Indianapolis-Marion County Revised Code § 511-501 Permit system.
Sec. 511-501. - Permit system.
(a) The board shall adopt regulations that create a permit system, and the office shall implement the permit system. The permit system shall contain two (2) components:
(1) The permit system mandated by Title V of the Clean Air Act of 1990, which may include permits required by Title IV of the Clean Air Act of 1990 (acid rain); and
(2) Other permits as required by federal or state law or deemed by the board to be necessary to carry out the purposes of this chapter.
Regulations adopted by the board shall be revised in a timely manner to incorporate new requirements set forth in applicable state or federal air pollution control laws or regulations.
(b) That portion of the permit system mandated by Title V of the Clean Air Act of 1990, which shall include permits required by Title IV of the Clean Air Act of 1990 (acid rain), shall comply in all respects with that act and applicable federal regulations. In the event of a conflict between the federal regulations promulgated pursuant to Title V and those promulgated pursuant to Title IV, those federal regulations promulgated pursuant to Title IV shall govern.
(c) The permit system shall include adequate, streamlined and reasonable procedures for expeditiously administering the system.
(d) At a minimum, the permit regulations shall perform the following functions:
(1) Require permits in order to construct new facilities or sources.
(2) Require permits in order to modify or reconstruct existing facilities or sources.
(3) Require permits in order to operate facilities or sources.
(4) Require permits for processes and other air contaminant emitters including, but not limited to, asbestos abatement.
(5) Require permits for claiming emission credits or allowances and establish procedures and requirements for obtaining and using emission credits or allowances, provided that such system shall not interfere with the federal sulfur dioxide allowance system established pursuant to Title IV of the Clean Air Act of 1990 (acid rain).
(6) Establish minimum levels of emissions from a facility, source, process or other air contaminant emitter for which a permit and/or reporting is required.
(7) Establish fixed terms for permits, which terms shall be as follows:
a. Five (5) years for permits required by Title IV of the Clean Air Act of 1990 (acid rain); and
b. Not to exceed five (5) years for all other permits.
(8) Establish the information necessary for complete permit applications and the procedures and time frames by which the applications' completeness shall be determined.
(9) Establish procedures and time frames for office review of permit applications, including initial permit issuance, modifications or revisions and renewals.
(10) Establish procedures and time frames for notice, public comment periods and public hearings, which procedures may include providing an opportunity to comment on the draft permit before it is issued. For permits required by Title V of the Clean Air Act of 1990, such procedures shall, as provided in 40 CFR § 70.7(h), require adequate procedures for public notice, including offering an opportunity for public comment and a hearing on the draft permit, for initial permit issuance, significant modifications and renewals.
(11) Require, when appropriate, reasonable tests and monitoring, including continuous emissions monitoring, and creation, submission to the office and retention of reports and records of tests, monitoring, production, maintenance or other matters relating to the quantity of emissions, the effectiveness of air pollution control equipment or compliance with this chapter and its regulations.
(12) Provide, for permits required by Title V of the Clean Air Act of 1990, if the applicant has submitted a timely and complete application for an initial or renewal permit, but no final action has been taken on the application, the applicant's failure to have a permit is not a violation of this chapter or its regulations until after the office takes final action on the permit application.
(13) Require, when necessary, that application forms, reports and compliance certifications shall contain certification by a responsible official of truth, accuracy and completeness.
(14) For permits required by Title V of the Clean Air Act of 1990, allow issuance of a permit for a facility or source not in compliance with applicable requirements.
(15) Require, when appropriate, submittal of a certified plan and schedule to attain and maintain compliance.
(16) Require that no permit shall automatically issue, be renewed or modified because of failure of the office to take action on the application, or for any other reason.
(17) Require that the office shall not issue a permit required by Title V of the Clean Air Act of 1990 if the administrator of the United States Environmental Protection Agency makes a written objection within the time allowed under applicable federal law.
(18) For permits required by Title V of the Clean Air Act of 1990, establish, consistent with the timing and other requirements of 40 CFR § 70.4(b)3 and § 72.72(b)(5)(ii), an opportunity for judicial review of final action on a permit, by the applicant, any person who participated in the public participation process and any other affected person entitled to judicial review of such action under state law. The opportunity for judicial review so provided shall be the exclusive means for obtaining judicial review of the terms and conditions of such permits. Procedures regarding such opportunity for judicial review may be established by this chapter or by regulation of the board.
(19) For permits required by Title V of the Clean Air Act of 1990, and solely for purposes of obtaining judicial review to require that action be taken by the office on the application without additional delay, provide that failure of the office to act on an initial or renewal application, or modification or revision, within the time periods specified in the Clean Air Act of 1990 is a final action of the administrator appealable directly to a court of competent jurisdiction.
