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1 15A NCA 02D .0530 is amended with changes as published in 27:11 NCR 1014-1016 as follows:

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3 15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT DETERIORATION

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

5 as required by 40 CFR 51.166. 

6 (b) For the purposes of this RuleRule, the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 apply

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

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

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

10 Subparagraph:

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

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

13 consecutive 24-month period selected by the owner or operator within the 5-year five 

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

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

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

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

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

19 baseline actual emissions, the following apply:

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

21 emissions associated with startups, shutdowns, and malfunctions;

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

23 emissions that occurred while the source was operating above any emission 

24 limitation that was legally enforceable during the consecutive 24-month period;

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

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

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

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

29 attainment demonstration or maintenance plan consistent with the requirements 

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

31 maximum achievable control technology standard that the Administrator 

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

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

34 emission reductions;

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

36 downward to reflect any emissions reductions under G.S. 143-215.107D and for 

37 which cost recovery is sought pursuant to G.S. 62-133.6;
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1 (v) For a regulated NSR pollutant, when a project involves multiple emissions units, 

2 only one consecutive 24-month period shall be used to determine the baseline 

3 actual emissions for all the emissions units being changed. A different 

4 consecutive 24-month period for each regulated NSR pollutant can be used for 

5 each regulated NSR pollutant; and

6 (vi) The average rate shall not be based on any consecutive 24-month period for 

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

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

9 this Part;

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

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

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

13 emit; and

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

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

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

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

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

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

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

21 (4) Particulate matter PM2.5 significant levels in 40 CFR 51.166(b)(23)(i) are incorporated by 

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

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

24 exceed 140 tons per year. Sulfur dioxide (SO2) and nitrogen oxides (NOx) are precursorprecursors

25 to PM2.5 in all attainment and unclassifiable areas. Volatile organic compounds and ammonia are 

26 not significant precursors to PM2.5.

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

28 Class I:

29 (1) Great Smoky Mountains National Park;

30 (2) Joyce Kilmer Slickrock National Wilderness Area;

31 (3) Linville Gorge National Wilderness Area;

32 (4) Shining Rock National Wilderness Area; and

33 (5) Swanquarter National Wilderness Area.

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

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

36 proposed to be redesignated as Class III, III if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations 
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1 may not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands within the 

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

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

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

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

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

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

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

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

10 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 

11 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 

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

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

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

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

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

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

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

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

20 (h) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G. S. G.S.

21 62-133.6 shall install best available control technology for NOX and SO2, regardless of applicability of the rest of 

22 this Rule.

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

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

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

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

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

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

29 02Q .0300 or .0500.

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

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

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

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

34 modification.

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

36 approval to construct are incorporated by reference except that the term "Administrator" is replaced with "Director".
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1 (m) Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall be exempted when calculating 

2 source applicability and control requirements under this Rule.

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

4 by:

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

6 engineering practice; or

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

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

9 procedures in accordance with the requirements of 40 CFR 51.102.

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

11 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 

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

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

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

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

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

17 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 

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

19 allowable increases in micrograms per cubic meter over minor source baseline concentration for particulate matter 

20 are as follows:

Class I variances – Particulate Matter

Indicator Averaging Period micrograms per cubic meter

PM2.5 Annual arithmetic mean 4

PM2.5 24 hour maximum 9

PM10 Annual arithmetic mean 17

PM10 24 hour maximum 30

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

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

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

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

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

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

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

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

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

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

2 subject to this Rule;

3 (2) When a source or modification may affect visibility of a Class I area area, the Director shall 

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

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

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

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

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

9 proposed source on visibility;

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

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

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

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

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

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

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

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

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

19 impairment.

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

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

22 beginning actual construction. The notification shall include:

23 (1) a description of the project;

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

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

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

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

28 were calculated; and

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

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

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

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

33 permit revision is not required pursuant to this rule, Rule, the owner or operator shall maintain records of annual 

34 emissions in tons per year, on a calendar year basis related to the modifications modifications, for 10 years 

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

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

37 maintained for five years following resumption of regular operations after the change. The owner or operator shall 
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1 submit a report to the director Director within 60 days after the end of each year during which these records must be 

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

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

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

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

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

Increments - Particulate Matter

Indicator Averaging Period Class I Class II Class III

PM2.5 Annual arithmetic mean 1 4 8

PM2.5 24 hour maximum 2 9 18

PM10 Annual arithmetic mean 4 17 34

PM10 24 hour maximum 8 30 60

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

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

10 http://www.gpo.gov/fdsys/pkg/FR-2008-05-16/pdf/E8-10768.pdf [October 20, 2010 at

11 http://www.gpo.gov/fdsys/pkg/FR-2010-10-20/pdf/2010-25132.pdf] and does not include any subsequent 

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

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14 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-

15 215.108(b); 150B-21.6;

16 Eff. June 1, 1981;

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

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

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

20 effective, whichever is sooner;

21 Amended Eff. September 1, 2013; January 2, 2011; September 1, 2010; May 1, 2008; July 28, 

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

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