Agenda 20- JBURLESON Group 6 Hearing Powerpoint 06-17-20...

Department of Environmental Quality

Group 6 Air Quality Rules Readoption

Environmental Management Commission Meeting – July 9, 2020

Rule Groups & Anticipated General TimingTentative 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 .1000, .1100, .1200, 02Q .0700

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

4 02D .0540, .1800, .1900

February 13, 2018 Summer 2019Adopted: 7/11/2019Effective: 9/1/2019

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

June 28, 2018 Fall 2019Adopted: 9/12/2019Effective: 11/1/2019

6 02D .0403, .0500, .0900, .1400, .1700, .2615, .0615

June 24, 2019 Summer/Fall 2020

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Deadline for EMC Readoption of all Air Quality Rules: December 31, 2020

H74 Group 6 Rules

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• Ambient Air Quality Standards‒ 15A NCAC 02D .0403, Total Suspended Particulates

• Emission Control Standards‒ 15A NCAC 02D .0500

• Volatile Organic Compounds‒ 15A NCAC 02D .0900

• Nitrogen Oxides‒ 15A NCAC 02D .1400

• Municipal Solid Waste Landfills‒ 15A NCAC 02D .1700

• Group 5 Rules• 15A NCAC 02D .2615, Determination of Leak Tightness and Vapor Leaks• 15A NCAC 02D .0615, Delegation

• 06/24/2019 Stakeholder Meeting

• 07/15/2019 Stakeholder Comments Due

• 11/13/2019 Draft Rules to Air Quality Committee (AQC)

• 01/09/2020 Request to Proceed to Hearing to Environmental Management Commission (EMC)


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Hearing Report on H74 Readoption of Group 6 Air Quality Rules

Hearing: March 31, 2020 – DAQ’s 1st Virtual Hearing

Hearing Officer: Commissioner Donna Davis

Comment Period: February 17, 2020 - April 17, 2020

Hearing Attendees• North Carolina Petroleum Council representative, Multiple DAQ

and DEQ staff, South Carolina Department of Health, Environment and Conservation (SCDHEC) representative

H74 Group 6 Rules Comments and Responses Summary

• 108 rules proposed for readoption

• 6 sets of comments were received from:• Duke Energy, WestRock, North Carolina Manufacturers Alliance,

Mecklenburg County Air Quality, NC DAQ Permitting Section, and U.S. Environmental Protection Agency, Region 4

• Majority of comments were minor typographical, grammatical, or formatting related in nature or requested clarification

• Changes were made to several rules as a result of the comments


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H74 Group 6 Rules Comments and Responses SummaryEmission Control Standards - 15A NCAC 02D .0500

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Rule Comment Response

15A NCAC 02D .0504Particulates From Wood Burning Indirect Heat Exchangers

Request for clarification on 02D .0504(e) related to the allowable emission limit for

wood burning indirect heat exchangers used for comfort heat

-Revised the language to align with 02D .0503 and change does not alter enforcement or implementation

of the rule

15A NCAC 02D .0530Prevention Of Significant Deterioration

NCMA and Duke Energy requested that the requirement to obtain a permit prior to

construction in 02D .0530(u) be removed.DAQ Permitting Section recommended several typographical and grammatical

changes.EPA asked whether the IBR dates in apply

to all federal regulations and do not include changes that the State does not intend to

adopt.

DAQ removed the term “application” and restored the term “notification”; amended the reporting requirement

for a source where projected actual emissions are less than 50% of the significance threshold; and incorporated recommended typographical and

grammatical changes.The DAQ has an IBR rule in 15A NCAC 02D .0104 that includes subsequent amendments and editions

unless the rule specifies otherwise.

H74 Group 6 Rules Comments and Responses SummaryEmission Control Standards - 15A NCAC 02D .0500

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15A NCAC 02D .0531Sources In Nonattainment Areas

DAQ Permitting Section recommended several typographical and grammatical

changes.

DAQ incorporated recommended typographical and grammatical changes.

15A NCAC 02D .0532Sources Contributing To An Ambient Violation


changes.

DAQ incorporated recommended typographical and grammatical changes.

15A NCAC 02D .0544Prevention Of Significant Deterioration Requirements ForGreenhouse Gases


changes.

Administrative and technical changes. Reference to CFR updated. Minor clarifications and wording

changes.

H74 Group 6 Rules Comments and Responses SummaryVolatile Organic Compounds - 15A NCAC 02D .0900

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15A NCAC 02D .0902Applicability

MCAQ recommended clarifications The DAQ incorporated changes where appropriate.

15A NCAC 02D .0926Bulk Gasoline Plants

EPA requested definition of cargo tank from .0932 be added to .0926 and .0927.

The DAQ accepted the recommended change.

15A NCAC 02D .0927Bulk Gasoline Terminals

Removal of unused definitions; updates and revisions of definitions; deletion of dates that

have passed; language rewording/simplification.

Administrative and technical changes. Format of rule references. Minor wording changes.

15A NCAC 02D .0932Gasoline Truck Tanks and Vapor Collection Systems

EPA requested the reference to “psia” be retained in 02D .0932(a)(7).

The DAQ retained “psi” to align with the unit used by EPA’s Gasoline Standards.


15A NCAC 02D .2615Determination of Leak Tightness and Vapor Leaks

The EPA asked the DAQ to discuss the effect of including a reference to 49 CFR 180.407 as

an alternative to Method 27 for annual certification of leak tightness for tank trucks in

02D .2615.

The DAQ no longer certifies or maintains a state specific cargo tank inspection program and defers to the federal testing program. The DAQ will continue requiring recordkeeping of the inspections and any

leak related repairs.

