Permit Fact Sheet
- What is the Purpose of a Significant Modification?
An Operating Permit Significant Modification form shall be completed by an owner or operator of a facility subject to the Operating Permit and Compliance Program as defined in 310 CMR 7.00:Appendix C(2), to revise information in the current Operating Permit that may result in changes which do not qualify as a Minor Modification or as an Administrative Amendment.
NB: When processing a significant modification according to 310 CMR 7.00:Appendix C(8)(a)3, and there is less than or equal to 2 years remaining on the Operating Permit, the owner/operator of the facility may submit a Renewal Application, form BWP AQ12. Since the timeline to issue a significant modification may overlap the submittal due date for the renewal application, it is recommended that they be submitted concurrently.
- Who Must Apply for an Operating Permit Significant Modification?
An Operating Permit Significant Modification application shall be used by an owner or operator when there is a proposed change to the facility that:
- Causes a significant emission increase in the rate of allowable emissions of any facility emissions cap as prescribed in the approved operating permit: or
- Is a significant modification under NSPS, NESHAPS, PSD regulations, or is a modification under 42 U.S.C. 7401, Title I requiring approval under 310 CMR 7.02; or
- Is a significant change to any monitoring, reporting or record-keeping requirements as required by any operating permit; or
- Is a relaxation of the compliance plan including a lengthening of the time that an emissions unit is in noncompliance as required by any Federal rules or regulations adopted pursuant to Massachusetts State Implementation Plan (SIP); or
- Requires a case-by-case determination of an emission limitation or other standard of a facility, a specific determination for a temporary facility(ies) of ambient impacts, or a visibility or increment analysis.
- How is an Operating Permit Significant Modification Processed and What are the Timelines?
Pursuant to 310 CMR 7.00:Appendix C( 4)(1)4, a timely Operating Permit Significant Modification Application shall be submitted at least six months prior to the planned modification. For significant modifications which have been reviewed and approved under 310 CMR 7.00, the construction or modification that has been reviewed and approved may commence, but may not operate, prior to final approval of the modification to the Operating Permit. For significant modifications which have been reviewed and approved under 310 CMR 7.02(1), the construction, substantial reconstruction or modifications may commence, but may not be operated, after receipt of the required significant modification application by the Department. The permit shield provided under 310 CMR 7.00: Appendix C(12) does not apply to any changes resulting from this action.
To be Administratively Complete, an Operating Permit Significant Modification Application shall focus on the proposed significant modifications to the issued Operating Permit only and shall be governed by 40 CFR part 72 for purposes of the acid rain portion of the Operating Permit, pursuant to 310 CMR 7.00:Appendix (C)(8)(c)2-3. Additional information may be requested by the Department as provided for in 310 CMR 7.00:Appendix C(5)(a).
Pursuant to 310 CMR 7.00:Appendix C(4)(c)5, final action by the Department shall be taken on each Operating Permit Significant Modification Application within nine months of receipt of a complete BWP AQ13.
- What is the application fee for an Operating Permit Significant Modification?
None, according to 310 CMR 4.10(2).
- What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Location: Reserve Copy Location:
Dep’t. of Environmental Protection Dep’t. of Environmental Protection
_____________*Regional Office _____________*Regional Office
Air Quality Control Air Quality Control
*Refer to your Operating Permit for the appropriate MassDEP Regional Office or find your region: Find Your Region
All completed application packages should be submitted in duplicate (one primary copy, one reserve copy) to the appropriate regional office for review and approval.
Upon approval of the application, MassDEP stamps the reserve copy and returns it to you for your records. In this manner, MassDEP and the applicant have identical copies of the approved submittal.
- How Long are These Permits in Effect?
Operating Permits are in effect for five years unless:
- otherwise stated in the approval;
- modifications to the facility require that a new or modified permit be issued; or
- the permit is for solid waste incineration units combusting municipal waste subject to standards under 42 U.S.C. 8401, § 129(e). These shall be issued for a period not to exceed 12 years and reviewed by the Department at least every five years.\
- How Can I Avoid the Most Common Mistakes Made in Applying for a Significant Modification?
- Answer all questions on the form and indicate “N/A” (not applicable) where appropriate.
- Submit all supplementary information requested in the application.
- Submit two copies of the application to the regional office for review.
- Where Can I Get Copies of the Regulations?
These may be purchased online, in person, or by Mail at the Massachusetts State Bookstore