15A NCAC 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 of Rule .0530 of this Section. For all other regulated NSR 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 accordance with Subparagraphs (1) through (3) of this 

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 selected by 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 permit reauired 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 demonstrates that it is more representative of normal 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 electric utility steam generating unit), the average 

rate shall be adiusted downward to exclude any emissions that would have exceeded an 

emission limitation with which the maior stationaw source must currently comply. However, 

if the State has taken credit in an attainment demonstration or maintenance plan consistent 

with the reauirements of 40 CFR 5 l.l65(a)(3)(ii)(G) for an emission limitation that is past of 

a maximum achievable control technology standard that the Administrator proposed or 

promulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions 

shall be adiusted to account for such emission reductions; 

(D) For an electric utilitv steam generating unit, the average rate shall be adiusted downward to 

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 emissions units., only one 

consecutive 24-month period shall be used to determine the baseline actual emissions for all 
the 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 

inadequate information 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 construction and 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 shall be 

calculated for existing emissions units in accordance with 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) Mai or stationary sources and maior modifications shall comply with the requirements contained in 40 CFR 5 1.1666) 

and (a)(7) and by extension in 40 CFR 5 1.166ii) through (0) and (w). The transition provisions allowed by 40 CFR 52.2 1 

li)(l l)(i) and (ii) and (m)(l)(vii) and (viiif are hereby adopted under this Rule. The minimum requirements described in 

the portions of 40 CFR 5 1.166 referenced in this Paragraph are hereby adopted as the requirements to be used under this 

Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 5 1.166 referenced in 

this Paragraph speaks of the "plan." the requirements described therein shall applv to the source to which they pertain, 

except as otherwise provided in this Rule. Whenever the portions of 40 CFR 5 1.166 referenced in fms Paragraph provide 

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 5 l.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 of the PAL [plant wide applicability limit1 level, the Director 

shall renew the PAL at the same level." 40 CFR 5 1.166(wfi 1 Of (ivN'bi is not incorporated by reference. 

(g) 1 5A NCAC 020.0 102 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 15A NCAC 020 .0300 or 

.0500. 

[h) When a particular source or modification becomes a maior stationary source or maior 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 on hours of operation, then the provisions of this Rule shall applv to 

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) if the requirements 

of 40 CFR 5 1.166(~)(2) have been met, subject to the condition of 40 CFR 5 1.166(~)(3), and with the allowance set forth 

in 40 CFR 5 1.166(~)(4). 

(k) A permit application subiect to this Rule shall be processed in accordance with the procedures and requirements of 

40 CFR 5 1.166(4). Within 30 days of receipt of the application, applicants shall be notified if the application is 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 of this Rule shall not relieve the owner or operator of the 

responsibility to comply fully with applicable provisions of other rules of this Subchapter or Subchapter 020 of this Title 

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 emissions and an explanation of how the baseline actual emissions were 

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 notif'y the owner or operator of his findings. The owner or operator shall not make the 

modification until it has received a permit issued pursuant to this Rule. If a permit revision is not required pussuant to this 

Rule, the owner or operator shall maintain records of annual emissions in tons per year, on a calendar year 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 during which these records must be 

generated. The report shall contain the items listed in 40 CFR 5 1.166(r)( 6)(v)(a) through (cl. 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 re~uirements in 40 CFR 70.4(b)(3)(viii). 

in) The references to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a specific 

reference states otherwise. Except for 40 CFR 8 1.334. the version of the CFR incorporated in this Rule is that as of June 

3,20 10 and does not include any subsequent amendments or editions to 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); 143-21 5.107(")(5); 143-215.1 07(')(7); 143- 

3 215.108@); 150B-21.6; 

4 Eff: Janualy 2, 201 1. 
15A NCAC 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 SIGNIFICANT DETER10 

(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 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." 

(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) of this Subparagraph: 

(A) 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 selected by the owner or operator within the 5-year period immediately 

preceding the date that a complete permit 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 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 limitation that is part of a maximum achievable 

control technology standard that the Administrator proposed or promulgated under 

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-month period shall be used to determine the baseIine actual 

emissions for all the emissions units being changed. A different consecutive 24- 

month period for each regulated NSR pollutant can be used 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 shall be calculated for existing en~issions units in accordance with 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 incorporated by reference 

except as otherwise provided in this Rule. A net emission increase or the potential of a source to emit 

nitrogen oxide emissions shall be significant if the rate of emissions would equal or exceed 140 tons 

per vear. Sulhr dioxide and nitrogen oxides are precursor to PMa in all attainment and unclassifiable 

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 Mountains National Park; 

(2) Joyce Kilmer Sliclcrock National 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 of 40 CFR 5 l.l66(g)(2) are met. Areas may be proposed to 

be redesignated as Class 111, if the requirements of 40 CFR 5 1.166(g)(3) are met. Redesignations may not, however, be 

proposed which would violate the restrictions of 40 CFR 5 1.166(e). Lands within the boundaries of Indian Reservations 

