Section 096-140-9 - Part 70 Minor License ModificationA.ApplicabilityPart 70 Minor License Modification procedures may be used only for those license changes that:
(1) Do not violate any Applicable requirement or state requirement;(2) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the license;(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 visibility or increment analyses;(4) Do not seek to establish or change a Part 70 license 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:(a) A federally enforceable emissions cap assumed to avoid classification as a modification or reconstruction under CAA Section 112, or as a CAA Title I Modification; and(b) An alternative emissions limit approved pursuant to regulations promulgated under CAA Section 112(i)(5);(5) Are not a modification or reconstruction under CAA Sections 111 or 112, or a CAA Title I Modification; and(6) Are not required by the Department to be processed as a Part 70 Significant License Modification. Notwithstanding (1) through (6) above, Part 70 Minor License Modification procedures may be used for license modifications involving the use of economic incentives, marketable licenses, intrafacility emission trading, and other similar approaches, to the extent that such Part 70 Minor License Modification procedures are explicitly provided for in an applicable implementation plan or in Applicable requirements promulgated by EPA.
B.Schedule(1) The applicant may request a Part 70 Minor License Modification at any time during the term of a Part 70 license.(2) The Department may approve, but may not issue a final Part 70 Minor License Modification until after EPA's 45-day review period or until EPA has notified the Department that EPA will not object to issuance, whichever is first. Within 90 days of the Department's receipt of an application for a Part 70 Minor License Modification or 15 days after the end of the EPA's 45-day review period, whichever is later, the Department will:(a) Issue the Part 70 Minor License Modification as proposed;(b) Deny the Part 70 Minor License Modification application;(c) Determine that the requested Part 70 Minor License Modification does not meet the Part 70 Minor License Modification criteria; or(d) Revise the draft license and transmit to the EPA the new proposed Part 70 Minor License Modification.(3) The source may make the changes proposed in its Part 70 Minor License Modification application immediately after it files an application only if such application includes the suggested draft of subsection 9(D)(3) of this Chapter. After the source makes the change allowed by the preceding sentence and until the Department takes any of the actions specified in this section, the source must comply with both the Applicable requirements governing the change and the suggested draft license terms and conditions. During this time period, the source need not comply with the existing license terms and conditions it seeks to modify. However, if the source fails to comply with its proposed license terms and conditions during this time period, the existing license terms and conditions it seeks to modify may be enforced against it.
C.Application Notification(1) No application notification is required for the processing of a Part 70 Minor License Modification.(2) A copy of the application shall be submitted by the source to EPA Region I and affected states.D.Required Application InformationFor sources applying for a Part 70 Minor License Modification, the applicant shall submit the following information:
(1) The application form as specified in subsection 2(B) of this Chapter that contains the applicable required information;(2) A description of the change, the emissions resulting from the change, and any new Applicable requirements and state requirements that will apply if the change occurs;(3) Certification by a responsible official pursuant to subsection 2(C) of this Chapter that the proposed modification meets the criteria for use of Part 70 Minor License Modification procedures and a request that such procedures be used; and(4) A suggested draft license if the source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application.E.License ContentA Part 70 Minor License Modification will contain the following:
(1) A description of the change and the reason for the request;(2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the change; and(3) Specific designation as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements. The permit shield, as specified in subsection 2(I) does not apply to the terms and conditions of the Part 70 Minor License Modification.
F.Criteria for License ApprovalThe Part 70 Minor License Modification will be granted if the Department determines that the change meets the applicability criteria specified above in subsection 9(A) of this Chapter and will not violate any Applicable requirement or state requirement of the Part 70 source.
The Part 70 license will specifically designate as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.
G.Draft Notification(1) The applicant shall provide a copy of the suggested draft license to the affected states and to the EPA within five days of submitting the application to the Department, if the source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application.(2) For Part 70 Minor License Modifications, the Department will provide a copy of the Part 70 draft proposed license to the affected states for a 30-day comment period as specified for in subsection 2(K) of this Chapter, as applicable, for affected states' review.(3) EPA will have a review period of 45 days on the Part 70 draft/proposed license as described in subsection 2(L) of this Chapter or until EPA has notified the Department that EPA will not object to the issuance, whichever is first. This period may run concurrently with the comment period in subsection 9(G)(2) above unless the Department receives comments from the public or affected states that lead the Department to make substantive changes to the draft/proposed license. In which case, the 45-day review period for EPA resets and begins anew upon resubmittal of the proposed license.06-096 C.M.R. ch. 140, § 9