1

15A NCA 02D .0530 is amended with changes as published in 27:11 NCR 101 4

- 10 16 as follows: 1

2

15A NCAC 02D .0530 PREVENTION OF SIGNIF ICANT DETERIORATION 3

(a) The purpose of the Rule is to implement a program for the prevention of significant deterioration of air quality 4

as required by 40 CFR 51.166. 5

(b) For the purpos es of this Rule Rule, the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 app ly 6

apply, except the definition of "baseline actual emissions." For the purposes of this Rule: 7

(1) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 8

source review (NSR) pollutant, as determined in accordance with Parts (A) through (C) of this 9

Subparagraph: 10

(A) For an existing emissions unit, baseline actual emissions means the average rate, in tons 11

per year, at which the emissions unit actually emitted the pollutant during any 12

consecutive 24

- month period selected by the owner or operator within the 5

- year five 13

year period immediately preceding the date that a complete permit application is received 14

by the Division for a permit required under this Rule. The Director shall allow a different 15

time period, not to exceed 10 years immediately preceding the date that a complete 16

permit application is received by the Division, if the owner or operator demonstrates that 17

it is more representative of normal source operation. For the purpose of determining 18

baseline actual emissio ns, the following apply: 19

(i) The average rate shall include fugitive emissions to the extent quantifiable, and 20

emissions associated with startups, shutdowns, and malfunctions; 21

(ii) The average rate shall be adjusted downward to exclude any non

- compliant 22

em issions that occurred while the source was operating above any emission 23

limitation that was legally enforceable during the consecutive 24

- month period; 24

(iii) For an existing emission unit (other than an electric utility steam generating 25

unit), the average rate shall be adjusted downward to exclude any emissions that 26

would have exceeded an emission limitation with which the major stationary 27

source must currently comply. However, if the State has taken credit in an 28

attainment demonstration or maintenance plan consistent with the requirements 29

of 40 CFR 51.165(a)(3)(ii)(G) for an emission limitation that is part of a 30

maximum achievable control technology standard that the Administrator 31

proposed or promulgated under part Part 63 in Title 40 of the Code of Federal 32

Regulations, the baseline actual emissions shall be adjusted to account for such 33

emission reductions; 34

(iv) For an electric utility steam generating unit, the average rate shall be adjusted 35

downward to reflect any emissions reductio ns under G. S. 143

- 215.107 D and for 36

which cost re covery is sought pursuant to G. S. 62

- 133.6; 372 (v) For a regulated NSR pollutant, when a project involves multiple emissions units, 1

only one consecutive 24

- month period shall be used to determine the baseline 2

actual emissions for all th e emissions units being changed. A different 3

consecutive 24

- month period for each regulated NSR pollutant can be used for 4

each regulated NSR pollutant; and 5

(vi) The average rate shall not be based on any consecutive 24

- month period for 6

which there is inade quate information for determining annual emissions, in tons 7

per year, and for adjusting this amount if required by Subparts (ii) and (iii) of 8

this Part; 9

(B) For a new emissions unit, the baseline actual emissions for purposes of determining the 10

emissions i ncrease that will result from the initial construction and operation of such unit 11

shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to 12

emit; and 13

(C) For a plantwide applicability limit (PAL) for a stationary source, the baseline actual 14

emissions shall be calculated for existing emissions units in accordance with the 15

procedures contained in Part (A) of this Subparagraph, and for a new emissions unit in 16

accordance with the procedures contained in Part (B) of this Subpa ragraph; 17

(2) In the definition of "net emissions increase," the reasonable period specified in 40 CFR 18

