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Air permit applications must include precisely crafted zoning consistency determination requests
All air quality permit application submittals that do not include precisely crafted and executed zoning consistency determination requests will be deemed incomplete and will fail to start the ninety day working clock. Great care must be taken to ensure that all of the provisions of the general statute, DAQ regulations, and a DAQ policy memo are followed. The Small Business Assistance Program has developed templates to follow which will satisfy all of these requirements.
Click here for the templates and instructions
Facilities must have air permit before any construction can begin
The Attorney General's office recently clarified that a person "secure a permit prior to the actual on-site assembling of materials that will constitute a 'source.' " This would apply to modification of existing facilities as well as construction of new facilities. The letter references the PSD regulations [40 CFR 51.166(b)(11)] defining the term "begin actual construction" as listed below:
(11) Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
This essentially prohibits everything beyond "land clearing and grading."
Senator David Hoyle introduced legislation that would modify the General Statute that the Attorney General's office based their opinion upon. Senate Bill 1037 replaces words like "construction and installation" with "operation." That bill is currently under consideration.
Lead reporting threshold lowered from 10,000 to 100 pounds per year
EPA recently announced that it would proceed with a rule that requires more companies to report on the lead they use and release into the air, water, or land. Toxic chemical emissions data reports are required under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) also known as Title III of the Superfund Amendments and Reauthorization Act (SARA).
The new requirements to report lead and lead compound emissions will begin in 2001. The Toxics Release Inventory (TRI) report on those emissions must be submitted by July 1, 2002. Many companies refer to this report as 'Form R'.
Recognizing industry concerns regarding the burden of this new TRI reporting and the uncertainty as to when reporting would begin, EPA plans to assist companies in their compliance efforts. The SBAP will also provide assistance. Two of our engineers will receive training on TRI in May, including the new ATRS (Automated TRI Reporting Software).
See EPA's TRI Lead Rule webpage for complete details including the final rule, press release, and a factsheet.
Drycleaners must have secondary containment by Jan. 1, 2002
In order to be eligible for the North Carolina Dry-Cleaning Solvent Cleanup Program and access the North Carolina Dry-Cleaning Solvent Cleanup Fund, dry-cleaning facilities and wholesale distribution facilities must be in compliance at all times from this date forward with the following requirements:
Title 15A NCAC Subchapter 2S .0202(b)
(2) Spill containment shall be constructed in areas around dry-cleaning machines, filters, stills, vapor adsorbers, solvent storage areas, and waste solvent storage areas. The spill containment shall be constructed of or sealed with materials that are impervious to the applicable dry-cleaning solvent with a volumetric capacity of 110 percent of the largest vessel, tank, or container within the spill containment area. All floor drains within the containment shall be removed or permanently sealed with materials impervious to dry-cleaning solvents. Emergency adsorbent spill clean-up materials shall be on the premises. Facilities must maintain an emergency response plan that is in compliance with federal, state and local requirements.
Impervious is defined in 2S .0102 to mean a material that is specifically manufactured for the containment of dry-cleaning solvent.
Spill containment is defined in 2S .0102 to mean a structure constructed of steel with welded seams or a product specifically manufactured to prevent the release of dry-cleaning solvent.
(4) Facilities that use perchloroethylene shall use a closed container solvent transfer system.
Closed container solvent transfer system is defined in 2S .0102 to mean a device or system specifically designed to fill a dry-cleaning machine with dry-cleaning solvent through a mechanical valve or sealed coupling in order to prevent spills or other loss of solvent liquids or vapors to the environment.
Questions concerning these rules may be directed to: |
