Current through September 21, 2024
(a) The Director
may modify a permit when:
(i) Any material or
substantial alterations or additions to the facility occur after permitting
that justify the application of different permit conditions;
(ii) Any modification in the operation of the
facility is capable of causing or increasing pollution in excess of applicable
standards or permit conditions;
(iii) Information warranting modification is
discovered after the operation has begun that would have justified the
application of different permit conditions at the time of permit
issuance;
(iv) Regulations or
standards upon which the permit was based changed after the permit was
issued;
(v) Cause exists for
termination, as described in this Section, but the Department determines that
modification is appropriate;
(vi)
Modification is necessary to comply with applicable statutes, standards, or
regulations;
(vii) The permit is
transferred; or
(viii) The
Administrator determines that permit changes are necessary based on:
(A) Area of review reevaluations under
Section
13(c)(i) of this
Chapter;
(B) Amendments to the
testing and monitoring plan under Section
20(b)(xi) of this
Chapter;
(C) Amendments to the
injection well-plugging plan under Section 23(c) of this Chapter;
(D) Amendments to the post-injection site
care and site closure plan under Section 24(a)(iv) of this Chapter;
(E) Amendments to the emergency and remedial
response plan under Section 25(a) of this Chapter;
(F) A review of monitoring or testing
results; or
(G) A determination
that the injectate is a hazardous waste as defined in
40 CFR §
261.3.
(b) The Administrator may make minor
modifications to permits with the consent of the permittee. The Administrator
shall notify the permittee of minor modifications to its permit, and the
modifications shall become final twenty (20) days from the date of receipt of
such notice. Minor modifications may only:
(i)
Correct typographical errors;
(ii)
Require more frequent monitoring or reporting by the permittee;
(iii) Change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(iv) Allow for a permit transfer and change
in ownership or operational control of a facility where the Administrator
determines that no other change in the permit is necessary, provided that a
written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittees
has been submitted to the Administrator;
(v) Change quantities or types of fluids
injected that are within the capacity of the facility as permitted and, in the
judgment of the Administrator, would not interfere with the operation of the
facility or its ability to meet conditions described in the permit and would
not change its classification;
(vi)
Change construction requirements approved by the Administrator pursuant to
Section
9(b) (xxix)(A)-(C) of this
Chapter, provided that the alteration complies with the requirements of this
Chapter;
(vii) Amend a
well-plugging plan that has been updated under Section 23 of this Chapter;
or
(ix) Amend a Class VI injection
well testing and monitoring plan, well plugging plan, post-injection site care
and site closure plan, or emergency and remedial response plan where the
modifications merely clarify or correct the plan.
(c) The Director may modify a permit to
resolve issues that could lead to the revocation or termination of the permit
under Section
7(a) of this
Chapter.
(d) When the Director
modifies a permit, only the conditions that are being modified shall be
reopened when a new draft permit is prepared. All other aspects of the
existing, unmodified permit shall remain in effect for the duration of the
modified permit and the modified permit shall expire on the date when the
original permit would have expired. Suitability of the facility location shall
not be considered unless new information or standards indicate that a threat to
human health, safety, or the environment exists that was unknown at the time of
permit issuance.
(e) The
Administrator may require the submission of a new application to modify a
permit.
