April 13,
2006
Mr. Hunt Leavitt
President
McKee Craft
Dear Mr. Leavitt:
SUBJECT: Air Quality Permit No. 09550T01
Facility ID: 7800215
McKee
Craft
Fee Class: Title V
In
accordance with your completed Air Quality Permit Application for a First Time Title V permit received May
26, 2004, and additional information received on October 5, 2005, we are
forwarding herewith Air Quality Permit No. 09550T01 to McKee
Craft, Marion, Robeson County, North Carolina authorizing the operation,
as outlined in Part I, and the
construction, as outlined in Part II, of the emission source(s) and associated
air pollution control device(s) specified herein. Additionally, any emissions activities
determined from your Air Quality Permit Application as being insignificant per
15A North Carolina Administrative Code 2Q .0503 have been listed for
informational purposes. Please note the
requirements for the annual compliance certification are contained in General
Condition P in Section 3 of Part I. The current owner is responsible for
submitting a compliance certification for the entire year regardless of who
owned the facility during the year.
As the designated responsible official
it is your responsibility to review, understand, and abide by all of the terms
and conditions of the attached permit.
It is also your responsibility to ensure that any person who operates
any emission source and associated air pollution control device subject to any
term or condition of the attached permit reviews, understands, and abides by
the condition(s) of the attached permit that are applicable to that particular
emission source.
If any
parts, requirements, or limitations contained in this Air Quality Permit are
unacceptable to you, you have the right to request a formal adjudicatory
hearing within 30 days following receipt of this permit, identifying the
specific issues to be contested. This
hearing request must be in the form of a written petition,
Mr. Hunt Leavitt
April 13, 2006
Page 2
conforming to NCGS (North Carolina General
Statutes) 150B-23, and filed with both the Office of Administrative
Hearings, 6714
You may request modification of your
Air Quality Permit through informal means pursuant to NCGS 150B-22. This request must be submitted in writing
to the Director and must identify the specific provisions or issues for which
the modification is sought. Please note
that this Air Quality Permit will become final and binding regardless of a
request for informal modification unless a request for a hearing is also made
under NCGS 150B-23.
The
construction of new air pollution emission source(s) and associated air
pollution control device(s), or modifications to the emission source(s) and air
pollution control device(s) described in this permit must be covered under an
Air Quality Permit issued by the Division of Air Quality prior to construction
unless the Permitee has fulfilled the requirements of GS 143-215-108(b) and
received written approval from the Director of the Division of Air Quality to
commence construction. Failure to
receive an Air Quality Permit or written approval prior to commencing
construction is a violation of GS 143-215.108 and may subject the Permittee to
civil or criminal penalties as described in GS 143-215.114A and 143-215.114B.
In
addition, specific changes and additions as summarized have been made to the
permit (note: this list may not include
all changes and additions): A new Title
V permit.
This Air Quality Permit shall be
effective from April 13, 2006 until March 31, 2011, is nontransferable to
future owners and operators, and shall be subject to the conditions and
limitations as specified therein.
Should you have any questions
concerning this matter, please contact Mr. Michael W. Benson, E.I.T.
(mike.benson@ncmail.net) at (919) 715-6272.
Sincerely
yours,
Laura
S. Butler, P.E.
Chief
Enclosure
c: EPA
Region IV with review
Central Files
|
|
Insignificant
Activities under 15A NCAC 2Q .0503(8)
|
Emission Source Description |
Insignificant Regulation |
Basis for Exemption |
|
Solvent
Cleaning Operations (ID No. I-1) |
15A NCAC
2Q .0503(8) |
Potential emissions do not exceed 5
tons per year of criteria pollutants or 1,000 pounds per year of any HAPs. |
|
One
natural gas-fired space heater (ID No. I-2 ; 500,000 Btu per hour
maximum heat input) |
15A NCAC
2Q .0503(8) |
Potential emissions do not exceed 5
tons per year of criteria pollutants or 1,000 pounds per year of any HAPs. |
|
Six
natural gas-fired space heaters (ID Nos. I-3, I-4, I-5, I-6, I-7, and
I-8 ; 168,000 Btu per hour maximum heat input, each) |
15A NCAC
2Q .0503(8) |
Potential emissions do not exceed 5
tons per year of criteria pollutants or 1,000 pounds per year of any HAPs. |
|
Four
natural gas-fired space heaters (ID Nos. I-9, I-10, I-11, and I-12 ;
115,000 Btu per hour maximum heat input) |
15A NCAC
2Q .0503(8) |
Potential emissions do not exceed 5
tons per year of criteria pollutants or 1,000 pounds per year of any HAPs. |
|
Cut-off/Trimming/Grinding
Operations – small hand tools (ID No. I-13) |
15A NCAC
2Q .0503(8) |
Potential emissions do not exceed 5
tons per year of criteria pollutants or 1,000 pounds per year of any HAPs. |
State of
Department of Environment,
and Natural Resources
AIR QUALITY PERMIT
|
Permit No. |
Replaces Permit No.(s) |
Effective Date |
Expiration Date |
|
09550T1 |
09550R00 |
April 13,
2006 |
March 31,
2011 |
Until such time as this permit expires or is modified or revoked, the
below named Permittee is authorized to operate, as outlined in Part I, and to
construct, as outlined in Part II, the emission source(s) and associated air
pollution control device(s) specified herein, in accordance with the terms,
conditions, and limitations within this permit.
This permit is issued under the provisions of Article 21B of Chapter
143, General Statutes of North Carolina as amended, and Title 15A North
Carolina Administrative Codes (15A NCAC), Subchapters 2D and 2Q, and other
applicable Laws.
Pursuant to Title 15A NCAC, Subchapter 2Q, the Permittee shall not
construct, operate, or modify any emission source(s) or air pollution control
device(s) without having first submitted a complete Air Quality Permit
Application to the permitting authority and received an Air Quality Permit,
except as provided in this permit.
Permittee: McKee Craft
Facility ID: 7800215.05A
City, County, State,
Zip:
Mailing Address:
City, State, Zip:
Application Number: 7800215.05A
Complete Application
Date: May 26, 2004
Renewal Application Due
Date: June 30, 2010
Primary SIC Code: 3732
Division of Air Quality,
Regional Office Address:
Permit issued this the 13th day of April, 2006
_________________________________________________
Laura S. Butler, P.E.,
Chief, Air Permits Section
By Authority of the
Environmental Management Commission
Table
Of Contents
PART
I
SECTION 1: PERMITTED EMISSION SOURCE (S) AND
ASSOCIATED
AIR POLLUTION CONTROL DEVICE (S) AND
APPURTENANCES
SECTION 2: SPECIFIC LIMITATIONS AND CONDITIONS
2.1-
Emission Source(s) Specific Limitations and Conditions (Including specific
requirements, testing, monitoring, recordkeeping, and reporting requirements)
2.2- Multiple Emission Source(s)
Specific Limitations and Conditions (Including
specific requirements, testing, monitoring, recordkeeping, and reporting
requirements)
SECTION 3: GENERAL PERMIT CONDITIONS
ATTACHMENT
List of Acronyms
PART II
This permit contains no
Part II.
PART I
The Division of Air Quality (DAQ), the United States Environmental
Protection Agency (EPA), and citizens as defined under the Federal Clean Air
Act have the authority to enforce the terms, conditions, and limitations
contained in Part I of this permit unless otherwise specified.
Under Title 15A NCAC 2Q, the operation of emission source(s) and
associated air pollution control device(s) and appurtenances listed in Part I
of this permit is based on plans, specifications, operating parameters, and
other information as submitted in the Air Quality Permit Application.
SECTION
1- PERMITTED EMISSION SOURCE (S) AND
ASSOCIATED AIR POLLUTION CONTROL DEVICE (S) AND APPURTENANCES
The following table contains a summary of all permitted emission sources
and associated air pollution control devices and appurtences:
|
Emission Source |
Emission Source Description |
Control Device |
Control Device Description |
|
GC-01 (MACT VVVV) |
Gelcoat
Spray and Brush Application |
N/A |
N/A |
|
R-01
(MACT VVVV) |
Resin
Spray and Hand Lay-up |
N/A |
N/A |
|
MISC-01(MACT
VVVV) |
Tooling,
Putty & Adhesive Application, and Miscellaneous |
N/A |
N/A |
2.1- Emission Source(s) and Control Devices(s) Specific Limitations and Conditions
The emission source(s) and associated air pollution control device(s) and appurtenances listed below are subject to the following specific terms, conditions, and limitations, including the testing, monitoring, recordkeeping, and reporting requirements as specified herein:
A. Gelcoat Spray and Brush
Application (ID No. GC-01)
The following table
provides a summary of limits and standards for the emission source(s) described
above:
|
Regulated Pollutant |
Limits/Standards |
Applicable
Regulation |
|
particulate
matter |
E=4.10(P0.67) where P=process weight in tons per hour |
15A
NCAC 2D .0515 |
|
visible
emissions |
20
percent opacity |
15A
NCAC 2D .0521 |
|
odorous
emissions |
State-enforceable
only - odorous
emissions must be controlled |
15A
NCAC 2D .1806 |
|
hazardous air pollutants |
See Section 2.2.B |
15A NCAC 2D .1111 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.3 |
15A
NCAC 2D
.1100 |
|
volatile organic compounds |
work practice standards -
See Section 2.2.A.1 |
15A NCAC 2D .0958 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.2 State-enforceable
only - See Section
2.2.A.4 |
15A
NCAC 2Q
.0711 15A
NCAC 2Q .0705 |
1. 15A
NCAC 2D .0515: PARTICULATES FROM
MISCELLANEOUS INDUSTRIAL PROCESSES
a. Emissions
of particulate matter from this source shall not exceed an allowable emission
rate as calculated by the following equation:
[15A NCAC 2D .0515(a)]
E = 4.10 x P 0.67 Where E = allowable emission rate in pounds per
hour
P
= process weight in tons per hour
Liquid and gaseous fuels and combustion
air are not considered as part of the process weight.
Testing [15A NCAC 2Q .0501
(c)(3)]
b. If emissions testing is required, the
testing shall be performed in accordance with General Condition JJ. If the results of this test are above the
limit given in Section 2.1 A. 1. a.
above, the Permittee shall be deemed in noncompliance with 15A NCAC 2D
.0515.
Monitoring/Recordkeeping/Reporting
[15A NCAC 2Q
.0508(f)]
c. There are no monitoring, recordkeeping, or
reporting requirements for this source.
