Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 2 - PERMIT REVIEW RULES
Rule 7 - Part 70 Permit Program
Section 7-13 - General permits
Universal Citation: 326 IN Admin Code 7-13
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; IC 13-17
Sec. 13.
(a) A general permit may be issued subject to the following conditions:
(1) A Part 70 general permit must comply with
all requirements applicable to other Part 70 permits and must identify criteria
by which sources may qualify for the general permit.
(2) The commissioner may, after complying
with notice and opportunity for public participation provided under section 17
of this rule, issue a general permit covering numerous similar sources. In
providing an opportunity for public comment, the commissioner shall publish
notice on the department website.
(3) General permits must be provided for
public review through electronic access on the department website for the
duration of the public comment period.
(4) General permits must not be authorized
for affected sources under the acid rain program unless otherwise provided in
regulations promulgated under Title IV of the CAA.
(b) For individual sources and source modifications to obtain general permit coverage, an applicant shall complete the following:
(1) Apply to the commissioner
for coverage by the general permit under the terms of the general permit or
apply for a Part 70 permit consistent with section 4 of this rule. The
commissioner may provide, in the general permit, for applications that deviate
from the requirements of section 4 of this rule, provided that the applications
meet the requirements of Title V of the CAA, and 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 shall grant authorization to
operate subject to the terms and conditions of the general permit. The notice
provisions of section 17 of this rule are not applicable to a grant by the
commissioner of a source's request for authorization to operate under a general
permit and the grant must not be a final action for purposes of judicial
review.
(3) Notwithstanding the
shield provisions of section 15 of this rule, a source that requests and is
granted authority to operate under a general permit is subject to enforcement
action for operation without a permit if the source is later determined not to
qualify for the conditions and terms of the general permit.
(4) General permits may be issued for
modifications of existing sources.
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