reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-5 - Operating permit content

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. 5.
(a) Permits
				or permit revisions issued under this rule shall contain the following:
(1) Emission limitations for any source or
				emissions unit that assure compliance with the requirements of this title and
				the requirements of the CAA will be maintained.
(2) Monitoring, testing, reporting, and
				record keeping requirements that assure reasonable information is provided to
				evaluate compliance consistent with the permit terms and conditions, the
				underlying requirements of this title and the CAA. Such requirements shall be
				in accordance with 326 IAC 3 and other applicable regulations.
(3) A requirement that any revision of an
				emission limitation, monitoring, testing, reporting, and record keeping
				requirements shall be made consistent with the permit revision requirements
				under section 6 of this rule and the procedures under this rule.
(4) A requirement that upon presentation of
				credentials and other documents as may be required by law, the owner or
				operator shall allow the commissioner, an authorized representative of the
				commissioner, or the U.S. EPA to perform the following at a reasonable time of
				day and in accordance with safety requirements:
(A) Enter upon the premises where a permitted
				source is located or emissions-related activity is conducted or where records
				required by a permit term or condition are kept.
(B) Have access to and copy any records that
				must be kept under this title or the conditions of a permit or operating permit
				revision.
(C) Inspect any
				operations, processes, emissions units (including monitoring and air pollution
				control equipment), or practices regulated or required under a permit or
				operating permit revision.
(D)
				Sample or monitor substances or parameters for the purpose of assuring
				compliance with a permit, permit revision, or applicable requirement as
				authorized by the CAA and this title.
(E) Document alleged violations using cameras
				or video equipment. Such documentation may be subject to a claim of
				confidentiality under 326 IAC 17.1.
(5) A requirement that an authorized
				individual provide an annual notice to the department that the source is in
				operation and in compliance with the permit or registration. The commissioner
				may request that the source provide an identification of all emission units
				that have been installed that are described under
				326 IAC 2-1.1-3(e)(1)
				 through
				326 IAC 2-1.1-3(e)(31)
				 with the annual
				notification.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-6 - Permit revisions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 6.
(a) Any
				person proposing to construct new emission units, modify existing emission
				units, or otherwise modify the source as described in this section shall submit
				an application or notification for a permit revision in accordance with this
				rule.
(b) Notwithstanding any other
				provision of this rule, the owner or operator of a source may repair or replace
				an emissions unit or air pollution control equipment or components thereof,
				without prior approval, if the repair or replacement:
(1) results in a potential to emit for each
				regulated pollutant that is less than or equal to the potential to emit of the
				equipment or the affected emissions unit that was repaired or
				replaced;
(2) is not a major
				modification under
				326 IAC 2-2-1,
				326 IAC 2-3-1, or 326
				IAC 2-4.1; and
(3) returns the
				emissions unit, process, or control equipment to normal operation after an
				upset, malfunction, or mechanical failure or prevents impending and imminent
				failure of the emissions unit, process, or control equipment.
If the repair or replacement qualifies as a reconstruction or
				  is a complete replacement of an emissions unit or air pollution control
				  equipment and would require a permit or operating permit revision under a
				  provision of this rule, the owner or operator of the source must submit an
				  application for a permit or permit revision to the commissioner not later than
				  thirty (30) calendar days after initiating the repair or replacement.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-7 - Operating permit renewal