2. 15A
NCAC 2D .0521: CONTROL OF VISIBLE
EMISSIONS
a. Visible
emissions from this source shall not be more than 20 percent opacity when
averaged over a six-minute period except that six-minute periods averaging not
more than 87 percent opacity may occur not more than once in any hour nor more
than four times in any 24-hour period. [15A NCAC 2D .0521(c)]
Testing [15A NCAC 2D .0501(c)(8)]
b. If emissions testing is required, the
testing shall be performed in accordance with 15A NCAC 2D .0501(c)(8) and
General Condition JJ. If the results of
this test are above the limit given in Section 2.1.A.2. a. above, the Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring/Recordkeeping/Reporting
[15A NCAC 2Q .0508(f)]
c. There are no monitoring, recordkeeping, or
reporting requirements for this source.
3. 15A
NCAC 2D .1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS – STATE ENFORCEABLE ONLY
a. The Permittee
shall not operate the facility without implementing management practices or
installing and
operating odor control equipment
sufficient to prevent odorous emissions from the facility
from causing or contributing to
objectionable odors beyond the facility's boundary.
B. Resin Spray and Hand Lay-up (ID
No. R-01)
The following table
provides a summary of limits and standards for the emission source(s) described
above:
|
Regulated Pollutant |
Limits/Standards |
Applicable
Regulation |
|
visible
emissions |
20
percent opacity |
15A
NCAC 2D .0521 |
|
odorous
emissions |
State-enforceable
only - odorous
emissions must be controlled |
15A
NCAC 2D .1806 |
|
hazardous air pollutants |
See Section 2.2.B |
15A NCAC 2D .1111 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.3 |
15A
NCAC 2D
.1100 |
|
volatile organic compounds |
work practice standards -
See Section 2.2.A.1 |
15A NCAC 2D .0958 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.2 State-enforceable
only - See Section
2.2.A.4 |
15A
NCAC 2Q
.0711 15A
NCAC 2Q .0705 |
1. 15A
NCAC 2D .0521: CONTROL OF VISIBLE
EMISSIONS
a. Visible
emissions from this source shall not be more than 20 percent opacity when
averaged over a six-minute period except that six-minute periods averaging not
more than 87 percent opacity may occur not more than once in any hour nor more
than four times in any 24-hour period. [15A NCAC 2D .0521(c)]
Testing
[15A NCAC 2D .0501(c)(8)]
b. If emissions testing is required, the
testing shall be performed in accordance with 15A NCAC 2D .0501(c)(8) and
General Condition JJ. If the results of
this test are above the limit given in Section 2.1 B.1. a. above, the Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring [15A NCAC 2Q .0508(f)]
c. There
are no monitoring, recordkeeping, or reporting requirements for this source.
2. 15A
NCAC 2D .1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS – STATE ENFORCEABLE ONLY
a. the Permittee
shall not operate the facility without implementing management practices or
installing and
operating odor control equipment
sufficient to prevent odorous emissions from the facility
from causing or contributing to
objectionable odors beyond the facility's boundary.
C. Tooling, Putty & Adhesive (ID No. MISC-01)
The following table
provides a summary of limits and standards for the emission source(s) described
above:
|
Regulated Pollutant |
Limits/Standards |
Applicable
Regulation |
|
visible
emissions |
20
percent opacity |
15A
NCAC 2D .0521 |
|
odorous
emissions |
State-enforceable
only - odorous
emissions must be controlled |
15A
NCAC 2D .1806 |
|
hazardous air pollutants |
See Section 2.2.B |
15A NCAC 2D .1111 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.3 |
15A
NCAC 2D
.1100 |
|
volatile organic compounds |
work practice standards -
See Section 2.2.A.1 |
15A NCAC 2D .0958 |
|
toxic
air pollutants |
State-enforceable
only - See Section
2.2.A.2 State-enforceable
only - See Section
2.2.A.4 |
15A
NCAC 2Q
.0711 15A
NCAC 2Q .0705 |
1. 15A
NCAC 2D .0521: CONTROL OF VISIBLE
EMISSIONS
a. Visible
emissions from this source shall not be more than 20 percent opacity when
averaged over a six-minute period except that six-minute periods averaging not
more than 87 percent opacity may occur not more than once in any hour nor more
than four times in any 24-hour period. [15A NCAC 2D .0521(c)]
Testing [15A NCAC 2D .0501(c)(8)]
b. If emissions testing is required, the
testing shall be performed in accordance with 15A NCAC 2D .0501(c)(8) and
General Condition JJ. If the results of
this test are above the limit given in Section 2.1 C.1. a. above, the Permittee
shall be deemed in noncompliance with 15A NCAC 2D .0521.
Monitoring/Recordkeeping/Reporting
[15A NCAC 2Q
.0508(f)]
c. There are no monitoring, recordkeeping, or
reporting requirements for this source.
2. 15A
NCAC 2D .1806: CONTROL AND PROHIBITION OF ODOROUS EMISSIONS – STATE ENFORCEABLE ONLY
a. The Permittee
shall not operate the facility without implementing management practices or
installing and
operating odor control equipment
sufficient to prevent odorous emissions from the facility
from causing or contributing to
objectionable odors beyond the facility's boundary.
2.2- Multiple Emission Source(s) Specific
Limitations and Conditions
A. All emission sources.
The following table
provides a summary of limits and standards for the emission sources in Part I:
|
Pollutant |
Source |
Regulation |
|
volatile
organic compounds |
facility-wide
|
15A
NCAC 2D .0958 |
|
toxic
air pollutants |
per
modeled rates |
State Enforceable Only 15A
NCAC 2D .1100 |
|
toxic
air pollutants |
facility-wide |
State Enforceable Only 15A
NCAC 2Q .0711 |
|
toxic
air pollutants |
facility-wide |
State Enforceable Only 15A
NCAC 2Q .0705 |
1. 15A
NCAC 2D .0958: WORK PRACTICES FOR SOURCES OF VOLATILE ORGANIC COMPOUNDS
a. Pursuant
to 15A NCAC 2D .0958 and 2D .0902, for all sources that use volatile organic
compounds (VOC) as solvents, carriers, material processing media, or industrial
chemical reactants, or in similar uses
that mix, blend, or manufacture volatile organic compounds, or emit volatile
organic compounds as a product of chemical reactions, and whose emissions of
VOC are greater than 15 pounds per day; the Permittee shall:
(1) store all material, including waste
material, containing volatile organic compounds in tanks or in containers covered with a tightly fitting lid that is
free of cracks, holes, or other defects, when not in use,
(2)
clean up spills of volatile organic compounds as soon as possible following
proper safety procedures,
(3)
store wipe rags containing volatile organic compounds in closed containers,
(4) not clean sponges, fabric, wood,
paper products, and other absorbent materials with volatile organic compounds,
(5) transfer solvents containing volatile
organic compounds used to clean supply lines and other coating equipment into
closable containers and close such containers immediately after each use, or
transfer such solvents to closed tanks, or to a treatment facility regulated
under section 402 of the Clean Water Act,
(6) clean mixing, blending, and
manufacturing vats and containers containing volatile organic compounds by
adding cleaning solvent and close the
vat or container before agitating the cleaning solvent. The spent cleaning
solvent shall then be transferred into a closed container, a closed tank or a
treatment facility regulated under section 402 of the Clean Water Act. [15A
NCAC 2D .0958(c)]
b. When cleaning parts with a solvent
containing a volatile organic compound, the Permittee shall:
(1)
flush parts in the freeboard area,
(2)
take precautions to reduce the pooling of solvent on and in the parts,
(3) tilt or rotate parts to drain solvent
and allow a minimum of 15 seconds for drying or until all dripping has stopped,
whichever is longer,
(4)
not fill cleaning machines above the fill line,
(5)
not agitate solvent to the point of causing splashing. [15A NCAC 2D .0958(d)]
Monitoring
c. To assure compliance with paragraphs (a)
and (b) above, the Permittee shall, at a minimum, perform a visual inspection
once per month of all operations and processes utilizing volatile organic
compounds and shall immediately initiate any corrective actions required to
meet the requirements of paragraphs (a) and (b) above. The inspections shall be
conducted during normal operations. If the required inspections are not
conducted the permittee shall be deemed to be in noncompliance with 15A NCAC 2D
.0958.
Recordkeeping
d. The results of the inspections shall be
maintained in a logbook (written or electronic format) on-site and made
available to an authorized representative upon request. The logbook shall record the following:
i. the date and time of each inspection; and
ii. the results of each inspection noting
whether or not noncompliant conditions were observed and whether or not
corrective actions taken to restore compliance.
If the required records are not
maintained the permittee shall be deemed to be in noncompliance with 15A NCAC
2D .0958.
Reporting
e. The
Permittee shall submit a summary report of the observations by January 30 of
each calendar year for the preceding six-month period between July and December
and July 30 of each calendar year for the preceding six-month period between
January and June. All instances of
deviations from the requirements of this permit must be clearly identified.
