7 Del. Admin. Code § 7102-40.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-40.0 - Modification or revocation and reissuance of permits

40.1 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 under Section 7.0, or conducts a review of the permit file) he or she may determine whether or not one or more of the causes listed in subsection 40.2 for modification or revocation and reissuance or both exist. If cause exists, the Department may modify or revoke and reissue the permit accordingly, and may request an updated application if necessary. If a permit is modified or revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If a permit modification satisfies the criteria in Section 42.0 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 Part 124 (Sections 3.0-19.0) must be followed.

40.2 Causes for modification. The following may be cause for revocation and/or reissuance as well as modification when the permittee requests or agrees.

40.2.1 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 differ from or are absent from the existing permit.

40.2.2 Information. The Department has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions based on standards in effect at the time of issuance.

40.2.3 New regulations. The standards or regulations on which the permit was based have been changed by promulgation of new or amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this reason as follows:

40.2.3.1 For promulgation of new or amended standards or regulations, when:

40.2.3.1.1 The permit condition requested to be modified was based on a promulgated Part 146 (Sections 55.0-70.0) regulation;

40.2.3.1.2 The Department has revised, withdrawn, or modified that portion of the regulation on which the permit condition was based, and

40.2.3.1.3 A permittee requests modification in accordance with Section 7.0 within 90 days after public notice of the action on which the request is based.

40.2.3.2 For judicial decisions, a court of competent jurisdiction has remanded and stayed DNREC-promulgated regulations if the remand and stay concerned that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with Section 7.0 within 90 days of judicial remand.

40.2.4 Compliance schedules. The Department 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.

40.3 Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:

40.3.1 Cause exists for termination under Section 41.0, and the Department determines that modification or revocation and reissuance is appropriate.

40.3.2 The Department has received notification 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 but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

40.3.3 A determination that the waste being injected is a hazardous waste as defined in 40 CFR 261.3 either because the definition has been revised, or because a previous determination has been changed.

40.4 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.

7 Del. Admin. Code § 7102-40.0

21 DE Reg. 978 (6/1/2018) (Final)