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 .0544 - PREVENTION OF SIGNIFICANT DETERIORATION REQUIREMENTS FOR GREENHOUSE GASES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of this Rule is to implement
				  a program for the prevention of significant deterioration of air quality for
				  greenhouse gases 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). For purposes
				  of greenhouse gases, the provisions of this Rule shall apply rather than the
				  provisions in
				  15A NCAC
				  02D .0530. For all other regulated new source
				  review (NSR) pollutants, the provisions in
				  15A NCAC
				  02D .0530 shall apply. A major stationary
				  source or major modification shall not be required to obtain a prevention of
				  significant deterioration (PSD) permit on the sole basis of its greenhouse
				  gases emissions.
(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 definition of "baseline actual emissions." "Baseline actual emissions"
				  means the rate of emissions, in tons per year, of a regulated NSR pollutant, as
				  determined in accordance with Subparagraphs (1) through (3) of this Paragraph:
(1) For an existing emissions unit, baseline
				  actual emissions means the average rate, in tons per year, at which the
				  emissions unit emitted the pollutant during any consecutive 24-month period
				  selected by the owner or operator within the 5-year period 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 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 shall apply:
(A) The average rate shall include fugitive
				  emissions to the extent quantifiable, and emissions associated with startups,
				  shutdowns, and malfunctions;
(B)
				  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;
(C) 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
				  shall 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;
(D) 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;
(E) 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 each regulated NSR pollutant; and
(F) 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 Parts (B) and (C) of this Subparagraph;