reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-6 - Record keeping requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 6.
(a) On and
				after the certification of a monitoring system, the owner or operator of a
				source or emissions unit subject to this rule shall maintain records, including
				raw data, of all monitoring data and supporting information for a minimum of
				five (5) years from the date of any of the following:
(1) A monitoring sample.
(2) A measurement.
(3) A test.
(4) A certification.
(5) A report.
(6) Any other activity required under this
				article.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-7 - Reporting requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 7.
(a) The owner
				or operator of a source or emissions unit subject to this rule shall submit a
				monitoring report to the department in accordance with this section.
(b) The owner or operator shall submit the
				monitoring report in accordance with the following requirements:
(1) The owner or operator of sources or
				emissions units subject to the requirements of section 1 of this rule shall
				report excess emissions no less frequently than quarterly. For the owner or
				operator of a source or emissions unit for which quarterly reports are
				required, the reports shall be:
(A) submitted
				by the source or emissions unit owner or operator to the department;
				and
(B) postmarked or delivered by
				other means no later than thirty (30) calendar days following the last day of
				the reporting period.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-8 - Operation and maintenance of continuous emission monitoring and continuous opacity monitoring systems

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 8.
(a) This
				section applies to the operation and maintenance of CEMS and COMS.
(b) The owner or operator of a CEMS or COMS
				required by federal or state regulations or permit shall:
(1) install;
(2) calibrate;
(3) maintain;
(4) operate; and
(5) certify;
such CEMS or COMS, and related equipment in accordance with
				  applicable federal regulations, this rule, and any applicable permits.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 6 - Source Sampling Procedures › Section 6-1 - Applicability; test procedures

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 1.
This rule applies to any emissions unit emissions testing
				  performed to determine compliance with applicable emission limitations
				  contained in this title, or for any other purpose requiring review and approval
				  by the department. The owner or operator of an emissions unit shall conduct
				  emission tests subject to this rule in accordance with any applicable
				  procedures and analysis methods specified in 40 CFR 51 *, 40 CFR 60 *, 40 CFR
				  61 *, 40 CFR 63 *, 40 CFR 75 *, or other procedures approved by the department
				  and U.S. EPA.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Air Quality, Indiana
				  Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
				  Indiana 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 6 - Source Sampling Procedures › Section 6-2 - Source sampling protocols

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 2.
(a) When an
				emissions test is to be performed by any person other than the department, the
				source or emissions unit owner or operator shall complete a test protocol form
				and submit the test protocol form to the department not later than thirty-five
				(35) days prior to the intended test date unless the applicable rule requires
				additional notice. The test protocol shall:
(1) be on a form approved by the department;
				or
(2) contain information
				equivalent to that required on the form approved by the department.
The department shall evaluate and approve the test protocol
				  prior to it being implemented. If the department does not notify the owner or
				  operator prior to the test date that the protocol has not been approved, the
				  protocol is deemed approved.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 6 - Source Sampling Procedures › Section 6-3 - Emission testing

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 3.
(a)
				Department staff may observe field test procedures and source or emissions unit
				operation during the emission test.
(b) The owner or operator of a source or
				emissions unit shall conduct all emission tests as follows:
(1) The emissions unit being tested shall be
				operating according to clause (A) or (B), except as allowed under clause (C),
				as follows:
(A) At a minimum, ninety-five
				percent (95%) of the permitted maximum emissions unit operating capacity
				description.
(B) Under conditions
				of worst case emissions, and if the worst case emission condition is not known,
				then the worst case emission condition shall be assumed to be the maximum
				process or operating rate of the emissions unit as listed in the permit's
				emissions unit description.
(C)
				Under other capacities or conditions as specified in an applicable requirement
				or approved by the department. As used in this clause, "capacity" means the
				design capacity of the emissions unit or other operating capacities agreed to
				by the owner or operator of the emissions unit and the department, including,
				but not limited to, process conditions when the department believes that
				changes in the operating capacities or operating conditions have the potential
				to affect emission levels.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 7 - Fuel Sampling and Analysis Procedures › Section 7-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 1.
This rule applies to fuel sampling and analysis that is
				  performed to determine compliance with the emission limitations specified in
				  326 IAC 7.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 7 - Fuel Sampling and Analysis Procedures › Section 7-2 - Coal sampling and analysis methods

