| (a) The executive director shall reopen a permit for cause.
Cause shall be limited to one or more of the following:
(1) the promulgation or adoption of a new applicable requirement
affecting emission units at the site, unless one of the following applies:
(A) the new requirement is incorporated into a permit which
addresses the emission unit subject to the new requirement;
(B) the effective date of the requirement is later than the
date on which the permit is due to expire, unless the original permit or any
of its terms and conditions has been extended pursuant to §§122.133
of this title (relating to Timely Application) or §122.134 of this title
(relating to Complete Application); or
(C) the remaining permit term is less than three years;
(2) the executive director or the EPA administrator determines
that the permit contains a material mistake;
(3) inaccurate statements were made in establishing the emissions
standards or other terms and conditions of the permit;
(4) the executive director or the EPA administrator determines
that the permit must be revised or terminated to assure compliance with the
applicable requirements;
(5) a phased application schedule in the permit requires a
reopening; or
(6) additional requirements, including excess emissions requirements,
become applicable to an affected source under the acid rain program. Upon
approval by the EPA administrator, excess emissions offset plans shall be
deemed to be incorporated into the permit.
(b) The following procedures shall apply if EPA initiates a
reopening by notifying the executive director in writing that cause, as defined
in this section, exists to terminate or revise a permit.
(1) The executive director shall submit a proposed determination
regarding the reopening to the EPA no later than 90 days after receipt of
the notification. If the EPA extends the period for response by the executive
director, the executive director shall submit the proposed determination no
later than 180 days after receipt of the notification.
(2) Upon receipt of the proposed determination, the EPA shall
have 90 days to object, in writing, to the proposed determination.
(3) The executive director shall have 90 days from receipt
of an EPA objection to resolve the objection and take action on the reopening.
(c) The executive director shall institute proceedings to reopen
permits or authorizations to operate to incorporate requirements under Chapter
106, Subchapter A of this title (relating to General Requirements) or Chapter
116 of this title (relating to Control of Air Pollution by Permits for New
Construction or Modification) or any term or condition of any preconstruction
permit.
(1) Before December 1, 2001, the executive director will institute
proceedings to reopen permits no later than renewal of the permit. Such reopenings
need not follow full permit issuance procedures nor the notice requirement
of subsection (e) of this section but may instead follow the permit revision
procedure in effect under the State's approved Part 70 program for incorporation
of minor NSR permits.
(2) Before December 1, 2001, the executive director will institute
proceedings to reopen authorizations to operate.
(3) Requirements under Chapter 106, Subchapter A, or Chapter
116 of this title or any term or condition of any preconstruction permit will
be incorporated no later than permit renewal for applications for which the
executive director has authorized initiation of public notice by the effective
date of this section.
(d) Except as provided in subsection (c) of this section, reopenings
shall be made as soon as possible. Reopenings shall be completed and the permit
issued by the executive director not later than 18 months after promulgation
or adoption of the applicable requirement.
(e) The executive director shall provide a 30-day notice of
intent to reopen, unless a shorter notice is authorized by the executive director
due to an emergency.
(f) Reopenings shall be subject to the requirements of §122.201
of this title (relating to Initial Permit Issuance). These procedures shall
affect only those parts of the permit for which cause to reopen exists.
(g) The permit holder shall provide any information requested
by the executive director to complete the reopening.
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