8 CAR § 40-207. Permit amendments

(a) Administrative permit amendments. (1) An administrative permit amendment is a permit revision that: (A) Corrects a typographical error; (B) 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 source; (C) Requires more frequent monitoring or reporting by the permittee; (D) Incorporates a change in the permit involving the retiring of equipment or emission units or the decrease of permitted emissions from equipment or emission units; or (E) Incorporates a change to the facility’s insignificant activities list. (2) The Division of Environmental Quality shall revise the permit as expeditiously as practicable and may incorporate such revisions without providing notice to the public. (3) The applicant may implement the changes addressed in the request for an administrative amendment immediately upon approval. (b) Change in ownership. (1) Permits issued under this part shall remain freely transferable provided the applicant for the transfer: (A) Notifies the Director of the Division of Environmental Quality at least thirty (30) days in advance of the proposed transfer date on such forms as the director may reasonably require; and (B) Submits a disclosure statement in accordance with 8 CAR pt. 11, Administrative Procedures, or other such documents as required by the division. (2) The director may deny the issuance or transfer of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigation which he or she deems appropriate, that: (A) The applicant has a history of noncompliance with the environmental laws or rules of this state or any other jurisdiction; (B) An applicant which owns or operates other facilities in the state is not in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, the environmental laws or rules of this state; or (C) A person with a history of noncompliance with environmental laws or rules of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant which could have an impact upon the environment. (3) Public notice requirements shall not apply to changes in ownership or changes in name. (c) De minimis changes. (1) A proposed modification to a facility will be considered de minimis if: (A) Minimal judgment is required to establish the permit requirements for the modification; and (B) The modification will result in a trivial environmental impact. (2) The environmental impact of a proposed change generally will be considered trivial if the emission increase, based on the differences between the sum of the proposed permitted rates for all emission units and the sum of previously permitted emission rates for all units, will either: (A) Be less than the following amounts: (i) Seventy-five (75) tons per year of carbon monoxide; (ii) Forty (40) tons per year of: (a) Nitrogen dioxide; (b) Sulfur dioxide; or (c) Volatile organic compounds; (iii) One-half (0.5) ton per year of lead; (iv) Twenty-five (25) tons per year of particulate matter; (v) Ten (10) tons per year of direct PM2.5; and (vi) Fifteen (15) tons per year of PM10 emissions; or (B) Result in an air quality impact less than: Pollutant De Minimis Concentration Averaging Time carbon monoxide 500 µg/m3 8-hour nitrogen dioxide 10 µg/m3 annual PM2.5 2 µg/m3 24-hour PM10 8 µg/m3 24-hour sulfur dioxide 18 µg/m3 24-hour lead 0.1 µg/m3 3-month (3) The following changes will not be considered de minimis changes: (A) Any increase in the permitted emission rate at a stationary source without a corresponding physical change or change in the method of operation at the source; (B) Any change which would result in a violation of the Clean Air Act, 42 U.S.C. § 7401 et seq.; (C) Any change seeking to change a case-by-case determination of an emission limitation established pursuant to Best Available Control Technology (BACT), Section 112(g), Section 112(i)(5), Section 112(j), or Section 111(d) of the Clean Air Act, as amended, by February 15, 1999; (D) A change that would result in a violation of any provision of this part; (E) Any change in a permit term, condition, or limit that a source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (F) Any significant change or relaxation to existing testing, monitoring, reporting, or recordkeeping requirements; or (G) Any proposed change which requires more than minimal judgment to determine eligibility. (4)(A) A source may not submit multiple applications for de minimis changes that are designed to conceal a larger modification that would not be considered a de minimis change. (B) The division will require such multiple applications be processed as a permit modification with public notice and reconstruction requirements. (C) Deliberate misrepresentation may be grounds for permit revocation. (5) The applicant may implement de minimis changes immediately upon approval by the division. (6) The division shall revise the permit as expeditiously as practicable and may incorporate de minimis changes without providing notice to the public.