GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 (a) Any legal requirement under the environmental laws shall 



2 be superseded and replaced by the terms and provisions of an 



3 approved EEPA to the extent that the EEPA provides alternative 



4 means to define and achieve compliance. Any facility that is the 



5 subject of an approved EEPA shall comply with the terms of the 



6 EEPA in lieu of the environmental laws that are superseded and 



7 replaced by the approved EEPA. Superseded and replaced legal 



8 requirements shall be clearly identified in the EEPA. In the 



9 event of termination of an EEPA for nonperformance under G.S. 



10 143-215. 115L, the Secretary (or director designated pursuant to 



11 G.S. 113A-244) shall require the sponsor to apply for a permit or 



12 approval to comply with such identified superseded and replaced 



13 legal requirements in accordance with the procedures of G.S. 



14 143-215. 115L. 



15 (b) Any permit that is affected by an approved EEPA shall be 



16 revised by the agency with jurisdiction over such permit in order 



17 to conform its terms to the pertinent provisions of the approved 



18 EEPA. Permit revisions shall be completed within 60 days after 



19 the effective date of the EEPA and shall comply with all 



20 applicable procedural requirements, including, where applicable, 



21 public notice, the opportunity to comment, and the opportunity 



22 for review and comment by federal agencies. 



2 3 (c) Other than as superseded or replaced as provided in an 



24 approved EEPA, any existing permit requirements remain in effect 



2 5 and are enforceable. 



26 " § 113A-252. Judicial review. 



2 7 The decision to approve or disapprove a proposed EEPA is at the 



28 discretion of the Secretary or a director designated pursuant to 



29 G.S. 113A-244. A decision to approve a proposed EEPA or to 



30 terminate or modify an approved EEPA is a final decision in a 



31 contested case and subject to judicial review pursuant to Article 



32 4 of Chapter 150B of the General Statutes. Any party seeking 



33 judicial review pursuant to this section shall be deemed to have 



34 exhausted all administrative remedies made available by statute 



35 or agency rule. To obtain judicial review pursuant to this 



36 section, any person seeking review shall file a petition in Wake 



37 County Superior Court or in the superior court of the county in 



38 which the facility subject to the EEPA is located. Any petition 



39 for review shall be filed with the clerk of superior court within 



40 30 days after the decision of the Secretary or a director 



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