## AJ 7

### AC:HMlXT 

## B


# Rule Amendment that Address 1

# 10(a)(2)(J)

# Requirements

### RULE SUMMARY
ubjcct: Prevention of Si Rule Citation 1 5ANCAC 02D ,0530,Prevention of Significant Deterioratiou

1 SANCAC 02D .053 1. Sources in Nonanainment Area iificant Deterioration and Sources What is Change Therule is nronosed to be



## . 

# . amended to update the date of the version ofthe CFRthereby formally incorporatirigNOx as a precursor to ozone and allowing use ofPMlO as a surrogatefor PM2.5 and to remove language referencingpollution wntrol projects and clean unit tests.

The rule isproposed to he amended to update the date of the version of the CFR thereby formally incorporatingNOxas a precursor to ozone and allowing use ofI'M10 as a surrogate for PM2.5 and to remove language reierencing pollution control pro.jects and clean unit tests. Nonattainment Rreas Purpose ofChange (Why) To address comments by FPA in order to achieve state implementation plan (SIP) approval and avoid imposition of
a federal implementation plan (FIP) and to make the rule consistent with the lederal requirements which as the result ofa court case no longer include pollution control project and cleanunit test provisions.

Toaddress commentshy EPA in order to achieve state implementation plan (SIP) approval and avoid imposition of
a federal implementation plan (FIP) andto mdke the rule consistentwith the federal reqrirementswhich as the result of a courlcaseno longer include pollution controlproject and cleanunit test provisions. Who IsAffected and HowDAQ has been L~eiting NOx as a precursor to ozone since 1995and allowing use ofPMlO as a surrogatefor PM2.5 since 1999,thus there is
no practical effect on regulated sources. The effect on the state isptential avoidance of EPA implementing someportion of North Carolina's program via imposition ofa federal implementation plan and the negative perception associated therewith. There is no impact from removingthe pollution control projed and cleanunit test provisions because they arenot allowed under the federal program. DAQ has been treating NOx as aprecursor to ozone since 1995 and allowing use ofPMl0as a surrogate for PM2.5 since 1999, thus there is
no practical effect on regulated sources. The effect on the state is potential a~roidance of EPA implementiog someportion ofNorth Carolina's program via imposition ofa federal implementation plan and the negative perception associated therewith. There is no impact from removing the pollution control project and clean unit test provisions because they are not allowed under the federal program None

None15A NCAC 02D ,0530 is proposed for amendment asfollows: 15A NCAC 02D .0530 PREVENTIONOF SlGNiFiCANT DETERIORATION (a) The purpose of the Rule isto implement a program for the preventionof significant deteriorationof air quality as required by 40 CFR 

## W51.166.

(b) For the purposes of this Rulethe definitions contained in 40 CFR 51.166(b)and40 CFR



### . 

## . 51.301 shall apply except the definitionsof "baseiine actual

### efRtssceftsiiemissions."awC@kx

(1) "Baseline actual emissions" meansthe rateof emissions, intons per year, of a regulated new source review (NSR) pollutant, as determined in accordance with Parts (A)through (C) of this Subparagraph. (A) Foran existing emissions unit, baseline actual emissions meansthe average rate, intons peryear, at which the emissions unit actually emitted the pollutant during any consecutive 24-month periodselected by the owner or operator within the 5-year period immediately preceding the date that a complete permit application is received by the Divisionfor
a permit required under this Rule.The Director shall allow a different time period, not to exceed 10years immediately precedingthe date that a compiete permit application is received by the Division, if the owner or operator demonstrates that it is more representativeof normal source operation. (i) The average rate shall includefugitive emissionsto the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusteddownward to exclude any non-compliant emissions that occurredwhile 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, ifthe State has taken credit in an attainment demonstration or maintenance planconsistent with the requirementsof 40 CFR 51.165(a)(3)(ii)(G)for an emission limitation that is part of a maximum achievablecontrol technology standard that the Administrator proposed orpromulgated under part 63 of the Code of Federal Regulations, the baseline actual emissions shall be adjustedto account for such emission reductions. (iv) For an electric utility steam generating unit, the average rate shali be adjusted downward to reflect any emissions reductions under G. S. 143-215.1070 and for which cost recovery is sought pursuantto 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 can be usedfor

i each regulated NSR pollutant. (vi) The average rate shall not be basedon 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 thatwill 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, andfor a new emissions unit inaccordance with the procedures contained in Part (B) of this Subparagraph. 

## ('9

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## 0p.J Inthe definition of "net emissions increase," the reasonable period specified in40 CFR 51.166(b)(3)(ii) shall beseven years. 

