reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-12 - 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. 12.
(a) An
				emergency as defined in 326 IAC 2-7-1(12) 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 326 IAC
				2-7-1(12) constitutes an affirmative defense to an action brought for
				noncompliance with a health-based or 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 FESOP.
(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 requirement of
				section 4(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 8 - Federally Enforceable State Operating Permit Program › Section 8-13 - Public notice

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5-3; IC 13-17
Sec. 13.
(a) Any
				person applying for a FESOP 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 FESOP 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 be in writing and include the date on
				which the application was submitted and a brief description of the subject of
				the application.
(b) Each applicant
				for a FESOP shall complete the following:
(1)
				Place a copy of the permit application or permit modification application, and
				any information submitted to the department for public review at a library in
				the county where the source is or will be located not later than ten (10) days
				after submitting the permit application, permit modification application, or
				additional information to the department.
(2) Provide the commissioner with the
				location of the library where the copy may be found.
(3) Comply with the requirements of
				subdivisions (1) and (2) when providing any additional material regarding the
				application to the department.
(4)
				The applicant may remove the FESOP application and related information
				previously placed at the public library anytime not earlier than sixty (60)
				days after the final FESOP has 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 8-14 - Review by U.S. EPA

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-10
Affected: IC 13-7
Sec. 14.
The commissioner shall provide to the U.S. EPA a copy of each
				  draft and final FESOP.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-15 - Operational flexibility

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. 15.
(a) An owner
				or operator of a FESOP 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 FESOP source notifies the commissioner and U.S. EPA in advance
				of the change, with the information described in subsections (b) and (c), by
				written notification given at least ten (10) days in advance of the proposed
				change.
(4) The commissioner and
				the owner or operator of a FESOP source each shall attach every such notice to
				their copy of the relevant permit.
(5) The owner or operator of the source:
(A) maintains records on-site that document,
				on a rolling five (5) year basis, all such changes and emissions trading that
				are subject to subsections (b) and (c); and
(B) makes the records available, upon
				reasonable request, for public review.
The records shall consist of all information required to be
				  submitted to the commissioner in the notices specified in subsection
				  (b)(1).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-16 - Fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15; IC 13-16-2-1; IC 13-17-8
Sec. 16.
(a) The
				application fee for an initial FESOP shall be billed in accordance with 326 IAC
				2-1.1-7(e)(1) unless a source is subject to an application fee established
				under section 18 of this rule.
(b)
				A source that has been issued a FESOP under this rule shall pay an annual
				operating fee in accordance with 326 IAC 2-1.1-7(e)(5) upon billing by the
				department unless a source is subject to an annual operating fee established
				under section 18 of this rule. If an annual operating fee is being paid under a
				fee payment schedule established under IC 13-16-2-1, the fee shall be paid
				according to the established 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.
For sources that submit an application for a FESOP after
				  December 31, 1995, a source that has been issued a FESOP shall not be assessed
				  an annual operating fee in the billing cycle immediately following issuance of
				  the FESOP, but shall be assessed the annual operating fee in subsequent billing
				  cycles.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-17 - Local agencies

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7-1
Affected: IC 13-7
Sec. 17.
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 FESOP 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 FESOP program roles and
				  responsibilities.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 8 - Federally Enforceable State Operating Permit Program › Section 8-18 - FESOP general permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17°
Affected: IC 13-15; IC 13-16-2-1
Sec. 18.
(a) A FESOP
				general permit may be issued subject to the following conditions:
(1) A FESOP general permit must:
(A) comply with all requirements applicable
				to FESOPs under this rule; and
(B)
				identify criteria by which sources may qualify for the FESOP general
				permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-1 - General provisions

