250 R.I. Code R. 250-RICR-150-10-1.24

Current through December 26, 2024

Section 250-RICR-150-10-1.24 - Modification, or Revocation and Reissuance of Permits

A. When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) a determination may be made by the Department as to whether cause exists including but not limited to causes as provided under §§ 1.24(B) and 1.24(C) of this Part, for modification, or revocation and reissuance of the permit. If cause exists, the Department may modify, or revoke and reissue the permit accordingly, subject to the limitations of § 1.23(C) of this Part, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision. The permit may be reissued for a new term. If a permit modification satisfies the criteria in § 1.26 of this Part for "minor modifications" the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and other procedural steps followed.

B. The following are causes for modification, but not revocation and reissuance of permits except when the permittee requests or agrees:

1. Alterations. There are material and substantial alterations or additions to the permitted facility, activity, or discharge which occurred after a permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

2. Information. The Department has received new information. Permits may be modified, or revoked and reissued during their terms for this cause only if the information (other than revised regulations, guidance, or test methods) was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance. For general permits, this cause shall include any information indicating that the cumulative effects on the environment are unacceptable.

3. New regulations or judicial decision. A permit or any condition thereof may be modified, or revoked and reissued after promulgation of new or amended water quality standards, effluent limitation guidelines by EPA, or by judicial decision, as follows:

a. If the permit or permit condition in question was based on a prior water quality standard or effluent limitations guidelines which has been altered or revoked; or

b. If a court of competent jurisdiction has remanded and stayed the new standards or regulations.

c. The procedures provided by § 1.37 of this Part for modification, or revocation and reissuance may be initiated by the Department or by any interested person (including the permittee) within 90 days of the new guideline or judicial remand. If such modification or revocation and reissuance is ordered, the Department may provide for a schedule of compliance in accordance with § 1.21 of this Part in order for the permittee to attain the new standards. If conditions of the permit are not contested, they shall go into effect notwithstanding the contesting of other conditions.

4. Compliance schedules. The Department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. However, in no case shall a RIPDES compliance schedule be modified to extend beyond an applicable statutory deadline. This does not preclude the Department from the revocation and reissuance of a compliance schedule for cause.

5. The Department may also modify a permit:

a. When the permittee has filed a timely request for a variance, or for "fundamentally different factors" under the Clean Water Act and the Department processes the request under the applicable provision of § 1.58 of this Part.

b. When required to incorporate an applicable toxic effluent standard or prohibition under 33 U.S.C. § 1317(a) (Section 307(a) of the Clean Water Act).

c. When required by the "reopener" conditions in a permit, which are established in the permit under § 1.16(A) of this Part (for toxic effluent limitations) or Rhode Island Pretreatment Regulations, Part 2 of this Subchapter.

d. Upon request of a permittee who qualifies for effluent limitations on a net basis.

e. When a discharger is no longer eligible for net limitations.

f. As necessary under 40 C.F.R. § 403.8(e), incorporated above at § 1.3(B) of this Part, or the Rhode Island Pretreatment Regulations Part 2 of this Subchapter (compliance schedule for development of pretreatment program).

g. Upon failure of the State to notify, as required by 33 U.S.C. § 1342(b)(3) (Section 402(b)(3) of the Clean Water Act), another state whose waters may be affected by a discharge from the State.

h. When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 C.F.R. § 125.3(c), incorporated above at § 1.3(B) of this Part.

i. When the permittee begins or expects to begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application.

j. To establish a "notification level" as provided in §§ 1.16(A) and 1.17(A) of this Part.

k. To modify a schedule of compliance to reflect the time lost during construction of an innovative or alternative facility, in the case of a POTW which has received a grant under 33 U.S.C. § 1282(a)(3) (Section 202(a)(3) of the Clean Water Act) for 100% of the costs to modify or replace facilities constructed with a grant for innovative and alternative wastewater technology under 33 U.S.C. § 1282(a)(2) (Section 202(a)(2) of the Clean Water Act). In no case shall the compliance schedule be modified to extend beyond an applicable Clean Water Act statutory deadline for compliance.

l. To include a plan or compliance schedule for the disposal of septage or sludge in accordance with Rhode Island Rules and Regulations for Sewage Sludge Management, Part 3 of this Subchapter.

m. For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures as specified in § 1.32(E)(1)(b) of this Part when:

(1) The permit does not include such measure(s) based upon the determination that another entity was responsible for implementation of the requirement(s); and

(2) The other entity fails to implement the measure(s) that satisfy the requirement(s).

6. When the discharger has installed the treatment technology considered by the permit writer in setting effluent limitations imposed under 33 U.S.C. § 1342(a)(1) (Section 402(a)(1) of the Clean Water Act) and has properly operated and maintained the facilities but nevertheless has been unable to achieve those effluent limitations. In this case, the limitations in the modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by a subsequently promulgated effluent limitations guideline).

7. Nutrient Management Plans. The incorporation of the terms of a CAFO's nutrient management plan into the terms and conditions of a general permit when a CAFO obtains coverage under a general permit is not a cause for modification pursuant to the requirements of this section.

8. Land application plans. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan.

C. Cause for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:

1. Cause exists for termination under § 1.25 of this Part and the Department determines that modification or revocation and reissuance is appropriate.

2. The Department has received notification of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the effective date of an automatic transfer but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

250 R.I. Code R. 250-RICR-150-10-1.24