N.C. Department of Environment and Natural Resources
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15A NCAC 02Q .0102 ACTIVITIES EXEMPTED FROMPERMITREQUIREMENTS



(a) This Rule does not apply to facilities required to have a permit under Section .0500 of this Subchapter. This Rule applies only to permits issued under Section .0300 of this Subchapter. (b) If a source is subject to any of the following rules, then the source is not exempted frompermit requirements:



(1)



new source performance standards under Rule 15A NCAC 02D .0524 or 40 CFR Part 60, except when the following activities are eligible for exemption under Paragraph (c) of this Rule:



(A) (B) (C) (D) (E) (F) (G) 40 CFR Part 60, Subpart Dc, industrial, commercial, and institutional steamgenerating units; 40 CFR Part 60, Subparts K, Ka, or Kb, volatile organic liquid storage vessels; 40 CFR Part 60, Subpart AAA, new residential wood heaters; 40 CFR Part 60, Subpart JJJ, petroleumdry cleaners; 40 CFR Part 60, Subpart WWW, municipal solid waste landfills; 40 CFR Part 60, Subpart IIII, stationary compression ignition internal combustion engines;or 40 CFR Part 60, Subpart JJJJ, stationary spark ignition internal combustion engines;



(2)



(3) (4) (5) (6)



(7)



national emission standards for hazardous air pollutants under Rule 15A NCAC 02D .1110 or 40 CFR Part 61, except asbestos demolition and renovation activities, which are eligible for exemption under Paragraph (c) of this Rule; prevention of significant deterioration under Rule 15A NCAC 02D .0530; new source review under Rule 15A NCAC 02D .0531 or .0532; sources of volatile organic compounds subject to the requirements of Section .0900, Volatile Organic Compounds, that are located in Mecklenburg County according to Rule 15A NCAC 02D .0902(f); sources required to apply maximum achievable control technology (MACT) for hazardous air pollutants under Rule 15A NCAC 02D .1109, .1111, .1112, or 40 CFR Part 63 that are required tohavea permit under Section .0500 of this Subchapter; sources at facilities subject to Section .1100 of Subchapter 02D. (If a source qualifies foranexemption in Subparagraphs (a)(1) through (a)(24) of 15A NCAC 02Q .0702, or does not emit a toxic air pollutant for which the facility at which it is located has been modeled, it shall be exempted fromneeding apermit if it qualifies for one of the exemptions in Paragraph (c) of this Rule).



(c) The following activities do not require a permit or permit modification under Section .0300 of this Subchapter. The Director may require the owner or operator of these activities to register themunder 15A NCAC 02D .0200: (1) categories of exempted activities: (A) maintenance, upkeep, and replacement:



(i)



(ii)



(iii) (iv) (v) (vi)



maintenance, structural changes, or repairs which do not change the capacity of such process, fuel-burning, refuse-burning, or control equipment, and do not involve any change in quality or nature or increase in quantity of emission of regulated air pollutants; housekeeping activities or building maintenance procedures, including painting buildings, resurfacing floors, roof repair, washing, portable vacuum cleaners, sweeping, use and associated storage of janitorial products, or insulation removal; use of office supplies, supplies to maintain copying equipment, or blueprint machines; use of fire fighting equipment; paving parking lots; or replacement of existing equipment with equipment of the same size, type, and function that does not result in an increase to the actual or potential emission of regulated air pollutants and that does not affect the compliance status, and with replacement equipment that fits the description of the existing equipment in the permit, including the application, such that the replacement equipment can be operated under that permit without any changes in the permit;



(B) (C) air conditioning or ventilation: comfort air conditioning or comfort ventilatingsystemsthatdo not transport, remove, or exhaust regulated air pollutants to the atmosphere; laboratory activities:



(i)



bench-scale, on-site equipment used exclusively for chemical or physical analysis for quality control purposes, staff instruction, water or wastewater analyses,ornonproduction environmental compliance assessments;





(ii) (iii)



