7 Del. Admin. Code § 7102-42.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7102-42.0 - Minor modifications of permits

42.1 The Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section, without following the procedures of Part 124 (Sections 3.0-19.0). Any permit modification not processed as a minor modification under this Section must be made for cause and with Part 124 draft permit and public notice as required in Section 40.0. Minor modifications may only:

42.1.1 Correct typographical errors;

42.1.2 Require increased monitoring or reporting by the permittee;

42.1.3 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;

42.1.4 Allow for a change in ownership or operational control of a facility where the Department determines that 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 and approved in writing by the Department;

42.1.5 Change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the Department, 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;

42.1.6 Change construction requirements approved by the Department pursuant to Section 44.0, provided that any such alteration shall comply with the requirements of this Part and Part 146 (Sections 55.0-70.0); or

42.1.7 Amend a plugging and abandonment plan which has been updated under subsection 44.1.6.

7 Del. Admin. Code § 7102-42.0

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