(20) Establish transfer procedures and renewal procedures and, for permits required by Title V of the Clean Air Act of 1990, provide that permits being renewed are subject to the same procedural requirements that apply to initial permit issuance.
(21) Require that permits may be terminated, modified, or revoked and reissued for cause and establish causes for such actions.
(22) Provide, for permits required by Title V of the Clean Air Act of 1990, if the permit holder has submitted a timely and complete application for renewal, but no final action has been taken on the application, all the terms and conditions of the permit, including any application shield granted by subparagraph (12) of this paragraph (d), shall remain in effect until the renewal permit has been issued or denied.
(23) Require that permits required by Title V of the Clean Air Act of 1990 shall be reopened and revised before expiration of the permit when the following conditions exist:
a. Additional federal requirements become applicable to a facility or source with a permit which allows at least three (3) more years of continued operations. However, a permit does not have to be revised if the additional requirements will not become effective until after the date the permit expires. A permit revision to address additional requirements must be completed by the office not more than eighteen (18) months after the adoption of the additional requirements; or
b. Additional requirements become applicable to the permit under the acid rain program. Upon approval by the United States Environmental Protection Agency, an excess emissions offset plan shall be considered to be incorporated into the permit; or
c. The office or the United States Environmental Protection Agency determines that:
1. The permit contains a material mistake; or
2. Inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or
d. The office or the administrator of the United States Environmental Protection Agency determines that the permit must be revised or revoked to assure compliance with the applicable federal requirements as defined in 40 CFR § 70.2.
(24) Require that all permits shall contain a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit.
(25) Establish procedures for determining if information (other than the contents of a permit required by Title V of the Clean Air Act of 1990 or emissions data) maintained by the office, if made public, would divulge methods or processes entitled to protection as trade secrets and assuring security of information so determined to be entitled to confidentiality.
(26) For permits required by Title V of the Clean Air Act of 1990, establish procedures allowing changes to be made without requiring a permit revision if the permit holder has been issued an operating permit or is operating without a permit but has made a timely and complete application for a permit and if:
a. The changes are not modifications under any provision of Title I of the Clean Air Act of 1990;
b. The changes do not exceed emissions allowable under the permit, whether expressed as a rate of emissions or as total emissions; and
c. The permit holder provides the office with written notification at least seven (7) days before the proposed changes are made. However, the board, by regulation, may provide a different time period for notifications that involve emergency situations.
(27) For permits required by Title V of the Clean Air Act of 1990, establish procedures allowing reasonably anticipated alternate operating scenarios identified in the permit application and approved by the office.
(28) For permits required by Title IV of the Clean Air Act of 1990 (acid rain):
a. Establish a "permit shield" from enforcement action as provided in 40 CFR § 72.51;
b. Provide that a complete permit application shall be binding and enforceable as a Title IV (acid rain) permit from the date of submission of the application until issuance or denial of the permit; and
c. Allow exemptions for certain new units and retired units as provided in 40 CFR §§ 72.7 and 72.8.
(29) Require that all permits be consistent with all local, state and federal air pollution control laws and regulations;
(30) Require that all permits not interfere with attainment of local, state or federal air quality standards.
(e) The permit regulations may:
(1) Establish procedures for general permits covering numerous sources as provided in 40 CFR § 70.6(d).
(2) Establish a limited "permit shield" from enforcement action as provided in 40 CFR § 70.6(f).
(3) Allow changes not addressed or prohibited by a permit required by Title V of the Clean Air Act of 1990, provided such changes are not subject to any requirements under Title IV or are not modifications under any provision of Title I of that act.
(4) Establish procedures for trading emission increases and decreases under certain circumstances as provided in 40 CFR § 70.4(b)(12)(ii).
(5) Allow issuance of a permit with a future effective date.
(6) Perform any other function not specified in this subsection or subsection (d) if such function is reasonably necessary for efficient operation of the permit program or reasonably necessary to protect the public health or welfare or ensure compliance with local, state or federal air pollution control laws or regulations.
(7) Establish limited liability for failure to obtain a permit under certain circumstances, provided that any such regulation shall be consistent with, and no more permissive than, IC 13-10-4-1.
(f) No permit required by the Clean Air Act of 1990 for a solid waste incineration unit, as that term is defined in § 129 of that act, may be issued by any agency, instrumentality or person that is also responsible, in whole or in part, for the design and construction or operation of the unit.
(Code 1975, § 4-50; G.O. 150, 1999, § 4; G.O. 15, 2001, § 43)