1 15A NCAC 02D .0530 is amended with changes as published in 24:17 NCR 1509-1511 as follows: 

2 

3 

4 

5 

15A NCAC 02D .0530 PREVENTION OF SIGNIFICANT DETERIORATION 

(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 51.166. 

6 (b) For the purposes of this Rule the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 shall apply except 

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

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

(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 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 

18 shall apply: 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

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

emissions associated with startups, shutdowns, and malfunctions. 

(ii) 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. 

(iii) 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 

51.165(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. 

(iv) 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 baseline actual 

1 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

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 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 

15 51.166(b)(3)(ii) shall be is seven years. 

16 (3) The limitation specified in 40 CFR 51.166(b)(15)(ii) shall does not apply. 

17 

18 

19 

20 

(c) All areas of the State shall be are classified as Class II except that the following areas are Class I: 

(1) Great Smoky Mountains National Park; 

(2) Joyce Kilmer Slickrock National Wilderness Area; 

(3) Linville Gorge National Wilderness Area; 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

(4) Shining Rock National Wilderness Area; and

(5) Swanquarter National Wilderness Area. 

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

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

be redesignated as Class III, if the requirements of 40 CFR 51.166(g)(3) are met. Redesignations may not, however, be 

proposed which would violate the restrictions of 40 CFR 51.166(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, II, or III, increases in pollutant concentration over the baseline concentration shall be 

limited to the values set forth in 40 CFR 51.166(c). However, concentration of the pollutant shall not exceed standards 

set forth in 40 CFR 51.166(d). 

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

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

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

(g) Major stationary sources and major modifications shall comply with the requirements contained in 40 CFR 51.166(i) 

and (a)(7) and by extension in 40 CFR 51.166(j) through (o) and (w). The transition provisions allowed by 40 CFR 52.21 

(i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted under this Rule. The minimum requirements described in 

the portions of 40 CFR 51.166 referenced in this Paragraph are hereby adopted as the requirements to be used under this 

2 
1 

2 

3 

4 

5 

6 

7 

Rule, except as otherwise provided in this Rule. Wherever the language of the portions of 40 CFR 51.166 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 51.166 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 from the owner or operator by the Director as specified in 40 CFR 

51.166(n)(2). 

(h) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G. S. 62-133.6

shall install best available control technology for NOX and SO

8 

9 2. SO2, regardless of applicability of the rest of this rule.

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

(i) 40 CFR 51.166(w)(10)(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 51.166(w)(10)(iv)(b) is not incorporated by reference. 

(j) 15A NCAC 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 15A NCAC 02Q .0300 or 

.0500. 

(k) 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. 

(l) 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". 

22 

23 

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

source applicability and control requirements under this Rule. 

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

25 

26 

27 

28 

manner by: 

(1) 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. 

29 

30 

31 

32 

33 

34 

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

procedures in accordance with the requirements of 40 CFR 51.102. 

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

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 

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

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

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

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

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

35 

36 

37 

3 
1 

2 

3 

4 

5 

6 

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

satisfied. 

(r) A permit application subject to this Rule shall be processed in accordance with the procedures and requirements of 40 

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

to initial information submitted. Commencement of construction before full prevention of significant deterioration 

approval is obtained constitutes a violation of this Rule. 

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

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

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

8 

9 

10 (t) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) 

11 of this Rule, the following procedures shall apply: 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

(1) The 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 prior to the publication of 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. 

(2) 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 of public hearing on the 

application, an explanation of his decision or notice as to where the explanation can be obtained. 

(3) 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. 

(u) 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 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 51.166(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 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

4 
5 

1 

2 

3 

4 

5 

6 

7 

8 

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 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 51.166(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). 

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

10 a specific reference states otherwise. The version of the Code of Federal Regulations CFR incorporated in this Rule is 

11 that as of June 13, [2007.] 2007except those provisions noticed as stayed in 69 FR 40274, and does not include any 

12 subsequent amendments or editions to the referenced material. and does not include any subsequent amendments or 

13 editions to the referenced material. 

