15ANCAC 02D '0544 is proposed for adoption as follows:

15A NCAC 

### 02D .0544 TlQN 

### REQUIRE

(a) The puspose of this Rule is to implement a program for the prevention of significant deterioration of air aualitv for greenhouse gases as required by 40 CFR 5 1.166. For pusposes of greenhouse gases, the orovisions of this Rule shall apply rather than the provisions ofRule .0530 of this Section. For all other regulatedNSR pollutants, the provisions of Rule .0530 of this Section apply. lb) For the pusposes of this Rule, the definitions contained in 40 CFR 5 1.166(b)and 40 CFR 5 1.30

### 1 shall apply except the definition of "baseline actual emissions." "Baseline actual emissions"means the rate of emissions,in tons per year, of

a re~ulated new source review (NSR)pollutant, as determined in accordancewith Subparagraphs(1) through (3) ofthis Paragraph: (1) For an existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selectedby the owner or operator within the 5-year period immediately preceding the date that a complete permit a~plication is received by the Division for a permitreauired under this Rule. The Director shall allow a different time period,

not to exceed 10 years immediately preceding the date that a complete permit application is received bv the Division, if the owner or operator demonstratesthat it is more representativeofnormal source operation. For the puspose of determining baseline actual emissions, the following shall apply: [A) The average rate shall include fu~itive emissions to the extent auantifiable, and emissions associated with startups, shutdowns, and malfunctions; (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was opera tin^ above any emission limitation that was legally enforceable during the consecutive 24-month period; (C) For an existing emission unit (other than an electricutility steam generating unit), the average rate shall be adiusted downward to exclude any emissions that would have exceeded an emissionlimitationwith which the maior stationaw sourcemust currently comply.However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the reauirementsof40 CFR 5l.l65(a)(3)(ii)(G) for an emission limitationthat ispast of



### a maximum achievable control technology standard that the Administrator proposed or promulgated underpart 63 ofthe Code ofFederal Regulations,the baseline actual emissions shall be adiusted to account for such emission reductions; (D) For an electricutilitv steam generating unit, the average rate shall be adiusted downwardto reflect any emissions reductions under G. S. 143-215.1 07D and for which cost recoveni is sought pursuant to G. S. 62-133.6; 

### (E) For a regulated NSR pollutant, when a proiect involves multiple emissionsunits., only one consecutive24-month period shall be used to determine the baseline actual emissions for allthe emissions units beinp changed. A different consecutive 24-month period for each regulated NSR pollutant can be used for each regulated NSR pollutant; and IF1 The average rate shall not be based on any consecutive 24-month period for which there is inadequateinformation for determining annual emissions, in tons per year, and for adiusting this amount if required by Parts (B) and (C) of this Subparagraph. (21 For a new emissions unit, the baseline actual emissions for purooses of determining the emissions increase that will result from the initial constructionand operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unitk potential to emit. (3) For a plantwide applicability limit 

### (PAL)for a stationary source,the baseline actual emissions shallbe calculated for existing emissions units in accordancewith the procedures contained in Subparagraph (1) of this Paragraph and for a new emissions unit in accordance with the procedures contained in Subparagraph (2) of this Paragraph. (c) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 5 1.166(b)(3)iii) shall be seven years. (d) The limitation specified in 40 CFR 

### 5 1.1 66(b)(15)(ii) shall not apply. {e) Maior stationary sources and maior modifications shall comply with the requirementscontained in 40 CFR 5 1.1666) and (a)(7) and by extensionin 40 CFR 5 1.166ii)through (0)and (w).Thetransitionprovisions allowedby 40 CFR 52.2 1 li)(ll)(i) and (ii) and (m)(l)(vii)and (viiif are hereby adopted under this Rule. Theminimum requirementsdescribed in the portions of 40 CFR 5 1.166 referencedin this Paragraph arehereby adopted as the requirements to be used under this Rule, except as otherwise provided in this Rule. Wherever the language ofthe portions of40 CFR 5 1.166referenced in this Paragraph speaks of the "plan." the requirements described therein shall applv to the source to which they pertain, except as otherwiseprovided in this Rule. Whenever the portions of40 CFR 5 1.166 referenced in fmsParagraphprovide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of nonapplicabilitv are also hereby adopted under this Rule. However, this provision shall not be interpreted

so as to limit information that may be requested from the owner or operator by the Director as specified in 40 CFR 