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-3-2; IC
				  13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a) Operating
				permit terms are as follows:
(1) A new
				operating permit shall be valid for a period of time not to exceed five (5)
				years.
(2) An operating permit
				renewal shall be valid for a period of time not to exceed ten (10)
				years.
(3) New operating permits
				and operating permit renewals may be valid for a period of time less than
				stated in subdivision (1) or (2) if determined necessary for administrative
				reasons by the commissioner.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-1 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-11-2
Sec. 1.
For purposes of this rule, the definition given for a term in
				  this rule shall control in any conflict between 326 IAC 1-2 and this rule. In
				  addition to the definitions provided in IC 13-11-2, 326 IAC 1-2, and 326 IAC
				  2-1.1, the following definitions apply throughout this rule unless expressly
				  stated otherwise or unless the context clearly implies otherwise:
(1) "Acid rain program" means the national
				sulfur dioxide and nitrogen oxides air pollution control and emissions
				reduction program established in accordance with Title IV of the CAA, 40 CFR 72
				*, and 40 CFR 75 * through 40 CFR 78 *, 58 FR 3590*, and regulations
				implementing Sections 407 and 410 of the CAA.
(2) "Actual emissions" means the actual rate
				of emissions in tons per year of any regulated pollutant emitted from a Part 70
				source over the preceding calendar year or any other period determined by the
				commissioner to be representative of normal source operation.
(3) "Affected source" shall have the meaning
				given to it in the regulations promulgated under Title IV of the CAA.
(4) "Affected states" means all states:
(A) whose air quality may be affected and are
				contiguous to the state of Indiana; or
(B) that are within fifty (50) miles of the
				permitted source.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-2 - 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. 2.
(a) The
				following sources are required to have a Part 70 permit:
(1) Any major source as defined in section
				1(22) of this rule.
(2) Any source,
				including an area source, subject to a standard, a limitation, or other
				requirement under Section 111 of the CAA.
(3) Any source, including an area source,
				subject to a standard or other requirement under Section 112 of the CAA, or
				required to have a Part 70 permit under 326 IAC 20, except that a source is not
				required to obtain a Part 70 permit solely because it is subject to regulations
				or requirements under Section 112(r) of the CAA.
(4) Any affected source as defined in section
				1(3) of this rule.
(5) Any source
				in a source category designated by the U.S. EPA under 40 CFR 70.3 *.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-3 - Requirement for a permit

Current through July 10, 2024
Authority: IC 13-15; IC 13-17
Affected: IC 13-11
Sec. 3.
Except as provided in this section, 40 CFR 70.4(b)(12)(i) *,
				  and section 12(b) and 12(c) of this rule, no Part 70 source may operate after
				  the time that it is required to submit a timely and complete application except
				  in compliance with a Part 70 permit issued under this rule. If a Part 70 source
				  submits a timely and complete application for Part 70 permit issuance
				  (including for renewal), the source's failure to have a Part 70 permit is not a
				  violation of this rule until the commissioner takes final action on a Part 70
				  permit application except as noted in this subsection. This protection shall
				  cease to apply if, subsequent to the completeness determination made under
				  section 8(c) of this rule, and as required by section 4(a)(2) of this rule, the
				  applicant fails to submit by the deadline specified in writing by the
				  commissioner any additional information identified as being needed to process
				  the application.
*This document is 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 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-4 - Permit application

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) The owner
				or operator of each Part 70 source has a duty to submit a timely and complete
				permit application as follows:
(1) An
				application is timely if the following conditions are met:
(A) For a first time applicant, a timely
				application is an application that is submitted within twelve (12) months after
				the source becomes subject to the Part 70 permit program unless the
				commissioner establishes otherwise in accordance with clause (C). A source
				becomes subject to the Part 70 permit program:
(i) on December 14, 1995, if the source is in
				existence and meets an applicability criterion of section 2 of this rule on
				that date; or
(ii) for other
				sources, on the date on which a source first meets an applicability criterion
				of section 2 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-5 - Permit content

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-16-2-1; IC 13-17
Sec. 5.
The following shall be included in each Part 70 permit issued
				  under this rule:
(1) Emission
				limitations and standards, including those operational requirements and
				limitations that assure compliance with all applicable requirements and any
				additional requirement that is enforceable by the state at the time of a Part
				70 permit issuance. The Part 70 permit shall include the following:
(A) The Part 70 permit shall:
(i) specify and reference the origin of and
				authority for each term or condition; and
(ii) identify any difference in form as
				compared to the applicable requirement upon which the term or condition is
				based.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-6 - Compliance requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 6.
Each Part 70 permit issued under this rule shall contain the
				  following requirements with respect to compliance:
(1) Compliance certification, testing,
				monitoring, reporting, and record keeping requirements sufficient to assure
				compliance with the terms and conditions of a Part 70 permit consistent with
				section 5(3) of this rule. Any document (including reports) required by a Part
				70 permit shall contain a certification by a responsible official that meets
				the requirements of section 4(f) of this rule.
(2) Inspection and entry requirements that
				require that, upon presentation of credentials and other documents as may be
				required by law, the permittee shall allow the commissioner, an authorized
				representative of the commissioner, or the U.S. EPA to perform the following:
(A) Enter upon the permittee's premises
				where:
(i) a Part 70 source is located or
				emissions related activity is conducted; or
(ii) records must be kept under the
				conditions of a Part 70 permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-7 - Federally enforceable requirements

