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EMC authorizes DAQ rulemaking to set 90- and 270-day timelines for permit modifications
Summary
The commission voted unanimously to authorize public notice for amendments to air-permitting rules that implement Session Law 2023-134 by establishing 90-calendar-day and 270-calendar-day deadlines for specified permit modifications and adding an 'administratively complete' definition.
The Environmental Management Commission voted to send a package of Division of Air Quality rule amendments to public comment that would implement statutory deadlines for permit modification reviews.
Carrie Picker of DAQ's Rules Development Group said the changes codify language from Session Law 2023-134. Under the proposal, once a modification application is deemed administratively complete, a 90-calendar-day deadline would apply to minor modifications and a 270-calendar-day deadline to major modifications; the rule set retains pauseable "processing" days for new and renewal permits but limits pauses for modification reviews. "Once that application is deemed complete, that's when the 90 calendar days start," Picker said.
Picker presented data from a five-year review (2019–2023) of 852 modification applications showing most applicants required zero or one information request; the proposed approach is intended to improve predictability for applicants and the division. The EMC's motion to authorize the rulemaking for public notice and hearing passed unanimously after a motion by Commissioner Bailey and a second from Commissioner Tweedy.
Why it matters: The change shifts permit-modification review timelines to statutory-calendar deadlines for the benefit of applicants and regulators; DAQ staff said the regulatory impact analysis found no appreciable statewide cost but flagged potential changes in applicant behavior (more front-end work; more withdrawals or consultant use). The rule would be implemented by July 1, 2025, consistent with the session law timetable.
Next steps: DAQ will publish the rule package and accompanying RIA for public comment, appoint a hearing officer and return to the EMC after the comment process.
