Iowa Admin. Code r. 567-22.112 - [Effective until 6/19/2024] Minor Title V permit modifications
(1) Minor Title V
permit modification procedures may be used only for those permit modifications
that satisfy all of the following:
a. Do not
violate any applicable requirement;
b. Do not involve significant changes to
existing monitoring, reporting, or record-keeping requirements in the Title V
permit;
c. Do not require or change
a case-by-case determination of an emission limitation or other standard, or an
increment analysis;
d. 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
in order to avoid an applicable requirement to which the source would otherwise
be subject. Such terms and conditions include any federally enforceable
emissions caps which the source would assume to avoid classification as a
modification under any provision of Title I of the Act; and an alternative
emissions limit approved pursuant to regulations promulgated under Section
112(i)(5) of the Act;
e. Are not
modifications under any provision of Title I of the Act; and
f. Are not required to be processed as a
significant modification under rule
567-22113.
(455B).
(2) An
application for minor permit revision shall be on the minor Title V
modification application form and shall include at least the following:
a. A description of the change, the emissions
resulting from the change, and any new applicable requirements that will apply
if the change occurs;
b. The
source's suggested draft permit;
c.
Certification by a responsible official, pursuant to subrule 22.107(4), that
the proposed modification meets the criteria for use of minor permit
modification procedures and a request that such procedures be used;
and
d. Completed forms to enable
the department to notify the administrator and affected states as required by
subrule 22.107(7).
(3)
The department shall notify the administrator and affected states within five
working days of receipt of a complete permit modification application.
Notification shall be in accordance with the provisions of subrule 22.107(7).
The department shall promptly send to the administrator any notification
required by subrule 22.107(7).
(4)
The director shall not issue a final Title V permit modification until after
the administrator's 45-day review period or until the administrator has
notified the director that the administrator will not object to issuance of the
Title V permit modification, whichever is first. Within 90 days of the
director's receipt of an application under the minor permit modification
procedures, or 15 days after the end of the administrator's 45-day review
period provided for in subrule 22.107(7), whichever is later, the director
shall:
a. Issue the permit modification as
proposed;
b. Deny the permit
modification application;
c.
Determine that the requested permit modification does not meet the minor permit
modification criteria and should be reviewed under the significant modification
procedures; or
d. Revise the draft
permit modification and transmit to the administrator the proposed permit
modification, as required by subrule 22.107(7).
(5) Source's ability to make change. The
source may make the change proposed in its minor permit modification
application immediately after it files the application. After the source makes
the change allowed by the preceding sentence, and until the director takes any
of the actions specified in paragraphs 22.112(4)"a" to"c," the
source must comply with both the applicable requirements governing the change
and the proposed permit terms and conditions. During this time, the source need
not comply with the existing permit terms and conditions it seeks to modify.
However, if the source fails to comply with its proposed permit terms and
conditions during this time period, the existing permit terms and conditions it
seeks to modify may be enforced against it.
(6) Permit shield. The permit shield under
subrule 22.108(18) shall not extend to minor Title V permit
revisions.
Notes
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