[§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, afteraffording the permittee an opportunity for a hearing in accordance with chapter91, the director determines that:

(1)  The permit contains a material mistake made inestablishing the emissions limitations or other requirements of the permit;

(2)  Permit action is required to assure compliancewith the applicable requirements of the Clean Air Act, this chapter, and theapplicable standards and rules adopted pursuant to this chapter;

(3)  Permit action is required to address additionalapplicable requirements of the Clean Air Act, this chapter, and the applicablestandards and rules adopted pursuant to this chapter;

(4)  There is a violation of any condition of thepermit;

(5)  The permit was obtained by misrepresentation orfailure to disclose fully all relevant facts;

(6)  There is a change in any condition that requireseither a temporary or permanent reduction or elimination of the permitteddischarge;

(7)  More frequent monitoring or reporting by thepermittee is required;

(8)  It is necessary to incorporate into the permitthe requirements from pre-construction review permits or exemptions authorizedunder an approved new source review program in the applicable implementationplan; or

(9)  Such is in the public interest.

In determining the public interest, the directorshall consider the environmental impact of the proposed action, any adverseenvironmental effects which cannot be avoided should the action be implemented,the alternatives to the proposed action, the relationship between localshort-term uses of the environment and the maintenance and enhancement of long-termproductivity, and any irreversible and irretrievable commitments of resourceswhich would be involved in the proposed action should it be implemented, andany other factors which the director may by rule prescribe; provided that anydetermination of public interest shall promote the optimum balance betweeneconomic development and environmental quality.

(b)  The director may revise a permitadministratively if the revision:

(1)  Corrects typographical errors;

(2)  Identifies a change in the name, address, orphone number of any person identified in the permit, or provides a similarminor administrative change at the source;

(3)  Allows for a change in ownership or operationalcontrol of a source where the department determines that no other change in thepermit is necessary, provided that a written agreement containing a specificdate for transfer of permit responsibility, coverage, and liability between thecurrent and new permittees has been submitted to the department; or

(4)  Makes any other change that the departmentdetermines to be similar to those in paragraphs (1) to (3). [L 1992, c 240, ptof §1]