Sec. 46.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

396 words·~2 min read·/ak/title-46/chapter-14/46-14-280

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)After 30 days' written notice to the permittee, the department

(1)may terminate, modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A)the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to issuance of the permit;

(B)the permittee has violated this chapter, a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C)the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130 (a);

(2)may modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A)the permit contains a material mistake; or

(B)there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or

(3)shall reopen a permit issued under this chapter

(A)based on a determination of the federal administrator or the department that the permit must be revised to comply with 42 U.S.C. 7401 — 7671q (Clean Air Act) and regulations adopted under 42 U.S.C. 7401 — 7671q; or

(B)to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months after the change in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

(b)Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.

(c)Proceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only those parts of the permit for which the department had cause to reopen under this section.