Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1361 - MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) When the department receives any
				information (for example, inspects the facility, receives information submitted
				by the permittee as required in the permit (see ARM
				17.30.1342), receives a request
				for modification or revocation and reissuance under ARM
				17.30.1365, or conducts a review
				of the permit file) it may determine whether or not one or more of the causes
				listed in (2) and (3) for modification or revocation and reissuance or both
				exist. If cause exists, the department may modify or revoke and reissue the
				permit accordingly, subject to the limitations of ARM
				17.30.1365(4)
				(c), and may request an updated application
				if necessary. When a permit is modified, only the conditions subject to
				modification are reopened. If a permit is revoked and reissued, the entire
				permit is reopened and subject to revision and the permit is reissued for a new
				term. See ARM
				17.30.1365(4)
				(b). If cause does not exist under this rule
				or ARM 17.30.1362, the department may not
				modify or revoke and reissue the permit. If a permit modification satisfies the
				criteria in ARM
				17.30.1362 for "minor
				modifications" the permit may be modified without a draft permit or public
				review. Otherwise, a draft permit must be prepared and other procedures in ARM
				17.30.1364, 17.30.1365, 17.30.1370
				through 17.30.1379, 17.30.1383, and 17.30.1384 followed.
(2) The following are causes for modification
				but not revocation and reissuance of permits except when the permittee requests
				or agrees:
(a) when there are material and
				substantial alterations or additions to the permitted facility or activity that
				occurred after permit issuance which justify the application of permit
				conditions that are different or absent in the existing permit. Certain
				reconstruction activities may cause the new source provisions of ARM
				17.30.1340 to be
				applicable;
(b) when the department
				receives new information that was not available at the time of permit issuance.
				Permits may be modified during their terms for this cause only if the
				information was not available at the time of permit issuance (other than
				revised regulations, guidance, or test methods) and would have justified the
				application of different permit conditions at the time of issuance. For MPDES
				general permits (ARM
				17.30.1341) this subsection
				includes any information indicating that cumulative effects on the environment
				are unacceptable. For new source or new discharger MPDES permits (ARM
				17.30.1340), this subsection includes any significant information derived from
				effluent testing after issuance of the permit;
(c) when the standards or requirements on
				which the permit was based have been changed by amendment or by judicial
				decision after the permit was issued. Permits may be modified during their
				terms for this cause only as follows:
(i) for
				promulgation of amended standards or requirements, when:
(A) the permit condition requested to be
				modified was based on a duly adopted effluent limitation guideline, water
				quality standards, or the secondary treatment regulations under 40 CFR Part 133
				; and
(B) the department has
				revised, withdrawn, or modified that portion of the regulation or effluent
				limitation guideline on which the permit condition was based, or changed a
				water quality standard on which the permit condition was based; and
(C) a permittee requests modification in
				accordance with ARM
				17.30.1365 within 90 days of the
				final action on which the request is based.
(ii) for judicial decisions, a court of
				competent jurisdiction has remanded and stayed department rules or effluent
				limitation guidelines, if the remand and stay concern that portion of the
				regulations or guidelines on which the permit condition was based and a request
				is filed by the permittee in accordance with ARM
				17.30.1365 within 90 days of
				judicial remand;
(d)
				when 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 permittee has little or no control and
				for which there is no reasonably available remedy. However, in no case may an
				MPDES compliance schedule be modified to extend beyond an applicable reasonably
				available remedy. However, in no case may an MPDES compliance schedule be
				modified to extend beyond an applicable statutory deadline. (See also ARM
				17.30.1362(1)(c)
				minor modifications);
(e) when the
				permittee has filed a request for a variance under the federal Clean Water Act,
				sections 301(c), (g), (h), (i), (k), or 316(a), or for "fundamentally different
				factors" within the time specified in ARM
				17.30.1322 or
				40 CFR
				125.27(a);
(f) when required to incorporate an
				applicable federal Clean Water Act section 307(a) toxic effluent standard or
				prohibition (see ARM
				17.30.1344(2));
(g) when required by the "reopener"
				conditions in a permit, which are established in the permit under ARM
				17.30.1344(2)
				(toxic effluent limitations) or under any pretreatment requirements in the
				permit;
(h) upon request of a
				permittee who qualifies for effluent limitations on a net basis under ARM
				17.30.1345(10) or
				when a discharger is no longer eligible for net limitations, as provided in ARM
				17.30.1345(12);
(i) as necessary under ARM
				17.30.1412 (compliance schedule
				for development of pretreatment program);
(j) upon failure of the department to notify,
				as required by section 402(b)(3) of the federal Clean Water Act, another state
				whose waters may be affected by a discharge from Montana;
(k) when the level of discharge of any
				pollutant which is not limited in the permit exceeds the level which can be
				achieved by the technology-based treatment requirements appropriate to the
				permittee under 40 CFR
				125.3(c);
(l) to establish a "notification level" as
				provided in ARM 17.30.1344;
(m) to
				modify a schedule of compliance to reflect the time lost during construction of
				an innovative or alternative facility, in the case of a POTW which has received
				a grant under section 202(a)(3) of the federal Clean Water Act for 100% of the
				costs to modify or replace facilities constructed with a grant for innovative
				and alternative wastewater technology under section 202(a)(2) of the federal
				Clean Water Act. In no case may the compliance schedule be modified to extend
				beyond an applicable statutory deadline for compliance;
(n) for small municipal separate storm sewer
				systems, to include effluent limitations requiring implementation of minimum
				control measures as specified in ARM
				17.30.1111(6) if:
(i) the permit does not include such measures
				based upon the determination that another entity was responsible for
				implementation of the requirements; and
(ii) the other entity fails to implement
				measures that satisfy the requirements;
(o) to correct technical mistakes, such as
				errors in calculation, or mistaken interpretations of law made in determining
				permit conditions; and
(p) when the
				discharger has installed the treatment technology considered by the department
				in setting effluent limitations 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 permit may reflect
				the level of pollutant control actually achieved (but may not be less stringent
				than required by a subsequently promulgated effluent limitations
				guideline).
(q) To incorporate the
				terms of a concentrated animal feeding operation's (CAFO) nutrient management
				plan into the terms and conditions of a general permit, when a CAFO obtains
				coverage under a general permit in accordance with
				40 CFR
				122.23(h) and
				122.28, is not a cause for
				modification pursuant to the requirements of this rule.