Section 125-C:13 Criteria for Denial; Suspension or Revocation; Modification.
I. The commissioner shall deny an application for a temporary or final permit if, on the basis of evidence available to the commissioner, the commissioner determines:
(a) That the device or non-Title V source for which the permit is sought will result in a violation of any standard or rule in force under this chapter; or
(b) That the device or non-Title V source will contribute disproportionately to pollution of the air in comparison with other similar sources able to perform the same function that are currently available; or
(c) That the device or non-Title V source is located in a ""clean air'' area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deterioration of the existing air quality in a part of the area.
II. The commissioner may suspend or revoke any temporary or final permit issued hereunder if, following a hearing, the commissioner determines:
(a) That the permit holder has committed a violation of this chapter or any rule, order or permit conditions in force and applicable to it; or
(b) That emissions from the device or non-Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health.
III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines, following a hearing:
(a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation;
(b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force.
IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit to operate issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.
Source. 1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104, eff. July 1, 1996; 278:14, eff. Aug. 9, 1996.