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 4-22-9-5
Sec. 7.
(a) All terms
				and conditions in a Part 70 permit, including any provisions designed to limit
				a source's potential to emit, are enforceable by the U.S. EPA and citizens
				under the CAA.
(b) Notwithstanding
				subsection (a), the commissioner shall specifically designate as not being
				federally enforceable under the CAA, any terms and conditions included in a
				Part 70 permit that are not required under the CAA or under any of its
				applicable requirements. Permit terms and conditions so designated are not
				subject to the requirements of this section, and are not subject to the U.S EPA
				and affected state review provisions in sections 8, 9, 11, 12, 17, and 18 of
				this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-8 - Permit issuance, renewal, and revisions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 8.
(a) A Part 70
				permit, Part 70 permit modification, or renewal may be issued only if all of
				the following conditions have been met:
(1)
				The commissioner has received a complete application for a Part 70 permit,
				permit modification, or Part 70 permit renewal, except that a complete
				application need not be received before issuance of a general Part 70 permit
				under section 13 of this rule.
(2)
				Except for administrative amendments under section 11 of this rule, the
				commissioner has complied with the requirements for public notice under section
				17 of this rule.
(3) The
				commissioner has complied with the requirements of section 17 of this rule for
				notifying and responding to affected states.
(4) The conditions of a Part 70 permit
				provide for compliance with all applicable requirements and the requirements of
				this rule.
(5) The U.S. EPA has
				received a copy of the proposed Part 70 permit and any notices required and has
				not objected to issuance of the Part 70 permit within the time period specified
				in section 18(b), 18(c), or 18(d) of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-9 - Permit reopening

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. 9.
(a) A permit
				shall be reopened and revised under any of the following circumstances:
(1) Additional applicable requirements under
				the CAA become applicable to a major Part 70 source with a remaining Part 70
				permit term of three (3) or more years. Such a permit reopening and revision
				shall be completed not later than eighteen (18) months after promulgation of
				the applicable requirement. No such reopening and revision is required if the
				effective date of the new applicable requirement is later than the date on
				which a Part 70 permit is due to expire, unless the existing Part 70 permit or
				any of its terms or conditions has been extended under section 4(a)(2)(E) of
				this rule.
(2) Additional
				requirements (including excess emissions requirements) become applicable to an
				affected source under the acid rain program. Upon approval by the U.S. EPA,
				excess emissions offset plans shall be deemed to be incorporated into a Part 70
				permit.
(3) The commissioner or the
				U.S. EPA determines any of the following:
(A)
				That a Part 70 permit contains a material mistake.
(B) That inaccurate statements were made in
				establishing the emissions standards or other terms or conditions of a Part 70
				permit.
(C) That a Part 70 permit
				must be revised or revoked to assure compliance with an applicable
				requirement.
(4) If the
				U.S. EPA fails to promulgate a standard for a pollutant listed under Section
				112(b) of the CAA according to the schedule required in Section 112(e) of the
				CAA, the commissioner shall make the emission limitations determination for
				each affected category or subcategory of a major source on a case-by-case
				basis. Emission limitations established on a case-by-case basis shall be no
				less stringent than the standards established in 326 IAC 2-4.1.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-10 - Permit expiration

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 10.
A Part 70 permit expiration terminates the source's right to
				  operate unless a timely and complete renewal application has been submitted
				  consistent with sections 3 and 4(a) of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-10.5 - Part 70 permits; source modifications

