Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5; IC 13-15; IC 13-17
Sec. 8.
(a) The
department shall approve or deny an application received by the department
within the following number of calendar days from receipt of the application:
(1) Two hundred seventy (270) days for an
application concerning an air pollution construction permit for the following:
(A) A major source or major
modification.
(B) A significant
source modification.
(C) A
significant permit revision under the following:
(i) 326 IAC 2-6.1-6(i)(1)(A).
(ii) 326 IAC 2-7-10.5(g)(1); or 326 IAC
2-8-11.1(f)(1)(A).
(D) A
federally enforceable state operating permit (FESOP) under 326 IAC 2-Sec.
8.
(2) One hundred
twenty (120) days for an application concerning an air pollution construction
permit for the following:
(A) A minor source
required under 326 IAC 2-5.1-3.
(B)
A significant permit revision required under the following:
(i) 326 IAC 2-6.1-6(i)(1)(B) through 326 IAC
2-6.1-6(i)(1)(J); or
(ii) 326 IAC
2-8-11.1(f)(1)(B) through 326 IAC 2-8-11.1(f)(1)(J).
(C) A significant source modification under
326 IAC 2-7-10.5(g)(2) through 326 IAC 2-7-10.5(g)(7).
(3) Sixty (60) days for an application
concerning an air pollution registration required under:
(A) 326 IAC 2-5.1-2;
(B) administrative amendments under 326 IAC
2-7-11; or
(C) a source specific
operating agreement under 326 IAC 2-9.
(4) Sixty (60) days for an application
concerning a minor permit revision described under:
(A) 326 IAC 2-6.1-6(g);
(B) 326 IAC 2-7-10.5(e); or
(C) 326 IAC 2-8-11.1(d)(1).
(5) Forty-five (45) days shall be
added to the time period established in this subsection if the department
determines that a public hearing should be held under section 6 of this
rule.
(b) The department
shall approve or deny an application filed with the department within the time
period described under subsection (a) unless the:
(1) general assembly enacts a statute that
imposes a new requirement on permit applications that makes it infeasible for
the department to approve or deny the application within the applicable time
period specified in subsection (a); or
(2) department and an applicant, in regard to
a particular permit application, agree in writing to extend the time period
allowed under subsection (a).
(c) The time period described under
subsection (a) shall begin and end as follows:
(1) The time period begins on the date:
(A) an application and a required fee is
received and stamped received by the department; or
(B) marked by the department on a certified
mail return receipt accompanying an application and a required fee; whichever
is earlier.
(2) The time
period ends on the date that the department's decision to approve or deny an
application is issued.
(d) The time period described under
subsection (a) may be suspended if the department:
(1) receives a written request from an
applicant to suspend processing of the application so that an issue related to
an application can be resolved or additional information concerning an
application can be provided; or
(2)
mails a request for additional information to the applicant describing the
reasons the application is not complete after determining that:
(A) an application:
(i) does not contain all of the information
or documents, required by rules adopted by the board, that the department needs
to process the application; or
(ii)
contains provisions that are not consistent with an applicable rule or law;
or
(B) an applicant
fails to pay the required fee or submits a check that is not covered with
sufficient funds.
(e) The time period described under
subsection (a) shall be suspended on the day the applicant receives the
department's request for additional information.
(f) The department may request, as part of a
request for additional information, that an applicant conduct tests or sampling
to provide information, consistent with requirements in rules adopted by the
board, that is necessary for the department to process the
application.
(g) The time period
described under subsection (a) shall resume on the date:
(1) the department receives, and stamps as
received, the information or payment completing the application; or
(2) marked on the certified mail return
receipt that accompanied information or payment completing the application;
whichever is earlier.
(h) If an applicant's response does not
provide all information requested in the request for additional information,
the department shall notify the applicant within forty-five (45) calendar days
after receiving the response. If the department finds an application to be
incomplete after reviewing an applicant's response to a second or subsequent
request for additional information, the department shall:
(1) deny the application under subsection
(j); or
(2) choose to issue a
further request for additional information.
