Sec. 13.
(a) Any
person applying for a FESOP upon land that is either undeveloped or for which a
valid existing permit has not been issued shall, not more than ten (10) working
days after submitting the FESOP application, make a reasonable effort to
provide notice to all owners or occupants of land adjoining the land that is
the subject of the application. Each applicant shall pay the cost of compliance
with this requirement. The notice must be in writing and include the date on
which the application was submitted and a brief description of the subject of
the application.
(b) Each applicant
for a FESOP shall complete the following:
(1)
Place a copy of the permit application or permit modification application, and
any information submitted to the department for public review at a library in
the county where the source is or will be located not later than ten (10) days
after submitting the permit application, permit modification application, or
additional information to the department.
(2) Provide the commissioner with the
location of the library where the copy may be found.
(3) Comply with the requirements of
subdivisions (1) and (2) when providing any additional material regarding the
application to the department.
(4)
The applicant may remove the FESOP application and related information
previously placed at the public library anytime not earlier than sixty (60)
days after the final FESOP has become effective.
(c) Prior to issuing a FESOP, the draft
permit must be available for review in the following manner:
(1) The commissioner shall notify the public
of the draft FESOP by publishing a notice on the department website that
includes the following:
(A) Notification of
receipt of the permit application.
(B) The commissioner's draft approval of the
permit application.
(C)
Notification to the public of at least a thirty (30) day period for submitting
written comments to the commissioner.
(D) Notification to the public of the
opportunity for a public hearing for consideration of the permit application or
notice of a hearing if one has been scheduled.
(E) Notification to the public that a copy of
the application and commissioner's analysis thereof are available for
inspection in a convenient public office building in the area where the source
is located.
(2) The
draft permit must be provided for public review through electronic access on
the department website for the duration of the public comment period.
(3) A copy of the notice provided under
subdivision (1) must also be provided to the appropriate federal, state, or
local agency.
(4) All comments
received during the public comment period must be considered by the
commissioner before the commissioner finally approves or disapproves the
permit.
(5) There must be an
opportunity for a public hearing if deemed necessary by the
commissioner.
(6) Notification in
writing of the final determination must be given according to IC 13-15-5-3, and
notification must be made available for public inspection in the same public
office buildings to be notified under subdivision (1)(E).
(7) A permit may be denied by the
commissioner on the basis of adverse comment if the comment demonstrates the
following:
(A) The ambient air quality
standards under 326 IAC 1-3 cannot be attained or maintained if a permit is
issued.
(B) The prevention of
significant deterioration requirements under 326 IAC 2-2 will not be
met.
(C) The offset requirements
under 326 IAC 2-3 will not be satisfied.
(D) For any other reason such as, but not
limited to, interference with attainment and maintenance of the standards under
326 IAC 12.
(8) The
commissioner may impose conditions on the permit as necessary to ensure the
following:
(A) The source or facility will
comply with all applicable rules.
(B) Attainment and maintenance of the
following:
(i) Ambient air quality standards
established under 326 IAC 1-3.
(ii)
Prevention of significant deterioration standards established under 326 IAC
2-2.
(iii) Offset requirements
established under 326 IAC 2-3.
(C) Public health will be
protected.