)

0.63

dimethyl sulfate (77-78-1)

0.063

1,4-dioxane (123-91-1)

12

epichlorohydrin (106-89-8)
5600

ethyl acetate (141-78-6)

36

ethylenediamine (107-15-3)

6.3
0.64

ethylene dibromide (106-93-4)
27

ethylene dichloride (107-06-2)
260

ethylene glycol monoethyl ether (110-80-5)

2.5
0.48

ethylene oxide (75-21-8)
1.8

ethyl mercaptan (75-08-1)

0.025

fluorides

0.34
0.064

formaldehyde (50-00-0)

0.04
hexachlorocyclopentadiene (77-47-4)

0.013
0.0025

hexachlorodibenzo-p-dioxin (57653- 85-7)
0.0051

n-hexane (110-54-3)

23

hexane isomers except n-hexane

92
hydrazine (302-01-2)

0.013

hydrogen chloride (7647-01-0)

0.18
hydrogen cyanide (74-90-8)

2.9
0.28

hydrogen fluoride (7664-39-3)

0.63

0.064
hydrogen sulfide (7783-06-4)

1.7

maleic anhydride (108-31-6)

0.25
0.025

manganese and compounds

0.63

manganese cyclopentadienyl tricarbonyl (12079-65-1)

0.013

manganese tetroxide (1317-35-7)

0.13

mercury, alkyl

0.0013

mercury, aryl and inorganic compounds

0.013

mercury, vapor (7439-97-6)

0.013

methyl chloroform (71-55-6)

250

64
methylene chloride (75-09-2)
1600

0.39

methyl ethyl ketone (78-93-3)

78

22.4
methyl isobutyl ketone (108-10-1)

52

7.6
methyl mercaptan (74-93-1)

0.013

nickel carbonyl (13463-39-3)

0.013

nickel metal (7440-02-0)

0.13

nickel, soluble compounds, as nickel

0.013

nickel subsulfide (12035-72-2)
0.14

nitric acid (7697-37-2)

0.256
nitrobenzene (98-95-3)

1.3
0.13

n-nitrosodimethylamine (62-75-9)
3.4

non-specific chromium (VI) compounds, as chromium (VI) equivalent
0.0056

pentachlorophenol (87-86-5)

0.063
0.0064

perchloroethylene (127-18-4)
13000

phenol (108-95-2)

0.24

phosgene (75-44-5)

0.052

phosphine (7803-51-2)

0.032
polychlorinated biphenyls (1336-36- 3)
5.6

soluble chromate compounds, as chromium (VI) equivalent

0.013

styrene (100-42-5)

2.7

sulfuric acid (7664-93-9)

0.25
0.025

tetrachlorodibenzo-p-dioxin (1746- 01-6)
0.00020

1,1,2,2-tetrachloroethane (79-34-5)
430

toluene (108-88-3)

98

14.4
toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7) isomers

0.003

trichloroethylene (79-01-6)
4000

vinyl chloride (75-01-4)
26

vinylidene chloride (75-35-4)

2.5

xylene (1330-20-7)

57

16.4

(b)  A permit to emit toxic air pollutants shall be required for any facility if all emission release points are unobstructed and vertically oriented whose actual rate of emissions from all sources is greater than any one of the following toxic air pollutant permitting emissions rates:

Unobstructed Toxic Air Pollutant Permitting Emission Rates (TPER)
Pollutant (CAS Number)
Carcinogens

lb/yr
Chronic Toxicants

lb/day
Acute Systemic Toxicants lb/hr
Acute Irritants

lb/hr
acetaldehyde (75-07-0)

28.43
acetic acid (64-19-7)

3.90
acrolein (107-02-8)

0.08
acrylonitrile (107-13-1)

1.3
1.05

ammonia (7664-41-7)

2.84
aniline (62-53-3)

1.05

arsenic and inorganic arsenic compounds
0.194

asbestos (1332-21-4)
7.748 x 10[-3]

aziridine (151-56-4)

0.3

benzene (71-43-2)
11.069

benzidine and salts (92-87-5)
1.384 x 10[-3]

benzo(a)pyrene (50-32-8)
3.044

benzyl chloride (100-44-7)

0.53

beryllium (7440-41-7)
0.378

beryllium chloride (7787-47-5)
0.378

beryllium fluoride (7787-49-7)
0.378

beryllium nitrate (13597-99-4)
0.378

bioavailable chromate pigments,
as chromium (VI) equivalent
0.008

bis-chloromethyl ether (542-88-1)
0.034

bromine (7726-95-6)