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 2.
(a) Owners or
				operators of coal sampling systems for sources with total coal-fired capacity
				greater than or equal to one thousand five hundred (1,500) million British
				thermal units (Btu) per hour actual heat input shall follow procedures
				specified in ASTM D2234-89*, "Standard Methods for Collection of a Gross Sample
				of Coal", unless otherwise provided in section 3 of this rule. Additionally,
				the coal sampling system shall meet the following requirements:
(1) The coal sample acquisition point shall
				be at a location where representative samples of the total coal flow to be
				combusted by the emissions unit may be obtained. A single as-bunkered sampling
				station may be used to represent the coal to be combusted by multiple emissions
				units using the same stockpile feed system.
(2) The increment collection method to be
				used is specified in ASTM D2234-89*, Table 1, I-A-1, I-B-1, or I-C-1.
(3) The opening of the sampling device shall
				be at least two and one-half (2.5) times the top-size of the coal and not less
				than one and one-fourth (1.25) inches.
(4) The sampling device shall have sufficient
				capacity to completely retain or entirely pass the increment without loss or
				spillage.
(5) The velocity with
				which the cross-stream cutting instrument travels through the stream shall not
				exceed eighteen (18) inches per second. The velocity requirement shall not
				apply to a swing-arm sampler or to a sampler whose cutter opening is
				perpendicular to the stream of coal. Owners or operators of all coal sampling
				systems shall detail the proper operating procedures in the standard operating
				procedures document required under section 5 of this rule.
(6) Increments obtained during the sampling
				period shall be protected from changes in composition to maintain the integrity
				of constituent characteristics required to convert sample sulfur content to
				units of the applicable emission standard.
(7) A comparison of weight or volume of
				collected sample with that of the total flow of coal shall be conducted at a
				minimum of one (1) time every two (2) weeks to assure a constant sampling ratio
				is maintained for increments composited into a sample representing a single
				twenty-four (24) hour period.
(8) A
				routine inspection of the sampling system shall be established to meet
				requirements and guidelines specified in ASTM D4702-87*, "Guide for Inspecting
				Mechanical Coal Sampling Systems that Use Cross-Cut Sample Cutters for
				Conformance with Current ASTM Methods".
(9) Composite samples shall be collected for
				analysis at a minimum of one (1) time per twenty-four (24) hour
				period.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 7 - Fuel Sampling and Analysis Procedures › Section 7-4 - Fuel oil sampling; analysis methods

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 4.
(a) The
				source owner or operator shall perform sampling and analysis of the sulfur
				content of fuel oil in accordance with the following ASTM procedures:
(1) Collection of fuel oil samples shall be
				conducted according to either of the following:
(A) ASTM D4057-88*, "Standard Practice for
				Manual Sampling of Petroleum and Petroleum Products".
(B) ASTM D4177-82*, "Standard Method for
				Automatic Sampling of Petroleum and Petroleum Products".
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 7 - Fuel Sampling and Analysis Procedures › Section 7-5 - Record keeping requirements; standard operating procedures

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-14-4-3; IC 13-15; IC 13-17
Sec. 5.
(a) Owners or
				operators of sources with total coal-fired capacity greater than or equal to
				one hundred (100) million British thermal units per hour actual heat input
				shall develop a standard operating procedure (SOP) to be followed for:
(1) sampling;
(2) handling;
(3) analysis;
(4) quality control;
(5) quality assurance; and
(6) data reporting of the information
				collected under sections 2 through 4 of this rule.
In addition, any revision to the SOP shall be maintained by
				  the source and made available upon request by the department.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 8 - Compliance Assurance Monitoring Requirements › Section 8-1 - Applicability; incorporation by reference of federal standards

