(a) Deadlines
for permit or authorization modification application. The owner or operator of
any point source within the state who proposes a major modification to an
existing permit or a modification to an authorization must file a complete
application form with the administrator either 1) no less than 180 days in
advance of the date on which it is desired to change or alter the discharge
unless otherwise approved by the administrator; or 2) in sufficient time prior
to the alteration of the discharge to insure compliance with the requirements
of Section 306 of the CWA, or with any applicable zoning or siting requirements
established pursuant to Section 208(b) (2) (c) of the CWA, and any other
applicable water quality standards and limitations. In any event, no person
shall change or alter the conditions of a permitted discharge without having
obtained a modification from the department and no modification shall be issued
without full compliance by the permittee with all requirements of these
regulations.
(b) Modification
application requirements. An application for modification of an existing permit
or authorization shall identify any changes or additions to the information,
listed in Section 5(a) (v) or Section 4(m), (n) or (o), that was provided in
the application form or additional requested information for the permit most
recently noticed.
(c) Request for
modification. Permits or authorizations may be modified, revoked and reissued,
or terminated either at the request of any interested person or upon the
administrator's initiative. However, permits or authorizations may only be
modified, revoked and reissued, or terminated for the reasons specified in
Sections
12 and 13. All requests shall be in writing
and shall contain facts or reasons supporting the request.
(d) Reasons for permit modification. A permit
may be modified in whole or in part when:
(i)
There are material and substantial alterations or additions to the permitted
facility or activity which occurred after permit issuance which justify the
application of permit conditions that are different or absent in the existing
permit.
(ii) The administrator has
received new information which was not available at the time of permit issuance
(other than revised regulations, guidance, or test methods) and which would
have justified different permit conditions at the time of issuance, including
information derived from effluent testing required under Section 5(c) (v). This
provision allows modification of a permit to include conditions that may be
less stringent than the existing permit to the extent allowed under Section
12(d)
(iii).
(iii) The standards or regulations on which
the permit was based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued. Permits may be
modified during their terms for this cause only as follows:
(A) The permit condition requested to be
modified was based on a promulgated effluent limitation guideline, secondary
treatment regulations specified in Appendix E, or water quality standard;
and
(B) EPA or the department has
revised, withdrawn, or modified that portion of the federal regulation on which
the permit condition was based, or the Environmental Quality Council has
approved a revised water quality standard or effluent limitation on which the
permit condition was based; and
(C)
The permittee requests modification as required in this regulation, within 90
days after the notice of final action by which the EPA effluent limitation
guideline, water quality standard, or effluent limitation is revised,
withdrawn, or modified or upon the administrator's initiative; or
(D) For judicial decisions, a court of
competent jurisdiction has remanded and stayed EPA promulgated regulations or
effluent limitation guidelines, if the remand and stay concern that portion of
the regulations or guidelines on which the permit condition was based and a
request is filed by the permittee in accordance with this regulation, within 90
days of judicial remand.
(iv) The administrator determines that good
cause exists to modify a permit condition because of events over which the
permittee has no control and for which there is no reasonable available
remedy.
(v) When required to
incorporate applicable toxic effluent limitation or standards adopted pursuant
to Section 307(a) of the CWA.
(vi)
When required by the reopener conditions in the permit.
(vii) When the level of discharge of any
pollutant which is not limited in the permit exceeds the level which can be
achieved by the technology-based treatment requirements appropriate to the
facility.
(viii) To establish a
pollutant notification level required in Section 5(c) (i) (B), (W), (X), (Y) or
Appendix B.
(ix) To correct
technical mistakes, such as errors in calculation, or mistaken interpretations
of law made in determining permit conditions, to the extent allowed in Section
5(c) (iii) (M).
(x) Discharge
volume will increase above what was described in the most current application
or permit.
(xi) Outfalls will be
added, deleted or moved.
(xii) The
receiving surface waters of the state will change from what was described in
the most current application.
(xiii) The time of discharge will be changed
where seasonal or time-limited conditions for discharge may be
established.
(xiv) The
administrator determines good cause exists for modification of a compliance
schedule, such as an act of God, strike, flood, or materials shortage or other
events over which the permittee has little or no control and for which there is
no reasonably available remedy. However, in no case may a WYPDES compliance
schedule be modified to extend beyond an applicable CWA statutory
deadline.
