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 13-15-5; IC 13-17
Sec. 1.
(a) This
section applies to any person who operates an existing source under valid
operating permits issued by the commissioner and who proposes to modify a
source or construct a new emission unit at the existing source and the
modification or construction requires an operating permit revision or other
approval by the commissioner in accordance with this article, excluding the
following:
(1) Construction of a major PSD
source or major PSD modification as defined in 326 IAC 2-2.
(2) A modification in a nonattainment area
that has the potential to emit a pollutant for which the nonattainment
designation is based in an amount exceeding the levels of emissions that
require a permit revision for that pollutant.
(3) Any modification that is subject to 326
IAC 2-4.Sec. 1.
(b) At
the time a permit revision application is submitted, or at any time thereafter,
any person meeting the requirements of subsection (a) may separately petition
the commissioner for an interim approval that would allow construction of the
proposed modification to commence while the permit revision application is
being reviewed.
(c) To petition for
an interim approval, the applicant shall submit the following:
(1) A nonrefundable fee in accordance with
326 IAC 2-1.1-7(l) by check or money order payable to "Cashier, Indiana
Department of Environmental Management". This fee is in addition to all other
fees required by 326 IAC 2-1.1-7.
(2) A written petition containing the
following:
(A) Identification of the type of
operating permit revision that would be required under this article.
(B) All necessary conditions, limits, or
restrictions that will be in effect to ensure the construction does not qualify
as a major PSD source or major PSD modification or a major new source or
reconstructed source of hazardous air pollutants. Limits must be stated as
conditions that can be enforced independently of one another, and the time
period over which the limits extend should be as short as possible and should
generally not exceed one (1) month. In special situations, an annual limit may
be acceptable, if approved by the commissioner. Limits on the following shall
be considered acceptable:
(i) Raw material
consumed.
(ii) Fuel
combusted.
(iii) Hours of
operation.
(iv) Conditions that
specify that the source must install and maintain controls that reduce
emissions to a specified emission rate or to a specified efficiency
level.
(C) All
conditions necessary to meet the requirements of any new source performance
standards, national emission standards for hazardous air pollutants, and any
state rules that would apply.
(D) A
statement that the applicant consents to federal enforceability of an interim
approval.
(E) The applicant's or
its authorized agent's signature.
(F) A notarized affidavit that the applicant
will proceed with any project approved under this section at its own risk to
include, but not be limited to, the following:
(i) Financial risk.
(ii) The risk that the commissioner will
require additional or different control technologies in order for a final
approval to be issued under applicable law.
(iii) The risk that the commissioner might
deny issuance of the final approval.
(d) The commissioner shall approve or deny
the petition for an interim approval for a modification that meets the criteria
for a minor permit revision, as described under 326 IAC 2-6.1-6(g) or 326 IAC
2-8-11.1(d) or a modification approval described under 326 IAC 2-7-10.5(e), in
writing within nineteen (19) days of receipt of the petition. Notwithstanding
IC 13-15-5, the commissioner's decision shall be effective
immediately.
(e) Upon submission of
an application, the applicant proposing a modification that requires a
significant permit revision, as described under 326 IAC 2-6.1-6(i) or 326 IAC
2-8-11.1(f) or a modification approval described under 326 IAC 2-7-10.5(g),
shall notify the public of such petition by publishing a notice in a minimum of
one (1) newspaper of general circulation in the county where the project will
occur. The notice shall include notification of the following:
(1) Submittal to the commissioner of a
petition for an interim approval.
(2) That the public comment period consists
of fourteen (14) calendar days from the date of publication of the public
notice to submit written comments to the commissioner. No public hearing is
available under this section. The opportunity for a public hearing exists
during issuance of the final permit revision under 326 IAC 2-6.1-6, 326 IAC
2-7-10.5, 326 IAC 2-7-12, or 326 IAC 2-8-11.Sec. 1.
(3) That the applicant has submitted an
application for a permit revision for the project, and the commissioner shall
review the application in accordance with 326 IAC 2-6.1-6, 326 IAC 2-7-10.5,
326 IAC 2-7-12, or 326 IAC 2-8-11.Sec. 1.
(4) That operation of the source cannot
commence until the existing operating permit is revised.
(5) That if the interim petition is approved,
modification is entirely at the applicant's own risk.
(6) That a copy of the petition and any
accompanying materials are available for inspection in a convenient public
office such as the public library or local agency in the area to be affected by
the proposed construction (to be identified in the notice by the
applicant).
(f) The
applicant shall notify the commissioner of the date the public notice was
published and submit a copy of the proof of publication from the newspaper to
the office of air management prior to the end of the fourteen (14) day public
comment period.
(g) The applicant
shall keep a proof of publication from the newspaper concerning the public
notice for as long as the interim permit is effective.
(h) The commissioner may deny the petition
for an interim approval if the commissioner determines any of the following:
(1) The source does not intend to modify the
source in accordance with its petition.
(2) Construction of a major PSD source or
major PSD modification may occur.
(3) The applicability requirements of
subsection (a) are not met.
(4) The
information contained in the petition is insufficient for the commissioner to
determine whether there will be construction of a major PSD source or a major
PSD modification.
(5) The petition
proposes construction of an emissions unit that, as proposed, will not comply
with applicable rules.
(6) The
applicant began construction on the modification prior to receiving an interim
approval.
(7) The applicant
falsified any information contained in its petition or application.
(i) The commissioner shall take
final action on a petition for interim approval meeting the criteria for a
significant permit revision, as described under 326 IAC 2-6.1-6(i) or 326 IAC
2-8-11.1(f) or a modification approval described under 326 IAC 2-7-10.5(g), by
the later of the following dates:
(1)
Seventeen (17) days after publication of the public notice if no comments are
submitted within the public comment period.
(2) Thirty-one (31) days after publication of
the public notice if comments are submitted within the public comment
period.
(3) Nineteen (19) days
after receipt of the petition for interim approval.
The commissioner shall not approve a petition for interim
approval prior to the dates established in subdivisions (1) and (2), as
applicable. The commissioner may deny a petition for interim approval at any
time within the time periods established by this subsection. Notwithstanding IC
13-15-5, the commissioner's decision shall be effective immediately.
(j) The following
provisions apply to all interim approvals:
(1)
An interim approval expires on the effective date of the final permit revision
approval or denial.
(2) An interim
approval shall contain all conditions, restrictions, or limits that guarantee
construction of a major PSD source or major PSD modification or a major new
source or reconstructed source of hazardous air pollutants does not
occur.
(3) All interim approvals
are federally enforceable.
(4) An
interim approval may be revoked after its effective date upon a written finding
by the commissioner that any of the reasons for denial in subsection (h) exists
or if the modification is denied.
