15A NCAC 02Q .0516. SIGNIFICANT PERMIT MODIFICATION

(a)  The procedures set out in this Rule shall be used for applications requesting permit modifications under this Rule or permit modifications that do not qualify for Rule .0514, .0515, .0523, or .0524 of this Section.

(b)  Significant modifications include modifications that:

(1)           involve a significant change in existing monitoring permit terms or conditions or relax any reporting or recordkeeping permit terms or conditions;

(2)           require or change a case‑by‑case determination of an emissions limitation or other standard, or a source‑specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(3)           seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject; or

(4)           are modifications under any provision of 15A NCAC 2D or 2Q or Title I of the federal Clean Air Act not processed under Rule .0514, .0515, .0523, or .0524 of this Section.

(c)  An application for a significant permit modification that would contravene or conflict with the existing permit shall be processed following the procedure set out in Rule .0501(d) of this Section.

(d)  An application for a significant permit modification that does not contravene or conflict with the existing permit shall be processed following the procedure set out in Rule .0501(c) of this Section.

(e)  This Rule shall not preclude the permittee from making changes consistent with this Section that would render existing permit compliance terms and conditions irrelevant.

(f)  Except for the State‑enforceable only portion of the permit, the procedures set out in Rule .0507, .0521, or .0522 of this Section shall be followed to revise a permit under this Rule.  If the State‑enforceable only portion of the permit is revised, the procedures in Section .0300 of this Subchapter shall be followed.  The proceedings shall affect only those parts of the permit related to the significant modification.

(h)  Significant permit modifications shall be covered under the permit shield in accordance with Rule .0512 of this Section.

 

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.