reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) The
				department may approve the use of an actuals plantwide applicability limitation
				(PAL) for any existing major stationary source, except as provided in
				subsection (b), if the PAL meets the requirements in this rule. A source that
				is subject to P.L. 231-2003, SECTION 6 shall comply with the requirements of
				326 IAC 2-2.6.
(b) The department
				shall not allow an actuals PAL for VOC or NOx for any
				major stationary source located in an extreme ozone nonattainment
				area.
(c) Any physical change in or
				change in the method of operation of a major stationary source that maintains
				its total source-wide emissions below the PAL, that level meets the
				requirements in this rule, and that complies with the PAL permit:
(1) is not a major modification for the PAL
				pollutant;
(2) does not have to be
				approved through 326 IAC 2-3; and
(3) is not subject to 326 IAC
				2-3-2(d).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) The
				definitions in this section apply throughout this rule. A term that is not
				defined in this section shall have the meaning set forth in 326 IAC 2-3-1 or in
				the CAA.
(b) "Actuals PAL", for a
				major stationary source, means a PAL based on the baseline actual emissions of
				all emissions units at the source that emit or have the potential to emit the
				PAL pollutant.
(c) "Allowable
				emissions" means the following:
(1) The
				emissions rate of a stationary source calculated using the maximum rated
				capacity of the source unless the source is subject to federally enforceable
				limits that restrict the operating rate or hours of operation, or both, and the
				most stringent of the:
(A) applicable
				standards as set forth in 40 CFR Part 60* and 40 CFR Part 61*;
(B) state implementation plan emissions
				limitation, including those with a future compliance date; or
(C) emissions rate specified as a federally
				enforceable permit condition, including those with a future compliance
				date.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-3 - Permit application requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 3.
As part of a permit application requesting a PAL, the owner
				  or operator of a major stationary source shall submit the following information
				  to the department for approval:
(1) A
				list of all emissions units at the source designated as small, significant, or
				major based on their potential to emit. In addition, the owner or operator of
				the source shall indicate which, if any, federal or state applicable
				requirements, emission limitations, or work practices apply to each
				unit.
(2) Calculations of the
				baseline actual emissions with supporting documentation. Baseline actual
				emissions are to include emissions associated not only with operation of the
				unit, but also emissions associated with startup, shutdown, and
				malfunction.
(3) The calculation
				procedures that the major stationary source owner or operator proposes to use
				to convert the monitoring system data to monthly emissions and annual emissions
				based on a twelve (12) month rolling total for each month as required by
				section 13(a) of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-4 - Establishing PALs; general requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) The
				department may establish a PAL at a major stationary source provided that, at a
				minimum, the following requirements are met:
(1) The PAL shall impose an annual emission
				limitation in tons per year, which is enforceable as a practical matter, for
				the entire major stationary source. For each month during the PAL effective
				period after the first twelve (12) months of establishing a PAL, the major
				stationary source owner or operator shall show that the sum of the monthly
				emissions from each emissions unit under the PAL for the previous twelve (12)
				consecutive months is less than the PAL, on a twelve (12) month average, rolled
				monthly. For each month during the first eleven (11) months from the PAL
				effective date, the major stationary source owner or operator shall show that
				the sum of the preceding monthly emissions from the PAL effective date for each
				emissions unit under the PAL is less than the PAL.
(2) The PAL shall be established in a PAL
				permit that meets the public participation requirements in section 5 of this
				rule.
(3) The PAL permit shall
				contain all the requirements of section 7 of this rule.
(4) The PAL shall include fugitive emissions,
				to the extent quantifiable, from all emissions units that emit or have the
				potential to emit the PAL pollutant at the major stationary source.
(5) Each PAL shall regulate emissions of only
				one (1) pollutant.
(6) Each PAL
				shall have a PAL effective period of ten (10) years.
(7) The owner or operator of the major
				stationary source with a PAL shall comply with the monitoring, record keeping,
				and reporting requirements provided in sections 12 through 14 of this rule for
				each emissions unit under the PAL through the PAL effective period.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-5 - Public participation requirements for PALs

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 5.
PALs for existing major stationary sources shall be:
(1) established;
(2) renewed;
(3) increased;
(4) terminated; or
(5) revoked;
through a procedure that is consistent with 326 IAC 2-7-17.
				  This includes the requirement that the department provide the public with
				  notice of the proposed approval of a PAL permit and at least a thirty (30) day
				  period for submittal of public comment. The department must address all
				  material comments before taking final action on the permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-6 - Establishing a 10 year actuals PAL level

