(1) A
permit may be considered for modification or termination at the request of any
interested person, including the permittee, or upon the director's initiative
in accordance with Section R315-124-5. Requests for permit modification or
termination shall become effective only upon approval by the director and in
accordance with Section R315-124-15.
(a) Minor
modifications of a permit or plan of operation may not be subject to the 45 day
public comment period as required by Section R315-311-3, unless obligatory
under Subsection R315-311-2(1)(b). The following modifications shall be
considered minor, except that Subsections R315-311-2(1)(a)(vi) and
R315-311-2(1)(a)(viii) are not minor modifications for coal combustion residual
units.
(i) Corrections of typographical
errors.
(ii) Changes to the name,
address, or phone number of persons or agencies identified in the
permit.
(iii) Changes to
administrative or informational items.
(iv) Making changes to procedures for
maintaining the operating record or the location where the operating record is
kept.
(v) Changes are made to
provide for more frequent monitoring, reporting, sampling, or
maintenance.
(vi) A compliance date
extension request is made for a new date not to exceed 120 days after the date
specified in the approved permit.
(vii) Changes are made to the expiration date
of the permit to allow an earlier permit termination.
(viii) Changes are made to the closure
schedule for a unit, to the final closure schedule for the facility, or the
closure period is extended.
(ix)
The director determines, in the case of a permit transfer application, that no
change in the permit other than the change in the name of the owner or operator
is necessary.
(x) Equipment is
upgraded or replaced with functionally equivalent components.
(xi) Changes are made in sampling or analysis
methods, procedures, or schedules and those changes conform with Rule R315-308
if sampling or analyzing groundwater.
(xii) Changes are made in the construction or
groundwater monitoring quality control quality assurance plans that will better
certify that the specifications for construction, closure, sampling, or
analysis will be met.
(xiii)
Changes are made in the facility plan of operation that conform to guidance or
rules approved by the Waste Management and Radiation Control Board or provide
more efficient waste handling or more effective waste screening.
(xiv) Replacement of an existing monitoring
well with a new well without changing the location.
(xv) Changes are made in the design or depth
of a monitoring well that provides more effective monitoring.
(xvi) Changes are made in the statistical
method used to statistically analyze the groundwater quality data that conform
with Rule R315-308.
(xvii) Changes
are made in any permit condition that are more restrictive or provide more
protection to health or the environment.
(b) The director may subject any minor
modification request to the 45 day public comment period described in
Subsection R315-311-3(1) if justified by conditions and
circumstances.
(c) A permit
modification that does not meet the requirements of Subsection R315-311-2(1)(a)
for a minor modification shall be a major modification.
(d) If the director determines that major
modifications to a permit or plan of operation are justified, a new operational
plan incorporating the approved modifications shall be prepared. The
modifications shall be subject to the public comment period as specified in
Section R315-311-3.
