250 R.I. Code R. 250-RICR-120-05-29.14

Current through December 26, 2024

Section 250-RICR-120-05-29.14 - Changes at a Permitted Facility Requiring a Permit Revision

29.14.1Administrative Permit Amendments

A. An administrative permit amendment is a permit revision that:

1. Corrects typographical errors;

2. 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 stationary source;

3. Requires more frequent monitoring or reporting by the permittee;

4. Allows for a change in ownership or operational control of a stationary source where the Office of Air Resources determines that 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 Office of Air Resources;

5. Incorporates into the permit the requirements from preconstruction review permits authorized under an EPA-approved program, provided that such a program meets procedural requirements substantially equivalent to the requirements of § 29.14 of this Part that would be applicable to the change if it were subject to review as a permit modification and compliance requirements substantially equivalent to those contained in § 29.10 of this Part.

6. Incorporates into the permit any terms and conditions which are not federally enforceable under the Act.

B. Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416).

C. An administrative permit amendment may be made by the Office of Air Resources consistent with the following:

1. The Office of Air Resources shall take no longer than sixty (60) days after receiving the request for an administrative permit amendment to take final action on the request. The Office of Air Resources may incorporate such changes without providing notice to the public or affected States provided that it designates any such permit revisions are in accordance with those listed in § 29.14.1(A) of this Part.

2. The Office of Air Resources will submit a copy of the revised permit to the EPA.

3. The stationary source may implement any changes addressed in the administrative amendment request immediately upon submittal of the request.

D. The Office of Air Resources may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in § 29.10(K) of this Part for administrative permit amendments made pursuant to § 29.14.1(A)(5) of this Part which meet the relevant requirements of §§ 29.10, 29.13.2 and 29.14.4 of this Part for significant permit modifications.

29.14.2Minor Permit Modifications

A. Minor permit modification procedures may be used only for those permit modifications that:

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 including those made under Part 9 of this Subchapter (Air Pollution Control Permits), §§ 9.8.1(A) and (B) or §§ 9.9.1(A)(1)(a) and (b) of this Subchapter (Air Pollution Control Permits), or a source specific determination for temporary stationary sources of ambient impacts, or a visibility or increment analysis made under Part 9 of this Subchapter (Air Pollution Control Permits), §§ 9.9.1(A)(2)(a)(2) or 9.9.1(A)(3)(a) of this Subchapter (Air Pollution Control Permits).

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 stationary source has assumed to avoid an applicable requirement to which the stationary source would otherwise be subject. Such terms and conditions include:

a. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of 42 U.S.C. §§ 7401-7431 (CAA §§ 101-131), 42 U.S.C. §§ 7470-7492 (CAA §§ 160-169b), or 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193); and

b. An alternative emissions limit approved pursuant to regulations promulgated under 42 U.S.C. § 7412(i)(5) (CAA § 112(i)(5));

5. Are not modifications under any provision of 42 U.S.C. §§ 7401-7431 (CAA §§ 101-131), 42 U.S.C. §§ 7470-7492 (CAA §§ 160-169b), or 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193);

6. Are not otherwise required by the Office of Air Resources to be processed as a significant modification.

B. Notwithstanding §§ 29.14.2(A) and 29.14.3(A) of this Part; 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 Rhode Island State Implementation Plan or in applicable requirements promulgated by EPA.

C. An application requesting the use of minor permit modification procedures shall meet the requirements of § 29.9.1 of this Part. The application need only include such information as is relevant to the proposed modification. In addition, the application shall include the following:

1. A description of the proposed change, the emissions resulting from the change and any new applicable requirements that will apply if the change occurs;

2. A proposed draft permit reflecting the proposed change;

3. Certification by a responsible official, consistent with § 29.9.1(B) of this Part that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

4. Completed forms, available from the Office of Air Resources, for the Office of Air Resources to use to notify the EPA and affected States of the proposed change.

D. Following receipt of an application for a minor permit modification, the Office of Air Resources shall notify the applicant of whether the application is complete. A complete application must provide all the information requested in § 29.14.2(C) of this Part as it pertains to the proposed modification.

E. If the application for a minor modification is incomplete, the Office of Air Resources may request additional information in writing and set a reasonable deadline for a response.

F. If the application for a minor modification is complete, the Office of Air Resources will, within five (5) working days, notify the EPA and any affected States of the requested permit modification. EPA and affected States will then have forty-five (45) days to notify the Office of Air Resources of any objection to, or comment on, the application. Such objection or comment shall be sent to the Office of Air Resources. The 45-day review period shall be presumed to begin three (3) days after the Office of Air Resources has mailed the notification to both the EPA and affected States, unless EPA demonstrates it received the notice late, in which case it shall begin on the date of receipt.

