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Air Quality Rules Update

Air Quality Rules Update. North Carolina Division of Air Quality Outside Involvement Committee Meeting February 19, 2013. 3 Hearings January 15, 2013, Kannapolis Hearing Officer: Benne Hutson Hearing 1- VOC CTG RACT Rules

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Air Quality Rules Update

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  1. Air Quality Rules Update North Carolina Division of Air Quality Outside Involvement Committee MeetingFebruary 19, 2013

  2. 3 Hearings January 15, 2013, Kannapolis Hearing Officer: Benne Hutson • Hearing 1- VOC CTG RACT Rules • Hearing 2- Revision of NSR PSD significant level for NOx for PM2.5 and Adoption of PM2.5 Increment • Hearing 3- 15A NCAC 02Q .0102 Clarification • Comment period ended Feb. 1, 2013 January Rule Hearings

  3. Hearing 1- VOC CTG RACT Rules • 15A NCAC 02D .0902, .0909, .0903, .0951, .0961, .0962, 02Q .0102 • Adjust applicability to cover <100 tpy sources in CTG categories for consistency with Clean Air Act • Transitions requirements to contingency measures upon redesignation of the Charlotte Gastonia area for the 1997 8-hour ozone NAAQS and provides flexibility via site-specific determinations through permitting Hearing 1

  4. 4 commenters, generally supportive • Staff recommending majority of wording changes suggested to 02D .0961 and .0962 • Working to finalize record and obtain hearing officer approval • Request adoption March EMC meeting Hearing 1

  5. Hearing 2 – NSR PSD PM2.5 Revisions • 15A NCAC 02D .0530, Prevention of Significant Deterioration, and 15A NCAC 02D .0531, Sources in Nonattainment Areas • Adjust NOx threshold for purposes of PM2.5 from 140 tpy to reflect federal 40 tpy significant threshold • Incorporate increments for PM2.5 Hearing 2

  6. D.C. Circuit Court Decisions • 1-4-2013-NRDC and Sierra Club v. EPA • PM2.5 should be regulated under Title I, Part D, subpart 4 vs. subpart 1 of CAA; remanded 2007 PM2.5 National Ambient air Quality Standards (NAAQS) Implementation Rule and 2008 New Source Review (NSR)/Prevention of Significant Deterioration (PSD) rule to EPA Hearing 2

  7. 1-22-2013-Sierra Club v. EPA • Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC); vacated and remanded to EPA • 2 commenters • Working to finalize record and obtain hearing officer approval • Request adoption March EMC meeting, if possible Hearing 2

  8. Hearing 3-15A NCAC 02Q .0102 Clarification • Clarifies sources previously determined exempted in 2Q .0702 and otherwise exempted not required to obtain under 2Q .0102 • No comments received. • Staff recommending adoption • Working to obtain hearing officer approval Hearing 3

  9. S.L. 2012-91 • Reports required by Section 3 and 4 provided to ERC Dec. 1, 2012 • Concept presented to AQC in January • Working on draft rule and fiscal note • Stakeholder meeting tentatively March 20, 2013, DENR Green Square Building Training Room • Anticipate draft rules at July AQC • Reports at http://www.ncair.org/rules/toxics/ Air Toxics Session Law Changes

  10. Requires DAQ to review the State air toxics rules and their implementation to determine whether changes could: • Reduce unnecessary regulatory burden • Increase the efficient use of DAQ resources while maintaining protection of public health • Conduct the review in consultation with interested parties • Report the results of the review and include recommendations to the ERC by 12/1/12 Air Toxics – Section 3

  11. Develop an additional set of emissions thresholds for pollutants coming from unobstructed vertical stacks • Exempt natural gas and propane fired boilers • Exempt emergency engines • Eliminate SIC call • Clarify use of actual rate of emissions • Remove the term “unadulterated wood” from rules Recommendations for Rule Changes

  12. Calculation error in original recommendation identified by SAB • No impact anticipated • Plan to include with S.L. 2012-91 changes Asbestos AAL Correction

  13. Proposal to revise arsenic AAL based on SAB’s recommendation • AAL changing from 2.3 x10-7 to 2.1 X10-6 • TPER changing from 0.016 lbs/yr to 0.053 lbs/yr • Fiscal Note approved by OSBM • Request proceed to hearing at next EMC meeting Arsenic AAL Revision

  14. S. L. 2012-199 • Exempts three most recent model year vehicles with <70,000 miles on odometer from emissions inspection • Updating Section 02D .1000 rules • Statutory definitions of hybrid vehicles • Draft Rule and Fiscal Note in process Inspection and Maintenance (I&M) Session Law Changes

  15. AQC March 13, 2013, 3:00 p.m.-5:00 p.m. • EMC March 14, 2013, 9:00 a.m. Next Meetings

  16. North Carolina Division of Air Quality Joelle Burleson Planning Joelle.Burleson@ncdenr.gov 919-707-8720

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