AIR POLLUTION CONTROL BOARD
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
POLICY NUMBER: Air 033 NPD
SUBJECT: Air Permit Applications: Notices of Deficiency and Placing Applications on Hold
AUTHORIZED: Thomas W. Easterly, Commissioner
ISSUING OFFICE(S): Office of Air Quality Permits Branch
ORIGINALLY EFFECTIVE: Presented to the Air Pollution Control Board October 1, 2008. Effective October 31, 2008.
Disclaimer: This Nonrule Policy Document (NPD) is intended solely as guidance and does not have the effect of law or represent formal Indiana Department of Environmental Management (IDEM) decisions or final actions. This NPD shall be used in conjunction with applicable laws. It does not replace applicable laws, and, if it conflicts with these laws, the laws shall control. This NPD may be put into effect by IDEM 30 days after presentation to the appropriate state environmental board. Under IC 13-14-1-11.5, this policy will be available for public inspection for at least 45 days prior to presentation to the appropriate board. If the nonrule policy is presented to more than one state environmental board, it will be effective 30 days after presentation to the last. IDEM will submit the policy to the Indiana Register for publication. Revisions to the policy will follow the same procedure of presentation to the state environmental board and publication.
This policy provides for the consistent use of a notice of deficiency and for placing an air permit application on hold.
This policy applies to all air permit applications.
This policy establishes the procedure for issuing a notice of deficiency, for denying an air permit application when an applicant makes no response, refuses to make a response or makes incomplete responses, and for responding to applicant requests to place an air permit application on hold.
4.1. "Air permit application" – An application for an air pollution control permit.
4.2. "Applicant" – The air pollution source that has filed an air permit application.
4.3. "Assistant commissioner" – An assistant commissioner in the Indiana Department of Environmental Management.
4.4. "Branch chief" – A second-level agency supervisor responsible for managing section chiefs and nonsupervisory agency staff.
4.5. "Data" – The information that should be contained in an air permit application.
4.6. "Days" - Calendar days including weekends and holidays.
4.7. "Deny" – The act of refusing to grant or issue a request or application.
4.8. "Incomplete response" – An applicant's reply to a notice of deficiency that does not contain the requested information.
4.9. "Indiana Administrative Code (IAC)" - A collection of the rules of various state of Indiana boards and agencies. The rules of the Air Pollution Control Board (APCB) are located at Title 326 of the IAC.
4.10. "Issue" – To send under signature.
4.11. "Notice of deficiency (NOD)" – A written statement, either electronic or in hard copy, listing information required to continue processing an air permit application.
4.12. "On hold or hold" – The status of an air permit application when, at the request of the applicant, it is not being processed.
4.13. "Permit application" – An application for an air pollution control permit.
4.14. "Permit writer" – The person in the Permits Branch who reviews the air permit application and writes the air pollution control permit.
4.15. "Permits Branch" – A branch of the Office of Air Quality that reviews and makes decisions regarding air permit applications.
4.16. "Recommendation" – A writing suggesting a course of action prepared by a permit writer.
4.17. "Reminder" – A written statement, either electronic or in hard copy, giving a second notice regarding information required to continue processing an air permit application.
4.18. "Response" – An applicant's reply to a notice of deficiency.
4.19. "Section chief" – The front line manager who functions as the supervisor for a permit writer.
4.20. "Send" – Communicate, either electronically or in hard copy.
5.1. The permit writer shall:
A. Determine whether the air permit application contains the data necessary to process the application.
B. For any air permit application:
1. If the air permit application does not contain all the data required to process the application, identify the missing data, notify the applicant that they will be receiving a Notice of Deficiency (NOD) that lists the missing data and that they will have 60 days in which to send the requested data to the permit writer. Draft the NOD and send it to the applicant.
2. If the permit writer does not receive the requested data within 30 days of sending the NOD, send the applicant a reminder listing the missing data and the deadline for receipt of the requested data.
3. If the applicant does not respond to the NOD within 60 days, draft a recommendation and permit application denial, then forward the recommendation and permit application denial to the section chief for approval or direction.
4. If the applicant provides an incomplete response to the initial NOD, identify the missing data and notify the applicant that they will have an additional 30 days to submit the missing data. If the applicant does not submit the missing data within the additional 30 days draft a recommendation and permit application denial, then forward the recommendation and permit application denial to the section chief for approval or direction.
C. If an applicant who has received a NOD requests that an air permit application be placed on hold, forward the request and a recommendation to the section chief for approval or direction.
5.2. The section chief shall:
A. Ensure that the permit writer has made a reasonable attempt to contact the applicant to obtain all missing data.
B. For any air permit application:
1. Pursuant to 5.1B3, if the applicant refuses to provide data requested in a NOD within 60 days of receipt of the NOD, the section chief shall recommend denial of the air permit application. Forward the recommendation and air permit application denial to the branch chief for approval or direction.