Current through July 10, 2024
Authority: IC 13-15-2; IC
				  13-17-3-4;
				  IC
				  13-17-3-11
Affected: IC 13-11-2; IC 13-14-8
Sec. 1.
(a) The
				definitions in IC 13-11-2, 326 IAC 1-2, 326 IAC 2-7, and 326 IAC 2-8 apply
				throughout this rule.
(b) A source
				may limit its potential to emit by complying with the specific restrictions and
				conditions listed in this rule. A source electing to comply with this rule
				shall apply to the commissioner for a source specific operating agreement. A
				source issued a source specific operating agreement under this rule is not
				subject to 326 IAC 2-6.1 unless otherwise required by state, federal, or local
				law. A source issued a source specific operating agreement pursuant to this
				rule is not subject to 326 IAC 2-5.1 or 326 IAC 2-7 provided the source
				specific operating agreement limits the source's potential to emit below the
				applicability thresholds for 326 IAC 2-5.1 or 326 IAC 2-7. Until the
				commissioner has issued an operating agreement for a source that would
				otherwise be subject to 326 IAC 2-5.1, 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC
				2-8, the source is subject to all applicable requirements of those rules. A
				source complying with this rule may at any time apply for a permit under 326
				IAC 2-5.1, 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8.
(c) The owner or operator of a source seeking
				an operating agreement must submit a request to the commissioner. The request
				must include all information necessary for the commissioner to verify that the
				source meets the applicable restrictions and conditions specified in this rule,
				including the following:
(1) Identifying
				information.
(2) A description of
				the following:
(A) The source's:
(i) nature;
(ii) location;
(iii) design capacity; and
(iv) typical operating schedule.
(B) The nature and amount of
				regulated pollutants emitted in the prior twelve (12) months.
(C) How the source will comply with the
				applicable restrictions and conditions specified in this rule.
(3) Certification by a responsible
				official that the source shall comply with all applicable conditions of this
				rule.
The request must be signed by a responsible official who
				  certifies that the information contained therein is accurate, true, and
				  complete. Any applicable fees specified in this rule must be submitted with the
				  request.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-2.5 - Industrial or commercial surface coating operations not subject to 326 IAC 8-2; graphic arts operations not subject to 326 IAC 8-5-5

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 13-11-2; IC 13-15; IC 13-17
Sec. 2.5.
(a) As used
				in this section, "solvent containing material" means any product used in
				surface coating or graphic arts operations that contains any amount of VOC or
				HAPs, including, but not limited to, the following:
(1) Coatings.
(2) Inks.
(3) Thinners.
(4) Degreasing solvents.
(5) Clean-up solvents.
(6) Other additives.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-3 - Surface coating or graphic arts operations

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. 3.
Any industrial or commercial surface coating operation or
				  graphic arts operation may elect to be subject to this section by complying
				  with the requirements of section 1 of this rule and the following:
(1) Request a source specific operating
				agreement under this section.
(2)
				The total amount of VOC and HAP delivered to all surface coating or graphic
				arts operations at the source shall not exceed the following:
(A) Fifteen (15) pounds per day from surface
				coating or graphic arts operations at sources located outside of Lake and
				Porter counties.
(B) Seven (7)
				pounds per day from surface coating or graphic arts operations at sources
				located in Lake and Porter counties.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-4 - Woodworking operations

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) Any
				woodworking operation subject to 326 IAC 6-1 or 326 IAC 6-3 may elect to be
				subject to this section by complying with the requirements of section 1 of this
				rule and meeting the conditions under subsection (b), (c), (d), (e), or
				(f).
(b) Woodworking operations
				with an air flow of not greater than four hundred thousand (400,000) actual
				cubic feet per minute and that emit not greater than one-thousandth (0.001)
				grain per actual cubic foot of PM10 shall meet the
				following conditions:
(1) Request a source
				specific operating agreement under this section.
(2) The source shall not emit
				PM10 in excess of one-thousandth (0.001) grain per
				actual cubic foot.
(3) The source
				shall discharge no visible emissions to the outside air from the woodworking
				operation.
(4) The source shall not
				at any time exhaust to the atmosphere greater than four hundred thousand
				(400,000) actual cubic feet per minute.
(5) The baghouse is in operation at all times
				that the woodworking equipment is in use.
(6) When venting to the atmosphere, visible
				emissions from the baghouse are observed daily using procedures in accordance
				with 40 CFR 60, Appendix A, Method 22* and normal or abnormal emissions are
				recorded. In the event abnormal emissions are observed for greater than six (6)
				minutes in duration, the following shall occur:
(A) The baghouse shall be
				inspected.
(B) Corrective actions,
				such as replacing or reseating bags, are initiated when necessary.
(7) The baghouse is inspected
				quarterly when vented to the atmosphere.
(8) The owner or operator keeps the following
				records:
(A) Records documenting the date when
				the baghouse vented to the atmosphere.
(B) Quarterly inspection reports when vented
				to the atmosphere.
(C) Visible
				observation reports.
(D) Records of
				corrective actions.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-5 - Abrasive cleaning operations

