reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-85 - Vigo County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 85.
The following attainment status designations are applicable
				  to Vigo County:
Pollutant
Designation
SO2
Attainment effective July 8, 2019, for the 2010
							 SO2 standard for Fayette and Harrison townships.
							 Unclassifiable or attainment effective April 9, 2018, for the remainder of the
							 county.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
EmergencyRule, LSA Document #20-560(E),temporarily
					 supersedesthissection,effective November5, 2020. See LSADocument 20-560(E)
					 posted at 20201111-IR-326200560ERA.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-86 - Wabash County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 86.
The following attainment status designations are applicable
				  to Wabash County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-87 - Warren County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 87.
The following attainment status designations are applicable
				  to Warren County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-88 - Warrick County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 88.
The following attainment status designations are applicable
				  to Warrick County:
Pollutant
Designation
SO2
Cannot be classified.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-89 - Washington County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 89.
The following attainment status designations are applicable
				  to Washington County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective August 3, 2018,
							 for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-90 - Wayne County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 90.
The following attainment status designations are applicable
				  to Wayne County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-91 - Wells County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 91.
The following attainment status designations are applicable
				  to Wells County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-92 - White County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 92.
The following attainment status designations are applicable
				  to White County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 4 - Attainment Status Designations › Section 4-93 - Whitley County

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 93.
The following attainment status designations are applicable
				  to Whitley County:
Pollutant
Designation
SO2
Better than national standards.
CO
Unclassifiable or attainment effective November 15,
							 1990.
O3
Unclassifiable or attainment effective January 16,
							 2018, for the 2015 8-hour ozone standard.
PM2.5
Unclassifiable or attainment effective April 15, 2015,
							 for the 2012 annual PM2.5 standard.
PM2.5
Unclassifiable or attainment effective December 13,
							 2009, for the 2006 24-hour PM2.5 standard.
PM10
Unclassifiable effective November 15, 1990.
NO2
Unclassifiable or attainment effective January 29,
							 2012, for the 2010 NO2 standard.
Pb
Unclassifiable or attainment effective December 31,
							 2011, for the 2008 lead standard.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 5 - Episode Alert Levels › Section 5-1 - Scope of rule

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-5-1
Affected: IC 13-1-1-1; IC 13-1-1-4; IC 13-7
Sec. 1.
This rule ( 326 IAC 1-5 ) establishes air pollution episode
				  levels based on concentrations of the criteria pollutants in the ambient air.
				  The minimum levels listed in 326 IAC 1-5-4
[section 4 of this rule]
are the basis upon which the episode levels are established. As these
				  levels are reached and verified, the appropriate episode level will be
				  activated. The "control actions" required under each episode level shall
				  include, but are not limited to, the actions listed for the appropriate episode
				  level in the emergency reduction plan (ERP) required to be submitted to the
				  commissioner by applicable major air pollution sources.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 5 - Episode Alert Levels › Section 5-2 - Emergency reduction plans; submission

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 2.
All persons responsible for the operation of a source that
				  has the potential to emit one hundred (100) tons per year, or more, of any
				  pollutant shall prepare, and submit to the commissioner, for approval, written
				  emergency reduction plans consistent with safe operating procedures. Said
				  submittal shall be made no later than December 19, 1979, or one-hundred eighty
				  (180) days from the date on which a new source commences operation. If the ERP
				  is disapproved, the source shall have an additional thirty (30) days to resolve
				  the differences and submit an approvable ERP. These ERP's shall state those
				  actions that will be taken, when each episode level is declared, to reduce or
				  eliminate emissions of the appropriate air pollutants. Said ERP's shall also
				  identify the sources of air pollutants, the approximate amount of reduction of
				  the pollutants, and a brief description of the manner in which the reduction
				  will be achieved.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 5 - Episode Alert Levels › Section 5-3 - Implementation of approved plans

