House Bill (HB) 952, entitled "State Air Toxics Program Reforms" was signed into law on June 28, 2012, replacing the long-standing program that was originally developed in late 1980's and implemented in May 1990. As it has become law, it has garnered a variety of interpretations, which has left many in industry unsure with how to proceed with the new law. The intent of law was to exempt from the NC air toxics program those sources subject to federal rule requirements under the National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61 NESHAPs), Maximum Available Control Technology (MACT) Standards (40 CFR Part 63 NESHAPs), and case-by-case MACT determinations made pursuant to Sections 112(g) and (j) (i.e., 40 CFR Part 63 Subpart B).
Pursuant to the requirements of the new law, the NC DAQ is required to assess whether changes could be made to reduce unnecessary regulatory burden and increase the efficient use of NC DAQ resources while maintaining protection of public health. The law requires the NC DAQ to provide results of this review to the Environmental Management Commission (EMC) no later than December 1, 2012. A public stakeholders meeting is being held near the NC DAQ offices on September 25, 2012. An announcement of the meeting and other details regarding receipt of public comment are provided at http://daq.state.nc.us/news/pr/2012/toxics_ 09072012.shtml.