On July 21, 2023, the U.S. EPA finalized the removal of the “emergency” affirmative defense provisions from the Clean Air Act operating permit program regulations (Federal Register Notice 88 FR 47029). In response, effective June 21, 2025, the following Indiana rules were amended for consistency:
- 326 IAC 2-7 (Part 70 Permit Program),
- 326 IAC 2-8 (Federally Enforceable State Operating Permit (FESOP) Program), and
- 326 IAC 1-6-1 (Malfunctions).
The Indiana Department of Environmental Management (IDEM) has begun to open Part 70 (Title V) and FESOP permits in order to remove the emergency affirmative defense provisions and to add provisions related to malfunctions, as applicable. Only affected permits will be opened and amended. Sources holding a Part 70 (Title V) or FESOP permit are not required to submit an application. Instead, IDEM Office of Air Quality (OAQ) staff will contact the source to confirm its contact person and contact information. The contact person will be notified if/when their permit has been amended.
Additionally, due to the number of affected permits the IDEM anticipates this effort will be ongoing for several years.
Sources with a Minor Source Operating Permit (MSOP), Source Specific Operating Agreement (SSOA), Registration, Exemption, or Permit by Rule (PBR) are not affected.
If you would like to discuss the Indiana air regulation updates and how they may impact your facility, please contact Trinity’s Indiana office or call 317.451.8100.
