Client Alert: IDEM to Remove Emergency Affirmative Defense Provisions from Air Permits

The Indiana Department of Environmental Management (IDEM) is removing "emergency" affirmative defense provisions from air permits as required by the U.S. Environmental Protection Agency (EPA).

The Indiana Department of Environmental Management (IDEM) has announced changes to bring Indiana’s Title V and FESOP programs into alignment with federal regulations. Following the U.S. EPA’s 2023 removal of emergency affirmative defense provisions from the federal operating permit program, IDEM will now remove similar provisions from Indiana air permits.

The “emergency affirmative defense” provision previously allowed facilities to avoid penalties for certain air permit violations if they could demonstrate the violations were caused by an unforeseen emergency and that appropriate corrective actions were taken.

Importantly, IDEM will not wait for a permit renewal or amendment to open the permit. The agency has already begun administratively reopening and amending affected permits to remove the emergency affirmative defense provision. Initial notice letters have been sent, and facilities that have not yet received one should expect to soon.

KERAMIDA’s air permitting experts are ready to assist clients with questions about this change or with any future permit modifications.

To learn more or request support, contact us at info@keramida.com or visit our Air Permitting Services page.