(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.
(2) for permit applications for prevention of
significant deterioration pursuant to
15A NCAC
02D .0530, the processing schedules are set
out in that Rule.
(3) for permit
applications for 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 the letter requesting 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 60
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 120 days of
receipt of a complete application or 10 days after receipt of requested
additional information, whichever is later.
(D) The Director shall:
(i) send the draft permit to public notice
within 120 days after receipt of a complete application or 10 days after
receipt of requested additional information, whichever is later; 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.
(E) 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.