0.21
1,3-butadiene (106-99-0)
40.585

cadmium (7440-43-9)
0.507

cadmium acetate (543-90-8)
0.507

cadmium bromide (7789-42-6)
0.507

carbon disulfide (75-15-0)

7.8

carbon tetrachloride (56-23-5)
618.006

chlorine (7782-50-5)

1.6

0.95
chlorobenzene (108-90-7)

92.7

chloroform (67-66-3)
396.631

chloroprene (126-99-8)

18.5
3.69

cresol (1319-77-3)

2.32

p-dichlorobenzene (106-46-7)

69.50
di(2-ethylhexyl)phthalate (117-81-7)

1.3

dimethyl sulfate (77-78-1)

0.1

1,4-dioxane (123-91-1)

23.6

epichlorohydrin (106-89-8)
7655.891

ethyl acetate (141-78-6)

147.41

ethylenediamine (107-15-3)

12.6
2.63

ethylene dibromide (106-93-4)
36.896

ethylene dichloride (107-06-2)
350.511

ethylene glycol monoethyl ether (110-80-5)

5.1
2.00

ethylene oxide (75-21-8)
2.490

ethyl mercaptan (75-08-1)

0.11

fluorides

0.7
0.26

formaldehyde (50-00-0)

0.16
hexachlorocyclopentadiene (77-47-4)

2.5 x 10[-2]
0.01

hexachlorodibenzo-p-dioxin (57653- 85-7)
0.007

n-hexane (110-54-3)

46.3

hexane isomers except n-hexane

379.07
hydrazine (302-01-2)

2.5 x 10[-2]

hydrogen chloride (7647-01-0)

0.74
hydrogen cyanide (74-90-8)

5.9
1.16

hydrogen fluoride (7664-39-3)

1.3

0.26
hydrogen sulfide (7783-06-4)

5.1

maleic anhydride (108-31-6)

0.5
0.11

manganese and compounds

1.3

manganese cyclopentadienyl tricarbonyl (12079-65-1)

2.5 x 10[-2]

manganese tetroxide (1317-35-7)

0.3

mercury, alkyl

2.5 x 10[-3]

mercury, aryl and inorganic compounds

2.5 x 10[-2]

mercury, vapor (7439-97-6)

2.5 x 10[-2]

methyl chloroform (71-55-6)

505.4

257.98
methylene chloride (75-09-2)
2213.752

1.79

methyl ethyl ketone (78-93-3)

155.8

93.19
methyl isobutyl ketone (108-10-1)

107.8

31.59
methyl mercaptan (74-93-1)

0.05

nickel carbonyl (13463-39-3)

2.5 x 10[-2]

nickel metal (7440-02-0)

0.3

nickel, soluble compounds, as nickel

2.5 x 10[-2]

nickel subsulfide (12035-72-2)
0.194

nitric acid (7697-37-2)

1.05
nitrobenzene (98-95-3)

2.5
0.53

n-nitrosodimethylamine (62-75-9)
4.612

non-specific chromium (VI) compounds, as chromium (VI) equivalent
0.008

pentachlorophenol (87-86-5)

0.1
0.03

perchloroethylene (127-18-4)
17525.534

phenol (108-95-2)

1.00

phosgene (75-44-5)

0.1

phosphine (7803-51-2)

0.14
polychlorinated biphenyls (1336-36- 3)
7.656

soluble chromate compounds, as chromium (VI) equivalent

2.6 x 10[-2]

styrene (100-42-5)

11.16

sulfuric acid (7664-93-9)

0.5
0.11

tetrachlorodibenzo-p-dioxin (1746- 01-6)
2.767 x 10[-4]

1,1,2,2-tetrachloroethane (79-34-5)
581.110

toluene (108-88-3)

197.96

58.97
toluene diisocyanate,2,4-(584-84-9) and 2,6- (91-08-7) isomers

8.4 x 10[-3]

trichloroethylene (79-01-6)
5442.140

vinyl chloride (75-01-4)
35.051

vinylidene chloride (75-35-4)

5.1

xylene (1330-20-7)

113.7

68.44

(c)  For the following pollutants, the highest emissions occurring in any 15-minute period shall be multiplied by four and the product shall be compared to the value in Paragraph (a) or (b), as applicable:
(1)	acetaldehyde (75-07-0);
(2)	acetic acid (64-19-7);
(3)	acrolein (107-02-8);
(4)	ammonia (7664-41-7);
(5)	bromine (7726-95-6);
(6)	chlorine (7782-50-5);
(7)	formaldehyde (50-00-0);
(8)	hydrogen chloride (7647-01-0);
(9)	hydrogen fluoride (7664-39-3); and
(10)	nitric acid (7697-37-2).

