[Title 40 CFR 144.39]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 144 - UNDERGROUND INJECTION CONTROL PROGRAM]
[Subpart D - Authorization by Permit]
[Sec. 144.39 - Modification or revocation and reisssuance of permits.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT222009-07-012009-07-01false144.39Sec. 144.39PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAMAuthorization by Permit
Sec. 144.39  Modification or revocation and reisssuance of permits.

    When the Director receives any information (for example, inspects 
the facility, receives information submitted by the permittee as 
required in the permit (see Sec. 144.51 of this chapter), receives a 
request for modification or revocation and reissuance under Sec. 124.5, 
or conducts a review of the permit file) he or

[[Page 723]]

she may determine whether or not one or more of the causes listed in 
paragraphs (a) and (b) of this section for modification or revocation 
and reissuance or both exist. If cause exists, the Director may modify 
or revoke and reissue the permit accordingly, subject to the limitations 
of paragraph (c) of this section, and may request an updated application 
if necessary. When a permit is modified, only the conditions subject to 
modification are reopened. If a permit is revoked and reissued, the 
entire permit is reopened and subject to revision and the permit is 
reissued for a new term. See Sec. 124.5(c)(2) of this chapter. If cause 
does not exist under this section or Sec. 144.41 of this chapter, the 
Director shall not modify or revoke and reissue the permit. If a permit 
modification satisfies the criteria in Sec. 144.41 for ``minor 
modifications'' the permit may be modified without a draft permit or 
public review. Otherwise, a draft permit must be prepared and other 
procedures in part 124 must be followed.
    (a) Causes for modification. The following are causes for 
modification. For Class I hazardous waste injection wells, Class II, or 
Class III wells the following may be causes for revocation and 
reissuance as well as modification; and for all other wells the 
following may be cause for revocation or reissuance as well as 
modification when the permittee requests or agrees.
    (1) Alterations. There are material and substantial alterations or 
additions to the permitted facility or activity which occurred after 
permit issuance which justify the application of permit conditions that 
are different or absent in the existing permit.
    (2) Information. The Director has received information. Permits 
other than for Class II and III wells may be modified during their terms 
for this cause only if the information was not available at the time of 
permit issuance (other than revised regulations, guidance, or test 
methods) and would have justified the application of different permit 
conditions at the time of issuance. For UIC area permits (Sec. 144.33), 
this cause shall include any information indicating that cumulative 
effects on the environment are unacceptable.
    (3) New regulations. The standards or regulations on which the 
permit was based have been changed by promulgation of new or amended 
standards or regulations or by judicial decision after the permit was 
issued. Permits other than for Class I hazardous waste injection wells, 
Class II, or Class III wells may be modified during their terms for this 
cause only as follows:
    (i) For promulgation of amended standards or regulations, when:
    (A) The permit condition requested to be modified was based on a 
promulgated part 146 regulation; and
    (B) EPA has revised, withdrawn, or modified that portion of the 
regulation on which the permit condition was based, and
    (C) A permittee requests modification in accordance with Sec. 124.5 
within ninety (90) days after Federal Register notice of the action on 
which the request is based.
    (ii) For judicial decisions, a court of competent jurisdiction has 
remanded and stayed EPA promulgated regulations if the remand and stay 
concern that portion of the regulations on which the permit condition 
was based and a request is filed by the permittee in accordance with 
Sec. 124.5 within ninety (90) days of judicial remand.
    (4) Compliance schedules. The Director 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. See also Sec. 144.41(c) (minor modifications).
    (b) Causes for modification or revocation and reissuance. The 
following are causes to modify or, alternatively, revoke and reissue a 
permit:
    (1) Cause exists for termination under Sec. 144.40, and the 
Director determines that modification or revocation and reissuance is 
appropriate.
    (2) The Director has received notification (as required in the 
permit, see Sec. 144.41(d)) of a proposed transfer of the permit. A 
permit also may be modified to reflect a transfer after the effective 
date of an automatic transfer (Sec. 144.38(b)) but will not be revoked 
and reissued after the effective date of the

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transfer except upon the request of the new permittee.
    (3) A determination that the waste being injected is a hazardous 
waste as defined in Sec. 261.3 either because the definition has been 
revised, or because a previous determination has been changed.
    (c) Facility siting. Suitability of the facility location will 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.

[48 FR 14189, Apr. 1, 1983, as amended at 53 FR 28147, July 26, 1988]