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. 5.
Any industrial or commercial source of abrasive cleaning
				  operations may elect to be subject to this section by complying with the
				  requirements of section 1 of this rule and the following:
(1) Request a source specific operating
				agreement under this section.
(2)
				All abrasive cleaning operations shall be totally enclosed.
(3) Emissions of particulate matter shall not
				exceed one-hundredth (0.01) grain per actual cubic foot per minute.
(4) Air flow shall not exceed forty thousand
				(40,000) actual cubic feet per minute.
(5) The source shall maintain records on the
				types of air pollution control devices used at the source and the operation and
				maintenance manuals for those devices.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-6 - Grain elevators

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. 6.
Any grain elevator subject to 326 IAC 2-6.1, 326 IAC 2-7, and
				  326 IAC 2-8 may elect to be subject to this section by complying with the
				  requirements of section 1 of this rule and meeting the following
				  conditions:
(1) Request a source
				specific operating agreement under this section.
(2) Grain elevators with storage capacity
				less than or equal to one million (1,000,000) U.S. bushels that contain
				receiving, shipping, or grain storage facilities; headhouse, gallery belt, or
				tripper belt operations; or grain cleaning or grain drying equipment shall
				comply with the following:
(A) Grain elevators
				shall not receive or ship more than three million (3,000,000) U.S. bushels of
				grain annually.
(B) Each source
				shall maintain records of the type and amount of grain received and shipped on
				an annual basis.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-7 - Sand and gravel plants

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. 7.
(a) The
				following definitions apply throughout this section:
(1) "Annual throughput" means the amount of
				material that is being processed through the plant on a calendar year
				basis.
(2) "Sand and gravel" means
				any unconsolidated mixture of fine or coarse aggregate, or both, found in and
				processed from a natural deposit.
(3) "Surfactant" means any chemical additive
				that reduces the surface tension of water.
(4) "Wet process in a pit and quarry
				operation" means the operation in which the aggregate deposit being processed
				has:
(A) been mined from beneath bodies of
				water, such as:
(i) rivers;
(ii) estuaries;
(iii) lakes; or
(iv) oceans; or
(B) a free moisture content of one and
				five-tenths percent (1.5%) by weight or greater.
The aggregate infeed that undergoes such process shall
				  maintain a minimum of one and five-tenths percent (1.5%) by weight throughout
				  the production process.
(5) "Wet suppression systems" means dust
				control devices in a pit and quarry operation that use a pressurized liquid,
				either water or water with a small amount of surfactant, for the controlled
				reduction or elimination of airborne dust or the suppression of such dust at
				its source.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-8 - Crushed stone processing plants

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) The
				following definitions apply throughout this section:
(1) "Annual throughput" means the amount of
				material that is being processed through the plant in a calendar
				year.
(2) "Crushed stone" means any
				composition of limestone, granite, traprock, or any other hard, sound rock that
				is produced by blasting and then crushing.
(3) "Wet process in a pit and quarry
				operation" means the operation in which the aggregate deposit being processed
				has:
(A) been mined from beneath bodies of
				water, such as:
(i) rivers;
(ii) estuaries;
(iii) lakes; or
(iv) oceans; or
(B) a free moisture content of one and
				five-tenths percent (1.5%) by weight or greater.
The aggregate infeed that undergoes such process shall
				  maintain a minimum of one and five-tenths percent (1.5%) by weight throughout
				  the production process.
(4) "Wet suppression systems" means dust
				control devices in a pit and quarry operation that use a pressurized liquid,
				either water or water with a small amount of surfactant, for the controlled
				reduction or elimination of airborne dust or the suppression of such dust at
				its source.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-9 - Ready-mix concrete batch plants

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. 9.
(a) The
				following definitions apply throughout this section:
(1) "Aggregate" means any combination of
				sand, gravel, and crushed stone in their natural or processed state.
(2) "Aggregate transfer" means the transfer
				of material:
(A) from:
(i) process equipment onto the
				ground;
(ii) the ground into
				hauling equipment;
(iii) hauling
				equipment onto a storage pile; or
(iv) a storage pile into hauling equipment
				for transport; or
(B)
				into an initial hopper for further process.
(3) "Cement" means a powdered substance
				manufactured from calcined carbonate rock (burned lime) and clay that, when
				mixed with water, forms a cohesive and adhesive material that will harden into
				a rigid mass.
(4) "Concrete" means
				a construction material consisting of a coarse and fine aggregate bound by a
				paste of cement and water, which then sets into a hard and compact
				substance.
(5) "Ready-mix concrete
				batch plant" means a facility that prepares and distributes made-to-order
				batches of concrete in bulk or package form.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-10 - Coal mines and coal preparation plants