14 

15 

16 

17 

18 

19 

20 

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-

215.108(b); 150B-21.6; 

Eff. June 1, 1981; 

Amended Eff. December 1, 1992; August 1, 1991; 

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

effective, whichever is sooner; 

Amended Eff. September 1, 2010; May 1, 2008; July 28, 2006; July 1, 1997; February 1, 1995; 

July 1, 1994. 

21 

22 
1 

2 

3 

15A NCAC 02D .0531 is amended with changes as published in 24:17 NCR 1511-1515 as follows: 

15A NCAC 02D .0531 SOURCES IN NONATTAINMENT AREAS 

4 (a) For the purpose of this Rule the definitions contained in 40 CFR 51.165(a)(1) and 40 CFR 51.301 shall apply except 

5 the definition of "baseline actual emissions." For the purposes of this Rule: 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

(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 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 

16 shall apply: 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

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

emissions associated with startups, shutdowns, and malfunctions. 

(ii) 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. 

(iii) 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 

51.165(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. 

(iv) 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 baseline actual 

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

month period for each regulated NSR pollutant. 

1 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

(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 

12 51.165(a)(1)(vi)(C)(1) shall be is seven years. 

13 (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 for ozone or carbon monoxide, all sources in that county subject to this Rule before the 

redesignation date shall continue to comply with this Rule. 

14 

15 

16 (c) Applicability. 40 CFR 51.165(a)(2) is incorporated by reference. This Rule applies to areas designated as 

17 nonattainment in 40 CFR 81.334, including any subsequent amendments or editions. the following areas: 

18 (1) Ozone Nonattainment Areas, to major stationary sources and major modifications of sources of 

19 volatile organic compounds or nitrogen oxides for which construction commences after the area in 

20 which the source is located is designated according to Part (A) or (B) of this Subparagraph: 

21 (A) areas designated in 40 CFR 81.334 as nonattainment for ozone, or

22 (B) any of the following areas and in that area only when the Director notices in the North 

23 Carolina Register that the area is in violation of the ambient air quality standard for ozone:

24 (i) Charlotte/Gastonia, consisting of Mecklenburg and Gaston Counties; with the 

25 exception allowed under Paragraph (l) of this Rule;

26 (ii) Greensboro/Winston-Salem/High Point, consisting of Davidson, Forsyth, and 

27 Guilford Counties and that part of Davie County bounded by the Yadkin River, 

28 Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin 

29 River; or

30 (iii) Raleigh/Durham, consisting of Durham and Wake Counties and Dutchville 

31 Township in Granville County.

32 Violations of the ambient air quality standard for ozone shall be determined according to 40 

33 CFR 50.9. 

34 (2) Carbon Monoxide Nonattainment Areas. This Rule applies to major stationary sources and major 

35 modifications of sources of carbon monoxide located in areas designated in 40 CFR 81.334 as 

36 nonattainment for carbon monoxide and for which construction commences after the area in which the 

37 source is located is listed in 40 CFR 81.334 as nonattainment for carbon monoxide. 

2 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

(d) This Rule is not applicable to: 

(1) complex sources of air pollution regulated only under Section .0800 of this Subchapter and not under 

any other rule in this Subchapter; 

(2) emission of pollutants at the new major stationary source or major modification located in the 

nonattainment area that are pollutants other than the pollutant or pollutants for which the area is 

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 51.165(a)(4); 

or 

(5) emission of compounds listed under 40 CFR 51.100(s) as having been determined to have negligible 

photochemical reactivity except carbon monoxide. 

(e) 15A NCAC 02Q .0102 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 modification 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 stationary 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 1.00 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 

National Ambient Air Quality Standards. The emissions reduction credits shall also conform to the 

provisions of 40 CFR 51.165(a)(3)(ii)(A) through (G) and (J); and 

36 

37 

3 
1 

2 

(4) The North Carolina State Implementation Plan for Air Quality is being carried out for the 

nonattainment area in which the proposed source is located. 

