Section 173-401-730 - Reopening for cause(1) Standard provisions. Each issued permit shall include provisions stating that the permit shall be reopened and revised under any of the following circumstances: (a) Additional applicable requirements become applicable to a major chapter 401 source with a remaining permit term of three or more years. Such a reopening shall be completed not 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 have been extended pursuant to WAC 173-401-620(2)(j);(b) 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;(c) The permitting authority 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; or(d) The administrator or the permitting authority determines that the permit must be revised or revoked to assure compliance with the applicable requirements.(2) Procedures. Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.(3) Notice. Reopenings under this section shall not be initiated before a notice of such intent is provided to the chapter 401 source by the permitting authority at least thirty days in advance of the date that the permit is to be reopened, except that the permitting authority may provide a shorter time period in the case of an emergency.Wash. Admin. Code § 173-401-730
Statutory Authority: Chapter 70.94 RCW. 93-20-075 (Order 91-68), § 173-401-730, filed 10/4/93, effective 11/4/93.