### 5 1.166Cn)(2). 

### (fi 40 CFR 5l.l66(w)( lO)('iv)(af is changed to read: "If the emissions level calculated in accordance with Paragraph (wf(6) of this Section is equal to or greater than 80 percent ofthe PAL [plantwide applicabilitylimit1 level, the Director shall renew the 

### PAL at the same level." 40 CFR 5 1.166(wfi1 Of (ivN'bi is not incorporatedby reference. (g) 15ANCAC 020.0 102and .0302 are not applicable to any sourceto which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 020 .0300 or .0500. [h) When a particular source or modification becomes a maior stationary sourceormaior modification solelyby virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions ofthis Rule shall applvto the source or modification as though construction had not yet begun on the source or modification.li) The provisions of 40 CFR 52.21(r)(2) regarding the period of validi~ of approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". li) Permits may be issued based on innovative control technolo~y as set forth in 40 CFR 5 1.166(s)(l)ifthe requirements of40 CFR 5 1.166(~)(2) have been met, subjectto the conditionof40 CFR 5 1.166(~)(3), and with the allowance setforth in 40 CFR 5 1.166(~)(4). 

### (k) A permit applicationsubiect to this Rule shall be processed in accordance with the procedures and requirements of 40 CFR 5 1.166(4).Within 30 days ofreceipt ofthe application, applicants shall be notified if the applicationis complete as to initial information submitted. Commencement of constmction before full prevention of significant deterioration approval is obtained constitutes a violation of this Rule. (1) Approval of an application with regard to the recmirements ofthis Rule shall not relieve the owner or operator ofthe responsibilityto comply fully with applicable provisions of other rules ofthis Subchapteror Subchapter020ofthisTitle and any other requirements under local, state, or federal law. {m) If the owner or operator of a source is using projected actual emissions to avoid applicability of prevention of significant deterioration requirements, the owner or operator shall notifV the Director of the modification before beginning actual construction. The notification shall include: ill a description of the ~roiect; 

### f2) identification of sources whose emissions could be affected by the proiect; (3) the calculated projected actual emissions and an explanation of how the proiected actual emissions

were calculated, including identification of emissions excluded by 40 CFR 5 1.166(b)(40Mii)(c); (41 the calculated baseline actual emissionsand an explanation ofhow the baseline actual emissionswere calculated; and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a prevention of significant deterioration evaluation.then the Director shallnotif'y the owner or operatorof his findings. The owner or operator shall not make the modificationuntil it has received a permit issued pursuant to this Rule. If a permit revision is not requiredpussuantto this Rule, the owner or operator shall maintain records of annual emissions in tons per year, on a calendaryear basis related to the modifications for 10 years following resumption of regular operations afier the chan~e if the proiect involves increasing the emissions unit's design capacitv or its potential to emit the regulated 

### NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the Director within 60 days after the end of each year duringwhich these recordsmustbe generated. Thereport shall contain the items listed in 40 CFR 5 1.166(r)( 6)(v)(a)through (cl.The owneror operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the re~uirements in 40 CFR 70.4(b)(3)(viii). in) The referencesto the Code of Federal Regulations (CFR)in this Rule are incorporatedby referenceunless a specific reference states otherwise.Except for 40 CFR 8 1.334.the version of the CFR incorporated in this Rule is that as ofJune 3,2010 and does not include any subsequent amendments or editionsto the referenced material. This Rule is applicable as of its effective date in accordance with 40 CFR 

### 5 1.I 66(b)(48) and (b)(49)(iv) and (v).

### 1 2 his tog^

### Note: Authority G.S. 143-215.3($(1); 143-215.lO7(a)(3); 143-215.107(")(5); 143-215.107(')(7); 143- 3 215.108@); 150B-21.6; 

### 4 

### Eff: Janualy 2, 201 1.15ANCAC 02D .0530 is proposed for amendment as follows: Note: Text shown in italics reflects proposed changes which, due to word processor issues, were not correctly reflected in the version published in 24: 17 NCR 1509- 11.