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 3.
Upon direct notification by the commissioner or authorized
				  representative that a specific air pollution episode level is in effect, all
				  operators of facilities required by the provisions of this rule ( 326 IAC 1-5 )
				  to have submitted an ERP shall immediately put into effect the actions
				  stipulated in the approved ERP for the appropriate episode level.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 5 - Episode Alert Levels › Section 5-4 - Episode levels; alerts; warnings; emergencies

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-1-1-7; IC 13-7-7; IC
				  13-7-12
Affected: IC 13-1-1; IC 13-7-12
Sec. 4.
(a) Air
				pollution alert: When the concentration of the contaminants listed below
				reaches an alert level, first stage control action must begin. An alert will be
				declared by the commissioner when any one of the following levels is reached at
				any sampling site:
(1)
				SO2: 0.30 parts per million (ppm) 800 micrograms per
				cubic meter (µg/m3), 24-hour
				average.
(2) Particulate: 375
				µg/m3, 24-hour average. A measurement of 3.0
				COH (Coefficient of haze), 24-hour average indicates the possibility of an
				alert level; however, the 375 limit must be reached before an alert may be
				declared.
(3) CO: 15 ppm (17
				mg/m3), 8-hour average.
(4) O3: 0.2 ppm (400
				µg/m3), 1-hour average.
(5) NOx: 0.6 ppm (1130
				µg/m3), 1-hour average, or 0.15 ppm (282
				µg/m3), 24-hour average.
(6) PM10: 350
				µg/m3, 24-hour average.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 5 - Episode Alert Levels › Section 5-5 - Termination of episode level

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1-7
Sec. 5.
Once declared, any episode level reached by application of
				  326 IAC 1-5-4 shall remain in effect until the criteria for the level are no
				  longer met. At that time, the commissioner, based on the information available,
				  shall declare the next lower episode level to be in effect and the commissioner
				  shall notify the operators of the affected facilities of said
				  declaration.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-1 - 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.
This rule applies to the owner or operator of any source
				  required to obtain a permit under 326 IAC 2-5.1 or 326 IAC
				  2-6.1.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-2 - Records; notice of malfunction

Current through July 10, 2024
Authority: IC
				  13-14-8-2;
				  IC
				  13-17-3-4
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) The
				owner or operator must keep a record of all malfunctions, startups, or
				shutdowns of any emission unit or emission control equipment that results in
				violations of:
(1) applicable air pollution
				control regulations; or
(2)
				applicable emission limitations.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-3 - Preventive maintenance plans

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 3.
(a) Any
				person responsible for operating any facility specified in 326 IAC 1-6-1 shall
				prepare and maintain a preventive maintenance plan including the following
				information:
(1) Identification of the
				individual(s) responsible for inspecting, maintaining and repairing emission
				control devices.
(2) A description
				of the items or conditions that will be inspected and the inspection schedule
				for said items or conditions.
(3)
				Identification and quantification of the replacement parts which will be
				maintained in inventory for quick replacement.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-4 - Operating conditions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) Source
				owners or operators shall operate and maintain all emission control equipment
				and combustion or process equipment or processes in compliance with all
				applicable rules.
(b) An emission
				unit must not be operated unless any required air pollution control device or
				devices and measures are also in operation simultaneously and are not
				bypassed.
(c) Source owners or
				operators must bring emissions in excess of applicable limits into compliance
				with all practicable speed, and take appropriate actions to:
(1) correct the conditions causing the
				emissions to exceed applicable limits;
(2) reduce the frequency of occurrence of the
				conditions;
(3) minimize the amount
				by which the limits are exceeded; and
(4) reduce the length of time for which the
				limits are exceeded.
These actions must be initiated as expeditiously as
				  practicable.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-5 - Excessive malfunctions; department actions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 5.
The commissioner may consider the following guidance in
				  determining cases of excessive malfunctions:
(1) If records show that repeated
				malfunctions exceed five percent (5%) of the normal operational time for any
				one (1) control device or combustion or process equipment, the commissioner may
				require that the maintenance program be improved or that the defective or
				faulty equipment or emission control device be replaced.
(2) The commissioner may require curtailment
				of operation of an emission unit if the owner or operator of the emission unit
				and emission control device cannot demonstrate that for the most recent twelve
				(12) month period the emission unit and the emission control device have
				operated in compliance with the applicable rules at least ninety-five percent
				(95%) of the operating time of the equipment.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 6 - Malfunctions › Section 6-6 - Malfunction emission reduction program