G. The Office of Air Resources will not take final action on an application for a minor permit modification until after EPA's 45-day review period has concluded or until EPA has notified the Office of Air Resources that it will not object to issuance of the proposed permit modification, whichever is first.

H. Within ninety (90) days after the application for a minor modification is complete, or fifteen (15) days after the completion of EPA's 45-day review period, whichever is later, the Office of Air Resources shall:

1. Issue the permit modification as proposed; or

2. Deny the permit modification application; or

3. Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

4. Revise the draft permit modification and transmit to the EPA the new proposed permit modification.

I. A copy of the final permit modification will be forwarded to the EPA. The Office of Air Resources shall, when submitting a revised permit to EPA notify the EPA and any affected State of any refusal by the Office of Air Resources to accept all recommendations for the proposed permit that the affected state submitted during its review period. The notice shall include the Office of Air Resource's reasons for not accepting any such recommendation. EPA shall have forty-five (45) days following receipt of such notice to object to the permit modification. The Office of Air Resources is not required to accept any recommendations that are not based on applicable requirements or the requirements of 40 C.F.R. § 70.

J. If preconstruction permits are required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits) for the minor modification, the proposed change may, at the stationary source's risk, be made as soon as all required preconstruction permits have been issued, but no sooner. If the stationary source elects to make such changes and until the Office of Air Resources issues its final determination in accordance with § 29.14.2(H) of this Part, the stationary source must comply with both applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the stationary source need not comply with the existing permit terms and conditions it seeks to modify. However, if the stationary source fails to comply with its proposed permit terms and conditions during the time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

K. If preconstruction permits are not required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), for the minor modification, the proposed change may, at the stationary source's risk, be made as soon as the application for a minor modification is filed with the Office of Air Resources, but no sooner. If the stationary source elects to make such changes and until the Office of Air Resources issues its final determination in accordance with § 29.14.2(H) of this Part, the stationary source must comply with both applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the stationary source need not comply with the existing permit terms and conditions it seeks to modify. However, if the stationary source fails to comply with its proposed permit terms and conditions during the time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

L. The permit shield as stated in § 29.10(K) of this Part does not apply to minor permit modifications.

29.14.3Group Processing of Minor Permit Modifications

A. Group processing of modifications may be used only for those permit modifications:

1. That individually meet the criteria for minor permit modification procedures under § 29.14.2(A) of this Part; and

2. That collectively are below the lowest threshold level as set forth below:

a. Ten percent (10%) of the emissions allowed by the permit for the emissions unit for which the change is requested, or

b. Twenty percent (20%) of the applicable definition of major source, or

c. Five (5) tons per year, whichever is least.

B. An application requesting the use of group processing procedures shall meet the requirements of § 29.9.1 of this Part. The application need only include such information as is relevant to the proposed modifications. In addition, the application shall include the following:

1. A description of each change, the emissions resulting from the changes and any new applicable requirement that will apply if the changes occur.

2. The stationary sources suggested draft permit.

3. Certification by a responsible official, consistent with § 29.9.1(B) of this Part, that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used.

4. A list of all of the stationary source's pending applications for minor permit modifications and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set in § 29.14.3(A)(2) of this Part.

5. Certification, consistent with § 29.9.1(B) of this Part, that the stationary source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification.

6. Completed forms for the Office of Air Resources to use to notify the EPA and affected States.

C. Following receipt of an application for a group processing, the Office of Air Resources shall notify the applicant of whether the application is complete. A complete application must provide all the information requested in § 29.14.3(B) of this Part as it pertains to the proposed modifications.

D. If the application for group processing is incomplete, the Office of Air Resources may deny the application or request additional information.

E. On a quarterly basis or within five (5) business days of receipt of an application demonstrating that the aggregate of a stationary source's pending applications equals or exceeds the threshold level set under § 29.14.3(A)(2) of this Part, whichever is earlier, the Office of Air Resources shall notify the EPA and affected States of the requested permit modifications.

F. EPA and affected States will then have forty-five (45) days from the receipt of such notice to notify the Office of Air Resources of any objection to, or comment on, the application. Such objection or comment shall be sent to the Office of Air Resources. The 45-day review period shall be presumed to begin three (3) days after the Office of Air Resources has mailed the notification to both the EPA and affected States, unless EPA demonstrates it received notice late, in which case it shall begin on the date of receipt.

G. The Office of Air Resources will not take final action on the application until after EPA's 45-day review period has concluded or until EPA has notified the Office of Air Resources that EPA will not object to the issuance of the permit modification, whichever is first.