### 15A NCAC 02D .0530 P 

### VENTION OF SIGNIFICANTDETER10 (a) The purpose of the Rule is to implement a program for the prevention of significant deterioration of air quality as required by 40 CFR 5 1.1 66. (b) For the purposes of this Rule the definitionscontained in 40 CFR 5 1.166(b)and 40 CFR 5 1.30 1 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) ofthis Subparagraph: (A) For an existing emissions unit, baseline actual emissions means the average rate, in tonsper year, at which the emissions unit actually emitted the pollutant during any consecutive 24- month period selected by the owner or operator within the 5-year period immediately preceding the date that a completepermit application is received by the Division for apermit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediately preceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determiningbaseline actual emissions, the following shall apply: The average rate shall include fugitive emissions to the extent quantifiable, and emissions associatedwith startups, shutdowns, and malfunctions. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 5 1.165(a)(3)(ii)(G) for an emission limitation that is part of a maximum achievable control technology standard that the Administratorproposed or promulgatedunder part 63 of the Code of Federal Regulations,the baseline actual emissions shall be adjusted to account for such emission reductions. For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G. S. 143-215.107D and for which cost recovery is sought pursuant to 

### G. S. 62-133.6.(v) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod shall be used to determine thebaseIine actual emissions for all the emissions units being changed. A different consecutive 24- month period for each regulated NSR pollutant canbe used for eachregulatedNSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions,in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. 

### (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shall be calculatedfor existing en~issions units in accordancewith the procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in accordance with the procedures contained in Part 

### (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 5 1.166(b)(3)(ii) shall be seven years. (3) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall not apply. Particulate matter PM3 significant levels in 40 CFR 5 1.166(b)(23)(i)are incorporatedby reference except as otherwiseprovided in this Rule. A net emission increaseor the potential of a source to emit nitrogen oxide emissions shall be significant if the rate of emissionswould equal or exceed 140tons per vear. Sulhrdioxide and nitrogen oxides areprecursor to PMa in all attainmentandunclassifiable areas. Volatile orpanic compounds and ammonia are not significant precursors to PM, (c) All areas of the State shall be classified as Class I1 except that the following areas are Class I: 

### (1) Great Smoky MountainsNational Park; (2) Joyce Kilmer SliclcrockNational Wilderness Area; (3) Linville Gorge National Wilderness Area; (4) Shining Rock National Wilderness Area; (5) Swanquarter National Wilderness Area. (d) Redesignations of areas to Class I or I1 may be submitted as state proposals to the Administrator of the Environmental Protection Agency (EPA),if the requirements of40 CFR 5l.l66(g)(2) are met. Areas maybe proposedto be redesignated as Class 111, if the requirements of 40 CFR 5 1.166(g)(3)are met. Redesignationsmay not, however,be proposed which would violate the restrictionsof40 CFR 

### 5 1.166(e).Lands within the boundaries of IndianReservations may be redesignated only by the appropriate Indian Governing Body. (e) In areas designated as Class I, 11, or 111, increases in pollutant concentration over the baseline concentration shallbe limited to the values set forth in 40 CFR 5 1.166(c).However, concentration ofthe pollutant shall not exceed standards set forth in 40 CFR 5 1.166(d).(f) Concentrations attributable to the conditions described in 40 CFR 5l.l66(f)(l)shall be excluded in determining compliance with a maximum allowable increase. However, the exclusions referred to in 40 CFR 5 1.166(f)(l)(i) or (ii) shall be limited to five years as described in 40 CFR 5 1.166(f)(2). (g) Major stationary sourcesand major modifications shall comply with the requirements contained in 40 CFR 5 1.166(i) and (a)(7) and by extensionin 40 CFR 5 1.166G)through (0) and (w). The transitionprovisions allowedby 40 CFR 52.2 1 (i)(l l)(i) and (ii) and (m)(l)(vii) and (viii) are hereby adopted under this Rule. The minimum requirements describedin the portions of40 CFR 

