Common Questions - Interim Approvals

IDEM offers the following information in response to common topics of interest and questions concerning interim approvals:

Who May Petition for an Interim Approval

The following persons/sources may petition for an interim (but not to operate) approval for a modification that can be shown to not constitute a major PSD source or modification:

1. any person who operates an existing source, and
2. any person who has a valid air operating permit

If the source is located in a nonattainment area, an interim petition may be submitted as long as the potential to emit of the pollutant on which the nonattainment designation based is less than the level that would require a permit revision or modification for that pollutant.

The Petition Process

The petition process is identical for both an interim minor permit revision or minor source modification and an interim significant permit revision or significant source modification.

• Likewise, the forms to be completed, the submission procedure and the fees are the same as those for a significant permit revision or significant source modification.
• The only difference is that a minor permit revision or minor source modification does not have a 14-day public notice period.
• The interim minor permit revision or minor source modification will be approved or denied within 19 days after the receipt of the petition for the interim.

What to Include with a Petition

1. The written petition (completed, signed and dated). Verbal request is not sufficient.
2. A completed and signed Public Notice (this is not necessary for a minor permit revision or a minor source modification).
3. A signed, dated, and notarized Affidavit of Construction.
4. Completed Interim Petition Checklist.
5. A non-refundable filing and review fee:
   • Title V: $793
   • FESOP: $793
   • SSOA: $793
   • MSOP: $500

Steps in the Process and Expected Timeframes for IDEM Action

1. The applicant submits the interim petition to OAQ. On the date that interim petition has been received by OAQ, it is be stamped received by the OAQ.
2. The applicant places a copy of the interim petition at a public library in the county where the source is located (preferably at the local public library nearest to the source in the county where the source is located).
3. The applicant publishes a public notice in the newspaper of largest circulation where the source is located noting that there is a fourteen (14) calendar period for interested parties to provide comments.
4. The applicant submits to OAQ the newspaper proof of publication related to the public notice.
5. Timeframes for IDEM Action:
   • If no public comments are received during the comment period, the interim decision (either approval or denial) will be made by the 17th day after the publication of the public notice or the 19th day after receipt of the petition for the interim, whichever is the later date.
   • If public comments are received, OAQ will evaluate, answer the comments, and make a decision (either approval or denial) within 31 days after the publication of the public notice or within 19 days after the receipt of the petition for the interim, whichever is the later date.
   • OAQ will issue or deny the interim minor permit revision or minor source modification within nineteen (19) days of the receipt of the petition.
   • The interim minor permit revision or minor source modification approval or denial is in effect on the issuance date of the decision.
6. If OAQ’s decision is denial of the petition:
   • OAQ will inform (by letter) the applicant that the petition has been denied, stating in the letter the reason(s) for the denial.

Note: The interim minor permit revision or minor source modification is automatically in effect if no decision has been made by OAQ after the 19th working day after the stamped receipt date of the interim petition.

The interim significant permit revision or significant source modification is automatically in effect if no decision has been made by OAQ after either the 17th day after the publication of the public notice if no comments were submitted or the 31st day after the publication of the public notice if comments were submitted or the 19th day after the stamped receipt date of the interim petition, whichever is the later date.

What to Include in the Public Notice

Applicants should specify the following information in the public notice:

1. Name of the company and complete address of the source.
2. Detailed description of the proposed construction.
3. Calculated potential to emit of the proposed construction.
4. Name of the public library where a copy of the petition was placed.
5. The public comment period consists of fourteen (14) calendar days and three (3) additional working days to allow delivery of mailed comments.
6. The applicant may not operate the modification until a valid operating permit is issued.
7. Construction, even if an interim significant permit revision or significant source modification is issued, is undertaken entirely at the applicants' risk.

Forms and Guidance

The same guidance and forms apply to both the interim significant permit revision or significant source modification and the interim minor permit revision or minor source modification. The only form not applicable to interim minor permit revision or minor source modification is the public notice, because an interim for these does not need to be public noticed.

Cause(s) for Denial

An interim petition may be denied because of one of the following reasons:

1. A written petition was not submitted. A verbal petition is not valid.
2. The written petition was not signed and dated.
3. The Affidavit of Construction was not submitted.
4. The submitted Affidavit of Construction was not signed, dated, or notarized.
5. Statement of acceptability of federal enforceability was not included in the petition.
6. A petition for construction of a new source was submitted.
7. A petition was submitted without sufficient conditions, limitations, and/or restrictions to prevent the applicability of PSD rules.
8. A petition was submitted without sufficient conditions, limitations, and/or restrictions to indicate compliance with NSPS, NESHAP, and all applicable state rules.
9. OAQ has determined that the applicant does not intend to construct according to the petition.
10. Construction has commenced prior to the issuance of the interim significant permit revision, significant source modification, minor permit revision, or minor source modification.
11. The interim petition was falsified in any way.
12. The public was not properly notified.

Note: If a petition is denied, IDEM will provide reasons for the denial. In the case of a denial, an applicant may rectify the deficiencies and submit a new petition with the appropriate fee.

Cause(s) for Revocation After Issuance

An issued interim approval may be revoked because:

1. Full review of the proposed project shows that it will cause a degradation of air quality.
2. Full review shows that the proposed construction does not in fact comply with all state or federal rules.
3. Full review shows that PSD rules do indeed apply to the construction.
4. IDEM’s OAQ determines that any of the causes for denial (listed above) becomes valid.

What to Do in the Case of a Revocation

If an interim approval is issued and later revoked, the construction progress done between those events is not illegal. However, in the case of a revocation:

1. You must immediately cease all construction activity upon revocation of an interim petition.
2. Any subsequent construction would constitute a violation of 326 IAC 2-5 or 326 IAC 2-6.1 and possibly a violation of the PSD or Emission Offset rules, too.
3. State and federal compliance officials will be notified of the revocation.

An Interim Approval Does Not Grant Approval to Operate

For the interim minor permit revision or minor source modification, the associated minor permit revision or minor source modification document is required before operation commences. For the interim significant permit revision or significant source modification, the associated administrative amendment, minor permit modification, or significant permit modification document must be issued before operation can commence. Testing and debugging of equipment are considered to be operation.

Federal Enforceability

While the applicant must consent to the federal enforceability of an interim approval pursuant to 326 IAC 2-13-1(c)(2)(D), EPA has not approved 326 IAC 2-13 (Interim Approvals) as part of IDEM OAQ’s State Implementation Plan (SIP).