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 1.
(a) This rule
				applies to pollutant-specific emission units at Title V sources that meet the
				applicability criteria of 40 CFR 64.2, except for backup utility units exempt
				under 40 CFR 64.2(b). For purposes of this rule, the definitions in 40 CFR 64
				shall apply in any conflict between definitions in 326 IAC 3-4-1 and 40 CFR
				64.
(b) References to:
(1) "section 70.6(a)(3)(i) of this chapter"
				shall mean 326 IAC 2-7-5(3)(A);
(2)
				"section 70.6(a)(3)(i)(B) of this chapter" shall mean 326 IAC
				2-7-5(3)(A)(ii);
(3) "section
				70.6(a)(3)(ii) of this chapter" shall mean 326 IAC 2-7-5(3)(B);
(4) "section 70.6(a)(3)(iii) of this chapter"
				shall mean 326 IAC 2-7-5(3)(C);
(5)
				"section 70.7(f)(1)(i) of this chapter" shall mean 326 IAC
				2-7-9(a)(1);
(6) "section
				70.7(f)(1)(iii) of this chapter" shall mean 326 IAC 2-7-9(a)(3)(A) and 326 IAC
				2-7-9(a)(3)(B); and
(7) "section
				70.7(f)(1)(iv) of this chapter" shall mean 326 IAC 2-7-9(a)(3)(C).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-0.5 - Definitions

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9; IC 36-9-27-2
Sec. 0.5.
Unless otherwise stated, the following definitions apply to
				  this rule:
(1) "Adequate fire fighting
				equipment" means equipment sufficient and appropriate under the circumstances
				to extinguish the fire.
(2) "Clean
				petroleum products" means an uncontaminated, refined petroleum product, such as
				kerosene or diesel fuel, not previously used in any application.
(3) "Clean wood products" means wood
				products, including vegetation, that are not coated with stain, paint, glue, or
				other coating material.
(4)
				"Drainage ditch" shall have the meaning of regulated drain or open drain under
				IC 36-9-27-2.
(5) "Emergency
				burning" means the burning of clean wood waste or deceased animals caused by a
				natural disaster or an uncontrolled event such as the following:
(A) A tornado.
(B) High winds.
(C) An earthquake.
(D) An explosion.
(E) A hail storm, a rain storm, or an ice
				storm.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-1 - Scope

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9-3
Sec. 1.
The requirements of this rule establish standards for open
				  burning that would result in emissions of regulated pollutants. This rule
				  applies to all open burning except for the following:
(1) Open burning by and at a source that has
				obtained a registration or permit under 326 IAC 2-5.1, 326 IAC 2-6.1, 326 IAC
				2-7, or 326 IAC 2-8 that specifically regulates the open burning to be
				performed by and at the source. This rule does apply to open burning not
				addressed in such a registration or permit, or if the registration or permit
				requires compliance with this rule.
(2) Except as provided in IC 13-17-9-3, where
				open burning allowed under this rule is prohibited by other state or local
				laws, regulations, or ordinances.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-2 - Prohibition against open burning

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 2.
Open burning is prohibited except as allowed in this rule.
				  The department encourages alternatives to open burning, such as sale or reuse.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-3 - Exemptions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 3.
(a) IC
				13-17-9 exempts certain types of open burning for maintenance purposes listed
				as follows:
(1) A person may open burn the
				following:
(A) Vegetation from any of the
				following:
(i) A farm.
(ii) An orchard.
(iii) A nursery.
(iv) A tree farm.
(v) A cemetery.
(vi) A drainage ditch.
(vii) Agricultural land, if the open burn
				occurs in an unincorporated area.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-4 - Emergency burning

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 4.
Emergency burning with prior oral approval of the
				  commissioner or the commissioner's designated agent may be authorized for the
				  following:
(1) spilled or escaping
				liquid or gaseous petroleum products when all reasonable efforts to recover the
				spilled material have been made and failure to burn would result in an imminent
				fire or health hazard or air or water pollution problem; or
(2) clean wood waste, vegetation, or deceased
				animals resulting from a natural disaster where failure to burn would result in
				an imminent health, safety, or environmental hazard.
The commissioner or the commissioner's designated agent shall
				  issue a written approval within seven (7) days of the oral approval. The
				  written approval shall contain any conditions on emergency burning that the
				  commissioner established in the oral approval.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-4.1 - Open burning approval; criteria and conditions

