Section 703.283  Class 3 Modifications

a)         For Class 3 modifications, listed in Appendix A, the permittee must submit a modification request to the Agency that does the following:

1)         Describes the exact change to be made to the permit conditions and supporting documents referenced by the permit;

2)         Identifies that the modification is a Class 3 modification;

3)         Explains why the modification is needed; and

4)         Provides the applicable information required by Section 703.181 through 703.187, 703.201 through 703.209, 703.221 through 703.225, 703.230, and 703.232.

b)         The permittee must send a notice of the modification request to all persons on the facility mailing list maintained by the Agency and to the appropriate units of State and local government, as specified in 35 Ill. Adm. Code 705.163(a)(5), and must publish this notice in a newspaper of general circulation in the county in which the facility is located. This notice must be mailed and published within seven days before or after the date of submission of the modification request, and the permittee must provide to the Agency evidence of the mailing and publication. The notice must include the following:

1)         Announcement of a 60-day comment period, in accordance with subsection (e), and the name and address of an Agency contact to whom comments must be sent;

2)         Announcement of the date, time, and place for a public meeting held in accordance with subsection (d);

3)         Name and telephone number of the permittee's contact person;

4)         Name and telephone number of an Agency contact person;

5)         Locations where copies of the modification request and any supporting documents can be viewed and copied; and

6)         The following statement: "The permittee's compliance history during the life of the permit being modified is available from the Agency contact person".

c)         The permittee must place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility.

d)         The permittee must hold a public meeting no earlier than 15 days after the publication of the notice required in subsection (b) and no later than 15 days before the close of the 60-day comment period. The meeting must be held to the extent practicable in the vicinity of the permitted facility.

e)         The public must be provided 60 days to comment on the modification request. The comment period will begin on the date the permittee publishes the notice in the local newspaper. Comments must be submitted to the Agency contact identified in the public notice.

f)         After the conclusion of the 60-day comment period, the Agency must grant or deny the permit modification request, according to the permit modification procedures of 35 Ill. Adm. Code 705. In addition, the Agency must consider and respond to all significant written comments received during the 60-day comment period.

BOARD NOTE:  Derived from 40 CFR 270.42(c) (2017).

(Source:  Amended at 42 Ill. Reg. 20993, effective November 19, 2018)