North Carolina Administrative Code
Title 15A - Environmental Quality
Chapter 02 - ENVIRONMENTAL MANAGEMENT
Subchapter B - SURFACE WATER AND WETLAND STANDARDS
Section .0400 - EFFLUENT LIMITATIONS
Section 02B .0407 - GUIDANCE FOR DETERMINING A NEW SOURCE

Universal Citation: 15A NC Admin Code 02B .0407

Current through Register Vol. 39, No. 6, September 16, 2024

(a) A source shall be considered a new source by the Director if, on the date of publication of any applicable new source performance standard, construction has not commenced, as indicated by:

(1) significant site preparation work, such as major clearing or excavation;

(2) placement, assembly, or installation of facilities or equipment at the premises where such facilities or equipment will be used; except as provided in Paragraph (b) of this Rule;

(3) contractual obligation to purchase facilities or equipment whose value represents a substantial commitment to construct the facility, such as:
(A) structures;

(B) structural materials;

(C) machinery;

(D) process equipment; or

(E) construction equipment; or

(4) contractual obligation with a firm to design, engineer, and erect a completed facility (i.e., a turnkey plant).

(b) For the purposes of this Rule, the placement, assembly, or installation of facilities or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source does not indicate that construction has commenced.

(c) A modification to an existing source shall be considered a new source if the alteration is of such magnitude to, in effect, create a new facility. Only those portions of a facility determined to be a new source shall be required to achieve new source performance standards.

Authority G.S. 143-215; 143-215.1; 143-215.3(a)(1), (4);
Eff. December 1, 1976;
Readopted Eff. May 1, 2020.

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