(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.