H. Within one hundred eighty (180) days of receipt of a complete application for group processing of minor permit modifications under this section, or fifteen (15) calendar days after the end of EPA's 45-day review period whichever is later, the Office of Air Resources shall:

1. Issue the minor permit modification as proposed; or,

2. Deny the minor permit modification application; or,

3. Determine that the requested modifications do not meet the minor permit modification criteria and should be reviewed under the significant modifications procedures; or,

4. Revise the draft minor permit modification and transmit to the EPA the new proposed minor permit modification.

I. A copy of the final permit modification will be forwarded to the EPA. The Office of Air Resources shall, when submitting a revised permit to EPA, notify the EPA and any affected State of any refusal by the Office of Air Resources to accept all recommendations for the proposed permit that the affected state submitted during its review period. The notice shall include the Office of Air Resources" reasons for not accepting any such recommendation. EPA shall have forty-five (45) days following receipt of such notice to object to the permit modification. The Office of Air Resources is not required to accept any recommendations that are not based on applicable requirements or the requirements of 40 C.F.R. § 70.

J. If preconstruction permits are required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), for the modifications, the proposed changes may, at the stationary source's risk, be made as soon as all required preconstruction permits have been issued, but no sooner. If the stationary source elects to make such changes and until the Office of Air Resources issues its final determination in accordance with § 29.14.3(H) of this Part, the stationary source must comply with both applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the stationary source need not comply with the existing permit terms and conditions it seeks to modify. However, if the stationary source fails to comply with its proposed permit terms and conditions during the time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

K. If preconstruction permits are not required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), for the modifications, the proposed changes may, at the stationary source's risk, be made as soon as the application for group processing has been filed with the Office of Air Resources, but no sooner. If the stationary source elects to make such changes and until the Office of Air Resources issues its final determination in accordance with § 29.14.3(H) of this Part, the stationary source must comply with both applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the stationary source need not comply with the existing permit terms and conditions it seeks to modify. However, if the stationary source fails to comply with its proposed permit terms and conditions during the time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

L. The permit shield under § 29.10(K) of this Part shall not apply to group processing of minor permit modifications.

29.14.4Significant Permit Modifications

A. A permittee must apply for a significant permit modification if a proposed modification does not qualify as a minor permit modification or an administrative permit amendment. A significant permit modification shall include but not be limited to the following:

1. Any change that is considered a modification under any provision of 42 U.S.C. §§ 7401-7431 (CAA §§ 101-131), 42 U.S.C. §§ 7470-7492 (CAA §§ 160-169b), or 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193);

2. Every significant change in existing monitoring permit terms or conditions;

3. Every relaxation of reporting or recordkeeping permit terms or conditions.

B. Nothing herein shall be construed to preclude the permittee from making changes consistent with § 29.14.4 of this Part that would render existing permit compliance terms and conditions irrelevant.

C. An application for a significant modification may, at the applicant's discretion, be submitted simultaneously with the corresponding application for a preconstruction permit for the proposed change required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits). To be deemed timely, applications for significant permit modifications shall be submitted at least twelve (12) months prior to the planned startup of any emissions unit proposed to be modified or to be part of the modification.

D. Where the existing operating permit prohibits the significant permit modification, the stationary source shall obtain the significant permit modification before commencing operation.

E. Where the existing operating permit does not address or prohibit the significant permit modification and all required preconstruction permits have been issued following procedural requirements substantially equivalent to the requirements of § 29.13.2 of this Part, the stationary source can commence construction immediately after obtaining all preconstruction permits.

F. Where the existing operating permit does not address or prohibit the significant permit modification and all required preconstruction permits have been issued following procedural requirements that are not substantially equivalent to the requirements of § 29.13.2 of this Part, the stationary source shall obtain the significant permit modification before commencing operation.

G. An application requesting the use of significant permit modification procedures shall meet the requirements of § 29.9.1 of this Part. The application need only include such information as is relevant to the proposed modification. In addition, the application shall include the following:

1. A description of the change, the emissions resulting from the change and any new applicable requirements that will apply if the change occurs;

2. A proposed draft permit reflecting the proposed change;

3. Completed forms, available at the Office of Air Resources, for the Office of Air Resources to use to notify the EPA and affected States of the proposed change.

H. Significant permit modifications shall be processed following the procedures for initial permit issuance in § 29.13.2 of this Part.

I. The permit shield under § 29.10(K) of this Part shall apply to significant modifications obtained pursuant to the provisions of § 29.14.4 of this Part.

J. Notwithstanding the provisions of §§ 29.14.1 through 29.14.4 of this Part above, a permit revision is necessary for any change that is not addressed or prohibited by the operating permit, if such change is subject to any requirements under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416) or is a modification under any provision of Title I of the Act.

250 R.I. Code R. 250-RICR-120-05-29.14

Adopted effective 1/10/2019
Amended effective 4/9/2024