(a) Applications for minor permit modifications shall be processed as follows:

(1) An application for a minor permit modification shall be submitted to the Commission and shall include the following:

(A) A description of the change requested, the emissions resulting from the change, and any applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft permit;

(C) Certification by a responsible official, consistent with section 24.0504 of these regulations, that the proposed modification meets the criteria for use of the minor permit modification procedures and a request that such procedures be used; and

(D) Completed forms for the permitting authority to use to notify USEPA as required pursuant to section 24.0532.

(2) Within five working days of receipt of a complete permit modification application, the ASEPA shall promptly notify USEPA of the requested modification;

(3) The Commission shall not issue a final permit modification until USEPA has reviewed the modification application for 45 days or until USEPA has notified the Commission that it will not object to issuance of the requested modification, whichever comes first. The Commission shall, within 90 days of receipt of a completed permit modification application or 15 days of USEPA’s 45-day review period,

(A) issue the permit modification as proposed;

(B) Deny the permit modification application;

(C) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the non-minor modification procedures; or

(D) Revise the draft permit modification and transmit to USEPA the new proposed permit modification as required by these regulations.

(4) The applicant for a minor permit modification may make the change(s) proposed in its application immediately after it files its application. After making such change(s) and until the Commission takes any of the actions specified in subsections (a)(1) – (a)(3), the applicant must comply with both the applicable requirements governing the change and the proposed permit terms and conditions, but the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the applicant fails to comply with the proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against.

(b) Applications for permit modifications deemed non-minor shall meet all of the requirements set forth in sections 24.0522, 24.0525, 24.0526, 24.0538 as they apply to permit issuance and to permit renewal. Final permit modifications shall issue within nine

(9) months of the receipt by the Commission of a complete application.

History: 2005