06-096 C.M.R. ch. 140, § 8 - Part 70 Section 502(b)(10) Change

A. Applicability

Section 502(b)(10) Changes are changes that contravene an express license term but do not include changes that would violate Applicable requirements or contravene federally enforceable license terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

Section 502(b)(10) Changes within a Part 70 source (or one operating pursuant to Section 503(d) of the CAA) may be made without requiring a license revision if the changes are not modifications under Section 5 of this chapter and the changes do not cause emissions in excess of the standards in the license (whether expressed therein as a rate of emissions or in terms of total emissions) and qualify as a 502 change of the CAA.

B. Schedule

The applicant may make a Section 502(b)(10) Change at any time during the term of a Part 70 license.

C. Notification

The facility must provide the Department and EPA with written notification of a Section 502(b) (10) Change a minimum of seven days in advance of the proposed changes.

D. Required Notification Information

(1) The application submission shall consist of a letter requesting the Section 502(b)(10) Change with the reason for the request, along with any relevant information for the change. The signatory statement signed by a responsible official pursuant to subsection 2(C) of this Chapter shall be included in the submittal.

(2) The application submission shall include verification that the proposed modification meets the criteria for use of a Section 502(b)(10) Change procedure and a request that such procedure be used.

E. Criteria for License Approval

Section 502(b)(10) changes must not be physical changes in, or changes in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted and the changes do not exceed the emissions allowable under the license (whether expressed therein as a rate of emissions or in terms of total emissions).

F. Draft Notification

Draft notification is not required for a Section 502(b)(10) Change.

Notes

06-096 C.M.R. ch. 140, § 8