Final agency action

Sec. 4. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f.

(b) Failure of the commissioner to act on an application in accordance with the times provided in Section 503 of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7661b) or Title IV of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7651 to 7651o) shall be treated as a final agency action solely for the purposes of obtaining judicial review in state court of an action brought by:

(1) any person that participated in the public comment process; or

(2) any person entitled to judicial review of the final agency action under IC 4-21.5-5;

to require that an action be taken by the commissioner on the permit application without additional delay.

[Pre-1996 Recodification Citation: 13-7-10-2.5(g).]

As added by P.L.1-1996, SEC.5.