020-13 Wyo. Code R. § 13-8

Current through April 27, 2019

Section 13-8 - Permit modification, revocation, termination or transfer

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee or licensee) or upon the administrator's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in this section. All requests shall be in writing and shall contain facts or reasons supporting the request.

(b) If the administrator decides the request is not justified, he or she shall send the requester a brief written response giving the reason for the decision. A request for modification, revocation and reissuance, or termination shall be considered denied if the Administrator takes no action within 60 days after receiving the written request. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice and comment. Denials by the administrator may be appealed for hearing to the Environmental Quality Council by a letter briefly setting forth the relevant facts.

(c) The administrator shall modify a permit or license when:

(i) Any material or substantial alterations or additions to the facility occur after permitting or licensing, which justify the application of permit conditions that are different or absent in the existing permit; or

(ii) Any modification in the operation of the facility is capable of causing or increasing pollution in excess of applicable standards or permit conditions.

(iii) Information warranting modification is discovered after the operation has begun that would have justified the application of different permit conditions at the time of permit issuance;

(iv) Regulations or standards upon which the permit or license was based have changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;

(v) Cause exists for termination, as described in this section, but the department determines that modification is appropriate; or

(vi) Modification is necessary to comply with applicable statutes, standards or regulations.

(d) Minor modifications of permits may be performed with the consent of the permittee or licensee without following the public notice requirements applicable to other modifications. Minor modifications will become final twenty (20) days from the date of receipt of such notice. For the purposes of this chapter, minor modifications may only:

(i) Correct typographical errors;

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

(iii) 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;

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

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

(vi) Change construction requirements approved by the director pursuant to department rules and regulations provided that any such alteration shall comply with the requirements of this chapter; or

(vii) Amend a plugging and abandonment plan.

(e) The administrator may revoke a permit for the following reasons:

(i) noncompliance with terms and conditions of the permit;

(ii) failure in the application or during the issuance process to disclose fully all relevant facts, or misrepresenting any relevant facts at any time; or

(iii) a determination that the activity endangers human health or the environment and can only be regulated to acceptable levels by a permit or license modification or termination.

(f) The administrator may modify a permit or license to resolve issues that could lead to the revocation or consider any of the reasons in Section (e) of this section as sufficient justification to terminate a permit or license. The administrator as part of any notification of intent to terminate a permit or license shall order the permittee or licensee to proceed with reclamation on a reasonable time period.

(g) If the administrator tentatively decides to modify or revoke and reissue a permit, he or she shall prepare a draft permit or license incorporating the proposed changes. The administrator may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the administrator shall require the submission of a new application.

(h) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit or license is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit has expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is issued.

(i) Permits will be automatically terminated after closure and release of the financial responsibility requirements of Section 17 by the department.

(j) When a permit transfer occurs pursuant to this section, the past permit will automatically terminate.

(k) Transfer of a permit is allowed only upon approval by the administrator.

(i) The permit holder shall apply in writing as though he was the original applicant for the permit and shall further agree to be bound by all of the terms and conditions of the permit and provide the necessary bonds;

(ii) The potential transferee shall file a statement of qualifications to hold a permit with the administrator; and

(iii) Transfer will not be allowed if the permittee is in noncompliance with any term and conditions of the permit, unless the transferee agrees to bring the facility back into compliance with the permit.

(iv) When a permit transfer occurs, the administrator may modify a permit pursuant to this section. The administrator shall provide public notice pursuant to Section 19 for any modification other than a minor modification defined by this section.

(l) Proposed modifications, revocations or terminations are subject to the public notice and hearing requirements outlined in Section 19 of this chapter.

020-13 Wyo. Code R. § 13-8