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 4-21.5; IC 13-12; IC 13-17-9
Sec. 4.1.
(a) Burning
				not exempted by section 3 or 4 of this rule may be authorized by the issuance
				of an approval by the commissioner or the commissioner's designated agent after
				consideration of an approval application. Such burning may be authorized for,
				but not limited to, the following:
(1)
				Burning for the purpose of fire training.
(2) Burning of natural growth derived from a
				clearing operation, such as removal of natural growth for change in use of the
				land.
(3) Burning of highly
				explosive or other dangerous materials for which no alternative disposal method
				exists or where transportation of such materials is hazardous.
(4) Burning of clean wood products.
(5) Burning of natural growth for the purpose
				of land management.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-4.2 - Open burning; approval revocation

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 4.2.
The commissioner or the commissioner's designated agent may
				  revoke an approval letter if the applicant:
(1) violates any requirement of section
				4.1(d) of this rule;
(2) violates
				any condition added to the approval letter under section 4.1(f) of this rule;
				or
(3) falsifies information on an
				application for an approval.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-4.3 - Open burning approval; delegation of authority

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 4-21.5; IC 13-12; IC 13-17-9
Sec. 4.3.
The commissioner may delegate the authority to issue open
				  burning approval letters in accordance with this section to a local health
				  department, fire department, solid waste management district, or other agency
				  upon a demonstration that the agency:
(1) has the necessary legal authority and
				resources to implement an approval program that is at least as protective of
				the public health, welfare, and the environment as the provisions of this rule;
				and
(2) commits to implement the
				program described in subdivision (1) and to follow the public notification
				procedures of IC 4-21.5 in the issuance of approval letters.
The commissioner may establish conditions for the delegation
				  and may revoke any such delegation if the commissioner determines that any
				  condition has not been satisfied or the circumstances under which the
				  delegation was issued have changed.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-5 - Liability for fire

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 5.
Any person who allows the accumulation or existence of
				  combustible material which constitutes or contributes to a fire causing air
				  pollution may not refute liability for violation of this rule ( 326 IAC 4-1 )
				  on the basis that said fire was set by vandals, accidental, or an act of God.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-6 - Air curtain destructors; approval; exemptions

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 6.
(a) An owner
				or operator of an air curtain destructor as defined in 326 IAC 1-2-2.5 shall
				submit an application to the department to obtain a letter of approval from the
				commissioner or the commissioner's designated agent prior to its installation
				or operation at a new site. The owner or operator:
(1) shall not operate the air curtain
				destructor unless the owner or operator holds a valid letter of approval;
				and
(2) shall maintain the letter
				of approval at the air curtain destructor site at all times for verification by
				state or local officials.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 1 - Open Burning › Section 1-8 - Air curtain destructors; approval revocation

Current through July 10, 2024
Authority: IC 13-15-2-1; IC 13-17-3-4
Affected: IC 13-12; IC 13-17-9
Sec. 8.
The commissioner or the commissioner's designated agent may
				  revoke an air curtain destructor letter of approval if the owner or
				  operator:
(1) violates any requirement
				of section 7(a) of this rule;
(2)
				violates any condition added to the letter of approval under section 7(c) of
				this rule;
(3) violates any other
				state or local rule or ordinance pertaining to the installation or operation of
				air curtain destructors;
(4)
				falsifies information on an application for a letter of approval; or
(5) operates an air curtain destructor in a
				manner that is hazardous to the public health.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 2 - Incinerators › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) This rule
				establishes standards for the use of incinerators which emit regulated
				pollutants.
(b) This rule does not
				apply to the following:
(1) Incinerators in
				residential units consisting of four (4) or fewer families.
(2) Sources subject to the following:
(A) 40 CFR 60 Subpart Eb*, Large Municipal
				Waste Combustors for which Construction Commenced after September 20,
				1994.
(B) 40 CFR 60 Subpart Ec*,
				Hospital/Medical/Infectious Waste Incinerators for which Construction Commenced
				after June 20, 1996.
(C) 40 CFR 60
				Subpart CCCC*, Commercial and Industrial Solid Waste Incineration Units for
				which Construction Commenced after November 30, 1999.
(D) The state plan approved under 40 CFR
				62.3640 * through 40 CFR 62.3642 *, Hospital/Medical/Infectious Waste
				Incinerators.
(E) The state plan
				approved under 40 CFR 62.3650 * through 40 CFR 62.3652 *, Large Municipal Waste
				Combustors.
(F) 40 CFR 63 Subpart
				EEE*, Hazardous Waste Combustors.
*These documents are incorporated by reference and may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Air Quality, Indiana
				  Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
				  Indiana 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 2 - Incinerators › Section 2-2 - Incinerators

