15A NCAC 02Q .0302. FACILITIES NOT LIKELY TO CONTRAVENE DEMONSTRATION

(a)  This Rule applies only to this Section. It does not apply to Section .0500 (Title V Procedures) of this Subchapter.

(b)  If a facility is subject to any of the following rules, the facility is not exempted from permit requirements, and the exemptions in Paragraph (c) of this Rule do not apply:

(1)           new source performance standards under 15A NCAC 2D .0524 or 40 CFR Part 60, except new residential wood heaters;

(2)           national emission standards for hazardous air pollutants under 15A NCAC 2D .1110 or 40 CFR Part 61, except asbestos demolition and renovation activities;

(3)           prevention of significant deterioration under 15A NCAC 2D .0530;

(4)           new source review under 15A NCAC 2D .0531 or .0532;

(5)           sources of volatile organic compounds subject to the requirements of 15A NCAC 2D .0900 that are located in Mecklenburg and Gaston Counties;

(6)           sources required to apply maximum achievable control technology for hazardous air pollutants under 15A NCAC 2D. 1109, .1112 or under 40 CFR Part 63 or to apply generally available control technology (GACT) or work practice standards under 40 CFR Part 63;

(7)           sources at facilities subject to 15A NCAC 2D .1100; or

(8)           facilities subject to Title V permitting procedures under Section .0500 of this Subchapter.

(c)  The owner or operator of any facility required to have a permit under this Section may request the Director to exempt the facility from the requirement to have a permit. The request shall be in writing. Along with the request, the owner or operator shall submit supporting documentation to show that air quality and emission control standards will not be, nor are likely to be, contravened. This documentation shall include:

(1)           documentation that the facility has no air pollution control devices;

(2)           documentation that no source at the facility will violate any applicable emissions control standard when operating at maximum design or operating rate, whichever is greater; and

(3)           ambient modeling showing that the ambient impact of emissions from the facility will not exceed the levels in 15A NCAC 2D .0532(c)(5) when all sources at the facility are operated at maximum design or operating rate, whichever is greater.

If the documentation shows to the satisfaction of the Director that air quality and emission control standards will not be, nor are likely to be, contravened, a permit shall not be required.

 

History Note:        Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent

rule becomes effective, whichever is sooner;

Authority G.S. 143‑215.3(a)(1); 143‑215.108;

Eff. July 1, 1994;

Amended Eff. July 1, 1998; July 1, 1996.