2. 15A
NCAC 2Q .0711: TOXIC AIR POLLUTANT EMISSIONS LIMITATION REQUIREMENT
a. Pursuant
to 15A NCAC 2Q .0711 “Emission Rates Requiring a Permit,” for each of the below
listed toxic air pollutants (TAPs), the Permittee has made a demonstration that
facility-wide actual emissions do not exceed the Toxic Permit Emission Rates
(TPERs) listed in 15A NCAC 2Q .0711. The
facility shall be operated and maintained
in such a manner that emissions of any listed TAPs from the facility, including
fugitive emissions, will not exceed TPERs listed in 15A NCAC 2Q .0711.
b. A
permit to emit any of the below listed TAPs shall be required for this facility
if actual emissions from all sources will become greater than the corresponding
TPERs.
c. PRIOR
to exceeding any of these listed TPERs, the Permittee shall be responsible for
obtaining a permit to emit TAPs and for demonstrating compliance with the
requirements of 15A NCAC 2D.1100 "Control of Toxic Air Pollutants".
d. In
accordance with the approved application, the Permittee shall maintain records
of operational information demonstrating that the TAP emissions do not exceed
the TPERs as listed below:
|
|
TPERs Limitations |
|||
|
Pollutant (CAS Number) |
Carcinogens (lb/yr) |
Chronic Toxicants (lb/day) |
Acute Systemic Toxicants (lb/hr) |
Acute Irritants (lb/hr) |
|
Ethyl
Acetate (141-7806) |
|
|
36 |
|
|
Formaldehyde (50-00-0) |
|
|
|
0.04 |
|
Methyl
Ethyl Ketone (78-93-3) |
|
78 |
|
22.4 |
|
Toluene (108-88-3) |
|
98 |
|
14.4 |
|
Xylene (1330-20-7) |
|
57 |
|
16.4 |
3. TOXIC AIR POLLUTANT EMISSIONS LIMITATION
AND REQUIREMENT
a. Pursuant to 15A NCAC 2D .1100 and in
accordance with the approved application for an air toxic compliance
demonstration, the following permit limit shall not be exceeded:
|
EMISSION
SOURCE |
TOXIC AIR
POLLUTANT |
EMISSION
LIMIT |
|
Facility-Wide |
Styrene
(100-42-5) |
22.0
lb/hr |
b. For
compliance purposes, within 30 days after each calendar year quarter the
following shall be reported to the Regional Supervisor, DAQ:
i. The maximum emission rate of each TAP in pounds
per hour for the sources listed in 2.2.A.4.a.
a. As of October 5, 2005 emissions of toxic air
pollutants have been demonstrated on a facility-wide basis (excluding those
sources exempt under 15A NCAC 2Q .0702 "Exemptions") that each of the
toxic air pollutants (TAPs) emitted from all sources at the facility are either
below its respective toxic permit emission rates (TPER) listed in 15A NCAC 2Q
.0711 - "Emission Rates Requiring a Permit" or the TAPs are in
compliance with 15A NCAC 2D .1100 "Control of Toxic Air Pollutants"
as described elsewhere in this permit.
b. The facility shall be operated and
maintained in such a manner that any new, existing or increased actual
emissions of any TAP listed in 15A NCAC 2Q .0711 or in this permit from all
sources at the facility (excluding those sources exempt under 15A NCAC 2Q .0702
"Exemptions"), including fugitive emissions and emission sources not
otherwise required to have a permit, will not exceed its respective TPER listed
in 15A NCAC 2Q .0711 without first obtaining an air permit to construct or
operate.
c. PRIOR
to exceeding any of the TPERs listed in 15A NCAC 2Q .0711, the Permittee shall
be responsible for obtaining an air permit to emit TAPs and for demonstrating
compliance with the requirements of 15A NCAC 2D .1100 "Control of Toxic
Air Pollutants".
d. The Permittee shall maintain at the
facility records of operational information sufficient for demonstrating to the
Division of Air Quality staff that actual TAPs are less than the rate listed in
15A NCAC 2Q .0711.
e. The TPER table listed in
2.2.A.2.d and 2.2.A.3.a are provided to assist the Permittee in determining
when an air permit is required pursuant to 15A NCAC 2Q .0711 and may not
represent all TAPs being emitted from the facility. This table will be updated
at such time as the permit is either modified or renewed.
B. National
Emission Standards for Hazardous Air Pollutants for Boat Manufacturing effected
sources Gelcoat Spray and Brush Application (ID No. GC-01), Resin Spray and
Hand Lay-up (ID No. R-01), and Tooling, Putty & Adhesive Application (ID
No. MISC-01).
1. 15A NCAC 2D .1111: MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT)
–
40
CFR Part 63 Subpart VVVV
a. For
all sources located at this facility, the Permittee shall comply with all
applicable provisions contained in Environmental Management Commission Standard
15A NCAC 2D .1111, “Maximum Achievable Control Technology” (MACT) as
promulgated in 40 CFR Part 63, Subpart VVVV.
In the event of any wording discrepancy between the terms of this permit
and Federal requirements found at 40 CFR 63, the language found at 40 CFR 63
shall control.
2. 40 CFR 63.5698 Open Molding Resin And Gel Coat Operations
a. Excluding
those processes listed in Section 2.2.A.2.d below, the Permittee shall limit
organic HAP emissions from any open molding operations listed above to the
emission limit specified in paragraph (b) of this condition. Operations listed
in paragraph (d) are exempt from this limit.
i. Production resin.
ii. Pigmented gel coat.
iii. Clear gel coat.
iv. Tooling resin.
v. Tooling gel coat.
b. Limit organic HAP emissions from open
molding operations to the limit specified by equation 1 of this condition,
based on a 12-month rolling average.
HAP Limit =
[46(MR) + 159(MPG) + 291(MCG) + 54(MTR)
+ 214(MTG)] (Equation 1)
Where:
HAP Limit = total allowable organic HAP that can
be emitted from the open molding operations, kilograms.
MR = mass of production resin used in the
past 12 months, excluding any materials exempt under paragraph (d) of this
condition, megagrams.
MPG = mass of pigmented gel coat used in the
past 12 months, excluding any materials exempt under paragraph (d) of this
condition, megagrams.
MCG = mass of clear gel coat used in the
past 12 months, excluding any materials exempt under paragraph (d) of this
condition, megagrams.
MTR = mass of tooling resin used in the past
12 months, excluding any materials exempt under paragraph (d) of this
condition, megagrams.
MTG = mass of tooling gel coat used in the
past 12 months, excluding any materials exempt under paragraph (d) of this
condition, megagrams.
c. The open molding emission limit is the same
for both new and existing sources.
d. The
materials specified in paragraphs (d)(i) through (iii) of this condition are
exempt from the open molding emission limit specified in paragraph (b) of this
condition.
i. Production resins (including skin coat
resins) that must meet specifications for use in military vessels or must be
approved by the U.S. Coast Guard for use in the construction of lifeboats,
rescue boats, and other life-saving appliances approved under 46 CFR subchapter
Q or the construction of small passenger vessels regulated by 46 CFR subchapter
T. Production resins for which this
exemption is used must be applied with nonatomizing (non-spray) resin
application equipment. A record must be
kept of the resins which are being used for this exemption.
ii. Pigmented, clear, and tooling gel coat used for part or mold repair and touch up. The total gel coat materials included in this exemption must not exceed 1 percent by weight of all gel coat used at the facility on a 12-month rolling-average basis. A record must be kept of the amount of gel coats which are being used for this exemption and copies of calculations showing that the exempt amount does not exceed 1 percent of all gel coat used.
iii. Pure, 100 percent vinylester resin used for
skin coats. This exemption does not
apply to blends of vinylester and polyester resins used for skin coats. The total resin materials included in the
exemption cannot exceed 5 percent by weight of all resin used at the facility
on a 12-month rolling-average basis. A
record must be kept of the amount of 100 percent vinylester skin coat resin
used per month that is eligible for this exemption and copies of calculations
showing that the exempt amount does not exceed 5 percent of all resin used.
3. 40 CFR 63.5731 Standards For Resin And Gel
Coat Mixing Operations
a. All resin and gel coat mixing containers
with a capacity equal to or greater than 208 liters, including those used for
on-site mixing of putties and polyputties, must have a cover with no visible
gaps in place at all times.
d. The Permittee
must keep records of which mixing containers are subject to this standard and
the results of the inspections, including a description of any repairs or
corrective actions taken.
4. 40 CFR 63.5734 Standards For Resin And Gel
Coat Application Equipment Cleaning Operations
b. The Permittee
must store organic HAP-containing solvents used for removing cured resin or gel
coat in containers with covers. The covers must have no visible gaps and must
be in place at all times, except when equipment to be cleaned is placed in or
removed from the container. On
containers with a capacity greater than 7.6 liters, the distance from the top
of the container to the solvent surface must be no less than 0.75 times the
diameter of the container. Containers that store organic HAP-containing solvents
used for removing cured resin or gel coat are exempt from the requirements of
40 CFR part 63, subpart T (National Emission Standards for Halogenated Solvent
Cleaning). Cured resin or gel coat means resin or gel coat that has changed
from a liquid to a solid.
5. 40 CFR 63.5701 Complying With The Open Molding Emission Limit
Use one or more of the options listed in
paragraphs (a) through (b) of this condition to meet the emission limit in 40
CFR 63.5698 for the resins and gel coats used in open molding operations at the
facility.
a. Maximum achievable control technology
(MACT) model point value averaging (emissions averaging) option.
i. Demonstrate that emissions from the open molding resin and gel
coat operations that are averaged meet the emission limit in 40 CFR 63.5698
using the procedures described in 40 CFR 63.5710. Compliance with this option is based on a
12-month rolling average.
ii. Those operations and materials not included in the emissions
average must comply with paragraph (b) of this condition.
Table 2 to Subpart VVVV of
Part 63 – Alternative Organic HAP Content Requirements for Open Molding Resin
and Gel Coat Operations
|
For this
operation - |
And this
application method - |
You must not
exceed this weighted-average organic HAP content (weight percent) requirement
- |
|
1.
Production resin operations |
Atomized (spray) |
28 percent |
|
2.
Production resin operations |
Nonatomized (nonspray) |
35 percent |
|
3.
Pigmented gel coat operations |
Any method |
33 percent |
|
4.
Clear gel coat operations |
Any method |
48 percent |
|
5.
Tooling resin operations |
Atomized (spray) |
30 percent |
|
6.
Tooling resin operations |
Nonatomized (nonspray) |
39 percent |
|
7.
Tooling gel coat operations |
Any method |
40 percent |
6. 40 CFR 63.5704 General Requirements For Complying With The Open
Molding Emission Limit
a. Emissions
averaging option. For those open molding operations and materials complying
using the emissions averaging option, compliance must be demonstrated by
performing the steps in paragraphs (a)(1) through (5) of this condition.
i. Use the methods specified in 40 CFR 63.5758 to determine the
organic HAP content of resins and gel coats.
ii. Complete the calculations described in 40
CFR 63.5710 to show that the organic HAP emissions do not exceed the limit
specified in 40 CFR 63.5698.
iii. Keep records as specified in paragraphs (a)(iii)(1) through (4) of
this condition for each resin and gel coat.
1) Hazardous air pollutant content.
2) Amount of material used per month.
3) Application method used for production resin and tooling
resin. This record is not required if all production resins and tooling resins
are applied with nonatomized technology.
