15A NCAC 02Q .0518      FINAL ACTION

(a)  The Director shall:

(1)           issue a permit, permit revision, or 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 shall not issue a final permit or permit revision, except administrative permit amendments pursuant to 15A NCAC 02Q .0514 and .0524, until 15 days after the end of EPA's 45-day review period or until EPA has notified the Director that EPA will not object to issuance of the permit or permit revision, 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 pursuant to 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 of 40 CFR 70.8(d).

(e)  No permit shall be issued, revised, or renewed pursuant to this Section unless all the procedures set out in this Section have been followed and all the requirements of this Section have been met. The Director shall not issue any permit, permit revision, or permit renewal pursuant to this Section by default.

(f)  Notwithstanding the application processing schedules set forth in 15A NCAC 02Q .0514, .0515, and .0524, the Division shall take final action on each permit application, including a request for permit modification or renewal, within 18 months of receipt of a complete application.

(g)  Thirty days after issuing a permit, including a permit issued pursuant to 15A NCAC 02Q .0509, 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://deq.nc.gov/about/divisions/air-quality. The notice shall include the name and address of the facility and the 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;

Readopted Eff. April 1, 2018;

Amended Eff. September 1, 2022.