Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 704 - UIC PERMIT PROGRAM › Subpart H - ISSUED PERMITS › Section 704.262 - Causes for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following are causes for modification of a permit. For a Class I hazardous
				waste injection well or a Class III or Class IV injection well, any of the
				following may be cause for reissuance of the permit, as well as for permit
				modification. For all other injection wells, the following may be cause for
				reissuance of the permit, as well as for permit modification, when the
				permittee requests or agrees:
1) Alterations.
				There are material and substantial alterations or additions to the permitted
				facility or activity that occurred after permit issuance that justify the
				application of permit conditions that are different or absent in the existing
				permit.
2) Information. Permits
				other than for a Class III injection well 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 an area permit, this cause must include any information
				indicating that cumulative effects on the environment are
				unacceptable.
3) New statutory
				requirements or regulations. The standards or regulations on which the permit
				was based have been changed by statute, through promulgation of new or amended
				standards or regulations, or by judicial decision after the permit was issued.
				A permit other than for a Class I hazardous waste injection well or a Class III
				or Class VI injection well may be modified during their terms for this cause
				only as follows:
A) The Agency may modify the
				permit when standards or regulations on which the permit was based have been
				changed by statute or amended standards or regulations.
B) The permittee may request modification
				when all of the following occur:
i) The
				permit condition requested to be modified was based on a provision of 35 Ill.
				Adm. Code 730;
ii) The Board has
				revised, withdrawn, or modified that provision on which the permit condition
				was based; and
iii) The permittee
				requests modification in accordance with 35 Ill. Adm. Code
				705.128
				within 90 days after the effective date of the changed statute or amended
				standards or regulations on which the request is based.
C) For judicial decisions, a court of
				competent jurisdiction has remanded and stayed Board promulgated regulations,
				if the remand and stay concern that portion of the regulations on which the
				permit condition was based or if a request is filed by the permittee in
				accordance with 35 Ill. Adm. Code
				705.128
				within 90 days after judicial remand.
4) Compliance schedules. The Agency
				determines good cause exists for modification of a compliance schedule, such as
				an act of God, strike, flood, materials shortage, or other events over which
				the permittee has little or no control and for which there is no reasonably
				available remedy.
5) Basis for
				modification of Class VI permits. Additionally, for Class VI injection wells,
				whenever the Agency determines that permit changes are necessary based on any
				of the following:
A) A reevaluation of the
				area of review undertaken pursuant to Section
				730.184(e)(1);
B) Any amendments to the testing and
				monitoring plan made pursuant to Section
				730.190(j);
C) Any amendments to the injection well
				plugging plan made pursuant to Section
				730.192(c);
D) Any amendments to the post-injection site
				care and site closure plan made pursuant to Section
				730.193(a)(3);
E) Any amendments to the emergency and
				remedial response plan made pursuant to Section
				730.194(d);
				or
F) A review of monitoring or
				testing results conducted in accordance with permit requirements.