4) Calculations performed to demonstrate compliance based on
MACT model point values, as described in 40 CFR 63.5710.
iv. Prepare and submit the implementation plan
described in 40 CFR 63.5707 to the Division and keep it up to date.
v. Submit semiannual compliance reports to the
Division as specified in 40 CFR 63.5764.
b. Compliant
materials option. For each open molding operation complying using the compliant
materials option, compliance must be demonstrated by performing the steps in
paragraphs (b)(i) through (iv) of this condition.
i. Use the methods specified in 40 CFR 63.5758 to determine the
organic HAP content of resins and gel coats.
ii. Complete the calculations described in 40 CFR 63.5713 to show that the weighted-average organic HAP content does not exceed the limit specified in Table 2 40 CFR 63 subpart VVVV.
iii. Keep records as specified in paragraphs
(b)(iii)(1) through (4) of this condition for each resin and gel coat.
1) Hazardous air pollutant content.
2) Application method for production resin and tooling resin.
This record is not required if all production resins and tooling resins are
applied with nonatomized technology.
3) Amount of material used per month. This record is not
required for an operation if all materials used for that operation comply with
the organic HAP content requirements.
4) Calculations performed, if required, to demonstrate
compliance based on weighted-average organic HAP content as described in 40 CFR
63.5713.
iv. Submit semiannual compliance reports to the
Division as specified in 40 CFR 63.5764.
7. 40 CFR 63.5707 Implementation Plan For Open
Molding Operations
a. An implementation plan must be prepared
for all open molding operations that show compliance by using the emissions
averaging option described in 40 CFR 63.5704(a).
b. The
implementation plan must describe the steps that will be taken to bring the
open molding operations covered by this subpart into compliance. For each operation included in the emissions
average, the Permittee’s
implementation plan must include the elements listed in paragraphs (b)(i)
through (iii) of this condition.
i. A description of each operation included in the average.
ii. The maximum organic HAP content of the materials used, the
application method used (if any atomized resin application methods are used in
the average), and any other methods used to control emissions.
iii. Calculations showing that the operations covered by the plan will
comply with the open molding emission limit specified in 40 CFR 63.5698.
c. The
Permittee must submit the
implementation plan to the Division with the notification of compliance status
specified in 40 CFR 63.5761.
d. The
Permittee must keep the
implementation plan on site and provide it to the Division when asked.
e. If the Permittee
revises the implementation plan, the revised plan must be submitted with the
next semiannual compliance report specified in 40 CFR 63.5764.
8. 40 CFR 63.5710 Demonstrating Compliance
Using Emissions Averaging
a. Compliance
using the emissions averaging option is demonstrated on a 12-month
rolling-average basis and is determined at the end of every month (12 times per
year). The first 12-month
rolling-average period begins on the compliance date specified in 40 CFR
63.5695.
b. At
the end of the twelfth month after the Permittee’s
compliance date and at the end of every subsequent month, use equation 1 of
this condition to demonstrate that the organic HAP emissions from those
operations included in the average do not exceed the emission limit in 40 CFR
63.5698 calculated for the same 12-month period. (Include terms in equation 1 of 40 CFR
63.5698 and equation 1 of this condition for only those operations and
materials included in the average.)
HAP emissions = [(PVR)(MR) + (PVPG)(MPG)
+ (PVCG)(MCG) + (PVTR)(MTR) + (PVTG)(MTG)] (Equation 1)
Where:
HAP emissions = Organic HAP emissions calculated using
MACT model point values for each operation included in the average, kilograms.
PVR = Weighted-average MACT model point
value for production resin used in the past 12 months, kilograms per megagram.
MR = Mass of production resin used in the
past 12 months, megagrams.
PVPG = Weighted-average MACT model point
value for pigmented gel coat used in the past 12 months, kilograms per
megagram.
MPG = Mass of pigmented gel coat used in the
past 12 months, megagrams.
PVCG = Weighted-average MACT model point
value for clear gel coat used in the past 12 months, kilograms per megagram.
MCG = Mass of clear gel coat used in the
past 12 months, megagrams.
PVTR = Weighted-average MACT model point
value for tooling resin used in the past 12 months, kilograms per megagram.
MTR = Mass of tooling resin used in the past
12 months, megagrams.
PVTG = Weighted-average MACT model point
value for tooling gel coat used in the past 12 months, kilograms per megagram.
MTG = Mass of tooling gel coat used in the
past 12 months, megagrams.
c. At the end of every month, use equation 2 of this condition to compute the weighted-average MACT model point value for each open molding resin and gel coat operation included in the average.
(Equation 2)
Where:
PVOP = weighted-average MACT model point value
for each open molding operation (PVR, PVPG, PVCG,
PVTR, and PVTG) included in the average,
kilograms of HAP per megagram of material applied.
Mi = mass of resin or gel coat i used
within an operation in the past 12 months, megagrams.
n = number of different open molding resins and gel coats used within an operation in the past 12 months.
PVi = the MACT model point value for resin
or gel coat i used within an operation in the past 12 months, kilograms
of HAP per megagram of material applied.
d.
The
equations in Table 3 (given below), as contained in 40 CFR 63 subpart VVVV,
must be used to calculate the MACT model point value (PVi)
for each resin and gel coat used in each operation in the past 12 months.
Table 3 to Subpart VVVV of Part 63 – MACT
Model Point Value Formulas for Open Molding Operations1
|
1. Production resin,
tooling resin. |
a. Atomized…. b. Atomized, plus vacuum
baggin with roll-out. c. Atomized, plus vacuum bagging without roll-out. d. Nonatomized……. e. Nonatomized,
plus vacuum bagging with
roll-out. f. Nonatomized, plus
vacuum baging without
roll-out. |
0.014 x (Resin HAP%) 2.425 0.01185 x (Resin HAP%) 2.425 0.00945 x (Resin HAP%) 2.425 0.014 x (Resin HAP%) 2.275 0.0110 x (Resin HAP%) 2.275 0.0076 x (Resin HAP%) 2.275 |
|
2. Pigmented gel coat, clear gel coat, tooling gel coat. |
All methods…. |
0.445 x (Gel coat HAP%) 1.675 |
1Equations
calculate MACT model point value in kilograms of organic HAP per megagrams of
resin or gel coat applied. The equations
for vacuum bagging with roll-out are applicable when a facility rolls out the
applied resin and fabric prior to applying the vacuum bagging materials. The equations for vacuum bagging without
roll-out are applicable when a facility applies the vacuum bagging materials
immediately after resin application without rolling out the resin and
fabric. HAP% = organic HAP content as
supplied, expressed as a weight-percent value between 0 and 100 percent.
e. If
the organic HAP emissions, as calculated in paragraph (b) of this condition,
are less than the organic HAP limit calculated in 40 CFR 63.5698(b) for the
same 12-month period, then the Permittee
is in compliance with the emission limit in 40 CFR 63.5698 for those operations
and materials included in the average.
9. 40 CFR 63.5713 Demonstrating Compliance
Using Compliant Materials
a. Compliance using the organic HAP content
requirements listed in Table 2 (given below), as contained in 40 CFR 63 subpart
VVVV, is based on a 12-month rolling average that is calculated at the end of
every month. The first 12-month rolling-average period begins on the compliance
date specified in 40 CFR 63.5695. If the
Permittee is using filled material
(production resin or tooling resin), the Permittee
must comply according to the procedure described in 40 CFR 63.5714.
Table 2 to Subpart VVVV of
Part 63 – Alternative Organic HAP Content Requirements for Open Molding Resin
and Gel Coat Operations
|
For this
operation - |
And this
application method - |
You must not
exceed this weighted-average organic HAP content (weight percent) requirement
- |
|
1.
Production resin operations |
Atomized (spray) |
28 percent |
|
2.
Production resin operations |
Nonatomized (nonspray) |
35 percent |
|
3.
Pigmented gel coat operations |
Any method |
33 percent |
|
4.
Clear gel coat operations |
Any method |
48 percent |
|
5.
Tooling resin operations |
Atomized (spray) |
30 percent |
|
6.
Tooling resin operations |
Nonatomized (nonspray) |
39 percent |
|
7.
Tooling gel coat operations |
Any method |
40 percent |
b. At the end of the twelfth month after the Permittee’s compliance date and at the end
of every subsequent month, review the organic HAP contents of the resins and
gel coats used in the past 12 months in each operation. If all resins and gel
coats used in an operation have organic HAP contents no greater than the
applicable organic HAP content limits in Table 2, as contained in 40 CFR 63
subpart VVVV, then the Permittee is
in compliance with the emission limit specified in 40 CFR 63.5698 for that
12-month period for that operation. In addition, the Permittee does not need to complete the weighted- average organic
HAP content calculation contained in paragraph (c) of this condition for that
operation.
c.
At
the end of every month, the Permittee
must use equation 1 of this condition to calculate the weighted-average organic
HAP content for all resins and gel coats used in each operation in the past 12
months.
Weighted-Average
HAP Content
(Equation 1)
Where:
Mi = mass of open molding resin or gel coat
i used in the past 12 months in an operation, megagrams.
HAPi = Organic HAP content, by weight
percent, of open molding resin or gel coat i used in the past 12 months in an
operation. Use the methods in 40 CFR 63.5758 to determine organic HAP content.
n = number of different open molding
resins or gel coats used in the past 12 months in an operation.
d. If the weighted-average organic HAP content
does not exceed the applicable organic HAP content limit specified in Table 2
as contained in 40 CFR 63 subpart VVVV, then the Permittee is in compliance with the emission limit specified in
40 CFR 63.5698.
10. 40
CFR 63.5714 Demonstrating Compliance if Using Filled Resins
a. If the Permittee
is using a filled production resin or filled tooling resin, the Permittee must demonstrate compliance for
the filled material on an as-applied basis using equation 1 of this condition.
(Equation 1)
Where:
PVF = The as-applied MACT model point value
for a filled production resin or tooling resin, kilograms organic HAP per
megagram of filled material.
PVu = The MACT model point value for the
neat (unfilled) resin, before filler is added, as calculated using the formulas
in Table 3 (given below) as contained in 40 CFR 63 subpart VVVV.
% Filler = The weight-percent of filler in the as
applied filled resin system.
