326 IAC 2-5.1-4 Transition procedures

Sec. 4. (a) The commissioner shall include an approval to operate and operating conditions in an initial construction permit. The level of approval shall be as follows: (1) A source must obtain approval to operate under a state operating permit under 326 IAC 2-6.1 if the permit does not include terms and conditions that limit the potential to emit of the source to below thresholds that would require a Part 70 permit. (2) A source must obtain approval to operate as a FESOP under 326 IAC 2-8 if the permit includes terms and conditions that limit the potential to emit of the source to below the thresholds that require the source to obtain a Part 70 permit and is issued in accordance with 326 IAC 2-8-13. (3) A source must obtain approval to operate as a Part 70 source under 326 IAC 2-7 if: (A) the source is constructing under 326 IAC 2-2 or 326 IAC 2-3; or (B) the potential to emit exceeds the Part 70 major source thresholds as defined in 326 IAC 2-7-1(20). The permit must include the permit content in accordance with 326 IAC 2-7-5 and compliance requirements in accordance with 326 IAC 2-7-6, and the permit must be issued in accordance with 326 IAC 2-7-17. (b) If all terms and conditions of 326 IAC 2-1.1-6 were satisfied in the processing of the construction permit, then the emission limitations may be included in the subsequent operating permit without repeating the public notice requirements in 326 IAC 2-1.1-6.