Current through Register Vol. 48, No. 38, September 20, 2024
a) For
Class 2 modifications, listed in Appendix A, the permittee must submit a
modification request to the Agency that does the following:
1) Describes the exact change to be made to
the permit conditions and supporting documents referenced by the
permit;
2) Identifies that the
modification is a Class 2 modification;
3) Explains why the modification is needed;
and
4) Provides the applicable
information required by Section
703.181
through
703.185,
703.201 through
703.207,
703.221
through
703.225,
and
703.230.
b) The permittee must send a
notice of the modification request to all persons on the facility mailing list
maintained by the Agency and to the appropriate units of State and local
government as specified in 35 Ill. Adm. Code
705.163(a)(5)
and must, to the extent practicable, publish this notice in a newspaper of
general circulation published in the County in which the facility is located.
If no such newspaper exists, the permittee must publish the notice in a
newspaper of general circulation in the vicinity of the facility. This notice
must be mailed and published within seven days before or after the date of
submission of the modification request, and the permittee must provide to the
Agency evidence of the mailing and publication. The notice must include:
1) Announcement of a 60-day comment period,
in accordance with subsection (e), and the name and address of an Agency
contact to whom comments must be sent;
2) Announcement of the date, time and place
for a public meeting held in accordance with subsection (d);
3) Name and telephone number of the
permittee's contact person;
4) Name
and telephone number of an Agency contact person;
5) Locations where copies of the modification
request and any supporting documents can be viewed and copied; and
6) The following statement: "The permittee's
compliance history during the life of the permit being modified is available
from the Agency contact person".
c) The permittee must place a copy of the
permit modification request and supporting documents in a location accessible
to the public in the vicinity of the permitted facility.
d) The permittee must hold a public meeting
no earlier than 15 days after the publication of the notice required in
subsection (b) and no later than 15 days before the close of the 60-day comment
period. The meeting must be held in the County in which the permitted facility
is located, unless it is impracticable to do so, in which case the hearing must
be held in the vicinity of the facility.
e) The public must be provided 60 days to
comment on the modification request. The comment period begins on the date that
the permittee publishes the notice in the local newspaper. Comments must be
submitted to the Agency contact identified in the public notice.
f) Agency Decision
1) No later than 90 days after receipt of the
notification request, the Agency must:
A)
Approve the modification request, with or without changes, and modify the
permit accordingly;
B) Deny the
request;
C) Determine that the
modification request must follow the procedures in Section
703.283 for
Class 3 modifications for either of the following reasons:
i) There is significant public concern about
the proposed modification; or
ii)
The complex nature of the change requires the more extensive procedures of
Class 3;
D) Approve the
request, with or without changes, as a temporary authorization having a term of
up to 180 days; or
E) Notify the
permittee that the Agency will decide on the request within the next 30
days.
2) If the Agency
notifies the permittee of a 30-day extension for a decision, the Agency must,
no later than 120 days after receipt of the modification request, do the
following:
A) Approve the modification
request, with or without changes, and modify the permit accordingly;
B) Deny the request;
C) Determine that the modification request
must follow the procedures in Section
703.283 for
Class 3 modifications for the following reasons:
i) There is significant public concern about
the proposed modification; or
ii)
The complex nature of the change requires the more extensive procedures of
Class 3; or
D) Approve
the request, with or without changes, as a temporary authorization having a
term of up to 180 days.
3) If the Agency fails to make one of the
decisions specified in subsection (f)(2) by the
120th day after receipt of the modification request,
the permittee is automatically authorized to conduct the activities described
in the modification request for up to 180 days, without formal Agency action.
The authorized activities must be conducted as described in the permit
modification request and must be in compliance with all appropriate standards
of 35 Ill. Adm. Code 725. If the Agency approves, with or without changes, or
denies the modification request during the term of the temporary or automatic
authorization provided for in subsections (f)(1), (f)(2), or (f)(3), such
action cancels the temporary or automatic authorization.
4) Notification by Permittee
A) In the case of an automatic authorization
under subsection (f)(3), or a temporary authorization under subsection
(f)(1)(D) or (f)(2)(D), if the Agency has not made a final approval or denial
of the modification request by the date 50 days prior to the end of the
temporary or automatic authorization, the permittee must, within seven days
after that time, send a notification to persons on the facility mailing list,
and make a reasonable effort to notify other persons who submitted written
comments on the modification request, that informs them as follows:
i) That the permittee has been authorized
temporarily to conduct the activities described in the permit modification
request; and
ii) That, unless the
Agency acts to give final approval or denial of the request by the end of the
authorization period, the permittee will receive authorization to conduct such
activities for the life of the permit.
B) If the owner or operator fails to notify
the public by the date specified in subsection (f)(4)(A), the effective date of
the permanent authorization will be deferred until 50 days after the owner or
operator notifies the public.
5) Except as provided in subsection (f)(7),
if the Agency does not finally approve or deny a modification request before
the end of the automatic or temporary authorization period or reclassify the
modification as a Class 3 modification, the permittee is authorized to conduct
the activities described in the permit modification request for the life of the
permit unless modified later under Section
703.270 or Section
703.280.
The activities authorized under this subsection must be conducted as described
in the permit modification request and must be in compliance with all
appropriate standards of 35 Ill. Adm. Code 725.
6) In making a decision to approve or deny a
modification request, including a decision to issue a temporary authorization
or to reclassify a modification as a Class 3, the Agency must consider all
written comments submitted to the Agency during the public comment period and
must respond in writing to all significant comments in the Agency's
decision.
7) With the written
consent of the permittee, the Agency may extend indefinitely or for a specified
period the time periods for final approval or denial of a modification request
or for reclassifying a modification as a Class 3.
g) The Agency must deny or change the terms
of a Class 2 permit modification request under subsections (f)(1) through
(f)(3) for the following reasons:
1) The
modification request is incomplete;
2) The requested modification does not comply
with the appropriate requirements of 35 Ill. Adm. Code 724 or other applicable
requirements; or
3) The conditions
of the modification fail to protect human health and the environment.
h) The permittee may perform any
construction associated with a Class 2 permit modification request beginning 60
days after the submission of the request unless the Agency establishes a later
date for commencing construction and informs the permittee in writing before
day 60.
BOARD NOTE: Derived from
40 CFR
270.42(b) (2017).
