### B

- 1

Additional EPA Comments 

### 1

2

15A NCA 02D .0530 is proposed for amendment with changes as follows: 

### 3

4

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

### 5

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

### 6

as required by 40 CFR 51.166. 

### 7

(b) For the purpos es of this Rule the definitions contained in 40 CFR 51.166(b) and 40 CFR 51.301 apply ex cept 

### 8

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

### 9

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

### 10

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

### 11

Subparagraph: 

### 12

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

### 13

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

### 14

consecutive 24

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

- year period 

### 15

immediately preceding the date that a complete permit application is received by the 

### 16

Division for a permit required under this Rule. The Director shall allow a different time 

### 17

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

### 18

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

### 19

more representative of normal source operation. For the purpose of determining baseline 

### 20

actual emissions, the following appl y: 

### 21

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

### 22

emissions associated with startups, shutdowns, and malfunctions; 

### 23

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

- compliant 

### 24

emissions that occurred while the source was operating above any emission 

### 25

limitation that was legally enforceable during the consecutive 24

- month period; 

### 26

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

### 27

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

### 28

would have exceeded an emission limitation with which the major stationary 

### 29

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

### 30

attainment demonstration or maintenance plan consistent with the r equirements 

### 31

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

### 32

maximum achievable control technology standard that the Administrator 

### 33

proposed or promulgated under part 63 of the Code of Federal Regulations, the 

### 34

baseline actual emiss ions shall be adjusted to account for such emission 

### 35

reductions; 

### 36

### B

- 2

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

### 1

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

- 215.107D and for 

### 2

which cost re covery is sough t pursuant to G. S. 62

- 133.6; 

### 3

(v) For a regulated NSR pollutant, when a project involves multiple emissions units, 

### 4

only one consecutive 24

- month period shall be used to determine the baseline 

### 5

actual emissions for all the emissions units being changed. A dif ferent 

### 6

consecutive 24

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

### 7

each regulated NSR pollutant; and 

### 8

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

- month period for 

### 9

which there is inadequate information for determining annu al emissions, in tons 

### 10

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

### 11

this Part; 

### 12

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

### 13

emissions increase that will result from the init ial construction and operation of such unit 

### 14

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

### 15

emit; and 

### 16

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

### 17

emissions shall b e calculated for existing emissions units in accordance with the 

### 18

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

### 19

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

### 20

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

### 21

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

### 22

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

### 23

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

### 24

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

### 25

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

### 26

exceed 140 tons per year. Sulfur dioxide an d nitrogen oxides are precursor to PM 2.5 in all 

### 27

attainment and unclassifiable areas. Volatile organic compounds and ammonia are not significant 

### 28

precursors to PM 2.5

. 

### 29

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

### 30

(1) Great Smoky Mountains National Park; 

### 31

(2) Joyce Kilmer Slickrock National Wilderness Area; 

### 32

(3) Linville Gorge National Wilderness Area; 

### 33

(4) Shining Rock National Wilderness Area; and 

### 34

(5) Swanquarter National Wilderness Area. 

### 35

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

### 36

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

### 37

### B

- 3

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

### 1

not, however, be proposed which would violate the restrictions of 40 CFR 51.166(e). Lands within the boundaries of 

### 2

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

### 3

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

### 4

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

### 5

standards set fort h in 40 CFR 51.166(d). 

### 6

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

### 7

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

### 8

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

### 9

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

### 10

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

### 11

40 CFR 52.21 (i)(11)(i) and (ii) and (m)(1)(vii) and (viii) are hereby adopted under this Rule. The minimum 

### 12

requirements described in the portions of 40 CFR 51.166 referenced in this Paragraph are hereby adopted as the 

### 13

requirements to be used under this Rule, except as otherwise provided in this Rule. Wherever the language of the 

### 14

portions of 40 CFR 51.166 referenced in this Paragraph speaks of the "plan," the requirements described therein 

### 15

shall apply to the source to wh ich they pertain, except as otherwise provided in this Rule. Whenever the portions of 

### 16

40 CFR 51.166 referenced in this Paragraph provide that the State plan may exempt or not apply certain 

### 17

requirements in certain circumstances, those exemptions and provisi ons of nonapplicability are also hereby adopted 

### 18

under this Rule. However, this provision shall not be interpreted so as to limit information that may be requested 

### 19

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

### 20

(h) New natu ral gas

- fired electrical utility generating units for which cost recovery is sought pursuant to G. S. 62

- 

### 21

133.6 shall install best available control technology for NO X and SO 2 , regardless of applicability of the rest of this 

### 22

R ule. 

### 23

(i) 40 CFR 51.166(w)(10)( iv)(a) is changed to read: "If the emissions level calculated in accordance with Paragraph 

### 24

(w)(6) of this Section is equal to or greater than 80 percent of the PAL [plant wide applicability limit] level, the 

### 25

Director shall renew the PAL at the same level." 40 CFR 51.166(w)(10)(iv)(b) is not incorporated by reference. 

### 26

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

### 27

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

### 28

02Q .0300 or .0500. 

### 29

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

### 30

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

### 31

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

### 32

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

### 33

modificatio n. 

### 34

(l) The provisions of 40 CFR 52.21(r)(2) regarding the period of validity of approval to construct are incorporated 

### 35

by reference except that the term "Administrator" is replaced with "Director". 