(iv)



bench-scale experimentation, chemical or physical analyses, training or instruction fromnot-for-profit, non-production educational laboratories; bench-scale experimentation, chemical or physical analyses, training or instruction fromhospitals or health laboratories pursuant to the determination or diagnosesof illness; or research and development laboratory activities provided the activity produces no commercial product or feedstock material;



(D) storage tanks:



(i) (ii) (iii) (iv)



storage tanks used solely to store fuel oils, kerosene, diesel, crude oil, used motor oil, lubricants, cooling oils, natural gas or liquefied petroleumgas; storage tanks used to store gasoline or ethanol-based fuels for which there are no applicable requirements except Stage I controls under 15A NCAC 02D .0928; storage tanks used solely to store inorganic liquids; or storage tanks or vessels used for the temporary containment of materials resulting froman emergency response to an unanticipated release of hazardous materials;



(E) combustion and heat transfer equipment:



(i) (ii) (iii)



space heaters burning distillate oil, kerosene, natural gas, or liquefied petroleumgas operating by direct heat transfer and used solely for comfort heat; residential wood stoves, heaters, or fireplaces; hot water heaters which are used for domestic purposes only and are not used to heat process water;



(F) (G) (H) (I)



wastewater treatment processes: industrial wastewater treatment processes or municipal wastewater treatment processes for which there are no applicable requirements; gasoline distribution: gasoline service stations or gasoline dispensing facilities; dispensing equipment: equipment used solely to dispense diesel fuel, kerosene, lubricantsor cooling oils; solvent recycling: portable solvent distillation systems used for on-site solvent recyclingif: (i) the portable solvent distillation systemis not:



(I) (II) owned by the facility, and operated at the facility for more than seven consecutive days; and



(ii) the material recycled is recycled at the site of origin;



(J) processes:



(i) (ii) (iii) (iv)



(v)



electric motor burn-out ovens with secondary combustion chambers orafterburners; electric motor bake-on ovens; burn-off ovens for paint-line hangers with afterburners; hosiery knitting machines and associated lint screens, hosiery dryers and associated lint screens, and hosiery dyeing processes where bleach orsolventdyes are not used; blade wood planers planing only green wood;



(K)



(L)



solid waste landfills: municipal solid waste landfills. This does not apply to flares and other sources of combustion at solid waste landfills; these flares and other combustionsourcesare required to be permitted under Section .0300 of this Subchapter unless they qualify for another exemption under this Paragraph; miscellaneous:



(i) (ii)



(iii) (iv)



motor vehicles, aircraft, marine vessels, locomotives, tractors or other self-propelled vehicles with internal combustion engines; non-self-propelled non-road engines, except generators, regulated by rulesadopted under Title II of the Federal Clean Air Act (Generators are required to be permitted under Section .0300 of this Subchapter unless they qualify for another exemption under this Paragraph.); portable generators regulated by rules adopted under Title II of the Federal Clean Air Act; equipment used for the preparation of food for direct on-site human consumption;





(v) (vi) (vii) (viii)



(ix)



(x) (xi)



(xii) (xiii)



a source whose emissions are regulated only under Section 112(r) or Title VI ofthe Federal Clean Air Act; exit gases fromin-line process analyzers; stacks or vents to prevent escape of sewer gases from domestic waste through plumbing traps; refrigeration equipment that is consistent with Section 601 through 618 of Title VI (Stratospheric Ozone Protection) of the Federal Clean Air Act, 40 CFR Part 82, and any other regulations promulgated by EPA under Title VI for stratospheric ozone protection, except those units used as or in conjunction with air pollution control equipment (A unit used as or in conjunction with air pollution control equipmentis required to be permitted under Section .0300 of this Subchapter unless it qualifies for another exemption under this Paragraph); equipment not vented to the outdoor atmosphere with the exception of equipment that emits volatile organic compounds (Equipment that emits volatile organic compounds is required to be permitted under Section .0300 of this Subchapter unless it qualifies for another exemption under this Paragraph); equipment that does not emit any regulated air pollutants; facilities subject only to a requirement under 40 CFR Part 63 (This Subpartdoesnot apply when a control device is used to meet a MACT or GACT emissionstandard;a control device used to meet a MACT or GACT emission standard is required tobe permitted under Section .0300 of this Subchapter unless it qualifies for another exemption under this Paragraph); sources for which there are no applicable requirements; animal operations not required to have control technology under Section .1800 of the Subchapter 02D (If an animal operation is required to have controltechnology,it shall be required to have a permit under this Subchapter).