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 10.5.
(a) An
				owner or operator of a Part 70 source proposing to:
(1) construct new emission units;
(2) modify existing emission units;
				or
(3) otherwise modify the source
				as described in this section;
shall submit a request for a modification approval in
				  accordance with this section.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-11 - Administrative permit amendments

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 11.
(a) An
				administrative permit amendment is a Part 70 permit revision that does any of
				the following:
(1) Corrects typographical
				errors.
(2) Identifies a change in
				the name, address, or telephone number of any person identified in the Part 70
				permit or provides a similar minor administrative change at the
				source.
(3) Requires more frequent
				monitoring or reporting by the permittee.
(4) Allows for a change in ownership or
				operational control of a source where the commissioner determines that no other
				change in a Part 70 permit is necessary, provided that a written agreement
				containing a specific date for transfer of a Part 70 permit responsibility,
				coverage, and liability between the current and new permittee has been
				submitted to the commissioner.
(5)
				Incorporates into a Part 70 permit the requirements from preconstruction
				permits issued under section 10.5 of this rule that have satisfied the
				requirements of sections 17 and 18 of this rule as appropriate.
(6) Incorporates into a Part 70 permit a
				general permit issued under section 13 of this rule.
(7) Revises descriptive information where the
				revision will not trigger a new applicable requirement or violate a permit
				term.
(8) Incorporates:
(A) an exempt unit as described in 326 IAC
				2-1.1-3;
(B) an insignificant
				activity as defined in 326 IAC 2-7-1(21); or
(C) a PAL small emissions unit as defined in
				326 IAC 2-2.4-2(l) or 326 IAC 2-3.4-2(l); that does not otherwise constitute a
				modification for purposes of section 10.5 or 12 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-12 - Permit modification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 12.
(a) A Part
				70 permit modification is any revision to a Part 70 permit that cannot be
				accomplished under the program's provisions for administrative permit
				amendments under section 11 of this rule. A permit modification, for purposes
				of the acid rain portion of the permit, shall be governed by regulations
				promulgated under Title IV of the CAA.
(b) Minor permit modification procedures
				shall be as follows:
(1) Minor permit
				modification procedures may be used only for those permit modifications that
				meet the following requirements:
(A) Do not
				violate any applicable requirement.
(B) Do not involve significant changes to
				existing monitoring, reporting, or record keeping requirements in the Part 70
				permit.
(C) Do not require or
				change a:
(i) case-by-case determination of an
				emission limitation or other standard;
(ii) source specific determination for
				temporary sources of ambient impacts; or
(iii) visibility or increment
				analysis.
(D) Do not
				seek to establish or change a Part 70 permit term or condition for which there
				is no corresponding underlying applicable requirement and that the source has
				assumed to avoid an applicable requirement to which the source would otherwise
				be subject. The terms and conditions include the following:
(i) A federally enforceable emissions cap
				assumed to avoid classification as a modification under any provision of Title
				I of the CAA.
(ii) An alternative
				emissions limit approved under regulations promulgated under Section 112(i)(5)
				of the CAA.
(E) Are not
				modifications under any provision of Title I of the CAA.
(F) Are not required by the Part 70 program
				to be processed as a significant modification.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-13 - General permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 13.
(a) A
				general permit may be issued subject to the following conditions:
(1) A Part 70 general permit must comply with
				all requirements applicable to other Part 70 permits and must identify criteria
				by which sources may qualify for the general permit.
(2) The commissioner may, after complying
				with notice and opportunity for public participation provided under section 17
				of this rule, issue a general permit covering numerous similar sources. In
				providing an opportunity for public comment, the commissioner shall publish
				notice on the department website.
(3) General permits must be provided for
				public review through electronic access on the department website for the
				duration of the public comment period.
(4) General permits must not be authorized
				for affected sources under the acid rain program unless otherwise provided in
				regulations promulgated under Title IV of the CAA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-14 - Temporary source permits

