air quality rules update north carolina division of air quality outside involvement committee...
TRANSCRIPT
Air Quality Rules UpdateAir Quality Rules Update
North Carolina Division of Air Quality
Outside Involvement Committee MeetingFebruary 19, 2013
January Rule HearingsJanuary Rule Hearings
3 Hearings January 15, 2013, Kannapolis Hearing Officer: Benne Hutson
Hearing 1- VOC CTG RACT RulesHearing 2- Revision of NSR PSD significant level
for NOx for PM2.5 and Adoption of PM2.5 Increment
Hearing 3- 15A NCAC 02Q .0102 ClarificationComment period ended Feb. 1, 2013
Hearing 1Hearing 1
Hearing 1- VOC CTG RACT Rules15A NCAC 02D .0902, .0909, .0903, .0951, .0961,
.0962, 02Q .0102Adjust applicability to cover <100 tpy sources in
CTG categories for consistency with Clean Air ActTransitions requirements to contingency
measures upon redesignation of the Charlotte Gastonia area for the 1997 8-hour ozone NAAQS and provides flexibility via site-specific determinations through permitting
Hearing 1 Hearing 1
4 commenters, generally supportive
Staff recommending majority of wording changes suggested to 02D .0961 and .0962
Working to finalize record and obtain hearing officer approval
Request adoption March EMC meeting
Hearing 2Hearing 2
Hearing 2 – NSR PSD PM2.5 Revisions15A NCAC 02D .0530, Prevention of Significant
Deterioration, and 15A NCAC 02D .0531, Sources in Nonattainment Areas
Adjust NOx threshold for purposes of PM2.5 from 140 tpy to reflect federal 40 tpy significant threshold
Incorporate increments for PM2.5
Hearing 2Hearing 2
D.C. Circuit Court Decisions
1-4-2013-NRDC and Sierra Club v. EPA
PM2.5 should be regulated under Title I, Part D, subpart 4 vs. subpart 1 of CAA; remanded 2007 PM2.5 National Ambient air Quality Standards (NAAQS) Implementation Rule and 2008 New Source Review (NSR)/Prevention of Significant Deterioration (PSD) rule to EPA
Hearing 2Hearing 2
1-22-2013-Sierra Club v. EPASignificant Impact Levels (SILs) and Significant
Monitoring Concentration (SMC); vacated and remanded to EPA
2 commentersWorking to finalize record and obtain hearing
officer approvalRequest adoption March EMC meeting, if possible
Hearing 3Hearing 3
Hearing 3-15A NCAC 02Q .0102 Clarification
Clarifies sources previously determined exempted in 2Q .0702 and otherwise exempted not required to obtain under 2Q .0102
No comments received.
Staff recommending adoption
Working to obtain hearing officer approval
Air Toxics Session Law ChangesAir Toxics Session Law Changes
S.L. 2012-91Reports required by Section 3 and 4 provided to
ERC Dec. 1, 2012Concept presented to AQC in JanuaryWorking on draft rule and fiscal noteStakeholder meeting tentatively March 20, 2013,
DENR Green Square Building Training Room Anticipate draft rules at July AQCReports at http://www.ncair.org/rules/toxics/
Air Toxics – Section 3Air Toxics – Section 3
Requires DAQ to review the State air toxics rules and their implementation to determine whether changes could:◦Reduce unnecessary regulatory burden◦Increase the efficient use of DAQ resources while maintaining protection of public health
Conduct the review in consultation with interested parties
Report the results of the review and include recommendations to the ERC by 12/1/12
10
Recommendations for Rule Recommendations for Rule ChangesChanges
1. Develop an additional set of emissions thresholds for pollutants coming from unobstructed vertical stacks
2. Exempt natural gas and propane fired boilers
3. Exempt emergency engines4. Eliminate SIC call5. Clarify use of actual rate of emissions6. Remove the term “unadulterated wood”
from rules
Asbestos AAL CorrectionAsbestos AAL Correction
Calculation error in original recommendation identified by SAB
No impact anticipated
Plan to include with S.L. 2012-91 changes
Arsenic AAL RevisionArsenic AAL Revision
Proposal to revise arsenic AAL based on SAB’s recommendation
AAL changing from 2.3 x10-7 to 2.1 X10-6
TPER changing from 0.016 lbs/yr to 0.053 lbs/yr
Fiscal Note approved by OSBM
Request proceed to hearing at next EMC meeting
Inspection and Maintenance (I&M) Inspection and Maintenance (I&M) Session Law ChangesSession Law Changes
S. L. 2012-199Exempts three most recent model year vehicles
with <70,000 miles on odometer from emissions inspection
Updating Section 02D .1000 rulesStatutory definitions of hybrid vehiclesDraft Rule and Fiscal Note in process
Next MeetingsNext Meetings
AQC March 13, 2013, 3:00 p.m.-5:00 p.m.
EMC March 14, 2013, 9:00 a.m.
