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Indiana Department of Environmental Management

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Table of Contents: Air Quality

Air Permitting Programs

All new sources, unless they qualify for an exemption under the Indiana Administrative Code (326 IAC 2-1.1-3), need some level of air permit prior to construction and operation. In most cases, IDEM has combined the construction and operating permit programs and will issue a permit document that serves as both the construction and operating permit.

Following is information about various permits, followed by a chart with timelines and public notice requirements at the end of the section. IDEM encourages Permittees to have a pre-application meeting with IDEM. To schedule a meeting or request assistance concerning any of IDEM’s Air Permitting Programs, contact IDEM’s Permit Reviewer of the Day at (800) 451-6027, ext. 3-0178, or (317) 233-0178, or send an e-mail to "oamprod at idem.IN.gov".  To find basic application forms online, visit IDEM’s Air Permit Application Web page on its Air Permits Web site. For pending applications, you may also direct questions to your permit reviewer.

Letter of Exemption

Construction and Operation of Sources that are Exempt from Permitting Requirements

An emission source is exempt from air permitting requirements if all of the emission units at the facility are exempt, as listed under 326 IAC 2-1.1-3, and the total potential to emit of all the emission units are below the thresholds listed under Title 326, Article 2, Rule 1.1-3 of the Indiana Administrative Code (326 IAC 2-1.1-3), and the total potential to emit of all the emission units are below the thresholds listed in 326 IAC 2-1.1-3. The minimum thresholds for all the pollutants listed are outlined in the registration thresholds table below. A source that submits an application that demonstrates to IDEM, or from which IDEM may determine, that the potential to emit of the source is below all the registration thresholds will be provided with a Letter of Exemption from IDEM. This is a voluntary decision on the part of the facility to apply for the Letter of Exemption. An exempt source can construct and operate without IDEM approval. The Letter of Exemption from IDEM verifies that there are no construction conditions to be met, so long as the source does not engage in further construction to expand its PTE above registration levels or beyond. The source may be subject to applicable regulations, and IDEM includes those regulations in the Letter of Exemption, as a service.

To view 326 IAC 2-1.1-3, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2. 

Modifications/Changes at Exempt Sources

If changes made at a facility are substantial enough to increase the source’s potential to emit any regulated pollutant(s), it should register or obtain the proper construction and operating permit.

Registration

Construction and Operation of Sources Requiring a Registration

The Registrations Thresholds Table (below) displays the range of PTE thresholds for a Registration. Sources whose PTE is equal to or greater than the minimum threshold (middle column) of any one of the pollutants listed in the table, but also less than the maximum threshold (right-hand column) for all of the pollutants listed in the table must obtain a Registration from IDEM.

Modifications/Changes at Registered Facilities

When registered sources make changes, they may be exempt from additional operating requirements, they may only be required to submit notice only changes to IDEM, or they may be required to submit an application for a registration modification concerning the proposed change prior to making it.

Anything on the list of exemptions under 326 IAC 2-1.1-3 is exempt, as long as the new total source PTE does not trigger the source to need a higher level permit. Exempt changes can be made with no notice to the public or IDEM. However, if the Permittee wishes IDEM to review the change and agree, the Permittee will need to submit an application.

Permittees are only required to notify IDEM of notice only changes within any registered source proposing to make a change or modification that is not described under Modification Exemptions at Registered Sources or a Notice-Only Change to a Registered Source must submit an application concerning the proposed change or modification prior to making the change or modification. In addition to including all relevant administrative information, a construction schedule, and information regarding the emission unit(s) and any emission control equipment comprising the source, the applicant also must identify any new applicable requirements to which the source will be subject to as a result of the changes, including emission limits and monitoring and record keeping requirements as appropriate.

To view 326 IAC 2-1.1-3 Exemptions, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2. 

MSOP and FESOP

IDEM will issue a permit document that serves as both the construction and operating permit. Operating permits include: the Minor Source Operating Permit (MSOP), the Federally Enforceable State Operating Permit (FESOP) or the Title V Operating Permit. Details on the applicability of each are provided in the Indiana Administrative Code at 326 IAC 2-6.1-6, 326 IAC 2-8-10 and 326 IAC 2-8-11.1. To find the rules, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2. 