# f4)m The limitation specified in40 CFR 51.166(b)(15)(ii) shall not apply. (c) All areas of the State shall be 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; (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 51166(g)(2) are met.Areas may be proposed to be redesignatedas Class Ill,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 lndian Governing Body. (e) In areas designated as Class I, II, or Ill,increases in pollutant concentration over the baseline concentration shall be limited to the values set forth in40 CFR 51.166(c). However, concentration of the pollutant shall not exceed standards set forth in40 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)(l)(i) or (ii) shall be limitedto 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), (r), (v), and (w).Thetransition provisions allowed by 40 CFR 52.21 (i)(ll)(i) and (ii) and (m)(l)(vii) and (v~ii) are hereby adopted under this Rule.The minimum requirements described inthe portions of 40 CFR 51.166 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 51.166 referenced inthis Paragraph speaks of the "plan," the requirements described therein shall apply to the source to which they pertain, except as otherwise provided inthis Ruie. Whenever the portions of 40 CFR 51.166 referenced inthis Paragraph provide that the State plan may exempt or not apply certain requirements incertain circumstances, those exemptions and provisions of nonapplicability are also hereby adopted under this Rule. However,this provisionshall 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 naturalgas-fired electrical utility generating units shall install best available control technology for NOxand SO2. (i) 40 CFR 51.166(~)(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 percentofthe PAL [plant wide applicability limit] level,the Director shall renew the PAL at the same level." 40 CFR 51.166(w)(IO)(iv)(b) is not incorporated by reference.

# ----

I{

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friii) 15A NCAC 2Q 0102 and 0302 are not appltcabie to any source to whlch thls Ruie apphes The owner or operator of the sources towhich this Ruleapplies shall apply for and receive a permit as required in 15A NCAC 2Q ,0300 or ,0500. 

# @+)MWhen a particuiar 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, onthe capacity of the source or modificationto 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 notyet begun on the source or modification. 

## tftffi Volatile organic compounds exempted from coverage in 40 CFR 51.100(s) shall also be exempted when calculating source applicability and control requirements underthis Ruie. 

# fojm The degree of emission limitation requiredfor control of any air pollutant under this Rule shall not be affected in any 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. 

# @)a A substitution or modification of a modei as provided for in40 CFR 51.166(1) shall be subjecito public comment procedures in accordancewith the requirements of 40 CFR 51.102. @@J Permits may be issued onthe basis of innovative control technology as set forth in40 CFR 51.166(s)(l) if the requirements of 40 CFR 51.166(~)(2) have been met, subject to the condition of 40 CFR 51.166(~)(3), and with the allowance set forth in 40 CFR 51.166(~)(4). 

## tfiaIf a source to which this Rule applies impacts an area designated Class I by requirements of40 CFR 51.166(e), noticeto EPAwill 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 issuedonthe basis that the requirements for variances as set forth in 40 CFR 51.166(~)(4), (p)(5) and (p)(7), or (p)(6) and (p)(7)have been satisfied. 

## 0 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 ofthe application, applicants shall be notified if the application is complete asto initial information submitted. Commencement of construction beforefull prevention of significant deterioration approval is obtained constitutes a violation of this Rule.

## fquApproval of an applicationwith regardto the requirements ofthis Rule shall not reiieve the
owner or operator of the responsibility to comply fully with applicable provisions of other rules of this Subchapter or Subchapter 

### 2Q of this Title and any other requirements under local, state, or federal law. &)@ When a source or modification subject to this Rule may affect the visibility of a Class Iarea named in Paragraph (c) of this Rule, the following procedures shall apply:



### . .. 

### '(1) The Director shall provide written notificationto all affected Federal Land Managerswithin 30 days of receiving the permit application orwithin 30days of receiving advance notification of an application. The notification shall be at least 30 days prior to the publication of noticefor 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 onvisibility. (2) The Director shall consider any analysis concerning visibility impairment performed 

### bythe Federal Land Manager ifthe analysis is receivedwithin 30days of notification. Ifthe Director finds thatthe analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact onvisibility 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 beobtained. (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. Ifthe 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. The notification shall include: (1) a description of the project, (2) identification of sourceswhose emissions could be affected by the project, 

### (3) the calculated projected actual emissions and anexplanation of how the projected actual emissions were calculated, (4) the calculated baseline emissions and an explanation of how the baseline emissions were calculated, and 

