Section 326IAC2-7-9. Permit reopening

   (a) A permit shall be reopened and revised under any of the following circumstances:

(1) Additional applicable requirements under the CAA become applicable to a major Part 70 source with a remaining Part 70 permit term of three (3) or more years. Such a permit reopening and revision shall be completed not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening and revision is required if the effective date of the new applicable requirement is later than the date on which a Part 70 permit is due to expire, unless the existing Part 70 permit or any of its terms or conditions has been extended under section 4(a)(2)(E) of this rule.

(2) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the U.S. EPA, excess emissions offset plans shall be deemed to be incorporated into a Part 70 permit.

(3) The commissioner or the U.S. EPA determines any of the following:

(A) That a Part 70 permit contains a material mistake.

(B) That inaccurate statements were made in establishing the emissions standards or other terms or conditions of a Part 70 permit.

(C) That a Part 70 permit must be revised or revoked to assure compliance with an applicable requirement.

(4) If the U.S. EPA fails to promulgate a standard for a pollutant listed under Section 112(b) of the CAA according to the schedule required in Section 112(e) of the CAA, the commissioner shall make the emission limitations determination for each affected category or subcategory of a major source on a case-by-case basis. Emission limitations established on a case-by-case basis shall be no less stringent than the standards established in 326 IAC 2-4.1.

  (b) Proceedings by the commissioner to reopen and revise a Part 70 permit shall follow the same procedures as apply to initial Part 70 permit issuance and shall affect only those parts of the Part 70 permit for which cause to reopen exists. Such reopening and revision shall be made as expeditiously as practicable.

  (c) The reopening and revision of a permit under subsection (a) shall not be initiated before a notice of such intent is provided to a Part 70 source by the commissioner at least thirty (30) days in advance of the date that the permit is to be reopened, except that the commissioner may provide a shorter time period in the case of an emergency.

  (d) If the U.S. EPA finds cause exists to terminate, modify, or revoke and reissue a Part 70 permit, the U.S. EPA will provide written notification to the commissioner and the permittee. Such notification shall initiate the following actions:

(1) The commissioner shall, within ninety (90) days after receipt of such notification, forward to the U.S. EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The U.S. EPA may extend this ninety (90) day period for an additional ninety (90) days if it is found that a new or revised Part 70 permit application is necessary or that the commissioner must require the permittee to submit additional information.

(2) The U.S. EPA will review the proposed determination from the commissioner within ninety (90) days of receipt.

(3) The commissioner shall have ninety (90) days from receipt of the U.S. EPA objection to resolve any objection that the U.S. EPA makes and to terminate, modify, or revoke and reissue a Part 70 permit in accordance with the U.S. EPA's objection.

(4) If the commissioner fails to submit a proposed determination under subdivision (1) or fails to resolve any objection under subdivision (3), the U.S. EPA will terminate, modify, or revoke and reissue the Part 70 permit after taking the following actions:

(A) Providing at least a thirty (30) day notice to the permittee in writing of the reasons for any such action. This notice may be given during the procedures in this subsection.

(B) Providing the permittee an opportunity for comment on the U.S. EPA's proposed action and an opportunity for a hearing.

(Air Pollution Control Division; 326 IAC 2-7-9; filed May 25, 1994, 11:00 a.m.: 17 IR 2261; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1038)