Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 9.
(a) A permit
shall be reopened and revised under any of the following circumstances:
(1) Additional applicable requirements under
the CAA become applicable to a major Part 70 source with a remaining Part 70
permit term of three (3) or more years. Such a permit reopening and revision
shall be completed not later than eighteen (18) months after promulgation of
the applicable requirement. No such reopening and revision is required if the
effective date of the new applicable requirement is later than the date on
which a Part 70 permit is due to expire, unless the existing Part 70 permit or
any of its terms or conditions has been extended under section 4(a)(2)(E) of
this rule.
(2) Additional
requirements (including excess emissions requirements) become applicable to an
affected source under the acid rain program. Upon approval by the U.S. EPA,
excess emissions offset plans shall be deemed to be incorporated into a Part 70
permit.
(3) The commissioner or the
U.S. EPA determines any of the following:
(A)
That a Part 70 permit contains a material mistake.
(B) That inaccurate statements were made in
establishing the emissions standards or other terms or conditions of a Part 70
permit.
(C) That a Part 70 permit
must be revised or revoked to assure compliance with an applicable
requirement.
(4) If the
U.S. EPA fails to promulgate a standard for a pollutant listed under Section
112(b) of the CAA according to the schedule required in Section 112(e) of the
CAA, the commissioner shall make the emission limitations determination for
each affected category or subcategory of a major source on a case-by-case
basis. Emission limitations established on a case-by-case basis shall be no
less stringent than the standards established in 326 IAC 2-4.1.
(b) Proceedings by the
commissioner to reopen and revise a Part 70 permit shall follow the same
procedures as apply to initial Part 70 permit issuance and shall affect only
those parts of the Part 70 permit for which cause to reopen exists. Such
reopening and revision shall be made as expeditiously as practicable.
(c) The reopening and revision of a permit
under subsection (a) shall not be initiated before a notice of such intent is
provided to a Part 70 source by the commissioner at least thirty (30) days in
advance of the date that the permit is to be reopened, except that the
commissioner may provide a shorter time period in the case of an
emergency.
(d) If the U.S. EPA
finds cause exists to terminate, modify, or revoke and reissue a Part 70
permit, the U.S. EPA will provide written notification to the commissioner and
the permittee. Such notification shall initiate the following actions:
(1) The commissioner shall, within ninety
(90) days after receipt of such notification, forward to the U.S. EPA a
proposed determination of termination, modification, or revocation and
reissuance, as appropriate. The U.S. EPA may extend this ninety (90) day period
for an additional ninety (90) days if it is found that a new or revised Part 70
permit application is necessary or that the commissioner must require the
permittee to submit additional information.
(2) The U.S. EPA will review the proposed
determination from the commissioner within ninety (90) days of
receipt.
(3) The commissioner shall
have ninety (90) days from receipt of the U.S. EPA objection to resolve any
objection that the U.S. EPA makes and to terminate, modify, or revoke and
reissue a Part 70 permit in accordance with the U.S. EPA's objection.
(4) If the commissioner fails to submit a
proposed determination under subdivision (1) or fails to resolve any objection
under subdivision (3), the U.S. EPA will terminate, modify, or revoke and
reissue the Part 70 permit after taking the following actions:
(A) Providing at least a thirty (30) day
notice to the permittee in writing of the reasons for any such action. This
notice may be given during the procedures in this subsection.
(B) Providing the permittee an opportunity
for comment on the U.S. EPA's proposed action and an opportunity for a
hearing.
