Authority: IC 13-14-8; IC 13-17

Affected: IC 13-15; IC 13-16-2-1

Sec. 18. (a) A FESOP general permit may be issued subject to the following conditions:

1. (1) A FESOP general permit must:

   1. (A) comply with all requirements applicable to FESOPs under this rule; and
   2. (B) identify criteria by which sources may qualify for the FESOP general permit.
2. (2) A FESOP general permit must include operating conditions that apply to any source operating under the FESOP general permit.

3. (3) The commissioner may, after complying with the notice and opportunity for public participation provided under section 13 of this rule, issue a FESOP general permit covering numerous similar sources. In providing an opportunity for public comment, the commissioner shall publish notice as follows:

   1. (A) On the department website.
   2. (B) In the Indiana Register.
4. (4) A FESOP general permit must be provided for public review through electronic access on the department website for the duration of the public comment period.

(b) For individual sources that wish to obtain FESOP general permit coverage, an applicant must do the following:

1. (1) Apply to the department for coverage by the FESOP general permit under the terms of the FESOP general permit or apply for a FESOP consistent with section 3 of this rule. The department may provide, in the FESOP general permit, for applications that deviate from the requirements of section 3 of this rule, provided that the applications include all information necessary to determine qualification for, and ensure compliance with, the FESOP general permit.
2. (2) Request authorization to operate under a FESOP general permit and meet the conditions and terms of the FESOP general permit. The notice provisions of section 13 of this rule are not applicable to a grant by the commissioner of a source's request for authorization to operate under a FESOP general permit.

3. (3) Upon billing, submit an application fee in accordance with 326 IAC 2-1.1-7(f)(1). A source operating under a FESOP general permit issued under this section shall pay an annual operating fee in accordance with 326 IAC 2-1.1-7(f)(2). If an annual fee is being paid under a payment schedule established under IC 13-16-2-1, the fee must be paid according to that schedule. Establishment of a fee payment schedule must be consistent with the provisions of IC 13-16-2-1, including the determination that:

   1. (A) a single payment of the entire fee is an undue hardship on the person; and
   2. (B) the department is not required to assess installments separately.

(c) A source that requests and is granted authority to operate under a FESOP general permit is subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the FESOP general permit.

(d) General permits may be issued for modifications of existing sources.

(Air Pollution Control Division; 326 IAC 2-8-18; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2363; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR-326070286FRA; filed Mar 18, 2019, 2:36 p.m.: 20190417-IR-326170395FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)