Current through Register Vol. 48, No. 1, January 10, 2025
Section 5 CCR 1001-5-C-XIII - Reopening for Cause of Permits Issued Pursuant to Part CXIII.A. A permit issued pursuant to Part C of this Commission Regulation Number 3, shall be reopened and revised under any of the following circumstances:XIII.A.1. Additional applicable requirements become applicable to a major source with a remaining permit term of three or more years. Such reopening shall be completed no later than eighteen months after promulgation of the applicable requirement. 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, unless the original permit or any of its terms and conditions has been extended, or if a general permit is obtained to address the new requirement pursuant to Section VIII.A.2. of this Part C;XIII.A.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;XIII.A.3. The Division or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit;XIII.A.4. The Division or the Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements;XIII.A.5. Permit reopening and reissuance shall be processed using the procedures set forth in Sections III., IV., and V. of this Part C for permit issuance and permit renewal;XIII.A.6. Proceedings to reopen and reissue permits affect only those parts of the permit for which cause to reopen exists; andXIII.A.7. Reopening under this section of Part C shall not be initiated before notice of such intent is provided to the source by the Division at least thirty days in advance of the date that the permit is to be reopened. The Division may provide a shorter time period within which to give notice in the case of an emergency.XIII.B. The Division shall extend the permit shield to those parts of the permit that have been changed pursuant to the reopening and reissuance proceedings of Part C.XIII.C. A source may choose to have its operating permit renewed during any proceeding for reopening the permit under this section, provided a complete application is submitted pursuant to Part C.37 CR 18, September 25, 2014, effective 10/15/201437 CR 24, December 25, 2014, effective 1/14/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 21, November 10, 2016, effective 11/30/201641 CR 21, November 10, 2018, effective 11/30/201843 CR 02, January 25, 2020, effective 2/14/202044 CR 02, January 25, 2021, effective 2/14/202146 CR 02, January 25, 2022, effective 2/14/202346 CR 12, June 25, 2023, effective 7/15/202347 CR 06, March 25, 2024, effective 4/15/202447 CR 12, June 25, 2024, effective 7/15/2024