Current through Register Vol. 43, No. 12, March 20,
2024
(a) The automatic
transfer of a permit shall be prohibited. The requirements for each permit
transfer shall be as follows:
(1) Each person
requesting a permit transfer shall submit a completed application to the
secretary at least 60 days before the effective date of the proposed transfer.
(2) Each permittee shall comply
with the requirements of the existing permit until the secretary reissues the
permit.
(b) Any permit
for an underground natural gas storage well may be modified by the secretary
under any of the following conditions:
(1)
The secretary receives information that was not available when the permit was
issued.
(2) The secretary receives
a request for a modification.
(3)
The secretary conducts a review of the permit file and determines that
modification is necessary.
(c) Only the permit actions subject to
modification shall be reopened.
(d) Minor modifications that shall not
require public notification include the following, except as otherwise
specified:
(1) Correction of typographical
errors;
(2) requirements for more
frequent monitoring or reporting by the permittee;
(3) a date change in a schedule of
compliance;
(4) a change in
ownership or operational control of the facility, unless the secretary
determines that public notification is necessary to protect the public
interest;
(5) a change in
construction requirements, if approved by the secretary; and
(6) any amendments to a plugging plan.
(e) A draft permit and
notification to the public shall be required if any of the following conditions
is met:
(1) A permittee proposes substantial
alterations or additions to the facility or proposes an activity that justifies
a change in the permit requirements, including cumulative effects on public
health, safety, and the environment.
(2) Information has become available that
would have initially justified different permit conditions.
(3) Standards or regulations on which the
permit was based have changed due to the promulgation of new or amended
standards or due to a judicial decision after the permit was issued.
(f) Any permittee may request a
permit modification within 180 days after any of the following:
(1) The adoption of new regulations or
standards;
(2) any deadline to
achieve compliance with regulations or standards before the expiration date of
the permit; or
(3) any judicial
remand and stay of a promulgated regulation if the permit condition was based
on the remanded regulation.
