Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-34 - Underground Injection Control Program › Section 3745-34-23 - Modification or revocation and reissuance of permits

Current
			 through all regulations passed and filed through July 1,
			 2024
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 be
				prepared and other procedures in Chapter  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  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).