N.C. Department of Environment and Natural Resources
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15A NCAC 02Q .0706 MODIFICATIONS



(a) For modification of any facility undertaken after September 30, 1993, that:



(1)



(2)



(3)



is required to have a permit because of applicability of a Section, other than Section .1100, in Subchapter 02D of this Chapter except for facilities whose emissions of toxic air pollutants result only from insignificant activities as defined in 15A NCAC 02Q .0103(20) or sources exempted under Rule .0102 of this Subchapter; has one or more sources subject to a MACT or GACT standard that has previously been promulgated under Section 112(d) of the federal Clean Air Act or established under Section 112(e) or 112(j) of the Clean Air Act; or has a standard industrial classification code that has previously been called under Rule .0705 of this Section;



the owner or operator of the facility shall comply with Paragraphs (b) and (c) of this Rule. (b) The owner or operator of the facility shall submit a permit application to comply with 15A NCAC 02D .1100 if the modification results in:



(1) (2)



a net increase in emissions or ambient concentration of any toxic air pollutant that the facility was emitting before the modification; or emissions of any toxic air pollutant that the facility was not emitting before the modification if such emissions exceed the levels contained in Rule .0711 of this Section.



(c) The permit application filed pursuant to this Rule shall include an evaluation for all toxic air pollutants covered under 15A NCAC 02D .1104 for which there is:



(1) (2)



a net increase in emissions of any toxic air pollutant that the facility was emitting before the modification; and emission of any toxic air pollutant that the facility was not emitting before the modification if such emissions exceed the levels contained in Rule .0711 of this Section.



All sources at the facility, excluding sources exempt from evaluation in Rule .0702 of this Section, emitting these toxic air pollutants shall be included in the evaluation. Notwithstanding 02Q .0702(a)(18), on and after July 10, 2010, an evaluation of a modification to a combustion source shall also include emissions from all permitted combustion sources as defined in 02Q .0703. A permit application filed pursuant to Subparagraph (b)(2) of this Rule shall include an evaluation for all toxic air pollutants identified by the Director as causing an acceptable ambient level in 15A NCAC 02D .1104 to be exceeded. (d) If a source is included in an air toxic evaluation, but is not the source that is being added or modified at the facility, and if the emissions from this source must be reduced in order for the facility to comply with the rules in this Section and 15A NCAC 02D .1100, then the emissions from this source shall be reduced by the time that the new or modified source begins operating such that the facility shall be in compliance with the rules in this Section and 15A NCAC 02D .1100.



History Note:



Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, C. 168, S. 45; Rule originally codified as part of 15A NCAC 2H .0610; Eff. July 1, 1998; Amended Eff. July 10, 2010; December 1, 2005; April 1, 2005.






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Last Modified: Wed Sep 22 11:42:14 2010
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