1. (1) The following are causes for modification and may be causes for revocation and reissuance of permits.

   1. (a) Alterations. There are material and substantial alterations or additions to the permitted CO2 Sequestration facility or activity that occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
   2. (b) Information. The division has received information pertinent to the permit that would have justified the application of different permit conditions at the time of issuance.

   3. (c) New Regulations.

      1. (i) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits for storage facilities may be modified during their terms when:

         1. (A) The permit condition requested to be modified was based on a promulgated regulation or guideline;
         2. (B) There has been a revision, withdrawal, or modification of that portion of the regulation or guideline on which the permit condition was based; and
         3. (C) An operator requests modification within 90 days.
      2. (ii) When standards or regulations on which the permit was based have been changed by withdrawal of standards or regulations or by promulgation of amended standards or regulations which impose less stringent requirements on the permitted activity or CO2 Sequestration facility and the operator requests to have permit conditions based on the withdrawn or revised standards or regulations deleted from their permit.
      3. (iii) For judicial decisions, a court of competent jurisdiction has remanded and stayed Division of Oil, Gas and Mining regulations or guidelines and any appeals have been exhausted, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the operator to have permit conditions based on the remanded or stayed standards or regulations deleted from their permit.
   4. (d) Compliance Schedules. The division 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 operator has little or no control and for which there is no reasonable available remedy.

   5. (e) Additional Modification of CO2 Sequestration Facility Permit. For Class VI wells, whenever the division determines that permit changes are necessary based on:

      1. (i) Area of review reevaluations under Subsection R644-8-2(2);
      2. (ii) Any amendments to the testing and monitoring plan under Subsection R644-13-1(1)(j);
      3. (iii) Any amendments to the injection well plugging plan under Subsection R644-16-1(3);
      4. (iv) Any amendments to the post-injection site care and site closure plan under Subsection R644-17-1(1)(c);
      5. (v) Any amendments to the emergency and remedial response plan under Subsection R644-12-1(4); or
      6. (vi) A review of monitoring and testing results conducted in accordance with permit requirements.

2. (2) The following are causes to modify or, alternatively, revoke and reissue a permit:

   1. (a) Cause exists for termination under Section R644-7-4, and the division determines that modification or revocation and reissuance is appropriate;
   2. (b) The division has received notification of a proposed transfer of the permit and the transfer is determined not to be a minor modification, under Subsection R644-7-3(1)(d). A permit may be modified to reflect a transfer after the effective date but will not be revoked and reissued after the effective date except upon the request of the new operator; or
   3. (c) A determination that the contents being injected are a hazardous waste as defined in Section R644-1-1 either because the definition has been revised, or because a previous determination has been changed; or
   4. (d) To incorporate such other requirements as may be necessary under the Safe Drinking Water Act.
3. (3) CO2 Sequestration Facility Siting. Suitability of an existing CO2 Sequestration facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that continued operations at the site pose a threat to the health or safety of persons or the environment which was unknown at the time of permit issuance. A change of injection site or CO2 Sequestration facility location may require modification or revocation and issuance as determined to be appropriate by the division.
4. (4) If a permit modification satisfies the criteria of this section, a draft permit must be prepared, and other applicable procedures must be followed.

KEY: oil and gas law

Date of Last Change: July 31, 2025

Authorizing, and Implemented or Interpreted Law: 40-11-3