2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 15. PERMITS GENERALLY
CHAPTER 7. REVOCATION OR MODIFICATION OF PERMITS; APPEAL OF REVOCATION OR MODIFICATION
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IC 13-15-7
Chapter 7. Revocation or Modification of Permits; Appeal of
Revocation 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, the
commissioner or a designated staff member may revoke or modify a
permit granted by the department under environmental management
laws 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 require
either a temporary or permanent reduction in the discharge of
contaminants.
(5) Any other change, situation, or activity relating to the use of
a permit that, in the judgment of the department, is not
consistent with the following:
(A) The purposes of this title.
(B) Rules adopted by the board or one (1) of the former
boards abolished by IC 13-13-8-2.
As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.6;
P.L.14-2000, SEC.36; P.L.113-2014, SEC.66.
IC 13-15-7-2
Criteria for revision of operating permit
Sec. 2. The commissioner shall reopen and revise a permit issued
under the operating permit program of 42 U.S.C. 7661 through 7661f
before the expiration of the permit when any of the following
conditions exist:
(1) Additional federal requirements become applicable to a
source whose permit allows at least three (3) more years of
continued operation. However, a permit does not have to be
revised if the additional requirements will not become effective
until after the date the permit expires. A permit revision to
address additional requirements must be completed by the
commissioner not more than eighteen (18) months after the
adoption of the additional requirements.
(2) Additional requirements become applicable to the permitted
source under the acid rain program. Upon approval by the
United States Environmental Protection Agency, an excess
offset emissions plan is considered to be incorporated into the
permit.
(3) The commissioner or the United States Environmental
Protection Agency determines that:
(A) the permit contains a material mistake; or
(B) inaccurate statements were made in establishing the
Indiana Code 2016
emissions standards or other terms or conditions of the
permit.
(4) The commissioner or the Administrator of the United States
Environmental Protection Agency determines that the permit
must be revised or revoked to assure compliance with the
applicable 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 of
a permit may appeal the revocation or modification to the office of
environmental adjudication for an administrative review under
IC 4-21.5-3. Pending the decision resulting from the hearing under
IC 4-21.5-3 concerning the permit revocation or modification, the
permit remains in force. However, the commissioner may seek
injunctive relief with regard to the activity described in the permit
while 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 board; or
(2) is operating without a permit but has made a timely and
complete application for a permit under IC 13-17-8-10.
(b) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 as
part of the operating permit program established under 42 U.S.C.
7661 through 7661f providing that a facility may make changes
without a permit revision if the following conditions exist:
(1) The changes are not modifications under any provision of
Title I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended 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 written
notification at least seven (7) days before the proposed changes
are made. However, the board may adopt rules that provide a
different period for notifications that involve emergency
situations.
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012,
SEC.103.
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