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

Affected: IC 13-15-4-9; IC 13-17

Sec. 4. (a) The commissioner shall include an approval to operate and operating conditions in an initial construction permit. The level of approval shall be as follows:

1. (1) A source must obtain approval to operate under a state operating permit under 326 IAC 2-6.1 if the permit does not include terms and conditions that limit the potential to emit of the source to below thresholds that would require a Part 70 permit.
2. (2) A source must obtain approval to operate as a FESOP under 326 IAC 2-8 if the permit includes terms and conditions that limit the potential to emit of the source to below the thresholds that require the source to obtain a Part 70 permit and is issued in accordance with 326 IAC 2-8-13.

3. (3) A source must obtain approval to operate as a Part 70 source under 326 IAC 2-7 if:

   1. (A) the source is constructing under 326 IAC 2-2 or 326 IAC 2-3; or
   2. (B) the potential to emit exceeds the Part 70 major source thresholds as defined in 326 IAC 2-7-1(20).
4. The permit must include the permit content in accordance with 326 IAC 2-7-5 and compliance requirements in accordance with 326 IAC 2-7-6, and the permit must be issued in accordance with 326 IAC 2-7-17.

(b) If all terms and conditions of 326 IAC 2-1.1-6 were satisfied in the processing of the construction permit, then the emission limitations may be included in the subsequent operating permit without repeating the public notice requirements in 326 IAC 2-1.1-6.

(Air Pollution Control Division; 326 IAC 2-5.1-4; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1011; filed Aug 10, 2004, 3:35 p.m.: 27 IR 3947; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA; errata filed Jun 3, 2025, 1:59 p.m.: 20250618-IR-326250285ACA)