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. 10.
(a) The
				following definitions apply throughout this section:
(1) "Coal" means all solid fossil fuels
				classified by ASTM designation D388-88* as:
(A) anthracite;
(B) bituminous;
(C) subbituminous; or
(D) lignite.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-11 - Automobile refinishing operations

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) The
				following definitions apply throughout this section:
(1) "Automobile refinishing" has the meaning
				set forth in 326 IAC 8-10-2(5).
(2)
				"Solvent containing material" means any product used in automobile refinishing
				operations that contains any amount of VOC or HAP, including, but not limited
				to, the following:
(A) Pretreatment wash
				primers.
(B) Precoats.
(C) Primers.
(D) Primer surfacers.
(E) Primer sealers.
(F) Topcoats.
(G) Specialty coatings.
(H) Surface preparation products.
(I) Gun cleaning solutions.
(J) Paint removers.
(K) Degreasing solvents.
(L) Hardeners.
(M) Catalysts.
(N) Reducers.
(O) Other additives.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-12 - Degreasing operations

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) An owner
				or operator of a degreasing operation may elect to comply with this section by
				complying with the requirements of section 1 of this rule and the following
				conditions:
(1) Request a source specific
				operating agreement under this section.
(2) The requirements of 326 IAC 8-3 and 326
				IAC 20-6, if applicable.
(3) The
				total amount of VOC and HAP delivered to degreasing operations at the source,
				less the amount of VOC and HAP that is quantified by manifest as having been
				shipped off-site, on an annual rolling average basis as follows:
(A) The total amount of any single HAP from
				degreasing operations shall not exceed eight hundred thirty-three (833) pounds
				per month.
(B) The total amount of
				any combination of HAP from degreasing operations shall not exceed one (1) ton
				per month.
(C) The total amount of
				VOC from degreasing operations at sources located in Lake and Porter counties
				shall not exceed one (1) ton per month.
(D) The total amount of VOC from degreasing
				operations at sources located outside of Lake and Porter counties shall not
				exceed two (2) tons per month.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-13 - External combustion sources

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) The
				following definitions apply throughout this section:
(1) "Boiler" means a device that uses the
				heat generated from combustion of a fuel or electrical resistance to raise the
				temperature of water above the boiling point for water at the operating
				pressure.
(2) "Dryer" means a
				device that uses the heat generated from combustion of a fuel or electrical
				resistance to drive off volatile compounds by evaporation from materials
				processed in such a device.
(3)
				"Oven" means a device that uses the heat generated from combustion of a fuel or
				electrical resistance to cause or expedite a chemical curing process or drive
				off volatile compounds from material processed in such a device.
(4) "Process heater" means a device that uses
				the heat generated from combustion of a fuel or electrical resistance to heat a
				material so as to augment or expedite its processing.
(5) "Space heater" means a device that uses
				the heat generated from combustion of a fuel or electrical resistance to heat
				the air inside a building or otherwise provide comfort heating.
(6) "Water heater" means a device that uses
				the heat generated from combustion of a fuel or electrical resistance to raise
				the temperature of water below the boiling point for water at the operating
				pressure.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 9 - Source Specific Operating Agreement Program › Section 9-14 - Internal combustion sources

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. 14.
(a) Any
				stationary internal combustion source, including any combination of turbines,
				reciprocating engines, or engines, may elect to comply with this section by
				complying with section 1 of this rule and limiting fuel usage for every twelve
				(12) month period to less than the limits found in:
(1) subsection (e), Table 1 for a single fuel
				or a combination of two (2) fuels; or
(2) subsection (f), Table 2 for a single fuel
				or a combination of two (2) fuels.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-1 - Limiting potential to emit

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. 1.
(a) A source
				must obtain all construction approvals prior to operating under this rule. A
				stationary or portable source that would otherwise be required to have a permit
				under 326 IAC 2-6.1, 326 IAC 2-7 or 326 IAC 2-8, or an operating agreement as
				described in 326 IAC 2-9 may limit its potential to emit by complying with the
				conditions of this rule. A source complying with this rule is not subject to
				326 IAC 2-6.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9 unless:
(1) the source is required to obtain a Part
				70 permit in accordance with 40 CFR 63, which requires a major affected source
				to have a Part 70 permit on the compliance date of an applicable NESHAP;
				or
(2) otherwise required by
				federal law.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-2.1 - Definitions

