17.13.130   Minor revisions for Class II or Class III permits.
   A.   Minor permit revision procedures shall be used for the following changes at a Class II or Class III source:
      1.   A change that triggers a new applicable requirement if all of the following apply:
         a.   For emissions units not subject to an emissions cap, the net emissions increase is less than the significant level defined in Section 17.04.340;
         b.   A case-by-case determination of an emission limitation or other standard is not required; and
         c.   The change does not require the source to obtain a Class I permit;
      2.   Increasing operating hours or rates of production above the permitted level unless the increase otherwise creates a condition that requires a significant permit revision;
      3.   A change in fuel from fuel oil or coal, to natural gas or propane, if not authorized in the permit;
      4.   A change that results in emissions subject to monitoring, recordkeeping, or reporting under Sections 17.13.020(A)(3), (A)(4), or (A)(5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;
      5.   A decrease in the emissions permitted under an emissions cap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and enforceable; and
      6.   Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency.
   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.   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.   The control officer shall follow the following timetable for action on an application for a minor permit revision:
      1.   Within sixty days of the control officer's receipt of an application for a revision of a Class II or Class III permit under this section, 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 permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures pursuant to Section 17.13.140; or
         d.   Revise and issue the proposed permit revision.
   E.   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 D, 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.
   F.   The permit shield under Section 17.11.080 shall not extend to minor permit revisions.
   G.   Notwithstanding any other part of this section, the control officer may require a permit to be revised under Section 17.13.140 for any change that, when considered together with any other changes submitted by the same source under this section or Section 17.13.110 over the life of the permit, or subsection A of this section.
   H.   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.