Section 173-401-725 - Permit modification(1) Definition. A permit modification is any revision to a chapter 401 permit that cannot be accomplished under provisions for administrative permit amendments under WAC 173-401-720. A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the FCAA and in effect on April 7, 1993.(2) Minor permit modification procedures.(a) Criteria. (i) Minor permit modification procedures shall be used for those permit modifications that: (A) Do not violate any applicable requirement;(B) Do not involve significant 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 and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include: (I) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the FCAA; and(II) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the FCAA;(E) Are not modifications under any provision of Title I of the FCAA;(ii) Notwithstanding (a)(i) of this subsection, and subsection (3)(a) of this section, the permitting authority may allow the use of minor permit modification procedures for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the use of such minor permit modification procedures are explicitly provided for in the Washington state implementation plan or in applicable requirements promulgated by EPA and in effect on April 7, 1993.(b) Application. An application requesting the use of minor permit modification procedures shall meet the requirements of WAC 173-401-510 and shall include the following:(i) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;(ii) The source's suggested draft permit;(iii) Certification by a responsible official, consistent with WAC 173-401-520, of the truth, accuracy, and completeness of the application and that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and(iv) Completed forms for the permitting authority to use to notify the administrator and affected states as required under WAC 173-401-810 and 173-401-820.(c) EPA and affected state notification. Within five working days of receipt of a complete permit modification application, the permitting authority shall meet its obligation under WAC 173-401-810 and 173-401-820 to notify the administrator and affected states of the requested permit modification. The permitting authority promptly shall send any notice required under WAC 173-401-820(2) to the administrator.(d) Notice requirements. Concurrent with the notice to the administrator and affected states, the permitting authority shall submit to the permit register notice of each proposed minor permit modification. Publication in the next available issue of the permit register will signal the beginning of a public comment period of twenty-one days. Each notice must describe the proposed revisions and specify the deadline to file comments with the permitting authority on the proposed modification.(e) Timetable for issuance. The permitting authority may not issue a final permit modification until after the public comment period ends. The permitting authority may not issue a final permit modification until after EPA's forty-five day review period or until EPA has notified the permitting authority that EPA will not object to issuance of the permit modification, whichever is first, although the permitting authority can approve the permit modification prior to that time. Within ninety days of the permitting authority's receipt of an application under minor permit modification procedures or fifteen days after the end of the administrator's forty-five day review period under WAC 173-401-810, whichever is later, the permitting authority shall:(i) Issue the permit modification as proposed;(ii) Deny the permit modification application;(iii) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or(iv) Revise the draft permit modification and transmit to the administrator the new proposed permit modification as required by WAC 173-401-810.(f) Source's ability to make change. The source may make the change proposed in its minor permit modification application immediately after it files such application provided that those changes requiring the submissions of a notice of construction application have been reviewed and approved by the permitting authority. After the source makes the change allowed by the preceding sentence, and until the permitting authority takes any of the actions specified in (d) of this subsection, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.(g) Permit shield. The permit shield under WAC 173-401-640 shall not extend to minor permit modifications.(3) Group processing of minor permit modifications. Consistent with this subsection, the permitting authority may process groups of a source's applications for certain modifications eligible for minor permit modification processing.(a) Criteria. Group processing of modifications may be used only for those permit modifications:(i) That meet the criteria for minor permit modification procedures under subsection (2)(a) of this section; and(ii) That collectively are below ten percent of the emissions allowed by the permit for the emissions unit for which the change is requested, twenty percent of the applicable definition of major source in WAC 173-401-200, or five tons per year, whichever is least.(b) Application. An application requesting the use of group processing procedures shall meet the requirements of WAC 173-401-510 and shall include the following:(i) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;(ii) The source's suggested draft permit;(iii) Certification by a responsible official, consistent with WAC 173-401-520, of the truth, accuracy, and completeness of the application and that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used;(iv) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under (a)(ii) of this subsection;(v) Certification, consistent with WAC 173-401-520, that the source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification; and(vi) Completed forms for the permitting authority to use to notify the administrator and affected states as required under WAC 173-401-810 and 173-401-820.(c) EPA and affected state notification. On a quarterly basis or within five business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level set under (a)(ii) of this subsection, whichever is earlier, the permitting authority promptly shall meet its obligation under paragraphs WAC 173-401-810 and 173-401-820 to notify the administrator and affected states of the requested permit modifications. The permitting authority shall send any notice required under WAC 173-401-820(2) to the administrator.(d) Notice of requirements. Concurrent with the notice to the administrator and affected states, the permitting authority shall submit to the permit register notice of group processing of minor permit modifications. Publication in the next available issue of the permit register will signal the beginning of a public comment period of at least twenty-one days. Each notice must describe the proposed revisions and specify the deadline to file comments with the permitting authority on the proposed modification.(e) Timetable for issuance. The provisions of subsection (2)(e) of this section shall apply to modifications eligible for group processing, except that the permitting authority shall take one of the actions specified in subsection (2)(e) of this section within one hundred eighty days of receipt of the application or fifteen days after the end of the administrator's forty-five day review period, whichever is later.(f) Source's ability to make change. The provisions of subsection (2)(f) of this section shall apply to modifications eligible for group processing.(g) Permit shield. The permit shield under WAC 173-401-640 shall not extend to minor permit modifications eligible for group processing.(4) Significant modification procedures. (a) Criteria. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative permit amendments. Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall be considered significant. Nothing herein shall be construed to preclude the permittee from making changes consistent with this chapter that would render existing permit compliance terms and conditions irrelevant.(b) Significant permit modifications shall meet all requirements of this chapter, including those for applications, public participation, review by affected states, and review by EPA, as they apply to permit issuance and permit renewal. The permitting authority shall complete review on the majority of significant permit modifications within nine months after receipt of a complete application.Wash. Admin. Code § 173-401-725
Statutory Authority: Chapter 70.94 RCW. 93-20-075 (Order 91-68), § 173-401-725, filed 10/4/93, effective 11/4/93.