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IDEM Seeks Comments on Plan to Overhaul Air Permit Rules

08.01.2007

By Jennifer Thompson, Attorney, Bingham Greenebaum Doll LLP

The Indiana Department of Environmental Management (“IDEM”) is seeking comments on a proposed rulemaking action to correct and clarify the air pollution control rules found in 326 IAC 2 as well as to adopt revisions required and/or suggested by the United States Environmental Protection Agency (“U.S. EPA”). The rulemaking action, entitled, LSA Document #07-372, Development of Amendments to Rules Concerning Corrections and Clarifications to Permit Rules, proposes to include: (1) revisions necessary for federal approval of amendments to the Title V Permit Program; (2) revisions necessary for federal approval of amendments to minor new source review rules: (3) amendments resulting from the federal New Source Review Reform regulations; (4) revisions to Title V Permit rules to make the rules consistent with recent federal rulemaking actions, such as the Compliance Assurance Monitoring Rule; and (5) other corrections and clarification to reduce confusion and provide consistency in the air permitting rules.

Revisions listed in the notice as necessary to obtain federal approval of amendments to the Title V Permit Program include clarifications to the definition of “insignificant activity” at 326 IAC 2-7-1(21). The IDEM also states in the notice that it plans to consider other changes to the definition of “insignificant activity.” Proposed changes include but are not limited to:

  • A limit on operating hours for emergency generators that are considered insignificant (326 IAC 2-7-1(21)(G)(xxii)(BB)).
  • Clarification that degreasing activities that include one ton per year or more of a hazardous air pollutant are not insignificant. (326 IAC 2-7-1(21)(G)(vi)(CC))
  • Addition of a time frame for bridge fabrication. (326 IAC 2-7-1(21)(G)(vi)(ii)).

Other proposed revisions to 326 IAC 2 listed in the notice include removing the clean unit and pollution control project provisions from Indiana’s NSR Reform Rules (consistent with U.S. EPA’s partial approval of Indiana’s NSR Reform Rules printed in the July 18, 2007 Federal Register and the June 24, 2005 D.C. Circuit Court of Appeal’s decision to vacate the federal counterparts to these rules) and removing the emission cap provisions from the minor new source review rules in 326 IAC 2-1.1.

Because the notice for this rulemaking action does not specify each rule proposed to be amended, there may be other significant changes to the permitting provisions. Thus, any company with an air permit should track the progression of this rulemaking action. Comments on the proposed rulemaking must be postmarked, faxed, or hand delivered as instructed in the notice by August 17, 2007. A copy of the notice can be found at: http://www.in.gov/legislative/iac/20070718-IR-326070372FNA.xml.html.

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