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 13-11-2; IC 13-15; IC 13-17
Sec. 2.1.
The definitions in IC 13-11-2, 326 IAC 1-2, and 326 IAC 2-7
				  apply throughout this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-3.1 - Conditions

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. 3.1.
The conditions of this rule that limit potential to emit are
				  as follows:
(1) The source limits
				actual emissions for every twelve (12) month period to less than twenty percent
				(20%) of any threshold for a major source of the following:
(A) Regulated air pollutants.
(B) Hazardous air pollutants, as defined in
				Section 112 of the Clean Air Act.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-4.1 - Demonstration of compliance

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. 4.1.
Not later than thirty (30) days after receipt of a written
				  request by the department or U.S. EPA, the owner or operator shall demonstrate
				  that the source is in compliance with the conditions provided in section 3.1 of
				  this rule. The demonstration of compliance shall be based on actual emissions
				  for the previous twelve (12) months and may include, but is not limited to,
				  fuel or material usage or production records. No other demonstration of
				  compliance shall be required.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-5.1 - Compliance with other provisions

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. 5.1.
(a) This
				rule does not affect a source's requirement to comply with provisions of any
				other applicable federal, state, or local requirement, except as specifically
				provided in section 1 of this rule.
(b) A source subject to this rule shall be
				subject to applicable requirements for a major source, including 326 IAC 2-7,
				if:
(1) at any time the source is not in
				compliance with the conditions provided in section 3.1 of this rule;
				or
(2) the source does not timely
				or adequately demonstrate compliance with the conditions in section 3.1 of this
				rule as required under section 4.1 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 10 - Permit by Rule › Section 10-6.1 - Enforcement

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; IC 13-30
Sec. 6.1.
Any violation of this rule may result in administrative or
				  judicial enforcement proceedings under IC 13-30-3 and penalties under IC
				  13-30-4, IC 13-30-5, or IC 13-30-6
[IC 13-30-6 was repealed by P.L.
				  137-2007, SECTION 37, effective July 1, 2007.]
.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 11 - Permit by Rule for Specific Source Categories › Section 11-1 - General provisions

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; IC 13-30-3
Sec. 1.
(a) This
				section contains general provisions applicable to all other sections in this
				rule.
(b) Definitions provided in
				IC 13-11-2, 326 IAC 1-2, and 326 IAC 2-7 shall apply to this rule.
(c) A source may limit its allowable
				emissions or potential to emit by complying with the conditions of the
				applicable section of this rule. A source complying with this rule is not
				subject to 326 IAC 2-6.1 unless otherwise required by law. A source complying
				with this rule is not subject to 326 IAC 2-5.1 or 326 IAC 2-7 provided the rule
				limits the source's allowable emissions or potential to emit below the
				applicability thresholds for 326 IAC 2-5.1 or 326 IAC 2-7 unless:
(1) the source is required to obtain a Part
				70 permit in accordance with 40 CFR 63, which requires a major affected source
				to have a Part 70 permit on the compliance date of an applicable NESHAP;
				or
(2) otherwise required by
				federal law.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 11 - Permit by Rule for Specific Source Categories › Section 11-2 - Gasoline dispensing operations

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) This
				section applies to retail or commercial gasoline dispensing operations that:
(1) meet the conditions specified in
				subsection (b); and
(2) demonstrate
				compliance as specified in subsection (c).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 11 - Permit by Rule for Specific Source Categories › Section 11-3 - Grain elevators

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) This
				section applies to a grain elevator that receives and ships grain as follows:
(1) Grain receiving by truck or rail and
				grain shipping by truck or rail.
(2) Grain receiving by truck or rail and
				grain shipping by barge.
(3) Grain
				receiving by truck or rail and grain shipping by ship.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 11 - Permit by Rule for Specific Source Categories › Section 11-4 - Grain processing or milling

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. 4.
(a) This
				section applies to sources that process or mill grain, including the following:
(1) Flour mills.
(2) Dry corn mills.
(3) Animal feed mills.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 12 - General Permits › Section 12-1 - General permit issuance