(xv) When a discharger is
no longer eligible for net limitations, as provided in Section 5(c) of these
regulations.
(xvi) To modify a
schedule of compliance to reflect the time lost during construction of an
innovative or alternative facility, in the case of a POTW which has received a
grant under Section 202(a) (3) of the CWA for 100 percent of the costs to
modify or replace facilities constructed with a grant for innovative and
alternative wastewater technology under Section 202(a) (2). In no case shall
the compliance schedule be modified to extend beyond an applicable CWA
statutory deadline for compliance.
(xvii) For a small MS4, to include an
effluent limitation requiring implementation of a minimum control measure or
measures specified in Section 6 of these regulations when:
(I) The permit does not include such
measure(s) based upon the determination that another entity was responsible for
implementation of the requirements(s); and
(II) The other entity fails to implement
measure(s) that satisfy the requirement(s).
(xviii) Cause exists for termination under
Section 13 of these regulations, and the administrator determines that
modification or revocation and reissuance is appropriate.
(xix) Other changes to information described
in Section 5(c) (i) (B).
(xx) When
a downstream state was not properly notified of a proposed permit.
(e) Reasons for authorization
modification. An authorization may be modified in whole or in part when:
(i) There are material and substantial
alterations or additions to the permitted facility or activity which occurred
after issuance of an authorization.
(ii) The administrator has received new
information which was not available at the time of permit issuance.
(iii) To correct technical mistakes, such as
errors in calculation, or mistaken interpretations of law made in determining
authorization conditions.
(iv)
Discharge volume will increase above what was described in the most current
application or authorization.
(v)
Conditions described in Section
12(d) (v)
through (vii) and (xiii) exist.
(vi) For a small MS4, to include an effluent
limitation requiring implementation of a minimum control measure or measures
specified in Section 6 of these regulations when:
(A) The authorization does not include such
measure(s) based upon the determination that another entity was responsible for
implementation of the requirements(s); and
(B) The other entity fails to implement
measure(s) that satisfy the requirement(s).
(f) Permit revocation and reissuance. When a
permit is revoked and reissued under this section, the entire permit is
reopened just as if the permit had expired and was being reissued. During any
revocation and reissuance proceeding, the permittee shall comply with all
conditions of the existing permit until a new final permit is
reissued.
(g) Processing procedures
for major modifications. Major modifications for permits and authorizations
will be subjected to the processing procedures described in Sections 4, 5 and 6
of these regulations.
(h)
Processing procedures for minor modifications. Minor modifications to permits
and authorizations shall not be subject to the processing procedures of
Sections 4, 5 and 6. Minor modifications to permits and authorizations will be
processed according to the following procedures:
(i) Where a modification to an individual
permit is initiated by the permittee, notification that the modification has
been incorporated into the permit will be provided to the permittee within 30
days of the permittee's submittal of a complete application for modification to
the administrator;
(ii) Where an
application for modification to an authorization is submitted by the permittee
and the administrator determines that the modification can be authorized, a
revised authorization reflecting the modification will be provided to the
permittee within 30 days of the permittee's submittal of a complete notice of
intent for modification to the department, or as described in the general
permit under which coverage is provided;
(iii) Where an application for modification
to an authorization is submitted by the permittee and the administrator
determines that the modification can not be authorized, a notification shall be
provided to the permittee of such determination within 30 days of the
permittee's submittal of a complete notice of intent for modification to the
department, or as described in the general permit under which coverage is
provided.
(i) Conditions
subject to modification. When a permit is modified, only the conditions subject
to modification are reopened. The term of the modified permit will not be
extended beyond the term of the permit being modified.
(j) No stay of permit conditions. The filing
of a request by the permittee for a permit modification does not stay any
permit condition.
(k)
Antibacksliding. All effluent permit modifications and reissuances are subject
to the antibacksliding provisions set forth in Section 5(c) (iii)
(M).
(l) Draft permits and
authorization notification. For major modifications to permits, the
administrator will prepare a summary describing the proposed modification(s).
Copies of the modification summary will be provided to permittees for review at
the time of public notice. For modifications to authorizations, copies of the
issued authorizations will be provided to permittees within ten (10) days of
issuance.
(m) Denial of permit or
authorization modification requests. Except for denial based upon
incompleteness of an application, if the director proposes to deny issuance of
a permit or authorization modification, the applicant shall be notified by
registered or certified mail of the intent to deny and the reason for
denial.