51.166(b)(3)(ii) is seven years; 19

(3) The limitation specified in 40 CFR 51.166(b)(15)(ii) does not apply; and 20

(4) Particulate matter PM 2.5 significant levels in 40 CFR 51.166(b)(23)(i) are incorporated by 21

reference except as otherwise provided in this Rule. A net emission increase or the potential of a 22

source to emit nitrogen oxide emissions shall be significant if the rate of emissions woul d equal or 23

exceed 140 tons per year. Sulfur dioxide (SO 2 ) and nitrogen oxides (NO

x ) are precursor precursors 24

to PM 2.5 in all attainment and unclassifiable areas. Volatile organic compounds and ammonia are 25

not significant precursors to PM 2.5

. 26

(c) All areas of the State are classified as Class II II, except that the following areas areas, which are designated as 27

Class I: 28

(1) Great Smoky Mountains National Park; 29

(2) Joyce Kilmer Slickrock National Wilderness Area; 30

(3) Linville Gorge National Wilderness Area; 31

(4 ) Shining Rock National Wilderness Area; and 32

(5) Swanquarter National Wilderness Area. 33

(d) Redesignations of areas to Class I or II may be submitted as state proposals to the Administrator of the 34

Environmental Protection Agency (EPA), if the requirements of 40 CFR 51.166(g)(2) are met. Areas may be 35

proposed to be redesignated as Class III, III if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations 363

may not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands with in the 1

boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. 2

(e) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall 3

be limited to the values set forth in 40 CFR 51.166(c). 51.166(c) and Paragraph (v) of this Rule. However, 4

concentration of the pollutant shall not exceed standards set forth in 40 CFR 51.166(d). 5

(f) Concentrations attributable to the conditions described in 40 CFR 51.166(f)(1) shall be excluded in determining 6

compliance with a maximum allowable incr ease. However, the exclusions referred to in 40 CFR 51.166(f)(1)(i) or 7

(ii) shall be limited to five years as described in 40 CFR 51.166(f)(2). 8

(g) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 9

51. 166(i) and (a)(7) 51.166 (a)(7) and (i) and by extension in 40 CFR 51.166(j) through (o) and (w). The transition 10

provisions allowed by 40 CFR 52.21 (i)(11)(i) 52.21(i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted 11

under this Rule. The minim um requirements described in the portions of 40 CFR 51.166 referenced in this 12

Paragraph are hereby adopted as the requirements to be used under this Rule, except as otherwise provided in this 13

Rule. Wherever the language of the portions of 40 CFR 51.166 ref erenced in this Paragraph speaks of the "plan," the 14

requirements described therein shall apply to the source to which they pertain, except as otherwise provided in this 15

Rule. Whenever the portions of 40 CFR 51.166 referenced in this Paragraph provide that the State plan may exempt 16

or not apply certain requirements in certain circumstances, those exemptions and provisions of nonapplicability are 17

also hereby adopted under this Rule. However, this provision shall not be interpreted so as to limit information t hat 18

may be requested from the owner or operator by the Director as specified in 40 CFR 51.166(n)(2). 19

(h) New natural gas

- fired electrical utility generating units for which cost recovery is sought pursuant to G. S. G.S. 20

62

- 133.6 shall install best availab le control technology for NO X and SO 2 , regardless of applicability of the rest of 21

this R ule. 22

(i) For the purpose s of this R ule, 40 CFR 51.166(w)(10)(iv)(a) is changed to read: reads: "If the emissions level 23

calculated in accordance with Paragraph (w)(6) o f this Section is equal to or greater than 80 percent of the PAL 24

[plant wide applicability limit] level, the Director shall renew the PAL at the same level." 40 CFR 25

51.166(w)(10)(iv)(b) is not incorporated by reference. 26

(j) 15A NCAC 02Q .0102 and .0302 are not applicable to any source to which this Rule applies. The owner or 27

operator of the sources to which this Rule applies shall apply for and receive a permit as required in 15A NCAC 28

02Q .0300 or .0500. 29

(k) When a particular source or modification beco mes a major stationary source or major modification solely by 30

virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of 31

the source or modification to emit a pollutant, such as a restriction on hours of operation, then the provisions of this 32

