020-13 Wyo. Code R. §§ 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.
Notes
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No prior version found.