Modifications at MSOP and FESOPs

MSOPs and FESOPs can be modified by a NOC or notice of change (MSOP), AA or administrative amendment (FESOP), minor permit revision, or significant permit revision. One can review the applicability of each at 326 IAC 2-6.1-6, 326 IAC 2-8-10, and 326 IAC 2-8-11.1.

Title V Permitting Program

Title V of the 1990 Clean Air Act Amendments requires all major sources and some smaller sources of air pollution to obtain an operating permit. A Title V permit grants a source permission to operate. The permit includes all air pollution requirements that apply to the source, including emissions limits and monitoring, record keeping, and reporting requirements. It also requires that the source report its compliance with permit conditions to IDEM.

Title V Operating Permit

Title V of the 1990 Clean Air Act Amendments requires all major sources and some smaller sources of air pollution to obtain an operating permit. A Title V permit grants a source permission to operate. These permits are often called part 70 permits because the regulations that establish minimum standards for state permit programs are found in Title 40, part 70 of Code of Federal Regulations (40 CFR 70). The Title V permit includes all air pollution requirements that apply to the source, including emissions limits and monitoring, record keeping, and reporting requirements. It also requires that the source report its compliance with permit conditions to IDEM.

To view Title 40 of the Code of Federal Regulations (40 CFR), visit the U.S. EPA Web site for Laws, Regulations, Guidance and Dockets

Modifications at Title V Source and to Title V Permits

Title V is the only air permit program that requires two separate approvals for a single change. The construction approval is a source modification. The operation approval is a permit modification. IDEM will process them together. Some of the permit modifications will need to go to U.S. EPA for review. Therefore, IDEM may issue the source modification first.

Title V sources can have minor and significant modifications. Title V permits can have AAs (administrative amendments), minor modifications, and significant modifications.

Regulatory details are provided in the Indiana Administrative Code at 326 IAC 2-7-10.5, 326 IAC 2-7-11, and 326 IAC 2-7-12. To find the rules, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2. 

Registrations Thresholds Table

Registration Thresholds Table
Pollutants Minimum Threshold
(Potential to Emit Equal to, or greater than) in Tons/Year
Maximum Threshold
(But less than) in Tons/Year
(VOCs) Volatile Organic Compounds for sources not required to use air pollution control equipment to comply with the VOC emission rules 10 25
(VOCs) Volatile Organic Compounds for sources that are required to use air pollution control equipment to comply with the VOC emission rules 5 25
(NOX)
Nitrogen dioxide and oxides of nitrogen
10 25
(CO)
Carbon monoxide
25 100
(SO2)
Sulfur dioxide
10 25
Particulate Matter 5 25
(PM-10)
Particulate matter less than 10 microns
5 25
Lead 0.2 (400 pounds) 5
Fluorides 5 25
Hydrogen Sulfide 5 25
Total Reduced Sulfur 5 25
Reduced Sulfur Compounds 5 25

Title V Thresholds for Major Sources

Type of Pollutant Title V (Major Source)
potential to emit Threshold (in Tons Per Year)
Volatile organic compounds (VOCs)
(Related to ozone formation)
100 TPY
25 TPY in severe nonattainment areas
Nitrogen dioxide and oxides of nitrogen (NOX)
(Related to ozone formation)
100 TPY
Sulfur dioxide 100 TPY
Carbon monoxide 100 TPY
PM-10 (Particulate matter smaller than 10 microns) 100 TPY
PM-2.5 (Particulate matter smaller than 2.5 microns) 100 TPY
Lead 100 TPY
A single hazardous air pollutant (HAP) 10 TPY
A combination of HAPs 25 TPY
Greenhouse Gases (GHGs) 100,000 TPY as CO2 equivalents (CO2e)

Note: Secondary Lead Smelters are required to have a Title V permit by 40 CFR 63 Subpart X.

