Section 326 IAC 2-13-1 - Interim operating permit revision approvalsAuthority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 1.
(a) This section applies to any person who operates an existing source under valid operating permits issued by the commissioner and who proposes to modify a source or construct a new emission unit at the existing source and the modification or construction requires an operating permit revision or other approval by the commissioner in accordance with this article, excluding the following:(1) Construction of a major PSD source or major PSD modification as defined in 326 IAC 2-2.(2) A modification in a nonattainment area that has the potential to emit a pollutant for which the nonattainment designation is based in an amount exceeding the levels of emissions that require a permit revision for that pollutant.(3) Any modification that is subject to 326 IAC 2-4.Sec. 1.(b) At the time a permit revision application is submitted, or at any time thereafter, any person meeting the requirements of subsection (a) may separately petition the commissioner for an interim approval that would allow construction of the proposed modification to commence while the permit revision application is being reviewed.(c) To petition for an interim approval, the applicant shall submit the following: (1) A nonrefundable fee in accordance with 326 IAC 2-1.1-7(l) by check or money order payable to "Cashier, Indiana Department of Environmental Management". This fee is in addition to all other fees required by 326 IAC 2-1.1-7.(2) A written petition containing the following:(A) Identification of the type of operating permit revision that would be required under this article.(B) All necessary conditions, limits, or restrictions that will be in effect to ensure the construction does not qualify as a major PSD source or major PSD modification or a major new source or reconstructed source of hazardous air pollutants. Limits must be stated as conditions that can be enforced independently of one another, and the time period over which the limits extend should be as short as possible and should generally not exceed one (1) month. In special situations, an annual limit may be acceptable, if approved by the commissioner. Limits on the following shall be considered acceptable:(i) Raw material consumed.(iii) Hours of operation.(iv) Conditions that specify that the source must install and maintain controls that reduce emissions to a specified emission rate or to a specified efficiency level.(C) All conditions necessary to meet the requirements of any new source performance standards, national emission standards for hazardous air pollutants, and any state rules that would apply.(D) A statement that the applicant consents to federal enforceability of an interim approval.(E) The applicant's or its authorized agent's signature.(F) A notarized affidavit that the applicant will proceed with any project approved under this section at its own risk to include, but not be limited to, the following: (ii) The risk that the commissioner will require additional or different control technologies in order for a final approval to be issued under applicable law.(iii) The risk that the commissioner might deny issuance of the final approval.(d) The commissioner shall approve or deny the petition for an interim approval for a modification that meets the criteria for a minor permit revision, as described under 326 IAC 2-6.1-6(g) or 326 IAC 2-8-11.1(d) or a modification approval described under 326 IAC 2-7-10.5(e), in writing within nineteen (19) days of receipt of the petition. Notwithstanding IC 13-15-5, the commissioner's decision shall be effective immediately.(e) Upon submission of an application, the applicant proposing a modification that requires a significant permit revision, as described under 326 IAC 2-6.1-6(i) or 326 IAC 2-8-11.1(f) or a modification approval described under 326 IAC 2-7-10.5(g), shall notify the public of such petition by publishing a notice in a minimum of one (1) newspaper of general circulation in the county where the project will occur. The notice shall include notification of the following: (1) Submittal to the commissioner of a petition for an interim approval.(2) That the public comment period consists of fourteen (14) calendar days from the date of publication of the public notice to submit written comments to the commissioner. No public hearing is available under this section. The opportunity for a public hearing exists during issuance of the final permit revision under 326 IAC 2-6.1-6, 326 IAC 2-7-10.5, 326 IAC 2-7-12, or 326 IAC 2-8-11.Sec. 1.(3) That the applicant has submitted an application for a permit revision for the project, and the commissioner shall review the application in accordance with 326 IAC 2-6.1-6, 326 IAC 2-7-10.5, 326 IAC 2-7-12, or 326 IAC 2-8-11.Sec. 1.(4) That operation of the source cannot commence until the existing operating permit is revised.(5) That if the interim petition is approved, modification is entirely at the applicant's own risk.(6) That a copy of the petition and any accompanying materials are available for inspection in a convenient public office such as the public library or local agency in the area to be affected by the proposed construction (to be identified in the notice by the applicant).(f) The applicant shall notify the commissioner of the date the public notice was published and submit a copy of the proof of publication from the newspaper to the office of air management prior to the end of the fourteen (14) day public comment period.(g) The applicant shall keep a proof of publication from the newspaper concerning the public notice for as long as the interim permit is effective.(h) The commissioner may deny the petition for an interim approval if the commissioner determines any of the following: (1) The source does not intend to modify the source in accordance with its petition.(2) Construction of a major PSD source or major PSD modification may occur.(3) The applicability requirements of subsection (a) are not met.(4) The information contained in the petition is insufficient for the commissioner to determine whether there will be construction of a major PSD source or a major PSD modification.(5) The petition proposes construction of an emissions unit that, as proposed, will not comply with applicable rules.(6) The applicant began construction on the modification prior to receiving an interim approval.(7) The applicant falsified any information contained in its petition or application.(i) The commissioner shall take final action on a petition for interim approval meeting the criteria for a significant permit revision, as described under 326 IAC 2-6.1-6(i) or 326 IAC 2-8-11.1(f) or a modification approval described under 326 IAC 2-7-10.5(g), by the later of the following dates:(1) Seventeen (17) days after publication of the public notice if no comments are submitted within the public comment period.(2) Thirty-one (31) days after publication of the public notice if comments are submitted within the public comment period.(3) Nineteen (19) days after receipt of the petition for interim approval. The commissioner shall not approve a petition for interim approval prior to the dates established in subdivisions (1) and (2), as applicable. The commissioner may deny a petition for interim approval at any time within the time periods established by this subsection. Notwithstanding IC 13-15-5, the commissioner's decision shall be effective immediately.
(j) The following provisions apply to all interim approvals:(1) An interim approval expires on the effective date of the final permit revision approval or denial.(2) An interim approval shall contain all conditions, restrictions, or limits that guarantee construction of a major PSD source or major PSD modification or a major new source or reconstructed source of hazardous air pollutants does not occur.(3) All interim approvals are federally enforceable.(4) An interim approval may be revoked after its effective date upon a written finding by the commissioner that any of the reasons for denial in subsection (h) exists or if the modification is denied.Air Pollution Control Division; 326 IAC 2-13-1; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1064; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR-326070286FRA; errata filed Jan 2, 2013, 2:19 p.m.: 20130123-IR-326130002ACA