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 shall be 

limited to the values set forth in 40 CFR 5 1.166(c). However, concentration of the pollutant shall not exceed standards set 

forth in 40 CFR 5 1.1 66(d). 
(f) Concentrations attributable to the conditions described in 40 CFR 5 l.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 sources and major modifications shall comply with the requirements contained in 40 CFR 5 1.166(i) 

and (a)(7) and by extension in 40 CFR 5 1.166G) through (0) and (w). The transition provisions allowed by 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 described in 

the portions of 40 CFR 5 1.166 referenced in this Paragraph are hereby adopted as the requirements to be used under this 

Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 5 1.166 referenced 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 of 40 CFR 5 1.166 referenced in this Paragraph provide 

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 shall not 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-fired electrical utility generating unitsfor which cost recoverv is sought pursuant to G. 5'. 62-133.6 

shall install best available control technology for NOx and SQFS02 . remrdless of a~~licabilitv of the rest of this 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) of this 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) 15A NCAC 02Q .0 102 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 15A NCAC 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 on hours of operation, then the provisions of this Rule shall apply to 

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 approval to construct are incorporated by 

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 exempted when calculating 

source applicability and control requirements under this Rule. 

(n) The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected in 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 identification of emissions excluded by 40 CFR 5 1.166(b)(40)(ii)(c), 

(4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were 

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 operator of his findings. The owner or opeiator shall not make the 

modification until it has received a permit issued pursuant to 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 calendar 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 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 records must be 

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 ofFederal Renulations (CFRI in this Rule are incorporated by reference unless 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); 143-21 5.1 07(n)(3); 143-21 5.1 07(a)(S); 143-215.1 07(a)(?); 143- 

215.108(6); ISUS-21.6; 

Efl June 1, 1981; 

Amended E# December 1, 1992; August 1, 1991; 

Temporary Amendment EJf: March 8, 1994, ,for a period 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 of this Rule the definitions contained 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 detesmined in accordance with Parts (A) through (C) of this Subparagraph: 

(A) 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 selected by the owner or operator within the 5-year period immediately 

preceding the date that a complete permit application is received by the Division for a permit 

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 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 limitation that is part of a maximum achievable 

control technology standard that the Administrator proposed or promulgated under 

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. 143-2 15.107D and for 

which cost recovery is sought pursuant to G.S. 62-133.6. 

For a regulated NSR pollutant, when a project involves multiple emissions units, 

only one consecutive 24-month period shall be used to determine the baseline actual 
emissions 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 shall be calculated for existing emissions units in accordance with 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 1.165(a)(l)(vi>(C)(l) shall be seven years. 

(3) Particulate matter PMz significant levels in 40 CFR 5 1.165(a)(l)(x)(A) are incorporated by reference 

except as otherwise provided in this Rule. A net emission increase or the potential of a source to 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 or part 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 

nonattainmenf in 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 only under Section .0800 of this Subchapter and 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 modification is not major; 

(4) a new source or modification that qualifies for exemption under the provision of 40 CFR 5 1.165(a)(4); 

or 

(5) emission of compounds listed under 40 CFR 5 1.1 OO(s) as having been determined to have negligible 

photochemical reactivity except carbon monoxide. 

(e) 1 5A NCAC 024.0 102 and .0302 are not applicable to any source to which this Rule applies. The owner or operator 

of the source shall apply for and receive a permit as required in 15A NCAC 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 operated by 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 standards of 

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 of the proposed new major stationary source 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 and 
nitrogen 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 generating unitsfor which cost recoven) is sought out-sunnt to G. S. 62-133.6 

shall install lowest achievable emission rate technology for NOx and &G2: SOz, - reaardless ofthe ap~licabilitv ofthe rest 

of this Rule. 

(h) 40 CFR 5 1.165(f) is incorporated by reference except that 40 CFR 5 l.l65(f)(lO)(iv)(A) is changed to read: "If the 

emissions level calculated in accordance with Paragraph (f)(6) of this Section is equal to or greater than 80 percent ofthe 

PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(l O)(iv)(B) is not incorporated by 

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 shall apply to 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 incorporated by 

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 hlly with applicable provisions of other rules of this Chapter and any other requirements 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 shall provide an analysis of the impairment to 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 modification may 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 affected Federal 

Land Managers within 30 days of receiving the permit application or within 30 days of receiving 

advance notification of an application. The notification shall be 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 impairment performed by the Federal 

Land Manager if the analysis is received within 30 days of notification. If the Director finds that the 

analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact 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 issue permits only to those sources whose emissions will be consistent with 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 decision to issue a permit, the Director shall consider the cost of compliance, 

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 area by 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 identification of emissions excluded by 40 CFR 5 1.165(a)(1)(xxviii)(I3)(3), 

(4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions were 

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 

modification until it has received a permit issued pursuant to 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 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 director within 60 days after the end of each year during which these records must be 

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. Excent for 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 5.1 07(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 a period of 180 days or until the permanent 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.