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24.0538 Permit termination, suspension, reopening, and amendment.

Cite as [A.S.A.C. § 24.0538]

(a) The Commission, on its own motion or on the petition of any person, may terminate, suspend, reopen, or amend any permit if, after affording the permittee an opportunity for a hearing in accordance with section 24.0514, the Commission determines that:

(1) the permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit;

(2) Permit action is required to assure compliance with the requirements of the Clean Air Act; the Environmental Quality Act, or these Standards and Regulations;

(3) Permit action is required to address additional requirements of the Clean Air Act; the Environmental Quality Act, or these Standards and Regulations;

(4) There is a violation of any condition of the permit;

(5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;

(6) The source is not constructed or operated in accordance with the application for the air pollution control permit and any information submitted as part of the application;

(7) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

(8) More frequent monitoring or reporting by the permittee is required; or

(9) Such is in the public interest. In determining the public interest, the Commission shall consider the environmental impacts of the proposed action, any unavoidable adverse environmental impacts, alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, any irreversible and irretrievable commitments of resources which would be involved in the proposed action, and any other factors which the Commission shall prescribe by rule; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.

(b) The Commission shall reopen and amend a permit if it determines that any one of the following circumstances exists:

(1) Additional applicable requirements pursuant to the Clean Air Act or these Standards and Regulations become applicable to a major air pollution emission source with a remaining permit term of three or more years. Such permit reopening shall be completed not later than eighteen months after promulgation or adoption of the applicable requirement. No such permit reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the expiration date of the original permit or any of its terms and conditions has been extended pursuant to section 24.0525;

(2) the permit contains a material mistake or inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or

(3) The permit must be terminated, suspended, or amended to assure compliance with the applicable requirements.

(c) Procedures to reopen and amend an air pollution control permit shall be the same as procedures which apply to initial permit issuance in accordance with section 24.0525 and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(d) On the reopening of a permit the Commission shall provide written notification to the permittee indicating the basis for reopening at least thirty days prior to the reopening date, except that the Commission may provide a shorter time period if it is determined that immediate action on the reopening is required to prevent an imminent peril to public health and safety or the environment;

(e) If requested by the executive secretary, the owner or operator of an air pollution emission source shall submit a permit application or information related to the basis of the permit reopening or those provisions affected by the reopening within thirty days of receipt of the permit reopening notice. An extension of the application submittal may be granted by the executive secretary if the owner or operator can provide adequate written justification for such an extension.

(f) Upon program approval, if the USEPA Administrator notifies the Commission of any cause to terminate, suspend, reopen, or amend a permit issued to a federal oversight source, the Commission shall submit to the USEPA Administrator within 100 days of receipt of such written notification, or within such other times as required by the USEPA, a proposed determination of termination, suspension, reopening, or amendment as appropriate.

(g) Upon program approval, if the USEPA Administrator objects to the Commission’s proposed determination in subsection (f), the Commission shall terminate, suspend, reopen, or amend the permit in accordance with the USEPA Administrator’s objection within 180 days from receipt of the written objection specified in subsection (f). If the Commission fails to reissue the permit within this 180 days, USEPA will terminate, modify, or revoke and reissue the permit under 40 CFR Part 71 after providing the permittee and the public with notice and opportunity for comment.

History: 2005