1. EMC – Air Quality Committee March 9, 2016
Concept – 15A NCAC 2D Start-up, Shut-down, Malfunction SSM SIP Call

2. Start-up, Shut-down, Malfunction (SSM) SIP Call
On May 22, 2015, the U.S. Environmental Protection Agency (EPA) issued a final action to ensure states have plans in place that are fully consistent with the Clean Air Act and recent court decisions concerning start-up, shut-down and malfunction (SSM) emission limit exemptions. EPA’s final action responds to the Sierra Club Petition; clarifies the EPA’s SSM Policy to assure consistency with the Clean Air Act and recent court decisions; and finalizes findings that the SSM provisions in the SIPs of 36 states that do not meet the requirements of the Clean Air Act (CAA) and accordingly issues a “SIP call” for each of those states.
Department of Environmental Quality

3. Start-up, Shut-down, Malfunction (SSM) SIP Call
In issuing the SIP call action, the EPA directs the affected states to correct specific SSM provisions in their SIPs. The Clean Air Act allows a maximum of 18 months from the issuance of the final action to submit a SIP revision. The SIP submission deadline for each of the 36 states subject to the SIP call action is November 22, 2016.
Department of Environmental Quality

4. Start-up, Shut-down, Malfunction (SSM) SIP Call
As described in the February 2013 proposal, the Petitioner objected to two generally applicable provisions in the North Carolina SIP that provide exemptions for emissions exceeding otherwise applicable SIP emission limitations at the discretion of the state agency during malfunctions (15A NCAC 02D (c)) and during start-up and shut-down (15A NCAC 02D .0535(g)).
Department of Environmental Quality

5. Start-up, Shut-down, Malfunction (SSM) SIP Call
The EPA proposed to, and subsequently did, grant the Petition with respect to 15A NCAC 02D .0535(c) and (g), finding that 15A NCAC 02D .0535(c) and 15A NCAC 02D .0535(g) are substantially inadequate to meet CAA requirements. Consistent with its February proposal, EPA also proceeded to issue a SIP call with respect to these provisions.
Department of Environmental Quality

6. Start-up, Shut-down, Malfunction (SSM) SIP Call
NC DAQ proposes to edit the existing 15A NCAC 2D to add an “If then” applicability statement:
Department of Environmental Quality

7. Start-up, Shut-down, Malfunction (SSM) SIP Call
New 15A NCAC 02D applicability:
15A NCAC 02D is not in effect if 15A NCAC 02D is valid.
In the event that US EPA’s SSM SIP call is declared invalid, unconstitutional, stayed, withdrawn, repealed, revoked or otherwise rendered of no force and effect, rule 15A NCAC 02D of this Subchapter shall be invalid, void, stayed, or otherwise without force.
Department of Environmental Quality

8. Start-up, Shut-down, Malfunction (SSM) SIP Call
The DAQ proposes to add a new rule:
15A NCAC 02D TREATMENT OF MALFUNCTION EVENTS AND WORK PRACTICES FOR START-UP AND SHUT-DOWN OPERATIONS
Department of Environmental Quality

9. Start-up, Shut-down, Malfunction (SSM) SIP Call
15A NCAC 02D will have a similar “if-then” statement so that will not be in effect if the SIP call is invalidated.
2D will address Start-up, Shut-down and malfunction events and define how a facility can comply during those time periods.
Department of Environmental Quality

10. Start-up, Shut-down, Malfunction (SSM) SIP Call
For Start-up and Shut-down periods, facilities can comply with:
Existing numeric emission limits
Generally available work practice standards
Federal work practice standards applicable to similar equipment
Source specific start-up and shut-down work practice standard permit limit
Department of Environmental Quality

11. Start-up, Shut-down, Malfunction (SSM) SIP Call
For Malfunction periods, facilities can comply with:
Existing numeric emission limits
Source specific malfunction work practice standard permit limit
Department of Environmental Quality

12. Start-up, Shut-down, Malfunction (SSM) SIP Call
Since the facility will have the ability to comply with work practice standards, the facility will be subject to a standard at all times.
Reporting will continue to be required for excess emissions associated with malfunctions.
Department of Environmental Quality

13. Start-up, Shut-down, Malfunction (SSM) SIP Call
These amendments are being proposed by staff in response to the SIP call.
Statutory Authority
G.S (a)(1); (a)(4); (a)(5).
Department of Environmental Quality

14. Start-up, Shut-down, Malfunction (SSM) SIP Call
Questions?
Michael Pjetraj
Department of Environmental Quality