North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter D - AIR POLLUTION CONTROL REQUIREMENTS › Section .0500 - EMISSION CONTROL STANDARDS › Section 02D .0531 - SOURCES IN NONATTAINMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The purpose of this Rule is to implement a program for new source review in
				  nonattainment areas as required by
				  40 CFR
				  51.165. The definitions contained in
				  40 CFR
				  51.165(a)(1) and
				  40 CFR 51.301 shall apply, except
				  for the following:
(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 as follows:
(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 five 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 apply:
(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 in Title
				  40 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 can be used for
				  each regulated NSR pollutant; and
(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;