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RFI Amendment Page
This page provides answers to some frequently asked questions about amending
reports of facility information (RFI).
Note: The answers to the frequently asked
questions are limited to the facts stated in them and to staff’s assumptions as
to other necessary facts. Please review all applicable laws and regulations
and/or contact your LEA or CIWMB staff
contact before making a final determination.
Question 1: Does the operator need to submit a completed application form for any and every change to the RFI?
Answer 1: Yes. Every change to the RFI needs to be submitted to the LEA
accompanied with a completed application form. The form is needed each time so
that there is a record of all changes being approved using the
CEQA/SMS/T&C
criteria. Even "minor" changes must be submitted each time with a new
application so the LEA can also track potential cumulative impacts.
Question 2: Are there any "minor" changes that don't require an application for RFI amendment?
Answer 2: An operator should submit an application for RFI
amendment for any change in design and operation. Never assume that
a "minor" change will not require an application. The LEA, not the applicant,
should always make this determination.
Depending on site-specific considerations and the exact wording of the permit,
RFI, and/or environmental document, even a "minor" change may require an
application for RFI amendment, or even an application for revised permit.
Question 3: Does the operator also submit a copy of
the application for RFI amendment to the RWQCB?
Answer 3: Yes.
Title 27 section 21665 states that "the applicant shall submit an RFI
amendment application package pursuant to
Title 27 section 21570"
which states that "the applicant shall also simultaneously submit one copy
of the application form and the Joint Technical Document (JTD) to the
Regional Water Quality Control Board (RWQCB)".
Question 4: Do both the owner and operator have to
sign every application for an RFI amendment?
Answer 4: Yes. The application for should be filled out
completely, including the owner and operator information on page 4
of the application form.
Question 5: Does the Board need to concur in RFI
amendments?
Answer 5: No. The Board only reviews, tracks, and provides guidance for
RFI amendment. The LEA does not need to submit the RFI amendment to the Board
prior to LEA approval. Board staff will provide technical assistance at the
request of the LEA.
Question 6: Can many small RFI amendment changes
add up to the need for a permit revision?
Answer 6: Yes. The LEA should take into consideration other recently
approved amendments in addition to off-site changes when making a final
determination. The LEA should especially be mindful of cumulative impacts
with making the CEQA determination.
Question 7: Is an RFI amendment considered a
project under CEQA?
Answer 7: Not necessarily. See the CEQA Guidelines for the
definition of "Project" and the CEQA Guidelines "Project
Page" to find more resources on determining weather an activity is a
"project" under CEQA.
Question 8: Does the LEA need to file a Notice of Exemption (NOE) when
approving an RFI amendment?
Answer 8: Not necessarily. If the change is consistent with a previous
CEQA document or is determined not to be a project, then a NOE is not required.
If the change is a project not described in a previous CEQA document, then the
LEA or Lead Agency should explain why it is exempt from CEQA in the NOE.
The
Notice of Exemption Form (PDF, 6K) is available in the
CEQA Guidelines Appendix E.
Question 9:
Is the operator required to submit the same supporting
documents with an RFI amendment as they would with a permit revision?
Answer 9: Not always. The submittal shall contain only those items
listed in
Title 27, Section 21570(f) that have changed, are proposed for change, or as
otherwise specified by the LEA.
Question 10:
Is a conformance finding required
for approval of an RFI amendment?
Answer 10: No. A conformance finding is only required for a first
permit, a new or expanding facility, or when the permit is being revised and
there is no prior conformance finding showing the facility (at that address) was
in conformance.
RFI Amendment Page
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