A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following:
1. Do not violate any applicable requirement;
2. Do not involve substantive 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 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 in order to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include:
a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the Act (Air Pollution Prevention and Control),
b. An alternative emissions limit approved under regulations promulgated under the Section 112(i)(5) of the Act (Hazardous Air Pollutants);
5. Are not modifications under any provision of Title I of the Act (Air Pollution Prevention and Control);
6. Are not changes in fuels not represented in the permit application or provided for in the permit;
7. The increase in the source's potential to emit any regulated air pollutant is not significant as defined in Section 17.04.340; and
8. Are not required to be processed as a significant revision under Section 17.12.120.
B. As approved by the control officer, minor permit revision procedures may be used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the administrator.
C. An application for minor permit revision shall be on the standard application form contained in Title 18, Chapter 2, Appendix 1 of the A.A.C. and 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. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested proposed permit;
3. Certification by a responsible official, consistent with standard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedures be used;
D. EPA and Affected State Notification. For Class I permits, within five working days of receipt of an application for a minor permit revision, the control officer shall notify the administrator and affected states of the requested permit revision in accordance with Section 17.12.060.
E. The control officer shall follow the following timetable for action on an application for a minor permit revision:
1. For Class I permits, the control officer shall not issue a final permit revision until after the administrator's forty-five-day review period or until the administrator has notified the control officer that the administrator will not object to issuance of the permit revision, whichever is first, although the control officer may approve the permit revision before that time. Within ninety days of the control officer's receipt of an application under minor permit revision procedures, or fifteen days after the end of the administrator's forty-five-day review period, whichever is later, the control officer shall do one or more of the following:
a. Issue the permit revision as proposed;
b. Deny the permit revision application;
c. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures in Section 17.12.120; or
d. Revise the proposed permit revision and transmit to the administrator the new proposed permit revision as required in Section 17.12.060.
F. The source may make the change proposed in its minor permit revision application immediately after it files the application. After the source makes the change allowed by the preceding sentence, and until the control officer takes any of the actions specified in subsection E, the source shall comply with both the applicable requirements governing the change and the proposed revised permit terms and conditions. During this time period, 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 revise may be enforced against it.
G. The permit shield under Section 17.11.080 shall not extend to minor permit revisions.
H. Notwithstanding any other part of this section, the control officer may require a permit to be revised under Section 17.12.120 for any change that, when considered together with any other changes submitted by the same source under this section over the life of the permit, do not satisfy subsection A for Class I sources.
I. The control officer shall make available to the public monthly summaries of all applications for minor revisions.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.255.