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Department of Environmental Quality

Draft Air Quality Rules Readoption, Group 5AQC Meeting – January 9, 2019

Rule Groups & Anticipated General Timing


Tentative Rule Readoption Schedule (Subject to Change)Group Rules* Stakeholder Meeting Target EMC Adoption

1 02D .0100, .0200, .0300, .0400, .1300, .2000, .2200, .

December 2, 2016 January 2018Effective: 1/1/2018 02D .2203, 2/1/2018

2 02Q .0100, .0200, .0300, .0400, .0500, .0800, .0900

March 6, 2017 March/April 2018 Effective:4/1/2018

3 02D .1100, .1200, .1700**, 02Q .0700

June 5, 2017 Summer 2018 Effective: 7/1/2018 02D .1204, 3/1/2018

4 02D .0540, .1800, .1900

February 13, 2018 Spring 2019End Stakeholder Comments: 2/28/2018

5 02D .0600, .2100, 2300#, .2600

June 28, 2018 Fall 2019

6 02D .0500, .0900, .1000**, .1400

Spring/Summer 2019 Winter/Spring 202002D .1000 Effective 7/1/2018

* Some rules may shift groups as process progresses.** 02D .1000 and .1700 are on separate tracks from the rest of rules up for readoption. 02D .1000 effective July 1,

2018.# 02D .2300 deferred from Group 1 for further DAQ consideration post stakeholder; to be processed withGroup 5.

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H74 Group 5 Rules• Monitoring, Reporting, Recordkeeping

‒ 15A NCAC 02D .0600, Particulates from Fugitive Dust Emission Sources

• NC Risk Management Program Rules (CAA Section 112(r))‒ 15A NCAC 02D .2100, Risk Management Program

• NC Source Testing Rules‒ 15A NCAC 02D .2600, Source Testing

• 06/28/2018 Stakeholder Meeting• 07/13/2018 Stakeholder Comments Due• 01/09/2019 Draft Rules to Air Quality Committee (AQC)


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H74 Group 5 Rules Preliminary UpdatesNC Monitoring, Reporting, Recordkeeping Rules - 15A NCAC 02D .0600

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Rule Substantive Changes Procedural Changes15A NCAC 02D .0601 N/A Change in reference format.

(Format of references will be updated throughout rules.)

15A NCAC 02D .0602 N/A Administrative and technical changes.

15A NCAC 02D .0604 N/A Administrative and technical changes. Clarification that exemption not applicable for poorly operated monitoring system and other rules may override general exemption for <

30 days operation in 12 mos. period.

15A NCAC 02D .0605 N/A Clarify Director obligation regarding extension of record retention timeframe

15A NCAC 02D .0606 N/A Administrative and technical changes. Updates to reflect current methods.

15A NCAC 02D .0607 N/A Administrative and technical changes to remove obsolete language and update

methods.



H74 Group 5 Rules Preliminary UpdatesNC Monitoring, Reporting, Recordkeeping Rules - 15A NCAC 02D .0600

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Rule Substantive Changes Procedural Changes15A NCAC 02D .0610 N/A Administrative and technical changes.


15A NCAC 02D .0612 N/A Administrative and technical changes. Updates to references to federal methods.

Removal of obsolete language for consistency with other readopted rules.

15A NCAC 02D .0613 N/A Administrative and technical changes. Update to reflect option of method included

in promulgated rule.

15A NCAC 02D .0614 N/A Administrative and technical changes. Language clarification for consistency with

federal language.

15A NCAC 02D .0615 N/A Administrative change.


H74 Group 5 Rules Preliminary UpdatesNC Risk Management Program Rules - 15A NCAC 02D .2100

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Rule Substantive Changes Procedural Changes15A NCAC 02D .2101 N/A Administrative and technical changes.

Updates to rule references, to remove redundant language and outdated

requirements and clarify language for consistency with federal requirements in 40

CFR Part 68.

15A NCAC 02D .2102 N/A N/A

15A NCAC 02D .2103 N/A Administrative update for consistency with federal rule language.

15A NCAC 02D .2104 N/A Administrative and technical changes. Update language for consistency with 40

CFR Part 68, updates to rule references and cross references. Removed unnecessary

language.

