(a)

1. (1) When the Director of the Division of Environmental Quality receives any information, for example, receives information submitted by the permittee as required in the permit or by the Division of Environmental Quality, he or she may determine whether or not one (1) or more of the causes for modification exists.

2. (2)

   1. (A) If cause exists, the director may modify the permit accordingly and may request an updated application, if necessary.
   2. (B) When a permit is modified, only the conditions subject to modification are reopened.
3. (3) If cause does not exist, the director shall not modify the permit.

4. (4)

   1. (A) If a permit modification satisfies the criteria in 8 CAR § 24-206 for minor modifications, the permit may be modified without public notice.
   2. (B) Otherwise, a draft permit must be prepared in accordance with 8 CAR § 24-202 and 8 CAR pt. 11.

(b) Causes for modification. The following are causes for modification, but are not limited to:

1. (1) Volume increase. A greater than ten percent (10%) increase in the volume of animal waste, as excreted, generated by the facility over what was allowed by the original permit or the last major modification for an increase in volume;
2. (2) Sites. Addition of land application sites; and

3. (3) Waste management plan. Change in waste:

   1. (A) Treatment;
   2. (B) Type;
   3. (C) Handling; or
   4. (D) Disposal.