15A NCAC 02B .0407 GUIDANCE FOR DETERMINING A NEW SOURCE
(a) A source should be considered a new source by the Director provided on the date of publication of any applicable new source performance standard there has not been any:
(1) significant site preparation work, such as major clearing or excavation; or
(2) placement, assembly, or installation of unique facilities or equipment at the premises where such facilities or equipment will be used; or
(3) contractual obligation to purchase such unique facilities or equipment; Facilities and equipment shall include only the major items listed below, provided that the value of such items represents a substantial commitment to construct the facility:
(A) structures, or
(B) structural materials, or
(C) machinery, or
(D) process equipment, or
(E) construction equipment.
(4) contractual obligation with a firm to design, engineer and erect a completed facility (i.e., a turnkey plant).
(b) A modification to an existing source will be considered a new source if the alteration is of such magnitude to, in effect, create a new facility. In making such a determination, the Director shall find that the permit modification procedures are not appropriate and shall consider, among other relevant factors, whether as a result of the alteration, the source can reasonably achieve the standard of performance. Only those portions of a facility determined to be a new source shall be required to achieve new source performance standards.
History Note: Authority G.S. 143‑215; 143‑215.1; 143‑215.3(a)(1), (4);
Eff. December 1, 1976.