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HomeMy WebLinkAboutIDEM ltr 04-22-24IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.[N.gov Eric J. Holcomb Brian C. Rockensuess Governor Commissioner April 22, 2024 Martin Marietta Materials, Inc.�7 777-47736-05390, Y To: Interested Parties This notice is to inform you that a final 'dec}siq een issued for the air permit application referenced above.- This noii+✓e-is for informational purposes only. You are not required to take any action. You are receiving this notice because you asked to be on IDEM's notification list for this company and/or county; or because your property is nearby the company being permitted; or because you represent a local/regional government entity. The enclosed Notice of Decision Letter provides additional information about the final permit decision. The final decision and supporting materials are available electronically at: IDEM's online searchable database: htt :lfwww.in. ov/a s/idem/caats/ . Choose Search Option by Permit Number, then enter permit 47736 and IDEM's Virtual File Cabinet (VFC): hftps://www.in.ciov/idem. Enter VFC in the search box, then search for permit documents using a variety of criteria, such as Program area, date range, permit #, Agency Interest Number, or Source ID. If you have technical questions regarding the enclosed documents, please contact the Office of Air Quality, Permits Branch at (317) 233-0178, or toll -free at 1-800451-6027 (ext. 3-0178), and ask to speak to the permit reviewer who prepared the permit. Please Note: If you would like to be removed from the Air Permits mailing list, please contact Joanne Smiddie-Brush with the Air Permits Administration Section at 1-800- 451-6027, ext. 3-0185 or via e-mail at JBRUSH@IDEM.IN. GOV. If you have recently moved and this Notice has been forwarded to you, please notify us of your new address and if you wish to remain on the mailing list. Mail that is returned to IDEM by the Post Office with a forwarding address in a different county will be removed from our list unless otherwise requested. An Equal Opportunity Employ- Enclosure Final Interested Parties Cover Letter 10/13/2023 0 A State that Woks Recycled Paper ItIaEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. 100 N. Senate Avenue •Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov s-" Eric J. Holcomb Brian C. Rockensuess Commissioner Governor To: Interested Parties Date: April 22, 2024 From: Jenny Acker, Chief Permits Branch Office of Air Quality F . Source r e: Martin Marietta Materials, Inc. Permit Level: SSOA Relocation Permit Number: 777-47736-05390 Source Location: 15215 River Road Noblesville, Indiana 46062 Type of Action Taken: Relocation of an existing source Notice of Decision: Approval Please be advised that on behaif of the Commissioner of the Department of Environmental Management, I have issued a decision regarding the matter referenced above. Pursuant to 326 IAC 2, this approval was effective immediately upon submittal of the application. The final decision is available on the IDEM website at: htt>7:livwyw.in.govlapgslidemlcaatsl To view the document, choose Search Option by Permit Number, then enter permit 47736. This search will also provide the application received date and final permit issuance date. The final decision is also available via IDEM's Virtual File Cabinet (VFC). Please go to: htt s:llwww.in. ovlidem and enter VFC in the search box. You will then have the option to search for permit documents using a variety of criteria. An Equal Opportunity ity Employer 4> A State that Works (continues on next page) Recycled Paper I ®EM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov Date: April 22, 2024 Eric J. Holcomb Governor Re: Receipt of Air Permit Application Permit ID Number: 777-47736-05390 Company: Martin Marietta Materials Inc. Address: 15215 North River Avenue City: Noblesville, IN Dear Elected Official: �C• V;t- Brian C. Rockensuess Commissioner Pursuant to IC 13-15-3-1, this letter is to inform you that the Indiana Department of Environmental Management, (IDEM) Office of Air Quality, Permits Branch, has received an application from the above named company. Applicants are required to place certain types of applications at the local library. If you need additional information about this application, include the library location, if applicable, please contact IDEM's Office of Air Quality at 1-800-451-6027, press 0 and ask for Joanne Smiddie-Brush at 3- 0185. An Equal Opportunity Employer Sincerely, J cma Cffam pion Permits Administration Section Office of Air Quality 0 A State that Works Recycled Paper What if you are not satisfied with this decision and you- want to file an appeal` Who may file an appeal? The decision described in the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition for Administrative Review" to -request an "administrative hearing. If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1) the person to whom the decision was directed, 2) a party specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision., you are entitled to file an appeal. (An aggrieved or adversely affected