### 5 1.166referenced in this Paragraph are hereby adopted as the requirements to be used under this Rule, except as otherwiseprovided in this Rule. Wherever the languageofthe portions of 40 CFR 5 1.166referenced in this Paragraph speaks of the "plan,"the requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this Rule. Whenever the portions of40 CFR 5 1.166referenced in this Paragraphprovide that the State plan may exempt or not apply certain requirements in certain circumstances, those exemptions and provisions of nonapplicability are also hereby adopted under this Rule. However,this provision shallnot be interpreted

so as to limit information that may be requested f?om the owner or operator by the Director as specified in 40 CFR 5 1.166(n)(2). (h) New natural gas-firedelectrical utility generating unitsfor which cost recoverv is soughtpursuant to G. 

### 5'. 62-133.6 shall install best available controltechnology for 

### NOx and SQFS02 

# . remrdless of a~~licabilitv ofthe rest ofthis rule. (i) 40 

### CFR 5 1.166(w)(IO)(iv)(a)is changed to read: "If the emissions level calculated in accordance with Paragraph (w)(6) ofthis Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 

### S 1.166(w)(lO)(iv)(b)is not incorporated by reference. (j) 15ANCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15ANCAC 02Q .0300 or .0500. (1~) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction onhours of operation, then the provisions ofthis Rule shall applyto the source or modification as though construction had not yet begun on the source or modification. (1) The provisions of 40 CFR 52.21(r)(2)regarding the period of validity of approvalto construct are incorporatedby reference except that the term "Administrator" is replaced with "Director". 

### (m) Volatile organic compounds exempted from coverage in 40 CFR 5 1.100(s)shall also be exemptedwhen calculating source applicability and control requirements under this Rule. (n) The degree of emission limitation required for control of any air pollutantunder this Rule shallnot be affectedin any

manner by: (I) that amount of a stack height, not in existence before December 31, 1970, that exceeds good engineering practice; or (2) any other dispersion technique not implemented before then. (0) A substitution or modification of a model as provided for in 40 CFR 51.166(1) shall be subject to public comment procedures in accordance with the requirements of 40 CFR 51.102.(1) a description of the project, (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions

were calculated, including identificationof emissions excluded by 40 CFR 

### 5 1.166(b)(40)(ii)(c), (4) the calculated baseline actual emissions and an explanation ofhow the baseline actual emissionswere calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a prevention of significant deterioration evaluation,then the Director shall notify the owner or operatorof his findings.The owner or opeiator shall not make the modificationuntil it has received a permit issued pursuantto this Rule. If a permit revision is not required pursuant to this rule, the owner or operator shall maintain records of annual emissions in tons per year, on a calendaryear basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shaII be maintained for five years following resumption of regular operations after the change. 

### The owner or operator shall submit a report to the director within 60 days after the end of each year during which these recordsmustbe generated. The report shall contain the items listed in 40 CFR 

### 5 1.166(r)(6)(v)(a)through (c). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). 

### (v) The reference to the Code ofFederalRenulations (CFRI in thisRule are incorporated byreferenceunless 

### a specific reference states otlzerwise. Except for 40 CFR 81.334, 

### The 

### & version of the 

# a

,Mav 16.2008, 

# +

. . incorporated in this Rule is that as of k+2&-&W4 

### 42%$and does not include any subsequent amendments or editions to the referenced material.

History Note; Authority 

### G.S. 143-21 5.3(a)(l); 143-215.107(n)(3); 143-215.1 07(a)(S); 143-215.107(a)(?); 143- 215.108(6);ISUS-21.6; Efl June 1, 1981; Amended 