(2)



categories of exempted size or production rate: (A) storage tanks:



(i)



(ii)



above-ground storage tanks with a storage capacity of no more than 1100 gallons storing organic liquids with a true vapor pressure of no more than 10.8 poundsper square inch absolute at 70 F; or underground storage tanks with a storage capacity of no more than 2500 gallons storing organic liquids with a true vapor pressure of no more than 10.8 psiabsolute at 70 F;



(B) combustion and heat transfer equipment:



(i)



fuel combustion equipment, except for internal combustion engines, firing exclusively kerosene, No. 1 fuel oil, No. 2 fuel oil, equivalent unadulterated fuels,or a mixture of these fuels or one or more of these fuels mixed with natural gas or liquefied petroleumgas with a heat input of less than:



(I) (II)



10 million Btu per hour for which construction, modification, or reconstruction commenced after June 9, 1989; or 30 million Btu per hour for which construction, modification, or reconstruction commenced before June 10, 1989;



Internal combustion engines are required to be permitted under Section .0300 of this Subchapter unless they qualify for another exemption under this Paragraph;



(ii)



(iii)



fuel combustion equipment, except for internal combustion engines, firing exclusively natural gas or liquefied petroleumgas or a mixture of these fuels witha heat input rating less than 65 million Btu per hour (Internal combustion enginesare required to be permitted under Section .0300 of this Subchapter unless theyqualify for another exemption under this Paragraph); space heaters burning waste oil if:



(I)



the heater burns only oil that the owner or operator generates or used oil from do-it-yourself oil changers who generate used oil as household wastes;





(II) (III) the heater is designed to have a maximum capacity of not more than 500,000 Btu per hour; and the combustion gases fromthe heater are vented to the ambient air;



(iv)



fuel combustion equipment with a heat input rating less than 10 million Btuperhour that is used solely for space heating except:



(I) (II) space heaters burning waste oil; or internal combustion engines;



(v)



emergency use generators and other internal combustion engines not regulatedby rules adopted under Title II of the Federal Clean Air Act, except self-propelled vehicles, that have a rated capacity of no more than:



(I) (II) (III) (IV) 680 kilowatts (electric) or 1000 horsepower for natural gas-fired engines; 1800 kilowatts (electric) or 2510 horsepower for liquefied petroleumgasfired engines; 590 kilowatts (electric) or 900 horsepower for diesel-fired or kerosene-fired engines; or 21 kilowatts (electric) or 31 horsepower for gasoline-fired engines;



(vi)



(vii)



(Self-propelled vehicles with internal combustion engines are exempted under Subpart (1)(c)(L)(i) of this Paragraph.) portable generators and other portable equipment with internal combustionengines not regulated by rules adopted under Title II of the Federal Clean Air Act, except self-propelled vehicles, that operate at the facility no more than a combined 350 hours for any 365-day period provided the generators or engines have a rated capacity of no more than 750 kilowatt (electric) or 1100 horsepower each and provided records are maintained to verify the hours of operation. Self-propelled vehicles with internal combustion engines are exempted under Subpart (1)(c)(L)(i)of this Paragraph; peak shaving generators that produce no more than 325,000 kilowatt-hours of electrical energy for any 12-month period provided records are maintained toverify the energy production on a monthly basis and on a 12-month basis;



(C) (D) gasoline distribution: bulk gasoline plants with an average daily throughput ofless than4000 gallons; processes:



(i)



