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), the director may determine whether or
not one or more of the causes listed in paragraphs (A) and (B) of this rule for
modification, 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
shall be prepared
and other procedures in Chapter 3745-49 of the Administrative Code
must
shall 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 and reissuance or
modification; and for all other wells the following may be cause for revocation
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 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.
(a) For promulgation of amended
standards or regulations, when all of the following criteria are met:
(i) The permit condition requested to be
modified was based on a rule within this chapter.
(ii) The director has revised, withdrawn, or
modified that portion of the regulation on which the permit condition was
based.
(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 a
state court of competent jurisdiction has remanded and stayed Ohio 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 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
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:
12/12/2024
Five Year Review (FYR) Dates:
9/11/2024 and
09/11/2029
Promulgated
Under: 119.03
Statutory
Authority: 6111.043
Rule
Amplifies: 6111.043
Prior
Effective Dates: 12/15/1982, 07/25/1984, 01/24/2000,
11/11/2016
