Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 4. (a) Nothing in this article shall allow for the circumvention or violation of any federal law or regulation or the requirements under 326 IAC 2-2, 326 IAC 2-3, 326 IAC 2-4.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9. In the case of a conflict between this rule and a provision of federal law or regulation, the more stringent requirement applies.

(b) Any person proposing the construction of a major prevention of significant deterioration (PSD) source or major PSD modification as defined under 326 IAC 2-2, that is or will be located in an attainment area or unclassified area under 326 IAC 1-4, shall comply with the requirements of 326 IAC 2-2 in addition to the applicable requirements of this rule.

(c) Any person proposing the construction or modification of a major source or emissions unit as defined under 326 IAC 2-3, that will:

1. (1) significantly impact upon the air quality of a nonattainment area; or
2. (2) be located in a nonattainment area under 326 IAC 1-4;

shall comply with the requirements of 326 IAC 2-3 in addition to the applicable requirements of this rule.

(Air Pollution Control Division; 326 IAC 2-1.1-4; filed Nov 25, 1998, 12:13 p.m.: 22 IR 990; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)