(ii) (iii) (iv)



graphic arts operations, paint spray booths or other painting or coating operations without air pollution control devices (water wash and filters that are an integralpart of the paint spray booth are not considered air pollution control devices), and solvent cleaning operations located at a facility whose facility-wide actualemissions of volatile organic compounds are less than five tons per year (Graphic arts operations, coating operations, and solvent cleaning operations are definedin Rule 15A NCAC 02Q .0803); sawmills that saw no more than 2,000,000 board feet per year, provided only green wood is sawed; perchloroethylene dry cleaners that emit less than 13,000 pounds of perchloroethylene per year; electrostatic dry powder coating operations with filters or powder recoverysystems, including electrostatic dry powder coating operations equipped with curing ovens with a heat input of less than 10,000,000 Btu per hour;



(E) miscellaneous:



(i)



any source whose emissions would not violate any applicable emissions standard and whose potential emissions of particulate, sulfur dioxide, nitrogen oxides,volatile organic compounds, and carbon monoxide before air pollution controldevices,such as potential uncontrolled emissions, would each be no more than five tons peryear and whose potential emissions of hazardous air pollutants would be below their lesser quantity cutoff except: (I) storage tanks;





(II) (III) (IV) (V) (VI) (VII) (VIII) (IX)



fuel combustion equipment; space heaters burning waste oil; generators, excluding emergency generators, or other non-self-propelled internal combustion engines; bulk gasoline plants; printing, paint spray booths, or other painting or coating operations; sawmills; perchloroethylene dry cleaners; or electrostatic dry powder coating operations, provided that the total potential emissions of particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide fromthe facility are each less than 40 tons per year and the total potential emissions of all hazardousair pollutants are below their lesser quantity cutoff emission rates orprovided that the facility has an air quality permit. A source identified in Subsubpart (I) through (IX) of this Part is required to be permitted under15A NCAC 02Q .0300 unless it qualifies for another exemption under this Paragraph;



(ii)



(iii)



(iv)



any facility whose actual emissions of particulate, sulfur dioxide, nitrogen oxides, volatile organic compounds, and carbon monoxide before air pollution control devices, such as uncontrolled emissions, would each be less than fivetonsperyear, whose potential emissions of all hazardous air pollutants would be belowtheirlesser quantity cutoff emission rate, and none of whose sources would violate an applicable emissions standard; any source that only emits hazardous air pollutants that are not also a particulateor a volatile organic compound and whose potential emissions of hazardous air pollutants are below their lesser quantity cutoff emission rates; or any incinerator covered under Subparagraph (c)(4) of Rule 15A NCAC 02D .1201;



(F)



case-by-case exemption: activities that the applicant demonstrates to the satisfaction ofthe Director:



(i) (ii) (iii)



to be negligible in their air quality impacts; not to have any air pollution control device; and not to violate any applicable emission control standard when operating atmaximum design capacity or maximumoperating rate, whichever is greater.



(d) An activity that is exempt from the permit or permit modification process is not exempted from other applicable requirements. The owner or operator of the source is not exempt fromdemonstrating compliance with any applicable requirement. (e) Emissions fromstationary source activities identified in Paragraph (c) of this Rule shall be included in determining compliance with the toxic air pollutant requirements under 15A NCAC 02D .1100 or 02Q .0700 according to Rule 15A NCAC 02Q .0702 (exemptions fromair toxic permitting). (f) The owner or operator of a facility or source claiming an exemption under Paragraph (c) of this Rule shallprovidethe Director documentation upon request that the facility or source is qualified for that exemption. (g) If the Director finds that an activity exempted under Paragraph (c) of this Rule is in violation of or has violatedarule in 15A NCAC 02D, he shall revoke the permit exemption for that activity and require that activity to be permitted under this Subchapter if necessary to obtain or maintain compliance.



History Note:



Authority G.S. 143-215.3(a)(1); 143-215.107(a)(4); 143-215.108; Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanentrulebecomes effective, whichever is sooner; Eff. July 1, 1994; Amended Eff. April 1, 1999; July 1, 1998; July 1, 1997; November 1, 1996; Temporary Amendment Eff. December 1, 1999; Amended Eff. May 1, 2013; January 1, 2009; July 1, 2007; June 29, 2006; July 18, 2002; July 1, 2000.






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Last Modified: Wed May 8 15:51:08 2013
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