Criteria for revision of operating permit

Sec. 2. The commissioner shall reopen and revise a permit issued under the operating permit program of 42 U.S.C. 7661 through 7661f before the expiration of the permit when any of the following conditions exist:

(1) Additional federal requirements become applicable to a source whose permit allows at least three (3) more years of continued operation. However, a permit does not have to be revised if the additional requirements will not become effective until after the date the permit expires. A permit revision to address additional requirements must be completed by the commissioner not more than eighteen (18) months after the adoption of the additional requirements.

(2) Additional requirements become applicable to the permitted source under the acid rain program. Upon approval by the United States Environmental Protection Agency, an excess offset emissions plan is considered to be incorporated into the permit.

(3) The commissioner or the United States Environmental Protection Agency determines that:

(A) the permit contains a material mistake; or

(B) inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(4) The commissioner or the Administrator of the United States Environmental Protection Agency determines that the permit must be revised or revoked to assure compliance with the applicable federal requirements (as defined in 40 CFR 70.2).

[Pre-1996 Recodification Citation: 13-7-10-5(b).]

As added by P.L.1-1996, SEC.5.