Table 3 to Subpart VVVV of Part 63 – MACT
Model Point Value Formulas for Open Molding Operations1
|
1. Production resin,
tooling resin. |
a. Atomized…. b. Atomized, plus vacuum
baggin with roll-out. c. Atomized, plus vacuum bagging without roll-out. d. Nonatomized……. e. Nonatomized,
plus vacuum bagging with
roll-out. f. Nonatomized, plus
vacuum baging without
roll-out. |
0.014 x (Resin HAP%) 2.425 0.01185 x (Resin HAP%) 2.425 0.00945 x (Resin HAP%) 2.425 0.014 x (Resin HAP%) 2.275 0.0110 x (Resin HAP%) 2.275 0.0076 x (Resin HAP%) 2.275 |
|
2. Pigmented gel coat, clear gel coat, tooling gel coat. |
All methods…. |
0.445 x (Gel coat HAP%) 1.675 |
1Equations
calculate MACT model point value in kilograms of organic HAP per megagrams of
resin or gel coat applied. The equations
for vacuum bagging with roll-out are applicable when a facility rolls out the
applied resin and fabric prior to applying the vacuum bagging materials. The equations for vacuum bagging without
roll-out are applicable when a facility applies the vacuum bagging materials
immediately after resin application without rolling out the resin and
fabric. HAP% = organic HAP content as
supplied, expressed as a weight-percent value between 0 and 100 percent.
b. If the filled resin is used as a production
resin and the value of PVF calculated by equation 1 of this
condition does not exceed 46 kilograms of organic HAP per megagram of filled
resin applied, then the filled resin is in compliance.
c. If the filled resin is used as a tooling
resin and the value of PVF calculated by equation 1 of this
condition does not exceed 54 kilograms of organic HAP per megagram of filled
resin applied, then the filled resin is in compliance.
d. If the Permittee
is including a filled resin in the emissions averaging procedure described in
40 CFR 63.5710, then use the value of PVF calculated using
equation 1 of this condition for the value of PVi in equation
2 of 40 CFR 63.5710.
11. 40
CFR 63.5737 Demonstrating Compliance With The Resin And Gel Coat Application
Equipment Cleaning Standards
a. Determine and record the organic HAP
content of the cleaning solvents subject to the standards specified in 40 CFR
63.5734 using the methods specified in 40 CFR 63.5758.
b. If the Permittee
recycles cleaning solvents on site, the Permittee
may use documentation from the solvent manufacturer or supplier or a
measurement of the organic HAP content of the cleaning solvent as originally
obtained from the solvent supplier for demonstrating compliance, subject to the
conditions in 40 CFR 63.5758 for demonstrating compliance with organic HAP
content limits.
c.
At
least once per month, the Permittee
must visually inspect any containers holding organic HAP-containing solvents
used for removing cured resin and gel coat to ensure that the containers have
covers with no visible gaps. Keep records of the monthly inspections and any
repairs made to the covers.
12. 40 CFR 63.5740
Demonstrating Compliance with Carpet and Fabric Adhesive Operations
a. The Permittee
must use carpet and fabric adhesives that contain no more than 5 percent
organic HAP by weight.
b. To demonstrate compliance with the emission
limit in paragraph (a) of this section, you must determine and record the
organic HAP content of the carpet and fabric adhesives using the methods in 40
CFR 63.5758.
13. 40 CFR 63.5758 Determine The Organic HAP
Content Of Materials
a. Determine
the organic HAP content for each material used. To determine the organic HAP
content for each material used in the Permittee’s
open molding resin and gel coat operations, carpet and fabric adhesive
operations, or aluminum recreational boat surface coating operations, the Permittee must use one of the options in
paragraphs (a)(i) through (vi) of this condition.
i. Method
311 (appendix A to 40 CFR part 63). The Permittee may use Method 311 for
determining the mass fraction of organic HAP. Use the procedures specified in
paragraphs (a)(i)(1) and (2) of this condition when determining organic HAP
content by Method 311.
1) Include in the organic HAP total each organic HAP that is measured
to be present at 0.1 percent by mass or more for Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA
carcinogen) is measured to be 0.5 percent of the material by mass, the Permittee does not need to include it in
the organic HAP total. Express the mass fraction of each organic HAP the Permittee measures as a value truncated to
four places after the decimal point (for example, 0.1234).
2) Calculate the total organic HAP content in the test material by
adding up the individual organic HAP contents and truncating the result to
three places after the decimal point (for example, 0.123).
ii. Method 24 (appendix A to 40 CFR part
63). The Permittee may use Method 24 to determine the mass fraction of
non-aqueous volatile matter of aluminum coatings and use that value as a
substitute for mass fraction of organic HAP.
iii. ASTM D1259-85 (Standard Test Method for Nonvolatile Content of
Resins). The Permittee may use ASTM D1259-85 (available for purchase from
ASTM) to measure the mass fraction of volatile matter of resins and gel coats
for open molding operations and use that value as a substitute for mass
fraction of organic HAP.
iv. Alternative method. The Permittee may use an alternative test
method for determining mass fraction of organic HAP if the Permittee obtains prior approval by EPA
Region IV. The Permittee must follow the procedure in 40 CFR 63.7(f) to submit
an alternative test method for approval.
v. Information from the supplier or manufacturer of the material. The Permittee
may rely on information other than that generated by the test methods specified
in paragraphs (a)(i) through (iv) of this condition, such as manufacturer’s
formulation data, according to paragraphs (a)(v)(1) through (3) of this condition.
1) Include in the organic HAP total each organic
HAP that is present at 0.1 percent by mass or more for OSHA-defined carcinogens
as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for
other compounds. For example, if toluene (not an OSHA carcinogen) is 0.5
percent of the material by mass, the Permittee
does not have to include it in the organic HAP total.
2) If the organic HAP content is provided by the
material supplier or manufacturer as a range, then the Permittee must use the upper limit of the range for determining
compliance. If a separate measurement of
the total organic HAP content using the methods specified in paragraphs (a)(i)
through (iv) of this condition exceeds the upper limit of the range of the
total organic HAP content provided by the material supplier or manufacturer,
then the Permittee must use the
measured organic HAP content to determine compliance.
a. If the organic HAP content is provided as
a single value, the Permittee may
assume the value is a manufacturing target value and actual organic HAP content
may vary from the target value. If a
separate measurement of the total organic HAP content using the methods
specified in paragraphs (a)(i) through (iv) of this condition is less than 2
percentage points higher than the value for total organic HAP content provided
by the material supplier or manufacturer, then the Permittee may use the provided value to demonstrate
compliance. If the measured total
organic HAP content exceeds the provided value by 2 percentage points or more,
then the Permittee must use the
measured organic HAP content to determine compliance.
vi. Solvent
blends. Solvent blends may be listed as single components for some regulated
materials in certifications provided by manufacturers or suppliers. Solvent blends may contain organic HAP which
must be counted toward the total organic HAP content of the materials. When
detailed organic HAP content data for solvent blends are not available, the Permittee may use the values for organic
HAP content that are listed in Table 5 or 6 as contained in 40 CFR 63 subpart
VVVV. The Permittee may use Table 6 as contained in 40 CFR 63 subpart VVVV,
only if the solvent blends in the materials the Permittee use do not match any of the solvent blends in Table 5
as contained in 40 CFR 63 subpart VVVV, and the Permittee know only whether the blend is either aliphatic or
aromatic. However, if test results
indicate higher values than those listed in Table 5 or 6 as contained in 40 CFR
63 subpart VVVV, then the test results must be used for determining compliance.
14. 40 CFR 63.5764 What Reports Must Be Submitted
And When?
a. The Permittee
must submit the applicable reports specified in paragraphs (b) through (c) of
this condition. To the extent possible, the Permittee
must organize each report according to the operations covered by this subpart
and the compliance procedure followed for that operation.
b. Under
40 CFR 63.10(a), the Permittee must
submit each report by the dates in paragraphs (b)(i) through (v) of this condition.
i. If the Permittee’s source is not controlled by an add-on control device (i.e., the Permittee is complying with organic HAP content limits, application equipment requirements, or MACT model point value averaging provisions), the first compliance report must cover the period beginning 12 months after the compliance date specified for the Permittee’s source in 40 CFR 63.5695 and ending on June 30 or December 31, whichever date is the first date following the end of the first 12-month period after the compliance date that is specified for the Permittee’s source in 40 CFR 63.5695. If the Permittee’s source is controlled by an add-on control device, the first compliance report must cover the period beginning on the compliance date specified for the Permittee’s source in 40 CFR 63.5695 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for the Permittee’s source in 40 CFR 63.5695.
ii. The first compliance report must be postmarked or delivered no
later than 60 calendar days after the end of the compliance reporting period
specified in paragraph (b)(i) of this condition.
iii. Each subsequent compliance report must cover
the applicable semiannual reporting period from January 30 of each calendar
year for the preceding six-month period between July and December and July 30
of each calendar year for the preceding six-month period between January and
June. All instances of deviations from
the requirements of this permit must be clearly identified.
iv. Each subsequent compliance report must be postmarked or delivered
no later than 60 calendar days after the end of the semiannual reporting
period.
v. For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority
has established dates for submitting semiannual reports pursuant to 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), the Permittee may submit the first and subsequent compliance reports
according to the dates the permitting authority has established instead of
according to the dates in paragraphs (b)(i) through (iv) of this condition.
c. The
compliance report must include the information specified in paragraphs (c)(i)
through (vii) of this condition.
i. Company name and address.
ii. A statement by a responsible official with that official’s name,
title, and signature, certifying the truth, accuracy, and completeness of the
report.
iii. The date of the report and the beginning and
ending dates of the reporting period.
iv. A description of any changes in the
manufacturing process since the last compliance report.
v. A statement or table showing, for each regulated operation, the
applicable organic HAP content limit, application equipment requirement, or
MACT model point value averaging provision with which the Permittee is complying. The statement or
table must also show the actual weighted-average organic HAP content or
weighted-average MACT model point value (if applicable) for each operation
during each of the rolling 12-month averaging periods that end during the
reporting period.
vi. If the Permittee was in
compliance with the emission limits and work practice standards during the
reporting period, the Permittee must
include a statement to that effect.
vii. If
the Permittee deviated from an
emission limit or work practice standard during the reporting period, the Permittee must also include the information
listed in paragraphs (c)(vii)(1) through (4) of this condition in the
semiannual compliance report.
1) A description of the operation involved in the deviation.
2) The quantity, organic HAP content, and application method (if
relevant) of the materials involved in the deviation.
3) A
description of any corrective action the Permittee
took to minimize the deviation and actions the Permittee has taken to prevent it from happening again.
4) A statement of whether or not the Permittee was in compliance for the 12
month averaging period that ended
at the end of the reporting period.
