Ariz. Admin. Code § R18-9-C632 - Modification; Revocation and Reissuance of Permits

A. When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance under R18-9-C631, or conducts a review of the permit file) they may determine whether or not one or more of the causes listed in subsections (E) and (F) of this Section for modification or revocation and reissuance or both exist.

B. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (G) of this Section, and may request an updated application if necessary.

C. If cause does not exist under this Section or R18-9-C633, the Director shall not modify or revoke and reissue the permit.

D. If a permit modification satisfies the criteria in R18-9-C633 for "minor modifications" the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and other procedures under this Article must be followed.

E. For Class II, Class III or Class VI wells the following may be causes for revocation and reissuance as well as modification; and for all other wells the following may be cause for revocation or reissuance as well as modification when the permittee requests or agrees:

1. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

2. Permits other than for Class II and III wells may be modified during their terms for this cause only if the information was not available at the time of permit issuance, other than revised regulations, guidance, or test methods, and would have justified the application of different permit conditions at the time of issuance. For UIC area permits under R18-9-C624, this cause shall include any information indicating that cumulative effects on the environment are unacceptable.

3. The standards or regulations on which the permit was based have been changed by promulgation of new regulations or by judicial decision after the permit was issued. Permits other than those for Class II, Class III or Class VI wells may be modified during their permit terms for this cause only as follows:

a. For promulgation of amended standards or regulations, when:

i. The permit condition requested to be modified was based on a regulation promulgated under this Article;

ii. ADEQ has revised, withdrawn, or modified that portion of the regulation on which the permit condition was based, and

iii. A permittee requests modification in accordance with R18-9-C631 within 90 days after Arizona Administrative Register notice of the ADEQ action on which the request is based.

b. For judicial decisions, a court of competent jurisdiction has remanded and stayed ADEQ promulgated regulations if the remand and stay concern that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with R18-9-C631 within 90 days of judicial remand.

4. The Director determines if good cause exists for modification of a compliance schedule. Good cause includes unforeseen circumstances, like a strike, a flood, a materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. See also R18-9-C633 (minor modifications).

5. Additionally, for Class VI wells, whenever the Director determines that permit changes are necessary based on:

a. Area of review reevaluations under R18-9-J659(E)(1);

b. Any amendments to the testing and monitoring plan under R18-9-J665(10);

c. Any amendments to the injection well plugging plan under R18-9-J667(C);

d. Any amendments to the post-injection site care and site closure plan under R18-9-J668(A)(3);

e. Any amendments to the emergency and remedial response plan under R18-9-J669(D); or

f. A review of monitoring and/or testing results conducted in accordance with permit requirements.

F. The following are causes to modify or, alternatively, revoke and reissue a permit:

1. Cause exists for termination under R18-9-C634, and the Director determines that modification or revocation and reissuance is appropriate.

2. The Director has received notification of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the effective date of an automatic transfer under R18-9-C630(B) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

3. A determination that the waste being injected is a hazardous waste as defined in A.R.S. § 49-921 either because the definition has been revised, or because a previous determination has been changed.

G. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

Notes

Ariz. Admin. Code § R18-9-C632

New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.