N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-11.1 - Permit modifications requested by Permittee

(a) An application by the permittee to modify an existing permit including an approved compliance filing shall contain:

(1) A statement, including supporting information, setting forth the proposed permit or approved compliance filing modifications, identifying the existing condition(s) the permittee is requesting to be modified and whether the permittee considers such change to be a minor or major modification; and

(2) A statement that there are no outstanding permit violations at the facility.

(b) The Office shall review the request and inform the permittee with thirty (30) days as to its determination as to whether such changes constitute a minor modification to be processed by the Office or a major modification subject to subdivision (c) of this section.

(c) Major Modifications.

(1) A request for a major modification to an existing permit or an approved compliance filing shall be noticed, filed and served in the same manner as an application.

(2) A major modification to the permit or approved compliance filing may require the permittee to supplement the local agency account to the extent that the permittee is seeking to increase the base nameplate capacity of the facility.

(3) Major modifications shall be subject to a minimum sixty (60) day public comment period in which comments regarding the proposed modification will be accepted by the Office. In determining whether a major modification should be approved, the Office shall only accept and consider comments with respect to the changes proposed by the permittee.

(4) The permittee shall provide a response to public comments within fifteen (15) days of close of the public comment period.

(5) Major modifications may be subject to an adjudicatory hearing pursuant to Subpart 1100-8 of this Part. Such hearing would be limited to only those changes proposed by the permittee for which significant and substantive issues have been identified.

(6) The Office shall mail to the permittee a decision in the form of a modified permit, revised compliance filing requirement, or a statement that the major permit modification applied for has been denied, with an explanation for the denial.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.1

Transferred from 900-11.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024