3 (g) New natural gas-fired electrical utility generating units for which cost recovery is sought pursuant to G. S. 62-133.6 

4 shall install lowest achievable emission rate technology for NOX and SO2.SO2, regardless of the applicability of the rest 

5 

6 

7 

8 

9 

10 

11 

12 

13 

of this Rule. 

(h) 40 CFR 51.165(f) is incorporated by reference except that 40 CFR 51.165(f)(10)(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 of the 

PAL level, the Director shall renew the PAL at the same level." 40 CFR 51.165(f)(10)(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. 

14 (j) To issue a permit to a source of a nonattainment pollutant, the Director shall determine, in accordance with Section 

15 

16 

17 

18 

19 

20 

173(a)(5) of the Clean Air Act and 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". 

21 (l) Approval of an application regarding the requirements of this Rule shall does not relieve the owner or operator of the 

responsibility to comply fully with applicable provisions of other rules of this Chapter and any other requirements under 

local, state, or federal law. 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

(m) When a source or modification subject to this Rule may affect the visibility of a Class I area named in Paragraph (c) 

of Rule .0530 of this Section, the following procedures shall be followed: 

(1) 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; 

(2) The 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; 

(3) 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 

4 
1 

2 

3 

visibility will result in the Class I area, the Director shall provide in the notice of public hearing on the 

application, an explanation of his decision or notice where the explanation can be obtained; 

(4) The Director shall issue permits only to those sources whose emissions will be consistent with making 

reasonable progress progress, as defined in Section 169A of the Clean Air Act, toward the national 

goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class 

I areas when the impairment results from manmade air pollution. In making the decision to issue a 

permit, the Director shall consider the cost of compliance, the time necessary for compliance, the 

energy and nonair quality environmental impacts of compliance, and the useful life of the source; and 

4 

5 

6 

7 

8 

9 

10 

(5) 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. 

11 The requirements of this Paragraph shall do not apply to nonprofit health or nonprofit educational institutions. 

12 (n) Paragraphs (f) and (j) of this Rule shall not apply to a new major stationary source or a major modification of a 

13 source of volatile organic compounds or nitrogen oxides for which construction commences after the area in which the 

14 source is located has been designated according to Part (c)(1)(B) of this Rule and before the area is designated in 40 CFR 

15 81.334 as nonattainment for ozone if the owner or operator of the source demonstrates, using the Urban Airshed Model 

16 (UAM), that the new source or modification will not contribute to or cause a violation. The model used shall be that 

17 maintained by the Division. The Division shall run the model only after the permit application has been submitted. The 

18 permit application shall be incomplete until the modeling analysis is completed. The owner or operator of the source shall 

19 apply such degree of control and obtain such offsets necessary to demonstrate the new source or modified source will not 

20 cause or contribute to a violation.

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

(o)(n) 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 51.165(a)(1)(xxviii)(B)(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 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 shall be maintained for five years following resumption of regular operations after the change. The owner or 

5 
6 

1 

2 

3 

4 

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 51.165(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). 

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

6 specific reference states otherwise. The Except for 40 CFR 81.334, the version of the Code of Federal Regulations CFR

7 incorporated in this Rule is that as of June 13, [2007.] 2007except those provisions noticed as stayed in 69 FR 40274, and 

8 does not include any subsequent amendments or editions to the referenced material. and does not include any subsequent 

9 amendments or editions to the referenced material.

10 

11 

12 

13 

14 

15 

History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); 143-215.108(b); 

Eff. June 1, 1981; 

Amended Eff. December 1, 1993; December 1, 1992; 

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

effective, whichever is sooner; 

Amended Eff. September 1, 2010; May 1, 2008; May 1, 2005; July 1, 1998; July 1, 1996; July 1, 1995; 

July 1, 1994.

16 

17