However, the time period described in subsection (a) may not
be suspended unless the applicant agrees in writing to defer processing of the
application pending the applicant's response to the request for additional
information.
(i)
The department shall inform a source of the status of the department's review
of the source's application or shall issue a request for additional
information:
(1) within thirty (30) calendar
days of the day an application concerning an air pollution construction permit
for a minor source or a minor modification was filed with the department;
and
(2) within forty-five (45)
calendar days of the day an application concerning an air pollution
construction permit for a major source or major modification was filed with the
department.
This rule does not establish a time frame for responding to
air registration applications filed with the department other than that listed
in subsection (a).
(j) The department may deny a permit
application because the application is incomplete if an applicant:
(1) fails to submit, within thirty (30)
calendar days of receipt of a request for additional information, the requested
information or a schedule for providing the requested information;
(2) does not adhere to the schedule submitted
under subdivision (1); or
(3) fails
to submit, within thirty (30) calendar days of receipt of a request for
payment, a required fee or submits a check that is not covered with sufficient
funds.
(k) The
department may deny a permit application because it contains provisions that
are not consistent with applicable rules or laws.
(l) A permit application fee for renewal of
an operating permit or an annual fee for an operating permit is
nonrefundable.
(m) If the
department does not issue or deny a construction permit, registration, or
permit revision within the time period specified under subsection (a), the
department shall automatically refund the permit, registration, or permit
revision application fee paid by the applicant, except as described in
subsection (n)(2).
(n) Upon
expiration of the specified time period in subsection (a), the department shall
do the following:
(1) Provide the applicant
with a written determination of whether the time period specified under
subsection (a) has expired.
(2) If
the time period under subsection (a) has expired, the department shall refund
the applicant's application fee within thirty (30) calendar days of the
expiration of the time period specified in subsection (a). The department shall
not refund the application fee if, within thirty (30) calendar days of the
expiration of the time period specified in subsection (a), the department
determines:
(A) one (1) or more of the
proposed emissions units is in operation without prior written authorization
from the department; or
(B)
construction has commenced on one (1) or more of the emissions units without
prior written authorization from the department.
(3) If the applicant is eligible for a refund
of the application fee, the department shall do the following:
(A) Continue to review the
application.
(B) Approve or deny
the application as soon as practicable.
(C) Not bill the applicant for additional
charges related to the application.
(D) Issue a schedule to the applicant for
making a final determination on the pending application.
(o) The department shall present a
report to the air pollution control board by October 15 of each calendar year,
beginning in 1993. The report shall contain an evaluation of the actions taken
by the department to improve the process of issuing air permits. The report
shall include the following information for permits subject to the permit
schedules in subsection (a) and for permit renewal applications:
(1) The number of permit applications
received, the number of permits issued or denied in the previous calendar year,
and the number of pending applications.
(2) A description of the reduction or
increase in the number of permit applications in the air permit program during
the preceding calendar year.
(3)
The median review time spent on applications and renewals.
(4) The number of public hearings requested
and conducted.
(5) The amount of
air program permit fees collected and air program fee revenue spent during the
preceding calendar year and the amount of fees refunded.
(6) A discussion of possible increases or
decreases in the operating costs of the department's air program permit and
inspection activities.
(7) A
discussion of the measures that have been taken by the department to improve
the operating efficiency of the air permit and inspection programs.
(8) The amount of time the department spent
conducting hearings on appeal and objections hearings under IC 4-21.5 regarding
air permits.
(9) The number of
requests for additional information issued by the department under subsection
(d).
(10) A discussion of the
department's operational goals for the air program in the next twelve (12)
months. The goals shall include processing at least ninety-five percent (95%)
of the permit applications within the time frames listed under subsection
(a).
(p) The remedies
provided in subsections (m) and (n) are not the only remedies available to a
permit applicant. A permit applicant is not prohibited from seeking other
remedies available at law or in equity.
