[US] North Carolina proposes regulatory changes to adopt federal PM2.5 standard and GHG permitting rules

The North Carolina Department of Environment and Natural Resources (NCDENR) has proposed regulatory changes to reflect the 2014 United States Supreme Court decision ruling that EPA may not regulate greenhouse gases as an air pollutant to determine whether a source is “major” and required to obtain a PSD or Title V permit. In the same action, the NCDENR is proposing to incorporate the stricter federal Particulate Matter standard.

Defining environmental permitting requirements for PSD or Title V permit

On June 23, 2014, the United States Supreme Court issued a decision in Utility Air Regulatory Group (UARG) v. Environmental Protection Agency (EPA) that the EPA may not treat greenhouse gases as an air pollutant for the purposes of determining whether a source is a major source required to obtain a PSD or Title V permit. Rule 15A NCAC 02D .0544, Prevention of Significant Deterioration (PSD) Requirements for Greenhouse Gases (GHG), is proposed for amendment to remove the requirement that major stationary sources obtain a PSD permit on the sole basis of its GHG emissions. The rule is also proposed for amendment to update the global warming potentials for GHGs. Rule 15A NCAC 02Q .0502, Applicability, is proposed for amendment to remove the requirement that facilities obtain a Title V permit on the sole basis of its GHG emissions. The U.S. EPA strengthened its National Ambient Air Quality Standards (NAAQS) for particulate matter, also known as PM2.5, on December 14, 2012. 15A NCAC 02D .0410 is proposed to be amended to reflect the revised standard.

Division of Air Quality proposing changes to its source reduction and recycling reporting requirement Rules

In response to statutory revisions in North Carolina Session Law 2014-120, the Division of Air Quality (DAQ) is proposing changes to its source reduction and recycling reporting requirement Rules 15A NCAC 02Q .0206, Payment of Fees; .0304, Applications; and .0507, Application. In the existing rules, facilities holding permits are required to submit a written description of current and projected plans to reduce air contaminant emissions by source reduction and recycling. The revised statute reflects repeal of the three source reduction and recycling reporting requirement. The proposed effective date of the rules is September 1, 2015. A public hearing will be held June 9, 2015, with the public comment period ending June 15, 2015. Red-on-line EHS Legal specialist

Sources:

Proposed Rule: NC DENR Proposes Updated Air Pollution Control Requirements to Incorporate Federal PM2.5 NAAQS and Amended GHG Permitting Rules, North Carolina State Register, 29 NCR 2337, April 15, 2015