(a)

1. (1) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit.

2. (2) A permit shall be reopened and revised under any of the following circumstances:

   1. (A)

(i) Additional applicable requirements under the Act become applicable to a major part 70 source with a remaining permit term of three (3) or more years.

1. (ii) Such a reopening shall be completed not later than eighteen (18) months after promulgation of the applicable requirement.

   1. (iii) 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 due to failure of the Division of Environmental Quality to take action on a renewal permit;

   2. (B)

      1. (i) Additional requirements, including excess emissions requirements, become applicable to an acid rain source under the acid rain program.
      2. (ii) Upon approval by the Administrator of the Environmental Protection Agency, excess emissions offset plans shall be deemed to be incorporated into the permit;
   3. (C) The division or the Environmental Protection Agency 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
   4. (D) The Administrator of the Environmental Protection Agency or the division determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b)

1. (1) 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.

2. (2) Such reopening shall be made as expeditiously as practicable.

   1. (c) Reopenings shall not be initiated before a notice of such intent is provided to the part 70 source by the division at least thirty (30) days in advance of the date that the permit is to be reopened, except that the division may provide a shorter time period in the case of an emergency.