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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

January Rule Hearings


Hearing 1

  • Hearing 1- VOC CTG RACT Rules Benne Hutson

  • 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 Benne Hutson

  • 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 Benne Hutson

  • 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 Benne Hutson

  • 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- Benne HutsonSierra 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 Benne Hutson

  • 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 Benne Hutson

  • 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

Asbestos AAL Correction


Arsenic aal revision

Arsenic AAL Revision


Inspection and maintenance i m session law changes

  • S. L. 2012-199 recommendation

  • 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


Next meetings

Next Meetings


Air quality rules update

North Carolina Division of Air Quality recommendation

Joelle Burleson

Planning

Joelle.Burleson@ncdenr.gov

919-707-8720