15. 40 CFR 63.5767 Records
The Permittee
must keep the records specified in paragraphs (a) through (c) of this condition
in addition to records specified in individual conditions of this subpart.
a. The
Permittee must keep a copy of each
notification and report that the Permittee
submitted to comply with this subpart.
b. The
Permittee must keep all documentation
supporting any notification or report that the Permittee submitted.
c. If
the Permittee is not controlled by an
add-on control device (i.e., the Permittee
is complying with organic HAP content limits, application equipment
requirements, or MACT model point value averaging provisions), the Permittee must keep the records specified
in paragraphs (c)(a) through (c) of this condition.
i. The total amounts of open molding production resin, pigmented
gel coat, clear gel coat, tooling resin, and tooling gel coat used per month
and the weighted-average organic HAP contents for each operation, expressed as
weight-percent. For open molding production resin and tooling resin, the Permittee must also record the amounts of
each applied by atomized and nonatomized methods.
ii. The total amount of each aluminum coating used per month (including primers, top coats, clear coats, thinners, and activators) and the weighted-average organic HAP content as determined in 40 CFR 63.5752.
iii. The total
amount of each aluminum wipedown solvent used per month and the
weighted-average organic HAP content as determined in 40 CFR 63.5749.
16. 40 CFR 63.5770 How Long Must Records Be Kept
a. The
Permittee’s records must be readily
available and in a form so they can be easily inspected and reviewed.
b. The
Permittee must keep each record for 5
years following the date that each record is generated.
c. The
Permittee must keep each record on
site for at least 2 years after the date that each record is generated. The Permittee
can keep the records offsite for the remaining 3 years.
d. The Permittee
can keep the records on paper or an alternative media, such as microfilm,
computer, computer disks, magnetic tapes, or on microfiche.
17. 40 CFR 63.5761 Notifications
a. The Permittee must submit all of the notifications in Table 7 as contained in 40 CFR 63 subpart VVVV, that apply to the Permittee by the dates in the table. The notifications are described more fully in 40 CFR part 63, subpart A, General Provisions, referenced in Table 8 as contained in 40 CFR 63 subpart VVVV.
If the Permittee
changes any information submitted in any notification, the Permittee must submit the changes in
writing to the Division within 15 calendar days after the change.
The Permittee
may switch between the compliance options (Emissions Averaging and Compliant
Materials) in 40CFR63, Subpart VVVV per the following requirements. In all cases, the Permittee shall submit notification to change options, in
writing, to the Division of Air Quality, 15 days prior to changing compliance
options.
i. Changing from Compliant Materials (40 CFR
63.5713) to 12-month Emissions Averaging (40 CFR 63.5710): The Permittee
shall begin collecting resin and gel coat usage data on the date the compliance
option is switched. The source shall
demonstrate compliance using the Emissions Averaging option for at least 12
consecutive months.
ii. Changing from 12-month
Emissions Averaging (40 CFR 63.5710) to Compliant Materials (40 CFR
63.5713): The Permittee shall
begin complying with the Compliant Materials option on the date the compliance
option is switched. Until the full
12-month compliance period has ended the Permittee shall continue to collect resin and gel
coat usage data and calculate the 12-month emissions average.
This
permit contains compliance certification, monitoring, reporting, and record
keeping requirements sufficient to assure compliance with the terms and
conditions of this permit. All
submittals required by these conditions shall be sent to the North Carolina
Division of Air Quality at the following address:
North Carolina Division of
Air Quality
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, North
Carolina 28301
SECTION 3 - GENERAL CONDITIONS
This section
describes terms and conditions applicable to this Title V facility. All references to the “permit” in this
section apply only to Part I of the permit.
A. General Provisions [NCGS
143-215 and 15A NCAC 2Q .0508(aa)]
1. Terms not otherwise defined in this permit shall have the meaning assigned to such terms as defined in 15A NCAC 2D and 2Q.
2. The
terms, conditions, requirements, limitations, and restrictions set forth in
this permit are binding and enforceable pursuant to NCGS 143-215.114A and
143-215.114B, including assessment of civil and/or criminal penalties. Any
unauthorized deviation from the conditions of this permit may constitute
grounds for revocation and/or enforcement action by the DAQ.
3. This
permit is not a waiver of or approval of any other Department permits that may
be required for other aspects of the facility which are not addressed in this
permit.
4. This
permit does not relieve the Permittee from liability for harm or injury to
human health or welfare, animal or plant life, or property caused by the
construction or operation of this permitted facility, or from penalties
therefore, nor does it allow the Permittee to cause pollution in contravention
of state laws or rules, unless specifically authorized by an order from the
North Carolina Environmental Management Commission.
5. Except as
identified as state-only requirements in this permit, all terms and conditions
contained herein shall be enforceable by the DAQ, the EPA, and citizens of the
United States as defined in the Federal Clean Air Act.
6. Any
stationary source of air pollution shall not be operated, maintained, or
modified without the appropriate and valid permits issued by the DAQ, unless
the source is exempted by rule. The DAQ
may issue a permit only after it receives reasonable assurance that the
installation will not cause air pollution in violation of any of the applicable
requirements. A permitted installation
may only be operated, maintained, constructed, expanded, or modified in a
manner that is consistent with the terms of this permit.
B. Permit
Availability [15A NCAC 2Q .0507(k) and .0508(aa)]
The
Permittee shall have available at the facility a copy of this permit and shall
retain for the duration of the permit term one complete copy of the application
and any information submitted in support of the application package. The permit and application shall be made
available to an authorized representative of Department of Environment and
Natural Resources upon request.
C. Severability
Clause [15A NCAC 2Q .0508(i)]
In the
event of an administrative challenge to a final and binding permit in which a
condition is held to be invalid, the provisions in this permit are severable so
that all requirements contained in the permit, except those held to be invalid,
shall remain valid and must be complied with.
D. Submissions
[15A NCAC 2Q .0507(c)]
Except
as otherwise specified herein, two copies of all documents, reports, test data,
monitoring data, notifications, request for renewal, and any other information
required by this permit shall be submitted to the appropriate Regional
Office. Refer to the Regional Office
address on the cover page of this permit.
For continuous emissions monitoring systems (CEMS) reports, continuous
opacity monitoring systems (COMS) reports, quality assurance (QA)/quality
control (QC) reports, acid rain CEM certification reports, and NOx budget CEM
certification reports, one copy shall be sent to the appropriate Regional
Office and one copy shall be sent to:
Supervisor,
Stationary Source Compliance
North
Carolina Division of Air Quality
1641
Mail Service Center
Raleigh,
NC 27699-1641
E. Duty
to Comply [15A NCAC 2Q .0508(j)]
The
Permittee shall comply with all terms, conditions, requirements, limitations
and restrictions set forth in this permit. Noncompliance with any permit
condition except conditions identified as state-only requirements constitutes a
violation of the Federal Clean Air Act.
Noncompliance with any permit condition is grounds for enforcement
action, for permit termination, revocation and reissuance, or modification, or
for denial of a permit renewal application.
F. Circumvention
- STATE ENFORCEABLE ONLY
The
facility shall be properly operated and maintained at all times in a manner
that will effect an overall reduction in air pollution. Unless otherwise specified by this permit, no
emission source may be operated without the concurrent operation of its
associated air pollution control device(s) and appurtenances.
G. Permit Modifications
1. Administrative
Permit Amendments [15A NCAC 2Q .0514]
The Permittee shall
submit an application for an administrative permit amendment in accordance with
15A NCAC 2Q .0514.
2. Transfer
of Ownership or Operation [15A NCAC 2Q .0524]
The Permittee shall
submit an application for an ownership change in accordance with 15A NCAC 2Q
.0524.
3. Minor
Permit Modifications [15A NCAC 2Q .0515]
The Permittee shall
submit an application for a minor permit modification in accordance with 15A
NCAC 2Q .0515.
4. Significant
Permit Modifications [15A NCAC 2Q .0516]
The Permittee shall
submit an application for a significant permit modification in accordance with
15A NCAC 2Q .0516.
5. Reopening
for Cause [15A NCAC 2Q .0517]
The Permittee shall
submit an application for reopening for cause in accordance with 15A NCAC 2Q
.0517.
H. Changes
Not Requiring Permit Modifications
1. Section 502(b)(10) Changes [15A NCAC 2Q
.0523(a)]
a. "Section 502(b)(10) changes" means changes that contravene an express permit term or condition. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
b. The Permittee may make Section
502(b)(10) changes without having the permit revised if:
i. the changes are not a modification
under Title I of the Federal Clean Air Act;
ii. the changes do not cause the allowable
emissions under the permit to be exceeded;
iii. the Permittee notifies the Director and
EPA with written notification at least seven days before the change is made;
and
iv. the Permittee shall attach the notice to
the relevant permit.
c. The written notification shall include:
i. a description of the change;
ii. the date on which the change will
occur;
iii. any change in emissions; and
iv. any permit term or condition that is no
longer applicable as a result of the change.
d. Section
502(b)(10) changes shall be made in the permit the next time that the permit is
revised or renewed, whichever comes first.
2. Off Permit Changes [15A NCAC 2Q
.0523(b)]
The
Permittee may make changes in the operation or emissions without revising the
permit if:
a. the change affects only insignificant
activities and the activities remain insignificant after the change; or
b. the change is not covered under any
applicable requirement.
3. Emissions Trading [15A NCAC 2Q .0523(c)]
To the
extent that emissions trading is allowed under 15A NCAC 2D, including
subsequently adopted maximum achievable control technology standards, emissions
trading shall be allowed without permit revision pursuant to 15A NCAC 2Q
.0523(c).
I.A. Reporting
Requirements for Excess Emissions and Permit Deviations
[15A
NCAC 2D .0535(f) and 2Q .0508(f)(3)]
“Excess
Emissions” - means an emission rate that exceeds any applicable emission
limitation or standard allowed by any rule in Sections .0500, .0900, .1200, or
.1400 of Subchapter 2D; or by a permit condition; or that exceeds an emission
limit established in a permit issued under 15A NCAC 2Q .0700. (Note: Definitions of excess emissions
under 2D .1110 and 2D .1111 shall apply where defined by rule.)
“Deviations”
- any action or condition not in accordance with the terms and conditions of
this permit including those attributable to upset conditions, but not including
excess emissions as defined above.
Excess Emissions
1. If a source is required to report
excess emissions under NSPS (15A NCAC 2D .0524), NESHAPS (15A NCAC 2D .1110 or
.1111), or the operating permit provides for periodic (e.g., quarterly)
reporting of excess emissions, reporting shall be performed as prescribed
therein.
