Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 9 - DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL › Article 6 - UNDERGROUND INJECTION CONTROL › Part C - AUTHORIZATION BY PERMIT FOR UNDERGROUND INJECTION › Section R18-9-C632 - Modification; Revocation and Reissuance of Permits

Current through Register Vol. 30, No. 28, July 12, 2024
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.