Track I – Title V Permitting

NCMA WorkshopMarch 19 and 24, 2015

Betty Gatano, P.E.Permitting Section

North Carolina Division of Air Quality, Raleigh, NC(919) 707-8736

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Insignificant Activities

Modifications◦ 502(b)(10)◦ Minor modifications

Common application errors

Questions and answers

Title V Permitting

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2Q .0503(7) – Insignificant by category◦ Mobile sources, janitorial services, etc.

2Q .0503(8) – Insignificant by size◦ Emissions of criteria pollutants before controls < 5

tons/year◦ HAP emissions before controls < 1000 pounds/year

2Q .0102(b)(1 – 7) aka “Filters”◦ MACT, NSPS, PSD, NSR, etc.

Permitting Insignificant Activities - Previous Procedures

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2Q .0503(7) – Insignificant by category◦ Mobile sources, janitorial services, etc.

2Q .0503(8) – Insignificant by size◦ Emissions of criteria pollutants before controls < 5 tons/year◦ HAP emissions before controls < 1000 pounds/year

New Sources – when permitted

Existing Sources – when requested

Permitting Insignificant Activities - Current Procedures

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Compliance expected

2Q .0508(15) – TV permit includes “all sources including insignificant activities.”

Permitting Insignificant Activities - Final Thoughts

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502(b)(10) change defined in 2Q .0503(16)◦ “changes that [do not] contravene an express permit

term or condition”

No modification to the permit is needed if…◦ The change is not a modification under 15A NCAC 2D or

Title I of the CAA;◦ The change does not cause an emissions exceedance;◦ The Permittee notifies the DAQ and the EPA in writing at

least seven days before the change; and◦ The notification is attached to the permit.

502(b)(10) Changes

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Examples of 502(b)(10) changes◦ Replacing an emission/process unit with an identical unit◦ Increasing or changing fuels or raw materials that do not

result in an emissions increase◦ Installing emission control equipment◦ Changing the filter size of an existing bagfilter

502(b)(10) Changes

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October 1, 2013 memorandum

Procedures◦ Permittee provides written notice to EPA and DAQ at

least seven days prior.◦ DAQ acknowledges receipt of the 502(b)(10) notification. ◦ DAQ does not review change.◦ DAQ adds change at renewal/significant modification.◦ Permittee keeps a copy of the notification form and

interim conditions with TV permit.

502(b)(10) Changes

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Common Mistakes◦ Not including proposed condition/permitting

terms◦ Submitting 502(b)(10) request for insignificant

activities◦ Submitting 502(b)(10) request when modification

is required

Questions – please ask!◦ Request applicability determination

502(b)(10) Changes

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Permittee can make changes prior to receiving permit ◦ Not applicable to state-enforceable only rules

Minor modifications are changes that: ◦ Do not violate any existing requirement in the current Title V air quality

permit.◦ Do not result in any significant change in existing monitoring, reporting or

recordkeeping provisions in my current permit. ◦ Do not require a case-by-case determination (e.g. BACT).◦ Are not a modification under Title I of the federal Clean Air Act.◦ Are not a significant modification per 5A NCAC 2Q .0516.◦ Do not require a change to an existing permit term that was taken to avoid

an applicable requirement (e.g. PSD avoidance condition).◦ Do not require a permit under the NC Toxics program.

2Q .0515 - Minor Modifications: Implementing Minor Modification Prior to Permit

Revisions

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Reminder◦ Procedures are not applicable to state-

enforceable only rules. Permit must be issued before making these changes.

2Q .0515 - Minor Modifications: Implementing Minor Modification Prior to Permit Revisions

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October 1, 2013 memorandum

Procedures◦ Permittee submits application, which includes proposed/interim permit

conditions.◦ DAQ issues completeness determination within 10 days of receipt of

complete application.◦ Permittee can make proposed changes after receipt of completeness

determination. ◦ DAQ processes the application like “regular” (i.e., 90 day processing time)

minor modifications.

Risks◦ The applicant assumes all financial risks associated with construction and

operation without a permit revision.

2Q .0515 - Minor Modifications: Implementing Minor Modification Prior to Permit

Revisions

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2Q .0516◦ Not minor modifications, administrative

amendments, ownership changes, or 502b(10) changes

What about TV Significant Modifications?

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Inappropriate signature No local zoning consistency determination Incorrect number of copies No PE seal Incomplete/inaccurate/missing forms Incomplete/inaccurate emission factors

and/or calculations

Common Application Errors

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Title V Permitting Procedures (2Q .0500)

2Q .0507 (b) … The application form shall be certified by a responsible official

for truth, accuracy, and completeness.

40 CFR 70.2Responsible official means one of the following:(1) For a corporation: a president, secretary, treasurer, or vice-

president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

Errors: Inappropriate Signature

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2Q .0507(d)(1) for a new facility or an expansion of existing facility, a

consistency determination according to G.S. 143-215.108(f) that:(A) bears the date of receipt entered by the clerk of the local government, or(B) consists of a letter from the local government indicating that all zoning or subdivision ordinances are met by the facility;

(2) for a new facility or an expansion of existing facility in an area without zoning, an affidavit and proof of publication of a legal notice as required under Rule .0113 of this Subchapter;

Errors: No Local Zoning Consistency Determination

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Application submitted to the Regional Office

Number of Copies◦ Three copies for Title V Facilities ◦ Six copies for emission sources subject to 2D .0530,

2D .0531, or 2D .1200, plus one additional copy for each affected State

◦ Three copies of any modeling analysis/report and one copy of the modeling files

Errors: Number of Copies

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2Q .0112(b)A professional engineer … shall be required to seal technical portions of air permit applications … that involve:

(1) design;(2) determination of applicability and appropriateness; or(3) determination and interpretation of performance; of air pollution capture and control systems.

Errors: Omitting PE Seal

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PE Seal not required◦ Control device integral to the process◦ Paint spray booths without VOC capture and

controls◦ PM emission sources with air flow rates <

10,000 actual cubic feet per minute◦ Permit renewals with no modifications◦ Others as specified in 2Q .0112.

Errors: Omitting PE Seal

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Missing/inaccurate data

Incomplete references

Readability

Missing forms◦ Emission Source Applicable Regulation Listing (E2)

Errors: Forms

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Do you see the problem?

Nothing is known!

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Do you see the problem?

Which table do we use? Why are facility-wide emissions form referenced?

Missing information

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Do you see the problem?

How are emissions calculated?EF, Material balance, testing, etc.

Baseline selection not explained.

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Include a narrative

Provide example calculations

Provide CD or e-mail calculations

Suggestions

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QUESTIONS