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 .0530 - PREVENTION OF SIGNIFICANT DETERIORATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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. The minimum requirements described in
				  the portions of 40 CFR
				  51.166 are hereby adopted as requirements
				  under this Rule, except as otherwise provided in this Rule. Wherever the
				  language of the portions of 40 CFR 51.166 adopted in this Rule
				  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 adopted in this Rule provide that
				  the State plan may exempt or not apply certain requirements in certain
				  circumstances, those exemptions and provisions of non-applicability 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).
(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 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:
(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, if 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 may 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;