North Carolina Administrative Code

15A NCAC 02P .0408 Performance-based Cleanups History Note: Authority G.S. 143-215.94B(f); 143-215.94D(f); S.L. 2001, c. 442, s. 6b; Temporary Adoption Eff. July 1, 2002; Eff. July 1, 2004; Expired Eff. April 1, 2018 pursuant to G.S. 150B-21.3A.

subchapter 02q - AIR QUALITY PERMITS PROCEDURES section .0100 - GENERAL PROVISIONS 15A NCAC 02Q .0101 REQUIRED AIR QUALITY PERMITS (a) No owner or operator shall do any of the following activities, unless otherwise exempted, without first applying for and obtaining an air quality…

15A NCAC 02Q .0102 ACTIVITIES EXEMPTED FROM PERMIT REQUIREMENTS (a) For the purposes of this Rule, the definitions listed in 15A NCAC 02D .0101 and 15A NCAC 02Q .0103 shall apply. (b) This Rule shall not apply to: (1) facilities whose potential emissions require a permit pursuant…

15a NCAC 02Q .0103 DEFINITIONS For the purposes of this Subchapter, the definitions in G.S. 143-212 and G.S. 143-213 and the following definitions apply: (1) "Administrator" means, when it appears in any Code of Federal Regulation incorporated by reference in 15A NCAC 02Q, the Di…

15a ncac 02Q .0104 WHERE TO OBTAIN AND FILE PERMIT APPLICATIONS (a) A person may obtain application forms for a permit or permit modification from the Division of Air Quality website at https://deq.nc.gov/about/divisions/air-quality/air-quality-permitting. A person may request to…

15A NCAC 02Q .0105 COPIES OF REFERENCED DOCUMENTS (a) Copies of the Code of Federal Regulations (CFR) sections referred to in this Subchapter may be obtained free of charge online at https://www.govinfo.gov/app/collection/cfr/. Copies of the rules are also available for public in…

15A NCAC 02Q .0106 INCORPORATION BY REFERENCE (a) The CFRs referenced in this Subchapter shall be incorporated by reference and shall include subsequent amendments and editions unless a rule specifies otherwise. (b) The CFR may be obtained free of charge online at https://www.gpo…

15A NCAC 02Q .0107 CONFIDENTIAL INFORMATION (a) All information required to be submitted to the Commission or the Director pursuant to 15A NCAC 02Q or 02D shall be disclosed to the public unless the person submitting the information demonstrates that the information is entitled t…

15A NCAC 02Q .0108 DELEGATION OF AUTHORITY The Director may delegate the processing of permit applications and the issuance of permits to the Deputy Director, the regional office air quality supervisor, or any supervisor in the Permitting Section of the Division of Air Quality. T…

15A NCAC 02q .0109 COMPLIANCE SCHEDULE FOR PREVIOUSLY EXEMPTED ACTIVITIES (a) If a source has been exempt from permitting but, because of change in permit exemptions, it is now required to have a permit: (1) if the source is located at a facility that currently has an air quality…

15A NCAC 02Q .0110 RETENTION OF PERMIT AT PERMITTED FACILITY The permittee shall retain a copy of all active permits issued pursuant to this Subchapter at the facility identified in the permit. History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143-215.109; Temporary Adop…

15A NCAC 02Q .0111 APPLICABILITY DETERMINATIONS Any person may submit a request in writing to the Director requesting a determination as to whether a particular source or facility that the person owns or operates or proposes to own or operate is subject to any of the permitting r…

15A NCAC 02Q .0112 APPLICATIONS REQUIRING PROFESSIONAL ENGINEER SEAL (a) If required by G.S. 89C, a professional engineer shall seal technical portions of air permit applications for new sources and modifications of existing sources as defined in 15A NCAC 02Q .0103 that involve: …

15A NCAC 02Q .0113 NOTIFICATION IN AREAS WITHOUT ZONING (a) State and local governments shall be exempt from this Rule. (b) Before a person submits a permit application for a new or expanded facility in an area without zoning, he or she shall: (1) publish a legal notice in a news…

SECTION .0200 - PERMIT FEES 15A NCAC 02Q .0201 APPLICABILITY (a) This Section shall apply to all permitted facilities. (b) A general facility obtaining a permit pursuant to 15A NCAC 02Q .0509 shall comply with provisions of this Section that are applicable to a Title V facility e…

15a ncac 02q .0202 DEFINITIONS For the purposes of this Section, the following definitions apply: (1) "Actual emissions" means the actual rate of emissions in tons per year of any air pollutant emitted from the facility over the preceding calendar year. Actual emissions shall be …

