IC 13-15-6
    Chapter 6. Appeal of Agency Determination to Issue or DenyPermit

IC 13-15-6-1
Objections; request for adjudicatory hearing
    Sec. 1. (a) Not later than fifteen (15) days after being served thenotice provided by the commissioner under IC 13-15-5-3:
        (1) the permit applicant; or
        (2) any other person aggrieved by the commissioner's action;
may appeal the commissioner's action to the office of environmentaladjudication and request that an environmental law judge hold anadjudicatory hearing concerning the action under IC 4-21.5-3 andIC 4-21.5-7.
    (b) Notwithstanding subsection (a) and IC 4-21.5-3-7(a)(3), aperson may file an appeal of the commissioner's action in issuing aninitial permit under the operating permit program under 42 U.S.C.7661 through 7661f not later than thirty (30) days after the date theperson received the notice provided under IC 13-15-5-3, for a permitissued after April 30, 1999.
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.5;P.L.90-1998, SEC.13; P.L.224-1999, SEC.5.

IC 13-15-6-2
Contents of request
    Sec. 2. A written request for an adjudicatory hearing under section1 of this chapter must do the following:
        (1) State the name and address of the person making therequest.
        (2) Identify the interest of the person making the request.
        (3) Identify any persons represented by the person making therequest.
        (4) State with particularity the reasons for the request.
        (5) State with particularity the issues proposed for considerationat the hearing.
        (6) Identify the permit terms and conditions that, in thejudgment of the person making the request, would beappropriate in the case in question to satisfy the requirementsof the law governing permits of the type granted or denied bythe commissioner's action.
As added by P.L.1-1996, SEC.5.

IC 13-15-6-3
Hearings
    Sec. 3. (a) Not later than thirty (30) days after being served arequest for an adjudicatory hearing, an environmental law judgeunder IC 4-21.5-7 shall, if the environmental law judge determinesthat:
        (1) the request was properly submitted; and
        (2) the request establishes a jurisdictional basis for a hearing;assign the matter for a hearing.
    (b) Upon assigning the matter for a hearing, an environmental lawjudge may stay the force and effect of the following:
        (1) A contested permit provision.
        (2) A permit term or condition the environmental law judgeconsiders inseverable from a contested permit provision.
    (c) After a final hearing under this section, a final order of anenvironmental law judge on a permit application is subject to reviewunder IC 4-21.5-5.
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.6;P.L.90-1998, SEC.14.

IC 13-15-6-4
Final agency action
    Sec. 4. (a) This section applies to an application for a permit orfor the renewal of a permit under the operating permit program under42 U.S.C. 7661 through 7661f.
    (b) Failure of the commissioner to act on an application inaccordance with the times provided in Section 503 of the federalClean Air Act Amendments of 1990 (42 U.S.C. 7661b) or Title IVof the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7651to 7651o) shall be treated as a final agency action solely for thepurposes of obtaining judicial review in state court of an actionbrought by:
        (1) any person that participated in the public comment process;or
        (2) any person entitled to judicial review of the final agencyaction under IC 4-21.5-5;
to require that an action be taken by the commissioner on the permitapplication without additional delay.
As added by P.L.1-1996, SEC.5.

IC 13-15-6-5
Judicial review
    Sec. 5. (a) This section applies to an application for a permit orfor the renewal of a permit under the operating permit program under42 U.S.C. 7661 through 7661f.
    (b) Notwithstanding IC 4-21.5-5-5, a person may file a petition forjudicial review of final agency action on an application for a permit,a permit renewal, or a permit revision more than thirty (30) days afterthe person is served notice of the final agency action if the followingconditions exist:
        (1) The petition is based on new grounds that arise more thanthirty (30) days after the person is served the notice.
        (2) The petition is filed not more than thirty (30) days after thenew grounds arise.
        (3) The new grounds:
            (A) are based on new information that was not availableduring the review period; and
            (B) could not by due diligence have been discovered and

produced within the time required for the proceedings underthis section.
As added by P.L.1-1996, SEC.5. Amended by P.L.90-1998, SEC.15.

IC 13-15-6-6
Applicability of judicial review to revision or modification ofpermit
    Sec. 6. The air pollution control board may adopt rules underIC 4-22-2 to provide that the opportunity for judicial review allowedunder section 4 or 5 of this chapter applies to the revision ormodification of a permit or license under the operating permitprogram under 42 U.S.C. 7661 through 7661f.
As added by P.L.1-1996, SEC.5.

IC 13-15-6-7
Computation of time
    Sec. 7. (a) In computing a period of time under this chapter, theday of the act, event, or default from which the designated period oftime begins to run is not included. The last day of the computedperiod is to be included unless it is a:
        (1) Saturday;
        (2) Sunday;
        (3) legal holiday under a state statute; or
        (4) day that the office in which the act is to be done is closedduring regular business hours.
    (b) A period runs until the end of the next day after a daydescribed in subsections (a)(1) through (a)(4).
    (c) A period of time under this chapter that commences when aperson is served with a paper commences with respect to a particularperson on the earlier of the date that:
        (1) the person is personally served with the notice; or
        (2) a notice for the person is deposited in the United Statesmail.
    (d) If a notice is served through the United States mail, three (3)days must be added to a period that commences upon service of thatnotice.
As added by P.L.90-1998, SEC.16.