15A NCAC 01E .0104. PERMIT APPLICATION REQUIREMENTS

(a)  An application for a permit shall be in writing and shall be transmitted to the director at the following address:

Director, Division of Environmental Management

North Carolina Department of Environment, Health,

and Natural Resources

P.O. Box 27687

Raleigh, North Carolina  27611

(b)  An application shall be made by and in the names of all persons who will be owners or operators of a proposed oil refining facility or who are owners or operators of an existing facility.

(c)  To apply for an oil refining facility permit, a person or persons shall submit to the director an application which shall contain all of the following 16 elements:

(1)           A cover sheet, which shall not exceed one page and which shall include:

(A)           the title, APPLICATION FOR PERMIT TO CONSTRUCT OR OPERATE AN OIL REFINING FACILITY; and

(B)           a short statement of the activity for which the permit is sought (i.e., construction and operation, operation, enlargement and operation, or process change and operation) and the name and location of the oil refining facility involved; and

(C)           the complete name, address, and telephone number of each applicant; and

(D)           the date of the application; and

(E)            the name, address, and telephone number of the employee or agent of the applicant who can supply further information; and

(F)            an abstract of the assessment of the effects which the construction or operation of the oil refining facility will have on the environ­ment.

(2)           A table of contents.

(3)           A description of each applicant's interest in the ownership or role in the operation of the oil refining facility.

(4)           A description of each applicant's experience in the engineering, design, construction, and operation of oil refining facilities.

(5)           A description of any civil or criminal penalty assessment, any criminal conviction, or any prior or pending civil litigation or administrative proceeding relating to environmental activities or related to the applicant's financial condition.

(A)           which arose out of the construction or operation of an oil refining facility by the applicant or by a person holding a substantial interest in the applicant; and

(B)           which involves alleged violations by the applicant or interest holder of federal or any state's laws concerning the environment.

(6)           A description of each applicant's financial condition.

(7)           A description of the proposed or existing oil refining facility, including but not limited to a description of the following aspects of the facility's operation:

(A)           kind of refining process;

(B)           refining capacity;

(C)           kind, character, and volume of raw materials, and the source(s) of their supply;

(D)           kind, character, and volume of products;

(E)            kind, character, and volume of by‑products;

(F)            kind, character, and volume of effluent discharges to waters or lands of the State;

(G)           kind, character, and volume of emissions to air;

(H)           number of persons in the facility's permanent work force; and

(I)             cost of construction of the facility.

(8)           If construction is involved, a description of the construction process and the applicant's estimate of the timetable for that process.

(9)           Two sets of most current reports, drawings, maps, plans, and specifications concerning the location, construction, and operation of the oil refining facility, in such detail as the Assistant Secretary deems necessary to decide to issue or deny the permit.

(10)         A description of the transfer of oil to and from the oil refining facility, including but not limited to a statement of the amount and kind of vessel traffic which the facility's operation does or will generate.

(11)         Two sets of the most current reports, drawings, maps, plans, specifications, and other information concerning the transfer of oil (including but not limited to vessel characteristics and ownership, vessel navigation to and from the facility, oil loading equipment, and pipelines) in such detail as the Assistant Secretary deems necessary to decide to issue or deny the permit.

(12)         A listing of the effects which interested or affected persons have indicated are of substantial concern to them and which the oil refining facility will or may have on the environment.

(A)           To prepare such a listing, the applicant shall make diligent efforts:

(i)            to inform about the facility those persons whom the facility will or may interest or affect; and

(ii)           to discover their concerns about the effects of the facility and their suggestions for meeting those concerns.

The applicant may coordinate his efforts in this regard with similar efforts required of him by other statutes or regulations, federal or state, so as to reduce duplication of effort.

(B)           In the case of an initial permit application for an oil refining facility which is operating on the effective date of these Rules, this Subparagraph (12) of the application will not be required.

(13)         A list of state and federal environmental quality permits for which the applicant has applied or will apply, the date on which each application was or is expected to be submitted to the appropriate authority, and the current status of each application or permit.

(14)         An analysis of the effects which construction or operation of the facility, including but not limited to the transfer of oil to and from the facility; will or may have on the environment.

(A)           The applicant shall include in such analysis a description of the environment as it exists at the time the application is filed.

(B)           The applicant shall address in such analysis the relationship of people with the specified parts of the natural and physical environ­ment.  Therefore, if the construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will or may have a primary effect on the environment, the applicant shall address the secondary effects on public health, safety, and welfare which will or may result from those primary effects.  Those secondary effects shall include but not be limited to social, economic, aesthetic, historic, and cultural effects.

(15)         The applicant's proposals for avoiding or minimizing the adverse effects of the construction and operation of the oil refining facility and the transfer of oil to and from the facility on the environment and proposals for enhancing the quality of the environment.  The applicant's proposals shall include but not be limited to:

(A)           a description of the procedures, methods, means, and equipment, including but not limited to those relating to vessel navigation and design, which the applicant will use to prevent any discharges to the waters or lands of the State; and

(B)           a description of the procedures, methods, means, and equipment by which the applicant will detect and report discharges; and

(C)           a description of the procedures, methods, means, and equipment which the applicant will use in the containment, removal, and cleaning up of discharges and in the restoration of any lands or waters affected by a discharge.

(16)         A list of the names of the persons who were primarily responsible for preparing the application or any part thereof, together with their qualifications, including but not limited to their expertise, experience, and professional disciplines.  Where possible, the persons who were responsible for a particular analysis shall be identified.

(d)  In fulfillment or partial fulfillment of any requirement of Paragraph (c) of this Rule, the applicant may adopt an oil refining facility permit application or portion thereof which any applicant has previously filed.  The adopted application or portion thereof must meet the standards for an adequate and complete application under these Rules.

(e)  The director shall determine the adequacy and completeness of the submitted application.

(f)  The applicant shall supply such other information as the director deems necessary to decide to issue or deny the permit.

 

History Note:        Authority G.S. 143‑215.84; 143‑215.101; 143‑215.102;

Eff. June 16, 1980;

Amended Eff. March 1, 1990; August 1, 1988; October 1, 1984.