Current through Register Vol. 39, No. 6, September 16, 2024
(a) An
application for a permit shall be in writing and shall be transmitted to the
Secretary at the following address:
Secretary's Office
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
(b) An application shall be made by and in
the names of all persons who will be owners or operators of a proposed oil
refining facility or who are owners or operators of an existing
facility.
(c) To apply for an oil
refining facility permit, a person or persons shall submit to the Secretary an
application which shall contain:
(1) a cover
sheet shall not exceed one page and shall include:
(A) the title, APPLICATION FOR PERMIT TO
CONSTRUCT OR OPERATE AN OIL REFINING FACILITY;
(B) a short statement of the activity for
which the permit is sought and the name and location of the oil refining
facility involved;
(C) the complete
name, address, and telephone number of each applicant;
(D) the date of the application;
(E) the name, address, and telephone number
of the employee or agent of the applicant who can supply further information;
and
(F) an abstract of the
assessment of the effects which the construction or operation of the oil
refining facility will have on the environment;
(2) a table of contents;
(3) a description of the proposed or existing
oil refining facility, including a description of the following aspects of the
facility's operation:
(A) kind of refining
process;
(B) refining
capacity;
(C) kind, character, and
volume of raw materials, and the source(s) of their supply;
(D) kind, character, and volume of
products;
(E) kind, character, and
volume of by-products;
(F) kind,
character, and volume of effluent discharges to waters or lands of the
State;
(G) kind, character, and
volume of emissions to air;
(H)
number of persons in the facility's permanent work force; and
(I) cost of construction of the
facility;
(4) if
construction is involved, a description of the construction process and the
applicant's estimate of the timetable for that process;
(5) an electronic copy or two sets of paper
copies of the most current reports, drawings, maps, plans, and specifications
describing the location, construction, and operation of the oil refining
facility;
(6) a description of the
transfer of oil to and from the oil refining facility, including a statement of
the amount and kind of vessel traffic which the facility's operation does or
will generate;
(7) an electronic
copy or two sets of paper copies of the most current reports, drawings, maps,
plans, specifications, and other information describing the transfer of oil,
including vessel characteristics and ownership, vessel navigation to and from
the facility, oil loading equipment, and pipelines, in such detail as the
Secretary deems necessary to decide to issue or deny the permit;
(8) upon request of the Secretary, a listing
of the environmental or health impacts which interested or affected persons or
their representatives have indicated are of concern to them. To prepare such a
listing, the applicant shall:
(A) inform about
the facility those persons whom the facility will or may interest or affect,
including those living within one mile of any part of the facility;
and
(B) ascertain the nature of
their concerns about the effects of the facility and their suggestions for
meeting those concerns. The applicant may coordinate efforts in this regard
with similar efforts required by other statutes or regulations, federal or
state, so as to reduce duplication of effort;
(9) a list of all federal, state, and local
permits or approvals related to protection of the environment or environmental
resources that the applicant shall obtain for construction or operation of the
oil refining facility, the date on which each application was submitted, a copy
of each filed application, and a copy of each permit or approval showing that
it has been issued;
(10) an
analysis of the effects that construction or operation of the facility,
including the transfer of oil to and from the facility, will or may have on the
environment;
(11) the applicant's
proposals for avoiding or minimizing the adverse effects of the construction
and operation of the oil refining facility and the transfer of oil to and from
the facility on the environment. The applicant's proposals shall include:
(A) a description of the procedures, methods,
means, and equipment, including those relating to vessel navigation and design,
which the applicant will use to prevent any discharges to the waters or lands
of the State;
(B) a description of
the procedures, methods, means, and equipment by which the applicant will
detect and report discharges;
(C) a
description of the procedures, methods, means, and equipment which the
applicant will use in the containment, removal, and cleaning up of discharges
and in the restoration of any lands or waters affected by a discharge;
and
(D) a description and copies of
any spill prevention and emergency response plans required under federal,
State, or local laws and regulations;
(12) a list of the names of the persons who
were primarily responsible for preparing the application or any part thereof,
together with their qualifications, including their expertise, experience,
professional disciplines, and licenses. The persons who were responsible for a
particular analysis shall be identified;
(13) a statement and explanation by the
applicant whether the proposed construction or operation of the oil refining
facility is subject to Article 1 of G.S. Chapter 113A, the North Carolina
Environmental Policy Act.
(d) The Secretary shall determine the
adequacy and completeness of the submitted application based on compliance with
the requirements in Paragraph (c) and Paragraph (e) of this Rule.
(e) The applicant shall supply such other
information as the Secretary deems necessary to impose appropriate terms and
conditions in the permit and to determine appropriate protective measures to
prevent oil discharges to the lands and waters of the State according to the
schedule provided by the Secretary.
