(a)  No person shall construct or operate an oil refining facility unless and until such person applies for and obtains an oil refining facility permit under these Rules.  However, any person who is operating an oil refining facility on the effective date of these Rules and who applies for an oil refining facility permit within 60 days of the effective date of these Rules, unless that time is extended by the Assistant Secretary pursuant to Rule .0013 of this Subchapter, may continue to operate without a permit until a final agency decision to issue or deny the permit is made and until judicial review, if any, of that decision is completed.

(b)  The director shall determine upon request or upon his own initiative whether a proposed enlargement or process change is substantial.  In making that determination, he shall consider relevant factors including, but not limited to:

(1)           the number of employees which the enlargement or process change will add to the facility's permanent work force; and

(2)           the character and volume of the changes which will or may occur in the facility's process, products, by‑products, discharges, and emissions; and

(3)           the change in oil refining capacity which the facility will be designed to handle after its enlargement or process change.


History Note:        Authority G.S. 143‑215.100; 143‑215.101; 143B‑10;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.