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 14.
The commissioner may issue a single Part 70 permit
				  authorizing emissions from similar operations by the same source owner or
				  operator at multiple temporary locations. The operation must be temporary and
				  involve at least one (1) change of location during the term of a Part 70
				  permit. No affected source shall be permitted as a temporary source. Part 70
				  permits for temporary sources shall include the following:
(1) Conditions that will assure compliance
				with all applicable requirements at all authorized locations.
(2) Requirements that the owner or operator
				notify the commissioner at least ten (10) days in advance of each change in
				location.
(3) Conditions that
				assure compliance with all other provisions of sections 5 through 7, 13, 15,
				and 16 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-15 - Permit shield

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 15.
(a) Except
				as provided in this rule, the commissioner shall expressly include in a Part 70
				permit a provision stating that compliance with the conditions of a Part 70
				permit shall be deemed compliance with any applicable requirements as of the
				date of a Part 70 permit issuance, provided either of the following:
(1) The applicable requirements are included
				and are specifically identified in a Part 70 permit.
(2) The commissioner, in acting on the Part
				70 permit application or revision, determines in writing that other
				requirements specifically identified are not applicable to the source, and the
				Part 70 permit includes the determination or a concise summary
				thereof.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-16 - Emergency provision

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. 16.
(a) An
				emergency as defined in section 1(12) of this rule is not an affirmative
				defense for an action brought for noncompliance with a federal or state
				health-based emission limitation, except as otherwise provided in this
				section.
(b) An emergency as
				defined in section 1(12) of this rule constitutes an affirmative defense to an
				action brought for noncompliance with a technology-based emission limitation if
				the affirmative defense of an emergency is demonstrated through properly
				signed, contemporaneous operating logs or other relevant evidence that describe
				the following:
(1) An emergency occurred and
				the permittee can, to the extent possible, identify the causes of the
				emergency.
(2) The permitted
				facility was at the time being properly operated.
(3) During the period of an emergency, the
				permittee took all reasonable steps to minimize levels of emissions that
				exceeded the emission standards or other requirements in a Part 70
				permit.
(4) For an emergency
				lasting one (1) hour or more, the permittee notified the commissioner within
				four (4) daytime business hours after:
(A) the
				beginning of the emergency; or
(B)
				the emergency is discovered or reasonably should have been
				discovered.
(5) The
				permittee submitted notice either in writing or by facsimile of the emergency
				under subdivision (4) to the commissioner within two (2) working days of the
				time when emission limitations were exceeded due to the emergency. This notice
				fulfills the requirements of section 5(3)(C)(ii) of this rule and must contain
				the following:
(A) A description of the
				emergency.
(B) Any steps taken to
				mitigate emissions.
(C) Corrective
				actions taken.
(6) The
				permittee immediately took all reasonable steps to correct the
				emergency.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-17 - Public participation and notice to affected states

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15-5-3
Sec. 17.
(a) Any
				person applying for a Part 70 permit upon land that is either undeveloped or
				for which a valid existing permit has not been issued shall, not more than ten
				(10) working days after submitting the Part 70 permit application, make a
				reasonable effort to provide notice to all owners or occupants of land
				adjoining the land that is the subject of the application. Each applicant shall
				pay the cost of compliance with this requirement. The notice must:
(1) be in writing; and
(2) include:
(A) the date on which the application was
				submitted; and
(B) a brief
				description of the subject of the application.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-18 - Permit review by the U.S. EPA