History Note:	Authority G.S. 143-215.3(a)(1); 143-215-107; 143-215.108; 143B-282;
Rule originally codified as part of 15A NCAC 02H .0610;
Eff. July 1, 1998;
Amended Eff. May 1, 2015; July 7, 2014; May 1, 2014; January 1, 2010; June 1, 2008; April 1, 2005; February 1, 2005; April 1, 2001;
Readopted Eff. July 1, 2018.

15A NCAC 02Q .0712	CALLS BY THE DIRECTOR
Notwithstanding any other provision of this Section or 15A NCAC 02D .1100, upon a written finding that a source or facility emitting toxic air pollutants presents an unacceptable risk to human health based on the acceptable ambient levels in 15A NCAC 02D .1104 or epidemiology studies, the Director shall require the owner or operator of the source or facility to submit a permit application to comply with 15A NCAC 02D .1100 for any or all of the toxic air pollutants emitted from the facility.

History Note:	Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45;
Rule originally codified as part of 15A NCAC 2H .0610;
Eff. July 1, 1998;
Readopted Eff. July 1, 2018.

SECTION .0800 - EXCLUSIONARY RULES

15A NCAC 02Q .0801	PURPOSE AND SCOPE
(a)  This Section establishes categories of facilities that may be exempt from the requirements of 15A NCAC 02Q .0500, 15A NCAC 02D .1111, or 40 CFR Part 63 by defining their potential emissions to be less than:
(1)	100 tons per year of each regulated air pollutant;
(2)	10 tons per year of each hazardous air pollutant; and
(3)	25 tons per year of all hazardous air pollutants combined;
as determined by criteria set out in each individual source category rule.
(b)  A maximum achievable control technology (MACT) standard promulgated pursuant to 40 CFR Part 63 shall be used to determine the applicability of that MACT standard, notwithstanding any exemption established in this Section.
(c)  Potential emissions of hazardous air pollutants limited through the procedures of this Section may be used to determine the applicability of specific requirements of 40 CFR Part 63 to a facility.
(d)  The owner or operator of a facility or source qualified to be governed pursuant to a rule in this Section who chooses not to be governed pursuant to that rule shall notify the Director in writing that he or she does not want the facility or source to be governed by this Section, and this Section shall no longer apply to that facility or source.
(e)  Violations of rate-based emission limits or other applicable requirements shall not be excused by reliance on emission limits or caps set forth in this Section.
(f)  An exemption pursuant to this Section from the requirements set forth in 15A NCAC 02Q .0500, 15A NCAC 02D.1111, or 40 CFR Part 63 shall not affect the requirements of 15A NCAC 02Q .0300, Construction and Operation Permit.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 1999;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0802	GASOLINE SERVICE STATIONS AND DISPENSING FACILITIES
(a)  For the purpose of this Rule the following definitions shall apply:
(1)	"Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.
(2)	"Gasoline service station" means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks.
(b)  This Rule shall apply only to gasoline service stations and gasoline dispensing facilities that are in compliance with 15A NCAC 02D .0928.
(c)  Potential emissions form gasoline service stations and gasoline dispensing facilities shall be determined using actual gasoline throughput.
(d)  A gasoline service station or gasoline dispensing facility that has an annual throughput, on a calendar month rolling average basis, of less than 15,000,000 gallons shall be exempt from the requirements of 15A NCAC 02Q .0500.
(e)  The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from 15A NCAC 02Q .0500 shall submit a report containing the information described in Paragraph (f) of this Rule if:
(1)	annual throughput exceeds 10,000,000 gallons, by the end of the month following the month that throughput exceeds 10,000,000 gallons and every 12 months thereafter;
(2)	annual throughput exceeds 13,000,000 gallons, by the end of the month following the month that throughput exceeds 13,000,0000 gallons and every six months thereafter; or
(3)	annual throughput exceeds 15,000,000 gallons, by the end of the month following the month that throughput exceeds 15,000,000 gallons and shall submit a permit application pursuant to 15A NCAC 02Q .0500.
(f)  The report required by Paragraph (e) of this Rule shall include:
(1)	the name and location of the gasoline service station or gasoline dispensing facility;
(2)	the annual throughput of gasoline for each of the 12-month periods ending on each month since the previous report was submitted, including monthly gasoline throughput for each month required to calculate the annual gasoline throughput for each 12-month period; and
(3)	the signature of the responsible official, as defined in 15A NCAC 02Q .0303, certifying as to the truth and accuracy of the report.
(g)  The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall provide documentation of annual throughput to the Director upon request. The owner or operator of a gasoline service station or gasoline dispensing facility exempted by this Rule from the requirements of 15A NCAC 02Q .0500 shall retain records to document annual throughput for all 12-month periods during the previous three years.
(h)  For facilities governed by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Readopted Eff. April 1, 2018.