person is one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision). The Indiana Office of Environmental Adjudication (OEA) was established by state law — see Indiana Code (IC) 4-21.5-7 — and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM decision making process. Once your request has been received by OEA, your appeal may be considered by an Environmental Law Judge. What is required of persons filing an appeal? Filing an appeal is a legal proceedin , so it is suggested that you consult with an attorney. Your request for an appeal must include your name mid address and identify your interest in the decision (Or, if you are representing someone else, his or her name and address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or responsible party, in your letter. Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms and conditions that, in your judgment, would appropriately satisfy the requirements of law with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and your. suggested changes must be. consistent with all applicable laws (See Indiana Code 13-15-6-�) and riles (See 'Title 315 of the Indiana Administrative -Code, or 315 IAC). The effective date of this agency action is stated on the accompanying Notice of Decision (or -other IDEM decision notice). If you file a "Petition for Administrative Review" (appeal), you . may wish to specifically request that the action be "stayed" (temporarily halted) because most appeals do not allow for an automatic 'stay.'If, after an evidentiary hearing, a "stay" is granted, the IDEM-approved action may be halted altogether, or only allowed to continue in part, until a final decision has been made regarding the appeal. However, if the action is not "stayed" the IDEM-approved activity will be allowed to continue during the appeal process. (See reverse side) Where can you file an appeal? If you wish to file an appeal, you must do so in writing. There are no standard forms to fill out and submit; so you must state your case in a letter (called a petition for administrative review) to the Indiana Office of Environmental Adjudication (OEA). Do not send the original copy of your appeal request to IDEM. Instead, send or deliver your letter to: The Indiana Office of Environmental Adjudication 100 North Senate Ave. Indiana Government Center North ' Room N103 Indianapolis, IN 46204-2273 If you file an appeal, also please senda copy of your appeal letter to the IDEM contact person identified in the Notice of Decision, and to the applicant (person receiving an IDEM permit, or other approval). Your appeal (petition for administrative review) must be received by the Office of Environmental Adjudication in a timely manner. Different types of permit approvals have different deadlines for filing an appeal. The accompanying Notice of Decision (NOD) explains how to determine the due date for filing an appeal for this particular permit decision. To ensure that you meet this filing requirement, your appeal request must be: 1) Delivered in person to the OEA by the close -of -business on the due date. (If the due date falls on a day when the Office of Environmental Adjudication (OEA) is closed for the weekend or for a state holiday, then your petition will be accepted on the next business day on which OEA is open.); or 2) Given to a private carrier who will deliver it to the OEA on your behalf, (and from whom you must obtain a receipt dated on or before the due date); or 3) For those appeal requests sent by U.S. Mail, your letter must be postmarked by no later than midnight of the due date; or 4) Faxed to the OEA at 317/233-9372 before the close -of -business of the due date, provided - that the original signed "Petition for Administrative Review" is also sent, or delivered, to the OEA in a timely manner. What are the costs associated with filing an appeal? The OEA does not charge a fee for filing documents for an administrative review or for the use -of its hearing facilities. However, OEA does charge a fifteen cent ($.15) per page fee for copies of any documents you may request. Another cost that could be associated with your appeal would be for attorney's fees. Although you have the option to act as your own attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represented by an experienced attorney. What can you expect from the Office of Environmental Adjudication (OEA) after you file for an appeal? The OEA_ will provide you with notice of any prehearing conferences, preliminary hearings, hearings, "stays," or orders disposing of the review of this -decision. In addition, you may contact the OEA by phone at 317/233-0850 or via email at Fron#deskQOEA.iN.GOV with any scheduling questions. However, technical questions should be directed to IDEM at the -number indicated on the Notice of Decision. Do not expect to discuss details of your case with the OEA other than in a formal setting such as a prehearing conference, a formal hearing, or a settlement conference. The OEA is not allowed to discuss a case without all sides being present. All parties to the proceeding are expected to appear at the initial prehearing conference.