(a) The executive director shall reopen a permit for cause. Cause shall be limited to one or more of the following:
  (1) the promulgation or adoption of a new applicable requirement affecting emission units at the site, unless one of the following applies:
    (A) the new requirement is incorporated into a permit which addresses the emission unit subject to the new requirement;
    (B) 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 pursuant to §§122.133 of this title (relating to Timely Application) or §122.134 of this title (relating to Complete Application); or
    (C) the remaining permit term is less than three years;
  (2) the executive director or the EPA administrator determines that the permit contains a material mistake;
  (3) inaccurate statements were made in establishing the emissions standards or other terms and conditions of the permit;
  (4) the executive director or the EPA administrator determines that the permit must be revised or terminated to assure compliance with the applicable requirements;
  (5) a phased application schedule in the permit requires a reopening; or
  (6) additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the EPA administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.
(b) The following procedures shall apply if EPA initiates a reopening by notifying the executive director in writing that cause, as defined in this section, exists to terminate or revise a permit.
  (1) The executive director shall submit a proposed determination regarding the reopening to the EPA no later than 90 days after receipt of the notification. If the EPA extends the period for response by the executive director, the executive director shall submit the proposed determination no later than 180 days after receipt of the notification.
  (2) Upon receipt of the proposed determination, the EPA shall have 90 days to object, in writing, to the proposed determination.
  (3) The executive director shall have 90 days from receipt of an EPA objection to resolve the objection and take action on the reopening.
(c) The executive director shall institute proceedings to reopen permits or authorizations to operate to incorporate requirements under Chapter 106, Subchapter A of this title (relating to General Requirements) or Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) or any term or condition of any preconstruction permit.
  (1) Before December 1, 2001, the executive director will institute proceedings to reopen permits no later than renewal of the permit. Such reopenings need not follow full permit issuance procedures nor the notice requirement of subsection (e) of this section but may instead follow the permit revision procedure in effect under the State's approved Part 70 program for incorporation of minor NSR permits.
  (2) Before December 1, 2001, the executive director will institute proceedings to reopen authorizations to operate.
  (3) Requirements under Chapter 106, Subchapter A, or Chapter 116 of this title or any term or condition of any preconstruction permit will be incorporated no later than permit renewal for applications for which the executive director has authorized initiation of public notice by the effective date of this section.
(d) Except as provided in subsection (c) of this section, reopenings shall be made as soon as possible. Reopenings shall be completed and the permit issued by the executive director not later than 18 months after promulgation or adoption of the applicable requirement.
(e) The executive director shall provide a 30-day notice of intent to reopen, unless a shorter notice is authorized by the executive director due to an emergency.
(f) Reopenings shall be subject to the requirements of §122.201 of this title (relating to Initial Permit Issuance). These procedures shall affect only those parts of the permit for which cause to reopen exists.
(g) The permit holder shall provide any information requested by the executive director to complete the reopening.

Source Note: The provisions of this §122.231 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective June 3, 2001, 26 TexReg 3747