Section 326IAC2-7-13. General permits

   (a) A general permit may be issued subject to the following conditions:

(1) A Part 70 general permit shall comply with all requirements applicable to other Part 70 permits and shall identify criteria by which sources may qualify for the general permit.

(2) The commissioner may, after complying with notice and opportunity for public participation provided under section 17 of this rule, issue a general permit covering numerous similar sources. In providing an opportunity for public comment, the commissioner shall make a reasonable attempt to publish notice in newspapers in general circulation in those areas of the state in which sources that would qualify for coverage under the permit are believed to be located.

(3) General permits shall not be authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the CAA.

  (b) For individual sources and source modifications to obtain general permit coverage, an applicant must do the following:

(1) Apply to the commissioner for coverage by the general permit under the terms of the general permit or apply for a Part 70 permit consistent with section 4 of this rule. The commissioner may provide, in the general permit, for applications which deviate from the requirements of section 4 of this rule, provided that such applications meet the requirements of Title V of the CAA, and include all information necessary to determine qualification for, and assure compliance with, the general permit.

(2) Request authorization to operate under a general permit and meet the conditions and terms of the general permit. The commissioner shall grant authorization to operate subject to the terms and conditions of the general permit. The notice provisions of section 17 of this rule are not applicable to a grant by the commissioner of a source's request for authorization to operate under a general permit and such a grant shall not be a final action for purposes of judicial review.

(3) Notwithstanding the shield provisions of section 15 of this rule, a source which requests and is granted authority to operate under a general permit shall be subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit.

(4) General permits may be issued for modifications of existing sources.

(Air Pollution Control Division; 326 IAC 2-7-13; filed May 25, 1994, 11:00 a.m.: 17 IR 2264)