Current through Reg. 50, No. 13; March 28, 2025
(a) Compliance with rules in effect at the
time of permit renewals, transfers, or amendments. To ensure compliance with
the rules in effect at the time of a request to renew, transfer, or amend a
permit, the Commission may review and revise permit conditions when it receives
the request. When transitioning permits that were issued under §
3.8 of this title (relating to
Water Protection) prior to July 1, 2025 into permits that are issued under this
subchapter, the Commission:
(1) will not
require the operator to relocate existing permitted waste management units to
conform to new siting requirements;
(2) will not require the operator to retrofit
existing waste management units to conform to new standards if those waste
management units are constructed and operating in compliance with their current
permits;
(3) may require the
operator to add to or improve the groundwater water monitoring systems at
existing facilities; and
(4) may
require the operator to combine all waste management units at a facility under
one permit.
(b) Permit
renewal. Permits issued pursuant to this subchapter may be renewed in
accordance with the following requirements.
(1) The permittee shall file an application
for a renewal permit at least 60 days before the expiration date specified in
the permit. Bundling permit renewals with transfers and/or amendments is
encouraged.
(2) For any permit
required to file financial security in accordance with §
3.78 of this title (relating to
Fees and Financial Security Requirements), the permittee shall file an updated
closure cost estimate. The cost closure estimate shall include an estimate of
the cost to conduct a NORM survey upon closure of the facility, as well as the
cost to remove and dispose of NORM contaminated waste and the decontamination
of associated tanks and equipment pursuant to Subchapter F of this chapter
(relating to Oil and Gas NORM). The permittee shall conduct a NORM survey
before the renewal is approved if a NORM survey has not been conducted within
the last five years.
(3) Permit
renewal applications are subject to the notice requirements of §
4.125 of this title (relating to
Notice and Opportunity to Protest).
(4) The Director may require additional
information specific to the type of facility, facility location, and management
operations occurring at the facility before approving the renewal.
(5) The permit shall not be renewed unless
the facility is compliant with Commission rules and permit conditions, as
verified by a facility and records inspection.
(6) Permit renewals will be issued for a
maximum of five years from the date of issuance.
(c) Permit transfer. Permits issued pursuant
to this subchapter may be transferred in accordance with the following
requirements.
(1) A permittee may request to
transfer a permit to a new operator by notifying the Director in writing at
least 60 days before the transfer takes place. Bundling permit transfers with
renewals and/or amendments is encouraged.
(2) For any permit required to file financial
security in accordance with §
3.78 of this title, the transferee
shall file a new closure cost estimate. The cost closure estimate shall include
an estimate of the cost to conduct a NORM survey upon closure of the facility,
as well as the cost to remove and dispose of NORM contaminated waste and the
decontamination of associated tanks and equipment pursuant to Subchapter F of
this chapter. The transferee shall conduct a NORM survey before the transfer is
approved if a NORM survey has not been conducted within the last five years.
The transferee shall file the required financial security in the approved
amount with the Commission before the permit is transferred.
(3) If the proposed transferee operator does
not own the surface property, the transferee operator shall provide evidence of
the proposed transferee's authority to operate the facility in accordance with
§
4.126(b) of this
title (relating to Location and Real Property Information).
(4) A request to transfer a commercial permit
associated with a Form P-4 (Certificate of Compliance and Transportation
Authority) shall be submitted on Form P-4. A request to transfer a commercial
permit not associated with a Form P-4 shall be submitted in writing to the
Director.
(5) The Director may
require additional information specific to the type of facility, facility
location, and management operations occurring at the facility before approving
the transfer.
(6) The permit shall
not be transferred unless the facility is compliant with Commission rules and
permit conditions, as verified by a facility and records inspection.
(7) Permit transfers will be issued through
the current permitted expiration date and may be issued for a maximum of five
years if combined with a permit amendment and/or permit renewal.
(d) Permit amendment. Permits
issued pursuant to this subchapter may be amended in accordance with the
following requirements.
(1) A permit
amendment is required before a permittee may conduct any activities other than
those activities specifically authorized by the permit.
(2) The permittee shall file an application
for amendment at least 90 days before the proposed new operations are scheduled
to commence. Bundling permit amendments with transfers and/or renewals is
encouraged. The application shall include the following information as
applicable.
(A) For pit permit amendments
that change the pit construction, dimensions, or capacity, the permittee shall
submit appropriate diagrams, cross-sections, and other supporting information.
(B) For any permit required to
file financial security in accordance with §
3.78 of this title, if the
amendments to the permit would increase the cost of closure, the permittee
shall submit an updated closure cost estimate.
(C) Permit amendment applications are subject
to the notice requirements of §
4.125 of this title (relating to
Notice and Opportunity to Protest). However, the Director may reduce or waive
notice requirements for amendments that reflect minimal impact to facility
operations, waste management volumes, closure cost estimates, or potential for
pollution to surface or subsurface waters. The Director shall establish
criteria for a determination of minimal impact and the criteria shall be
published on the Commission's website and in appropriate guidance documents.
(D) The Director may request any
additional information reasonably necessary to prevent pollution.
(3) The Director may require
additional information specific to the type of facility, facility location, and
management operations occurring at the facility before approving the amendment.
(4) The permit amendment shall not
be approved unless the facility is compliant with Commission rules and permit
conditions, as verified by a facility and records inspection.
(5) Permit amendments will be issued through
the current permitted expiration date and may be issued for a maximum of five
years if combined with a permit transfer and/or permit renewal.