8 CAR § 42-605. General permits

(a)(1) The Division of Environmental Quality may, after notice and opportunity for public participation provided under Subpart 5 of this part, issue a general permit covering numerous similar sources. (2) Any general permit shall comply with all requirements applicable to other part 70 permits and shall identify criteria by which sources may qualify for the general permit. (3) To sources that qualify, the division shall grant the conditions and terms of the general permit. (4) Notwithstanding the permit shield provisions of this section, the source shall be subject to enforcement action for operation without a part 70 permit if the source is later determined not to qualify for the conditions and terms of the general permit. (5) General permits shall not be authorized for acid rain sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act. (b)(1) Part 70 sources that would qualify for a general permit must apply to the division for coverage under the terms of the general permit or must apply for a part 70 permit consistent with Subpart 3 of this part. (2) The division may, in the general permit, provide for applications which deviate from the requirements of Subpart 3 of this part, provided that such applications meet the requirements of Title V of the Act, and include all information necessary to determine qualification for, and to assure compliance with, the general permit. (3) Without repeating the public participation procedures, the division may grant a source's request for authorization to operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.