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-17-3
Sec. 2.
(a) All
				incinerators shall comply with the following requirements:
(1) Consist of primary and secondary chambers
				or the equivalent.
(2) Be equipped
				with a primary burner unless burning only wood products.
(3) Comply with 326 IAC 5-1 and 326 IAC Sec.
				2.
(4) Be maintained, operated, and
				burn waste in accordance with the manufacturer's specifications or an operation
				and maintenance plan as specified in subsection (c).
(5) Not emit particulate matter in excess of
				one (1) of the following:
(A) Three-tenths
				(0.3) pound of particulate matter per one thousand (1,000) pounds of dry
				exhaust gas under standard conditions corrected to fifty percent (50%) excess
				air for incinerators with a maximum solid waste capacity of greater than or
				equal to two hundred (200) pounds per hour.
(B) Five-tenths (0.5) pound of particulate
				matter per one thousand (1,000) pounds of dry exhaust gas under standard
				conditions corrected to fifty percent (50%) excess air for incinerators with
				solid waste capacity less than two hundred (200) pounds per hour.
(6) If any of the requirements of
				subdivisions (1) through (5) are not met, then the owner or operator shall stop
				charging the incinerator until adjustments are made that address the underlying
				cause of the deviation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-1 - Applicability

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-17-1-1;
				  IC
				  13-17-3-4
Affected: IC
				  13-17-1-3;
				  IC 13-17-3
Sec. 1.
(a) Except
				as provided in subsection (b), this rule applies to any manufacturer, supplier,
				distributor, or person that:
(1) distributes
				or sells;
(2) markets;
(3) installs;
(4) operates; or
(5) owns; an outdoor hydronic heater in
				Indiana.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-2 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-17-1-1;
				  IC
				  13-17-3-4
Affected: IC
				  13-17-1-3;
				  IC 13-17-3
Sec. 2.
The following definitions apply throughout this rule:
(1) "Clean wood" means untreated wood that
				has no paint, stains, coatings, glues, or any chemical treatment.
(2) "Distribute or sell" means to:
(A) distribute;
(B) sell;
(C) advertise for sale;
(D) offer for sale;
(E) lease;
(F) ship;
(G) deliver for shipment;
(H) release for shipment; or
(I) receive and deliver, or offer to deliver.
				The term does not include the distribution or sale by a manufacturer of an
				outdoor hydronic heater that is installed outside of Indiana.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-3 - Emission limit for outdoor hydronic heaters

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-17-1-1;
				  IC
				  13-17-3-4
Affected: IC
				  13-17-1-3;
				  IC 13-17-3
Sec. 3.
Except as provided in section 1(b) of this rule, a person
				  shall not distribute or sell or install an outdoor hydronic heater unless it
				  has been certified to meet the emission limits for hydronic heaters in the New
				  Source Performance Standard at 40 CFR 60, Subpart QQQQ, as incorporated by
				  reference at 326 IAC 12*.
*Copies of this document may be obtained from the Government
				  Publishing Office,
www.gpo.gov
, or are
				  available for review at the Indiana Department of Environmental Management,
				  Office of Legal Counsel, Indiana Government Center North, 100 North Senate
				  Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-4 - General requirements for existing outdoor hydronic heaters

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-17-1-1;
				  IC
				  13-17-3-4
Affected: IC
				  13-17-1-3;
				  IC 13-17-3
Sec. 4.
(a) All
				outdoor hydronic heaters that have not been certified to meet the emission
				limits in 40 CFR 60, Subpart QQQQ*, must have a permanent stack extending five
				(5) feet higher than the peak of the roof of any occupied building:
(1) located within one hundred fifty (150)
				feet of the unit; and
(2) not
				located on the same property on which the heater is installed.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-5 - Operating standards

