(D) Modification of
permits. Permits may be modified at the request of the permittee, any
interested person or upon the director's
initiative. All requests shall be in writing and shall contain facts or reasons
supporting the request.
(1) Applications for
modifications of permits shall be made only on forms approved by Ohio EPA and
shall contain such information that Ohio EPA deems necessary. Such
an application or request shall contain
all of the following:
(a) A specific description of the relevant
provisions of the existing permit.
(b) The
precise changes requested. Approvable causes for permit modifications can be
found in
40
C.F.R. 122.62
.
(c) The reasons for the changes
requested.
(d) An
explanation demonstrating that the permit as modified will comply with
applicable state and federal statutes and regulations.
(2) If the director decides the request is
not justified, the director may send the requestor a brief written response
giving a reason for the decision. A modification at the request of a permittee
shall not be approved unless the director determines all of the following:
(a) That the permit as modified will comply
with all applicable state and federal statutes and regulations.
(b) That any of the following
occurred:
(i) The permit would have been
issued with the provisions contained in the proposed modifications if all
information presently available had been available at that time.
(ii) Valid cause for such revision exists
over which the permittee had little or no control.
(iii) A good faith modification in the nature
of the operation was made.
(c) That the regional administrator does not
object in writing to such modification within thirty days following receipt of
notice from the director.
(3) Minor modifications. With the consent of
the permittee, the director may modify a permit to make corrections or allow
for changes in the permitted activity listed in this paragraph, without meeting
the requirements of paragraphs (D)(1) and (D)(2) of this rule and without
following the procedures of rule
3745-33-10 of the Administrative
Code and 40 C.F.R. Part 124. Minor modifications may only
consist of any of the following:
(a) Correct typographical errors.
(b) Require more frequent monitoring by the
permittee.
(c)
Revise the months for which monitoring is required, if the monitoring frequency
and number of samples per year remain the same.
(d) Change a reporting code for a monitoring
parameter, if the associated concentration units are not less sensitive.
(e) Change the expiration of the permit to a
date that is not later than five years after the effective date of the permit.
The effective date is the date that the permit or most recent renewal became
effective.
(f)
Change an interim compliance date in a schedule of compliance, provided the new
date is not more than one hundred twenty days after the date specified in the
existing permit and does not interfere with the attainment of the final
compliance date requirement.
(g)
Change the construction schedule for a discharger that is a new source. No
change shall affect a discharger's obligation to have all pollution control
equipment installed and in operation prior to discharge.
(h) Delete a point source outfall when the
discharge from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except in accordance with permit limits.
(i) Incorporate conditions of a POTW
pretreatment program that has been approved in accordance with the procedures
in rule 3745-3-03 of the Administrative
Code (or a modification thereto that has been approved in accordance with the
procedures in rule
3745-3-03 of the Administrative
Code) as enforceable conditions of the POTW's program.
(j) Incorporate storm water pollution
prevention requirements.
(k)
Incorporate monitoring requirements and effluent limits
for the following pollutants in treatment additives when treatment additives
are approved under director's final findings and orders:
(ii)
Total residual oxidants.
(iii)
Total residual
chlorine.
(l)
Incorporate newly
discovered storm water outfalls at a facility, provided that both of the
following conditions are abided by:
(i)
The discharge shall be controlled as necessary to meet
applicable water quality standards.
(ii)
For new
discharges or new sources as defined in rule
3745-1-02 and rule
3745-1-05 of the Administrative
Code, the discharge cannot be to outstanding state waters, outstanding national
resource waters, or superior high quality waters, other than lake Erie, as
defined by and identified in rule
3745-1-05 of the Administrative
Code, or direct tributaries to these waters within one mile of these
waters.
(4) Changes to nutrient management plans for
concentrated animal feeding operations. Until the date that
U.S. EPA
approves the NPDES program submitted by the director of agriculture under
section 903.08 of the Revised Code,
permits shall be modified in accordance with
40
C.F.R. 122.42(e) when a
concentrated animal feeding operation proposes to change a nutrient management
plan.