15A NCAC 02Q .0203 PERMIT AND APPLICATION FEES (a) The owner or operator of any facility holding a permit shall pay the following annual permit fees: ANNUAL PERMIT FEES (FEES FOR CALENDAR YEAR 2021) Facility Category Tonnage Factor Basic Permit Fee Nonattainment Area Added Fee Ti…

15A NCAC 02Q .0204 INFLATION ADJUSTMENT Beginning in 2012, the fees of 15A NCAC 02Q .0203 for Title V facilities shall be adjusted as of January 1st of each year for inflation. The inflation adjustment shall be done by the method described in 40 CFR 70.9(b)(2)(iv). The tonnage fa…

15A NCAC 02Q .0205 OTHER ADJUSTMENTS (a) If a facility other than a Title V facility has been in full compliance with all applicable administrative, regulatory, and self-monitoring reporting requirements and permit conditions during the previous calendar year, the annual permit f…

15A NCAC 02Q .0206 PAYMENT OF FEES (a) Payment of fees required pursuant to 15A NCAC 02Q .0200 may be by check or money order made payable to the N.C. Department of Environmental Quality. Annual permit fee payments shall refer to the permit number. (b) If, within 30 days after be…

15A NCAC 02Q .0207 ANNUAL EMISSIONS REPORTING (a) The owner or operator of a Title V facility shall report by June 30th of each year the actual emissions during the previous calendar year of: (1) volatile organic compounds; (2) nitrogen oxides; (3) total suspended particulates; (…

SECTION .0300 - CONSTRUCTION AND OPERATION PERMITS 15A NCAC 02Q .0301 APPLICABILITY (a) Except for the permit exemptions allowed pursuant to 15A NCAC 02Q .0102 and 15A NCAC 02Q .0900 or as allowed pursuant to G.S. 143-215.108A, the owner or operator of a new, modified, or existin…

15A NCAC 02Q .0302 FACILITIES NOT LIKELY TO CONTRAVENE DEMONSTRATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 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; Am…

15A NCAC 02Q .0303 DEFINITIONS For the purposes of this Section, the following definitions apply: (1) "Modified facility" means a modification of an existing facility or source and: (a) the permitted facility or source is being modified in such a manner as to require a new or rei…

15A NCAC 02Q .0304 APPLICATIONS (a) Obtaining and filing application. Permit, permit modification, or permit renewal applications may be obtained and shall be filed according to 15A NCAC 02Q .0104. (b) Information to accompany application. Along with filing a complete application…

15A NCAC 02Q .0305 APPLICATION SUBMITTAL CONTENT If an applicant does not submit the following information with the application package, the application package shall be considered incomplete for processing: (1) for new facilities and modified facilities: (a) an application fee r…

15A NCAC 02Q .0306 PERMITS REQUIRING PUBLIC PARTICIPATION (a) The Director shall provide 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 pu…

15A NCAC 02Q .0307 PUBLIC PARTICIPATION PROCEDURES (a) This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR P…

15A NCAC 02Q .0308 FINAL ACTION ON PERMIT APPLICATIONS (a) The Director may: (1) issue a permit, permit modification, or a renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B; (2) rescind a permit upon request by the permittee; or (3) de…

15A NCAC 02Q .0309 TERMINATION, MODIFICATION AND REVOCATION OF PERMITS (a) The Director may terminate, modify, or revoke and reissue any permit issued pursuant to this Section if: (1) the information contained in the application or presented in support thereof is determined to be…

15A NCAC 02Q .0310 PERMITTING OF NUMEROUS SIMILAR FACILITIES (a) The Director shall not issue a single permit for more than one facility pursuant to this Rule unless: (1) there is no difference between the facilities that would require special permit conditions for any individual…

15A NCAC 02Q .0311 PERMITTING OF FACILITIES AT MULTIPLE TEMPORARY SITES The Director shall not issue a single permit authorizing emissions from a facility or source at multiple temporary sites unless the permit includes: (1) the identification of each site; (2) the conditions tha…

15A NCAC 02Q .0312 APPLICATION PROCESSING SCHEDULE (a) The Division shall adhere to the following schedule for processing applications for permits, permit modifications, and permit renewals: (1) for permit applications, except for prevention of significant deterioration pursuant …

15A NCAC 02Q .0313 EXPEDITED APPLICATION PROCESSING SCHEDULE (a) Using the procedures contained in this Rule may result in a permit that EPA does not recognize as a valid permit. (b) An applicant may file an application to follow the expedited review for application certified by …

