Section 129-9-003 - Minor Permit Revisions003.01 For minor permit revisions of Class I and Class II operating permits, the requirements of 40 CFR § 70.7(e)(2)(i) will apply.003.02 The minor permit revision procedures of this section may be used for construction permit revisions provided the following conditions are met:003.02A No emission limit in the original construction permit is exceeded.003.02B No applicable requirement included in an operating permit to which the source is subject is violated.003.02C No emissions limit, equipment or operational standard applicable to the source will be exceeded.003.02D No emissions limit, equipment or operational standard assumed to avoid a classification that would render the source subject to an otherwise applicable requirement will be exceeded; and003.02E The nature of the constructed facility will be consistent with that described in the original public notice materials.003.03 A source may request a minor permit revision by submitting a request to the Department in writing that includes the following:003.03A A description of the change, the emissions resulting from the change, and any new applicable requirements or applicable requirements under the Act that will apply if the change occurs;003.03B The source's suggested draft permit language.003.03C Certification by a responsible official, in accordance with Chapter 6 for operating permits or Chapter 3 for construction permits, that the proposed revision meets the criteria in section 003.01 or 003.02 above for use of minor revision procedures and a request that such procedures be used;003.03D For Class I operating permit revisions only, one (1) original and one (1) copy of the completed applications and information identified in 003.03A through 003.03C above for use by the Department to notify the Administrator of EPA, affected TAS, and affected States.003.04 For Class I operating permit revisions only, within five working days of receipt of a complete minor permit revision application, the Department will notify the Administrator of EPA, affected TAS, and affected States of the requested permit revision pursuant to 40 CFR § 70.7(e)(2)(iii, iv, and vi). Administrator, as used in 40 CFR § 70.7(e)(2)(iii, iv, and vi), means Administrator of EPA.003.05 For Class I and Class II operating permit revisions, a source may immediately make the proposed change upon the Department's receipt of the source's complete minor permit revision request. After the source makes the change, and until the Department takes action on the request, the source will comply with both the applicable requirements and applicable requirements under the Act governing the change and the proposed permit terms and conditions. If the source fails to comply with its proposed permit terms and conditions during this interim period, the existing permit terms and conditions the source seeks to revise may be enforced and such failure to comply will be cause for denial of the minor permit revision request.003.05A For Class II operating permit minor revision requests, within 90 days of the Department's receipt of a complete application under the minor permit revision, the Department will: 003.05A1 Issue the permit revision;003.05A2 Deny the permit revision application; or003.05A3 Determine that the request revision does not meet the minor revision request criteria in Sections 003.01 and 003.02 above and should be reviewed under the significant permit revision procedures.003.06 The permit shield described in Chapter 6 will not apply to a minor permit revision.129 Neb. Admin. Code, ch. 9, § 003
Amended effective 9/28/2022