| (a) Amendments generally. A change in a term, condition,
or provision of a permit requires an amendment, except corrections
to permits under subsection (c)(2)(A) of this section and permit transfers
under §318.8 of this title (relating to Other Permit Actions).
(b) Application for amendment. An application for amendment
shall include all requested changes to the permit. Information sufficient
to review the application shall be submitted in the form and manner
and under the procedures specified in §318.3 of this title (relating
to Application Requirements). The application shall include a statement
describing the reason for the requested changes.
(c) Types of amendments.
(1) A major amendment is an amendment that changes
a substantive term, provision, requirement, or a limiting parameter
of a permit.
(2) A minor amendment is an amendment to improve or
maintain the permitted quality or method of disposal of treated marine
seawater or wastewater if there is neither a significant increase
of the quantity of treated marine seawater or wastewater to be discharged
nor a material change in the pattern or place of discharge. A minor
amendment includes any other change to a permit issued under this
chapter that will not cause or relax a standard or criterion which
may result in a potential deterioration of quality of water in the
state. A minor amendment may also include, but is not limited to:
(A) correcting typographical errors;
(B) changing an interim compliance date in a schedule
of compliance, provided 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;
(C) requiring more frequent monitoring or reporting
by the permittee;
(D) changing the construction schedule for a discharger.
No such change shall affect a discharger's obligation to have all
pollution control equipment installed and in operation before discharge;
and
(E) deleting an outfall when the discharge from that
outfall is terminated and does not change the discharge from other
outfalls except within permit limits.
(d) Good cause for amendments. If good cause exists,
the executive director may initiate and the commission may order a
major amendment, minor amendment, or minor modification to a permit
and the executive director may request an updated application if necessary.
Good cause includes, but is not limited to:
(1) there are material and substantial changes to the
permitted facility or activity which justify permit conditions that
are different or absent in the existing permit;
(2) information, not available at the time of permit
issuance, is received by the executive director, justifying amendment
of existing permit conditions;
(3) the standards or regulations on which the permit
or a permit condition was based have been changed by statute, through
promulgation of new or amended standards or regulations, or by judicial
decision after the permit was issued; or
(4) an act of God, strike, flood, material shortage,
or other event over which the permittee has no control and for which
there is no reasonably available alternative may be determined to
constitute good cause for amendment of a compliance schedule.
(e) Amendment initiated by the executive director.
If the executive director determines to amend a permit, notice of
the determination stating the reason for the amendment and a copy
of a proposed amendment draft shall be mailed, by United States Postal
Service or electronic mail, to the permittee at the last address of
record with the commission.
(f) Amendment initiated permit expiration. The existing
permit will remain effective and will not expire until commission
action on the application for amendment is final. The commission may
extend the term of a permit when taking action on an application for
amendment.
(g) Amendment application with renewal. An application
for a major amendment to a permit may include a request for a renewal
of the permit.
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