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 6.
(a) The
				actuals PAL level for a major stationary source shall be established as the sum
				of the baseline actual emissions of the PAL pollutant for each emissions unit
				at the source plus an amount equal to the least of the following levels:
(1) The applicable significant level in 326
				IAC 2-3-1(qq) for the PAL pollutant.
(2) The de minimis level in 326 IAC 2-3-1(q)
				in case of the PAL for VOC emissions for sources located in severe or serious
				nonattainment areas.
(3) The level
				specified under CAA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-7 - Contents of the PAL permit

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 7.
The PAL permit must contain, at a minimum, the following
				  information:
(1) The PAL pollutant and
				the applicable source-wide emission limitation in tons per year.
(2) The PAL permit effective date and the
				expiration date of the PAL.
(3)
				Specification in the PAL permit that if a major stationary source owner or
				operator applies to renew a PAL in accordance with section 10 of this rule
				before the end of the PAL effective period, then the PAL shall not expire at
				the end of the PAL effective period. It shall remain in effect until a revised
				PAL permit is issued by the department.
(4) A requirement that emission calculations
				for compliance purposes include emissions from startups, shutdowns, and
				malfunctions.
(5) A requirement
				that, once the PAL expires, the major stationary source is subject to the
				requirements of section 9 of this rule.
(6) The calculation procedures that the major
				stationary source owner or operator shall use to convert the monitoring system
				data to monthly emissions and annual emissions based on a twelve (12) month
				rolling total as required by section 13(a) of this rule.
(7) A requirement that the major stationary
				source owner or operator monitor all emissions units in accordance with section
				12 of this rule.
(8) A requirement
				to retain the records required under section 13 of this rule on site. The
				records may be retained in an electronic format.
(9) A requirement to submit the reports
				required under section 14 of this rule by the required deadlines.
(10) Any other requirements that the
				department deems necessary to implement and enforce the PAL.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-8 - PAL effective period and reopening of the PAL permit

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 8.
(a) The
				department shall specify a PAL effective period of ten (10) years.
(b) For reopening of the PAL permit, the
				following requirements must be met:
(1)
				During the PAL effective period, the department shall reopen the PAL permit to:
(A) correct typographical or calculation
				errors made in setting the PAL or reflect a more accurate determination of
				emissions used to establish the PAL;
(B) reduce the PAL if the owner or operator
				of the major stationary source creates creditable emissions reductions for use
				as offsets under 326 IAC 2-3-3; or
(C) revise the PAL to reflect an increase in
				the PAL as provided under section 11 of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-9 - Expiration of a PAL

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 9.
(a) Any PAL
				that is not renewed in accordance with the procedures in section 10 of this
				rule shall expire at the end of the PAL effective period, and the requirements
				in this section shall apply.
(b)
				Each emissions unit or each group of emissions units that existed under the PAL
				shall comply with an allowable emission limitation under a revised permit
				established according to the following procedures:
(1) Within the time frame specified for PAL
				renewals in section 10(b) of this rule, the major stationary source shall
				submit a proposed allowable emission limitation for each emissions unit or each
				group of emissions units, if the distribution is more appropriate as decided by
				the department by distributing the PAL allowable emissions for the major
				stationary source among each of the emissions units that existed under the PAL.
				If the PAL had not yet been adjusted for an applicable requirement that became
				effective during the PAL effective period, as required under section 10(e) of
				this rule, the distribution shall be made as if the PAL had been
				adjusted.
(2) The department shall
				decide whether and how the PAL allowable emissions will be distributed and
				issue a revised permit incorporating allowable limits for each emissions unit,
				or each group of emissions units, as the department determines is
				appropriate.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-10 - Renewal of a PAL