Source Testing - 15A NCAC 02D .2600

H74 Group 6 Rules Comments and Responses SummaryVolatile Organic Compounds - 15A NCAC 02D .0900

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15A NCAC 02D .0943Synthetic Organic Chemical and Polymer Manufacturing

EPA stated that changing “may” to “shall” in 02D .0943(i) curbs the Director’s discretion to determine appropriate reduction in frequency

of monitoring.

The DAQ agreed and retained the original language.

15A NCAC 02D .0947 Manufacture Of Synthesized Pharmaceutical Products

Addition of + symbol.0947(c)(3)(B) appears to be SIP strengthening.

The rule always included the ± symbol; however, certain versions of Word would mask this symbol,

therefore the symbol became hidden.

15A NCAC 02D .0958Work Practices For Sources Of Volatile Organic Compounds

Addition of the “June 1, 2000” date in 02D .0958(f) narrows the scope of sources subject

to the rule.

The date references the repeal date of the 02D .0518 Rule and requires older sources to comply with a rule

in 02D .0900.


H74 Group 6 Rules Comments and Responses SummaryNitrogen Oxides - 15A NCAC 02D .1400

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15A NCAC 02D .1402Applicability

EPA noted that 02D .1402(h)(5) excludes small stationary engines that operate limited

hours during the ozone season, but this exemption is not included in the SIP.

The DAQ has submitted both temporary and permanent versions for these rules and has received

approval from EPA for all of the 02D .1400 rules.

15A NCAC 02D .1404 Recordkeeping: Reporting: Monitoring

A commenter asked for confirmation that 02D .1404(j) allows the use of alternative

monitoring.

The DAQ assessed its current SIP-approved rules for the NOx SIP Call and determined that a separate rulemaking will be needed to properly address this

comment.

15A NCAC 02D .1418New Electric Generating Units, Boilers, Combustion Turbines, And I/C Engines

The EPA stated that the requirements in 02D .1418(a)(1) and (a)(2) include different limits for gaseous and solid fuels in comparison to liquid fuels and are not included in the SIP.

The DAQ has submitted both temporary and permanent versions for these rules and have received

approval from EPA for all the 02D .1400 rules.

Municipal Solid Waste Landfills- 15A NCAC 02D .1700

No Comments Received

H74 Group 6 Rules with Minor Typographical and Grammatical Changes

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Rule

15A NCAC 02D .0501 Compliance With Emission Control Standards

15A NCAC 02D .0503 Particulates From Fuel Burning Indirect Heat Exchangers

15A NCAC 02D .0516 Sulfur Dioxide Emissions From Combustion Sources

15A NCAC 02D .0533 Stack Height

15A NCAC 02D .0543 Best Available Retrofit Technology

15A NCAC 02D .0909 Compliance Schedules For Sources In Ozone Nonattainment And Maintenance Areas

15A NCAC 02D .0931 Cutback Asphalt

15A NCAC 02D .0933 Petroleum Liquid Storage in External Floating Roof Tanks

15A NCAC 02D .0935 Factory Surface Coating Of Flat Wood Paneling

15A NCAC 02D .0948 VOC Emissions From Transfer Operations

15A NCAC 02D .0955 Thread Bonding Manufacturing

15A NCAC 02D .0961 Offset Lithographic Printing And Letterpress Printing

H74 Group 6 Rules with Minor Typographical and Grammatical Changes

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Rule

15A NCAC 02D .0962 Industrial Cleaning Solvents

15A NCAC 02D .0963 Fiberglass Boat Manufacturing Materials

15A NCAC 02D .0964 Miscellaneous Industrial Adhesives

15A NCAC 02D .0965 Flexible Package Printing

15A NCAC 02D .0966 Paper, Film And Foil Coatings

15A NCAC 02D .0967 Miscellaneous Metal And Plastic Parts Coatings

15A NCAC 02D .1403 Compliance Schedules

15A NCAC 02D .1407 Boilers And Indirect-fired Process Heaters

H74 Group 6 Rules – Fiscal Note• Fiscal Note approved by Office of State Budget and Management (OSBM) 12/6/2020 as

having state government and substantial economic impacts

• Rule package has substantial economic impact• Elimination of state specific cargo tank inspection facility certification program• Elimination of obsolete annual average opacity determination• Incorporation of reference to updated MSWL applicability threshold

• Proposed amendments reduce burden on both regulated community and DAQ

• Proposed amendments will not interfere with attainment or maintenance of any National Ambient Air Quality Standard (NAAQS)

• No changes to fiscal note based on comments received


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Group 6 Rules Tentative Timing(subject to change)

• 6/24/2019 Stakeholder Meeting

• 9/11/2019 Concept to Air Quality Committee (AQC)

• 11/13/2019 Draft Rules to AQC

• 1/9/2020 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC)

• 2/17/2020- Public Comment Period and Hearing 4/17/2020

• 7/9/2020 Readoption by EMC

• 8/20/2020 Rules Review Commission Approval

• 9/1/2020 Tentatively Effective

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H74 Group 6 Rules Readoption Process

Thanks to:

Commissioner Donna Davis for serving as hearing officer

DAQ staff and management

Stakeholders who participated throughout Group 6 process

AQC and EMC members and Counsel

DEQ Rulemaking Coordinator Jennifer Everett


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H74 Group 6 Rules Readoption


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Questions?

Hearing Officer’s Recommendation

• The Hearing Officer recommends the proposed Group 6 readoptions and repeals, with the recommended changes, as presented in Chapter II, and the OSBM approved fiscal note in Chapter VI of this hearing report be adopted by the Environmental Management Commission.


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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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Agenda 20- JBURLESON Group 6 Hearing Powerpoint 06-17-20...

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