Source Specific Operating Agreements (SSOAs)

IDEM has a Source Specific Operating Agreements (SSOAs) program under which specific types of activities may operate, provided they accept the pre-established terms of the SSOA "as is." A source may operate under more than one SSOA, up to four, or under a SSOA and some other type of operating permit as long as the total potential to emit for any regulated pollutant does not exceed major source levels.

A construction permit may not be required for facilities that seek a SSOA. Those limiting emissions below 25 tons per year would fall below the threshold requiring a new construction permit under New Source Review requirements.

The annual "actual emission" limits of SSOAs range from equal to or less than 2 tons per year for the Surface Coatings or Graphic Arts in Lake or Porter County SSOA to the equal to or less than 100 TPY limit for large Sand and Gravel or for Coal Mine or Coal Preparation SSOAs.

Except for coal mining and some stone crushing facilities, SSOAs do not have an annual fee, but must file an annual Compliance Certification. SSOAs also do not need to be renewed so long as the source complies with the operational limits in the agreement.

Source Specific Operating Agreement (SSOA) application forms need to be completed if the applicant elects to comply with the SSOA rules codified in the Indiana Administrative Code at  326 IAC 2-9. To review 326 IAC 2-9, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2. 

Permit-by-Rule Operating Permit

A Permit-by-Rule under 326 IAC 2-10 does not exempt the source from needing a construction permit. A new source wishing to be Permit-by-Rule under 326 IAC 2-10 must first get a construction and operating permit.

Permit-by-Rules under 326 IAC 2-11 do not need a construction permit. Permit-by-Rules under 326 IAC 2-11 contain specific throughput limits to limit PTE. Currently, there are Permit-by-Rules under 326 IAC 2-11 for grain elevators, grain mills, and gasoline stations.

To review 326 IAC 2-11 and regulatory details on Permit-by-Rule, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2.

Permit-by-Rule is an operating permit program for sources that have obtained the proper construction permit from IDEM.

Operating under the Permit-by-Rule program

Provided the appropriate construction and operating permit requirements have been met, sources whose actual emissions (not PTE) are less than 20 percent of any major permitting thresholds without the use of pollution control devices may operate under the Permit-by-Rule program. For example, the Permit-by-Rule operating program would apply to sources located within an attainment area that have actual emissions less than 20 tons per year (TPY) of carbon monoxide, oxides of nitrogen (NOX), sulfur dioxide (SO2), volatile organic compounds (VOCs), or particulate matter smaller than 10 microns (PM-10), less than 2 TPY of lead or any other single hazardous air pollutant (HAP), or 5 TPY of a combination of HAPs.

In nonattainment areas, a source must have actual emissions that are less than 20 percent of the area-specific threshold in order to participate in the Permit-by-Rule program. For example, for Lake or Porter counties, where 25 TPY is the major source threshold for VOCs, only sources with actual VOC emissions less than 5 TPY would qualify to participate.

Eligible sources wishing to operate under the Permit-by-Rule must first request that IDEM revoke their current operating permit.

A source that would no longer be eligible to participate in the Permit-by-Rule operating permit program, would need to seek coverage under the proper construction and operating permit programs.

To review 326 IAC 2-10 and 326 IAC 2-11, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2.

Special Permits

Interim Construction Permits

Interim Construction Permits allow the applicant, under limited circumstances, to commence, at their own risk, the construction or modification of a new emissions unit or control device at an existing source while the permit revision application is being reviewed. Interim approvals are subject to the requirements of 326 IAC 2-13-1. For regulatory details, visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2.

A $625 filing fee is assessed.

IDEM is allotted varying amounts of time to act on approval requests:

  • Seventeen days after the publication of the public notice if no comments are submitted within the public comment period; or
  • Thirty-one (31) days after the publication of the public notice if comments are submitted within the public comment period; or,
  • Nineteen days after the receipt of the petition for the interim, ranging from 17 to 31 days, depending on whether comments are received and whether it is a minor or significant modification, whichever is the later date of the above.