H74 Group 5 Rules• Recent Federal Activity on Risk Management Program (RMP) Rules (CAA Section 112(r))• 01/26/2017 EPA published in FR delaying effective date of RMP amendments rule for a

short period• EPA delayed effective date of June 14m 2017 RMP rule amendments on March 16, 2017

and June 14, 2017• 08/17/2018 U.S. Court of Appeals for the District of Columbia Circuit issued its decision

vacating the June 14, 2017 rule (82 FR 27133) which had initially delayed the effective date of the amendments rule until 02/19/2019

• 9/21/2018 Court issued mandate making the RMP amendments rule effective• 12/03/2018 FR Announcement

• Amendments to Risk Management Program published in FR 01/14/2017 are in effect

• Adjustment to NC rule not needed at this time


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H74 Group 5 Rules Preliminary UpdatesNC Banking Emission Reduction Credits Rules – 15 NCAC 02D .2300

Rule Substantive Changes Procedural Changes15A NCAC 02D .2301 NA Administrative and technical changes.

15A NCAC 02D .2302 NA Administrative and technical changes.

15A NCAC 02D .2303 Clarifying language to reflect change in attainment status added. Language updated to reflect additional programs have come into

existence since rule originally adopted.

Administrative change.

15A NCAC 02D .2304 N/A Administrative changes.

15A NCAC 02D .2305 Language revised for consistency with readopted 02Q .0303 regarding responsible

official.

Administrative and technical changes. Update to formatting.

15A NCAC 02D .2306 NA Duplicative language removed. Update to formattingl

15A NCAC 02D .2307 Unnecessary language eliminated because PSD program itself precludes use of credits in

a netting demonstration.

Administrative and technical changes. Update to formatting.

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H74 Group 5 Rules Preliminary UpdatesNC Banking Emission Reduction Credits Rules – 15 NCAC 02D .2300

Rule Substantive Changes Procedural Changes15A NCAC 02D .2308 NA Administrative change.

15A NCAC 02D .2309 Language revised for clarification. NA

15A NCAC 02D .2310 Clarification of language.. Administrative changes and updates of formatting.

15A NCAC 02D .2311 N/A Removal of unnecessary language.

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Rule Substantive Changes Procedural Changes15A NCAC 02D .2308 NA Administrative change.

15A NCAC 02D .2309 NA Language revised for clarification.

15A NCAC 02D .2310 Clarification of language.. Administrative changes and updates of formatting.

15A NCAC 02D .2311 N/A Removal of unnecessary language.


H74 Group 5 Rules Preliminary UpdatesNC Source Testing Rules – 15 NCAC 02D .2600

Rule Substantive Changes Procedural Changes15A NCAC 02D .2601 Specify 45-day in advance testing submittal of

requests to use new/alternative test methods. Added reference to QA/QC requirements for

audit samples.

Administrative and technical changes. Update format/list of exceptions. Update format of Rule citations.

15A NCAC 02D .2602 Seeking comment on Paragraph (f) requirement for submittal of test report within 30 days after sampling. Added requirement to submit signed compliance statement with test report. Added information to be submitted for

noncompliant test reports. Remove vague language regarding demonstrating deviation

from specified method is appropriate.

Administrative and technical changes. Rearrangement of paragraphs.

Update format of Section and Rule citations.

15A NCAC 02D .2603 Specify additional information to be included in testing protocol.

NA.

15A NCAC 02D .2604 N/A Administrative and technical changes. Updates to formatting. Replace term

“breach” with term “duct”.

15A NCAC 02D .2605 NA Administrative and technical changes. Update to formatting.

15A NCAC 02D .2606 NA Update to formatting.

15A NCAC 02D .2607 NA NA

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Rule Substantive Changes Procedural Changes

15A NCAC 02D .2608 Clarification that tests must be done for each operating condition and be three

consecutive tests.

NA

15A NCAC 02D .2609 Add subparagraph for existing equation, revise format of equation and clarify

associated definitions. Move portion of paragraph to new subparagraph. Add

Method 202.

Update format.

15A NCAC 02D .2610 Add clarification that Method 22 is based on time that emissions are visible.

Update formatting.

15A NCAC 02D .2611 Update reference to ASTM method numbers and remove obsolete methods.