### (5) any netting calculations if applicable. If upon reviewing the notification, the Director finds that it 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 makethe modiftcation until ithas received a permit issued pursuant to this Rule. If a permit revision is not required pursuant tothis rule, the owner or operator shallmaintain records of emissions related to the modificationsfor 10 years if the project involves increasing the emissions unit's design capacity or its potentialto emit the regulated NSR pollutant by a significant amount, as defined at 40 CFR 51.166(b)(23)(i), when comparedto the premodification potentialto emit; otherwise these records shall be maintained for five years. The referenceto the Code of Federal Regulations (CFR) inthis Rule are incorporated by reference unless a specific reference states otherwise.The version of the Code of Federal Regulationsincorporated inthis Rule is that as of November7+0&29. 2005 except those provisions noticedas stayed 

### in 69 FR 40274, and does not include any subsequentamendments
or editions to the referenced material.

History Note: Filedas a Temporary Amendment 

### Ef? March8, 1994,for a perhdof 180 days or untilthe permanent rule is effective, whicheveris sooner; Authority G.S.9143-215.3(a)(l); 143-215.107(a)(3); 143-215.107(a)(5); 143- 215.107(a)(7); 143-215.108(b); 1506-21.6; 

### ER June 

### I, 1981; Amended 

### Eff Mar 

### I, 2008; July 28, 2006; July 1, 1997; February 1, 1995; July I, 1994: December I, 1992; August I, 1991.

15A NCAC 02D ,0531 is proposedto be amendedas follows:

15A NCAC 02D ,0531 SOURCES IN NONATTAINMENTAREAS (a) Forthe purpose of this Rulethe definitions contained in 40 CFR 51.165(a)(I) and 40 CFR 51.301shall apply except the definition of "baseline actual emissions."

. . 

### . . 

# ~-

(A) For an existing emissions unit, baseline actual emissions meansthe average rate, in tons per year, at which the emissions unit actually emitted the pollutantduring 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 Divisionfor a permit required underthis Rule. The Director shall allow a different time period, not to exceed 10years immediate(ypreceding the date that
a complete permit application is received by the Division, if the owner or operator demonstratesthat it is more representative of normalsource operation.0) The average rate shall include fugitive emissionsto the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The average rate shall be adjusted downwardto exclude any non-compliant emissions that occurredwhile the source was operating above any emission limitationthat was legally enforceable during the consecutive 24-month period. (iii) For an existing emission unit (other than anelectric utility steam generating unit),the average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitationwith which the major stationary source must currently comply. However, ifthe State has taken credit in anattainment

I 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 adjusteddownward to reflect any emissions reductions under G. S. 143-215107Dandfor 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 determinethe baseline actual emissions for allthe emissions units being changed. 

### A different consecutive 24- month periodfor each regulated NSR pollutant. (vi) The average rate shall not be based on any consecutive 24- month periodfor 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 increasethatwill 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 becalculatedfor existing emissions units in accordance with the procedures contained in Part 

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

### (6) of this Subparagraph. 

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### . . . .

-x



## W%

. '2 

### VWPInthe definition of "net emissions increase," the reasonable period specified in 40 CFR 51.165(a)(I)(vi)(C)(l) shall be seven years. (b) Redesignation toAttainment. 

### If any county or part ofa county to which this Ruleapplies is later designated in 40 CFR 81.334 as attainment for ozone or carbon monoxide, all sources in that county subject tothis Rulebefore the redesignation date shall continue to comply with this Rule. (c) Applicability. This Rule applies tothe following areas:



### afk#kW-

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

### (6) any of the following areas and inthat area only when the Director notices in the North Carolina Register that the area is inviolation of the ambient air quality standardfor ozone: (i) CharlottelGastonia, consisting of Mecklenburg and Gaston Counties; with the exception allowed under Paragraph (I) of this Rule; (ii) 

### GreensboroNVinston-SalemlHighPoint, consisting of Davidson, Forsyth, and Guilford Counties and that part of Davie County bounded by the Yadkin River, Dutchmans Creek, NorthCarolina Highway 801, Fulton Creek and back to Yadkin River; or (iii) RaieighlDurham, consisting of Durhamand Wake Counties and Dutchville Township in Granville County. Violations of the ambient air quality standard for ozone shall be determined according to 40 CFR 50.9. 

