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The EPA imposes ruling of the Clean Air Act (US)

North Carolina: The Department of Environmental Quality proposes rule regarding startup, shutdown and malfunction emission limit exemptions

In response to a petition, the US Environmental Protection Agency (EPA) issued a final action on May 22, 2015 to ensure states are consistent with the Clean Air Act and recent court decisions regarding startup, shutdown and malfunction (SSM) emission limit exemptions.

EPA found that North Carolina’s State Implementation Plan (SIP) did not meet the requirements, and thus issued a “SIP call,” requiring North Carolina to issue a SIP revision by November 22, 2016. North Carolina is litigating the validity of the SIP call, but has also chosen to address the issue through rule-making as well.

Under the proposed rule 15A NCAC 02D .0535 will be effective if North Carolina’s lawsuit is successful, while 15A NCAC 02D .0545 will be effective if the lawsuit is unsuccessful.

emission limit exemptions

15A NCAC 02D .0535 is the current regulation regarding SSM emission limit exemptions. Introductory text will be added to clarify the rule will be effective if the lawsuit is successful.

15a NCAC 02D .0545 is being proposed as the alternative if North Carolina loses its lawsuit.

This new regulation would eliminate the exemptions in paragraphs (c) and (g). This rule would permit facilities to demonstrate compliance with with applicable existing emission limits, generally available work practice standards, work practice standards in analogue federal rules that a specific source may not otherwise be subject to, or a source specific startup and shutdown work practice standard permit limit.

Facilities may demonstrate compliance with the applicable existing limits or with a source specific malfunction work practice standard permit limit for malfunctions.

Public comments will be accepted through August 1, 2016. The proposed effective date is November 1, 2016. Sources :

North Carolina Department of Environmental Quality, Proposed rule, Emission Control Standards, 30 North Carolina Register 2442, June 1, 2016

For more detailed information, refer directly to the guidance.

 

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