15a ncac 02q .0803	COATING, SOLVENT CLEANING, GRAPHIC ARTS OPERATIONS
(a)  For the purposes of this Rule, the following definitions shall apply:
(1)	"Coating operation" means a process in which paints, enamels, lacquers, varnishes, inks, dyes, glues, and other similar materials are applied to wood, paper, metal, plastic, textiles, or other types of substrates.
(2)	"Solvent cleaning operation" means the use of solvents containing volatile organic compounds to clean soils from metal, plastic, or other types of surfaces.
(3)	"Graphic arts operation" means the application of inks to form words, designs, or pictures to a substrate, usually by a series of application rolls each with only partial coverage and usually using letterpress, offset lithography, rotogravure, or flexographic process.
(b)  Potential emissions from a coating operation, solvent cleaning operation, or graphic arts operation shall be determined using actual emissions without accounting for any air pollution control devices to reduce emissions of volatile organic compounds or hazardous air pollutants, including perchloroethylene, methyl chloroform, and methyl chloride, from the coating operation, solvent cleaning operation, or graphic arts operation. All volatile organic compounds; hazardous air pollutants that are also volatile organic compounds; and perchloroethylene, methyl chloroform, and methyl chloride shall be assumed to evaporate and be emitted into the atmosphere at the source.
(c)  Paragraphs (e) through (m) of this Rule shall not apply to any facility whose potential emissions are greater than or equal to:
(1)	100 tons per year of each regulated air pollutant;
(2)	10 tons per year of each hazardous air pollutant; or
(3)	25 tons per year of all hazardous air pollutants combined,
as determined by criteria set out in each individual source category rule.
(d)  A maximum achievable control technology (MACT) standard promulgated pursuant to 40 CFR Part 63 shall be used to determine the applicability of that MACT standard, notwithstanding any exemption established in this Rule.
(e)  With the exception of Paragraph (c) of this Rule, the owner or operator of a coating, solvent cleaning, or graphics arts operation shall be exempt from the requirements of 15A NCAC 02Q .0500, provided that the owner or operator of the facility complies with Paragraphs (g) through (k) of this Rule, as appropriate.
(f)  Only Paragraph (b) of this Rule shall apply to coating operations, solvent cleaning operations, or graphic arts operations that are exempt from permitting by 15A NCAC 02Q .0102.
(g)  The owner or operator of a facility whose potential emissions:
(1)	of volatile organic compounds are less than 100 tons per year but more than or equal to 75 tons per year;
(2)	of each hazardous air pollutant is less than 10 tons per year but more than or equal to 7.5 tons per year; or
(3)	of all hazardous air pollutants combined are less than 25 tons per year but more than or equal to 18 tons per year,
shall maintain records and submit reports as described in Paragraphs (h) and (k) of this Rule.
(h)  For facilities governed by Paragraph (g) of this Rule, the owner or operator shall:
(1)	maintain monthly consumption records of each material used that contains volatile organic compounds as follows:
(A)	the quantity of volatile organic compound in pounds per gallon of each material used;
(B)	the pounds of volatile organic compounds of each material used per month and the total pounds of volatile organic compounds of each material used during the 12-month period ending on that month;
(C)	the quantity of each hazardous air pollutant in pounds per gallon of each material used;
(D)	the pounds of each hazardous air pollutant of each material used per month and the total pounds of each hazardous air pollutant of each material used during the 12-month period ending on that month;
(E)	the quantity of all hazardous air pollutants in pounds per gallon of each material used; and
(F)	the pounds of all hazardous air pollutants of each material used per month and the total pounds of all hazardous air pollutants of each material used during the 12-month period ending on that month; and
(2)	submit to the Director each quarter, or more frequently if required by a permit condition, a report summarizing emissions of volatile organic compounds and hazardous air pollutants containing the following:
(A)	the pounds volatile organic compounds used:
(i)	for each month during the quarter; and
(ii)	for each 12-month period ending on each month during the quarter using the 12-month rolling average method;
(B)	the greatest quantity in pounds of an individual hazardous air pollutant used:
(i)	for each month during the quarter; and
(ii)	for each 12-month period ending on each month during the quarter using the 12-month rolling average method; and
(C)	the pounds of all hazardous air pollutants used:
(i)	for each month during the quarter; and
(ii)	for each 12-month period ending on each month during the quarter using the 12-month rolling average method.
(i)  The owner or operator of a facility whose potential emissions:
(1)	of volatile organic compounds are less than 75 tons per year;
(2)	of each hazardous air pollutant is less than 7.5 tons per year, and
(3)	of all hazardous air pollutants combined are less than 18 tons per year,
shall maintain records and submit reports as described in Paragraphs (j) and (k) of this Rule.
(j)  For facilities governed by Paragraph (i) of this Rule, the owner or operator shall submit to the regional supervisors of the appropriate Division regional office by March 1 of each year, or more frequently if required by a permit condition, a report summarizing emissions of volatile organic compounds and hazardous air pollutants containing the following:
(1)	the number of pounds of volatile organic compounds used during the previous calendar year;
(2)	the number of pounds of the highest individual hazardous air pollutant used during the previous year; and
(3)	the number of pounds of all hazardous air pollutants used during the previous year.
(k)  In addition to the specific reporting requirements for sources governed by Paragraphs (g) and (i) of this Rule, the owner or operator of the source shall:
(1)	maintain purchase orders and invoices of materials containing volatile organic compounds, which shall be made available to the Director upon request;
(2)	retain purchase orders and invoices for a period of at least three years;
(3)	report to the Director any exceedance of a requirement of this Rule within one week of occurrence; and
(4)	certify all submittals as to the truth, completeness, and accuracy of all information recorded and reported over the signature of a responsible official as defined in 15A NCAC 02Q .0303.
(l)  Copies of all records required to be maintained pursuant to Paragraphs (h), (j) or (k) of this Rule shall be maintained at the facility and shall be available for inspection by personnel of the Division.
(m)  The Director shall maintain a list of facilities governed by this Rule.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Amended Eff. April 1, 2001; April 1, 1999;
Readopted Eff. April 1, 2018.

