15A N.C. Admin. Code 2D.1806

Current through Register Vol. 38, No. 20, April 15, 2024

Section 02D .1806 - CONTROL AND PROHIBITION OF ODOROUS EMISSIONS

(a) Purpose. The purpose of this Rule is to provide for the control and prohibition of objectionable odorous emissions.

(b) Definitions. For the purpose of this Rule, the following definitions shall apply:

(1) "Commercial purposes" means activities that require a State or local business license to operate.

(2) "Temporary activities or operations" means activities or operations that are less than 30 days in duration during the course of a calendar year and do not require an air quality permit.

(c) Applicability. With the exemptions in Paragraph (d) of this Rule, this Rule shall apply to all operations that produce odorous emissions that can cause or contribute to objectionable odors beyond the facility's boundaries.

(d) Exemptions. The requirements of this Rule do not apply to:

(1) processes at kraft pulp mills identified in 15A NCAC 02D .0528 and subject to 15A NCAC 02D .0524 or 02D .0528;

(2) processes at facilities that produce feed-grade animal proteins or feed-grade animal fats and oils identified in 15A NCAC 02D .0539;

(3) motor vehicles and transportation facilities;

(4) all on-farm animal and agricultural operations, including dry litter operations and operations subject to 15A NCAC 02D .1804;

(5) municipal wastewater treatment plants and municipal wastewater handling systems;

(6) restaurants and food preparation facilities that prepare and serve food on site;

(7) single family dwellings not used for commercial purposes;

(8) materials odorized for safety purposes;

(9) painting and coating operations that do not require a business license;

(10) all temporary activities or operations; or

(11) any facility that stores products that are grown, produced, or generated on one or more agricultural operations and that are "renewable energy resources," as defined in G.S. 62-133.8(a)(8) if the facility identifies the sources of potential odor emissions and specifies odor management practices in their permit pursuant to 15A NCAC 02Q .0300 or 02Q .0500 to minimize objectionable odor beyond the property lines.

(e) Control Requirements. The owner or operator of a facility subject to this Rule shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary.

(f) Odor management plan. If the Director determines that a source or facility subject to this Rule is causing or contributing to objectionable odors beyond its property boundary by the procedures described in Paragraph (i) of this Rule, the owner or operator shall develop and submit an odor management plan within 60 days of receipt of written notification from the Director of an objectionable odor determination. The odor management plan shall:

(1) identify the sources of odorous emissions;

(2) describe how odorous emissions will be controlled from each identified source;

(3) describe how the plan will be implemented; and

(4) contain a schedule by which the plan will be implemented.

Upon receipt of an approval letter from the Director for the odor management plan, the source or facility shall implement the approved plan within 30 days, unless an alternative schedule of implementation is approved as part of the odor management plan submittal. If the Director finds that the odor management plan does not meet the requirements of this Paragraph or address the specific odor concerns, he or she shall notify the owner or operator of any deficiencies in the proposed plan. The owner or operator shall have 30 days after receipt of written notification from the Director to resubmit the odor management plan correcting the stated deficiencies with the plan or the schedule of implementation. If the owner or operator fails to correct the plan deficiencies with the second draft plan submittal or repeatedly fails to meet the deadlines set forth in this Paragraph or Paragraph (g) of this Rule, the Director shall notify the owner or operator in writing that they are required to comply with the maximum feasible control requirements in Paragraph (h) of this Rule.

(g) Odor management plan revision. If after the odor management plan has been implemented, the Director determines that the plan fails to eliminate objectionable odor emissions from a source or facility using the procedures described in Paragraph (i) of this Rule, he or she shall require the owner or operator of the facility to submit a revised plan. Within 60 days after receiving written notification from the Director of a new objectionable odor determination, the owner or operator of the facility shall submit a revision to their odor management plan following the procedures and timelines in Paragraph (f) of this Rule. If the revised plan, once implemented, fails to eliminate objectionable odors, then the source or facility shall comply with requirements in Paragraph (h) of this Rule.

(h) Maximum feasible controls. If an amended odor management plan does not prevent objectionable odors beyond the facility's boundary, the Director shall require the owner or operator to implement maximum feasible controls for the control of odorous emissions. Maximum feasible controls shall be determined according to the procedures in 15A NCAC 02D .1807. The owner or operator shall:

(1) complete the process outlined in 15A NCAC 02D .1807 and submit a complete permit application according to 15A NCAC 02Q .0300 or 15A NCAC 02Q .0500, as applicable, within 180 days of receipt of written notice from the Director requiring implementation of maximum feasible controls. The application shall include a compliance schedule containing the following increments of progress:

(A) a date by which contracts for the odorous emission control systems and equipment shall be awarded or orders shall be issued for purchase of component parts;

(B) a date by which on-site construction or installation of the odorous emission control systems and equipment shall begin;

(C) a date by which on-site construction or installation of the odorous emission control systems and equipment shall be completed; and

(D) a date by which final compliance shall be achieved.

(2) install and begin operating maximum feasible controls within 18 months after receiving written notification from the Director of the requirement to implement maximum feasible controls. The owner or operator may request an extension to implement maximum feasible controls. The Director shall approve an extension request if he or she finds that the extension request is the result of circumstances beyond the control of the owner or operator.

The owner or operator shall certify to the Director within five days after the deadline for each increment of progress in this Paragraph whether the required increment of progress has been met.

(i) Determination of the existence of an objectionable odor. A source or facility is causing or contributing to an objectionable odor when:

(1) a member of the Division staff determines by field investigation that an objectionable odor is present by taking into account the nature, intensity, pervasiveness, duration, and source of the odor and other pertinent such as wind direction, meteorology, and operating parameters of the facility;

(2) the source or facility emits known odor-causing compounds such as ammonia, total volatile organics, hydrogen sulfide, or other sulfur compounds at levels that cause objectionable odors beyond the property line of that source or facility; or

(3) the Division receives from the State Health Director epidemiological studies associating health problems with odors from the source or facility.

15A N.C. Admin. Code 02D .1806

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. April 1, 2001;
Readopted Eff. September 1, 2019.

Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5);
Eff. 4/1/2001.

Readopted by North Carolina Register Volume 34, Issue 07, October 1, 2019 effective 9/1/2019.