§ 13-17-7-2 — Conditions

Indiana § 13-17-7-2

• Jurisdiction: Indiana
• Art. 17: AIR POLLUTION CONTROL
• Ch. 7: Clean Air Act Permit Compliance Program

Text

(a) All of the following conditions must be
satisfied for a person to qualify for the exemption from liability
established in section 1 of this chapter:
(1) If the source is required to obtain a Title V operating permit,
a complete permit application for a Title V operating permit, a
FESOP, or an enforceable operating agreement that includes the
existing and unpermitted facility or source is submitted to the
commissioner not later than November 16, 1996, or a date
established by the board for timely submission of an application
for a Title V operating permit, whichever is earlier. The permit
application submitted under this subdivision must comply with:
(A) the requirements of 40 CFR 70.5(a)(2); and
(B) all rules adopted by the board implementing 40 CFR
70.5(a)(2).
(2) If the source is not required to obtain a Title V operating
permit, a complete application for a registration or construction
permit, as applicable, for the existing and unpermitted facility or
source is submitted to the commissioner not later than November
16, 1996. The registration or construction permit application must
comply with all rules adopted by the board.
(3) Each existing emitting facility or source for which limited
liability is claimed under this chapter is clearly identified in the
application submitted under subdivision (1) or (2), whichever is
applicable.
(4) The emitting facility or source was constructed or modified
before January 1, 1994.
(5) The emitting source was not the subject of a completed
administrative or civil action for failure to obtain a necessary air
construction or operation permit:
(A) after January 1, 1989; and
(B) before January 1, 1994.
(6) The source is not the subject of a pending administrative or
civil action for failure to obtain a necessary air construction or
operation permit.
(b) The department may not require:
(1) a separate registration application;
(2) a construction permit application; or
(3) an additional operating permit application;
if the Title V operating permit application submitted for the sources or
facilities qualifying for an exemption from liability under section 1 of
this chapter and identified under subsection (a)(3) contains information
that satisfies all requirements of the rules adopted by the board and all
Indiana statutes concerning new or modified sources and facilities.
(c) This section does not relieve a person from any obligation to:
(1) apply for or obtain a permit required for the prevention of
significant deterioration or by new source review requirements of
the federal Clean Air Act under 42 U.S.C. 7470 et seq. (Part C) or
42 U.S.C. 7501 et seq. (Part D); or
(2) obtain a registration or construction permit required under an
Indiana law or rules adopted by the board.
[Pre-1996 Recodification Citation: 13-10-4-1(c).]

Legislative History

As added by P.L.1-1996, SEC.7.