La. Admin. Code tit. 43 § XVII-213

Current through Register Vol. 50, No. 9, September 20, 2024

Section XVII-213 - Permit Modification, Revocation and Reissuance, Termination, Transfer or Renewal

A. Applicability. The rules of this Section set forth the standards and requirements for applications and actions concerning modification, revocation and reissuance, termination, transfer and renewal of permits.

B. Permit Actions

1. The permit may be modified, revoked and reissued, or terminated for cause.

2. The permittee shall furnish to the commissioner, within 30 days, any information which the commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating a permit, or to determine compliance with the permit. The permittee shall also furnish to the commissioner, upon request, copies of records required to be kept by the permit.

3. The commissioner may, upon his own initiative or at the request of any interested person, review any permit to determine if cause exists to modify, revoke and reissue, or terminate the permit for the reasons specified in §213 C, D and E. All requests shall be in writing and shall contain facts or reasons supporting the request.

4. If the commissioner decides the request is not justified, he shall send the person making the request a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings.

5. If the commissioner decides to modify or revoke and reissue a permit under §213 C, D or E, he shall prepare a draft permit under §211. C incorporating the proposed changes. The commissioner may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the commissioner shall require, if necessary, the submission of a new application.

C. Modification or Revocation and Reissuance of Permits

1. The following are causes for modification and may be causes for revocation and reissuance of permits.

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 or absent in the existing permit.

b. Information. The commissioner has received information pertinent to the permit. Permits for Class I hazardous waste injection wells 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. Cause shall include any information indicating that cumulative effects on the environment are unacceptable.

c. New Regulations

i. 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 and conformance with the changed standards or regulations is necessary for the protection of the health or safety of the public or the environment. Permits for Class I hazardous waste injection wells may be modified during their terms when:

(a) the permit condition requested to be modified was based on a promulgated regulation or guideline;

(b) there has been a revision, withdrawal, or modification of that portion of the regulation or guideline on which the permit condition was based; and

(c) a permittee requests modification within 90 days after Louisiana Register notice of the action on which the request is based.

ii. When standards or regulations on which the permit was based have been changed by withdrawal of standards or regulations or by promulgation of amended standards or regulations which impose less stringent requirements on the permitted activity or facility and the permittee requests to have permit conditions based on the withdrawn or revised standards or regulations deleted from his permit, the permit may be modified as a minor modification without providing for public comment.

iii. For judicial decisions, a court of competent jurisdiction has remanded and stayed Office of Conservation regulations or guidelines and all appeals have been exhausted, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee to have permit conditions based on the remanded or stayed standards or regulations deleted from his permit.

d. Compliance Schedules. The commissioner 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 reasonable available remedy.

2. Causes for Modification or Revocation and Reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit.

a. Cause exists for termination under §213 E, and the commissioner determines that modification or revocation and reissuance is appropriate.

b. The commissioner has received notification of a proposed transfer of the permit and the transfer is determined not to be a minor modification (see §213. D.4 permit may be modified to reflect a transfer after the effective date (§213. F.2.b but will not be revoked and reissued after the effective date except upon the request of the new permittee.

c. A determination that the waste being injected is a hazardous waste as defined in the Louisiana Hazardous Waste Management Program either because the definition has been revised or because a previous determination has been changed.

3. Facility Siting. Suitability of an existing facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that continued operations at the site pose a threat to the health or safety of persons or the environment which was unknown at the time of permit issuance. A change of injection site or facility location may require modification or revocation and issuance as determined to be appropriate by the commissioner.

4. If a permit modification satisfies the criteria of this Section, a draft permit must be prepared and other applicable procedures must be followed.

D. Minor Modifications of Permits. Upon the consent of the permittee, the commissioner may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section without issuing a draft permit and providing for public comment. Minor modifications may only:

1. correct typographical errors;

2. require more frequent monitoring or reporting by the permittee;

3. change an interim compliance date in a schedule of compliance, provided the new date does not interfere with attainment of the final compliance date requirement;

4. allow for a change in ownership or operational control of a facility where the commissioner 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 the commissioner (see §213 F);

5. change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the commissioner, would not interfere with the operation of the facility or its ability to meet conditions prescribed in the permit, and would not change its classification;

6. change construction requirements or plans approved by the commissioner provided that any such alteration shall comply with the requirements of this Section and §209 No such changes may be physically incorporated into construction of the well prior to approval; or

7. amend a plugging and abandonment plan which has been updated under §209 L

E. Termination of Permits

1. The commissioner may terminate a permit during its term for the following causes:

a. noncompliance by the permittee with any condition of the permit;

b. 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

c. a determination that the permitted activity endangers the health or safety of persons or the environment which activity cannot be regulated to acceptable levels by permit modification and can only be regulated to acceptable levels by permit termination.

2. If the commissioner decides to terminate a permit, he shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under §211 C

3. The commissioner may alternatively decide to modify or revoke and reissue a permit for the causes in §213. E (see §213. C.2 a

F. Transfers of Permits

1. A permit may be transferred to a new owner or operator upon approval by the commissioner.

2. The current permittee shall submit an application for transfer at least 30 days before the proposed transfer date. The application shall contain the following:

a. name and address of the transferee;

b. date of proposed transfer; and

c. a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them. The agreement should also demonstrate to the satisfaction of the commissioner that the financial responsibility requirements of §207. C will be met by the new permittee.

3. If the commissioner does not notify the existing permittee and the proposed new permittee of his intent to modify or revoke and reissue the permit under §213. C.2.b the transfer is effective on the date specified in the agreement mentioned in Paragraph 2.c above.

4. If no agreement described in §213. F.2 is provided, responsibility for compliance with the terms and conditions of the permit and liability for any violation will shift from the existing permittee to the new permittee on the date the transfer is approved.

5. If a person attempting to acquire a permit causes or allows operation of the facility before approval by the commissioner, it shall be considered a violation of these rules for operating without a permit or other authorization.

La. Admin. Code tit. 43, § XVII-213

Promulgated by the Department of Natural Resources, Office of Conservation, LR 15:978 (November 1989).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:1 D and 4C(16), and 4.1.