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-17
Affected: IC 13-11
Sec. 18.
(a) Except
				as otherwise waived by the U.S. EPA, the commissioner shall provide to the U.S.
				EPA a copy of each Part 70 permit application (including any application for
				permit modification), each draft and proposed permit, and each final permit in
				accordance with this section.
(b)
				The commissioner shall submit the draft permit to the U.S. EPA no later than
				the beginning of the thirty (30) day public review period. The thirty (30) day
				public review period and the forty-five (45) day U.S. EPA review period may run
				concurrently in the following manner:
(1) If
				the commissioner receives no comments from the public or any affected state, or
				receives comments that are not based on applicable requirements or the
				requirements of this rule, the commissioner will so notify the U.S. EPA and
				transmit a copy of the draft permit, signed by the commissioner, which shall be
				the proposed permit. The U.S. EPA's review period will end forty-five (45) days
				from the date it initially received the draft permit.
(2) If the commissioner receives comment from
				the public or an affected state that is based on an applicable requirement or a
				requirement of this rule, but determines not to revise the permit, the
				commissioner shall notify the U.S. EPA and any affected state making such
				comment in writing of the determination not to revise the permit and the
				reasons therefore at or after the close of the thirty (30) day public comment
				period. The commissioner shall include a copy of the draft permit, signed by
				the commissioner, which shall be the proposed permit. U.S. EPA's review period
				will end forty-five (45) days from the date it initially received the draft
				permit unless the U.S. EPA notifies the commissioner within fifteen (15) days
				of its receipt of the proposed permit that the full forty-five (45) day review
				period is required.
(3) If the
				commissioner makes revisions to the draft permit in response to comments from
				the public or an affected state, the commissioner shall submit a signed copy of
				the revised permit, which shall be the proposed permit, to the U.S. EPA. The
				U.S. EPA shall complete its review within forty-five (45) days of receipt of
				the revised proposed permit and all necessary supporting
				documentation.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-19 - Fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17
Affected: IC 4-21.5; IC 13-15; IC 13-16-2-1; IC
				  13-17-8
Sec. 19.
(a) Owners
				or operators of Part 70 sources are required to pay annual fees as established
				by 326 IAC 2-1.1-7 and this rule.
(b) A source shall pay the annual fee within
				thirty (30) calendar days of receipt of a billing by the department. The
				department shall bill each source no later than February 1 of each year. A
				source that begins operation for the first time in a given year shall be billed
				on a prorated basis by determining the number of complete months remaining in
				the calendar year and dividing by twelve (12) to determine the percent of the
				annual fee due to the department. If a source subject to this rule does not
				receive a bill from the department, the applicable fee must be submitted to the
				department by April 1 of that year. If an annual fee is being paid under a fee
				schedule established under IC 13-16-2-1, the fee shall be paid in accordance
				with that schedule. Establishment of a fee payment schedule must be consistent
				with the provisions of IC 13-16-2-1, including the determination that:
(1) a single payment of the entire fee is an
				undue hardship on the person; and
(2) the department is not required to assess
				installments separately.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-20 - Operational flexibility

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 20.
(a) An owner
				or operator of a Part 70 source may make any change or changes at the source
				that are described in subsection (b) or (c) without a prior permit revision, if
				each of the following conditions is met:
(1)
				The changes are not modifications under any provisions of Title I of the
				CAA.
(2) The changes do not result
				in emissions that exceed the emissions allowable under the permit (whether
				expressed therein as a rate of emissions or in terms of total
				emissions).
(3) The owner or
				operator of the Part 70 source notifies the commissioner and U.S. EPA in
				advance of the change by written notification given at least ten (10) days in
				advance of the proposed change. The commissioner and the owner or operator of a
				Part 70 source each shall attach every such notice to their copy of the
				relevant permit.
(4) The owner or
				operator of the source maintains records on-site that document, on a rolling
				five (5) year basis, all such changes and emissions trading that are subject to
				subsection (b) or (c) and makes the records available, upon reasonable request,
				to public review. The records shall consist of all information required to be
				submitted to the commission in the notices specified in subsections (b)(1) and
				(c)(1).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-21 - Local agencies

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7-1
Affected: IC 13-7
Sec. 21.
Pursuant to the CAA and if specified in a written agreement
				  with the commissioner, a local air pollution control agency may perform some or
				  all of the functions of the Part 70 permit program. The commissioner and such a
				  local air agency shall enter into an enforceable written agreement documenting
				  the local air agency's and the department's relative Part 70 permit program
				  roles and responsibilities.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 7 - Part 70 Permit Program › Section 7-24 - Establishment of streamlined requirements for units subject to multiple requirements