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 4-21.5; IC 13-15; IC 13-17
Sec. 1.
(a) This
				rule does not apply to permits issued under 326 IAC 2-7 or 326 IAC 2-8. The
				commissioner may establish a general permit for a class of emission units,
				processes, operations, or sources in accordance with the following conditions:
(1) A general permit must:
(A) comply with all requirements applicable
				to operating permits under this article; and
(B) identify criteria by which a source may
				qualify for the general permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 13 - Interim Approvals › Section 13-1 - Interim operating permit revision approvals

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. 1.
(a) This
				section applies to any person who operates an existing source under valid
				operating permits issued by the commissioner and who proposes to modify a
				source or construct a new emission unit at the existing source and the
				modification or construction requires an operating permit revision or other
				approval by the commissioner in accordance with this article, excluding the
				following:
(1) Construction of a major PSD
				source or major PSD modification as defined in 326 IAC 2-2.
(2) A modification in a nonattainment area
				that has the potential to emit a pollutant for which the nonattainment
				designation is based in an amount exceeding the levels of emissions that
				require a permit revision for that pollutant.
(3) Any modification that is subject to 326
				IAC 2-4.Sec. 1.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 14 - Portable Sources › Section 14-1 - Exemptions

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 portable source meeting the criteria for an exemption under
				  326 IAC 2-1.1-3 shall not be subject to the requirements of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 14 - Portable Sources › Section 14-2 - 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) This rule
				applies to any person who proposes any of the following:
(1) Construction of a new stationary source
				consisting of a portable source, operation, process, or emissions
				unit.
(2) Modification to an
				existing source and such modification consists of a portable source, operation,
				process, or emissions unit, except for a relocation at an existing source that
				meets the criteria of 326 IAC 2-1.1-3(h)(2).
(3) Relocation of a portable source,
				operation, process, or emissions unit.
(4) Modification of a portable source,
				operation, process, or emissions unit at a source operating under a valid
				operating permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 14 - Portable Sources › Section 14-3 - Approvals

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) A new
				portable source shall be registered or permitted in accordance with the
				provisions of 326 IAC 2-5.1 and 326 IAC 2-6.1.
(b) A portable source that will be part of an
				existing source shall be approved through the permit revision procedures under
				326 IAC 2-6.1-6, 326 IAC 2-7-10.5, 326 IAC 2-7-12, or 326 IAC 2-8-11.1, as
				appropriate. The requirement to obtain an operating permit revision approval
				shall not apply to sources making changes under approved alternative operating
				scenarios that are incorporated into the source's operating permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 14 - Portable Sources › Section 14-4 - Relocations

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. 4.
(a) A
				portable source, operation, process, or emissions unit that has been issued a
				valid operating permit under this article may be issued a site approval letter
				for a new site that authorizes operation of the source, operation, process, or
				emissions unit as follows:
(1) The source
				submits a notification at least thirty (30) days prior to relocation.
(2) The commissioner shall approve or deny
				the relocation within thirty (30) days of receipt of the notification of the
				proposed relocation.
(3) The
				application submitted for a permit revision in accordance with 326 IAC 2-6.1-6,
				326 IAC 2-7-12, or 326 IAC 2-8-11.1 shall satisfy the notification requirements
				of this section.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 4 - General Provisions › Section 4-1 - 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; IC 13-15; IC 13-17
Sec. 1.
In addition to the definitions provided in IC 13-11, 326 IAC
				  1-2, and 326 IAC 2-7, the following definitions apply throughout this article
				  unless expressly stated otherwise:
(1)
				"Calendar quarter" means a consecutive three (3) month period (nonoverlapping)
				beginning on:
(A) January 1;
(B) April 1;
(C) July 1; or
(D) October 1.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 4 - General Provisions › Section 4-2 - Certification

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.
Each report submitted under this article shall contain a
				  certification of truth, accuracy, and completeness. This certification and any
				  other certification required under this article shall state that, based on
				  information and belief formed after reasonable inquiry, the statements and
				  information in the document are true, accurate, and complete. Reports submitted
				  under 326 IAC 3-8 shall meet the certification requirements of 326 IAC
				  2-7-4(f).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-1 - Applicability; continuous monitoring requirements for applicable pollutants

