Section 326IAC2-1.1-10. Local agencies

   (a) A local agency may be authorized by the commissioner to do the following:

(1) Process and review applications for registrations, construction permits, operating permits, and operating permit revisions required under this article.

(2) Issue or deny registrations, construction permits, operating permits, and permit revision approvals in accordance with the requirements of this article as a designated representative of the commissioner.

Such authorization may be in the form of a written agreement or contract between the commissioner and the local agency.

  (b) Emission limitations, monitoring, testing, reporting, and record keeping requirements may be established by a designated local agency. If the commissioner determines that an emission limitation in a permit or permit revision approval, that has been proposed or issued by any local agency, conflicts with the attainment or maintenance of an ambient air quality standard or does not assure compliance with an applicable requirement, the commissioner shall do the following:

(1) Notify the local agency of the conflict and give the local agency sixty (60) days within which to resolve the conflict.

(2) Issue or deny the permit or permit revision in accordance with this article and IC 13-15-6, if the conflict is not resolved within sixty (60) calendar days.

  (c) A local agency may be authorized by the commissioner to perform compliance related activities as a designated representative, including those activities under section 11 of this rule. The authorization may be in the form of a written agreement or contract between the commissioner and the local agency.

  (d) A local agency may be authorized by the commissioner to collect all or part of the permit fees established in this rule or to substitute a permit fee schedule that meets the requirement of approximating the costs to the department and the local agency of processing and reviewing the applicable construction or operating permit or other activity and the costs of determining compliance with the terms and conditions of such permit and applicable rules. Such authorization may be in the form of a written agreement or contract between the commissioner and the local agency and shall specify the fee schedule to be applied and the recipient of the fees. (Air Pollution Control Division; 326 IAC 2-1.1-10; filed Nov 25, 1998, 12:13 p.m.: 22 IR 995)