11 MAC Pt. 2, R. 6.2.A
(1)(c) of these regulations
Cite as 11 Miss. Admin. Code Pt. 2, R. 6.2.A
(1)(c) of these regulations.
D.
Administrative permit amendments.
(1)
An "administrative permit amendment" is a permit revision that revises a permit
as follows:
(a)
corrects typographical errors;
(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; and,
(d)
allows for a change in ownership or operational control of a source in
accordance with Rule 6.4.D(4).
(2)
Administrative permit amendments for purposes of the acid rain portion of the
permit shall be governed by regulations promulgated under Title IV of the Federal
Act.
(3)
Administrative permit amendment procedures. Any administrative permit
amendment except for change in ownership or operational control may be made
by the DEQ consistent with the following:
(a)
The DEQ shall take no more than 60 days from receipt of a request for an
administrative permit amendment to take final action on such request, and
may incorporate such changes without providing notice to the public or
Affected State(s) provided that it designates any such permit revisions as
having been made pursuant to this paragraph.
(b)
The DEQ shall submit a copy of the revised permit to the Administrator.
(c)
The source may implement the changes addressed in the request for an
administrative amendment immediately upon submittal of the request.
(4)
Permit Transfer. An administrative permit amendment may be made by the
Permit Board authorizing changes in ownership or operational control consistent
with the following:
(a)
the Permit Board shall take action within 60 days after receipt of a
completed request for a permit transfer, unless a public hearing is
scheduled. The Permit Board may incorporate such changes without
providing notice to the public or affected State(s) provided that it
designates any such permit revision as having been made pursuant to this
paragraph.
(b)
A permit transfer shall be approved upon satisfaction of the following:
(1)
the applicant for transfer approval can demonstrate to the Permit
Board it has the financial resources, operational expertise and
environmental compliance history over the last five years to insure
compliance with the terms and conditions of the permit to be
transferred except where this conflicts with State Law, and
(2)
the Permit Board 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
DEQ.
(c)
The DEQ shall submit a copy of the revised permit to the Administrator.
E.
Permit Modification. A permit modification is any revision to a Title V permit that
cannot be accomplished under the program's provisions for administrative permit
amendments under Rule 6.4.D. A permit modification for purposes of the acid rain
portion of the permit shall be governed by regulations promulgated under Title IV of the
Federal Act.
(1)
Minor permit modification procedures.
(a)
Minor permit modification procedures may be used only for those permit
modifications that satisfy the following:
(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 or other standard, or a source-specific
determination for temporary sources of ambient impacts, or a
visibility or increment analysis;
(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 source has assumed to avoid an
applicable requirement to which the source would otherwise be
subject. Such terms and conditions include the following:
(i)
a federally enforceable emissions cap assumed to avoid
classification as a modification under any provision of Title
I; and
(ii)
an alternative emissions limit approved pursuant to
regulations promulgated under Section 112(i)(5) of the
Federal Act;
(5)
are not modifications under any provision of Title I of the Federal
Act; and
(6)
are not required by Commission regulations to be processed as a
significant modification.
(b)
Notwithstanding other paragraphs of this rule, 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 an applicable implementation
plan or in applicable requirements promulgated by EPA.
(c)
Application. An application requesting the use of minor permit
modification procedures shall meet the requirements of Rule 6.2.C of
these regulations and 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)
the source's suggested draft permit;
(3)
certification by a responsible official, 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 for the DEQ to use to notify the Administrator
and Affected State(s) as required under Rule 6.5.
(d)
EPA and Affected State(s) notification. Within 5 working days of receipt
of a complete permit modification application, the DEQ shall notify the
Administrator and Affected State(s) of the requested permit modification.
The DEQ shall promptly send any notice required to the Administrator.
(e)
Timetable for issuance. The Permit Board may not issue a final permit
modification until after EPA's 45-day review period or until EPA has
notified the DEQ that EPA will not object to issuance of the permit
modification, whichever is first, although the Permit Board can approve
the permit modification prior to that time. Within 90 days of the DEQ's
receipt of an application under minor permit modification procedures or
15 days after the end of the Administrator's 45-day review period under