In accordance with 15A NCAC 2Q .0523, Title V Permittees may make Section 502(b)(10) changes without having a permit revised if the following four (4) conditions are met:
1. The changes are not a modification under 15A NCAC 02D* or Title I of the federal Clean Air Act. The determination of whether a change qualifies as a 502(b)(10) is highly fact specific and may be unique to the individual facility. Some examples of changes that might qualify as 502(b)(10) changes include:
- Replacing an emission/process unit with an identical unit.
- Adding an emissions unit to an existing process with permitted units, operating under an emissions cap, when the addition results in no emissions increase over the cap.
- Making a change to a permitted source that affects emissions but does not result in an emissions increase above an existing emissions limit.
- Increasing or changing fuels or raw materials used in a permitted source that affects emissions but does not result in an emissions increase above an existing emissions limit.
- Installing emission control equipment or limiting emissions from a permitted source provided the action does not avoid an applicable requirement.
- Changing the filter size of an existing bagfilter.
* In the event that the proposed change may require a permit under the North Carolina Toxics program, please contact the Raleigh Central Office, Air Permits Section for 502(b)(10) modification availability for this change.
2. The changes do not cause the emissions allowed under the permit to be exceeded.
3. The Permittee notifies the Director and EPA with written notification at least seven days before the change is made. Consistent with 15A NCAC 2Q .0523 the Permittee may make the change after the expiration of the seven day notice period (See 15A NCAC 2Q .0523(a)(1)(C)). The DAQ will send a letter acknowledging receipt of the 502(b)(10) notification form and interim permit conditions. However, there is no DAQ approval or review required to verify whether the change qualifies as a 502(b)(10) change. If the DAQ subsequently determines that a change does not qualify as a 502(b)(10) and the Permittee has already made the change, the facility may be subject to enforcement for having failed to obtain a permit revision. Pursuant to 15A NCAC 2Q .0111, the Permittee may submit an applicability determination request asking the DAQ to verify that the proposed change does qualify as a 502(b)(10) change. The permit shield does not extend to 502(b)(10) changes but the Permittee must certify compliance with the existing permit terms on the annual compliance certification.
Signed copies of completed 502(b)(10) notification form and interim permit conditions should be sent via certified mail to:
- Mr. Brad Akers
Air Permitting Section Chief, US EPA Region 4
Mail Code 9T25
61 Forsyth Street SW
Atlanta, GA 30303
- Mark Cuilla
Chief, Permitting Section
1641 Mail Service Center
Raleigh, NC 27699-1641
- NC Division of Air Quality Regional Supervisor
(See here for regional contact information.)
4. The Permittee attaches the notice to the relevant permit. Attach a copy of the signed 502(b)(10) notification form and interim permit conditions to the back of your Title V permit. Follow each interim permit condition until your permit is revised to include the change(s) during the next renewal or significant modification of the permit. At the next renewal or significant modification of the permit, NC DAQ will require that all applicable application forms (A, D1, E1, E2 and E5 and any other applicable B/C/D/E form(s)) be submitted for each emission source associated with the requested 502(b)(10) change. Please Note:
- The facility must be a operating under a Title V permit to qualify for the 502(b)(10) notification process;
- Interim permit conditions applicable to the change(s) must be typed or printed in blue or black ink and should follow the format of existing permit conditions including applicable emission limits, testing, monitoring, recordkeeping and reporting. When control is needed to ensure compliance with an emissions limit, these conditions must specify monitoring parameter(s), frequency, and recordkeeping as well as the contents of semi-annual reports. For the emissions change section on the form, in addition to the emission increases associated with the affected source, also include actual emission increases resulting from affected auxiliary sources (i.e. a boiler providing additional steam needs).
- No application fee is required;
- The facility assumes all financial risks associated with construction and operation without a permit revision; and
- The facility must address compliance with interim permit conditions for all 502(b)(10) changes in the annual compliance certification.
|502(b)(10) Notification Form|
|502(b)(10) Notification Form||(.xls)|