62-528.355. Underground Injection Control: Permit Modification, Revocation, Termination

(1) When the Department 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, or conducts a review of the permit file) it will determine whether or not one or more of the causes listed in subsections (2) and (3) of this section for modification or revocation and reissuance or both exist. If cause exists, the Department shall modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (4) of this section, and shall 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 reissued for a new term. If cause does not exist under this section, the Department shall not modify or revoke and reissue the permit. If a permit modification is a minor modification pursuant to subsection 62-528.355(5), F.A.C., the permit shall be modified without a draft permit or public review. Otherwise, a draft permit shall be prepared and other procedures in Rules 62-528.310 through 62-528.335, F.A.C., shall be followed.

(2) Causes for major modification. The following are causes for modification. For Class I hazardous waste injection wells or Class III wells, the following are causes for revocation and reissuance as well as modification; and for all other wells the following are causes for revocation or reissuance as well as modification when the permittee requests or agrees.

(a) 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 in or absent from the existing permit.

(b) Information. The Department has received information that was not available at the time of permit issuance (other than revised rules, guidance, or test methods) which would have justified the application of different permit conditions at the time of issuance. For multiwell permits, this cause shall include any information indicating that cumulative effects of injection on the environment are inconsistent with this chapter. Permits for Class III wells shall, if necessary to protect waters of the State, be modified during their terms for this cause even if the information was available at the time the permit was issued.

(c) New rules. The rules on which the permit was based have been changed by promulgation of new or amended rules, or by judicial decision after the permit was issued. Permits other than for Class I hazardous waste injection wells or Class III wells shall be modified during their terms for this cause only as follows:

1. For promulgation of amended rules, when:

a. The permit condition requested to be modified was based on a promulgated Chapter 62-528, F.A.C., rule; and

b. The Department has revised, withdrawn, or modified that portion of the rule on which the permit condition was based; and

c. A permittee requests modification within 90 days after publication in the Florida Administrative Weekly of the proposed revised rule upon which the request is based.

2. For judicial decisions, a court of competent jurisdiction has remanded and stayed Department promulgated rules if the remand and stay concern that portion of the rules on which the permit condition was based and a request is filed by the permittee within ninety (90) days of judicial remand.

(d) Compliance schedules. There is good cause 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.

(3) Causes for modification, termination, or revocation and reissuance. The following are causes to modify, terminate, or, alternatively, revoke and reissue a permit:

(a) Cause exists for termination under 40 C.F.R. pt. 144.40 (1994), and modification or revocation and reissuance is appropriate because modification or revocation and reissuance is consistent with the provisions of this chapter. Causes include:

1. Noncompliance by the permittee with any condition of the permit;

2. The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time; or

3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.

(b) The Department has received notification of a proposed transfer of the permit. A permit also shall be modified to reflect a transfer after the effective date of an automatic transfer but shall not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

(c) A determination that the waste being injected is a hazardous waste as defined in Rule 62-730.030, F.A.C., either because the definition has been revised, or because a previous determination has been changed.

(4) Facility siting. Suitability of the facility location shall 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.

(5) Minor modifications of permits. Upon the consent of the permittee and the concurrence of the Department, a permit shall be modified to make the corrections or allowances for changes in the permitted activity listed in this paragraph, without following the procedures of Rules 62-528.310 through 62-528.335, and 62-528.355, F.A.C. Minor modifications shall only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee;

(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

(d) Allow for a change in ownership or operational control of a facility when no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Department;

(e) Change quantities or types of fluids injected which are within the capacity of the facility as permitted and would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;

(f) Allow minor changes to construction requirements provided that any such alteration complies with the requirements of this chapter; or

(g) Amend a plugging and abandonment plan which has been updated.

Specific Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95, Amended 6-24-97.