(a) A permit, license to mine, or Research and Development License may be revised as a significant or non-significant revision as specified in Sections 14(b) and 14(c), respectively, to address one or more of the following considerations, subject to the limitations of Sections 14(d) and 14(e). - (i) A revision may be necessary to address:
- (A) A permit condition per Section 12 of this Chapter;
- (B) An excursion or other aspect of noncompliance per Sections 18 and 19 of this Chapter and W.S. 35-11-429(a)(ii); or
- (C) A corrective action or compliance schedule per Section 20 of this Chapter;
- (D) A concern noted during the five-year review per Section 13 of this Chapter; or
- (E) An objection by the Administrator to a part of the Annual Report per W.S. § 35-11-411(b);
- (F) A change that could jeopardize reclamation or protection of any waters of the state per W.S. W.S. 35-11-429(a)(iv);
- (ii) Any interested person, including the operator may request a revision provided the request is in writing and contains facts or reasons supporting the request. If the Administrator decides that a request for a permit or license revision is not justified, he or she shall send the requester a brief written response giving the reason(s) for the decision. Denials of requests for revisions are not subject to public notice and comment;
- (iii) If the Administrator requires the operator to revise any Class III Well portions of a permit or Research and Development License, he or she shall prepare a letter to the operator specifying the needed changes and additional information.
(b) The occurrence of any of the following with regards to the Class III Well portion of a permit or Research and Development License shall result in the operator being required to revise the permit or Research and Development License. These revisions shall be treated as significant revisions and require public notice as specified in Chapter 7 of these regulations and Section 21 of this Chapter. In addition, the fact sheet will be updated for these revisions: - (i) Any material or substantial alterations or additions to the facility which occurred after issuance of the permit or license, which justify the application of permit or license conditions that are different or absent in the existing permit or license, including:
- (A) Any increase in the amount of land related to installation or operation of additional Class III wells, from that which was approved in the original in situ mining permit or Research and Development License. Such a revision shall include (if not already presented in the permit or Research and Development License) the information required in W.S. § 35-11-428 and the requirements of Sections 5 through 20 this Chapter. However, if the increase in the amount of land is for purposes unrelated to installation or operation of Class III wells, then the provisions of Section 2(b)(ii) of Chapter 7 apply.
- (ii) The UIC standards or regulations on which the permit or license was based have been changed by promulgation of new or amended standards or regulations or by judicial decision after the permit or license was issued;
- (iii) The Administrator 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.
- (iv) Cause exists for revocation, as described in Section 23 of this Chapter, but the Administrator determines that revision is appropriate;
- (v) A determination is made that the activity endangers human health or the environment and can only be regulated to acceptable levels by a permit revision.
(c) A non-significant revision to any Class III Well portion of a permit or Research and Development License shall meet the requirements of Chapter 7 of these regulations, except that a non-significant revision, with operator consent, shall be for the following reasons only: - (i) To correct typographical errors;
- (ii) To require more frequent monitoring or reporting by the operator;
- (iii) To 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 schedule of compliance and does not interfere with attainment of the final compliance date requirement;
- (iv) To allow for a change in ownership or operational control of a facility where the Administrator determines that no other change in the permit or Research and Development License is necessary provided that a written agreement is submitted in a format and on forms required by the Administrator containing a specific date for transfer of permit or Research and Development License responsibility, coverage, and liability between the current operator and new operator;
- (v) To change quantities or types of fluids injected which are within the capacity of the facility as permitted or licensed and would not interfere with the operation of the facility or its ability to meet conditions described in the permit or Research and Development License and would not change its classification;
- (vi) To change well construction requirements approved by the Administrator pursuant to Section 8 of this Chapter, provided that any such alteration shall comply with the requirements of Section 8; or
- (vii) To amend a well plugging/conversion plan which has been updated under Section 10 of this Chapter;
- (viii) To submit a wellfield data package that conforms to the specifics of the permit document.
(d) Suitability of the Class III well location will not be considered at the time of permit revision 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.
(e) Only those conditions to be revised shall be reopened when a revision is necessary. All other aspects of the existing permit shall remain in effect for the duration of the unrevised permit. In the case that a portion of the permit is in violation of law, that portion of the permit shall be opened for review.
(f) Reviews and decisions on a permit revision application shall be conducted according to the provisions in Chapter 7.
020-11 Wyo. Code R. § 11-14
Amended, Eff. 11/13/2018.