When the director receives any information (for example,
inspects the facility, receives information pertinent
to the permit submitted by the permittee as required in the permit [see
rule
3745-34-26
of the Administrative Code], receives a request for modification or revocation
and reissuance or conducts a review of the permit file),
he or she
the
director may determine whether or not one or more of the causes listed in
paragraphs (A) and (B) of this rule for modification or
, revocation and
reissuance, or both exist. If cause exists, the
director may modify or revoke and reissue the permit accordingly, subject to
the limitations of paragraph (C) of this rule, and may request an updated
application if necessary. When a permit is modified, only the conditions
subject to modification are reopened. If a permit is revoked and reissued, the
entire permit is reopened and subject to revision , and the permit is then
reissued for a new term. If cause does not exist under this rule or rule
3745-34-25
of the Administrative Code, the director shall not modify or revoke and reissue
the permit. If a permit modification satisfies the criteria in rule
3745-34-25
of the Administrative Code 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 in Chapter 3745-47
3745-49 of
the Administrative Code must be followed.
(A) Causes for modification. The following
are causes for modification. For class I hazardous waste injection wells the
following may be cause for revocation
or
and reissuance
as well as
or
modification; and for all other wells the following may be cause for revocation
as well as
or
modification when the permittee requests or agrees.
(1) Alterations. 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) Information. The director has received
information
pertinent to the permit. Permits 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
underground
injection control area permits (rule
3745-34-18
of the Administrative Code), this cause shall include any information
indicating that cumulative effects on the environment are unacceptable.
(3) New rules. The standards or
regulations on which the permit was based have been changed by promulgation of
amended rules. Permits may be modified during their terms for this cause only
as follows.
For promulgation of amended standards or
regulations, when:
(a)
For promulgation of amended standards or regulations,
when all of the following criteria are met:
(a)
(i) The permit
condition requested to be modified was based on a rule within this chapter
; and
.
(b)
(ii) The director has revised, withdrawn,
or modified that portion of the regulation on which the permit condition was
based
; and
.
(c)
(iii) A permittee requests modification
within ninety days after the effective date of the rule or director's action on
which the request is based.
(4) For judicial decisions
. When
when a
state court of competent jurisdiction has remanded and stayed Ohio
environmental protection agency
EPA 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 to Ohio
environmental
protection agency
EPA by the permittee
within ninety days of judicial remand.
(5) Compliance schedules. The director
determines good cause exists for modification of a compliance schedule, such as
an act of God, strike, flood, or 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 paragraph (C) of rule
3745-34-25
of the Administrative Code (minor modifications).
(B) Causes for modification or revocation and
reissuance. The following are causes to modify, or, alternatively, revoke and
reissue a permit:
(1) Cause exists for
termination under rule
3745-34-24
of the Administrative Code and the director determines that modification or
revocation and reissuance is appropriate.
(2) The director has received notification
(as required in the permit-see paragraph (D) of rule
3845-34-25
3745-34-25
of the Administrative Code) 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 (paragraph (B) of rule
3745-34-22 of
the Administrative Code) 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
rule
3745-34-01
of the Administrative Code either because the definition has been revised, or
because a previous determination has been changed.
(C) Facility siting. 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
Ohio Admin. Code
3745-34-23
Effective:
11/11/2016
Five Year Review (FYR) Dates:
08/24/2016 and
07/14/2021
Promulgated
Under: 119.03
Statutory
Authority: 6111.043
Rule
Amplifies: 6111.043
Prior
Effective Dates: 12/15/82, 07/25/84,
01/24/00