Section 58.01.01.386 - REOPENING FOR CAUSEThe Department will reopen a Tier I permit if cause exists. (3-28-23)
01.Criteria. Cause for reopening exists under any of the following circumstances: (3-28-23) a. Additional applicable requirements become applicable to a major Tier I source with a remaining permit term of three (3) or more years; provided that no such reopening is required if the original effective date of the applicable requirement is later than the date on which the Tier I operating permit is due to expire and the original Tier I operating permit or any of its terms and conditions has not been extended pursuant to Section 368; provided further that the permittee must comply with the additional applicable requirement no later than the effective date; (3-28-23)b. Whenever additional applicable requirements become applicable to an affected source, as defined for the purposes of the acid rain program; (3-28-23)c. The Department or EPA determines that the Tier I operating permit contains a material mistake or inaccurate statements were used or considered in establishing the emissions standards or other terms or conditions of the Tier I operating permit; or (3-28-23)d. The Department or EPA determines that the Tier I operating permit does not ensure compliance with the applicable requirements. (3-28-23)02.Procedures for Reopenings. (3-28-23)a. The Department will follow the same procedures for reopening as they apply to initial permit issuance and will affect only those parts of the permit for which cause to reopen exists. Reopenings will be made as expeditiously as practicable in accordance with Sections 360 through 379. (3-28-23)b. The Department will notify the permittee in writing of reopening and provide a brief summary of the reason for the reopening at least thirty (30) days prior to the reopening. (3-28-23)c. The EPA may initiate reopenings for circumstances listed in Subsections 386.01.a. through 386.01.d. by providing written notification to the Department and the permittee. (3-28-23) i. The Department will within ninety (90) days after receipt of notification from EPA, forward to EPA a proposed determination of termination, revocation, revision, or revocation and reissuance, as appropriate. The Administrator may extend the ninety (90) day period for an additional ninety (90) days if EPA finds that a new or revised permit application is necessary or that the Department must require the permittee to submit additional information. (3-28-23)ii. The EPA will review the proposed determination from the Department within ninety (90) days of receipt. (3-28-23)iii. The Department will have ninety (90) days from receipt of an EPA objection to resolve any EPA objection and to terminate, modify, or revoke and reissue the permit. (3-28-23)iv. If the Department fails to submit a proposed determination or fails to resolve any EPA objection, the EPA may terminate, modify, revoke and reissue the permit after taking the following actions: (3-28-23)(1) Providing at least thirty (30) days' notice to the permittee in writing of the reason for such action, and (3-28-23)(2) Providing the permittee an opportunity for comment on the EPA's proposed action and an opportunity for a hearing. (3-28-23)Idaho Admin. Code r. 58.01.01.386