Authority: IC 13-14-8; IC 13-15-2; IC 13-15-3-1; IC 13-17-3-4; IC 13-17-3- 11

Affected: IC 13-15-5-3; IC 13-17

Sec. 6. (a) Registrations, permits, modification approvals, and operating permit revisions issued under this article are subject to the following public notice requirements, except as otherwise required in this article. The commissioner shall notify the public of the opportunity to comment on the proposed approval or denial of the registration, permit, modification approval, or operating permit revision as follows:

1. (1) The commissioner shall do the following:

   1. (A) Provide notice of the receipt of a permit or operating permit revision application to the following:

      1. (i) The county executive of a county that is affected by the permit application.
      2. (ii) The executive of a city that is affected by the permit application.
      3. (iii) The executive of a town council of a town that is affected by the permit application.
   2. The commissioner may require a person who submits an application to provide information on the application necessary for the commissioner to implement this subdivision.
   3. (B) Publish a notice requesting comment on the proposed permit or permit revision approval or denial on the department website.
   4. (C) Provide electronic access to the draft permit on the department website for the duration of the public comment period.
   5. (D) Provide a document supporting the proposed permit or permit revision for public inspection in the offices of the local air pollution control agency or the local health commissioner.
   6. (E) Allow a period of at least thirty (30) calendar days opportunity for public comment.
2. (2) The commissioner may allow opportunity for a public hearing unless otherwise noted.
3. (3) The commissioner shall provide notice of the commissioner's issuance or denial to those parties listed in IC 13-15-5- 3(c).

(b) The following approvals and operating permit revisions are not subject to the public notice requirements of this section:

1. (1) Registrations issued under 326 IAC 2-5.1-2.
2. (2) Administrative amendment operating permit revisions under 326 IAC 2-6.1-6(d).
3. (3) Administrative amendments under 326 IAC 2-7-11 and 326 IAC 2-8-10.
4. (4) A determination by the commissioner that a source is exempt from the requirements of this article.

5. (5) A minor permit revision or modification approval under the following:

   1. (A) 326 IAC 2-6.1-6(g).
   2. (B) 326 IAC 2-7-10.5(e).
   3. (C) 326 IAC 2-8-11.1(d).

(c) Within ten (10) days of the submission of an application, each applicant shall place a copy of the permit application or operating permit revision application for public review at a library in the county where the construction or modification is proposed. Each applicant shall notify the commissioner of the location of the library where the copy of the application was placed.

(d) Any person applying for a permit upon land that is either undeveloped or for which a valid existing permit has not been issued shall make, not more than ten (10) working days after submitting the permit application, a reasonable effort to provide notice to all owners or occupants of land adjoining the land that is the subject of the application. Each applicant shall pay the cost of compliance with this subsection. The notice must:

1. (1) be in writing; and

2. (2) include:

   1. (A) the date on which the application was submitted; and
   2. (B) a brief description of the subject of the application.

(e) Upon written request to the commissioner, a person may be included on a list of persons to receive notification of public comment periods, issuances, or denials.

(Air Pollution Control Division; 326 IAC 2-1.1-6; filed Nov 25, 1998, 12:13 p.m.: 22 IR 990; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3105; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA; errata filed Jan 2, 2013, 2:19 p.m.: 20130123-IR-326130002ACA; filed Mar 18, 2019, 2:36 p.m.: 20190417-IR-326170395FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)