Alaska Admin. Code tit. 20, § 25.1410 – Modification, revocation and reissuance of permit

(a) A storage facility permit may be modified, or revoked and reissued, either on a request for review by any interested person, or on the commission's initiative, for the reasons specified in this section. The commission will review the termination of a storage facility permit under 20 AAC 25.1420 or a minor modification under 20 AAC 25.1430.
(b) On receipt of a request for review or of information, including from a storage facility inspection, from a storage operator pursuant to a requirement in a storage facility permit, or from conducting a review of the storage facility permit, the commission may determine that cause exists for modification or revocation and reissuance of a permit. The following constitute cause for modification or revocation and reissuance under this section:
1. (1) an area of review reevaluation under 20 AAC 25.1070;
2. (2) any amendments to the testing and monitoring plan under 20 AAC 25.1250;
3. (3) any amendments to the Class VI well plugging plan under 20 AAC 25.1300;
4. (4) any amendments to the post-injection site care and site closure plan under 20 AAC 25.1310;
5. (5) any amendments to the emergency and remedial response plan under 20 AAC 25.1260;
6. (6) a review of monitoring or testing results conducted in accordance with permit requirements;
7. (7) the commission receives information that was not available at the time the permit was issued that justifies application of different permit conditions;
8. (8) material and substantial alterations or additions to the permitted facility or activity after permit issuance that justifies the application of permit conditions that are different or absent in the existing permit;
9. (9) the standards or regulations on which the permit was based have been changed by enactment of new or amended standards or adoption of regulations or by judicial decision with precedential effect after the permit was issued;
10. (10) determination by the commission that good cause exists for modification of a compliance schedule under 20 AAC 25.1140, including an act of God, strike, flood, earthquake, or materials shortage or other event over which the storage operator has little or no control and for which there is no reasonably available remedy.
(c) If the commission determines under (b) of this section that cause exists, the commission may modify or revoke and reissue a permit, subject to the limitations of this section, and may request an updated storage facility permit 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 reissuance for a new term under 20 AAC 25.1160. If the commission finds cause does not exist under this section or 20 AAC 25.1431, the commission will not modify or revoke and reissue the permit. If a permit modification satisfies the criteria in 20 AAC 25.1430 for minor modifications, the permit may be modified without a draft permit or public review under 20 AAC 25.1150. Otherwise, a draft permit must be prepared and the procedures in 20 AAC 25.1150 followed.
(d) If the commission determines that a request for review made under (a) of this section is not justified, the commission shall provide the person making the request a brief written response of the commission's decision. A denial of a request for modification, revocation and reissuance, or termination under 20 AAC 25.1420, are not subject to public notice, comment, or hearing.
(e) In addition to the factors set forth in (b) of this section, the commission may consider the following causes as a basis to modify or, alternatively, revoke and reissue a permit:
1. (1) a finding that cause exists for termination under 20 AAC 25.1420, and the commission determines that modification or revocation and reissuance is appropriate.
2. (2) the commission has received notification of a proposed transfer of a storage facility permit;
3. (3) a determination that the waste being injected into a storage facility is a hazardous waste as defined in 20 AAC 25.1020(c), either because the definition of hazardous waste has been revised, or because a previous determination has been changed.
(f) The commission will not consider suitability of the storage facility location 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.