### E# December 1, 1992;August 1, 1991; TemporaryAmendment EJf: March 8, 1994,,for 

### aperiod of 180 days or until the permanent rule is effective, whichever is sooner; Amended El& ;Maj) 1, 2008; July 28, 2006;Jutv 1, 1997; Februaly 1, 1995; Julj 1, 1994.15A NCAC 02D .0531 is proposed for amendment as follows: 

### NOTE: Text shown in italics reflects proposed changes which, due to word processor issues, were not correctly reflected in the version published in 24: 17 NCR 15 1 1 

### - 15.



### 15A NCAC 02D 

### .0531 SOURCES IN 

### NONATTAINMENT AREAS (a) For the purpose ofthis Rule the definitionscontained in 40 CFR 5 1.165(a)(l)and 40 CFR 5 1.30 1 shall apply except the definition of "baseline actual emissions." (1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review (NSR) pollutant, as detesminedin accordance with Parts (A) through (C) ofthis Subparagraph: (A) For an existing emissionsunit, baseline actual emissionsmeans the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24- month period selected by the owner or operator within the 5-year period immediately preceding the date that a completepermit application is receivedby the Division for a permit required under this Rule. The Director shall allow a different time period, not to exceed 10 years immediatelypreceding the date that a complete permit application is received by the Division, if the owner or operator demonstrates that it is more representative of normal source operation. For the purpose of determining baseline actual emissions, the following shall apply: The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. For an existing emission unit (other than an electric utility steam generating unit), the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply. However, if the State has taken credit in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 5 1.165(a)(3)(ii)(G) for an emission limitationthat ispart of a maximum achievable controltechnology standard that the Administrator proposed or promulgatedunder part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjusted to account for such emission reductions. For an electric utility steam generating unit, the average rate shall be adjusted downward to reflect any emissions reductions under G.S. 143-215.107D and for which cost recovery is sought pursuant to G.S. 62-133.6. For a regulated NSR pollutant, when a project involves multiple emissionsunits, only one consecutive 24-monthperiod shallbe used to determinethe baseline actualemissions for all the emissions units being changed. A different consecutive 24- month period for each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparts (ii) and (iii) of this Part. (B) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual emissions shallbe calculated for existing emissionsunits in accordance with the procedures contained in Part (A) of this Subparagraph, and for a new emissionsunit in accordancewith the procedures contained in Part (B) of this Subparagraph. (2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 5 1.165(a)(l)(vi>(C)(l) shall be seven years. (3) Particulate matterPMz significant levels in 40 CFR 5 1.165(a)(l)(x)(A)are incorporatedby reference except as otherwiseprovided in this Rule. A net emission increase or the potential of a sourceto emit nitrogen oxide emissions shall be significant if the rate of emissions would equal or exceed 140 my. Sulfur dioxide and nitrogen oxides are precursor to PMu in all nonattainment areas. Volatile organic compounds and ammonia are not significant precursors to PM, (b) Redesignation to Attainment. If any county orpart of a county to which this Rule applies is later designated in 40 CFR 81.334 as attainment 

# 7, a11 sources in that county subject to this Rule before the redesignation date shall continue to comply with this Rule. (c) Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. This Rule applies to 

### areas desimuted as nonattainmenfin 40 CFR 81.334, 

### including any subsequent amendments or editions.1 

### 2 3 4 5 

### (21 6 7 8 9 (d) This Rule is not applicable to: 10 (1) complex sources of air pollution regulated onlyunder Section .0800 ofthis Subchapterand not under 11 any other rule in this Subchapter; 12 (2) emission of pollutants at the new major stationary source or major modification located in the 13 nonattainment area that are pollutants other than the pollutant or pollutants for which the area is 14 nonattainment. (A major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides is also major for ozone.); (3) emission of pollutants for which the source or modificationis not major; (4) a new source or modification that qualifies for exemptionunder the provision of40 CFR 