15A NCAC 02Q .0314 GENERAL REQUIREMENTS for all Permits (a) All emissions limitations, controls, and other requirements imposed by a permit issued pursuant to this Section shall be at least as stringent as any other applicable requirement as defined pursuant to 15A NCAC 02Q .0103…

15A NCAC 02Q .0315 SYNTHETIC MINOR FACILITIES (a) A synthetic minor facility means a facility whose permit contains terms and conditions to avoid the procedures of 15A NCAC 02Q .0500, Title V Procedures. (b) The owner or operator of a facility to which 15A NCAC 02Q .0500 applies …

15A ncac 02q .0316 ADMINISTRATIVE PERMIT AMENDMENTS (a) An "administrative permit amendment" means a permit revision that: (1) corrects typographical errors; (2) identifies a change in the name, address, or telephone number of any individual identified in the permit or provides a…

15a ncac 02q .0317 AVOIDANCE CONDITIONS (a) The owner or operator of a facility may request that terms and conditions be placed in that facility's permit to avoid the applicability of: (1) 15A NCAC 02D .0530, Prevention of Significant Deterioration; (2) 15A NCAC 02D .0531, Source…

15A NCAC 02Q .0318 Changes Not Requiring Permit Revisions (a) This Rule applies to sources that are not exempt pursuant to 15A NCAC 02Q .0102 and to facilities that have been issued an air quality permit pursuant to this Section. (b) An owner or operator of a facility may make ch…

section .0400 – acid rain procedures 15A NCAC 02Q .0401 PURPOSE AND APPLICABILITY (a) The purpose of this Rule is to implement Phase II of the federal acid rain program pursuant to the requirements of Title IV of the Clean Air Act as provided in 40 CFR Parts 72 and 76. (b) This S…

15A NCAC 02Q .0402 ACID RAIN PERMITTING PROCEDURES (a) For the purpose of this Rule the definitions contained in 40 CFR 72.2 and 76.2 and the measurements, abbreviations, and acronyms contained in 40 CFR 72.3 shall apply. (b) Affected units as defined in 40 CFR 72.6, 76.1, or 15A…

SECTION .0500 - TITLE V PROCEDURES 15A NCAC 02Q .0501 PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT (a) The purpose of this Section is to establish an air quality permitting program as required pursuant to Title V of the Clean Air Act and 40 CFR Part 70. (b) With the exception …

15A NCAC 02Q .0502 APPLICABILITY (a) Except as provided in Paragraph (b) or (c) of this Rule, the following facilities are required to obtain a permit pursuant to this Section: (1) major facilities; (2) facilities with a source subject to 15A NCAC 02D .0524 or 40 CFR Part 60, exc…

15A NCAC 02Q .0503 DEFINITIONS For the purposes of this Section, the definitions in G.S. 143-212, G.S. 143-213, 15A NCAC 02Q .0103, and the following definitions apply: (1) "Affected States" means all states or local air pollution control agencies whose areas of jurisdiction are:…

15A NCAC 02Q .0504 OPTION FOR OBTAINING CONSTRUCTION AND OPERATION PERMIT (a) Pursuant to 15A NCAC 02Q .0501(b)(2) or (c)(2), the owner or operator of a new or modified facility subject to the requirements of this Section that chooses to obtain a construction and operation permit…

15A NCAC 02Q .0505 APPLICATION SUBMITTAL CONTENT If an applicant does not submit the following information with its application package, the application package shall be returned: (1) for new facilities and modified facilities: (a) an application fee as required pursuant to 15A N…

15A NCAC 02Q .0506 INITIAL PERMIT APPLICATION SUBMITTAL History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108; 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, 1…

15A NCAC 02Q .0507 APPLICATION (a) Except for: (1) minor permit modifications covered pursuant to 15A NCAC 02Q .0515; (2) significant modifications covered pursuant to 15A NCAC 02Q .0516(c); or (3) renewals submitted pursuant to 15A NCAC 02Q .0513; the owner or operator of a new …

15A NCAC 02Q .0508 PERMIT CONTENT (a) A permit shall specify and reference the origin and authority for each term or condition and shall identify differences compared to the applicable requirement on which the term or condition is based. (b) A permit shall specify emission limita…

15A NCAC 02Q .0509 PERMITTING OF NUMEROUS SIMILAR FACILITIES (a) The Director shall not issue a single permit to cover numerous similar facilities or sources unless a notice and opportunity for public participation has been provided as required by 15A NCAC 02Q .0521. (b) The Dire…