Causes for modification. The following are
causes for modification but not revocation and reissuance of state permits
except when the state permittee requests or agrees.
1. There are material and substantial
alterations or additions to the permitted facility or activity that occurred
after state permit issuance that justify the application of state permit
conditions that are different or absent in the existing state permit.
2. The department has received new
information. State permits may be modified during their terms for this cause
only if the information was not available at the time of state permit issuance
(other than revised regulations, guidance, or test methods) and would have
justified the application of different state permit conditions at the time of
issuance. For general permits this cause includes any information indicating
that cumulative effects on the environment are unacceptable. For new source or
new discharger state permits this cause shall include any significant
information derived from effluent testing required on the state permit
application after issuance of the state permit.
The standards or regulations on which the
state permit was based have been changed by promulgation of amended standards
or regulations or by judicial decision after the state permit was issued. State
permits may be modified during their terms for this cause only as follows:
For promulgation of amended standards or
(1) The state permit
condition requested to be modified was based on a promulgated effluent
limitation guideline, EPA approved or promulgated water quality
(2) EPA has revised,
withdrawn, or modified that portion of the regulation or effluent limitation
guideline on which the state permit condition was based, or has approved a
state action with regard to a water quality standard on which the state permit
condition was based; and
state permittee requests modification in accordance with this chapter within 90
days after Federal Register notice of the action on which the request is
b. For judicial
decisions, a court of competent jurisdiction has remanded and stayed EPA
promulgated regulations or effluent limitation guidelines, if the remand and
stay concern that portion of the regulations or guidelines on which the state
permit condition was based and a request is filed by the state permittee in
accordance with this chapter within 90 days of judicial remand; or
c. For changes based upon modified state
certifications of state permits.
4. The department determines good cause
exists for modification of a compliance schedule, such as an act of God,
strike, flood, or materials shortage or other events over which the state
permittee has little or no control and for which there is no reasonably
available remedy. However, in no case may a compliance schedule be modified to
extend beyond an applicable CWA statutory deadline.
When the state permittee has filed a
request for a variance pursuant to
G within the time specified in this chapter.
6. When required to incorporate an applicable
CWA § 307(a) toxic effluent standard or prohibition.
When required by the reopener conditions
in a state permit that are established under
8. Upon failure to notify
another state whose waters may be affected by a discharge.
9. When the level of discharge of any
pollutant that is not limited in the state permit exceeds the level that can be
achieved by the technology-based treatment requirements appropriate to the
To establish a
notification level as provided in
11. To correct technical
mistakes, such as errors in calculation, or mistaken interpretations of law
made in determining state permit conditions.
12. When the discharger has installed the
treatment technology considered by the state permit writer in setting effluent
limitations imposed under the Act and § 402(a)(1) of the CWA and has
properly operated and maintained the facilities but nevertheless has been
unable to achieve those effluent limitations. In this case, the limitations in
the modified state permit may reflect the level of pollutant control actually
achieved (but shall not be less stringent than required by a subsequently
promulgated effluent limitations guideline).
For a small MS4, to include an effluent
limitation requiring implementation of a minimum control measure or measures as
D 2 when:
a. The state permit does not
include such measures based upon the determination that another entity was
responsible for implementation of the requirements; and
b. The other entity fails to implement
measures that satisfy the requirements.
Causes for modification or revocation and
reissuance. The following are causes to modify or, alternatively, revoke and
reissue a state permit:
Cause exists for
and the department determines that modification or revocation and reissuance is
2. The department
has received notification of a proposed transfer of the state permit. A state
permit also may be modified to reflect a transfer after the effective date of
an automatic transfer but will not be revoked and reissued after the effective
date of the transfer except upon the request of the new state