CHAPTER 7. CLEAN AIR ACT PERMIT COMPLIANCE PROGRAM
IC 13-17-7
Chapter 7. Clean Air Act Permit Compliance Program
IC 13-17-7-1
Limitation on liability
Sec. 1. Except as otherwise provided in this chapter, if a person:
(1) constructed, reconstructed, modified, or operated a facilityor source that emits or is capable of emitting into theatmosphere a regulated pollutant in an amount for which:
(A) a registration;
(B) a construction permit; or
(C) an operating permit;
is required under IC 13-30-2-1(7) and rules adopted by theboard under IC 13-15-1-1;
(2) fails to obtain the:
(A) registration;
(B) construction permit; or
(C) operating permit;
as required by Indiana law;
(3) meets the conditions described in section 2 of this chapter;and
(4) pays a civil penalty described in section 6 of this chapter;
the person's failure to obtain the registration, construction permit, oroperating permit does not result in any liability beyond the liabilitydescribed in this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-7-2
Conditions
Sec. 2. (a) All of the following conditions must be satisfied for aperson to qualify for the exemption from liability established insection 1 of this chapter:
(1) If the source is required to obtain a Title V operating permit,a complete permit application for a Title V operating permit, aFESOP, or an enforceable operating agreement that includes theexisting and unpermitted facility or source is submitted to thecommissioner not later than November 16, 1996, or a dateestablished by the board for timely submission of an applicationfor a Title V operating permit, whichever is earlier. The permitapplication submitted under this subdivision must comply with:
(A) the requirements of 40 CFR 70.5(a)(2); and
(B) all rules adopted by the board implementing 40 CFR70.5(a)(2).
(2) If the source is not required to obtain a Title V operatingpermit, a complete application for a registration or constructionpermit, as applicable, for the existing and unpermitted facilityor source is submitted to the commissioner not later thanNovember 16, 1996. The registration or construction permitapplication must comply with all rules adopted by the board.
(3) Each existing emitting facility or source for which limited
liability is claimed under this chapter is clearly identified in theapplication submitted under subdivision (1) or (2), whicheveris applicable.
(4) The emitting facility or source was constructed or modifiedbefore January 1, 1994.
(5) The emitting source was not the subject of a completedadministrative or civil action for failure to obtain a necessary airconstruction or operation permit:
(A) after January 1, 1989; and
(B) before January 1, 1994.
(6) The source is not the subject of a pending administrative orcivil action for failure to obtain a necessary air construction oroperation permit.
(b) The department may not require:
(1) a separate registration application;
(2) a construction permit application; or
(3) an additional operating permit application;
if the Title V operating permit application submitted for the sourcesor facilities qualifying for an exemption from liability under section1 of this chapter and identified under subsection (a)(3) containsinformation that satisfies all requirements of the rules adopted by theboard and all Indiana statutes concerning new or modified sourcesand facilities.
(c) This section does not relieve a person from any obligation to:
(1) apply for or obtain a permit required for the prevention ofsignificant deterioration or by new source review requirementsof the federal Clean Air Act under 42 U.S.C. 7470 et seq. (PartC) or 42 U.S.C. 7501 et seq. (Part D); or
(2) obtain a registration or construction permit required underan Indiana law or rules adopted by the board.
As added by P.L.1-1996, SEC.7.
IC 13-17-7-3
Applicability of chapter; limitations
Sec. 3. This chapter does not do any of the following:
(1) Limit the scope of a person's liability for criminal penaltiesor for civil penalties under IC 13-30-4, IC 13-30-5, andIC 13-30-8.
(2) Excuse or prohibit enforcement of violations of any state orfederal health based or technology based standard, includingnational primary and secondary ambient air quality standards.
(3) Excuse a facility or source for failure to obtain in advancea construction permit required by the prevention of significantdeterioration or new source review requirements of the federalClean Air Act under 42 U.S.C. 7470 et seq. (Part C) or 42U.S.C. 7501 et seq. (Part D).
(4) Apply to an individual facility at a source:
(A) that has potential emissions of more than one hundred(100) tons per year of any regulated pollutant;
(B) to which the board had established permit requirements
under rules in effect on January 1, 1994; and
(C) that never received an operating permit under 326 IAC2-1-4 as in effect on January 1, 1994.
As added by P.L.1-1996, SEC.7. Amended by P.L.137-2007, SEC.9.
IC 13-17-7-4
Prohibition on reopening of enforcement action
Sec. 4. An enforcement action that has been resolved or settledwith the commissioner or any other person may not be reopened onthe basis of this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-7-5
Basis for civil action
Sec. 5. A private citizen, the commissioner, the governor, or theattorney general may initiate a civil action under:
(1) IC 13-14-10-2;
(2) IC 13-15-3-6;
(3) IC 13-17-4;
(4) IC 13-30-1-1 through IC 13-30-1-7;
(5) IC 13-30-3-2 through IC 13-30-3-9; or
(6) IC 32-30-6-7;
whichever is applicable, to enjoin or abate emissions resulting fromthe operation of an existing emitting facility or source.
As added by P.L.1-1996, SEC.7. Amended by P.L.1-1998, SEC.105;P.L.2-2002, SEC.56.
IC 13-17-7-6
Civil penalty for failure to possess a permit or registration
Sec. 6. The sole civil penalty for a failure to possess a permit orregistration as described in section 1 of this chapter, regardless of thenumber of facilities identified in the application filed under section2 of this chapter, is as follows:
(1) For a person who submits a timely and complete Title Voperating permit application under section 2 of this chapter:
(A) three thousand dollars ($3,000); and
(B) an amount equal to the amount charged for an annualoperation fee for all facilities or sources owned or operatedby the person that should have been permitted or registeredbased on fees established for 1993 in 326 IAC 2-1-7.1(a)(4)or 326 IAC 2-1-7.1(a)(5).
(2) For a person who submits a timely and complete applicationfor a FESOP, an enforceable operating agreement under section2(a)(1) of this chapter, or a timely and complete application fora registration or construction permit under section 2(a)(2) ofthis chapter:
(A) two thousand dollars ($2,000); and
(B) an amount equal to the amount charged for an annualoperation fee for all facilities or sources owned or operatedby that person that should have been permitted or registered
based on fees established for 1993 in 326 IAC 2-1-7.1(a)(4)or 326 IAC 2-1-7.1(a)(5).
As added by P.L.1-1996, SEC.7.
IC 13-17-7-7
Applicability of chapter
Sec. 7. The limitation on liability provided under section 1 of thischapter only applies to an administrative or a judicial enforcementaction brought against a person for failure to possess a valid stateconstruction permit, operating permit, or registration. This chapterdoes not apply to any other type of violation.
As added by P.L.1-1996, SEC.7.
IC 13-17-7-8
Rules
Sec. 8. The board may adopt rules under IC 4-22-2 to implementthis chapter.
As added by P.L.1-1996, SEC.7.