Duration of Permits

Section 702 Section 702.161  Duration of Permits a)         Permit duration. 1)         RCRA.  A RCRA permit must be effective for a fixed term to be determined by the Agency on a case-by-case basis, but not to exceed 10 years. 2)         UIC.  A UIC permit for a Class I or Class V injection well must be effective for a fixed term to be determined by the Agency on a case-by-case basis, but not to exceed 10 years.  A UIC permit for a Class III injection well must be issued for a period not to exceed five years; provided, however, that the Agency must, without requiring a new application, renew such permits for a period not to exceed five years per renewal, up to the operating life of the facility, unless the Agency determines that the permit should be modified, reissued, or a minor modification made, as provided in Sections 702.183 through 702.187, in which case the permittee must file a new permit application.  A UIC permit for a Class VI injection well must be issued for a period not to exceed five years; provided, however, that the Agency must, without requiring a new application, renew a Class VI injection well permit for a period not to exceed five years per renewal, up to the operating life of the facility and the post-injection site care period, unless the Agency determines that the permit should be modified, reissued, or a minor modification made, as provided in Sections 702.183 through 702.187, in which case the permittee must file a new permit application. b)         Except as provided in Section 702.125, the term of a permit must not be extended by modification beyond the maximum duration specified in this Section. c)         The Agency may issue any permit for a duration that is less than the full allowable term pursuant to this Section. d)         The Agency must review each RCRA permit for a land disposal facility no later than five years after the date of permit issuance or reissuance, and the Agency must modify the permit as necessary, as provided in Section 702.183 and 702.184. BOARD NOTE:  Derived from 40 CFR 144.36 and 270.50 (2011).