Rules in the Hearing Process

Comment Period for Gas Stations Exclusionary Rule Revisions

Purpose: To receive comments on the proposed amendments to 15A NCAC 02Q .0802, Gasoline Service Stations and Dispensing Facilities. Also, to receive comment on the accompanying regulatory impact analysis (RIA) for the proposed revisions.

The amendments in this rulemaking propose to increase the annual gasoline throughput limit under which gasoline service stations and dispensing facilities are exempt from 15A NCAC 02Q .0500 requirements for purposes of Title V permitting. The limit ensures that a facility’s emissions remain below the major source thresholds of 100 tons per year (tpy) of volatile organic compounds (VOCs), 25 tpy of combined hazardous air pollutants (HAPs), and 10 tpy of each individual HAP. The limit is recalculated to reflect the increased presence of onboard refueling vapor recovery (ORVR) emissions control equipment in the light-duty gasoline vehicles refueling at these facilities.

EPA requirements for ORVR on light-duty vehicles have been phased in since the current threshold was adopted in 1995, and application of the phased-in federal ORVR requirements to the recent North Carolina vehicle populations indicates that 85% of the on-road vehicles registered in the State are equipped with ORVR. As the percentage of vehicles with ORVR in the fleet increases, so does the maximum amount of gasoline these facilities can dispense while keeping actual emissions below major source thresholds. Therefore, NC DAQ is proposing to increase the annual gasoline throughput Title V exclusionary threshold in 15A NCAC 02Q .0802 from 15 million gallons to 52 million gallons, along with the annual and semiannual reporting thresholds for facilities approaching the exclusionary threshold.

Documents:

Public Hearing Date and Location: February 8, 2024 at 6:00 p.m. at the DEQ Green Square Office Building, 1st Floor Training Room (#1210), 217 West Jones Street, Raleigh, NC 27603; or via Cisco Webex Digital Hearing:

Participants can join the meeting starting at 5:45 PM

Cisco WebEx Link: https://tinyurl.com/5c6j8phh

Meeting Number (Access Code):
US TOLL +1-415-655-0003, Access code: 2426 601 7892

Meeting Password: NCDAQ

*If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on February 8, 2024. To register, please click the following link: https://forms.office.com/g/p4tmfne7xZ

*For instructions on ways to join the public hearing, please refer to the following link:
https://www.deq.nc.gov/about/boards-and-commissions/how-attend-webex-meeting-0

*If you have technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8430

Comment Period Duration: Tuesday, January 2, 2024 - Monday, March 4, 2024

Please submit comments via any of the methods below:

Email: daq.publiccomments@deq.nc.gov (Please type “Gas Station Exclusionary Rule Revision” in the subject line)

Postal Mail: Ms. Katherine Quinlan
   Division of Air Quality
   1641 Mail Service Center
   Raleigh, NC 27699-1641

Fax: (919) 715-0717 (Please address it to “Katherine Quinlan”)

Voicemail: (919) 707-8430 (Please state your name and any affiliation before commenting)

Español: Para información del contenido de esta página en español, comuníquese con la Sra. Carolina Jiménez llamando al 919-609-2189 o enviando un correo electrónico a Guadalupe.jimenez@deq.nc.gov

Comment Period for NOx SIP Call Rules

Purpose: To receive comments on the proposed amendments and adoption of the NOx SIP Call Rules. Also, to receive comment on the accompanying fiscal note for the proposed amendments and adoptions.

On September 9, 2021, the Environmental Management Commission (EMC) approved proceeding to public comment on the NOx SIP Call Rules and fiscal note.

There are a total of four rules going to public comment: 15A NCAC 02D .1401, .1402, .1424, and .1425.

15A NCAC 02D .1401, Definitions. This rule is proposed for amendment to add clarity and consistency for the definitions of “EGU”, “Large non-EGU”, and “NOx SIP Call control period.”

15A NCAC 02D .1402, Applicability. This rule is proposed for amendment to add clarity and consistency by updating the rule references for applicability.

15A NCAC 02D .1424, Large Non-Electric Generating Units. This rule is proposed for adoption to specify the monitoring, recordkeeping, and reporting for permitted facilities with large non-EGUs that opt to implement alternative monitoring to the 40 CFR Part 75 monitoring requirements. The rule outlines specific methodology for facilities to implement to qualify for the alternative monitoring approach.

15A NCAC 02D .1425, NOx Call SIP Budget. This rule is proposed for adoption to directly incorporate the statewide NOx SIP Call Budgets and the reporting requirements of affected facilities with EGUs.

Documents:

Public Hearing Date and Location: Wednesday, December 1, 2021, 6:00 P.M.

NOx SIP Call Digital Hearing

Event address for attendees: https://bit.ly/3oDLv7T

Date and time: Wednesday, December 1, 2021 6:00 pm, (New York, GMT-04:00)

Event password: NCDAQ

Audio conference: To receive a call back, provide your phone number when you join the event, or call the number below and enter the access code. US TOLL +1-415-655-0003, Show all global call-in numbers, Access code: 2438 351 6868

If you wish to speak at the digital public hearing, you must register, provide the required information, and follow instructions on ways to join the public hearing. Registration must be completed by 4:00 PM on December 1, 2021. To register, please click the following link: https://bit.ly/3v0EoI9

Comment Period Ends: December 14, 2021

Please submit comments via any of the methods below:

Email: daq.publiccomments@ncdenr.gov (Type “NOx SIP Call” in the subject line)

Postal Mail: Rule Development Branch Supervisor
    NC Division of Air Quality
    1641 Mail Service Center
    Raleigh, NC 27699-1641

Fax: (919) 715-0717 (Address to “Rule Development Branch Supervisor”)

Voicemail: (919) 707-8403 (State your name and affiliation if any)

For instructions on how to join the public hearing via Webex, please refer to the following links:
1. https://edocs.deq.nc.gov/AirQuality/DocView.aspx?id=400651&dbid=0&repo=AirQuality&searchid=47aeab00-6fa5-432e-920a-964434eab696

2. https://www.webex.com/test-meeting.html

For technical difficulties, the following automated voicemail has been set up to receive your verbal comments: 919-707-8403.

Procedure for Subjecting a Proposed Rule to Legislative Review:

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Questions or comments on the material above can be sent to Rule Development Branch Supervisor.