Section 326 IAC 2-12-1 - General permit issuanceAuthority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5; IC 13-15; IC 13-17
Sec. 1.
(a) This rule does not apply to permits issued under 326 IAC 2-7 or 326 IAC 2-8. The commissioner may establish a general permit for a class of emission units, processes, operations, or sources in accordance with the following conditions: (1) A general permit must: (A) comply with all requirements applicable to operating permits under this article; and(B) identify criteria by which a source may qualify for the general permit.(2) A general permit must include the following:(A) Operating conditions with which any source operating under the general permit will comply.(B) Identification of all applicable requirements.(C) Terms and conditions, including monitoring, testing, reporting, record keeping requirements, and other actions to demonstrate compliance with all applicable requirements under this title and the CAA.(3) A general permit may include terms and conditions that limit source emissions below the applicability thresholds for applicable requirements under this title.(4) A general permit must not be issued for a new source or modification subject to the requirements of 326 IAC 2-2, 326 IAC 2-3, or 326 IAC 2-4.1.(5) The commissioner shall comply with the following provisions for notice and opportunity for public participation:(A) Prior to establishing a general permit, the commissioner shall provide an opportunity for public comment by publishing a legal notice that includes the following:(i) A description of the types of sources, processes, emission units, and pollutants to be covered by the general permit.(ii) Electronic access to the draft general permit on the department website for the duration of the public comment period.(iii) Notification to the public of the following: (AA) A thirty (30) day period for submitting written comments to the commissioner.(BB) The opportunity for a public hearing for consideration of the general permit or notice of a hearing if one has been scheduled.(CC) A copy of the general permit and any technical support documents are available upon request.(B) The legal notice must be published as follows: (i) On the department website.(ii) In the Indiana Register.(b) The commissioner may issue a general permit to an emission unit, process, operation, or source within the class of emission units, processes, operations, or sources for which a general permit was established. An applicant for a general permit shall complete the following: (1) Apply to the commissioner for coverage by the general permit under terms of the general permit or submit an application for a general permit under this section. The application for a general permit must 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 may grant authorization to operate subject to the terms and conditions of the general permit.(3) The notice provisions of 326 IAC 2-1.1-6 are not applicable to a decision by the commissioner on a source's request for authorization to operate under a general permit. This subdivision is not intended to affect applicability of IC 4-21.5.(4) Upon billing, submit an application fee in accordance with 326 IAC 2-1.1-7(k).(5) Pay an annual operating fee in accordance with 326 IAC 2-1.1-7(k). Fees must be paid: (A) by mail or in person; and(B) upon billing by check or money order, payable to "Cashier, Indiana Department of Environmental Management" no later than thirty (30) calendar days after receipt of billing. Nonpayment results in revocation of the permit.
(c) The commissioner shall not issue more than two (2) general permits to any one (1) source in any twelve (12) month period.Air Pollution Control Board; 326 IAC 2-12-1; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1063; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR-326070286FRAFiled 3/18/2019, 2:36 p.m.: 20190417-IR-326170395FRA