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 10.
(a) The
				department shall follow the procedures specified in section 5 of this rule in
				approving any request to renew a PAL for a major stationary source and shall
				provide both the proposed PAL level and a written rationale for the proposed
				PAL level to the public for review and comment. During the public review, any
				person may propose a PAL level for the source for consideration by the
				department.
(b) A major stationary
				source owner or operator shall submit a timely application to the department to
				request renewal of a PAL. A timely application is one that is submitted at
				least six (6) months prior to, but not earlier than eighteen (18) months from,
				the date of PAL expiration. If the owner or operator of a major stationary
				source submits a complete application to renew the PAL within this time period,
				then the PAL shall continue to be effective until the revised permit with the
				renewed PAL is issued.
(c) The
				application to renew a PAL permit shall contain the following information:
(1) The information required in section 3 of
				this rule.
(2) A proposed PAL
				level.
(3) The sum of the potential
				to emit of all emissions units under the PAL with supporting
				documentation.
(4) Any other
				information the owner or operator wishes the department to consider in
				determining the appropriate level for renewing the PAL.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-11 - Increasing a PAL during the PAL effective period

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 11.
(a) The
				department may increase a PAL emission limitation during the PAL effective
				period only if the major stationary source complies with the following
				provisions:
(1) The owner or operator of the
				major stationary source shall submit a complete application to request an
				increase in the PAL limit for a PAL major modification. The application shall
				identify the emissions units contributing to the increase in emissions so as to
				cause the major stationary source's emissions to equal or exceed its
				PAL.
(2) As part of this
				application, the major stationary source owner or operator shall demonstrate
				that the sum of the baseline actual emissions of the small emissions units plus
				the sum of the baseline actual emissions of the significant and major emissions
				units assuming application of BACT equivalent controls plus the sum of the
				allowable emissions of the new or modified emissions units exceeds the PAL. The
				level of control that would result from BACT equivalent controls on each
				significant or major emissions unit shall be determined by conducting a new
				BACT analysis at the time the application is submitted unless the emissions
				unit is currently required to comply with a BACT or LAER requirement that was
				established within the preceding ten (10) years. In this case, the assumed
				control level for that emissions unit shall be equal to the level of BACT or
				LAER with which that emissions unit must currently comply.
(3) The owner or operator shall obtain a
				major NSR permit for all emissions units identified in subdivision (1)
				regardless of the magnitude of the emissions increase resulting from them.
				These emissions units shall comply with any emissions requirements resulting
				from the nonattainment major NSR process, even though they have also become
				subject to the PAL or continue to be subject to the PAL.
(4) The PAL permit shall require that the
				increased PAL level shall be effective on the day any emissions unit that is
				part of the PAL major modification becomes operational and begins to emit the
				PAL pollutant.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-12 - Monitoring requirements for PALs

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 12.
(a) The
				following general requirements apply:
(1)
				Each PAL permit must contain enforceable requirements for the monitoring system
				that accurately determines plantwide emissions of the PAL pollutant in terms of
				mass per unit of time. Any monitoring system authorized for use in the PAL
				permit must be based on sound science and meet generally acceptable scientific
				procedures for data quality and manipulation. Additionally, the information
				generated by the system must meet minimum legal requirements for admissibility
				in a judicial proceeding to enforce the PAL permit.
(2) The PAL monitoring system must employ one
				(1) or more of the four (4) general monitoring approaches meeting the minimum
				requirements set forth in subsection (b) and must be approved by the
				department.
(3) Notwithstanding
				subdivision (2), an alternative monitoring approach may be employed:
(A) that meets subdivision (1); and
(B) if it is approved by the
				department.
(4) Failure
				to use a monitoring system that meets the requirements of this section renders
				the PAL invalid.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-13 - Record keeping requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 13.
(a) The PAL
				permit shall require an owner or operator to retain a copy of all records
				necessary to determine compliance with any requirement of this rule and of the
				PAL, including a determination of each emissions unit's twelve (12) month
				rolling total emissions, for five (5) years from the date of the
				record.
(b) The PAL permit shall
				require an owner or operator to retain a copy of the following records for the
				duration of the PAL effective period plus five (5) years:
(1) A copy of the PAL permit application and
				any applications for revisions to the PAL.
(2) Each annual certification of compliance
				pursuant to 40 CFR Part 70* and the data relied on in certifying the
				compliance.
*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 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-14 - Reporting and notification requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 14.
(a) The
				owner or operator shall submit semiannual monitoring reports and deviation
				reports to the department in accordance with 326 IAC 2-7. The reports shall
				meet the requirements of this section.
(b) A semiannual report shall be submitted to
				the department within thirty (30) days of the end of each reporting period.
				This report shall contain the following information:
(1) The identification of owner and operator
				and the permit number.
(2) Total
				annual emissions in tons per year based on a twelve (12) month rolling total
				for each month in the reporting period recorded under section 13(a) of this
				rule.
(3) All data relied upon,
				including, but not limited to, any quality assurance or quality control data,
				in calculating the monthly and annual PAL pollutant emissions.
(4) A list of any emissions units modified or
				added to the major stationary source during the preceding six (6) month
				period.
(5) The number, duration,
				and cause of any deviations or monitoring malfunctions, other than the time
				associated with zero (0) and span calibration checks, and any corrective action
				taken.
(6) Information about
				monitoring system shutdowns including the following:
(A) Notification to the department of the
				shutdown of any monitoring system.
(B) Whether the shutdown was permanent or
				temporary.
(C) The reason for the
				shutdown.
(D) The anticipated date
				that the monitoring system will be fully operational or replaced with another
				monitoring system.
(E) Whether the
				emissions unit monitored by the monitoring system continued to
				operate.
(F) If the emissions unit
				monitored by the monitoring system continued to operate, the calculation of
				the:
(i) emissions of the pollutant;
				or
(ii) number determined by method
				included in the permit, as provided by section 12(g) of this rule.
(7) A signed statement
				by the responsible official, as defined in 326 IAC 2-7-1, certifying the truth,
				accuracy, and completeness of the information provided in the report.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3.4 - Actuals Plantwide Applicability Limitations in Nonattainment Areas › Section 3.4-15 - Termination and revocation of a PAL

