| (a) An application for a new production area authorization
is not subject to opportunity for a contested case hearing if:
(1) the authorization is for a production area within
the boundary of the permit under which the authorization will be issued
and the permit includes a range table with values established in accordance
with the requirements in §305.49(a)(10) of this title (relating
to Additional Contents of Application for an Injection Well Permit);
(2) the application includes a restoration table with
restoration parameter values that do not exceed the high values for
the respective parameters in the permit range table; and
(3) the application is for a production area within
the boundary of the permit under which the proposed authorization
will be issued, and the application meets the requirements at §331.104(a)
- (d) of this title (relating to Establishment of Baseline and Control
Parameters for Excursion Detection) regarding baseline wells; or
(4) the application requests authorization for a new,
and subsequent, production area within the permit boundary of a permit
after the first production area authorization has been issued for
a production area within the permit boundary.
(b) An application to amend a restoration table included
in an issued production area authorization is not subject to opportunity
for a contested case hearing if the restoration parameter values in
the proposed amended restoration table do not exceed the respective
values in the permit range table included in the permit under which
the production area authorization was issued.
(c) An application to amend a restoration table to
increase any restoration table value included in an issued production
area authorization is subject to opportunity for a contested case
hearing if the permit under which the production area authorization
was issued does not include a permit range table, established in accordance
with the requirements of §305.49(a)(10) of this title.
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