Current through November 25, 2023
If a permittee makes any modifications to a nutrient
management plan previously submitted to the Director, the permittee shall
notify the Director of the changes. If the changes to the nutrient management
plan qualify as a major modification of a construction and operating permit, as
defined in Chapter 1 028, the permittee shall submit
an application in accordance
005.01
with Chapter 4 of this Title. When the changes do not constitute a major
modification, the following procedures apply: The CAFO owner or operator shall
provide the Director, if requested, with the most current version of the CAFO's
nutrient management plan and identify changes from the previous version, except
that the results of calculations made in accordance with the requirements of
paragraphs 003.01A5 and
004.02 of this Chapter are not considered changes to
the nutrient management plan.
005.02 The Director shall review the revised
nutrient management plan to ensure that it meets the requirements of this
Chapter and applicable effluent limitations and standards and shall determine
whether the changes to the nutrient management plan necessitate revision to the
permit terms of the nutrient management plan incorporated into the permit
issued to the CAFO. If revision to the permit terms for the nutrient management
plan is not necessary, the Director shall notify the CAFO owner or operator and
upon such notification the CAFO may implement the revised nutrient management
plan. If revision to the permit terms for the nutrient management plan is
necessary, the Director shall determine whether such changes are substantial
changes as described in paragraph 005.03 below.
005.02A If the Director determines that the
changes to the permit terms for the nutrient management plan are not
substantial, the Director shall make the revised nutrient management plan
publicly available and include it in the permit record, revise the permit terms
for the nutrient management plan incorporated into the permit, and notify the
owner or operator and inform the public of any changes to the permit terms of
the nutrient management plan that are incorporated into the permit.
005.02B If the Director determines that the
changes to the permit terms for the nutrient management plan are substantial,
the Director shall notify the public and make the proposed changes and the
information submitted by the CAFO owner or operator available for public review
and comment. The process for public comments, hearing requests, and the hearing
process if a hearing is held shall follow the procedures applicable to draft
permits set forth in Title 119. The Director may establish, in the CAFO's
permit, an appropriate period of time for the public to comment and request a
hearing on the proposed changes that differs from the time period specified in
Title 119. The Director shall respond to all significant comments received
during the comment period and require the CAFO owner or operator to further
revise the nutrient management plan if necessary, in order to approve the
revision to the permit terms of the nutrient management plan incorporated into
the CAFO's permit. Once the Director incorporates the revised permit terms of
the nutrient management plan into the permit, the Director shall notify the
owner or operator and inform the public of the final decision concerning
revisions to the terms and conditions of the permit. Substantial changes to the
terms of a nutrient management plan incorporated as terms and conditions of a
permit include, but are not limited to:
005.03 Substantial changes to the terms of a
nutrient management plan incorporated as terms and conditions of a permit
include, but are not limited to:
005.03A
Addition of new land application areas not previously included in the CAFO's
nutrient management plan. Except that if the land application area that is
being added to the nutrient management plan is covered by terms of a nutrient
management plan incorporated into an existing NPDES permit in accordance with
the requirements of section 003 of this Chapter, and
the CAFO owner or operator applies manure, litter, or process wastewater on the
newly added land application area in accordance with the existing
field-specific permit terms applicable to the newly added land application
area, such addition of new land would be a change to the new CAFO owner or
operator's nutrient management plan but not a substantial change for purposes
of this section;
005.03B Any
changes to the field-specific maximum annual rates for land application, as set
forth in section 003.01 of this Chapter, and to the
maximum amounts of nitrogen or phosphorus derived from all sources for each
crop, as set forth in section 003.02 of this
Chapter;
005.03C Addition of any
crop or other uses not included in the terms of the CAFO's nutrient management
plan and corresponding field-specific rates of application expressed in
accordance with section 003 of this Chapter;
and
005.03D Changes to
site-specific components of the CAFO's nutrient management plan, where such
changes are likely to increase the risk of nitrogen and phosphorus transport to
waters of the State.