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 15.
(a) This
				section applies to any PAL that is terminated or revoked prior to the PAL
				expiration date.
(b) A major
				stationary source owner or operator may at any time submit a written request to
				the department to terminate or revoke a PAL prior to the expiration or renewal
				of the PAL.
(c) Each emissions unit
				or each group of emissions units that existed under the PAL shall be in
				compliance with an allowable emission limitation under a revised permit
				established according to the following procedures:
(1) The major stationary source owner or
				operator may submit a proposed allowable emission limitation for each emissions
				unit or each group of emissions units by distributing the PAL allowable
				emissions for the major stationary source among each of the emissions units
				that existed under the PAL. If the PAL had not yet been adjusted for an
				applicable requirement that became effective during the PAL effective period,
				as required under section 10(e) of this rule, such distribution shall be made
				as if the PAL had been adjusted.
(2) The department shall decide whether and
				how the PAL allowable emissions will be distributed and issue a revised permit
				incorporating allowable limits for each emissions unit, or each group of
				emissions units, as the department determines is appropriate. The determination
				of distribution of the PAL allowable emissions may be based on the emissions
				limitations that were eliminated by the PAL in accordance with section 1(c)(3)
				of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 4.1 - Major Sources of Hazardous Air Pollutants › Section 4.1-1 - New source toxics control

