Air permitting issues include a wide range of topics, from new projects to name changes, renewals to reports, permit fees to shutting down, and more. Following is information we have compiled on a number of common issues that may affect new applicants and permitted entities. If you need additional clarification or guidance on any air permitting topic, please contact the Office of Air Quality for assistance.
You may need an air permit if:
You are the owner or operator of a stationary or portable source of emissions of regulated air pollutants, including nitrogen oxides, particulate matter with a diameter less than 100 microns, sulfur oxides and other sulfur compounds, volatile organic compounds, nitrogen oxides, and hazardous air pollutants (air toxics). U.S. EPA provides information about types of air pollutants and a complete list of hazardous air pollutants.
Find the state’s rules:
The IDEM Office of Legal Counsel: Rulemaking page has a complete list of environmental regulations. Air permit rules are found in Title 326 of the Indiana Administrative Code (IAC).
Find permit application forms:
A complete list of air permit application forms is located on the IDEM Forms page. You can download the application forms in Microsoft Word or Adobe PDF. Permitting assistance is available.
Choosing the forms you need:
Most applicants will need to fill out the general application forms referred to as the "GSD" forms; however, there are special application forms for the Source Specific Operating Agreement (SSOA) (At a minimum, all applicants need to complete the application forms checklist, the application cover sheet, and the GSD-01, also found on IDEMs forms page. Applicants need to complete the remaining GSD forms if the project would change anything covered by that form. For example, a new source would need to complete nearly every GSD form since IDEM has no information about the facility, but for a modification, it's only necessary to provide information on the process being changed. In addition to the GSD forms, the applicant must complete the applicable process specific forms ("PI" forms) that are relevant to each emission source. You can download required forms from the IDEM Forms page.
There are also specific application forms that must be completed for new or modified Part 70 (Title V) sources.
Checking application status:
Contact OAQ to speak with your air permit writer or check application status online.
Permit expiration (life of an air permit):
Each Part 70 (Title V ) permit, initial FESOP, and initial MSOP, expires after 5 years. FESOP renewals and MSOP renewals can have 10 year terms. SSOAs and registrations are valid for the life of the source and do not require renewal.
For a Part 70 (Title V) permit or a Federally Enforceable State Operating Permit (FESOP), send in the application 9 months before the expiration date. For a Minor Source Operating Permit (MSOP), send in the application 90 days before the expiration date.
- Air Operating Permit Renewal Applications
Deadline for permit renewal:
For a Part 70 (Title V) permit or a Federally Enforceable State Operating Permit (FESOP), send in the renewal application nine months before the expiration date. For a Minor Source Operating Permit (MSOP), send in the application 90 days before the expiration date.
A permit is valid if:
If you have a Title V (Part 70) permit, a FESOP (Federally Enforceable State Operating Permit), an MSOP (Minor Source Operating Permit), a SSOA (Source Specific Operating Agreement), or a Registration that has not expired, that permit qualifies as a valid air operating permit. If you have submitted a renewal application nine months before the expiration date (for Title Vs/FESOPs) or 90 days before the expiration date (for MSOPs), you have a valid air operating permit. SSOAs and registrations do not expire.
The correct permit level for your source:
In most cases, the level of the air permit depends on the source's total potential to emit (PTE) of regulated air pollutants in tons per year and not on the type of operation or the Standard Industrial Classification (SIC) Code for the source (The U.S. Occupational Health and Safety Administration (OSHA) provides an SIC search). Based on the equipment capacity and other factors, the Office of Air Quality (OAQ) will estimate the PTE for your entire source, and then determine the level of your permit. To apply for any air permit, complete the relevant air permit application forms located on the IDEM Forms page.
Small sources (sources with low PTE) that are part of a few specific source categories may be eligible for a specialized permit such as the Source Specific Operating Agreement (SSOA) or the Asphalt Plant General FESOP.
Existing sources with records of actual emissions for the past twelve (12) consecutive months may apply for Permit by Rule, 326 IAC 2-10 or 326 IAC 2-11, and limit emissions to less than twenty percent (20%) of any major source threshold.
