15A NCAC 02Q .0501. PURPOSE OF SECTION AND REQUIREMENT FOR A PERMIT

(a)  The purpose of this Section is to establish an air quality permitting program as required under Title V and 40 CFR Part 70.

(b)  The procedures and requirements under this Section do not apply until EPA approves this Section.

(c)  With the exception in Paragraph (d) of this Rule, the owner or operator of an existing facility, new facility, or modification of an existing facility (except for minor modifications under Rule .0515 of this Section), including significant modifications that would not contravene or conflict with a condition in the existing permit, subject to the requirements of this Section shall not begin construction without first obtaining:

(1)           a construction and operation permit following the procedures under this Section (except for Rule .0504), or

(2)           a construction and operation permit following the procedures under Rule .0504 and filing a complete application within 12 months after commencing operation to modify the construction and operation permit to meet the requirements of this Section.

(d)  If the permittee proposes to make a significant modification under Rule .0516 of this Section that would contravene or conflict with a condition in the existing permit, he shall not begin construction or make the modification until he has obtained:

(1)           a construction and operation permit following the procedures under this Section (except for Rule .0504 of this Section); or

(2)           a construction and operation permit following the procedures under Rule .0504 of this Section and, before beginning operation, files an application and obtains a permit modifying the construction and operation permit to meet the requirements of this Section (except for Rule .0504 of this Section).

(e)  All facilities subject to this Section must have a permit to operate that assures compliance with 40 CFR Part 70 and all applicable requirements.

(f)  Except as allowed under Rule .0515 (minor modifications) of this Section, no facility subject to the requirements of this Section may operate after the time that it is required to submit a timely and complete application under this Section except in compliance with a permit issued under this Section. This Paragraph does not apply to initial submittals under Rule .0506 of this Section or to permit renewals under Rule .0513 of this Section.

(g)  If the conditions of Rule .0512(b) (application shield) of this Section are met, the facility's failure to have a permit under this Section shall not be a violation.

(h)  If the owner or operator of a facility subject to the requirements of this Section submits an application for a revision to his permit before receiving the initial permit under this Section, the application for the revision shall be processed under Section .0300 of this Subchapter.

(i)  The owner or operator of a facility or source subject to the requirements of this Section may also be subject to the toxic air pollutant procedures under 15A NCAC 2Q .0700.

(j)  The owner or operator of an affected unit subject to the acid rain program requirements of Title IV is also subject to the procedures under Section .0400 of this Subchapter.

(k)  The owner or operator of a facility subject to the requirements of this Section shall pay permit fees in accordance with the requirements of Section .0200 of this Subchapter.

 

History Note:        Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10); 143‑215.108;

Eff. July 1, 1994;

Amended Eff. July 1, 1998; July 1, 1996.