### 5 1.165(a)(4);

or (5) emission of compounds listed under 40 CFR 5 1.1OO(s) as having been determinedto have negligible photochemical reactivity except carbon monoxide. (e) 1 5ANCAC 024.0102and .0302are not applicable to any sourceto which this Rule applies. The owner or operator of the source shall apply for and receive a permit as required in 15ANCAC 02Q .0300 or .0500. (f) To issue a permit to a source to which this Rule applies, the Director shall determine that the source meets the following requirements: (1) The new major stationary source or major nlodification will emit the nonattainment pollutant at a rate

no more than the lowest achievable emission rate; (2) The owner or operator of the proposed new major stationary source or major modification has demonstrated that all major stationaly sources in the State that are owned or operatedby this person (or any entity controlling, controlled by, or under common control with this person) are subject to emission limitations and are in compliance, or on a schedule for compliance that is federally enforceable or contained in a court decree, with all applicable emission limitations and standardsof this Subchapter that EPA has authority to approve as elements of the North Carolina State Implementation Plan for Air Quality; (3) The owner or operator ofthe proposed new major stationarysource or major modification will obtain sufficient emission reductions of the nonattainment pollutant from other sources in the nonattainment

area so that the emissions from the new major source and associated new minor sources will be less than the emissions reductions by a ratio of at least 1 .OO to 1.15 for volatile organic compounds andnitrogen oxides and by a ratio of less than one to one for carbon monoxide. The baseline for this emission offset shall be the actual emissions of the source from which offset credit is obtained. Emission reductions shall not include any reductions resulting from compliance (or scheduled compliance) with applicable rules in effect before the application. The difference between the emissions from the new major source and associated new minor sources of carbon monoxide and the emission reductions shall be sufficient to represent reasonable further progress toward attaining the Natioml Ambient Air Quality Standards. The emissions reduction credits shall also conform to the provisions of 40 CFR 5 1.165(a)(3)(ii)(A) through (G)and (J); and (4) The North Carolina State Implementation Plan for Air Quality is being carried out for the nonattainrnent area in which the proposed source is located. (g) New natural gas-fired electrical utility generatingunitsfor which cost recoven)is sought out-sunntto 

### G. S. 62-133.6 shall install lowest achievable emission rate technology for

### NOx and 

### &G2: SOz, - reaardless oftheap~licabilitv oftherest of this Rule. (h) 40 CFR 5 1.165(f)is incorporated by reference except that 40 CFR 5l.l65(f)(lO)(iv)(A)is changed to read: "Ifthe emissions level calculatedin accordance with Paragraph (f)(6) of this Section is equal to or greaterthan 80percent ofthe PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(l O)(iv)(B) is not incorporatedby reference. (i) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation established after August 

### 7, 1980,on the capacity of the source or modification

to emit a pollutant, such as a restriction on hours of operation, then the provisions of this Rule shallapplyto the source or modification as though construction had not yet begun on the source or modification. (j)To issue a permit to a source of a nonattainment pollutant, the Director shall determine, in addition to the other requirements of this Rule, that an analysis (produced by the permit applicant) of alternative sites, sizes, production processes, and environmental control techniques for the source demonstrates that the benefits of the source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. (k) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporatedby reference except that the term "Administrator" is replaced with "Director". (1) Approval of an application regarding the requirements of this Rule shall not relieve the owner or operator of the responsibility to comply hllywith applicable provisions of other rules ofthis Chapter and any otherrequirements under local, state, or federal law. (m) Except as provided in 40 CFR 52.2fXcX61, V&tea for a source or modification subject to this Rule

nq7n&%F Cnctieft; the following procedures shall be followed: (1) Notwithstanding any other provisions of this paragraph, the Director shall, no later than 60 days after receipt of an administratively complete application,notifv the Federal Land Manager for the closest Class I area to a source or modification subiect to this Rule.The owner or operator of the source shallprovide an analysis of the impairmentto visibility that would

occur because of the source or modification and general commercial, industrial and other growth associated with the source or modification; When a source or modificationmay affect the visibility of in a Class I area named in Paragraph (cl of Rule .0530 of this Section,