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) Any owner
				or operator who constructs or reconstructs a major source of hazardous air
				pollutants (HAP), as defined in 40 CFR 63.41 *, after July 27, 1997, including
				owners or operators with permit applications pending with the department on the
				effective date of this section, shall comply with the requirements of this
				section, except as specifically specified in this rule. This section does not
				apply to an owner or operator that has received all necessary permits for the
				construction or reconstruction before July 27, 1997. On and after June 29,
				1998, this section is intended to implement Section 112(g)(2)(B) of the Clean
				Air Act (CAA). Subsection (c)(3)(E) and (c)(3)(I) shall not apply to an owner
				or operator that has received all necessary permits for the construction or
				reconstruction before June 29, 1998.
(b) This section does not apply to the
				following exclusions set forth in 40 CFR 63.40 *:
(1) Electric utility steam generating units
				until such time as these units are added to the source category list under
				Section 112(c)(5) of the CAA.
(2) A
				major source specifically regulated, or exempted from regulation, by a standard
				issued pursuant to Section 112(d), 112(h), or 112(j) of the CAA.
(3) Stationary sources that are within a
				source category that has been deleted from the source category list under
				Section 112(c)(9) of the CAA.
(4)
				Research and development activities, as defined in 40 CFR 63.41 *.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.1 - Construction of New Sources › Section 5.1-1 - 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.
The following shall be exempt from the requirements of this
				  rule:
(1) New sources that meet the
				criteria for an exemption under 326 IAC 2-1.1-3 or not specifically required to
				obtain a registration or permit under this rule.
(2) Existing sources operating pursuant to a
				permit issued under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8.
(3) Existing sources operating pursuant to a
				source specific operating agreement under 326 IAC 2-9.
(4) Existing sources operating pursuant to a
				permit by rule under 326 IAC 2-10 or 326 IAC 2-11.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.1 - Construction of New Sources › Section 5.1-2 - Registrations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5-3-4; IC 13-15-4-9; IC 13-17
Sec. 2.
(a) On and
				after December 25, 1998, this section applies to the following new sources:
(1) Sources with a potential to emit within
				the following ranges:
(A) Less than
				twenty-five (25) tons per year and equal to or greater than five (5) tons per
				year of either PM, PM10, or direct
				PM2.5.
(B)
				Less than twenty-five (25) tons per year and equal to or greater than ten (10)
				tons per year of the following pollutants:
(i)
				Sulfur dioxide (SO2).
(ii) Nitrogen oxides
				(NOx).
(C) Less than twenty-five (25) tons per year
				and equal to or greater than ten (10) tons per year of VOC for sources not
				described in clause (D).
(D) Less
				than twenty-five (25) tons per year and equal to or greater than five (5) tons
				per year of VOC for sources that require the use of air pollution control
				equipment to comply with the applicable provisions of 326 IAC 8.
(E) Less than one hundred (100) tons per year
				and equal to or greater than twenty-five (25) tons per year of carbon monoxide
				(CO).
(F) Less than five (5) tons
				per year and equal to or greater than two-tenths (0.2) ton per year of lead
				(Pb).
(G) Less than twenty-five
				(25) tons per year and equal to or greater than five (5) tons per year of the
				following regulated air pollutants:
(i)
				Hydrogen sulfide (H2S).
(ii) Total reduced sulfur (TRS).
(iii) Reduced sulfur compounds.
(iv) Fluorides.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.1 - Construction of New Sources › Section 5.1-3 - Permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-4-9; IC 13-17
Sec. 3.
(a) On and
				after December 25, 1998, a new source must obtain a construction permit prior
				to beginning construction of an emissions unit under either of the following
				conditions:
(1) The potential to emit is equal
				to or greater than the following:
(A) One (1)
				ton or more per year of lead or lead compounds measured as elemental lead and
				the source is one (1) of the following:
(i) A
				primary lead smelter.
(ii) A
				secondary lead smelter.
(iii) A
				primary copper smelter.
(iv) A lead
				gasoline additive plant.
(v) A
				lead-acid storage battery manufacturing plant that produces two thousand
				(2,000) or more batteries per day.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.1 - Construction of New Sources › Section 5.1-4 - Transition procedures

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-4-9; IC 13-17
Sec. 4.
(a) The
				commissioner shall include an approval to operate and operating conditions in
				an initial construction permit. The level of approval shall be as follows:
(1) A source must obtain approval to operate
				under a state operating permit under 326 IAC 2-6.1 if the permit does not
				include terms and conditions that limit the potential to emit of the source to
				below thresholds that would require a Part 70 permit.
(2) A source must obtain approval to operate
				as a FESOP under 326 IAC 2-8 if the permit includes terms and conditions that
				limit the potential to emit of the source to below the thresholds that require
				the source to obtain a Part 70 permit and is issued in accordance with 326 IAC
				2-8-13.
(3) A source must obtain
				approval to operate as a Part 70 source under 326 IAC 2-7 if:
(A) the source is constructing under 326 IAC
				2-2 or 326 IAC 2-3; or
(B) the
				potential to emit exceeds the Part 70 major source thresholds as defined in 326
				IAC 2-7-1(22).
The permit must include the permit content in accordance with
				  326 IAC 2-7-5 and compliance requirements in accordance with 326 IAC 2-7-6, and
				  the permit must be issued in accordance with 326 IAC 2-7-17.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) The
				following shall be exempt from the requirements of this rule:
(1) Existing sources that:
(A) meet the criteria for an exemption under
				326 IAC 2-1.1-3;
				or
(B) are not specifically
				required to obtain a registration under this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-2 - Compliance schedule

