In the Federal Register Notice 88 FR 47029 dated July 21, 2023, U.S. EPA finalized the removal of the "emergency" affirmative defense provisions from Clean Air Act operating permit program regulations effective August 21, 2023.
A rulemaking to amend the Indiana rules at 326 IAC 2-7 (Part 70 Permit Program), 326 IAC 2-8 (Federally Enforceable State Operating Permit Program), and 326 IAC 1-6-1 (Malfunctions) will be effective June 21, 2025, making them consistent with federal regulations.
Upon the effective date of these rule amendments, IDEM OAQ will begin a campaign to reopen (as necessary) existing Part 70 and FESOP permits to remove the emergency affirmative defense provisions and to add provisions related to malfunctions. Due to the number of existing Part 70 and FESOP permits that will be reopended, it may take IDEM OAQ several years to complete this reopening campaign. For any permit that is reopened, IDEM OAQ staff will contact the source to confirm the current contact person and mailing address. IDEM OAQ will notify the current contact person after the reopened permit has been amended.
A source is not required to submit an application in order for IDEM OAQ to reopen its permit to remove the emergency affirmative defense provisions and to add provisions related to malfunctions.
This permit reopening campaign does not apply to source(s) with a Minor Source Operating Permit (MSOP), Source Specific Operating Agreement (SSOA), Registration, Exemption, or Permit By Rule (PBR).
Further Assistance
If you have any questions regarding the information on this webpage, you may contact the IDEM OAQ section chief listed on your permit cover page. For questions regarding compliance with applicable federal and state rules, you may contact the IDEM OAQ compliance inspector assigned to your source.