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Section 328 of the Clean Air Act (42 U.S.C. 7401, et seq.) as amended by Public Law 101-549.
57 FR 40806, Sept. 4, 1992, unless otherwise noted.
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(a) Prior to performing any physical change or change in method of operation that results in an increase in emissions, and not more than 18 months prior to submitting an application for a preconstruction permit, the applicant shall submit a Notice of Intent (“NOI”) to the Administrator through the EPA Regional Office, and at the same time shall submit copies of the NOI to the air pollution control agencies of the NOA and onshore areas adjacent to the NOA. This section applies only to sources located within 25 miles of States' seaward boundaries.
(b) The NOI shall include the following:
(1) General company information, including company name and address, owner's name and agent, and facility site contact.
(2) Facility description in terms of the proposed process and products, including identification by Standard Industrial Classification Code.
(3) Estimate of the proposed project's potential emissions of any air pollutant, expressed in total tons per year and in such other terms as may be necessary to determine the applicability of requirements of this part. Potential emissions for the project must include all vessel emissions associated with the proposed project in accordance with the definition of potential emissions in § 55.2 of this part.
(4) Description of all emissions points including associated vessels.
(5) Estimate of quantity and type of fuels and raw materials to be used.
(6) Description of proposed air pollution control equipment.
(7) Proposed limitations on source operations or any work practice standards affecting emissions.
(8) Other information affecting emissions, including, where applicable, information related to stack parameters (including height, diameter, and plume temperature), flow rates, and equipment and facility dimensions.
(9) Such other information as may be necessary to determine the applicability of onshore requirements.
(10) Such other information as may be necessary to determine the source's impact in onshore areas.
(c) Exploratory sources and modifications to existing sources with designated COAs shall be exempt from the requirement in paragraph (b)(10) of this section.
(d) The scope and contents of the NOI shall in no way limit the scope and contents of the required permit application or applicable requirements given in this part.