### 36 Comment [A1]: Please also include the following

statement “and section (v) of this rule” for PM

increments.

### B

- 4

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

### 1

source applicability and control requirements under this Rule. 

### 2

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

### 3

by: 

### 4

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

### 5

engineering practice; or 

### 6

(2) any other dispersion technique not implemented before then. 

### 7

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

### 8

procedures in accordance with the requirements of 40 CFR 51.102. 

### 9

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

### 10

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

### 11

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

### 12

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

### 13

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

### 14

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

### 15

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

### 16

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

### 17

(p)(7) have been satisfied. Pursuant to 40 CFR 51.166(p)(4) For Class I v V ariances, the following are maximum 

### 18

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

### 19

replace the values in 40 CFR 51.166(p)(4): 

### 20

Class I variances

– Particulate Matter

Indicator Averaging Period micrograms per cubic meter

PM 2.5 Annual arithmetic mean 4

PM 2.5 24 hour maximum 9

PM 10 Annual arithmetic mean 17

PM 10 24 hour maximum 30



### 21

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

### 22

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

### 23

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

### 24

deterioratio n approval is obtained constitutes a violation of this Rule. 

### 25

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

### 26

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

### 27

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

### 28

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

### 29

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

### 30

after receipt of an application, notify the Federal Land Manager with the U.S. Department of 

### 31 Comment [A2]: Please see our sugges tions.

### B

- 5

Interior and U.S. Department of Agriculture of an application from a source or modification 

### 1

subject to this Rule; 

### 2

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

### 3

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

### 4

application or within 30 days of receiving advance notifica tion of an application. The notification 

### 5

shall be at least 30 days prior to the publication of notice for public comment on the application. 

### 6

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

### 7

an analysis p rovided by the source of the potential impact of the proposed source on visibility; 

### 8

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

### 9

Federal Land Manager if the analysis is received within 30 days of notificati on. If the Director 

### 10

finds that the analysis of the Federal Land Manager fails to demonstrate to his satisfaction that an 

### 11

adverse impact on visibility will result in the Class I area, the Director shall provide in the notice 

### 12

of public hearing on the applica tion, an explanation of his decision or notice as to where the 

### 13

explanation can be obtained; and 

### 14

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

### 15

new source or modification when the visibility impact analys is indicates possible visibility 

### 16

impairment. 

### 17

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

### 18

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

### 19

beginning actual construction. The notification shall include: 

### 20

(1) a description of the project; 

### 21

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

### 22

(3) the calculated projected actual emissions and an expl anation of how the projected actual emissions 

### 23

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

### 24

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

### 25

were calculat ed; and 

### 26

(5) any netting calculations if applicable. 

### 27

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

### 28

deterioration evaluation, then the Director shall notify the owner or operator of his finding s. The owner or operator 

### 29

shall not make the modification until it has received a permit issued pursuant to this Rule. If a permit revision is not 

### 30

required pursuant to this rule, the owner or operator shall maintain records of annual emissions in tons per y ear, on a 

### 31

calendar year basis related to the modifications for 10 years following resumption of regular operations after the 

### 32

change if the project involves increasing the emissions unit's design capacity or its potential to emit the regulated 

### 33

NSR pollutant ; otherwise these records shall be maintained for five years following resumption of regular operations 

### 34

after the change. The owner or operator shall submit a report to the director within 60 days after the end of each year 

### 35

during which these records must be generated. The report shall contain the items listed in 40 CFR 51.166(r)(6)(v)(a) 

### 36

### B

- 6

through (c). The owner or operator shall make the information documented and maintained under this Paragraph 

### 1

available to the Director or the general public pursuant to th e requirements in 40 CFR 70.4(b)(3)(viii). 

### 2

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

### 3

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

### 4

5

Particulate Matter

Indicator Averaging Period Class I Class II Class III

PM 2.5 Annual arithmetic mean 1 4 8

PM 2.5 24 hour maximum 2 9 18

PM 10 Annual arithmetic mean 4 17 34

PM 10 24 hour maximum 8 30 60



### 6

1. Pursuant to 40 CFR 51.166(14)(i) the terms “m ajor source baseline date ,” minor source baseline date” and 

### 7

“baseline area” are herein incorporated by reference as of July 20, 2010 for the implementation of the PM 

### 8

increments

. 

### 9

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

### 10

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

### 11

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

- 2008

- 05

- 16/pdf/E8

- 10768.pdf [ October 20, 2010 at 

### 12

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

- 2010

- 10

- 20/pdf/2010

- 25132.pdf ] and does not include any subsequent 

### 13

amendments or editions to the referenced material. 

### 14

15

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); 1 43

- 

### 16

215.108(b); 150B

- 21.6; 

### 17

Eff. June 1, 1981; 

### 18

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

### 19

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

### 20

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

### 21

effective, whichever is sooner; 

### 22

Amended Eff. ; January 2, 2011; September 1, 2010; May 1, 2008; July 28, 2006; July 

### 23

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

### 24

25 Comment [A3]: Please include the revisions for “major source baseline date,” minor source baseline

date” and “baseline area” relevant to PM2.5

increments.

Comment [A4]: Suggested language.