Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 2 - PERMIT REVIEW RULES
Rule 7 - Part 70 Permit Program
Section 7-15 - Permit shield
Current through March 20, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 15.
(a) Except as provided in this rule, the commissioner shall expressly include in a Part 70 permit a provision stating that compliance with the conditions of a Part 70 permit shall be deemed compliance with any applicable requirements as of the date of a Part 70 permit issuance, provided either of the following:
(b) A Part 70 permit that does not expressly state that a Part 70 permit shield exists shall be presumed not to provide such a shield.
(c) No permit shield shall apply to any permit term or condition that is determined after issuance of the permit to have been based on erroneous information supplied in the permit application.
(d) If, after issuance of a permit, it is determined that the permit is in nonconformance with an applicable requirement, the commissioner shall immediately take steps to reopen and revise the permit and issue a compliance order to the source to ensure expeditious compliance with the applicable requirement until the permit is reissued. The permit shield shall continue in effect so long as the source is in compliance with the compliance order.
(e) Nothing in this subsection or in any Part 70 permit shall alter or affect the following: