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 the HB 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 (NESHAP), Maximum Available Control Technology (MACT), Area Source NESHAPs, and 112(j) case-by-case MACT determinations (i.e., 40 CFR Parts 61 and 63).

HB 952 provides a catch-all provision to address "unacceptable risk" as a means to ensure that those projects that truly present a risk to population are reviewed appropriately.

While there was some initial uncertainty as to how to deal with the "unacceptable risk" provision of the law, NC DAQ has indicated that it may remove the NC air toxics provisions from permits on a case-by-case basis for emissions sources subject to one of the above cited federal regulations. If you desire to remove NC air toxics requirements from your permit, you should discuss this with your DAQ permit writer or feel free to contact Trinity Consultants to learn more about the implications on HB 952.