(a) Deadlines for permit or authorization modification application. The owner or operator of any point source within the state who proposes a major modification to an existing permit or a modification to an authorization must file a complete application form with the administrator either 1) no less than 180 days in advance of the date on which it is desired to change or alter the discharge unless otherwise approved by the administrator; or 2) in sufficient time prior to the alteration of the discharge to insure compliance with the requirements of Section 306 of the CWA, or with any applicable zoning or siting requirements established pursuant to Section 208(b) (2) (c) of the CWA, and any other applicable water quality standards and limitations. In any event, no person shall change or alter the conditions of a permitted discharge without having obtained a modification from the department and no modification shall be issued without full compliance by the permittee with all requirements of these regulations.
(b) Modification application requirements. An application for modification of an existing permit or authorization shall identify any changes or additions to the information, listed in Section 5(a) (v) or Section 4(m), (n) or (o), that was provided in the application form or additional requested information for the permit most recently noticed.
(c) Request for modification. Permits or authorizations may be modified, revoked and reissued, or terminated either at the request of any interested person or upon the administrator's initiative. However, permits or authorizations may only be modified, revoked and reissued, or terminated for the reasons specified in Sections 12 and 13. All requests shall be in writing and shall contain facts or reasons supporting the request.
(d) Reasons for permit modification. A permit may be modified in whole or in part when: - (i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
- (ii) The administrator has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified different permit conditions at the time of issuance, including information derived from effluent testing required under Section 5(c) (v). This provision allows modification of a permit to include conditions that may be less stringent than the existing permit to the extent allowed under Section 12(d) (iii).
- (iii) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows:
- (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, secondary treatment regulations specified in Appendix E, or water quality standard; and
- (B) EPA or the department has revised, withdrawn, or modified that portion of the federal regulation on which the permit condition was based, or the Environmental Quality Council has approved a revised water quality standard or effluent limitation on which the permit condition was based; and
- (C) The permittee requests modification as required in this regulation, within 90 days after the notice of final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified or upon the administrator's initiative; or
- (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this regulation, within 90 days of judicial remand.
- (iv) The administrator determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy.
- (v) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to Section 307(a) of the CWA.
- (vi) When required by the reopener conditions in the permit.
- (vii) 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 facility.
- (viii) To establish a pollutant notification level required in Section 5(c) (i) (B), (W), (X), (Y) or Appendix B.
- (ix) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to the extent allowed in Section 5(c) (iii) (M).
- (x) Discharge volume will increase above what was described in the most current application or permit.
- (xi) Outfalls will be added, deleted or moved.
- (xii) The receiving surface waters of the state will change from what was described in the most current application.
- (xiii) The time of discharge will be changed where seasonal or time-limited conditions for discharge may be established.
- (xiv) The administrator 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 may a WYPDES compliance schedule be modified to extend beyond an applicable CWA statutory deadline.
- (xv) When a discharger is no longer eligible for net limitations, as provided in Section 5(c) of these regulations.
- (xvi) 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 Section 202(a) (3) of the CWA for 100 percent of the costs to modify or replace facilities constructed with a grant for innovative and alternative wastewater technology under Section 202(a) (2). In no case shall the compliance schedule be modified to extend beyond an applicable CWA statutory deadline for compliance.
- (xvii) For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures specified in Section 6 of these regulations when:
- (I) The permit does not include such measure(s) based upon the determination that another entity was responsible for implementation of the requirements(s); and
- (II) The other entity fails to implement measure(s) that satisfy the requirement(s).
- (xviii) Cause exists for termination under Section 13 of these regulations, and the administrator determines that modification or revocation and reissuance is appropriate.
- (xix) Other changes to information described in Section 5(c) (i) (B).
- (xx) When a downstream state was not properly notified of a proposed permit.
(e) Reasons for authorization modification. An authorization may be modified in whole or in part when: - (i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after issuance of an authorization.
- (ii) The administrator has received new information which was not available at the time of permit issuance.
- (iii) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining authorization conditions.
- (iv) Discharge volume will increase above what was described in the most current application or authorization.
- (v) Conditions described in Section 12(d) (v) through (vii) and (xiii) exist.
- (vi) For a small MS4, to include an effluent limitation requiring implementation of a minimum control measure or measures specified in Section 6 of these regulations when:
- (A) The authorization does not include such measure(s) based upon the determination that another entity was responsible for implementation of the requirements(s); and
- (B) The other entity fails to implement measure(s) that satisfy the requirement(s).
(f) Permit revocation and reissuance. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
(g) Processing procedures for major modifications. Major modifications for permits and authorizations will be subjected to the processing procedures described in Sections 4, 5 and 6 of these regulations.
(h) Processing procedures for minor modifications. Minor modifications to permits and authorizations shall not be subject to the processing procedures of Sections 4, 5 and 6. Minor modifications to permits and authorizations will be processed according to the following procedures: - (i) Where a modification to an individual permit is initiated by the permittee, notification that the modification has been incorporated into the permit will be provided to the permittee within 30 days of the permittee's submittal of a complete application for modification to the administrator;
- (ii) Where an application for modification to an authorization is submitted by the permittee and the administrator determines that the modification can be authorized, a revised authorization reflecting the modification will be provided to the permittee within 30 days of the permittee's submittal of a complete notice of intent for modification to the department, or as described in the general permit under which coverage is provided;
- (iii) Where an application for modification to an authorization is submitted by the permittee and the administrator determines that the modification can not be authorized, a notification shall be provided to the permittee of such determination within 30 days of the permittee's submittal of a complete notice of intent for modification to the department, or as described in the general permit under which coverage is provided.
(i) Conditions subject to modification. When a permit is modified, only the conditions subject to modification are reopened. The term of the modified permit will not be extended beyond the term of the permit being modified.
(j) No stay of permit conditions. The filing of a request by the permittee for a permit modification does not stay any permit condition.
(k) Antibacksliding. All effluent permit modifications and reissuances are subject to the antibacksliding provisions set forth in Section 5(c) (iii) (M).
(l) Draft permits and authorization notification. For major modifications to permits, the administrator will prepare a summary describing the proposed modification(s). Copies of the modification summary will be provided to permittees for review at the time of public notice. For modifications to authorizations, copies of the issued authorizations will be provided to permittees within ten (10) days of issuance.
(m) Denial of permit or authorization modification requests. Except for denial based upon incompleteness of an application, if the director proposes to deny issuance of a permit or authorization modification, the applicant shall be notified by registered or certified mail of the intent to deny and the reason for denial.
020-2 Wyo. Code R. § 2-12