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-17-1-1;
				  IC
				  13-17-3-4
Affected: IC
				  13-17-1-3;
				  IC 13-17-3
Sec. 5.
(a) A person
				shall not operate an outdoor hydronic heater from May 1 through September 30 if
				the unit is located less than three hundred (300) feet away from an occupied
				building not located on the same property on which the heater is installed,
				unless the outdoor hydronic heater has been certified to meet the emission
				limits in 40 CFR 60, Subpart QQQQ*.
(b) A person shall burn only clean wood or
				other approved renewable solid fuel in an outdoor hydronic heater.
(c) A person shall not burn any of the
				following items in an outdoor hydronic heater:
(1) Any wood that does not meet the
				definition of clean wood.
(2)
				Garbage.
(3) Tires.
(4) Lawn clippings or yard waste.
(5) Materials containing plastic.
(6) Materials containing rubber.
(7) Waste petroleum products.
(8) Paints and paint thinners.
(9) Chemicals.
(10) Coal.
(11) Glossy or colored papers.
(12) Construction and demolition
				debris.
(13) Plywood.
(14) Particleboard.
(15) Manure.
(16) Animal remains.
(17) Asphalt products.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 4 - BURNING REGULATIONS › Rule 3 - Outdoor Hydronic Heaters › Section 3-6 - Notice to buyers

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-17-1-1; IC 13-17-3-4
Affected: IC 13-17-1-3; IC 13-17-3
Sec. 6.
(a) After
				the effective date of this rule, a person shall not distribute or sell or
				install any outdoor hydronic heater unless the seller or dealer provides the
				buyer or lessee with a copy of this rule.
(b) The buyer or lessee must sign a notice at
				the time of purchase or lease that includes the following:
(1) A statement acknowledging receipt of the
				rule, as follows: "I, (buyer or lessee's name), have been provided a copy of
				326 IAC 4-3 (Outdoor Hydronic Heater rule) from (seller or dealer's name) at
				the time of my purchase or lease".
(2) The name, address, and telephone number
				of both the seller or dealer and the buyer or lessee.
(3) The address of the location where the
				outdoor hydronic heater will be installed.
(4) The make and model of the outdoor
				hydronic heater.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 1.
(a) This rule
				applies to opacity, not including condensed water vapor, emitted by or from a
				facility or source. The limitations set forth in section 2 of this rule shall
				not apply to facilities for which specific opacity limitations have been
				established in 326 IAC 6, 326 IAC 6.5, 326 IAC 6.8, 326 IAC 11, or 326 IAC
				12.
(b) Section 2(1) of this rule
				applies to sources or facilities located in areas not listed in this
				section.
(c) Section 2(2) of this
				rule applies to sources or facilities located in the following areas:
(1) Clark County, Jeffersonville
				Township.
(2) Dearborn County,
				Lawrenceburg Township.
(3) Dubois
				County, Bainbridge Township.
(4)
				Lake County, an area bounded on the north by Lake Michigan, on the west by the
				Indiana-Illinois state line, on the south by U.S. 30 from the state line to the
				intersection of I-65 to the intersection of I-94 then following I-94 to the
				Lake-Porter county line, and on the east by the Lake-Porter county
				line.
(5) Marion County, except the
				area of Washington Township east of Fall Creek and the area of Franklin
				Township south of Thompson Road and east of Five Points Road.
(6) St. Joseph County, the area north of Kern
				Road and east of Pine Road.
(7)
				Vanderburgh County, the area included in the city of Evansville and Pigeon
				Township.
(8) Vigo County, the area
				within a five-tenths (0.5) kilometer radius circle centered at UTM Coordinates
				Zone 16 East four hundred sixty-four and fifty-two hundredths (464.52)
				kilometers North four thousand three hundred sixty-nine and twenty-one