Interim approvals are automatic if IDEM does not issue a decision. However, interim approval expires on the effective date of the final permit modification/revision approval or denial.

For details and to download application forms, visit IDEM’s Web page for Interim Approval Information.

Applicability

The interim petition is applicable to proposed modification/revision to an existing source operating under valid operating permit(s) and located in an attainment area for the pollutants of concern. An emitter of VOC could not get an interim in an ozone nonattainment area. A source that emitted PM-10 and no VOC could get an interim in a ozone nonattainment area (assuming the area is attainment for PM-10).

Non-eligible Projects

Modifications/revisions ineligible for the interim petition program include: construction of a new major PSD facility or major PSD modification to an existing source; construction in nonattainment areas that would emit those pollutants for which the nonattainment designation is based; or, construction of a totally new plant, or any modification that is subject to 326 IAC-4.1.

Portable Sources

Portable sources are stationary sources that can be "easily" relocated. Portable sources emit while sitting in one place and do not emit while in transit. Examples are concrete batch mixer plants or asphalt plants.

Permittees may request that their permit be a "portable" permit. This will allow the Permittee to use the same permit throughout the state. Portable sources, must obtain approval prior to relocation.

Since the permit will be valid in various locations throughout the state, the permit must contain all applicable requirements for any of the locations the Permittee wishes to move the source. Certain areas (normally the nonattainment areas) have more stringent requirements. Permittees may agree to not be allowed to move to certain areas and not have those areas' requirements in the permit. A current common example is Lake county.

One might think that "mobile" sources and "portable" sources are the same thing. This is not true (as far as Air Permitting is concerned). Mobile sources are cars, trucks, buses, etc. They are sources that emit as they move. Currently, IDEM does not issue permits to mobile sources.

Permit Application

Preparing your Permit Application

A complete application will contain all the information necessary to determine permit level (normally PTE) and all rule applicability (including why a rule may not be subject).

Submission of Confidential Records

All information submitted to IDEM will be made available to the public unless it is submitted under a claim of confidentiality. Claim of confidentiality must be made at the time the information is submitted to IDEM. Failure to follow requirements will result in your confidential information becoming a public record and being made available for public inspection. For more information, visit IDEM’s Web page for Confidential Business Information and Trade Secrets and refer to the regulations found in the Indiana Administrative Code at 326 IAC 17.1-4-1 (visit the Web page for the Indiana Administrative Code on the Indiana General Assembly’s Web site, scroll down and click on the link for Title 326, and then click on Article 2).

Submitting your Permit Application

Always send one (1) original application packet and two (2) copies of the application packet directly to IDEM Air Permits Administration. Please do not send your application to any other offices or individuals at IDEM, as this will delay receipt and processing of your application. The mailing address for your application is:

IDEM Air Permits Administration
ATTN: Incoming Application
100 North Senate Avenue
MC 61-53, IGCN 1003
Indianapolis, IN 46204-2251

Local Library

You may need to send one (1) copy of the application to your local library if the permitting action is subject to the public notification provisions in 326 IAC 2-1.1-6. Refer to Part H of the GSD-01 form (now available on the IDEM Forms page) for additional information about this requirement.

Fees

Unless you are submitting an interim application, please do not submit any fees with your application. IDEM will send a bill to collect the filing fee and any other applicable fees as needed. Fee processing in this manner will not delay initial processing of your permit application.

If you have questions regarding application fees, please contact us at (317) 233-0178 or 1-800-451-6027 extension 3-0178 (toll free call within Indiana) and ask to speak to the Air Permits Administration Section Supervisor.

Permit renewals

For Title V Operating Permits and Federally Enforceable State Operating Permits (FESOPs), send in the application 9 months before the expiration date. For a Minor Source Operating Permit (MSOP), send in the application 120 days before the expiration date. For more information, visit IDEM’s Air Operating Permit Renewal Web page.

