Section 703.281  Class 1 Modifications

a)         Except as provided in subsection (a)(2) of this Section, the permittee may put into effect Class 1 modifications listed in Appendix A under the following conditions:

1)         The permittee must notify the Agency concerning the modification by certified mail or other means that establish proof of delivery within 7 calendar days after the change is put into effect. This notice must specify the changes being made to permit conditions or supporting documents referenced by the permit and must explain why they are necessary. Along with the notice, the permittee must provide the applicable information required by Section 703.181 through 703.185, 703.201 through 703.207, 703.221 through 703.225, and 703.230.

2)         The permittee must send a notice of the modification to all persons on the facility mailing list, maintained by the Agency in accordance with 35 Ill. Adm. Code 705.163(a)(4), and the appropriate units of State and local government, as specified in 35 Ill. Adm. Code 705.163(a)(5). This notification must be made within 90 calendar days after the change is put into effect. For the Class 1 modifications that require prior Agency approval, the notification must be made within 90 calendar days after the Agency approves the request.

3)         Any person may request the Agency to review, and the Agency must for cause reject, any Class 1 modification. The Agency must inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been rejected, the permittee must comply with the original permit conditions.

b)         Class 1 permit modifications identified in Appendix A by an asterisk must be made only with the prior written approval of the Agency.

c)         For a Class 1 permit modification, the permittee may elect to follow the procedures in Section 703.282 for Class 2 modifications instead of the Class 1 procedures. The permittee must inform the Agency of this decision in the notice required in Section 703.282(b)(1).

BOARD NOTE:  Derived from 40 CFR 270.42(a) (2002).

(Source:  Amended at 27 Ill. Reg. 3496, effective February 14, 2003)