### (2) Carbon Monoxide NonattainrnentAreas. This Rule applies to major stationary sources and major modifications of sources of carbon monoxide located in areas designated in40 CFR 81.334 as nonattainment for carbon monoxide and forwhich construction commences after the area in which the source is located is listed in 40 CFR 81.334 as nonattainmentfor carbon monoxide. (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 inthis 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 photochemicai reactivity except carbon monoxide. (e) 15A NCAC 2Q ,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 2Q ,0300 or ,0500. (f) To issue a permitto a source towhich 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 bythis 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 ofthis 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 modificationwill 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 1.00to 1.15for volatile organic compounds and nitrogen oxides and by a ratio of less than one to one for carbonmonoxide. 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 resultingfrom compliance (or scheduled compliance) with applicable rules in effect before the application. The difference between the emissions from the new major source andassociated new minor sources of carbon monoxide and the emission reductions shall be sufficientto represent reasonable further progress toward attaining the Ambient Air Quality Standards. The emissions reduction credits shall also conform tothe provisions of 40 CFR 51.165(a)(3)(ii)(A) through (J);and (4) The North Carolina State Implementation Plan for Air Quality is being carried out for the nonattainment area inwhich the proposed source is located. (g) New natural gas-fired electrical utility generating units shall install lowest achievable emission rate technology for NOxand SO2. (h) 40 CFR 51.165(f)(lO)(iv)(A) is changed to read: "If the emissions levelcalculated 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)(IO)(iv)(B) is not incorporated by reference.



### . .a

### tt . 

### . 

## . .


# tkfuWhen a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation inany enforceable limitation established after August 

### 7. 1980, on the capacity ofthe 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 modificationas though construction had not yet begun on the source or modification. 

# #U 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 source demonstrates that the benefits ofthe source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

### tRlj@J Approval of an application regarding the requirements ofthis Rule shall not relievethe
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. 

### +qlJ 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, thefollowing procedures shall befollowed: (1) 

### The owner or operator ofthe source shall providean analysis of the impairment



## .. 

### to visibility that would occur because of the source or modificationand 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 30days of receiving the permit application or within 30 days of receiving advance notification of an application. The notification shall be at least 30 days beforethe publicationof the notice for public comment on the application, The notification shall include a copy of all information relevantto the permit application including an analysis provided bythe source of the potential impactof the proposedsourceon visibility; (3) The Director shall consider any analysis concerningvisibility impairment performed by the Federal Land Manager if the analysis is received within 30 days of notification. If the Directorfinds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an adverse impact onvisibility will result inthe Class Iarea, the Director shall provide inthe 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 toward the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class 

### Iareas 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, andthe useful lifeof the source; and 

### (5) The Director may require monitoring of visibility inor around any Class Iarea 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.Paragraphs 

### (f) and

# trfuof this Rule shall not apply to a new major stationary source or a major modificationof a source of volatile organic compounds or nitrogen oxides for which construction commences after the area inwhich the source is located has been designated according to Part (c)(l)(B) of this Rule and before the area is designated in40 CFR 81.334 as nonattainment for ozone if the owner or operator of the source demonstrates, using the Urban Airshed Model 

### (UAM), that the new source or modification will not contribute to or cause a violation. The model used shall be that maintained by the Division.The Division shall run the model only after the permit application has been submitted.The permit application shall be incomplete until the modeling analysis is completed. The owner or operator of the source shall apply such degree of control and obtain such offsets necessary to demonstrate the new source or modified source will not cause or contribute to a violation. Ifthe owner or operator of a source is using projected actual emissions to avoid applicability of preventionof significant deterioration requirements, the owner or operator shall notify the director of the modification. 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 anexplanation of how the projected actual emissions were calculated, (4) the calculated baseline emissions and an explanation of how the baseline emissionswere calculated, and (5) any netting calculations if applicable. If upon reviewingthe notification, the Director finds that itwill 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 Rule, the owner or operator shall maintain records of emissions related to the modifications for 10years if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated 

### NSR pollutant by a significant amount, as defined at 40 CFR 51.165(a)(l)(x), when compared to the premodification potential to emit; otherwise these records shall be maintained for five years. 

## &+JJ Theversion of the Code of Federal Regulations incorporated inthis Rule is that as of -November 29. 2005 except those provisions noticed as stayed in 69 FR 40274, and does not include any subsequent amendments or editions to the referenced material.

History Note: Filed as a Temporary Amendment Eft March 8, 1994 for a periodof 180days or untilthe permanent rule iseffective, whichever issooner; Authority G.S. 143-215.3(a)(l); 143-215.107(a) (5); 143-21 5.108(b); 

### EffJune I, 1981;Amended 

## EK Mar. I. 2008: May 

### I, 2005;July 

### 1, 1998; July 

### I, 1996;July 

### I, 1995;July 

### I, 1994; December 

### I, 1993;December 

### 1, 1992.