Current through Register Vol. 48, No. 12, March 22, 2024
a)
Except for the actions allowed pursuant to Section
245.320(e),
actions that materially deviate from the original permit require the permit to
be modified prior to being conducted. No permit issued under
this Part may be modified without approval of the
Department pursuant to this Section (Section 1-55(c) of the
Act).
b) Applications for permit
modification shall be made on a Department permit application form and shall
specifically identify the applicant, the well, and each proposed deviation to
the original permit.
1) Sections of a permit
modification application that do not affect or change terms or conditions of,
or information on, the original permit are not required to be completed, other
than that information necessary to identify the applicant, operator, well site
and well. All sections of a permit modification application that are not
completed will be considered to incorporate the original permit (and original
permit application) as the content of the permit modification application for
those sections.
2)
Each permit modification application submitted under
this Part shall be signed, under the penalty of perjury, by
the applicant or the applicant's designee who has been vested with the
authority to act on behalf of the applicant and has direct knowledge of the
information contained in the permit modification application
and its attachments. Any person signing a permit
modification application shall also sign an affidavit with the
following certification:
3)
"I certify, under penalty of
perjury as provided by law and under penalty of refusal, suspension, or
revocation of a high volume horizontal hydraulic fracturing permit, that this
application and all attachments are true, accurate, and complete to the best of
my knowledge." (Section 1-35(f) of the Act)
c) The permit modification application for a
significant deviation shall be accompanied by a non-refundable fee of $13,500
as set forth in Section
245.210,
and shall be reviewed and approved or rejected with all the opportunities for
notice, comment and hearing required under Sections 1-45 and 1-50 of the Act
and Sections
245.240
through
245.270 of this
Part as if it were a completely new permit application under the permit
application procedures set forth in this Part. The applicant shall confer with
the Department prior to filing the application for modification so as to
coordinate scheduling. Examples of permit modifications that are considered
significant deviations are those that propose to:
1) move the horizontal well bore more than 50
feet in any direction or extend or add to any dimension of the horizontal well
bore;
2) add a new horizontal well
bore or bores;
3) make any change
such that any person or entity who did not receive specific notice of the
original application would receive notice if the proposed modification
application were a new permit application;
4) materially alter any part of any plan
submitted to the Department with the original application, including but not
limited to:
A) moving the vertical part of
the well more than 50 feet;
B)
substantially moving, extending or adding to the well site;
C) any material alteration of plans for
containment or storage, transportation of materials (including produced
hydrocarbons) to or from the well site, or management of emissions if the
alteration results in an increase in emissions, venting or flaring;
or
5) request relief
from any condition imposed upon or attached to the original permit.
d)
If the
Department, after receipt of an application for modification,
determines that a permit modification
presents a possible serious risk to public safety, public health, life,
property, aquatic life, wildlife, or the environment (Section 1-55(c)
of the Act), and the application is not already being treated as one for
modification representing a significant deviation, the Department shall inform
the applicant. The applicant, if it wishes to proceed with the application for
modification, shall pay a non-refundable fee totaling $13,500 (after credit for
any payment for insignificant modification already tendered) as set forth in
Section 245.210. The application shall be reviewed and approved or rejected
with all the opportunities for notice, comment and hearing required under
Sections 1-45 and 1-50 of the Act and Sections
245.240
through
245.270 of this
Part as if it were a completely new permit application under the permit
application procedures set forth in this Part. The applicant shall confer with
the Department after notification of this procedure so as to coordinate
scheduling.
e) All other permit
modification applications may be filed as an insignificant permit deviation and
accompanied by a non-refundable $5,000 permit modification fee. However, the
Department has the discretion to determine that the permit modification is a
significant deviation based on the content of the application. The permit
modification application for insignificant permit deviation shall be reviewed
and approved or rejected under the following procedures:
1) The Department's record of decision shall
include the original permit record of decision, information provided by the
application for permit modification pursuant to subsection (b), and any other
additional information provided by the permittee in response to requests by the
Department. The Department shall provide a copy of the modification application
to any of the entities entitled to receive notice in Section
245.240
(the Agency, the Office of the State Fire Marshal, Illinois State Water Survey,
and Illinois State Geological Survey) if it proposes to modify a plan they
received under Section 245.240.
2)
The Department shall approve or reject the proposed insignificant permit
modifications within 30 days after receipt of the permit modification
application based on the requirements of Section
245.300(c).
The Department's decision to approve or reject the proposed insignificant
permit modifications shall be considered a final administrative decision
subject to judicial review under the Administrative Review Law and the rules
adopted under that Law.
3) Approval
of an insignificant permit modification shall result in a modified permit that
shall be considered a permit under this Part and, therefore, subject to all
conditions and requirements for permits under the Act and this Part.
4) The Department shall, by U.S. Mail and
electronic transmission, provide the applicant with a copy of the modified
permit as issued or its final administrative decision rejecting the
modification request.
5) The
applicant shall, by U.S. Mail or electronic transmission, provide a copy of the
modified permit as issued to any person or unit of local government who
received specific public notice under Section
245.250
or participated in any public hearing under Section
245.270 for the
original permit or any significant modifications of that permit. The applicant
shall notify the Department within 30 days after receipt of the modified permit
that it has complied with this subsection (e)(5).
6) Following completion of the Department's
review and approval process, the Department's website shall indicate whether an
individual high volume horizontal hydraulic fracturing permit modification was
approved or denied and provide a copy of the approval or denial.
7) The complete record shall be maintained
and shall be accessible to the public on the Department's website at least
until final release of the applicant's bond.
f) If the Department determines that an
application for an insignificant deviation in subsection (e) is a significant
deviation based on the content of the application, the Department shall notify
the applicant and the applicant shall be required to increase the
non-refundable application fee to $13,500 as set forth in Section 245.210. Once
the full application fee is received, the permit modification application shall
be reviewed and approved or rejected as if it were a completely new permit
application under the permit application procedures set forth in this
Part.