15A NCAC 02Q .0701 SECTION .0700 - TOXIC AIR POLLUTANT PROCEDURES APPLICABILITY (a) With the exceptions in Rule .0702 of this Section, no person shall cause or allow any toxic air pollutant named in 15A NCAC 02D .1104 to be emitted from any facility into the atmosphere at a rate that exceeds the applicable rate(s) in Rule .0711 of this Section without having received a permit to emit toxic air pollutants as follows: (1) (2) (3) new facilities according to Rule .0704 of this Section; existing facilities according to Rule .0705 of this Section; modifications according to Rule .0706 of this Section. (b) The Division shall assess risks from all existing exempt combustion sources using exposure and risk assessment methodologies and information and report findings to the EMC no later than July 1, 2014, and every five years thereafter. Based on these findings, the EMC shall determine if amendments to this Section are appropriate and necessary. (c) Facilities required to comply with MACT standards under 15A NCAC 02D .1109, .1111, or .1112 or 40 CFR Part 63 shall be deemed in compliance with this Subchapter and 15A NCAC 02D .1100 unless the Division determines that modeled emissions result in one or more acceptable ambient levels in 15A NCAC 02D .1104 being exceeded. This review shall be made according to the procedures in 15A NCAC 02D .1106. Once a facility demonstrates compliance with the acceptable ambient levels in 15A NCAC 02D .1104, future demonstrations shall only be required on a five-year basis. When an acceptable ambient level for a toxic air pollutant in 15A NCAC 02D .1104 is changed, any condition that has previously been put in a permit to protect the previous acceptable ambient level for that toxic air pollutant shall not be changed until the permit is renewed, at which time the owner or operator of the facility shall submit an air toxic evaluation showing that the new acceptable ambient level will not be exceeded. History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; Rule originally codified as part of 15A NCAC 2H .0610; Eff. July 1, 1998; Amended Eff. July 10, 2010; February 1, 2005.