This chart provides information about permitting timeframes:

Permitting Timeframes and Fees
Permit Type & Subtype Statutory Deadline Public Notice Proposed to
U.S. EPA
Base Application
Fees
Title V Program
New Source Minor PSD 120 days Yes Yes $4,375
New Source Major PSD 270 days Yes Yes $7,500
Significant Source Modification Minor PSD 120 days Yes No $4,375
Significant Source Modification Major PSD 270 days Yes No $7,500
Minor Source Modification 45 days No No $625
Significant Permit Modification 270 days Yes Yes none
Minor Permit Modification 90 days Yes Yes none
Administrative Amendment 60 days No No none
Title V EUSGU Notification NA No No none
Renewal 270 days Yes Yes none
Renewal with New Equipment Minor PSD 120 days Yes Yes $4,375
Renewal with New Equipment Major PSD 270 days Yes Yes $7,500
Title V Relocation 30 days No No none
Interim NA No No $625
FESOP Program
New Source FESOP Minor PSD 120 days Yes No $4,375
New Source FESOP Major PSD 270 days Yes Yes $7,500
Significant Permit Revision Minor PSD 120 days Yes No $4,375
Significant Permit Revision Major PSD 270 days Yes Yes $7,500
Minor Permit Revision 45 days No No $625
Administrative Amendment 60 days No No none
General Permit 120 days No No $625
Renewal 270 days Yes No none
Renewal with New Equipment 120 days Yes No $4,375
FESOP Relocation 30 days No No none
Interim NA No No $625
MSOP Program
MSOP NA Yes No $100
New Construction MSOP Minor PSD 120 days Yes No $3,500
New Construction MSOP Major PSD 270 days Yes Yes $6,000
Significant Permit Revision Minor PSD 120 days Yes No $3,500
Significant Permit Revision Major PSD 270 days Yes Yes $6,000
Minor Permit Revision 45 days No No $600
Notice-Only Change 30 days No No none
Renewal NA Yes No $100
Renewal with New Equipment 120 days Yes No $3,500
MSOP Relocation 30 days No No $100
Interim NA No No $500
Registration/Exemption
Registration 60 days No No $600
Registration Revision 45 days No No $100
Registration Notice-Only Change 30 days No No none
Exemption 60 days No No $100
SSOA Program
SSOA 60 days No No $625
SSOA New Source Review 120 days Yes No $4,375
SSOA Relocation 30 days No No $125
Acid Rain Program
Acid Rain Permit NA Yes Yes none
Acid Rain Modification NA Yes Yes none
Acid Rain Administrative Amendment NA No No none
Acid Rain Renewal NA Yes Yes none
Transition *
From Title V to FESOP 120 days Yes No $1,250
From Title V to SSOA 90 days No No $625
From FESOP to TV 120 days or 15 days after EPA review ends, whichever is later Yes Yes None
From FESOP to SSOA 60 days No No $625
All other transitions Use the information for the permit type/subtype being transitioned to.
Other Approvals
Revocation - any Type NA No No none
Permit-by-Rule NA No No none
Other Application Fees
  TV/FESOP/SSOA All Other Approvals
Public hearing $625 $500
For each NSPS Review $625 $500
For each NESHAP Review $625 $500
For each 326 IAC 8-1-6 BACT Review $750 $600
PSD BACT or LAER Review
2 to 5 review Analyses $3,750 $3,000
6 to 10 Review Analyses $7,500 $6,000
11 or more Review Analyses $12,500 $10,000
Air Quality Impact Study Review
If applicant does analysis $4,375 $3,500
Per pollutant If OAQ does analysis $7,500 $6,000
PAL
Fee per ton of allowable emissions per PAL pollutant $50 $40
Maximum combined for all PAL pollutants $50,000 $40,000

* A transition is a move from one permit type to another, based solely on a Permittee's choosing. A transition does not include physical and operational change, modification, or new construction. If a Permittee plans physical and operational change, modification, or new construction that requires a different level of permit, IDEM will issue a New Source Review/Construction Permit of the new Permit level. The deadline, Public Notice, proposal to U.S. EPA, and base fee are all determined by the New Source Review/Construction Permit.