Idaho Admin. Code r. 58.01.01.383

Current through August 31, 2023

Section 58.01.01.383 - MINOR PERMIT MODIFICATION

01.Criteria. (3-28-23)

a. Minor permit modification procedures may be used for permit modifications involving economic incentives, marketable permits, emissions trading, and other similar approaches explicitly provided for in the SIP or applicable requirements promulgated by EPA. A permittee may not use minor modification procedures for changes described in Subsections 382.01.a. through 382.01.e. (3-28-23)

b. Any other permit modification that is not required to be processed as a significant permit modification under Section 382. (3-28-23)

c. Groups of a permittee's applications eligible for processing as minor permit modifications may be processed under minor permit modification procedures if collectively, the changes proposed in the minor modification applications do not exceed the lesser of: (3-28-23)

i. Ten percent (10%) of the emissions allowed by the existing Tier I operating permit for the emissions unit for which the change is requested; (3-28-23)

ii. Twenty percent (20%) of the major facility criteria in Section 008; or (3-28-23)

iii. Five (5) tons per year. (3-28-23)

02.Minor Permit Modification Application Procedures. A permittee may initiate a minor permit modification by submitting a complete standard application described in Section 314 to the Department. The application must: (3-28-23)

a. Request the use of minor permit modification procedures and state at the beginning of the request that it is a "REQUEST FOR MINOR PERMIT MODIFICATION," designate either "INDIVIDUAL" or "GROUP" processing, and provide a summary sheet; (3-28-23)

i. Describing the proposed minor permit modification; (3-28-23)

ii. Stating the date on which the proposed minor permit modification will occur at the facility; (3-28-23)

iii. Describing and quantifying any change in emissions resulting from the minor permit modification including, but not limited to, an identification of any new regulated air pollutant(s) that will be emitted; (3-28-23)

iv. Identifying any Tier I operating permit term or condition that will no longer be applicable as a result of the minor permit modification; (3-28-23)

v. Identifying any new applicable requirement that is applicable to the Tier I source as a result of the minor permit modification; (3-28-23)

vi. Certifying by a responsible official under Section 123 that the proposed permit modification meets the criteria for a minor permit modification and, if applicable, the use of group processing procedures; and (3-28-23)

vii. Listing the permittee's other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with the other applications, equals or exceeds the thresholds under Subsection 383.01.c. above; (3-28-23)

b. Include completed forms for the Department to use to notify the EPA and affected States as required under Sections 364 and 366; and (3-28-23)

c. Include the applicant's suggested draft Tier I permit with the minor permit modification. (3-28-23)

03.EPA and Affected State Notification Procedures. (3-28-23)

a. Within five (5) working days of receipt of a complete minor permit modification application, the Department will notify EPA and the affected States of the requested permit modification and forward the forms completed by the applicant and other required information, if any, to the EPA and affected States. Affected States and EPA review will occur simultaneously. (3-28-23)

b. On a quarterly basis or within five (5) working days of receiving an application demonstrating that the aggregate of a permittee's pending applications equals or exceeds the threshold level established in Subsection 383.01.c. above, whichever is earlier, the Department shall notify EPA and the affected States of the requested permit modification and forward the forms completed by the applicant and other required information, if any, to the EPA and affected States. Affected States and EPA review shall occur simultaneously. (3-28-23)

c. The Department will promptly notify EPA and any affected States in writing including its reasons for not accepting any such recommendation if the Department refuses to accept all the timely recommendations submitted by affected States. (3-28-23)

d. The Department may not issue a final permit modification until after EPA's forty-five (45) day review period or until EPA has notified the Department that EPA will not object to issuance of the permit modification, whichever is first; although the Department can approve the permit modification prior to that time. (3-28-23)

e. Within ninety (90) days of the Department's receipt of a complete minor permit modification application or within fifteen (15) days after the end EPA's forty-five (45) day review period, whichever is later, the Department will take one (1) of the following actions: (3-28-23)

i. Issue the minor permit modification as proposed; (3-28-23)

ii. Deny the minor permit modification application; (3-28-23)

iii. Determine that the requested minor permit modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or (3-28-23)

iv. Revise the proposed minor permit modification, transmit the revised proposal to the EPA in accordance with Section 366, and notify the permittee. (3-28-23)

f. Within one hundred and eighty (180) days of the Department's receipt of a complete application for modifications eligible for group processing or within fifteen (15) days after the end of EPA's forty-five (45) day review period, whichever is later, the Department will take one (1) of the actions specified in Subsections 383.03.e.i., 383.03.e.ii., 383.03.e.iii., or 383.03.e.iv. (3-28-23)

04.Implementation Procedures. (3-28-23)

a. The permittee may make the change proposed in its minor permit modification immediately upon submittal of a complete application to the Department before final action by the Department. (3-28-23)

b. After the source makes the allowed change and until the Department takes any of the actions specified in Subsections 383.03.e.i., 383.03.e.ii., or 383.03.e.iii., the permittee must comply with both the applicable requirements governing the change and the proposed terms and conditions. (3-28-23)

c. During this time period, the permittee need not comply with the existing permit terms and conditions it seeks to modify; provided that, if the source fails to comply with the applicable requirements governing the change and the proposed revisions, the existing permit terms and conditions it seeks to modify may be enforced against it. (3-28-23)

05.Permit Shield. The permit shield described in Section 325 does not apply to any minor permit modification. (3-28-23)

Idaho Admin. Code r. 58.01.01.383