(a) If the following requirements are met, changes at a site requiring a minor permit revision may be operated before issuance of the revision:
  (1) the permit holder complies with the following:
    (A) all applicable requirements governing the change;
    (B) all state-only requirements governing the change; and
    (C) the provisional terms and conditions as defined in §122.10 of this title (relating to General Definitions) governing the change;
  (2) the permit holder submits to the executive director an application containing the information required in §122.216 of this title (relating to Applications for Minor Permit Revisions) before the change is operated; and
  (3) the permit holder maintains the information required by §122.216 of this title with the permit until the permit is revised.
(b) In every case, the applicable requirements are always enforceable.
(c) The permit holder need not comply with the original terms and conditions codified in the permit that have been replaced by provisional terms and conditions before issuance or denial of a revision or renewal.
(d) The executive director shall notify the EPA administrator and affected state(s) of the requested permit modification within five working days of receipt of a complete minor revision permit application.
(e) A minor permit revision may be issued by the executive director provided the following:
  (1) the changes meet the criteria for a minor permit revision;
  (2) the executive director has received a complete application;
  (3) the conditions of the permit provide for compliance with the requirements of this chapter; and
  (4) the requirements of this chapter for public announcement, affected state review, and EPA review have been satisfied.
(f) The executive director shall take final action on the permit revision application no later than 90 days after receipt of an application, or 15 days after the end of the EPA review period, whichever is later.

Source Note: The provisions of this §122.217 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580