Rule shall apply to the source or modification as though construction had not yet begun on the source or 33

modification. 34

(l) For the purposes of this Rule, The the provisions of 40 CFR 52.21(r)(2) regarding the per iod of validity of 35

approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director". 364

(m) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall be exempted when calculating 1

source ap plicability and control requirements under this Rule. 2

(n) The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected 3

by: 4

(1) that amount of a stack height, not in existence before December 31, 1970, t hat exceeds good 5

engineering practice; or 6

(2) any other dispersion technique not implemented before then. December 31, 1970. 7

(o) A substitution or modification of a model as provided for in 40 CFR 51.166(l) is subject to public comment 8

procedures in accor dance with the requirements of 40 CFR 51.102. 9

(p) Permits may be issued on the basis of innovative control technology as set forth in 40 CFR 51.166(s)(1) if the 10

requirements of 40 CFR 51.166(s)(2) have been met, subject to the condition of 40 CFR 51.166(s )(3), and with the 11

allowance set forth in 40 CFR 51.166(s)(4). 12

(q) If a source to which this Rule applies impacts an area designated Class I by requirements of 40 CFR 51.166(e), 13

notice to EPA shall be provided as set forth in 40 CFR 51.166(p)(1). If the F ederal Land Manager presents a 14

demonstration described in 40 CFR 51.166(p)(3) during the public comment period or public hearing to the Director 15

and if the Director concurs with this demonstration, the permit application shall be denied. Permits may be iss ued on 16

the basis that the requirements for variances as set forth in 40 CFR 51.166(p)(4), (p)(5) and (p)(7), or (p)(6) and 17

(p)(7) have been satisfied. Pursuant to 40 CFR 51.166(p)(4), Class I Variances, and this Paragraph, the maximum 18

allowable increase s i n micrograms per cubic meter over minor source baseline concentration for particulate matter 19

are as follows: 20

Class I variances

– Particulate Matter

Indicator Averaging Period micrograms per cubic meter

PM 2.5 Annual arithmetic mean 4

PM 2.5 24 hour maximum 9

PM 10 Annual arithmetic mean 17

PM 10 24 hour maximum 30

21

(r) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements 22

of 40 CFR 51.166(q). Within 30 days of receipt of the application, applicants shall be notified if the application is 23

complete as to initial information submitted. Commencement of construction before full prevention of significant 24

deterioration approval is obtained constitutes a violation of this Rule. 25

(s) Approval of an application with regard to the requirements of this Rule does not relieve the owner or operator of 26

the responsibility to comply with applicable provisions of other rules of this Subchapter or Subchapter 02Q of this 27

Title and any other requirements under l ocal, state, or federal law. 28

(t) When a source or modification is subject to this Rule the following procedures apply: 29

(1) Notwithstanding any other provisions of this P aragraph, the Director shall, no later than 60 days 30

after receipt of an application, notify the Federal Land Manager with the U.S. Department of 315 Interior and U.S. Department of Agriculture of an application from a source or modification 1

subject to this Rul e; 2

(2) When a source or modification may affec t visibility of a Class I area area

, the Director shall 3

provide written notification to all affected Federal Land Managers within 30 days of receiving the 4

permit application or within 30 days of receiving advan ce notification of an application. The 5

notification shall be given at least 30 days prior to the publication of notice for public comment on 6

the application. The notification shall include a copy of all information relevant to the permit 7

application applic ation, including an analysis provided by the source of the potential impact of the 8

proposed source on visibility; 9

(3) The Director shall consider any analysis concerning visibility impairment performed by the 10

Federal Land Manager if the analysis is receive d within 30 days of notification. If the Director 11

finds that the analysis of the Federal Land Manager fails to demonstrate to his the Director’s 12

satisfaction that an adverse impact on visibility will result in the Class I area, the Director shall 13

provide i n the notice of public hearing follow the public hearing process described in 40 CFR 14

