15A NCAC 02Q .0515. MINOR PERMIT MODIFICATIONS

(a)  The procedures set out in this Rule may be used for permit modifications when the modifications:

(1)           do not violate any applicable requirement;

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

(3)           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;

(4)           do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the facility has assumed to avoid an applicable requirement to which the facility would otherwise be subject.  Such terms and conditions include:

(A)          a federally enforceable emissions cap assumed to avoid an applicable requirement under any provision of Title I of the federal Clean Air Act; or

(B)          an alternative emissions limit approved as part of an early reduction plan submitted pursuant to Section 112(i)(5) of the federal Clean Air Act;

(5)           are not modifications under any provision of Title I of the federal Clean Air Act; and

(6)           are not required to be processed as a significant modification under Rule .0516 of this Section.

(b)  In addition to the items required under Rule .0505 of this Section, an application requesting the use of the procedures set out in this Rule shall include:

(1)           an application form including:

(A)          a description of the change,

(B)          the emissions resulting from the change, and

(C)          identification of any new applicable requirements that will apply if the change occurs;

(2)           a list of the facility's other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the thresholds set out under Subparagraphs (c)(1) through (3) of this Rule;

(3)           the applicant's suggested draft permit;

(4)           certification by a responsible official that the proposed modification meets the criteria for using the procedures set out in this Rule and a request that these procedures be used; and

(5)           complete information for the Director to use to notify EPA and affected States.

(c)  The Director shall use group processing for minor permit modifications processed under this Rule. The Director shall notify EPA and affected States of the requested permit revisions under this Rule and shall provide the information specified in Rule .0522 of this Section on a quarterly basis.  If the aggregated emissions from all pending minor permit modifications equal or exceed:

(1)           10 percent of the emissions allowed for the source for which the change is requested,

(2)           20 percent of the applicable definition of major facility, or

(3)           five tons per year,

then the Director shall notify EPA and affected States within five business days of the requested permit revision under this Rule and provide the information specified in Rule .0522 of this Section.

(d)  Within 90 days after receiving a complete application that causes the thresholds in Subparagraphs (c)(1), (2), or (3) of this Rule to be exceeded or 15 days after the end of EPA's 45‑day review period, whichever is later, the Director shall:

(1)           issue the permit modification as proposed;

(2)           deny the permit modification application;

(3)           determine that the requested modification does not qualify for the procedures set out in this Rule and should therefore, be processed under Rule .0516 of this Section;

(4)           revise the draft permit modification and transmit the proposed permit to EPA.

(e)  If the thresholds in Subparagraphs (c)(1), (2), and (3) of this Rule are not exceeded, the Director shall, within 180 days after receiving a completed application for a permit modification or 15 days after the end of EPA's 45‑day review period, whichever is later:

(1)           issue the permit modification as proposed;

(2)           deny the permit modification application;

(3)           determine that the requested modification does not qualify for the procedures set out in this Rule and should therefore, be processed under Rule .0516 of this Section;

(4)           revise the draft permit modification and transmit the proposed permit to EPA.

(f)  The permit applicant may make the change proposed in his minor permit modification application immediately after filing the completed application with the Division.  After the applicant makes the change, the facility shall comply with both the applicable requirements governing the change and the proposed permit terms and conditions until the Director takes one of the final actions specified in Paragraph (d)(1) through (d)(4) of this Rule.  Between the filing of the permit modification application and the Director's final action, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the Director may enforce the terms and conditions of the existing permit that the applicant seeks to modify.

(g)  The permit shield allowed under Rule .0512 of this Section shall not extend to minor permit modifications.

(h)  If the State‑enforceable only portion of the permit is revised, the procedures in Section .0300 of this Subchapter shall be followed.

(i)  The proceedings shall affect only those parts of the permit related to the modification.

 

History Note:        Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 143‑215.3(a)(1); 143‑215.107(a)(10); 143‑215.108;

Eff. July 1, 1994;

Amended Eff. July 1, 1997.