North Carolina Clean Air Act Section 110(l) Noninterference Demonstration for Revisions to Rule 15A NCAC 02Q .0207, Annual Emissions Reporting

On November 29, 2017, the Division of Air Quality (DAQ) submitted the final “North Carolina Clean Air Act Section 110(l) Noninterference Demonstration for Revisions to Rule 15A NCAC 02Q .0207, Annual Emissions Reporting” for approval by the U.S. Environmental Protection Agency (EPA).  The 02Q .0207 rule was revised during the Administrative Procedures Act Process as required under Group 2 of re-adoption of 15A NCAC Subchapter 02Q, Sections .0100, .0200, .0300, .0400, .0500, .0800, and .0900 consistent with the provisions of G.S. 1508-21.3A.  The Section 110(l) Noninterference Demonstration for Revisions to Rule 15A NCAC 02Q .0207, Annual Emissions Reporting, was finalized after completing the public notice process and included in the final Group 2 rule submittal package to EPA on July 10, 2019.  The Narrative, Proposed Revisions to Rule, and Public Notice Report are available through the following links:

DEQ Submittal:

Paragraphs (c) and (d) of the Annual Emissions Reporting Rule address the emissions statement certification requirements of Section 182(a)(3)(B) of the Clean Air Act (CAA) for areas designated nonattainment with the ozone National Ambient Air Quality Standard (NAAQS) under Title I, Part D, Subpart 2 of the CAA. The DAQ is proposing to revise paragraphs (c) and (d) of the rule to identify only those counties that remain subject to the emissions statement certification requirements located in the Charlotte maintenance area for the 2008 8-hour ozone NAAQS.  The proposed revisions would remove the administrative burden associated with preparing and submitting emissions statements to the DAQ on the owners or operators of non-Title V facilities located in five full counties and portions of eight other counties that are classified as maintenance areas for the former 1979 1-hour and 1997 8-hour ozone NAAQS. The proposed revisions would not change any air emissions control requirements for the facilities. The DAQ tracks NOx and VOC emissions for non-Title V facilities through existing emissions reporting provisions applicable during permit modifications and renewals and through routine compliance inspection activity. Therefore, the DAQ believes that this proposed change will have no impact on the emissions and air quality in the areas that are maintenance for the former 1979 1-hour and 1997 8-hour ozone NAAQS. 

EPA Actions: