SECTION 252:100-8-7.3. Reopening of operating permits for cause

(a)   Mandatory reopening. Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration date of the permit. A permit shall be reopened and revised under any of the following circumstances:

(1)   Additional federal applicable requirements become applicable to a stationary source with a remaining permit term of three or more years. Such a reopening and amendment shall be completed not later than 18 months after promulgation of the federal applicable requirement. Reopening is allowed if an applicable requirement becomes effective and the original permit or any of its terms and conditions has been extended pursuant to the application shield provided at 252:100-8-7.1(d)(2) beyond the 18-month timeframe for revision. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire.

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

(3)   The DEQ or the EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards, limitations, or other terms or conditions of the permit.

(4)   The Administrator or the DEQ determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b)   Discretionary reopening. The DEQ may reopen and amend a permit when:

(1)   additional state-only requirements become applicable to a permitted stationary source and the effective date of the requirement is at least 18 months prior to the date on which the permit is due to expire;

(2)   alterations or modifications to the permitted facility will result in or have the potential to result in significant alteration of the nature or quantity of regulated air pollutants to be emitted by the permittee;

(3)   the DEQ receives information previously unavailable to the DEQ that shows that the terms and conditions of the permit do not accurately represent the actual circumstances relating to the permitted facility;

(4)   a court of competent jurisdiction invalidates or modifies an Oklahoma or federal statute or rule or federal guideline upon which a condition of the permit is based; or

(5)   an event occurs that is beyond the control of the permittee that necessitates modification of a compliance schedule in the permit.

(c)   Reopening procedures. To reopen and amend a permit, the DEQ shall follow the procedures that apply to significant permit modifications under this Subchapter, unless the amendment can be made as an administrative amendment under 252:100-8-7.2(a). Mandatory reopenings under 252:00-8-7.3(a) shall be made as expeditiously as practicable. In lieu of an application, the significant permit modification process will commence when the DEQ gives the permittee written notice of its intent to amend the permit. The DEQ shall not issue the amendment, or make public notice of the amendment where public notice is required, until at least thirty days after the DEQ has given the permittee written notice of its intent to amend the permit, unless the permittee consents to less notice, or in the case of an emergency. In cases where public participation is required, only those portions of the permit that the DEQ proposes to amend shall be open for public comment or consideration at a meeting or hearing.

(d)   Reopenings for cause by EPA.

(1)   If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit, the Administrator shall notify the DEQ and the permittee of such findings in writing.

(2)   The DEQ shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The Administrator may extend this 90-day period for an additional 90 days if he finds that a new or revised permit application is necessary or that the DEQ must require the permittee to submit additional information.

(3)   The Administrator will review the proposed determination from the DEQ within 90 days of receipt.

(4)   The DEQ shall have 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the Administrator's objection.

(5)   If the DEQ fails to submit a proposed determination pursuant to this subsection, or fails to resolve any objection pursuant to this subsection, the Administrator will terminate, modify, or revoke and reissue the permit after taking the following actions:

(A)   Providing at least 30 days' notice to the permittee in writing of the reasons for any such action.

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

[Source: Added at 15 Ok Reg 2590, eff 6-25-98]