Fees for initial permits, modifications and amendments:
The filing and permit fees for permit activities are listed in 326 IAC 2-1.1-7 [PDF]. If an activity is not listed, then there is no associated filing or permit fee. Find a summary of timeframes and fees.
Processing times:
The maximum statutory processing times for the various permit level approvals are as listed in 326 IAC 2-1.1-8 [PDF]. The real time for processing may vary, depending on the completeness of the application packet and the complexity of the operation. The permit time clock may be longer than the real time processing time if the application is technically or administratively incomplete or if the nature of the project changes significantly after submission of the application. Once an application is received, it is assigned to a permit reviewer. If you have any questions or concerns about the timing of the permit issuance, please contact your permit reviewer.
Approval for new minor sources:
All new sources, unless they qualify for an exemption under 326 IAC 2-1.1-3 [PDF], need air permits prior to construction and operation. Please submit an appropriate application using required forms.
Emissions unit only operates a few months a year:
In general, the level of the air permit is based on the source's total potential to emit which assumes operation at full capacity for 24 hours a day, 365 days a year. If you estimate that your actual emissions and/or production rate are going to be much lower, you may qualify for a lower level of permit such as a Source Specific Operating Agreement (SSOA) or a Federally Enforceable State Operating Permit (FESOP).
Determining exempt status:
An emission source is exempt from air permitting requirements if all of the emission units at the facility are exempt, as listed in 326 IAC 2-1.1-3 [PDF], and the total potential to emit of all the emission units are below the thresholds listed in 326 IAC 2-1.1-3 [PDF].
Sources are not required to apply for an exemption; however, for a one-time fee of $100.00, you may apply for a letter of exemption, which will confirm your source's exempt status by completing and submitting the relevant air permit application forms located on the IDEM Forms page.
Before constructing, making changes and/or operating:
In most cases, if you want to construct or operate a new plant or make changes to an existing plant, you will need to wait for the air permit to be issued in order to construct and/or operate unless the new operation or the modifications to an existing operation qualify for an exemption under 326 IAC 2-1.1-3 [PDF]. Some exceptions to this include:
- You have a valid air operating permit and the modification to your existing source qualifies for an administrative amendment or notice only change under 326 IAC 2-6.1 [PDF], 326 IAC 2-7 [PDF], or 326 IAC 2-8 [PDF].
- You have a valid Source Specific Operating Agreement (SSOA), and after the modifications, your existing source is still going to qualify for the same SSOA.
Additionally, sources subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) under Part 63 of Title 40 of the Code of Federal Regulations (40 CFR 63) may need to obtain pre-construction approval before making a change that would be allowed under the federal standard.
Physical changes:
Unless the changes or modifications are by themselves exempt under 326 IAC 2-1.1-3 [PDF], you may need to apply for a source and/or permit modification. In some instances, you may qualify for an administrative amendment or notice-only change. If you have an MSOP, please review requirements at 326 IAC 2-6.1 [PDF]; for FESOPs, review 326 IAC 2-8 [PDF]; for Title V, review 326 IAC 2-7 [PDF]. To apply for any air permit, complete the relevant air permit application forms located on the IDEM Forms page.
Changing a name:
A name change with no other associated changes can be processed through an administrative amendment which does not carry any fee. Send a letter and the Air Permit Application Cover Sheet-50639 and GSD-01 (found on the IDEM Forms page) to OAQ notifying IDEM of the name change.
Avoiding major source requirements for changes to an existing source with an Minor Source Operating Permit (MSOP):
If you are planning to make additions to a facility, but do not want it to become a major source, you may opt to take a limit on your production and/or emissions which will let your facility qualify for a Federally Enforceable State Operating Permit (FESOP). To apply for any air permit, complete the relevant air permit application forms located on the IDEM Forms page.
Qualifying for a FESOP (Federally Enforceable State Operating Permit):
An emission source which qualifies as a major source under Part 70 rules and hence needs a Title V permit may voluntarily accept federally enforceable limits on air pollutant emissions to obtain a FESOP rather than the Title V permit.