### Tke Director shall provide written notification to all affectedFederal Land Managers within 30 days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shallbe at least 30 days before the publication of the notice for public comment on the application. The notification shall include a copy of all information relevant to the permit application including an analysis provided by the source of the potential impact of the proposed source on visibility; The Director shall consider any analysis concerning visibility impairmentperformed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Director finds that the analysisofthe Federal Land Manager fails to demonstrate to his satisfactionthat an adverseimpact on visibility will result in the Class I area,the Director shall provide in the notice ofpublic hearing on the application, an explanation of his decision or notice where the explanation can be obtained; The Director shall issuepermits onlyto those sources whose emissionswill be consistentwith making reasonable progress toward the national goal of preventing any fiture, and remedying any existing, impairment of visibility in mandatory Class I areas when the impairment results ftom manmade air pollution. In making the decisionto issue apermit, the Director shall consider the cost ofcompliance, the time necessary for conlpliance, the energy and nonair quality environmental impacts of compliai~ce, and the useful life of the source; and The Director may require monitoring of visibility in or around any Class I areaby the proposed new

source or modification when the visibility impact analysis indicates possible visibility impairment. The requirements of this Paragraph shall not apply to nonprofit health or nonprofit educational institutions.

WE 8j.33

A 

## - .a b

f$ (hJ If the owner or operator of a source is using projected actual emissions to avoid applicability of nonattainment new source review, the owner or operator shall notify the director of the modification before beginning actual construction.The notification shall include: (1) a description of the project,

### (2) identification of sources whose emissions could be affected by the project, (3) the calculated projected actual emissions and an explanation of how the projected actual emissions

were calculated, including identificationof emissionsexcluded by 40 CFR 

### 5

### 1.165(a)(1)(xxviii)(I3)(3), (4) the calculated baseline actual emissions and an explanationofhow the baseline actual emissionswere calculated, and (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that the project will cause a nonattainment new source review evaluation, then the Director shall notify the owner or operator of his findings.The owner or operator shall not make the modificationuntil it has received 

### a permit issued pursuant to this Rule. If a permit revision is not required pursuant to this Rule, the owneror operator shall maintain records of annual emissions in tonsper year on a cale~ldar year basis related to the modifications for 10 years following resumption of regular operations after the change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR pollutant; otherwise these records shall be maintained for five years following resumption of regular operations after the change. The owner or operator shall submit a report to the directorwithin 60 days after the end of each year during which theserecordsmustbe generated. The report shall contain the items listed in 40 CFR 5 1.165(a)(6)(v)(A)through (C). The owner or operator shall make the information documented and maintained under this Paragraph available to the Director or the general public pursuant to the requirements in 40 CFR 70.4(b)(3 )(viii). 

### &J@ The refe~,ence to 

### he Code ofFederal Regulations (CFR) in this Rule are incor,oorated bv reference unless a srxxifk ~"eference states ootherwi,se. Excentfor 40 CFR 81.334, Tkte version of the 

## C-.'-

.Mav 16,20080 

### . . incorporated in this Rule is that as of

### Jttrtc ! 3, 4821sL,and does not include any subsequent amendments or editions to the referenced material.

Histoqi Note: Authority G.S. l43-215.3(a)(l); 143-21 5.107(a)(S); 143-21 5.108(b); 

### Efi June 1, 1981; Amended Efl December 1, 1993; December 1, 1992; Tempo7*ag) Amendment Efl March 8, 1994 for aperiod of 180 days or until thepermanent rule is efective, whichever is sooner; Amended 

### Efl :May 1, 2008;May 1, 2005; July 1, 1998;Jul~ 1, 1996;July I, 1995;July 1, 1994.