Reopening a Part 70 Permit by the Department.
Mandatory Reopening by the Department.
The Department shall reopen and revise or revoke the federally enforceable
conditions of a Part 70 permit under the following circumstances:
(a) Additional requirements of the Clean Air
Act become applicable to a major Part 70 source with a remaining permit term of
3 or more years;
requirements, including excess emissions requirements, become applicable to an
affected source under the acid rain program;
(c) The Department or the EPA determines that
the permit contains a material mistake or is based on false or inaccurate
information supplied by or on behalf of the applicant; or
(d) The Department or the EPA determines that
the permit must be revised or revoked to assure compliance with the applicable
requirements of the Clean Air Act.
(2) A reopening and revision under
§A(1)(a) of this regulation shall be completed not later than 18 months
after promulgation of the new applicable requirement. A reopening is not
required if the effective date of the new requirement is later than the date on
which the permit is due to expire, unless the original permit or any of the
original permit's terms and conditions have been extended pursuant to
Regulation .13B of this chapter.
(3) Upon approval by the EPA, excess emission
offset plans under §A(1)(b) of this regulation are deemed to be
incorporated into the permit.
Discretionary Reopening by the Department. The Department may reopen and revise
the federally enforceable conditions of a Part 70 permit under any of the
(a) The Department
determines that the permit must be revised or revoked to assure compliance with
an applicable national ambient air quality standard or increment; or
(b) The Department receives information
previously unavailable to the Department that shows that the terms and
conditions of the permit do not accurately reflect the actual circumstances
relating to the permitted facility.
Discretionary Reopening by EPA. The EPA
may reopen a Part 70 permit as prescribed in 40 CFR § 70.7(g)
Procedures for Reopening a Part 70 Permit
by the Department.
Not later than 30 days
before reopening a permit under this regulation, unless the Department
determines that a shorter period is necessary to protect public health, the
Department shall notify the permittee and the EPA of:
(a) The Department's intention to reopen the
(b) Which provisions of the
permit will be reopened or that revocation is proposed;
(c) The proposed revision;
(d) The basis for the decision; and
(e) The procedures that apply to the
(2) Not later
than 20 days after receiving notice, unless a shorter time is specified by the
Department, the permittee shall respond to the notice by providing the
Department with all information that the permittee considers relevant to the
notice of proposed reopening. A copy of this response shall be sent
simultaneously to the EPA. Failure to timely respond or submit relevant
information constitutes a waiver by the permittee of its right to respond to
Notice of Reopening
or Decision Not to Reopen.
provided in §C(3)(b) of this regulation, not sooner than 30 days after the
permittee received the notice required by this section, unless the Department
determines that a shorter time is required to protect public health, the
Department shall notify the permittee and the EPA:
(i) That the permit has been
(ii) Which provisions are
reopened and the proposed revision if the proposed revisions can be determined,
or that revocation is proposed; and
(iii) Of the procedures that apply to the
(b) At any
time before notifying the permittee of a decision to reopen the permit, the
Department may notify the permittee and the EPA of a decision to not reopen the
(c) A decision to reopen a
permit is not a final decision of the Department.
(4) Procedures to be Followed for a Reopened
Permit. The procedures to be followed if a permit is reopened shall be the same
procedures that were used for the initial permit issuance as specified in
Regulations .07, .08, and .09 of this chapter.
(5) Application for Reopened Permit and
Effective Date of Reopening. Not later than 30 days after it receives notice of
a decision to reopen a permit, unless the Department specifies a shorter time,
the permittee shall submit a complete application for a revised permit,
following the procedures specified by the Department. The permit is considered
to be reopened on the day that the Department receives a complete application
for the revised permit, except that if a complete application is not received
within 30 days after the permittee receives notice of the reopening, the
permittee waives the right to participate in the reopened permit and the date
of reopening is the date 30 days after the applicant received notice of the
reopening. In this event, the Department may proceed to revise or revoke the
permit without the participation of the permittee using, to the extent
practicable, the procedures specified under §C(4) of this regulation,
including billing the permittee for any costs of public notice or other costs
for which an applicant is responsible under Regulation .07 of this
(6) Decision to Revise or
Revoke Permit. Not later than 90 days after the effective date of reopening,
unless the Department determines that a longer period is required to satisfy
the procedures specified for the reopening, the Department shall revise or
revoke the permit. A decision to revise or revoke a Part 70 permit is subject
to the review provisions at Regulations .11 and .12 of this chapter.
D. Extension of Expiration Date of
Permit. This regulation does not apply to an extension of the expiration date
of a Part 70 permit unless the entire permit is reopened and the requirements
of this chapter for renewal of a Part 70 permit are followed.
E. Other Actions Not Limited. This regulation
is not a limitation on the authority of the Department to bring or pursue at
any time any administrative, civil, or criminal judicial action authorized by
law for violation of a Part 70 permit, including actions for penalties and
injunctive relief. The Department may reopen and revise or revoke a Part 70
permit while administrative or judicial enforcement action is pending or after
it has ended.
F. Summary Revocation
of a Permit. Notwithstanding any other provision of this chapter, in order to
protect the public health, the Department may initiate administrative action to
revoke a permit using the minimum procedures necessary to protect the rights of
the permittee. These procedures may include summary revocation by the
Department of a Part 70 permit and, if necessary, judicial actions to enforce
the summary revocation pending administrative proceedings and judicial review
to determine whether the permit should be revoked permanently or revised, or
other appropriate action taken.