11 MAC Pt. 2, R. 6.2.A

(1)(c) of these regulations

Year: 2026Length: 965 wordsOfficial source

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
11 MAC Pt. 2, R. 6.2.A: (1)(c) of these regulations | Justis AI