(Reference 40 C. F. R. 70. 7(e)(2) "minor permit
modification procedures"). "Part 70 Minor License Modification" means a
modification to a Part 70 license which may be used only for those license
changes that:
A. Do not violate any
Applicable requirement;
B. Do not
involve a Part 70 Significant License Modification to existing monitoring,
testing, reporting, or recordkeeping requirements in the license;
C. 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;
D. Do not seek
to establish or change a Part 70 license 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:
(1) A federally enforceable emissions cap
assumed to avoid classification as a Title I modification or a modification or
reconstruction under any provision of Section
111 or
112 of the CAA; and
(2) An alternative emissions limit approved
pursuant to regulations promulgated under section
112(i)(5) of the
CAA;
E. Are not Title I
modification or a modification or reconstruction under any provision of Section
111, or
112 of the CAA; and
F. Are not required by the Department to be
processed under Part 70 Significant License Modification procedures.
Notwithstanding A through F, Part 70 Minor License
Modification procedures may be used for license modifications involving the use
of economic incentives, marketable licenses, emission transfers, and other
similar approaches, to the extent that such Part 70 Minor License Modification
procedures are explicitly provided for in an applicable implementation plan or
in Applicable requirements promulgated by EPA.
