(a) Upon receipt of an application for a permit modification which does not qualify as an administrative permit amendment pursuant to section 24.0534 the Commission shall process the application according to whether the requested permit modification is minor or non-minor.

(b) In determining whether a requested modification is minor or non-minor, the Commission shall use the following criteria:

(1) Minor permit modifications are those which:

(A) Do not violate any applicable requirement;

(B) Do not involve non-minor changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

(C) 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 a visibility or increment analysis;

(D) Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject, including:

(i) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the federal Clean Air Act, 42 U.S.C. 7401to 7515; and

(ii) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Clean Air Act;

(E) Are not required by these standards and regulations to be processed as a non-minor modification;

(F) Are not modifications under any provision of title I of the Clean Air Act; Notwithstanding subparagraphs (A) through (F) of this section, minor permit modifications procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such modifications procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by USEPA.

(2) Non-minor permit modifications are those which do not qualify as minor permit modifications or administrative permit amendments and which:

(A) involve any relaxation of permit monitoring terms and conditions;

(B) involve any relaxation of reporting or recordkeeping terms and conditions;

(C) involve violations of any applicable requirement(s); or

(D) involve any relaxation of permit emissions standards or limitations.

History: 2005