Convert potions of paragraphs to subparagraphs. Reorganize

paragraphs.

15A NCAC 02D .2612 NA Update formatting.

15A NCAC 02D .2613 NA Updating reference to ASTM method. Update formatting.

15A NCAC 02D .2614 NA Administrative and technical changes. Rearranging paragraphs.

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15A NCAC 02D .2608 Clarification that tests must be done for each operating condition and be three

consecutive tests.

NA

15A NCAC 02D .2609 Add subparagraph for existing equation, revise format of equation and clarify

associated definitions. Move portion of paragraph to new subparagraph. Add

Method 202.

Update format.

15A NCAC 02D .2610 Add clarification that Method 22 is based on time that emissions are visible.

Update formatting.

15A NCAC 02D .2611 Update reference to ASTM method numbers and remove obsolete methods.

Convert potions of paragraphs to subparagraphs. Reorganize

paragraphs.

15A NCAC 02D .2612 NA Update formatting.

15A NCAC 02D .2613 NA Updating reference to ASTM method. Update formatting.

15A NCAC 02D .2614 Clarification of requirements. Administrative and technical changes. Rearranging paragraphs.



15A NCAC 02D .2615 Clarification for consistency with federal language. Reorganization of paragraphs.

Updated website reference.

Update format of Rule citations.

15A NCAC 02D .2616 Clarified language. Updated reference to include Methods 26 and 26A.

Updated formatting.

15A NCAC 02D .2617 NA. Updated formatting and language clarification.

15A NCAC 02D .2618 Updated list of available methods. Updated format to list.

15A NCAC 02D .2619 NA Update of formatting and internet address.

15A NCAC 02D .2620 NA Update of formatting and language clarification.

15A NCAC 02D .2621 Revised title to describe calculation of emissions using F Factor. Included

reference to .2601(e) specifying Director has 45 days to evaluate alternative

methods.

Administrative and technical changes..


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H74 Group 5 Rules• Fiscal Note approved by Office of State Budget and Management (OSBM) on November

26, 2018 as having little to no impact on state or local governments and no substantial economic impact.

• 15A NCAC 02D .2602 has minor impact to private sector in form of preparation and submittal of a written plan for achieving compliance for those sources submitting a non-compliant test report.

• Cost estimated to be $5,076 per year over the next five years.• 4 hours labor at $141/hour• Total cost of $564

• Estimate of total cost derived based on historical average number of NOVs issued per year for a non-compliant test report

• Written plan starts process of attaining compliance sooner as opposed to waiting for 40-90 day DAQ review period.

• The plan will reduce time facility is in non-compliance and thus reduce exposure of pollutants to North Carolina citizens.


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Group 5 Rules Tentative Timing(subject to change)


• 3/7/2018 Concept to Air Quality Committee (AQC)

• 6/28/2018 Stakeholder Meeting

• 1/8/2019 Draft Rules to AQC

• 3/14/2019 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC)

• 4/15/2019- Public Comment Period and Hearing6/14/2019

• 9/12/2019 Readoption by EMC

• 10/17/2019 Rules Review Commission Approval

• 11/1/2019 Tentatively Effective

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Next Up


• Next Group…– H74 Group 6 Rules

• 15A NCAC 02D .0500, Emission Control Standards• 15A NCAC 02D .0900, Volatile Organic Compounds• 15A NCAC 02D .1400, Nitrogen Oxides

– Also:• 02D .0403, Total Suspended Particulate Matter

– Stakeholder meeting tentatively scheduled for early to mid 2018.

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H74 Group 5 Rules

• DAQ requests approval to proceed to the EMC in March to request approval to proceed to public comment and hearing on the proposed readoption of Group 5 Rules - 15A NCAC 02D .0600-.0615, .2100-.2104, .2300-.2311, and .2600-.2621 and the associated fiscal note.


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Contact


Joelle Burleson, EIT, CPMSenior Regulatory AdvisorDivision of Air Quality, Planning SectionNorth Carolina Department of Environmental Quality

919 707 8720 [email protected]

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mailto:[email protected]


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draft air quality rules readoption, group 5 aqc meeting ... quality/calendar/planning...group 5...

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