SECTION 252:100-8-7.2. Administrative permit amendments and permit modifications

(a)   Administrative permit amendments.

(1)   An administrative permit amendment:

(A)   Corrects typographical errors;

(B)   Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(C)   Requires more frequent monitoring or reporting by the permittee;

(D)   Allows for a change in ownership or operational control of a source where no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the DEQ;

(E)   Incorporates into the permit the requirements from preconstruction review permits issued by the DEQ under this Part.

(2)   Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by 40 CFR Part 72.

(3)   An administrative permit amendment shall be made by the DEQ in accordance with the following:

(A)   The DEQ shall take final action on a request for an administrative permit amendment within 60 days from the date of receipt of such a request, and may incorporate the proposed changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this paragraph.

(B)   The DEQ shall submit a copy of the revised permit to the Administrator.

(C)   The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

(4)   The DEQ shall, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in OAC 252:100-8-6(d) for administrative permit amendments made pursuant to OAC 252:100-8-7.2(a)(1)(E).

(b)   Permit modification. A permit modification is any revision to a permit that cannot be accomplished under OAC 252:100-8-7.2(a). A permit modification for purposes of the acid rain portion of the permit shall be governed by 40 CFR Part 72.

(1)   Minor permit modification procedures.

(A)   Criteria.

(i)   Minor permit modification procedures may be used only for those permit modifications that:

(I)   Do not violate any applicable requirement, or state-only requirements;

(II)   Do not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit;

(III)   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;

(IV)   Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement or state-only requirement which the source has assumed to avoid some other applicable requirement or state-only requirement to which the source would otherwise be subject. Such terms and conditions include federally-enforceable emissions caps assumed to avoid classification as a modification under any provision of Title I and alternative emissions limits approved pursuant to regulations promulgated under § 112(i)(5) of the Act; and

(V)   Are not modifications under any provision of Title I of the Act.

(ii)   Notwithstanding OAC 252:100-8-7.2(b)(1)(A)(i) and 252:100-8-7.2(b)(2)(A), minor permit modification 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 minor permit modification procedures are explicitly provided for in the State's implementation plan or in applicable requirements promulgated by EPA.

(B)   Application. To use the minor permit modification procedures, a source shall submit an application requesting such use which shall meet the permit application requirements of Tier I under OAC 252:4-7 and shall include the following:

(i)   A description of the change, the emissions resulting from the change, and any new applicable requirements or state-only requirements that will apply if the change occurs;

(ii)   The source's suggested modification language;

(iii)   Certification by a responsible official, that the application and the proposed modification meet the criteria for use of minor permit modification procedures; and

(iv)   Completed forms for any notices required by OAC 252:4-7 and OAC 252:100-8-7.2(b)(1)(C).

(C)   EPA and affected state notification. If the proposed minor modification is of a permit that underwent EPA review in accordance with OAC 252:100-8-8, the provisions of that section shall apply to the minor modification application.

(D)   Timetable for issuance. Within 90 days of the DEQ's receipt of a complete application under OAC 252:4-7 the DEQ shall:

(i)   Issue the minor permit modification as approved;

(ii)   Deny the minor permit modification application; or

(iii)   Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures or administrative amendment procedures.

(E)   Source's ability to make change. Immediately after filing an application meeting the requirements of these minor permit modification procedures, the source is authorized to make the change or changes proposed in the application. After the source makes the change and until the DEQ takes any of the actions specified in OAC 252:100-8-7.2(b)(1)(D)(i) through (iii), the source must comply with the applicable requirements and state-only requirements governing the change and the proposed permit terms and conditions. During this period, the source need not comply with the existing 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.

(F)   Permit shield. The permit shield under OAC 252:100-8-6(d) will not extend to minor permit modifications.

(G)   Permittee's risk in commencing construction. The permittee assumes the risk of losing any investment it makes toward implementing a modification prior to receiving a permit amendment authorizing the modification. The DEQ will not consider the possibility of the permittee suffering financial loss due to such investment when deciding whether to approve, deny, or approve in modified form a minor permit amendment.

(2)   Significant modification procedures.

(A)   Criteria. Significant modification procedures shall be used for applications requesting permit modifications that:

(i)   Involve any significant changes in existing monitoring requirements in the permit;.

(ii)   Relax any reporting or recordkeeping requirements.

(iii)   Change any permit condition that is required to be based on a case-by-case determination of an emission limitation or other standard, on a source-specific determination of ambient impacts, or on a visibility or increment analysis;

(iv)   Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement or state-only requirement which the source has assumed to avoid some other applicable requirement or state-only 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;

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

(v)   Are modifications under any provision of Title I of the Act; and,

(vi)   Do not qualify as minor permit modifications or administrative amendments.

(B)   Procedures for processing. Significant permit modifications shall meet all requirements of these rules that are applicable to Tier II applications. The application for the modification shall describe the change, the emissions resulting from the change, and any new applicable requirements or state-only requirements that will apply if the change occurs.

(C)   Issuance. The DEQ shall complete review of significant permit modifications within nine months after receipt of a complete application, but shall be authorized to extend that date by up to three months for cause.

[Source: Added at 15 Ok Reg 2590, eff 6-25-98; Amended at 18 Ok Reg 1455, eff 6-1-01; Amended at 20 Ok Reg 1123, eff 6-1-03]