51.307(a)(3) on the application, application and include an explanation of his the Director’s 15

decision or notice as to where the explanation can be obtained; and 16

(4) The Director may require monitoring of visibility in or around any Class I area by the proposed 17

new source or modification when the visibility impact analysis indicates possible visibility 18

impairment. 19

(u) If the owner or operator of a source is using projected actual emissions to avoid applicability of prevention of 20

significant deterioration requirements, the owner or operator shall notify the Director of the modification before 21

beginning actual construction. The notification shall include: 22

(1) a descr iption of the project; 23

(2) identification of sources whose emissions could be affected by the project; 24

(3) the calculated projected actual emissions and an explanation of how the projected actual emissions 25

were calculated, including identification of emiss ions excluded by 40 CFR 51.166(b)(40)(ii)(c); 26

(4) the calculated baseline actual emissions and an explanation of how the baseline actual emissions 27

were calculated; and 28

(5) any netting calculations calculations, if applicable. 29

If upon reviewing the notifica tion, the Director finds that the project will cause a prevention of significant 30

deterioration evaluation, then the Director shall notify the owner or operator of his or her findings. The owner or 31

operator shall not make the modification until it has recei ved a permit has been issued pursuant to this Rule. If a 32

permit revision is not required pursuant to this rule

, Rule

, the owner or operator shall maintain records of annual 33

emissions in tons per year, on a calendar year basis related to the modifications modification s

, for 10 years 34

following resumption of regular operations after the change if the project involves increasing the emissions unit's 35

design capacity or its potential to emit the regulated NSR pollutant; otherwise otherwise, these records shall b e 36

maintained for five years following resumption of regular operations after the change. The owner or operator shall 376

submit a report to the director Director within 60 days after the end of each year during which these records must be 1

generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) through (c). The owner or operator 2

shall make the information documented and maintained under this Paragraph available to the Director or the general 3

public pursuant to the requirements in 40 CFR 70.4(b)(3)(viii). 4

(v) Increments. For particulate matter, the maximum allowable increase s in micrograms per cubic meter over the 5

baseline concentration for areas classified as Class I, Class II and Class III shall be as follows: 6

Increments

- Particulate Matter

Indicator Averaging Period Class I Class II Class III

PM 2.5 Annual arithmetic mean 1 4 8

PM 2.5 24 hour maximum 2 9 18

PM 10 Annual arithmetic mean 4 17 34

PM 10 24 hour maximum 8 30 60

7

(v) (w) The references to the Code of Federal Regulations (CFR) in this Rule are incorporated by reference unless a 8

specific reference states otherwise. The version of the CFR incorporated in this Rule is that as of May 16, 2008 at 9

http://www.gpo.gov/fdsys/pkg/FR

- 2008

- 05

- 16/pdf/E8

- 10768.pdf [ October 20, 2010 at 10

http://www.gpo.gov/fdsys/pkg/FR

- 2010

- 10

- 20/pdf/2010

- 251 32.pdf ] and does not include any subsequent 11

amendments or editions to the referenced material. The publication may be accessed free of charge. 12

13

History Note: Authority G.S. 143

- 215.3(a)(1); 143

- 215.107(a)(3); 143

- 215.107(a)(5); 143

- 215.107(a)(7); 143

- 14

215.108(b); 150B

- 21.6; 15

Eff. June 1, 1981; 16

Amended Eff. December 1, 1992; August 1, 1991; October 1, 1989; July 1, 1988; October 1, 17

1987; June 1, 1985; January 1, 1985; February 1, 1983; 18

Temporary Amendment Eff. March 8, 1994, for a period of 180 days or until the permanent rule is 19

effective, whichever is sooner; 20

Amended Eff. September 1, 201 3 ; January 2, 2011; September 1, 2010; May 1, 2008; July 28, 21

2006; July 1, 1997; February 1, 1995; July 1, 1994. 22

23