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New Short-Form Annual Compliance Certification Eases Administrative Burden for Air Permit Holders


By Jennifer Thompson, Attorney, Bingham Greenebaum Doll LLP

The Indiana Department of Environmental Management (“IDEM”) presented 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 to the Air Pollution Control Board (“APCB”) on October 1, 2008. The revisions to the existing policy 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.

The NPD presented to the APCB included modifications that were made following the public comments period. The changes made by IDEM following the public comment period include: removing instructional language from the definition section; removing the deviation start and end date field from the sample form; additions to the instructions regarding the actual certification; and clarifications regarding reporting previously unreported deviations.

Use of the 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 short- form ACCs.

Pursuant to Indiana Code § 13-14-1-11.5, Air-007-NPD-R2 will become effective thirty (30) days after presentation to the APCB, or on October 31, 2008.


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