Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 2 - PERMIT REVIEW RULES
Rule 5.1 - Construction of New Sources
Section 5.1-4 - Transition procedures

Universal Citation: 326 IN Admin Code 5.1-4

Current through March 20, 2024

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15-4-9; IC 13-17

Sec. 4.

(a) The commissioner shall include an approval to operate and operating conditions in an initial construction permit. The level of approval shall be as follows:

(1) A source must obtain approval to operate under a state operating permit under 326 IAC 2-6.1 if the permit does not include terms and conditions that limit the potential to emit of the source to below thresholds that would require a Part 70 permit.

(2) A source must obtain approval to operate as a FESOP under 326 IAC 2-8 if the permit includes terms and conditions that limit the potential to emit of the source to below the thresholds that require the source to obtain a Part 70 permit and is issued in accordance with 326 IAC 2-8-13.

(3) A source must obtain approval to operate as a Part 70 source under 326 IAC 2-7 if:
(A) the source is constructing under 326 IAC 2-2 or 326 IAC 2-3; or

(B) the potential to emit exceeds the Part 70 major source thresholds as defined in 326 IAC 2-7-1(22).

The permit must include the permit content in accordance with 326 IAC 2-7-5 and compliance requirements in accordance with 326 IAC 2-7-6, and the permit must be issued in accordance with 326 IAC 2-7-17.

(b) If all terms and conditions of 326 IAC 2-1.1-6 were satisfied in the processing of the construction permit, then the emission limitations may be included in the subsequent operating permit without repeating the public notice requirements in 326 IAC 2-1.1-6.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.