Advantages and disadvantages of a FESOP (instead of a Part 70 (Title V) permit):
In general, a FESOP has lower annual fees, takes less time to process, and is less likely to be subject to requirements under federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP).
The disadvantages are:
- The Permittee is subject to limits on actual emissions and record keeping and reporting in order to demonstrate compliance with those limits; and
- Minor and significant modifications to a Part 70 permit (except for those that involve source modifications) do not have an application fee, whereas, minor and significant revisions to a FESOP (even those that do not involve significant source modifications) are subject to a base permit fee ranging from $793 to $5,556. Find additional information concerning Air Permit Timeframes and Fees.
Permit-By-Rule eligibility:
If a major source's actual emissions are equal to or less than 20% of major source thresholds, the source may qualify for a Permit by Rule (PBR). If the potential to emit of any pollutant is above the exemption level threshold, complete and submit an air permit application prior to construction.
If your source may become subject to a new MACT standard:
Maximum Achievable Control Technology (MACT) is required by Section 112(d) of the Clean Air Act. MACT requirements are codified in 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants (NESHAP). All of the latest information about Section 112(d) NESHAPs are located on the U.S. EPA Air Toxics site.
Find your reporting requirements:
You may need to submit annual reports, quarterly reports, and/or other reports and certifications. Please review the entire permit, with particular attention to subsections titled "Record Keeping and Reporting", and also look for customized Report Forms that are located in the last pages of your permit.
Usually, required reports are to be submitted by mail to OAQ’s Air Compliance and Enforcement Branch. Sometimes you are also required to send a copy to U.S. EPA, a local agency, or to a regional office of IDEM. NESHAP Initial Notifications should always be submitted to the IDEM’s.
Compliance Assurance Monitoring (CAM):
Major sources that require a Part 70 (Title V) permit are subject to Compliance Assurance Monitoring (CAM). For each emission unit and pollutant for which CAM is required by 40 CFR 64, submit the CAM form with the air permit application. The CAM form (FED-03) can be found on the IDEM Forms page under Office of Air Quality/Permits Branch/Air Toxics.
Annual Compliance Certification:
An Annual Compliance Certification form (included in the permit for the source) should be submitted to satisfy the annual certification requirements for Part 70 (Title V) sources under 326 IAC 2-7-6(5) and FESOP sources under 326 IAC 2-8-5(a)(1)(C). You are required to attach a signed certification from the permit to complete the annual compliance certification.
Emission statements:
For sources located in Lake and Porter Counties, you are required to submit an emission statement:
- If your source has actual emissions of 25 tons or more of NOx or VOC (for that year only).
- Once every year if your source is a Title V source and is permitted to emit more than 2,500 tons per year of CO, NOx, or SO2, or 250 tons per year of PM-10.
- Once every three years if your source is a Title V source and is permitted to emit less than 2,500 tons per year of CO, NOx, or SO2, or 250 tons per year of PM-10.
For all other sources, you are required to submit an emission statement:
- Once every year if your source is a Title V source and is permitted to emit more than 2,500 tons per year of CO, NOx, or SO2, or 250 tons per year of PM-10.
- Once every three years if your source is a Title V source and is permitted to emit less than 2,500 tons per year of CO, NOx, or SO2, or 250 tons per year of PM-10.
Shutting down a process or facility:
Send a signed letter to the Office of Air Quality Permits Branch and include the source ID, the latest air permit number, location of the facility, and date when the facility or process was shut down.
A revocation will be issued for facilities that have completely shut down. Sources may apply to have the reductions from these activities included in IDEM's voluntary air emission credit registry.
Ask questions about your permit:
Contact the permit reviewer for your air permit. If you are unable to contact your permit reviewer, or you would like to schedule a pre-application meeting, contact OAQ. If you have inquiries that are confidential in nature, want to discuss permitting options for various scenarios, need advice that is technical in nature, or need help choosing and filling out application forms, contact IDEM's Compliance and Technical Assistance Program for free and confidential assistance.