IDEM Seeks Comments on Revisions to Annual Compliance Certification Non-Rule Policy Document
By Jennifer Thompson, Attorney, Bingham Greenebaum Doll LLP
The Indiana Department of Environmental Management (“IDEM”) has proposed revisions to its non-rule policy document (“NPD”) AIR-007-NPD-R2, Guidelines for Submittal and Review of Annual Compliance Certifications under the Federally Enforceable State Operating Permit (FESOP) and Part 70 Permit Programs. The proposed revisions include a revised sample Annual Compliance Certification (“ACC”) form which allows sources with Title V operating permits or FESOPs to certify compliance with the terms and conditions of permits through a more streamlined process, requiring a listing of only those specific conditions for which compliance was intermittent during the reporting period, while still certifying compliance with the remainder of permit conditions.
Use of a short form ACC will relieve sources from the burden of listing every condition of their permit in a different format and will allow the IDEM and others to more readily identify any noncompliance the source is reporting. Other U.S. EPA Region V states already utilize ACC short forms.
Comments on the proposed revisions to the NPD must be submitted to the IDEM by September 8, 2008. Comments may be submitted via U.S. mail or emailed as set forth below:
IDEM – Office of Air Quality
100 North Senate Avenue
MC 61-53, IGC-N 1003
Indianapolis, IN 46204
The IDEM plans to present the revised NPD to the Air Pollution Control Board (“APCB”) during its October 1, 2008 meeting. Pursuant to IC § 13-14-1-11.5, the revised NPD cannot become effective until at least thirty (30) days after presentation to the APCB.