[§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]