A J 7 AC:HMlXT B 

Rule Amendment that Address 1 10(a)(2)(J) Requirements 
RULE SUMMARY 

ubjcct: Prevention of Si 

Rule Citation 

1 5A NCAC 02D 

,0530, Prevention of 

Significant 

Deterioratiou 

1 SA NCAC 02D 

.053 1. Sources in 

Nonanainment Area 

iificant Deterioration and Sources 

What is Change 

The rule is nronosed to be . . amended to update the date of 

the version of the CFR thereby 

formally incorporatirigNOx as a 

precursor to ozone and allowing 

use of PMlO as a surrogate for 

PM2.5 and to remove language 

referencing pollution wntrol 

projects and clean unit tests. 

The rule is proposed to he 

amended to update the date of 

the version of the CFR thereby 

formally incorporating NOxas a 

precursor to ozone and allowing 

use of I'M10 as a surrogate for 

PM2.5 and to remove language 

reierencing pollution control 

pro.jects and clean unit tests. 

Nonattainment Rreas 

Purpose of Change (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 

of a court case no longer include 

pollution control project and 

clean unit test provisions. 

To address comments hy EPA in 

order to achieve state 

implementation plan (SIP) 

approval and avoid imposition of 

a federal implementation plan 

(FIP) and to mdke the rule 

consistent with the federal 

reqrirements which as the result 

of a courl case no longer include 

pollution control project and 

clean unit test provisions. 

Who Is Affected and HowDAQ has been L~eiting NOx as a precursor to 

ozone since 1995 and allowing use of PMlO as 

a surrogate for PM2.5 since 1999, thus there is 

no practical effect on regulated sources. The 

effect on the state isptential avoidance of 

EPA implementing some portion of North 

Carolina's program via imposition of a federal 

implementation plan and the negative 

perception associated therewith. There is no 

impact from removing the pollution control 

projed and clean unit test provisions because 

they are not allowed under the federal program. 

DAQ has been treating NOx as a precursor to 

ozone since 1995 and allowing use of PMl0 as 

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 some portion of North 

Carolina's program via imposition of a 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 

None 
15A NCAC 02D ,0530 is proposed for amendment as follows: 

15A NCAC 02D .0530 PREVENTION OF SlGNiFiCANT 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 W51.166. 

(b) For the purposes of this Rule the definitions contained in 40 CFR 51.166(b) and 40 CFR 

. . 51.301 shall apply except the definitions of "baseiine actual efRtssceftsiiemissions." awC@kx 

(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 compiete permit application is received by the Division, if the owner or 

operator demonstrates that it is more representative of normal source 

operation. 

(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 

shali be adjusted downward to reflect any emissions reductions 

under G. S. 143-215.1070 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 can be used for 

i 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. 

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0p.J In the definition of "net emissions increase," the reasonable period specified in 40 

CFR 51.166(b)(3)(ii) shall be seven years. 

f4)m The limitation specified in 40 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 redesignated as 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 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)(l)(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), (r), 

(v), and (w). The transition provisions allowed by 40 CFR 52.21 (i)(l l)(i) and (ii) and (m)(l)(vii) 

and (v~ii) 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 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 Ruie. 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 shall install best available control 

technology for NOx and 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 percent of the 

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

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 to which this Rule applies shall apply for and receive a 

permit as required in 15A NCAC 2Q ,0300 or ,0500. 

@+)M When 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, 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. 

tftffi 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 Ruie. 

fojm The degree of emission limitation required for 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 in 40 CFR 51.166(1) shall be 

subjeci to public comment procedures in accordance with the requirements of 40 CFR 51.102. 

@@J Permits may be issued on the basis of innovative control technology as set forth in 40 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). 

tfia If a source to which this Rule applies impacts an area designated Class I by requirements 

of40 CFR 51.166(e), notice to EPA will 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 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 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. 
fqu Approval of an application with regard to the requirements of this 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 I area 

named in Paragraph (c) of this Rule, the following procedures shall apply: . .. 

'(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. 

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. 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, 

(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 make the modiftcation 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 10 years 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 51.166(b)(23)(i), when compared to the premodification potential to emit; otherwise these records shall be maintained for five years. 

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

reference unless a specific reference states otherwise. The version of the Code of Federal 

Regulations incorporated in this Rule is that as of November7+0&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 Ef? March 8, 1994, for a perhd of 180 days or 

until the permanent rule is effective, whichever is 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 proposed to be amended as follows: 

15A NCAC 02D ,0531 SOURCES IN NONATTAINMENT AREAS 

(a) For the purpose of this Rule the definitions contained in 40 CFR 51.165(a)(I) and 40 CFR 

51.301 shall apply except the definition of "baseline actual 

emissions." ~- . . . . 

(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 immediate(y 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. 
0) 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 

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 adjusted downward to reflect any emissions reductions 

under G. S. 143-215107D 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. 

(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 (6) of this Subparagraph. 

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In the 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 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. 

(c) Applicability. This Rule applies to the following areas: 

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

(6) any of the following areas and in that area only when the Director notices 

in the North Carolina Register that the area is in violation of the ambient 

air quality standard for ozone: 

(i) CharlottelGastonia, consisting of Mecklenburg and Gaston 

Counties; with the exception allowed under Paragraph (I) of this 

Rule; 

(ii) GreensboroNVinston-SalemlHigh Point, consisting of Davidson, 

Forsyth, and Guilford Counties and that part of Davie County 

bounded by the Yadkin River, Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to Yadkin River; or 

(iii) RaieighlDurham, consisting of Durham and 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 Nonattainrnent Areas. This Rule applies to major stationary 

sources and major modifications of sources of carbon monoxide located in areas 

designated in 40 CFR 81.334 as nonattainment for carbon monoxide and for 
which construction commences after the area in which the source is located is 

listed in 40 CFR 81.334 as nonattainment for 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 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 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 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 Ambient Air Quality Standards. 

The emissions reduction credits shall also conform to the 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 in which the proposed source is located. 

(g) New natural gas-fired electrical utility generating units shall install lowest achievable emission 

rate technology for NOx and SO2. 

(h) 40 CFR 51.165(f)(lO)(iv)(A) is changed to read: "If the emissions level calculated in 

accordance with Paragraph (f)(6) of this Section is equal to or greater than 80 percent 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. 

. . att . . . . 

tkfu 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. 

#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 of the 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 of this Rule shall 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. 

+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, 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 proposedsource 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 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 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 

(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. 

The requirements of this Paragraph shall not apply to nonprofit health or nonprofit educational 

institutions. 
Paragraphs (f) and trfu of this Rule shall not apply to a new major stationary source or a 

major modification of a source of volatile organic compounds or nitrogen oxides for which 

construction commences after the area in which the source is located has been designated 

according to Part (c)(l)(B) of this Rule and before the area is designated in 40 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. 

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. 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, 

(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 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 10 years 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 The version of the Code of Federal Regulations incorporated in this 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 period of 180 days or 

until the permanent rule is effective, whichever is sooner; 

Authority G. S. 143-21 5.3(a)(l); 143-2 15.107(a) (5); 143-21 5.108(b); 

Eff June 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.