[§342B-27] Other permit action. (a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) The permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit;
(2) Permit action is required to assure compliance with the applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;
(3) Permit action is required to address additional applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;
(4) There is a violation of any condition of the permit;
(5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(6) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
(7) More frequent monitoring or reporting by the permittee is required;
(8) It is necessary to incorporate into the permit the requirements from pre-construction review permits or exemptions authorized under an approved new source review program in the applicable implementation plan; or
(9) Such is in the public interest.
In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.
(b) The director may revise a permit administratively if the revision:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
(3) Allows for a change in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the department; or
(4) Makes any other change that the department determines to be similar to those in paragraphs (1) to (3). [L 1992, c 240, pt of §1]
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