Section 704.264  Minor Modifications

Upon the consent of the permittee, the Agency may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section, without following the procedures of 35 Ill. Adm. Code 705.  Any permit modification not processed as a minor modification under this Section must be made for cause and with a 35 Ill. Adm. Code 705 draft permit and public notice as required in Sections 704.261 through 704.263.  Minor modifications may only involve the following changes:

a)         Correcting typographical errors;

b)         Requiring more frequent monitoring or reporting by the permittee;

c)         Changing 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; or

d)         Allowing for a change in ownership or operational control of a facility where the Agency 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 Agency; or

e)          Changing quantities or types of fluids injected that are within the capacity of the facility as permitted and which the Agency has determined would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification.

f)          Changing construction requirements approved by the Agency pursuant to 35 Ill. Adm. Code 704.182 (establishing UIC permit conditions), provided that any such alteration must comply with this Part and 35 Ill. Adm. Code 702 and 730.

g)         Amending a plugging and abandonment plan that has been updated under Section 704.181(e).

h)         Amending a Class VI injection well testing and monitoring plan, plugging plan, post-injection site care and site closure plan, or emergency and remedial response plan, where the Agency determines that the modifications merely clarify or correct the plan.

BOARD NOTE:  Derived from 40 CFR 144.41 (2011).

(Source:  Amended at 36 Ill. Reg. 1613, effective January 20, 2012)