| (vii) In a permit modification, only those conditions
to be modified shall be reopened when a new draft permit is prepared.
All other aspects of the existing permit shall remain in effect for
the duration of the existing permit. When a permit is revoked and
reissued under this section, the entire permit is reopened just as
if the permit had 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 reissued.
(viii) Upon the consent of the permittee, the director
may modify a permit to make the corrections or allowances for minor
changes in the permit, without following the procedures of subsection
(e) of this section, and §5.204 of this title (relating to Notice
of Permit Actions and Public Comment Period), to:
(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 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 director;
(V) change quantities or types of fluids injected which
are within the capacity of the facility as permitted and, in the judgment
of the director, would not interfere with the operation of the facility
or its ability to meet the permit conditions;
(VI) change construction requirements approved by the
director pursuant to §5.206 of this title (relating to Permit
Standards), provided that any such alteration shall comply with the
requirements of this subchapter;
(VII) amend a plugging and abandonment plan which has
been updated under §5.203(k) of this title; or
(VIII) amend an injection well testing and monitoring
plan, plugging plan, post-injection site care and site closure plan,
or emergency and remedial response plan where the modifications merely
clarify or correct the plan, as determined by the director.
(B) Termination of permits.
(i) The following may be causes to terminate a permit
during its term, or deny a permit renewal application:
(I) the permittee's failure to comply with any condition
of the permit or applicable Commission orders or regulations;
(II) 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;
(III) fluids are escaping or are likely to escape from
the injection zone;
(IV) USDWs are likely to be endangered as a result
of the continued operation of the geologic storage facility; or
(V) a determination that the permitted activity endangers
human health or the environment and can only be regulated to acceptable
levels by permit modification or termination.
(ii) The director shall follow the applicable procedures
in subsection (e) of this section, and §5.204 of this title,
in terminating any permit under this section.
(iii) If the director tentatively decides to terminate
a permit under this subchapter, where the permittee objects, the director
shall issue a notice of intent to terminate. A notice of intent to
terminate is a type of draft permit.
(3) Facility siting. Suitability of the facility location
shall 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.
(4) Emergency shutdown. Notwithstanding the provisions
of paragraph (2) of this subsection, in the event of an emergency
that threatens endangerment to USDWs or to life or property, or an
imminent threat of uncontrolled release of CO2,
the director may immediately order suspension of the operation of
the geologic storage facility until a final order is issued pursuant
to a hearing, if any.
(e) Draft permit and fact sheet.
(1) Draft permit; notice of intent to deny.
(A) Once a geologic storage facility permit application
is complete, the director shall decide whether to prepare a draft
permit or to deny the application.
(B) If the director tentatively decides to deny the
permit application, the director shall issue a notice of intent to
deny. A notice of intent to deny the permit application is a type
of draft permit which follows the same procedures as any draft permit
prepared under this section. If the director's final decision is that
the tentative decision to deny the permit application was incorrect,
the director shall withdraw the notice of intent to deny and proceed
to prepare a draft permit.
(C) If the director decides to prepare a draft permit,
the draft permit shall contain the permit conditions required under §5.206
of this title (relating to Permit Standards). If the director is issuing
a denial, the permit conditions are not required.
(2) Fact sheet.
(A) The director shall prepare a fact sheet for every
draft permit. The fact sheet shall briefly set forth the principal
facts and the significant factual, legal, methodological and policy
questions considered in preparing the draft permit.
(B) The director shall send this fact sheet to the
applicant and, on request, to any other person. The director shall
post the fact sheet on the Commission's website.
(C) The fact sheet shall include, when applicable:
(i) a brief description of the type of facility or
activity which is the subject of the draft permit;
(ii) the source and quantity of CO2 proposed
to be injected and stored;
(iii) the reasons why any requested variances or alternatives
to required standards do or do not appear justified;
(iv) a description of the procedures for reaching a
final decision on the draft permit including:
(I) the beginning and ending dates of the comment period;
(II) the address where comments will be received;
(III) The date, time, and location of the storage facility
permit hearing, if a hearing has been scheduled; and
(IV) any other procedures by which the public may participate
in the final decision; and
(v) the name and telephone number of a person to contact
for additional information.
|