2. If the
source is not subject to NSPS (15A NCAC 2D .0524), NESHAPS (15A NCAC 2D .1110
or .1111), or these rules do NOT define "excess emissions," the
Permittee shall report excess emissions in accordance with 15A NCAC 2D
.0535. Pursuant to 15A NCAC 2D .0535, if
excess emissions last for more than four hours resulting from a malfunction, a
breakdown of process or control equipment, or any other abnormal condition, the
owner or operator shall:
a. notify
the Regional Supervisor or Director of any such occurrence by 9:00 a.m. Eastern
Time of the Division’s next business day of becoming aware of the occurrence
and provide:
i. name and location of
the facility;
ii. nature and cause of the
malfunction or breakdown;
iii. time when the
malfunction or breakdown is first observed;
iv. expected
duration; and
v. estimated rate of
emissions;
b. notify the
Regional Supervisor or Director immediately when corrected measures have been
accomplished; and
c. submit,
if requested, to the Regional Supervisor or Director within 15 days after the
request a written report as described in 15A NCAC 2D .0535(f)(3).
Permit
Deviations
3. Pursuant to 15A NCAC 2Q .0508(f)(3 the Permittee shall report deviations or excess emissions lasting for
less than or equal to four hours from permit requirements (terms and
conditions). The Permittee shall notify
the Regional Supervisor or Director of all other deviations from permit
requirements not covered under 15A NCAC 2D .0535 on the next business day after
becoming aware of the deviation. A
written report shall be submitted within two business days to the Regional
Supervisor and shall include the probable cause of such deviation and any
corrective actions or preventative actions taken. A responsible official shall certify all
reports of deviations from permit requirements.
I.B. Other
Requirements under 15A NCAC 2D .0535
The Permittee shall comply with all other applicable requirements
contained in 15A NCAC 2D .0535, including 15A NCAC 2D .0535(c) as follows: Any excess emissions that do not occur during
start-up and shut-down shall be considered a violation of the appropriate rule
unless the owner or operator of the sources demonstrates to the Director, that
the excess emissions are a result of a malfunction. The Director shall
consider, along with any other pertinent information, the criteria contained in
15A NCAC 2D .0535(c)(1) through (7). [Note that 15A NCAC 2D .0535(g) is
state-enforceable only.]
J. Emergency
Provisions [40 CFR 70.6 (g)]
The
Permittee shall be subject to the following provisions with respect to
emergencies:
1. An emergency means any situation
arising from sudden and reasonably unforeseeable events beyond the control of
the facility, including acts of God, which situation requires immediate
corrective action to restore normal operation, and that causes the facility to
exceed a technology-based emission limitation under the permit, due to
unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance
to the extent caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.
2. An
emergency constitutes an affirmative defense to an action brought for
noncompliance with such technology-based emission limitations if the conditions
specified in 3. below are met.
3. The
affirmative defense of emergency shall be demonstrated through properly signed
contemporaneous operating logs or other relevant evidence that include
information as follows:
a. an emergency occurred and the Permittee
can identify the cause(s) of the emergency;
b. the permitted facility was at the time
being properly operated;
c. during the period of the emergency the
Permittee took all reasonable steps to minimize levels of emissions that
exceeded the standards or other requirements in the permit; and
d. the
Permittee submitted notice of the emergency to the DAQ within two working days
of the time when emission limitations were exceeded due to the emergency. This notice must contain a description of the
emergency, steps taken to mitigate emissions, and corrective actions taken.
4. In any
enforcement proceeding, the Permittee seeking to establish the occurrence of an
emergency has the burden of proof.
5. This
provision is in addition to any emergency or upset provision contained in any
applicable requirement specified elsewhere herein.
K. Permit
Renewal [15A NCAC 2Q .0513(b)]
This permit is issued for a fixed term of five years for facilities
subject to Title IV requirements and for a term not to exceed five years in the
case of all other facilities. This
permit shall expire at the end of its term.
Permit expiration terminates the facility's right to operate unless a
complete renewal application is submitted at least nine months before the date
of permit expiration. If the Permittee
or applicant has complied with 15A NCAC 2Q .0512(b)(1), this permit shall not
expire until the renewal permit has been issued or denied. All terms and conditions of this permit shall
remain in effect until the renewal permit has been issued or denied.
L. Need
to Halt or Reduce Activity Not a Defense [15A NCAC 2Q.0508(k)]
It shall not be a defense for a Permittee in an enforcement action that
it would have been necessary to halt or reduce the permitted activity in order
to maintain compliance with the conditions of this permit.
M. Duty
to Provide Information (submittal of information) [15A NCAC 2Q.0508(n)]
1. The
Permittee shall furnish to the DAQ, in a timely manner, any reasonable
information that the Director may request in writing to determine
whether cause exists for modifying, revoking and reissuing, or terminating the
permit or to determine compliance with the permit.
2. The
Permittee shall furnish the DAQ copies of records required to be kept by the
permit when such copies are requested by the Director. For information claimed
to be confidential, the Permittee may furnish such records directly to the EPA
upon request along with a claim of confidentiality.
N. Duty
to Supplement [15A NCAC 2Q
.0507(f)]
The Permittee, upon becoming aware that any relevant facts were omitted
or incorrect information was submitted in the permit application, shall
promptly submit such supplementary facts or corrected information to the
DAQ. The Permittee shall also provide
additional information as necessary to address any requirement that becomes
applicable to the facility after the date a complete permit application was
submitted but prior to the release of the draft permit.
O. Retention
of Records [15A NCAC 2Q .0508(f)]
The Permittee shall retain records of all required monitoring data and
supporting information for a period of at least five years from the date of the
monitoring sample, measurement, report, or application. Supporting information includes all
calibration and maintenance records and all original strip-chart recordings for
continuous monitoring information, and copies of all reports required by the
permit. These records shall be maintained in a form suitable and readily
available for expeditious inspection and review. Any records required by the
conditions of this permit shall be kept on site and made available to DAQ
personnel for inspection upon request.
P. Compliance
Certification [15A NCAC 2Q .0508(t)]
The Permittee shall submit to the DAQ and the EPA (Air and EPCRA
Enforcement Branch, EPA, Region 4, 61 Forsyth Street, Atlanta, GA 30303)
postmarked on or before March 1 a compliance certification (for the
preceding calendar year) by a responsible official with all
federally-enforceable terms and conditions in the permit, including emissions
limitations, standards, or work practices.
The compliance certification shall comply with additional requirements
as may be specified under Sections 114(a)(3) or 504(b) of the Federal Clean Air
Act. The compliance certification shall
specify:
1. the identification of each term or
condition of the permit that is the basis of the certification;
2. the compliance status;
3. whether compliance was continuous or intermittent;
and
4. the method(s) used for determining the
compliance status of the source, currently and over the reporting period.
Q. Certification
by Responsible Official [15A NCAC 2Q .0520]
A responsible official shall certify the truth, accuracy, and
completeness of any application form, report, or compliance certification
required by this permit. All
certifications shall state that based on information and belief formed after
reasonable inquiry, the statements and information in the document are true,
accurate, and complete.
R. Permit
Shield for Applicable Requirements [15A NCAC 2Q .0512]
1. Compliance
with the terms and conditions of this permit shall be deemed compliance with
applicable requirements, where such applicable requirements are included and
specifically identified in the permit as of the date of permit issuance.
2. A permit shield shall not alter or
affect:
a. the power
of the Commission, Secretary of the Department, or Governor under NCGS
143-215.3(a)(12), or EPA under Section 303 of the Federal Clean Air Act;
b. the
liability of an owner or operator of a facility for any violation of applicable
requirements prior to the effective date of the permit or at the time of permit
issuance;
c. the applicable requirements under Title
IV; or
d. the ability of the Director or the EPA
under Section 114 of the Federal Clean Air Act to obtain information to
determine compliance of the facility with its permit.
3. A permit
shield does not apply to any change made at a facility that does not require a
permit or permit revision made under 15A NCAC 2Q .0523.
4. A permit shield does not extend to
minor permit modifications made under 15A NCAC 2Q .0515.
S. Termination,
Modification, and Revocation of the Permit [15A NCAC 2Q .0519]
The
Director may terminate, modify, or revoke and reissue this permit if:
1. the information contained in the
application or presented in support thereof is determined to be incorrect;
2. the conditions under which the permit
or permit renewal was granted have changed;
3. violations of conditions contained in
the permit have occurred;
4. the EPA requests that the permit be
revoked under 40 CFR 70.7(g) or 70.8(d); or
5. the
Director finds that termination, modification, or revocation and reissuance of
the permit is necessary to carry out the purpose of NCGS Chapter 143, Article
21B.
T. Insignificant
Activities [15A NCAC 2Q .0503]
Because an emission source or activity is insignificant does not mean
that the emission source or activity is exempted from any applicable
requirement or that the owner or operator of the source is exempted from
demonstrating compliance with any applicable requirement. The Permittee shall have available at the
facility at all times and made available to an authorized representative upon
request, documentation, including calculations, if necessary, to demonstrate
that an emission source or activity is insignificant.
U. Property
Rights [15A NCAC 2Q .0508(m)]
This
permit does not convey any property rights in either real or personal property
or any exclusive privileges.
V. Inspection
and Entry [15A NCAC 2Q .0508(r) and NCGS 143-215.3(a)(2)]
1. Upon
presentation of credentials and other documents as may be required by law, the
Permittee shall allow the DAQ, or an authorized representative, to perform the
following:
a. enter the
Permittee's premises where the permitted facility is located or emissions‑related
activity is conducted, or where records are kept under the conditions of the
permit;
b. have
access to and copy, at reasonable times, any records that are required to be
kept under the conditions of the permit;
c. inspect
at reasonable times and using reasonable safety practices any source, equipment
(including monitoring and air pollution control equipment), practices, or
operations regulated or required under the permit; and
d. sample or
monitor substances or parameters, using reasonable safety practices, for the
purpose of assuring compliance with the permit or applicable requirements at
reasonable times.
Nothing in this condition shall limit the ability of the EPA to inspect
or enter the premises of the Permittee under Section 114 or other provisions of
the Federal Clean Air Act.
2. No person
shall refuse entry or access to any authorized representative of the DAQ who
requests entry for purposes of inspection, and who presents appropriate
credentials, nor shall any person obstruct, hamper, or interfere with any such
authorized representative while in the process of carrying out his official
duties. Refusal of entry or access may
constitute grounds for permit revocation and assessment of civil penalties.