				hundredths (4,369.21) kilometers.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-2 - Opacity limitations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-11; IC 13-17
Sec. 2.
Opacity from a source or facility shall not exceed any of the
				  following limitations, and, unless otherwise stated, opacity levels shall be
				  observed in accordance with the procedures set forth in section 4 of this rule:
(1) Sources or facilities of opacity
				located in areas not listed in section 1(c) of this rule shall meet the
				following limitations:
(A) Opacity shall not
				exceed an average of forty percent (40%) in any one (1) six (6) minute
				averaging period.
(B) Opacity shall
				not exceed sixty percent (60%) for more than a cumulative total of fifteen (15)
				minutes (sixty (60) readings as measured according to 40 CFR 60, Appendix A,
				Method 9* or fifteen (15) one (1) minute nonoverlapping integrated averages for
				a continuous opacity monitor) in a six (6) hour period.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-3 - Temporary alternative opacity limitations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 3.
(a) The
				following applies, except as otherwise provided in subsections (c) through (e).
				When building a new fire in a boiler, or shutting down a boiler, opacity may
				exceed the applicable limit established in section 2 of this rule; however,
				opacity levels shall not exceed sixty percent (60%) for any six (6) minute
				averaging period. Opacity in excess of the applicable limit established in
				section 2 of this rule shall not continue for more than two (2) six (6) minute
				averaging periods in any twenty-four (24) hour period.
(b) The following applies, except as
				otherwise provided in subsections (c) through (e). When removing ashes from the
				fuel bed or furnace in a boiler or blowing tubes, opacity may exceed the
				applicable opacity limit established in section 2 of this rule; however,
				opacity shall not exceed sixty percent (60%) for any six (6) minute averaging
				period and opacity in excess of the applicable limit shall not continue for
				more than one (1) six (6) minute averaging period in any sixty (60) minute
				period. The averaging periods shall not be permitted for more than three (3)
				six (6) minute averaging periods in a twelve (12) hour period.
(c) For sources that are not boilers and are
				not located in Lake County, the commissioner may grant the same temporary
				alternative opacity limitation with the same opacity level and duration as is
				granted to boilers under subsection (a) or (b) provided that the facility
				proves to the satisfaction of the commissioner that the temporary alternative
				opacity limitation is needed and that during periods of startup and shutdown or
				when removing ashes or blowing tubes, owners and operators shall, to the extent
				practicable, maintain and operate an affected facility, including air pollution
				control equipment, in a manner consistent with good air pollution control
				practice for minimizing emissions. Determination of whether acceptable
				operating and maintenance procedures are being used shall be based on
				information provided to the commissioner upon request, which may include, but
				is not limited to, the following:
(1)
				Monitoring results.
(2) Opacity
				observations.
(3) Review of
				operating and maintenance procedures.
(4) Inspection of the source.
The commissioner may require a source to install a certified
				  opacity emissions monitor, where technically feasible, operate the certified
				  opacity emissions monitor in accordance with procedures specified in 326 IAC 3,
				  and maintain other records needed to verify compliance with the temporary
				  alternative opacity limitation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-4 - Compliance determination