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) Any
				chrome electroplating source that meets the applicability criteria under
				section 1(b)(2) of this rule shall apply for approval under this rule not later
				than December 25, 1999.
(b) Any
				existing source not described by subsection (a) that has a valid air
				registration shall apply for approval under this rule not later than December
				25, 2000.
(c) Any existing source
				not described by subsection (a) that does not have a valid air registration
				shall apply for approval under this rule not later than December 25,
				1999.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-3 - Application requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-4-9; IC 13-17
Sec. 3.
(a) Any
				person required to prepare an application under section 1(b) of this rule shall
				prepare and submit a permit application to the commissioner in accordance with
				this section.
(b) The application
				shall include the following information:
(1)
				Company name and address.
(2)
				Descriptive information as follows:
(A) A
				description of the nature and location of the proposed construction or
				modification.
(B) The design
				capacity and typical operating schedule of the proposed construction or
				modification.
(C) A description of
				the source and the emissions unit or units comprising the source.
(D) A description of any emission control
				equipment, including design specifications.
(3) A schedule for construction or
				modification of the source.
(4)
				Information on the nature and amount of pollutants to be emitted and any other
				information determined by the commissioner as necessary to demonstrate
				compliance with the ambient air quality standards.
(5) Each application shall be signed by an
				authorized individual, unless otherwise noted, whose signature constitutes an
				acknowledgement that the applicant assumes the responsibility of assuring that
				the source, emissions unit or units, or emission control equipment will be
				constructed and will operate in compliance with all applicable state air
				pollution control rules and the requirements of the CAA. Such signature shall
				constitute affirmation that the statements in the application are true and
				complete, as known at the time of completion of the application, and shall
				subject the applicant to liability under state laws forbidding false or
				misleading statements.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-4 - Registration 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. 4.
(a) A
				registration issued by the commissioner shall include terms and conditions that
				include all of the following:
(1)
				Identification of any and all applicable requirements.
(2) A physical description of the emissions
				unit or units and operating information consistent with the application
				information.
(3) A requirement that
				an authorized individual provide an annual notice to the department that the
				source is in operation and in compliance with the
				registration.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-5 - Public notice

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5-3-4; IC 13-15; IC 13-17
Sec. 5.
The issuance of a registration shall not be subject to the
				  public notice requirements under
				  326 IAC 2-1.1-6, but the
				  commissioner shall provide for public notice pursuant to IC
				  4-21.5-3-4.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 5.5 - Registrations › Section 5.5-6 - Registration 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. 6.
(a) Any
				person proposing to construct new emissions units, modify existing emissions
				units, or otherwise modify the source as described in this section shall submit
				an application or notification 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 registration revision under a provision
				  of this rule, the owner or operator of the source must submit an application
				  for a permit or registration 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 - Emission Reporting › Section 6-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 1.
(a) This
				rule applies to all of the following:
(1)
				Sources required to have a Part 70 operating permit under
				326 IAC 2-7.
(2) Sources located in the following counties
				that emit volatile organic compounds (VOC) or oxides of nitrogen
				(NOx) into the ambient air at levels equal to or greater
				than twenty-five (25) tons per year:
(A)
				Lake; Calumet, Hobart, North, Ross, and St. John townships only.
(B) Porter; Center, Jackson, Liberty, Pine,
				Portage, Union, Washington, and Westchester townships only.
(3) Sources that emit lead into
				the ambient air at levels equal to or greater than five (5) tons per
				year.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6 - Emission Reporting › Section 6-3 - Compliance schedule

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 3.
(a) The owner
				or operator of a source subject to section 1(a) of this rule must submit an
				emission statement covering the previous calendar year to the department
				according to the following schedule:
(1)
				Annually, by July 1, for sources subject to section 1(a)(2) of this rule or
				with the potential to emit annual emissions greater than or equal to any of the
				following emission thresholds:
(A) Two
				thousand five hundred (2,500) tons per year of any of the following:
(i) Carbon monoxide.
(ii) Oxides of nitrogen.
(iii) Sulfur dioxide.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6 - Emission Reporting › Section 6-4 - Requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) A source
				subject to section 1(a) of this rule shall report estimated actual emissions in
				the emission statement of the following pollutants:
(1) Carbon monoxide (CO).
(2) Volatile organic compounds
				(VOC).
(3) Oxides of nitrogen
				(NOx).
(4)
				Particulate matter less than or equal to ten (10) micrometers
				(PM10).
(5)
				Sulfur dioxide (SO2).
(6) Lead and lead compounds, including any
				unique chemical substance that contains lead.
(7) Particulate matter less than or equal to
				two and five-tenths (2.5) micrometers (PM2.5).
(8) Ammonia
				(NH3).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6 - Emission Reporting › Section 6-5 - Additional information requests

