Section 326IAC2-1.1-5. Air quality requirements

   The commissioner shall not issue preconstruction approval to any person for construction or modification of any source or emission unit if the commissioner determines that the terms and conditions of the preconstruction approval:

(1) will interfere with attainment or maintenance of any National Ambient Air Quality Standards (NAAQS) set forth in 326 IAC 1-3;

(2) do not comply with the requirements of 326 IAC 2-2 for construction or modification of a major stationary source or major modification as defined in 326 IAC 2-2 that is or will be located in an attainment or unclassified area under 326 IAC 1-4;

(3) do not comply with the requirements of 326 IAC 2-3 for construction or modification of a major stationary source or major modification as defined under 326 IAC 2-3 that is or will be located in a nonattainment area under 326 IAC 1-4;

(4) do not assure compliance with all applicable air pollution control rules, except as provided by an enforceable compliance schedule; or

(5) are not protective of the public health.

(Air Pollution Control Division; 326 IAC 2-1.1-5; filed Nov 25, 1998, 12:13 p.m.: 22 IR 990; filed Oct 2, 2013, 11:32 a.m.: 20131030-IR-326120500FRA)