Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-12 - Permit or Authorization Modifications

Current through July 13, 2024
(a) Deadlines
				for permit or authorization modification application. The owner or operator of
				any point source within the state who proposes a major modification to an
				existing permit or a modification to an authorization must file a complete
				application form with the administrator either 1) no less than 180 days in
				advance of the date on which it is desired to change or alter the discharge
				unless otherwise approved by the administrator; or 2) in sufficient time prior
				to the alteration of the discharge to insure compliance with the requirements
				of Section 306 of the CWA, or with any applicable zoning or siting requirements
				established pursuant to Section 208(b) (2) (c) of the CWA, and any other
				applicable water quality standards and limitations. In any event, no person
				shall change or alter the conditions of a permitted discharge without having
				obtained a modification from the department and no modification shall be issued
				without full compliance by the permittee with all requirements of these
				regulations.
(b) Modification
				application requirements. An application for modification of an existing permit
				or authorization shall identify any changes or additions to the information,
				listed in Section
				5(a)
				(v) or Section
				4(m), (n) or
				(o), that was provided in the application
				form or additional requested information for the permit most recently
				noticed.
(c) Request for
				modification. Permits or authorizations may be modified, revoked and reissued,
				or terminated either at the request of any interested person or upon the
				administrator's initiative. However, permits or authorizations may only be
				modified, revoked and reissued, or terminated for the reasons specified in
				Sections
				12 and
				13. All requests shall be in writing and
				shall contain facts or reasons supporting the request.
(d) Reasons for permit modification. A permit
				may be modified in whole or in part when:
(i)
				There are material and substantial alterations or additions to the permitted
				facility or activity which occurred after permit issuance which justify the
				application of permit conditions that are different or absent in the existing
				permit.
(ii) The administrator has
				received new information which was not available at the time of permit issuance
				(other than revised regulations, guidance, or test methods) and which would
				have justified different permit conditions at the time of issuance, including
				information derived from effluent testing required under Section
				5(c)
				(v). This provision allows modification of a
				permit to include conditions that may be less stringent than the existing
				permit to the extent allowed under Section
				12(d)
				(iii).
(iii) The standards or regulations on which
				the permit was based have been changed by promulgation of amended standards or
				regulations or by judicial decision after the permit was issued. Permits may be
				modified during their terms for this cause only as follows:
(A) The permit condition requested to be
				modified was based on a promulgated effluent limitation guideline, secondary
				treatment regulations specified in Appendix E, or water quality standard;
				and
(B) EPA or the department has
				revised, withdrawn, or modified that portion of the federal regulation on which
				the permit condition was based, or the Environmental Quality Council has
				approved a revised water quality standard or effluent limitation on which the
				permit condition was based; and
(C)
				The permittee requests modification as required in this regulation, within 90
				days after the notice of final action by which the EPA effluent limitation
				guideline, water quality standard, or effluent limitation is revised,
				withdrawn, or modified or upon the administrator's initiative; or
(D) For judicial decisions, a court of
				competent jurisdiction has remanded and stayed EPA promulgated regulations 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 this regulation, within 90
				days of judicial remand.
(iv) The administrator determines that good
				cause exists to modify a permit condition because of events over which the
				permittee has no control and for which there is no reasonable available
				remedy.
(v) When required to
				incorporate applicable toxic effluent limitation or standards adopted pursuant
				to Section 307(a) of the CWA.
(vi)
				When required by the reopener conditions in the permit.
(vii) 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
				facility.
(viii) To establish a
				pollutant notification level required in Section
				5(c) (i)
				(B), (W), (X), (Y) or Appendix B.
(ix) To correct technical mistakes, such as
				errors in calculation, or mistaken interpretations of law made in determining
				permit conditions, to the extent allowed in Section
				5(c) (iii)
				(M).
(x) Discharge volume will increase above what
				was described in the most current application or permit.
(xi) Outfalls will be added, deleted or
				moved.
(xii) The receiving surface
				waters of the state will change from what was described in the most current
				application.
(xiii) The time of
				discharge will be changed where seasonal or time-limited conditions for
				discharge may be established.
(xiv)
				The administrator 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 a WYPDES compliance
				schedule be modified to extend beyond an applicable CWA statutory
				deadline.
(xv) When a discharger is
				no longer eligible for net limitations, as provided in Section
				5(c) of these
				regulations.
(xvi) 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 CWA for 100 percent of the costs to
				modify or replace facilities constructed with a grant for innovative and
				alternative wastewater technology under Section 202(a) (2). In no case shall
				the compliance schedule be modified to extend beyond an applicable CWA
				statutory deadline for compliance.
(xvii) For a small MS4, to include an
				effluent limitation requiring implementation of a minimum control measure or
				measures specified in Section
				6 of these regulations when:
(I) The permit does not include such
				measure(s) based upon the determination that another entity was responsible for
				implementation of the requirements(s); and
(II) The other entity fails to implement
				measure(s) that satisfy the requirement(s).
(xviii) Cause exists for termination under
				Section
				13 of these regulations, and the
				administrator determines that modification or revocation and reissuance is
				appropriate.
(xix) Other changes to
				information described in Section
				5(c) (i)
				(B).
(xx) When a downstream state was not properly
				notified of a proposed permit.