43-05-01-12. Modification, revocation, and reissuance or termination of permits.

1. Permits are subject to review by the commission. Any interested person (i.e., the storage operator, local governments having jurisdiction over land within the area of review, and any person who has suffered or will suffer actual injury or economic damage) may request that the commission review permits issued under this chapter for one of the reasons set forth below. All requests must be in writing and must contain facts or reasons supporting the request. If the commission determines that the request may have merit or at the commission's initiative for one or more of the reasons set forth below, the commission may review the permit. After review, the commission may modify or revoke a permit. Permits may be modified or revoked and reissued when the commission determines one of the following events has occurred: a. Changes to the facility area; b. Injecting into a reservoir not specified in the permit; c. Any increase greater than the permitted carbon dioxide storage volume; d. Changes in the chemical composition of the carbon dioxide stream; e. Area of review reevaluations under subdivision a of subsection 4 of section 43-05-01-05.1;

1. f. Amendment to the testing and monitoring plan under subdivision j of subsection 1 of section 43-05-01-11.4;
2. g. Amendment to the injection well plugging plan under subsection 3 of section 43-05-01-11.5;
3. h. Amendment to the postinjection site care and facility closure plan under subsection 3 of section 43-05-01-19;
4. i. Amendment to the emergency and remedial response plan under subsection 4 of section 43-05-01-13;
5. j. Review of monitoring and testing results conducted in accordance with injection well permit requirements;
6. k. The commission receives information that was not available at the time of permit issuance. Permits 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;
7. l. The standards or regulations on which the storage facility permit was based have been changed by promulgation of new or amended standards or regulations or by judicial decision after the permit was issued;
8. m. The commission 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 storage operator has little or no control and for which there is no reasonably available remedy; or
9. n. 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.1. 2. If the commission tentatively decides to modify or revoke and reissue a permit, the commission shall prepare a draft permit incorporating the proposed changes. The commission may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the commission shall require the submission of a new permit application.

2. 3. In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit 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, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the storage operator shall comply with all conditions of the existing permit until a new final permit is reissued.

3. 4. Suitability of the storage facility location will not be considered at the time of permit modification or revocation 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.

4. 5. The commission has received notification of a proposed transfer of the storage facility permit.

5. 6. The following are causes for terminating an injection well permit during its term: - a. Noncompliance by the storage operator with any permit condition;

b. Failure by the storage operator to fully disclose all relevant facts or misrepresentation of relevant facts to the commission; or c. A determination that the permitted activity endangers human health or the environment.

7. If the commission tentatively decides to terminate a permit, the commission shall issue notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under section 43-05-01-07.2.

History: Effective April 1, 2010; amended effective April 1, 2013.