IC 13-15-7
    Chapter 7. Revocation or Modification of Permits; Appeal ofRevocation or Modification

IC 13-15-7-1
Criteria for revocation or modification of permit
    Sec. 1. Except as provided in sections 2 and 4 of this chapter, thecommissioner or a designated staff member may revoke or modify apermit granted by the department under environmental managementlaws or IC 13-7 (before its repeal) for any of the following causes:
        (1) Violation of any condition of the permit.
        (2) Failure to disclose all of the relevant facts.
        (3) Any misrepresentation made in obtaining the permit.
        (4) Changes in circumstances relating to the permit that requireeither a temporary or permanent reduction in the discharge ofcontaminants.
        (5) Any other change, situation, or activity relating to the use ofa permit that, in the judgment of the department, is notconsistent with the following:
            (A) The purposes of this title.
            (B) Rules adopted by one (1) of the boards.
As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.6;P.L.14-2000, SEC.36.

IC 13-15-7-2
Criteria for revision of operating permit
    Sec. 2. The commissioner shall reopen and revise a permit issuedunder the operating permit program of 42 U.S.C. 7661 through 7661fbefore the expiration of the permit when any of the followingconditions exist:
        (1) Additional federal requirements become applicable to asource whose permit allows at least three (3) more years ofcontinued operation. However, a permit does not have to berevised if the additional requirements will not become effectiveuntil after the date the permit expires. A permit revision toaddress additional requirements must be completed by thecommissioner not more than eighteen (18) months after theadoption of the additional requirements.
        (2) Additional requirements become applicable to the permittedsource under the acid rain program. Upon approval by theUnited States Environmental Protection Agency, an excessoffset emissions plan is considered to be incorporated into thepermit.
        (3) The commissioner or the United States EnvironmentalProtection Agency determines that:
            (A) the permit contains a material mistake; or
            (B) inaccurate statements were made in establishing theemissions standards or other terms or conditions of thepermit.
        (4) The commissioner or the Administrator of the United States

Environmental Protection Agency determines that the permitmust be revised or revoked to assure compliance with theapplicable federal requirements (as defined in 40 CFR 70.2).
As added by P.L.1-1996, SEC.5.

IC 13-15-7-3
Objections and appeal
    Sec. 3. A person aggrieved by the revocation or modification ofa permit may appeal the revocation or modification to the office ofenvironmental adjudication for an administrative review underIC 4-21.5-3. Pending the decision resulting from the hearing underIC 4-21.5-3 concerning the permit revocation or modification, thepermit remains in force. However, the commissioner may seekinjunctive relief with regard to the activity described in the permitwhile the decision resulting from the hearing is pending.
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.7.

IC 13-15-7-4
Changes not requiring permit revision
    Sec. 4. (a) This section applies to a facility that:
        (1) has been issued an operating permit by the air pollutionboard; or
        (2) is operating without a permit but has made a timely andcomplete application for a permit under IC 13-17-8-10.
    (b) The air pollution control board shall adopt rules underIC 4-22-2 as part of the operating permit program established under42 U.S.C. 7661 through 7661f providing that a facility may makechanges without a permit revision if the following conditions exist:
        (1) The changes are not modifications under any provision ofTitle I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), asamended by the federal Clean Air Act Amendments of 1990(P.L.101-549).
        (2) The changes do not exceed emissions:
            (A) expressed as a rate of emissions; or
            (B) expressed as total emissions;
        allowable under the permit.
        (3) The facility provides the commissioner with writtennotification at least seven (7) days before the proposed changesare made. However, the air pollution control board may adoptrules that provide a different period for notifications thatinvolve emergency situations.
As added by P.L.1-1996, SEC.5.