15A NCAC 02Q .0518. FINAL ACTION

(a)  The Director may:

(1)           issue a permit, permit revision, or a renewal containing the conditions necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act;

(2)           rescind a permit upon request by the permittee; or

(3)           deny a permit application when necessary to carry out the purposes of G.S. 143, Article 21B and the federal Clean Air Act.

(b)  The Director may not issue a final permit or permit revision, except administrative permit amendments covered under Rule .0514 of this Section, until EPA's 45-day review period has expired or until EPA has notified the Director that EPA will not object to issuance of the permit or permit revision, whichever occurs first.  The Director shall issue the permit or permit revision within five days of receipt of notification from EPA that it will not object to issuance or of the expiration of EPA's 45-day review period, whichever occurs first.

(c)  If EPA objects to a proposed permit, the Director shall respond to EPA's objection within 90 days after receipt of EPA's objection.  The Director shall not issue a permit under this Section over EPA's objection.

(d)  If EPA does not object in writing to the issuance of a permit, any person may petition EPA to make such objections by following the procedures and meeting the requirements under 40 CFR 70.8(d).

(e)  No permit shall be issued, revised, or renewed under this Section unless all the procedures set out in this Section have been followed and all the requirements of this Section have been met.  Default issuance of a permit, permit revision, or permit renewal by the Director is prohibited.

(f)  Thirty days after issuing a permit, including a permit issued pursuant to Rule .0509 of this Section, that is not challenged by the applicant, the Director shall notice the issuance of the final permit.  The notice shall be issued on the North Carolina Division of Air Quality web site at http://www.ncair.org/permits/.  The notice shall include the name and address of the facility and permit number.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.107(a)(10); 143-215.108;

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

Eff. July 1, 1994;

Amended Eff. January 1, 2010; February 1, 1995.