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. 24.
(a) A source
				owner subject to this rule may request to comply with streamlined requirements
				for any unit subject to multiple requirements for a specific pollutant,
				provided the streamlined requirements are established under the Part 70 permit
				issuance, renewal, or significant permit modification process under this
				rule.
(b) A source proposing the
				streamlining of multiple requirements shall use the following procedures:
(1) The applicant shall submit a proposal for
				the streamlining of multiple requirements with the permit application required
				under section 4 of this rule or any amendment thereof. The proposal for
				streamlining of multiple requirements may be submitted up to thirty (30) days
				after issuance of the draft permit.
(2) The applicant shall provide a
				side-by-side comparison of all requirements included in a streamlining proposal
				that are currently applicable and effective for each specific regulated air
				pollutant and emissions unit for which streamlining is being proposed. The
				applicant shall distinguish between requirements that are emissions standards
				or work practice standards, or both, and monitoring and compliance
				demonstration provisions in the streamlining proposal. The applicant shall
				provide any information the department determines is needed to evaluate the
				proposal.
(3) The applicant shall
				develop and provide a compliance schedule with the streamlining proposal to
				implement any new monitoring requirements or compliance requirements, or both,
				relevant to the streamlined limit, if the source is unable to comply with the
				streamlined limit upon permit issuance. The record keeping, monitoring, and
				reporting requirements of the applicable requirements being subsumed shall
				remain in effect, as well as any emission limits associated with those
				requirements, until the new monitoring requirements or compliance requirements,
				or both, become effective.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-1 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-11-2; IC 13-15; IC 13-17
Sec. 1.
In addition to the definitions provided in IC 13-11-2, 326
				  IAC 1-2, and 326 IAC 2-7, the following definitions apply throughout this rule:
(1) "FESOP" means a federally
				enforceable state operating permit issued in accordance with this
				section.
(2) "FESOP source" means a
				source that has been issued a permit by the commissioner under this
				rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-2 - 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. 2.
(a) A source
				required to have a Part 70 permit as described in 326 IAC 2-7-2(a) may apply to
				the commissioner for a FESOP. Until the commissioner has issued a FESOP for the
				source, the source is subject to all applicable requirements of 326 IAC 2-7. If
				the commissioner has not issued a source that exists on December 14, 1995, a
				final FESOP by December 14, 1996, the source must comply with all provisions of
				326 IAC 2-7.
(b) Any source
				required to obtain a permit under 326 IAC 2-6.1 may apply to the commissioner
				for a FESOP.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-3 - Permit application

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. 3.
(a) The owner
				or operator of a source seeking a FESOP shall submit a complete application on
				such form or forms as the commissioner may establish, or in other application
				formats authorized by the commissioner. An application for a FESOP may be
				submitted at any time. Unless, within ninety (90) days of receipt of an
				application, the commissioner determines that an application is not complete,
				the application shall be deemed to be complete.
(b) In order for an application to be deemed
				complete, it must contain the following:
(1)
				Substantive information required under subsection (c). Applications for a FESOP
				revision must supply substantive information required under subsection (c) only
				as it relates to the proposed change.
(2) Certification by an authorized individual
				that the submitted information is consistent with subsection (d).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-4 - Permit content

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-3-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 4.
The following shall be included in each FESOP issued under
				  this rule:
(1) Emission limitations and
				standards, including those operational requirements and limitations that limit
				the source's capacity to emit any air pollutants such that it does not fall
				within any of the categories listed in 326 IAC 2-7-2(a) and that assure
				compliance with all applicable requirements at the time of FESOP issuance. The
				FESOP shall include the following:
(A) The
				FESOP shall:
(i) specify and reference the
				origin of and authority for each term or condition; and
(ii) identify any difference in form as
				compared to the applicable requirement upon which the term or condition is
				based.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-5 - Compliance requirements for FESOPs