W. Annual
Fee Payment [15A NCAC 2Q .0508(o)]
1. The Permittee shall pay all fees in
accordance with 15A NCAC 2Q .0200.
2. Payment of fees may be by check or
money order made payable to the N.C. Department of Environment and Natural
Resources. Annual permit fee payments
shall refer to the permit number.
3. If,
within 30 days after being billed, the Permittee fails to pay an annual fee,
the Director may initiate action to terminate the permit under 15A NCAC 2Q
.0519.
X. Annual
Emission Inventory Requirements [15A NCAC 2Q .0207]
The Permittee shall report by June 30 of each year the actual
emissions of each air pollutant listed in 15A NCAC 2Q .0207(a) from each
emission source within the facility during the previous calendar year. The report shall be in or on such form as may
be established by the Director. The
accuracy of the report shall be certified by a responsible official of the
facility.
Y. Confidential
Information [15A NCAC 2Q .0107 and 2Q. 0508(n)]
Whenever the
Permittee submits information under a claim of confidentiality pursuant to 15A
NCAC 2Q .0107, the Permittee may also submit a copy of all such information and
claim directly to the EPA upon request.
All requests for confidentiality must be in accordance with 15A NCAC 2Q
.0107.
Z. Construction
and Operation Permits [15A NCAC 2Q .0100 and .0300]
A construction and operating permit shall be obtained by the Permittee
for any proposed new or modified facility or emission source which is not
exempted from having a permit prior to the beginning of construction or
modification, in accordance with all applicable provisions of 15A NCAC 2Q .0100
and .0300.
AA. Standard
Application Form and Required Information [15A NCAC 2Q .0505 and .0507]
The Permittee shall submit applications and required information in
accordance with the provisions of 15A NCAC 2Q .0505 and .0507.
BB. Financial
Responsibility and Compliance History [15A NCAC 2Q .0507(d)(3)]
The DAQ may require an applicant to submit a statement of financial
qualifications and/or a statement of substantial compliance history.
CC. Refrigerant
Requirements (Stratospheric Ozone and Climate Protection) [15A NCAC 2Q
.0501(e)]
1. If the
Permittee has appliances or refrigeration equipment, including air conditioning
equipment, which use Class I or II ozone-depleting substances such as
chlorofluorocarbons and hydrochlorofluorocarbons listed as refrigerants in 40
CFR Part 82 Subpart A Appendices A and B, the Permittee shall service, repair,
and maintain such equipment according to the work practices, personnel
certification requirements, and certified recycling and recovery equipment
specified in 40 CFR Part 82 Subpart F.
2. The
Permittee shall not knowingly vent or otherwise release any Class I or II
substance into the environment during the repair, servicing, maintenance, or
disposal of any such device except as provided in 40 CFR Part 82 Subpart F.
3. The
Permittee shall comply with all reporting and recordkeeping requirements of 40
CFR 82.166. Reports shall be
submitted to the EPA or its designee as required.
DD. Prevention
of Accidental Releases - Section 112(r) [15A NCAC 2Q .0508(g)]
If the Permittee is required to develop and register a Risk Management
Plan with EPA pursuant to Section 112(r) of the Clean Air Act, then the
Permittee is required to register this plan in accordance with 40 CFR Part 68.
EE. Prevention
of Accidental Releases General Duty Clause - Section 112(r)(1)
-
FEDERALLY-ENFORCEABLE
ONLY
Although a risk management plan may not be required, if the Permittee
produces, processes, handles, or stores any amount of a listed hazardous
substance, the Permittee has a general duty to take such steps as are necessary
to prevent the accidental release of such substance and to minimize the
consequences of any release.
FF. Title
IV Allowances [15A NCAC 2Q .0508(h)]
This permit does not limit the number of Title IV allowances held by the
Permittee, but the Permittee may not use allowances as a defense to
noncompliance with any other applicable requirement. The Permittee’s emissions may not exceed any
allowances that the facility lawfully holds under Title IV of the Federal Clean
Air Act.
GG. Air
Pollution Emergency Episode [15A NCAC 2D .0300]
Should the Director of the DAQ declare an Air Pollution Emergency
Episode, the Permittee will be required to operate in accordance with the
Permittee’s previously approved Emission Reduction Plan or, in the absence of
an approved plan, with the appropriate requirements specified in 15A NCAC 2D
.0300.
HH. Registration
of Air Pollution Sources [15A NCAC 2D .0200]
The Director of the DAQ may require the Permittee to register a source
of air pollution. If the Permittee is
required to register a source of air pollution, this registration and required
information will be in accordance with 15A NCAC 2D .0202(b).
II. Ambient Air
Quality Standards [15A NCAC 2D .0501(e)]
In addition to any
control or manner of operation necessary to meet emission standards specified
in this permit, any source of air pollution shall be operated with such control
or in such manner that the source shall not cause the ambient air quality standards
in 15A NCAC 2D .0400 to be exceeded at any point beyond the premises on which
the source is located. When controls
more stringent than named in the applicable emission standards in this permit
are required to prevent violation of the ambient air quality standards or are
required to create an offset, the permit shall contain a condition requiring
these controls.
JJ. General
Emissions Testing and Reporting Requirements [15A NCAC 2Q .0508(aa)]
If emissions testing is required by this permit or the DAQ or if the
Permittee submits emissions testing to the DAQ in support of a permit
application, the Permittee shall perform such testing in accordance with the
appropriate EPA reference method(s) as approved by the DAQ and follow the
procedures outlined below. The Permittee
must request in writing and receive approval from the DAQ for an
alternate test method or procedure.
1. The
Permittee shall submit a completed Protocol Submittal Form to the DAQ Regional
Supervisor at least 45 days prior to the scheduled test date. A copy of the Protocol Submittal Form may be
obtained from the Regional Supervisor.
2. The
Permittee shall notify the Regional Supervisor of the specific test dates at
least 15 days prior to testing in order to afford the DAQ the opportunity to
have an observer on-site during the sampling program.
3. During
all sampling periods, the Permittee shall operate the emission source(s) under
maximum normal operating conditions or alternative operating conditions as
deemed appropriate by the Regional Supervisor or his delegate.
4. The
Permittee shall submit two copies of the test report to the DAQ. The test report shall contain at a minimum
the following information:
a. a certification of the test results by
sampling team leader and facility representative;
b. a summary of emissions results and text
detailing the objectives of the testing program, the applicable state and
federal regulations, and conclusions about the testing and compliance status of
the emission source(s);
c. a
detailed description of the tested emission source(s) and sampling location(s)
process flow diagrams, engineering drawings, and sampling location schematics
should be included as necessary;
d. all field,
analytical, and calibration data necessary to verify that the testing was
performed as specified in the applicable test methods;
e. example
calculations for at least one test run using equations in the applicable test
methods and all test results including intermediate parameter calculations; and
f. documentation
of facility operating conditions during all testing periods and an explanation
relating these operating conditions to maximum normal operation. If necessary, provide historical process data
to verify maximum normal operation.
5. The
testing requirement(s) shall be considered satisfied only upon written approval
of the test results by the DAQ.
6. The DAQ
will review emission test results with respect exclusively to the specified
testing objectives as proposed by the Permittee and approved by the DAQ. The use of the test results beyond the stated
objectives remains subject to the approval of the DAQ.
KK. Reopening
for Cause [15A NCAC 2Q .0517]
1. A permit shall be reopened and revised
under the following circumstances:
a. additional
applicable requirements become applicable to a facility with remaining permit
term of three or more years;
b. additional
requirements (including excess emission requirements) become applicable to a
source covered by Title IV;
c. the
Director or EPA finds that the permit contains a material mistake or that
inaccurate statements were made in establishing the emissions standards or
other terms or conditions of the permit; or
d. the
Director or EPA determines that the permit must be revised or revoked to assure
compliance with the applicable requirements.
2. Any
permit reopening shall be completed or a revised permit issued within 18 months
after the applicable requirement is promulgated. No reopening is required if the effective
date of the requirement is after the expiration of the permit term unless the
term of the permit was extended pursuant to 15A NCAC 2Q .0513(c).
3. Except
for the state-enforceable only portion of the permit, the procedures set out in
15A NCAC 2Q .0507, .0521, or .0522 shall be followed to reissue the
permit. If the State-enforceable only
portion of the permit is reopened, the procedures in 15A NCAC 2Q .0300 shall be
followed. The proceedings shall affect
only those parts of the permit for which cause to reopen exists.
4. The
Director shall notify the Permittee at least 60 days in advance of the date
that the permit is to be reopened, except in cases of imminent threat to public
health or safety the notification period may be less than 60 days.
5. Within 90
days, or 180 days if the EPA extends the response period, after receiving
notification from the EPA that a permit needs to be terminated, modified, or
revoked and reissued, the Director shall send to the EPA a proposed
determination of termination, modification, or revocation and reissuance, as
appropriate.
LL. Reporting
Requirements for Non‑Operating Equipment [15A NCAC 2Q .0508(f)]
The Permittee shall maintain a record of operation for
permitted equipment noting whenever the equipment is taken from and placed into
operation. During operation the
monitoring recordkeeping and reporting requirements as prescribed by the permit
shall be implemented within the monitoring period.
ATTACHMENT
List
of Acronyms
AOS Alternate Operating Scenario
BACT Best Available Control Technology
Btu British thermal unit
CEM Continuous Emission Monitor
CFR Code of Federal Regulations
CAA Clean Air Act
DAQ Division of Air Quality
DENR Department of
Environment and Natural Resources
EMC Environmental Management
Commission
EPA Environmental Protection Agency
FR Federal
Register
GACT Generally
Available Control Technology
HAP Hazardous Air Pollutant
MACT Maximum Achievable Control
Technology
NCAC North Carolina
Administrative Code
NCGS North Carolina General Statutes
NESHAPS National Emission Standards for Hazardous
Air Pollutants
NOX Nitrogen Oxides
NSPS New Source Performance Standard
OAH Office of Administrative Hearings
PM Particulate Matter
PM10 Particulate Matter with Nominal
Aerodynamic Diameter of 10 Micrometers or Less
POS Primary Operating Scenario
PSD Prevention of Significant
Deterioration
SIC Standard Industrial
Classification
SIP State Implementation Plan
SO2 Sulfur Dioxide
tpy Tons Per Year
VOC Volatile Organic Compound