Sec. 5. (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) Notwithstanding IC 4-21.5-5-5, a person may file a petition for judicial review of final agency action on an application for a permit, a permit renewal, or a permit revision more than thirty (30) days after the person is served notice of the final agency action if the following conditions exist:

(1) The petition is based on new grounds that arise more than thirty (30) days after the person is served the notice.

(2) The petition is filed not more than thirty (30) days after the new grounds arise.

(3) The new grounds:

(A) are based on new information that was not available during the review period; and

(B) could not by due diligence have been discovered and produced within the time required for the proceedings under this section.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.90-1998, SEC.15.