Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3 - Emission Offset › Section 3-3 - Applicable requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 3.
(a) Prior to
				the issuance of a construction permit to a source subject to this rule, the
				applicant shall comply with the following requirements:
(1) The proposed major new source or major
				modification shall demonstrate that the source will meet all applicable
				requirements of this title, any applicable new source performance standard in
				40 CFR Part 60*, or any national emission standard for HAPs in 40 CFR Part 61*.
				If the commissioner determines that the proposed major new source cannot meet
				the applicable emission requirements, the permit to construct will be
				denied.
(2) The applicant will
				apply emission limitation devices or techniques to the proposed construction or
				modification such that the LAER for the applicable pollutant will be
				achieved.
(3) The applicant shall
				either demonstrate that:
(A) all existing
				major sources owned or operated by the applicant in the state are in compliance
				with all applicable emission limitations and standards contained in the CAA and
				in this title; or
(B) they are in
				compliance with a federally enforceable compliance schedule requiring
				compliance as expeditiously as practicable.
(4) The applicant shall submit an analysis of
				alternative sites, sizes, production processes, and environmental control
				techniques for the proposed source that demonstrates that benefits of the
				proposed source significantly outweigh the environmental and social costs
				imposed as a result of its location, construction, or modification.
(5) Emissions resulting from the proposed
				construction or modification shall be offset by a reduction in actual emissions
				of the same pollutant from an existing source or combination of existing
				sources. The emission offset shall be such that there will be reasonable
				further progress toward attainment of the applicable ambient air quality
				standards as follows:
(A) Greater than
				one-for-one unless otherwise specified.
(B) For ozone nonattainment areas, the
				following table shall determine the minimum offset ratio requirements for major
				stationary sources of VOC or nitrogen oxides (unless a
				NOX waiver is in effect):
Ozone Classification
Minimum Offset Requirements
Marginal
1.1 to 1
Moderate
1.15 to 1
Serious
1.2 to 1
Severe
1.3 to 1
(6) The total tonnage of increased emissions,
				in tons per year, resulting from a major modification that must be offset in
				accordance with Section 173 of the CAA shall be determined by summing the
				difference between the allowable emissions after the modification and the
				actual emissions before the modification for each emissions unit.
(7) The applicant shall obtain the necessary
				preconstruction approvals and shall meet all the permit requirements specified
				in
				326 IAC
				2-5.1 or
				326 IAC
				2-7, as applicable.
(8) Approval to construct shall not relieve
				any owner or operator of the responsibility to comply fully with an applicable
				provision of the SIP and any other requirements under local, state, or federal
				law.