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 4.
(a)
				Determination of opacity from sources or facilities to which this rule applies
				shall be made in accordance with subdivision (1) or (2) as follows:
(1) Determination of opacity by means of
				visible emissions readings shall be made in accordance with 40 CFR 60, Appendix
				A, Method 9*.
(2) For a source or
				facility in compliance with the requirements of 326 IAC 3-5, determination of
				compliance with visible emission limitations established in this rule may also
				be made in accordance with a source's or facility's continuous monitoring
				equipment if determined appropriate by the department or the U.S.
				EPA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-5 - Violations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 5.
(a) Except as
				provided in section 4(b) of this rule, a violation of this rule shall
				constitute prima facie evidence of a violation of the applicable mass emission
				limitation. A violation of the mass emission rule may be refuted by a
				performance test conducted in accordance with 326 IAC 3-6. The test shall
				refute the mass emission violation only if the source is shown to be in
				compliance with the allowable mass emission limit. An exceedance of the
				allowable opacity emission limit during a performance test shall not be treated
				as a violation of the applicable mass emission limitation if, during the test
				described in 326 IAC 3-6, the source demonstrates compliance with the allowable
				mass emission limit while simultaneously having opacity more than or equal to
				the reading at which the exceedance was originally observed.
(b) If a source or facility believes it can
				operate in compliance with the applicable mass emission limitation, but exceeds
				the limits specified in section 2 of this rule, the owner or operator may
				submit a written petition to the commissioner requesting that an alternate
				opacity limitation (AOL) be established, as follows:
(1) The petition must be submitted to the
				commissioner, and a copy submitted to the local air pollution control agency,
				if applicable, not later than sixty (60) days prior to the scheduled
				performance test date. The petition must contain, contain, at a minimum, the
				following information:
(A) Source name and
				address.
(B) Address of affected
				source if different from clause (A).
(C) List of potentially affected
				parties.
(D) Identification of
				control device or devices and typical operating parameters.
(E) Applicable particulate matter (PM,
				PM10, or PM2.5) and opacity
				limits.
(F) Other applicable rule
				requirements or permit conditions.
(G) Proposed alternative opacity
				limit.
(H) The reason or reasons
				for requesting the alternative opacity limit.
(I) Complete test protocol in accordance with
				326 IAC 3-6.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-7 - State implementation plan revisions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 7.
Exemptions given or provisions granted by the commissioner in
				  accordance with section 3(c), 3(d), or 5(b) of this rule shall be submitted to
				  the U.S. EPA as a SIP revision and shall not become effective until approved as
				  a SIP revision by the U.S. EPA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 5 - PACITY REGULATIONS › Rule 1 - OPACITY REGULATIONS › Section 1-8 - Site-specific temporary alternative opacity limitations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-17
Sec. 8.
(a) If the
				commissioner has approved a temporary alternative opacity limitation for a
				source in accordance with section 3(d) of this rule, the source may comply with
				the site-specific temporary alternative opacity limitations applicable to the
				source in accordance with this section.
(b) In accordance with section 3(d) of this
				rule, Indiana Michigan Power Company (dba American Electric Power) Rockport
				Units #1 and #2, located in Spencer County, when burning fuels identified in
				section 3(d)(1) of this rule shall comply with the following temporary
				alternative opacity limitations:
(1) When
				building a new fire in a boiler, opacity may exceed the applicable limitation
				established in section 2 of this rule for a period not to exceed a total of two
				(2) hours (twenty (20) six (6) minute averaging periods) during the startup
				period, or until the flue gas temperature reaches two hundred fifty (250)
				degrees Fahrenheit at the inlet of the electrostatic precipitators, whichever
				occurs first.
(2) When shutting
				down a boiler, opacity may exceed the applicable limitation established in
				section 2 of this rule once the flue gas temperature has dropped below two
				hundred fifty (250) degrees Fahrenheit at the inlet of the electrostatic
				precipitators for a period not to exceed a total of one and one-half (1.5)
				hours (fifteen (15) six (6) minute averaging periods) during the shutdown
				period.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 6 - PARTICULATE RULES › Rule 2 - Particulate Emission Limitations for Sources of Indirect Heating › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC
				  13-17-3-12
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) This rule
				establishes limitations for sources of indirect heating.
(b) Particulate emissions from the combustion
				of fuel for indirect heating from all facilities located in Lake, Porter,
				Marion, Boone, Hamilton, Hendricks, Johnson, Morgan, Shelby, and Hancock
				Counties, which were existing and in operation or which received permit to
				construct prior to September 21, 1983, shall be limited by section 2 of this
				rule.
(c) Particulate emissions
				from the combustion of fuel for indirect heating from all facilities not
				specified in subsection (b), which were existing and in operation or which
				received permits to construct prior to September 21, 1983, shall be limited by
				section 3 of this rule.
(d)
				Particulate emissions from the combustion of fuel for indirect heating from all
				facilities receiving permits to construct on or after September 21, 1983, shall
				be limited by section 4 of this rule.
(e) If any limitation established by this
				rule is inconsistent with applicable limitations contained in 326 IAC 6.5 and
				326 IAC 6.8, then the limitations contained in 326 IAC 6.5 and 326 IAC 6.8
				prevail.
(f) If any limitation
				established by this rule is inconsistent with applicable limitations contained
				in 326 IAC 12 concerning new source performance standards, then the limitations
				contained in 326 IAC 12 prevail.
(g) If any limitation established by this
				rule is inconsistent with a limitation contained in a facility's construction
				or operation permit as issued pursuant to 326 IAC 2 concerning permit review
				regulations, then the limitations contained in the source's current permits
				prevail.
(h) If any limitation
				established by this rule is inconsistent with a limitation required by 326 IAC
				2 concerning permit review regulations, to prevent a violation of the ambient
				air quality standards set forth in 326 IAC 1-4, then the limitations required
				by 326 IAC 2 prevail.
(i) The
				addition of a new facility at a source does not affect the limitations of the
				existing facilities unless such changes in the limitations are required by the
				provisions of 326 IAC 2, 326 IAC 6.5, or 326 IAC 6.8.