18 AAC 83.145 - Minor modification of permit

(a) With the consent of the permittee, the department may make minor modifications to a permit to make the corrections or allowances for changes in the permitted activity listed in this section, without following the procedures described in 18 AAC 83.115, 18 AAC 83.120, and 18 AAC 83.130. The following constitute minor modifications that the department may make under this section:

(1) correcting any typographical error;

(2) requiring more frequent monitoring or reporting by the permittee;

(3) changing an interim compliance date in a schedule of compliance, if the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

(4) allowing for a change in ownership or operational control of a facility if

(A) a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the department; and

(B) the department determines that no other change in the permit is necessary;

(5) changing the construction schedule for a discharger that is a new source; however, the change must not affect the discharger's obligation to have all pollution control equipment installed and in operation before commencing a discharge from the new source;

(6) making a change in a permit provision that will neither result in allowing an actual or potential increase in the discharge of a pollutant or pollutants into the environment nor result in a reduction in monitoring of a permit's compliance with applicable statutes and regulations;

(7) deleting a point source outfall when the discharge from that outfall is terminated without resulting in a discharge of pollutants from other outfalls except in accordance with permit limits;

(8) incorporating, as enforceable conditions of a POTW's permit, the conditions of a POTW pretreatment program that has been approved in accordance with the procedures in 40 C.F.R. 403.11, adopted by reference in 18 AAC 83.010, or a modification of a POTW pretreatment program that has been approved in accordance with the procedures in 40 C.F.R. 403.18, adopted by reference in 18 AAC 83.010.

(b) any permit modification not qualifying as a minor modification under this section must be made through the draft permit and public notice process as required in 18 AAC 83.115, 18 AAC 83.120, 18 AAC 83.130, and for cause as provided in 18 AAC 83.135.

Notes

18 AAC 83.145

Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

Authority:AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.050

AS 46.03.100

AS 46.03.110

AS 46.03.120