Application 05A for Duke Energy Cliffside (8100028)

The following is an excerpt from the 06/10/05 permit review prepared for T23 by Ed Martin:

Purpose of Application:

DAQ is reopening this permit to remove the italicized language under 40 CFR 52 SUBPART II: NORTH CAROLINA STATE IMPLEMENTATION PLAN in Part I, Section 2.1 A.3, which stays the monitoring and reporting provisions for the federal opacity requirements for the five boilers (ID Nos. ES-1, ES-2, ES-3, ES-4 and ES-5). This stay is a result of the agreement reached with DAQ after Duke Energy petitioned the federal opacity requirement. EPA notified DAQ, in a letter to Dr. Donald R. van der Vaart from Gregg M. Worley dated November 24, 2004, that the state of North Carolina does not have the authority to stay an applicable federal requirement and that the Joint Stipulation entered into by DAQ and Duke is “meaningless with respect to federal enforcement authority.” Therefore, the stay has been removed, making the federal opacity requirement fully applicable. In addition, EPA has stated that recertification of past compliance periods will be required showing all exceedances for the annual compliance certifications.

In addition, the permit is being reopened to revise General Condition I.A to assure compliance with the reporting requirements under rule 15A NCAC 2Q .0508(f)(2). This rule requires deviations from permit requirements not covered under rule 15A NCAC 2D .0535 (i.e.: for excess emissions lasting less than four hours) to be reported promptly. This change is a result of EPA’s comments on several utility permits where they indicate the full reporting requirements of 2Q .0508(f)(2) were not addressed in the permit. EPA defines deviations to include all excess emissions. Therefore, the condition has been revised to require prompt reporting of excess emissions lasting less than four hours to cover the full reporting requirements of 2Q .0508(f)(2).

Duke Energy was notified that these changes would be made in a letter to Mr. Rick R. Roper (Responsible Official) from Donald R. van der Vaart dated February 15, 2005. The permit will be reopened (issued) no earlier than 60 days after the date of receipt of this letter, pursuant to rule 15A NCAC 2Q .0517. The letter was delivered on February 22, 2005 by certified mail.

This reopening is a significant modification following the procedures in 2Q .0501(c)(1).