Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 2 - PERMIT REVIEW RULES
Rule 12 - General Permits
Section 12-1 - General permit issuance
Universal Citation: 326 IN Admin Code 12-1
Current through March 20, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5; IC 13-15; IC 13-17
Sec. 1.
(a) This rule does not apply to permits issued under 326 IAC 2-7 or 326 IAC 2-8. The commissioner may establish a general permit for a class of emission units, processes, operations, or sources in accordance with the following conditions:
(1) A general permit must:
(A) comply with all requirements applicable
to operating permits under this article; and
(B) identify criteria by which a source may
qualify for the general permit.
(2) A general permit must include the
following:
(A) Operating conditions with which
any source operating under the general permit will comply.
(B) Identification of all applicable
requirements.
(C) Terms and
conditions, including monitoring, testing, reporting, record keeping
requirements, and other actions to demonstrate compliance with all applicable
requirements under this title and the CAA.
(3) A general permit may include terms and
conditions that limit source emissions below the applicability thresholds for
applicable requirements under this title.
(4) A general permit must not be issued for a
new source or modification subject to the requirements of 326 IAC 2-2, 326 IAC
2-3, or 326 IAC 2-4.1.
(5) The
commissioner shall comply with the following provisions for notice and
opportunity for public participation:
(A)
Prior to establishing a general permit, the commissioner shall provide an
opportunity for public comment by publishing a legal notice that includes the
following:
(i) A description of the types of
sources, processes, emission units, and pollutants to be covered by the general
permit.
(ii) Electronic access to
the draft general permit on the department website for the duration of the
public comment period.
(iii)
Notification to the public of the following:
(AA) A thirty (30) day period for submitting
written comments to the commissioner.
(BB) The opportunity for a public hearing for
consideration of the general permit or notice of a hearing if one has been
scheduled.
(CC) A copy of the
general permit and any technical support documents are available upon
request.
(B)
The legal notice must be published as follows:
(i) On the department website.
(ii) In the Indiana Register.
(b) The commissioner may issue a general permit to an emission unit, process, operation, or source within the class of emission units, processes, operations, or sources for which a general permit was established. An applicant for a general permit shall complete the following:
(1) Apply to the commissioner for coverage by
the general permit under terms of the general permit or submit an application
for a general permit under this section. The application for a general permit
must include all information necessary to determine qualification for, and
ensure compliance with, the general permit.
(2) Request authorization to operate under a
general permit and meet the conditions and terms of the general permit. The
commissioner may grant authorization to operate subject to the terms and
conditions of the general permit.
(3) The notice provisions of
326 IAC 2-1.1-6 are
not applicable to a decision by the commissioner on a source's request for
authorization to operate under a general permit. This subdivision is not
intended to affect applicability of IC 4-21.5.
(4) Upon billing, submit an application fee
in accordance with
326 IAC
2-1.1-7(k).
(5) Pay an annual operating fee in accordance
with
326 IAC
2-1.1-7(k). Fees must be paid:
(A) by mail or in person; and
(B) upon billing by check or money order,
payable to "Cashier, Indiana Department of Environmental Management" no later
than thirty (30) calendar days after receipt of billing.
Nonpayment results in revocation of the permit.
(c) The commissioner shall not issue more than two (2) general permits to any one (1) source in any twelve (12) month period.
Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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