2. Pursuant to 5.1B3 and 5.1B4, if the applicant provides an incomplete response to a NOD or the applicant has not provided the requested data within 90 days of receipt of the initial NOD, the section chief shall recommend denial of an air permit application based on an incomplete response to a NOD. Forward the recommendation and permit application denial to the branch chief for approval or direction.
C. Review a permit writer's recommendation to approve or deny placing an air permit application on hold. Forward the permit writer's recommendation to the branch chief for approval or direction.
D. Review a permit writer's subsequent recommendation to approve or deny placing an air permit application on hold for more than 30 days. Forward the permit writer's recommendation to the branch chief for approval or direction.
E. Review a permit writer's request and recommendation to approve or deny placing an air permit application on hold for more than 30 days. Forward the permit writer's recommendation to the branch chief for approval or direction.
5.3. The branch chief shall:
A. Ensure that the permit writer has made a reasonable attempt to contact the applicant to obtain all missing data from the applicant necessary to write the permit.
B. Ensure that the section chief has appropriately processed the request or recommendation per this nonrule policy document.
C. Review a recommendation to:
1. deny an air permit application;
2. deny or approve a request to place an air permit application on hold;
3. deny or approve a subsequent request to place an air permit application on hold; or
4. deny or approve a request to place an air permit application on hold for more than 30 days.
D. Approve the following:
1. a request to place an air permit application on hold;
2. a subsequent request to place an air permit application on hold; or
3. a request to place an air permit application on hold for more than 30 days.
E. Forward a proposed air permit application denial or a hold request denial to the assistant commissioner with a request for authorization to approve or direction.
F. Issue an air permit application denial or a hold request denial following authorization by the assistant commissioner.
5.4. The assistant commissioner shall:
A. Review the recommendations of the section chief and branch chief to deny an application and either authorize the branch chief to issue the air permit application denial or provide direction to the permit writer.
B. Review the recommendations of the section chief and branch chief to deny placing an air permit application on hold and either authorize the branch chief to deny the hold request or provide direction to the permit writer.
6.1. The permit writer shall send a NOD to the applicant when an air permit application does not contain sufficient data to process the air permit application.
6.2. If the applicant does not respond to the NOD within 30 days of sending the NOD, the permit writer shall send a reminder to the applicant listing the missing data and the deadline for receipt of the requested data.
6.3. If the applicant does not respond to the NOD within 60 days, the permit writer shall draft a recommendation and a denial of the air permit application and forward to the section chief for approval or direction.
6.4. If the applicant makes an incomplete response, the permit writer shall identify the missing data and notify the applicant that they have an additional 30 days in which to submit the requested data. If the applicant does not submit the requested data within the additional 30 days, the permit writer shall draft a recommendation and a denial of the permit application and forward to the section chief for approval or direction.
6.5. The section chief shall forward to the branch chief for approval or direction a recommendation to deny an air permit application or a request to deny placing an air permit application on hold.
6.6. The branch chief shall consult with the assistant commissioner before approving a recommendation to deny an air permit application or to deny a request to place an air permit application on hold.
6.7. Typically, an air permit application should not be placed on hold for more than 30 days.
6.8. Typically, an air permit application should not be placed on hold more than once.
6.9. The assistant commissioner shall approve a recommendation to deny an air permit application; the branch chief shall issue the air permit application denial consistent with the assistant commissioner's direction.
6.10. The assistant commissioner shall approve a request to deny placing an air permit application on hold; the branch chief shall approve a request to deny placing an air permit application on hold or deny an air permit application consistent with the assistant commissioner's direction.
7.1. Indiana Code 13-14-1-11.5 Duties of department: policy statements
7.2. Indiana Code 13-15-4-9 Denial of applications
7.3. 326 Indiana Administrative Code (IAC) 2-1.1-8(j) Time periods for determination on permit applications: Denial of incomplete application
7.9. Agency Policy:
A. Nonrule Policy Document Development and Approval, May 15, 2007
| |
| __________________________________ | ___________________ |
| Thomas W. Easterly, Commissioner | Date |
| Indiana Department of Environmental Management | |
| __________________________________ | ___________________ |
| Daniel C. Murray, Assistant Commissioner | Date |
| Office of Air Quality | |
| | |
| __________________________________ | ___________________ |
| Robert B. Keene, Assistant Commissioner | Date |
| Office of Legal Counsel | |
| | |
| This policy is consistent with Agency requirements. | |
| __________________________________ | ___________________ |
| Quality Assurance Program, Planning and Assessment | Date |
| Indiana Department of Environmental Management | |
Posted: 11/05/2008 by Legislative Services Agency
DIN: 20081105-IR-326080827NRA
Composed: May 03,2024 5:51:48AM EDT
A
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