15A NCAC 02Q .0804	DRY CLEANING FACILITIES
(a)  For the purpose of this Rule, the following definitions shall apply:
(1)	"Dry cleaning facility" means an establishment with one or more dry cleaning systems as defined in 40 CFR 63.321.
(2)	"Perchloroethylene consumption" means the total volume of perchloroethylene purchased based upon purchase receipts or other reliable measures.
(b)  Potential emissions from dry cleaning facilities shall be determined using perchloroethylene consumption.
(c)  A dry cleaning facility that has a yearly perchloroethylene consumption as determined pursuant to 40 CFR 63.323(d) of less than 10 tons shall be exempt from the requirements of 15A NCAC 02Q .0500.
(d)  The owner or operator of a dry cleaning facility shall report perchloroethylene consumption in accordance with 40 CFR 63.324.
(e)  For facilities covered by this Rule, the owner or operator shall report to the Director any exceedance of a requirement of this Rule within one week of its occurrence.

History Note:	Authority G.S. 143-215.3(a); 143-215.107(a)(10); 143-215.108;
Eff. August 1, 1995;
Readopted Eff. April 1, 2018.

15a ncac 02q .0805	GRAIN ELEVATORS
(a)  This Rule shall apply to grain elevators that only:
(1)	receive grain directly from the farm; and
(2)	clean, dry, grind, or store grain before it is transported elsewhere.
(b)  This Rule shall not apply to:
(1)	facilities that process grain beyond cleaning, drying, or grinding; or
(2)	facilities that use:
(A)	tunnel belts; or
(B)	head houses and elevator legs vented to cyclonic control devices.
(c)  Potential emissions from grain elevators shall be determined using tons of grain received or shipped, whichever is greater.
(d)  A grain elevator that receives or ships less than 588,000 tons of grain per year shall be exempt from the requirements of 15A NCAC 02Q .0500.
(e)  The owner or operator of a grain elevator that receives or ships:
(1)	less than 392,000 tons of grain per year shall retain records of annual tons of grain received or shipped at the site. These records shall be made available to Division personnel upon request of the Division; or
(2)	at least 392,000 but less than 588,000 tons of grain per year shall retain records of annual tons of grain received or shipped at the site and shall submit to the regional supervisor of the appropriate Division regional office, by March 1 of each year, a report containing the following information:
(A)	the name and location of the grain elevator;
(B)	the number of tons of grain received and shipped during the previous calendar year; and
(C)	the signature of a responsible official as defined in 15A NCAC 02Q .0303 certifying as to the truth and accuracy of the report.