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. 5.
(a) Each
				FESOP shall contain the following requirements:
(1) Compliance certification, testing,
				monitoring, reporting, and record keeping requirements sufficient to assure
				compliance with the terms and conditions of the FESOP. Any document (including
				reports) required by a FESOP shall contain a certification by an authorized
				individual that meets the requirements of section 3(d) of this rule. Compliance
				certification requirements shall include the following:
(A) The frequency of submissions of
				compliance certifications.
(B) In
				accordance with section 4(3) of this rule, a means for monitoring the
				compliance of the source with its emissions limitations, standards, and work
				practices.
(C) A requirement that
				the compliance certification include the following:
(i) The identification of each term or
				condition of the FESOP that is the basis of the certification.
(ii) The compliance status.
(iii) Whether compliance was continuous or
				intermittent.
(iv) The methods used
				for determining the compliance status of the source, currently and over the
				reporting period.
(v) Such other
				facts as the commissioner may require to determine the compliance status of the
				source.
(D) Such
				additional requirements as may be specified under Sections 114(a)(3) and 504(b)
				of the CAA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-6 - Federally enforceable requirements

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 4-22-9-5
Sec. 6.
(a) The
				commissioner may not issue a FESOP that waives, or makes less stringent, any
				limitation or requirement contained in or issued under the state implementation
				plan (SIP) or requirements that are otherwise federally enforceable under the
				CAA. Permits that do not conform to the requirements of this rule and the
				requirements of U.S. EPA's underlying regulations may be deemed by the U.S. EPA
				not federally enforceable.
(b) All
				terms and conditions in a FESOP, including any provisions designed to limit a
				source's potential to emit, are enforceable by the U.S. EPA and citizens under
				the CAA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-7 - Permit issuance, renewal, and revisions

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. 7.
(a) A FESOP,
				FESOP modification, or renewal may be issued only if all of the following
				conditions have been met:
(1) The commissioner
				has received a complete application for a FESOP, FESOP modification, or FESOP
				renewal.
(2) The commissioner has
				complied with the requirements for public notice under section 13 of this
				rule.
(3) The conditions of the
				FESOP provide for compliance with all applicable requirements and the
				requirements of this rule.
(4) The
				U.S. EPA has received a copy of the draft FESOP and any notices required and
				has either:
(A) not objected to the issuance
				of the FESOP not later than thirty (30) days after receipt of the draft FESOP;
				or
(B) confirmed that the
				commissioner has adequately addressed an objection.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-8 - Permit reopening

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15-7; IC 13-17
Sec. 8.
(a) A permit
				may be reopened and revised under any of the circumstances listed in IC 13-15-7
				or if the commissioner determines any of the following:
(1) That a FESOP contains a material
				mistake.
(2) That inaccurate
				statements were made in establishing the emissions standards or other terms or
				conditions of a FESOP.
(3) That a
				FESOP must be revised or revoked to assure compliance with an applicable
				requirement.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-9 - Permit expiration

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 9.
FESOP expiration terminates the source's right to operate
				  unless a timely and complete renewal application has been submitted consistent
				  with sections 3(h) and 7 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-11.1 - Permit revisions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 11.1.
(a) Any
				person proposing to add additional emission units, modify existing emission
				units, or otherwise modify a FESOP source as described in this section shall
				submit a permit revision request in accordance with this section.
(b) Notwithstanding any other provision of
				this rule, the owner or operator of a source may repair or replace an emissions
				unit or air pollution control equipment, or components thereof, without prior
				approval, if the repair or replacement:
(1)
				results in a potential to emit for each regulated pollutant that is less than
				or equal to the potential to emit for the equipment or the affected emissions
				unit that was repaired or replaced;
(2) is not a major modification under 326 IAC
				2-2-1, 326 IAC 2-3-1, or 326 IAC 2-4.1; and
(3) returns the emissions unit, process, or
				control equipment to normal operation after an upset, malfunction, or
				mechanical failure or prevents impending and imminent failure of the emissions
				unit, process, or control equipment.
If the repair or replacement qualifies as a reconstruction or
				  is a complete replacement of an emissions unit or air pollution control
				  equipment and would require a permit or operating permit revision under a
				  provision of this rule, the owner or operator of the source must submit an
				  application for a permit or permit revision to the commissioner not later than
				  thirty (30) calendar days after initiating the repair or replacement.