North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0300 - CONSTRUCTION AND OPERATION PERMITS › Section 02Q .0312 - APPLICATION PROCESSING SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division shall adhere to the following schedule for processing applications
				  for permits, permit modifications, and permit renewals:
(1) for permit applications, except for
				  prevention of significant deterioration pursuant to
				  15A NCAC
				  02D .0530 and case-by-case maximum achievable
				  control technology pursuant to
				  15A NCAC
				  02D .1109 or
				  02D .1112:
(A) The Division shall send written
				  acknowledgment of receipt of the permit application to the applicant within 10
				  days of receipt of the application.
(B) The Division shall review all permit
				  applications within 45 days of receipt of the application to determine whether
				  the application is complete or incomplete for processing purposes. The Division
				  shall notify the applicant in writing that:
(i) the application as submitted is complete
				  and specifying the completeness date,
(ii) the application is incomplete,
				  requesting additional information and specifying the deadline date by which the
				  requested information is to be received by the Division, or
(iii) the application is incomplete and
				  requesting that the applicant rewrite and resubmit the application.
If the Division does not notify the applicant in writing
					 within 45 days of receipt of the application that the application is
					 incomplete, the application shall be deemed complete. A completeness
					 determination shall not prevent the Director from requesting additional
					 information at a later date if such information is necessary to properly
					 evaluate the source, its air pollution abatement equipment, or the facility. If
					 the applicant has not provided the requested additional information by the date
					 specified in a written request for additional information, the Director shall
					 cease processing the application until additional information is provided. The
					 applicant may request a time extension for submittal of the requested
					 additional information.
(C) The Division shall determine within 45
				  days of receipt of a complete application if any additional information is
				  needed to conduct the technical review of the application. A technical
				  completeness determination shall not prevent the Director from requesting
				  additional information at a later date if such information is necessary to
				  properly evaluate the source, its air pollution abatement equipment, or the
				  facility. The Division shall complete the technical review within 90 days of
				  receipt of a complete application or 10 days after receipt of requested
				  additional information, whichever is later.
(D) If the draft permit is not required to go
				  to public notice or to public hearing, the Director shall issue or deny the
				  permit within 90 days of receipt of a complete application or 10 days after
				  receipt of requested additional information, whichever is later.
(E) If the draft permit is required to go to
				  public notice with a request for opportunity for public hearing pursuant to
				  15A NCAC
				  02Q .0306(a), the Director
				  shall:
(i) send the draft permit to public
				  notice within 90 days after receipt of a complete application; and
(ii) complete the review of the record and
				  take final action on the permit within 30 days after the close of the public
				  comment period.
(F) If
				  the draft permit is required to go to public hearing as a result of a request
				  for public hearing pursuant to
				  15A NCAC
				  02Q .0307(e), the Director
				  shall:
(i) send the draft permit to public
				  hearing within 45 days after approving the request for the public hearing;
				  and
(ii) complete the review of the
				  record and take final action on the permit within 30 days after the close of
				  the public hearing.