15A NCAC 02Q .0306. PERMITS REQUIRING PUBLIC PARTICIPATION

(a)  The Director shall provide for public notice for comments with an opportunity for the public to request a public hearing on draft permits for the following:

(1)           any source that may be designated by the Director based on public interest relevant to air quality;

(2)           a source to which 15A NCAC 02D .0530 or .0531 applies;

(3)           a source whose emission limitation is based on a good engineering practice stack height that exceeds the height defined in 15A NCAC 02D .0533(a)(4)(A), (B), or (C);

(4)           a source required to have controls more stringent than the applicable emission standards in 15A NCAC 02D .0500 according to 15A NCAC 02D .0501 when necessary to comply with an ambient air quality standard under 15A NCAC 02D .0400;

(5)           alternative controls different than the applicable emission standards in 15A NCAC 02D .0900 according to 15A NCAC 02D .0952;

(6)           a limitation on the quantity of solvent borne ink that may be used by a printing unit or printing system according to 15A NCAC 02D .0961 and .0965;

(7)           an allowance of a particulate emission rate of 0.08 grains per dry standard cubic foot for an incinerator constructed before July 1, 1987, in accordance with 15A NCAC 02D .1204(c)(2)(B) and .1208 (b)(2)(B);

(8)           an alternative mix of controls under 15A NCAC 02D .0501(f);

(9)           a source that is subject to the requirements of 15A NCAC 02D .1109 or .1112;

(10)         a source seeking exemption from the 20-percent opacity standard in 15A NCAC 02D .0521 under 15A NCAC 2D .0521(f);

(11)         a source using an alternative monitoring procedure or methodology under 15A NCAC 02D .0606(g) or .0608(g); or

(12)         when the owner or operator requests that the draft permit go to public notice with an opportunity to request a public hearing.

(b)  On the Division's website, the Director shall post a copy of the draft permit that changes classification for a facility by placing a physical or operational limitation in it to avoid the applicability of rules in 15A NCAC 02Q .0500.  Along with the draft permit, the Director shall also post a public notice for comments with an opportunity to request a public hearing on that draft permit.  The public notice shall contain the information specified in Paragraph (c) of Rule .0307 of this Section and shall allow at least 30 days for public comment.

(c)  If EPA requires the State to submit a permit as part of the North Carolina State Implementation Plan for Air Quality (SIP) and if the Commission approves a permit containing any of the conditions described in Paragraph (a) of this Rule as a part of the SIP, the Director shall submit the permit to the EPA on behalf of the Commission for inclusion as part of the federally approved SIP.

 

History Note:        Authority G.S. 143-215.3(a)(1),(3); 143-215.108; 143-215.114A; 143-215.114B; 143-215.114C;

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. September 1, 2010; January 1, 2007; August 1, 2004; July 1, 2000; July 1, 1999; July 1, 1998.