8 CAR § 42-912 – Reopenings for cause by the Environmental Protection Agency

(a) If the Administrator of the Environmental Protection Agency finds that cause exists to terminate, modify, or revoke and reissue a permit, the Administrator of the Environmental Protection Agency shall notify the Division of Environmental Quality and the permittee of such finding in writing.
(b)
1. (1) The division shall, within ninety (90) days after receipt of such notification, forward to the Environmental Protection Agency a proposed determination of termination, modification, or revocation and reissuance, as appropriate.
2. (2) The Administrator of the Environmental Protection Agency may extend this ninety-day period for an additional ninety (90) days if he or she finds that a new or revised permit application is necessary or that the division must require the permittee to submit additional information.
(c) The Administrator of the Environmental Protection Agency will review the proposed determination from the division within ninety (90) days of receipt.
(d) The division shall have ninety (90) days from receipt of an Environmental Protection Agency objection to resolve any objection that the Environmental Protection Agency makes and to terminate, modify, or revoke and reissue the permit in accordance with the Administrator of the Environmental Protection Agency’s objection.
(e) If the division fails to submit a proposed determination pursuant to this section, or fails to resolve any objection pursuant to this section, the Administrator of the Environmental Protection Agency will terminate, modify, or revoke and reissue the permit after the following actions:
1. (1) Providing at least thirty (30) days’ notice to the permittee in writing of the reasons for any such action; and
2. (2) Providing the permittee an opportunity for comment on the Administrator of the Environmental Protection Agency’s proposed action and an opportunity for a hearing.