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 5.
The department may request emissions and emissions-related
				  information about any regulated air pollutant as defined at
				  326 IAC 2-7-1 from
				  any source permitted by the department when needed for air quality planning,
				  air quality modeling, or state implementation plan development. A source that
				  receives an information request pursuant to this section shall provide the
				  information, based on reasonable estimates and using data available to the
				  preparers, in writing to the department within sixty (60) days of receipt of
				  the department's request. A source may request additional time to submit the
				  information. Types of circumstances when the department may request information
				  include the following:
(1) To identify
				sources or processes that emit a monitored pollutant.
(2) To address public complaints.
(3) To develop and quality assure emissions
				inventories, as necessary, for permit modeling, state implementation plan
				development, rulemaking, or perform air risk analysis.
(4) To survey industry wide sources or
				geographic specific areas to address potential health risks.
(5) To assess pollutants for a single
				industry source.
(6) To comply with
				an information request from a local, state, or federal agency.
(7) To verify or supplement Emergency
				Planning and Community Right-to-Know Act Section 313 toxic release inventory
				information.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-1 - 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.
The following shall be exempt from the requirements of this
				  rule:
(1) A new source or existing
				source that meets the criteria for an exemption under
				326 IAC
				2-1.1-3.
(2) Except for sources described in section
				2(2) of this rule, a new or existing source subject to one (1) of the
				following:
(A) A Part 70 permit under 326 IAC
				2-7.
(B) A federally enforceable
				state operating permit (FESOP) under 326 IAC 2-8.
(C) A source specific operating agreement
				under 326 IAC 2-9.
(D) A permit by
				rule under:
(i)326 IAC 2-10; or
(ii)326 IAC 2-11.
(E) A registration under 326 IAC
				2-5.5.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-2 - 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.
The following sources shall apply for an air operating
				  permit as described in this rule:
(1)
				A source that meets the applicability criteria of
				326 IAC 2-5.1-3(a)(1)
				 and is not exempted under section 1 of this
				rule.
(2) A source with the
				potential to emit below the Part 70 thresholds as defined in
				326 IAC 2-7-1(22)
				 that includes:
(A) a chromium electroplating tank;
(B) a chromium anodizing tank; or
(C) an operation subject to 326 IAC 20-8.
Sources consisting only of decorative chromium electroplating
				  tanks that use a trivalent chromium process that incorporates a wetting agent
				  that are subject to 326 IAC 2-5.5 are exempt from this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 6.1 - Minor Source Operating Permit Program › Section 6.1-4 - Application requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-4-9; IC 13-17
Sec. 4.
(a) At a
				minimum, an application for a permit or permit revision shall include the
				following information:
(1) The company name
				and address.
(2) The following
				descriptive information:
(A) A description of
				the nature and location of the proposed construction or modification.
(B) The design capacity and typical operating
				schedule of the proposed construction or modification.
(C) A description of the source and the
				emissions unit or units comprising the source.
(D) A description of any emission control
				equipment, including design specifications.
(3) A schedule for construction or
				modification of the source or emissions unit.
(4) The following information as needed to
				assure all reasonable information is provided to evaluate compliance consistent
				with the permit terms and conditions, the underlying requirements of this title
				and the CAA, the ambient air quality standards set forth in
				326 IAC 1-3, or the prevention of
				significant deterioration maximum allowable increase under
				326 IAC 2-2:
(A) Information on the nature and amount of
				the pollutant to be emitted, including an estimate of the potential to emit any
				regulated air pollutant.
(B)
				Estimates of offset credits as required under
				326 IAC 2-3, for sources to be
				constructed in nonattainment areas.
(C) Monitoring, testing, reporting, and
				record keeping requirements.
(D)
				Any other information (including, but not limited to, the air quality impact)
				determined by the commissioner to be necessary to demonstrate compliance with
				the requirements of this title and the requirements of the CAA, whichever are
				applicable.
(5) Each
				application shall be signed by an authorized individual, unless otherwise
				noted, whose signature constitutes acknowledgement that the applicant assumes
				the responsibility of assuring that the source, emissions unit or units, or
				emission control equipment will be constructed and will operate in compliance
				with all applicable Indiana air pollution control rules and the requirements of
				the CAA. Such signature shall constitute affirmation that the statements in the
				application are true and complete, as known at the time of completion of the
				application, and shall subject the applicant to liability under state laws
				forbidding false or misleading statements.