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EPA Approves Indiana SIP Revisions to Incorporate Consent Decree Requirements


By Andy Bowman, Attorney, Bingham Greenebaum Doll LLP

On March 15, 2013 EPA published approval of a revision to Indiana’s State Implementation Plan (SIP) that authorizes the Indiana Department of Environmental Management (IDEM) to include requirements from federal consent decrees in permits to construct new air emission units or modify existing emission units (i.e., source modifications) at sources subject to Title V of the Clean Air Act.  As a result, any federal consent decree limitations that are incorporated into a source modification permit become “applicable requirements” as defined by Clean Air Act regulations and will survive beyond the expiration of the consent decree.  According to EPA such incorporated consent decree requirements “will become permanently enforceable by both IDEM and EPA.”  78 Federal Register 16412, 16413 (March 15, 2013).  Once established as an applicable requirement in a source modification permit, the requirement will be included in the source’s Title V operating permit through a permit modification. 

The former Indiana Air Pollution Control Board amended 326 IAC 2-7-10.5(b) on November 2, 2011 to authorize incorporation of consent decree requirements.  The state rule change became effective on March 8, 2012 (LSA Document No. 09-493(F)).  The SIP approval becomes effective on May 14, 2013, unless adverse comments are received by April 15, 2013.  More information about the revised SIP approval is available at under Docket No. EPA-R05-OAR-2012-0650.

To view a complete PDF of the First Quarter 2013 issue of the Air Quality Letter, Click HERE.


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