15A NCAC 01D .0303 MATERIALLY FAVORABLE IMPACT TEST
In the case where the Secretary of ECD requests a project certification for a proposed water and/or air pollution control project, the Secretary of EHNR will apply the "materially favorable" test. If the Secretary determines that the project meets all relevant state emission control standards, water effluent limitations, pretreatment standards (if applicable), new source performance standards, and toxic substances emission effluent limitations, does not contravene any ambient air or water quality standard, and has no other materially adverse effect on the environment, the Secretary will certify that the project will have a materially favorable impact on the environment, or will prevent or diminish materially the impact of the pollution which would otherwise occur. Issuance to the operator of the proposed project of valid wastewater discharge, air pollution control, water withdrawal permits and any other major permits determined by the Secretary to be required for the project, or determination by EHNR that such permits would not be required for a specific operation, may be considered as compelling proof that the environmental impact of a project has been duly considered.
History Note: Authority G.S. 159C‑7;
Eff. June 16, 1977;
Amended Eff. March 1, 1990; July 1, 1988.