Current through Register Vol. 39, No. 6, September 16, 2024
(a)
Within 60 days of the last day for submitting public comments about the permit
application, or the last day on which the applicant provides additional
information requested by the Secretary to respond to public comments, the
Secretary shall issue or deny the permit for the oil refining
facility.
(b) In deciding to issue
or deny the permit, the Secretary shall consider:
(1) the permit application;
(2) the data, information, and comments which
have been submitted during the permit process; and
(3) other facts, information, or analyses
within the specialized knowledge of the Department.
The Secretary shall base the decision on the effects which
the construction or operation of the oil refining facility, including the
transfer of oil to and from the facility, will or may have on the
environment.
(c)
The Secretary shall deny the permit upon a finding that:
(1) The construction or operation of the oil
refining facility, including the transfer of oil to and from the facility, will
have substantial adverse effects on wildlife or on freshwater, estuarine, or
marine fisheries;
(2) The
construction or operation of the oil refining facility, including the transfer
of oil to and from the facility, will violate standards of air or water quality
promulgated or administered by the Environmental Management Commission;
or
(3) The construction or
operation of the oil refining facility, including the transfer of oil to and
from the facility, will have a substantial adverse effect on a publicly owned
park, forest, or recreation area.
(d) In the absence of a finding described in
Paragraph (c) of this Rule, the Secretary shall issue the permit.
(1) The Secretary shall impose on any permit
he issues the following terms and conditions:
(A) The permit shall not be effective until
the applicant has obtained all necessary environmental permits, including
without limitation, those permits required by Articles 21, 21A, and 21B of G.S.
Chapter 143, Article 9 of G.S. Chapter 130A, and Articles 4 and 7 of G.S.
Chapter 113A. When the necessary permits have been obtained by the applicant,
the Secretary upon the applicant's request shall confirm the effective date of
the oil refining facility permit.
(B) The applicant, on February 1 of each year
following the year in which the applicant's permit became effective, shall
submit to the Secretary a description of the following aspects of the
facility's operation as of that date:
(i) as
they are listed in Rule .0104(c)(3)(A), (B), (C), (D), (E), (F), (G), and (H)
of this Section; and
(ii) transfer
of oil to and from the facility, including a statement of the amount and kind
of vessel traffic which the facility's operation does or will
generate.
Authority
G.S.
143-215.1;
143-215.101;
143-215.108;
Eff.
June 16, 1980;
Amended Eff. October 1,
1984.
