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Air Quality Rules Update. North Carolina Division of Air Quality Outside Involvement Committee Meeting February 19, 2013. 3 Hearings January 15, 2013, Kannapolis Hearing Officer: Benne Hutson Hearing 1- VOC CTG RACT Rules

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air quality rules update

Air Quality Rules Update

North Carolina Division of Air Quality

Outside Involvement Committee MeetingFebruary 19, 2013

january rule hearings

3 Hearings January 15, 2013, Kannapolis Hearing Officer: Benne Hutson

  • Hearing 1- VOC CTG RACT Rules
  • Hearing 2- Revision of NSR PSD significant level for NOx for PM2.5 and Adoption of PM2.5 Increment
  • Hearing 3- 15A NCAC 02Q .0102 Clarification
  • Comment period ended Feb. 1, 2013
January Rule Hearings
hearing 1

Hearing 1- VOC CTG RACT Rules

  • 15A NCAC 02D .0902, .0909, .0903, .0951, .0961, .0962, 02Q .0102
  • Adjust applicability to cover <100 tpy sources in CTG categories for consistency with Clean Air Act
  • Transitions 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 11

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 1
hearing 2

Hearing 2 – NSR PSD PM2.5 Revisions

  • 15A 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 2
hearing 21

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 2
hearing 22

1-22-2013-Sierra Club v. EPA

  • Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC); vacated and remanded to EPA
  • 2 commenters
  • Working to finalize record and obtain hearing officer approval
  • Request adoption March EMC meeting, if possible
Hearing 2
hearing 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
Hearing 3
air toxics session law changes

S.L. 2012-91

  • Reports required by Section 3 and 4 provided to ERC Dec. 1, 2012
  • Concept presented to AQC in January
  • Working on draft rule and fiscal note
  • Stakeholder meeting tentatively March 20, 2013, DENR Green Square Building Training Room
  • Anticipate draft rules at July AQC
  • Reports at http://www.ncair.org/rules/toxics/
Air Toxics Session Law Changes
air 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
Air Toxics – Section 3
recommendations for rule changes

Develop an additional set of emissions thresholds for pollutants coming from unobstructed vertical stacks

  • Exempt natural gas and propane fired boilers
  • Exempt emergency engines
  • Eliminate SIC call
  • Clarify use of actual rate of emissions
  • Remove the term “unadulterated wood” from rules
Recommendations for Rule Changes
asbestos aal correction

Calculation error in original recommendation identified by SAB

  • No impact anticipated
  • Plan to include with S.L. 2012-91 changes
Asbestos AAL Correction
arsenic 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
Arsenic AAL Revision
inspection and maintenance i m session law changes

S. L. 2012-199

  • Exempts three most recent model year vehicles with <70,000 miles on odometer from emissions inspection
  • Updating Section 02D .1000 rules
  • Statutory definitions of hybrid vehicles
  • Draft Rule and Fiscal Note in process
Inspection and Maintenance (I&M) Session Law Changes
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