Changes to Indiana’s Rule 5 Construction General Permit

There are changes coming to Indiana’s Environmental Rule 5 Construction General Permit (CGP). On May 23, 2018, IDEM notified the public of its intent to change the language in the Indiana Administrative Code (IAC) to replace the permit-by-rule process with language to allow the agency to administratively issue its general permit.

If adopted, this change will transfer the authority to issue and revise general permits from Indiana’s Environmental Rules Board to IDEM with U.S. EPA having final approval.

The change to an administratively-issued permit will not affect the way new permittees obtain coverage under the general permit. And for existing permittees, the transition promises a more efficient process and thus a more timely renewal of their permits.

It’s worth noting that IDEM has changed five other general permits to administratively-issued permits to date and appears to have a good track record of navigating the complexities inherent in such transitions.

On June 12, 2018, IDEM received U.S. EPA approval for the revised CGP rule. However, the rulemaking required to repeal and replace the existing rule in the IAC will likely take close to year to complete.

So, stay tuned – Christopher Burke Engineering has been working with INAFSM to help IDEM understand the needs of permittees and will continue to follow this rulemaking process to keep you informed.