Sec. 2. (a) All of the following conditions must be satisfied for a person to qualify for the exemption from liability established in section 1 of this chapter:

(1) If the source is required to obtain a Title V operating permit, a complete permit application for a Title V operating permit, a FESOP, or an enforceable operating agreement that includes the existing and unpermitted facility or source is submitted to the commissioner not later than November 16, 1996, or a date established by the board for timely submission of an application for a Title V operating permit, whichever is earlier. The permit application submitted under this subdivision must comply with:

(A) the requirements of 40 CFR 70.5(a)(2); and

(B) all rules adopted by the board implementing 40 CFR 70.5(a)(2).

(2) If the source is not required to obtain a Title V operating permit, a complete application for a registration or construction permit, as applicable, for the existing and unpermitted facility or source is submitted to the commissioner not later than November 16, 1996. The registration or construction permit application must comply with all rules adopted by the board.

(3) Each existing emitting facility or source for which limited liability is claimed under this chapter is clearly identified in the application submitted under subdivision (1) or (2), whichever is applicable.

(4) The emitting facility or source was constructed or modified before January 1, 1994.

(5) The emitting source was not the subject of a completed administrative or civil action for failure to obtain a necessary air construction or operation permit:

(A) after January 1, 1989; and

(B) before January 1, 1994.

(6) The source is not the subject of a pending administrative or civil action for failure to obtain a necessary air construction or operation permit.

(b) The department may not require:

(1) a separate registration application;

(2) a construction permit application; or

(3) an additional operating permit application;

if the Title V operating permit application submitted for the sources or facilities qualifying for an exemption from liability under section 1 of this chapter and identified under subsection (a)(3) contains information that satisfies all requirements of the rules adopted by the board and all Indiana statutes concerning new or modified sources and facilities.

(c) This section does not relieve a person from any obligation to:

(1) apply for or obtain a permit required for the prevention of significant deterioration or by new source review requirements of the federal Clean Air Act under 42 U.S.C. 7470 et seq. (Part C) or 42 U.S.C. 7501 et seq. (Part D); or

(2) obtain a registration or construction permit required under an Indiana law or rules adopted by the board.

[Pre-1996 Recodification Citation: 13-10-4-1(c).]

As added by P.L.1-1996, SEC.7.