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.
(a) This
				rule applies to the following sources or emissions units to determine
				compliance with an emission limitation or standard:
(1) Any emissions unit required to perform
				continuous monitoring under 326 IAC 12.
(2) Fossil fuel-fired steam generators of
				greater than one hundred million (100,000,000) British thermal units (Btu) per
				hour heat input capacity.
(3)
				Sulfuric acid plants of greater than three hundred (300) tons per day acid
				production capacity.
(4) Petroleum
				refinery catalyst regenerators for fluid bed catalytic cracking units of
				greater than twenty thousand (20,000) barrels or eight hundred forty thousand
				(840,000) gallons per day fresh feed capacity.
(5) Portland cement plants.
(6) Sources or emissions units that combust
				sewage sludge.
(7) Sources or
				emissions units making coke from raw materials, including the following:
(A) Coal refining byproducts.
(B) Petroleum refining byproducts.
(8) Emissions units in Clark and
				Floyd counties that:
(A) have potential to
				emit nitrogen oxides (NOx) of greater than or equal to
				forty (40) tons per year; and
(B)
				are located at sources that have potential to emit NOx
				of greater than or equal to one hundred (100) tons per year as described in 326
				IAC 10.
(9) Any
				emissions unit required to monitor under subsection (c).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-2 - Minimum performance and operating specifications

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.
Owners and operators of monitoring equipment installed to
				  comply with this rule shall comply with the performance specifications and
				  operating requirements as follows:
(1)
				Performance specifications set forth in 40 CFR 60, Appendix B*, shall be used
				to certify monitoring equipment installed pursuant to this rule; however, where
				reference is made to the administrator in 40 CFR 60, Appendix B*, the term
				"department" shall be inserted for purposes of this rule, and where continuous
				emissions monitors were installed prior to March 1983 for measuring opacity,
				the performance specifications in 40 CFR 60, Appendix B*, 1982 Edition, shall
				apply.
(2) Cycling times, which
				include the total time a monitoring system requires to sample, analyze, and
				record an emission measurement, shall be as follows:
(A) Continuous monitoring systems for
				measuring opacity shall complete a minimum of one (1) cycle of operation
				(sampling, analyzing, and data recording) for each successive ten (10) second
				period.
(B) Continuous monitoring
				systems that measure the following emissions shall complete a minimum of one
				(1) cycle of operation (sampling, analyzing, and data recording) for each
				successive fifteen (15) minute measuring period:
(i) Carbon dioxide
				(CO2).
(ii)
				Carbon monoxide (CO).
(iii)
				Hydrogen sulfide (H2S).
(iv) Oxides of nitrogen
				(NOx).
(v)
				Oxygen (O2).
(vi) Sulfur dioxide
				(SO2).
(vii)
				Total hydrocarbons (THC).
(viii)
				Total reduced sulfur (TRS).
(ix)
				Volatile organic compounds (VOC).
(x) Particulate matter (PM).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-3 - Monitor system certification

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.
Monitor system certification requirements apply to sources or
				  emissions units subject to this rule as follows:
(1) The owner or operator shall conduct the
				applicable performance specifications tests in accordance with the procedures
				specified in 40 CFR 60 *, or other applicable federal regulations, for the
				required monitoring system as follows:
(A)
				Not later than one hundred eighty (180) days after emissions unit start-up or
				initial monitor installation date.
(B) Not later than forty-five (45) emissions
				unit operating days after the date of monitor replacement, or significant
				monitor repair, such as:
(i) replacing or
				switching a major component of the monitor; or
(ii) major overhaul or reconditioning of the
				monitor that affects the ability of the analyzer to measure emissions
				accurately.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-4 - 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. 4.
(a) Within
				ninety (90) days after monitor installation, a complete, written continuous
				monitoring standard operating procedure (SOP) must be submitted to the
				department by the owner or operator of:
(1)
				each affected source or emissions unit specified in section 1(a) of this rule;
				or
(2) any other source or
				emissions unit required to monitor emissions on a continuous basis.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 3 - MONITORING REQUIREMENTS › Rule 5 - Continuous Monitoring of Emissions › Section 5-5 - Quality assurance 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. 5.
(a) Except
				for affected units under 40 CFR 75 * that are also emissions units subject to
				this rule, quality assurance requirements specified in this section and 40 CFR
				60 *, Appendix F, apply to continuous emission monitors that monitor the
				following:
(1) Carbon dioxide
				(CO2).
(2)
				Carbon monoxide (CO).
(3) Hydrogen
				sulfide (H2S).
(4) Nitrogen oxide
				(NOx).
(5)
				Oxygen (O2).
(6) Sulfur dioxide
				(SO2).
(7)
				Total hydrocarbons (THC).
(8) Total
				reduced sulfur (TRS).
(9) Volatile
				organic compounds (VOC).
(10)
				Particulate matter (PM).