Current through 2024-38, September 18, 2024
A.
Applicability
Part 70 Minor License Modification procedures may be used
only for those license changes that:
(1) Do not violate any Applicable requirement
or state requirement;
(2) Do not
involve significant changes to existing monitoring, reporting, or recordkeeping
requirements in the license;
(3) Do
not require or change a case-by-case determination of an emission limitation or
other standard, or a source-specific determination for temporary sources of
ambient impacts or visibility or increment analyses;
(4) Do not seek to establish or change a Part
70 license term or condition for which there is no corresponding underlying
Applicable requirement, and that the source has assumed to avoid an Applicable
requirement to which the source would otherwise be subject. Such terms and
conditions include:
(a) A federally
enforceable emissions cap assumed to avoid classification as a modification or
reconstruction under CAA Section 112, or as a CAA Title I Modification;
and
(b) An alternative emissions
limit approved pursuant to regulations promulgated under CAA Section
112(i)(5);
(5) Are not a
modification or reconstruction under CAA Sections 111 or 112, or a CAA Title I
Modification; and
(6) Are not
required by the Department to be processed as a Part 70 Significant License
Modification.
Notwithstanding (1) through (6) above, Part 70 Minor License
Modification procedures may be used for license modifications involving the use
of economic incentives, marketable licenses, intrafacility emission trading,
and other similar approaches, to the extent that such Part 70 Minor License
Modification procedures are explicitly provided for in an applicable
implementation plan or in Applicable requirements promulgated by EPA.
B.
Schedule
(1) The applicant may
request a Part 70 Minor License Modification at any time during the term of a
Part 70 license.
(2) The Department
may approve, but may not issue a final Part 70 Minor License Modification until
after EPA's 45-day review period or until EPA has notified the Department that
EPA will not object to issuance, whichever is first. Within 90 days of the
Department's receipt of an application for a Part 70 Minor License Modification
or 15 days after the end of the EPA's 45-day review period, whichever is later,
the Department will:
(a) Issue the Part 70
Minor License Modification as proposed;
(b) Deny the Part 70 Minor License
Modification application;
(c)
Determine that the requested Part 70 Minor License Modification does not meet
the Part 70 Minor License Modification criteria; or
(d) Revise the draft license and transmit to
the EPA the new proposed Part 70 Minor License Modification.
(3) The source may make the
changes proposed in its Part 70 Minor License Modification application
immediately after it files an application only if such application includes the
suggested draft of subsection 9(D)(3) of this Chapter. After the source makes
the change allowed by the preceding sentence and until the Department takes any
of the actions specified in this section, the source must comply with both the
Applicable requirements governing the change and the suggested draft license
terms and conditions. During this time period, the source need not comply with
the existing license terms and conditions it seeks to modify.
However, if the source fails to comply with its proposed
license terms and conditions during this time period, the existing license
terms and conditions it seeks to modify may be enforced against it.
C.
Application
Notification
(1) No application
notification is required for the processing of a Part 70 Minor License
Modification.
(2) A copy of the
application shall be submitted by the source to EPA Region I and affected
states.
D.
Required Application Information
For sources applying for a Part 70 Minor License
Modification, the applicant shall submit the following information:
(1) The application form as specified in
subsection 2(B) of this Chapter that contains the applicable required
information;
(2) A description of
the change, the emissions resulting from the change, and any new Applicable
requirements and state requirements that will apply if the change
occurs;
(3) Certification by a
responsible official pursuant to subsection 2(C) of this Chapter that the
proposed modification meets the criteria for use of Part 70 Minor License
Modification procedures and a request that such procedures be used;
and
(4) A suggested draft license
if the source wishes to make the changes proposed in its Part 70 Minor License
Modification application immediately after it files the application.
E.
License Content
A Part 70 Minor License Modification will contain the
following:
(1) A description of the
change and the reason for the request;
(2) Terms and conditions that will assure
compliance with all Applicable requirements and state requirements pertaining
to the change; and
(3) Specific
designation as state-enforceable, any terms and conditions included in the Part
70 license that are not required or federally enforceable under the CAA or
under any of its Applicable requirements.
The permit shield, as specified in subsection 2(I) does not
apply to the terms and conditions of the Part 70 Minor License
Modification.
F.
Criteria for License Approval
The Part 70 Minor License Modification will be granted if the
Department determines that the change meets the applicability criteria
specified above in subsection 9(A) of this Chapter and will not violate any
Applicable requirement or state requirement of the Part 70 source.
The Part 70 license will specifically designate as
state-enforceable, any terms and conditions included in the Part 70 license
that are not required or federally enforceable under the CAA or under any of
its Applicable requirements.
G.
Draft Notification
(1) The applicant shall provide a copy of the
suggested draft license to the affected states and to the EPA within five days
of submitting the application to the Department, if the source wishes to make
the changes proposed in its Part 70 Minor License Modification application
immediately after it files the application.
(2) For Part 70 Minor License Modifications,
the Department will provide a copy of the Part 70 draft proposed license to the
affected states for a 30-day comment period as specified for in subsection 2(K)
of this Chapter, as applicable, for affected states' review.
(3) EPA will have a review period of 45 days
on the Part 70 draft/proposed license as described in subsection 2(L) of this
Chapter or until EPA has notified the Department that EPA will not object to
the issuance, whichever is first. This period may run concurrently with the
comment period in subsection 9(G)(2) above unless the Department receives
comments from the public or affected states that lead the Department to make
substantive changes to the draft/proposed license. In which case, the 45-day
review period for EPA resets and begins anew upon resubmittal of the proposed
license.
