Section 326IAC2-8-8. Permit reopening

   (a) A permit may be reopened and revised under any of the circumstances listed in IC 13-15-7 or if the commissioner determines any of the following:

(1) That a FESOP contains a material mistake.

(2) That inaccurate statements were made in establishing the emissions standards or other terms or conditions of a FESOP.

(3) That a FESOP must be revised or revoked to assure compliance with an applicable requirement.

  (b) Proceedings by the commissioner to reopen and revise a FESOP shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the 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 FESOP under subsection (a) shall not be initiated before a notice of such intent is provided to a FESOP source by the commissioner at least thirty (30) days in advance of the date the permit is to be reopened, except that the commissioner may provide a shorter time period in the case of an emergency. (Air Pollution Control Division; 326 IAC 2-8-8; filed May 25, 1994, 11:00 a.m.: 17 IR 2275; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2358; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA)