There are several ways to stay informed and participate in permit decisions for a specific facility or for air permitting activities in a specific county:
- Ask IDEM’s Office of Air Quality (OAQ) to place you on the Interested Parties Mailing List, which is a list of people who have requested notification of permitting actions. You can ask to be notified about one or more sources or one or more counties. Permit actions include receipt of a permit application, public notification of a draft permit, a public meeting or hearing that is scheduled, and notification of IDEM’s final decision.
- Monitor the Public Notices webpage for information by region about permitting, rulemaking, meeting, and hearing notices. Public notices for draft permits include information about submitting comments, requesting a public hearing, and any scheduled public hearings. You can subscribe to regional Public Notice webpages to receive e-mails or text messages when IDEM adds new information.
- Monitor or subscribe to IDEM’s News and Events Calendar for times and locations of informational public meetings that do not require a public notice.
- Submit comments:
- The time period for submitting formal written comments to OAQ is usually 30 days. Time periods are stated on the Public Notice webpage and in the public notices.
- Public hearings are formal proceedings that provide the public with an opportunity to speak on the record (referred to as oral testimony) in addition to submitting written comments. OAQ uses discretion granted in regulations when determining whether to schedule a public hearing. A public hearing may be appropriate, particularly when there is significant public interest in a draft permit. If a public hearing is held, the public comment period may be extended. OAQ does not respond to comments during the formal public hearing. In some cases, OAQ may hold an informational public meeting before a public hearing, or instead of a public hearing, to explain the permitting process and answer citizens' questions in an informal public setting. Note: when public hearings or informational meetings are held, every effort is made to schedule them at a convenient time and location for affected residents.
- U.S. EPA has authority to comment on and formally object to certain Part 70 Operating Permits (also referred to as Title V Operating Permits) issued by OAQ. The public may participate in U.S. EPA’s permitting process and petition U.S. EPA to object to a permit. U.S. EPA provides information about participating in the Title V permitting process and submitting Title V petitions.
- OAQ provides a formal response to comments with its final decisions. Comments that are most likely to affect an air permit decision are those that concern air emission requirements that apply to the source, the wording of permit conditions, air quality issues, technical issues, and Indiana’s rules for the air permitting process. OAQ does not have authority to address certain issues.
- Following the end of a public comment period for a draft permit, IDEM will issue a Notice of Decision stating whether the permit has been issued or denied. If you have submitted comments about a draft permit or have asked to be added to the mailing list, you will receive a Notice of Decision.
Administrative Appeals (Petition for Administrative Review)
Final permit decisions may be appealed by any person who is aggrieved by, or disagrees with, the final action. The Indiana Office of Administrative Law Proceedings (OALP) handles appeals relating to IDEM decisions and provides a Guide to IDEM Administrative Appeals on its website. An OAQ Notice of Decision includes instructions and a timeframe for submitting a petition.
Title V Petition to Object
U.S. EPA has the authority to object to certain Part 70 Operating Permits (also referred to as Title V Operating Permits) issued by OAQ. If you believe that a Title V permit issued by OAQ does not comply with the federal Clean Air Act or U.S. EPA Title V regulations, you may petition U.S. EPA to object to the permit. The time period to submit a Title V petition to U.S. EPA starts when OAQ proposes a permit to U.S. EPA. U.S. EPA provides information about submitting Title V petitions.
Citizens' Guide to IDEM
The Citizens’ Guide to IDEM contains additional information about public participation and processes for environmental permits, cleanups, reports, plans and rules.