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 6.
(a) Any
				owner or operator of an emission unit that is required to obtain a permit under
				section 1 of this rule shall submit a malfunction emission reduction program
				within one hundred eighty (180) days after a new emission unit commences
				operation.
(b) The program must
				include:
(1) the normal operating emission
				rate; and
(2) the actions that will
				be taken to reduce emissions in the event of a malfunction to an emission rate
				that will not contribute to the cause of the violation of the ambient air
				quality standards established in 326 IAC 1-3.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 7 - Stack Height Provisions › Section 7-1 - Applicability

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 1.
This rule ( 326 IAC 1-7 ) shall apply to:
(1) All sources having exhaust gas stacks
				through which a potential of twenty-five (25) tons per year or more of
				particulate matter are emitted.
(2)
				All sources having exhaust gas stacks through which a potential of twenty-five
				(25) tons per year or more of sulfur dioxide are emitted.
(3) All dispersion techniques used in ambient
				air quality modeling for the purpose of establishing an emission limitation and
				for calculating the ambient air quality impact of a
				source.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 7 - Stack Height Provisions › Section 7-2 - Definitions

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 2.
"Dispersion technique" means any techniques which effect the
				  concentration of a pollutant in the ambient air by using that portion of a
				  stack which exceeds good engineering practice stack height, varying the rate of
				  emission of a pollutant according to atmospheric conditions or ambient
				  concentrations of the pollutant or by using techniques which have the effect of
				  enhancing plume rise, thereby resulting in greater dispersion. Exemptions from
				  this definition include:
(1) the
				reheating of a gas stream, following use of a pollution control system, for the
				purpose of returning the gas to the temperature at which it was originally
				discharged from the facility generating the gas stream;
(2) the use of smoke management in
				agricultural or silvicultural programs;
(3) the episodic restrictions on wood
				burning;
(4) the merging of gas
				streams where the source or facility was originally designed and constructed
				with merged gas streams; or
(5)
				techniques at facilities that emit less than five thousand (5,000) tons per
				year of sulfur dioxide.
"Elevated terrain" means terrain which exceeds the elevation
				  of the good engineering practice stack height as calculated pursuant to 326 IAC
				  1-7-4(a).
"Excessive concentrations", for the purpose of determining
				  good engineering practice stack height in a fluid model or field study, means a
				  maximum concentration due to downwash, wakes, or eddy effects proceeded by
				  structures or terrain features which is at least forty percent (40%) in excess
				  of the maximum concentration experienced in the absence of such downwash,
				  wakes, or eddy effects and results in an exceedance of either a national
				  ambient air quality standard (NAAQS) or applicable prevention of significant
				  deterioration (PSD) increment.
"Nearby", as used in 326 IAC 1-7-4(a), means that distance up
				  to five (5) times the lesser of the height or width dimension of a structure
				  but not greater than 0.8 km (one-half (1/2) mile). The height of the structure
				  is measured from the ground level elevation at the base of the stack. For fluid
				  modeling demonstrations, a terrain feature is considered "nearby" if it begins
				  within 0.8 km (one-half (1/2) mile) of the stack, it achieves a height equal to
				  forty percent (40%) of GEP stack height or twenty-six (26) meters whichever is
				  greater, and extends a distance of up to ten (10) times the height of the
				  terrain feature, not to exceed 3.2 kilometers (two (2) miles).
"Stack" means any point in a source designed to emit solids,
				  gases, or liquids into the air, including a pipe or duct but not including
				  flares.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 7 - Stack Height Provisions › Section 7-3 - Actual stack height provisions

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 3.
(a) All
				exhaust gas stacks subject to this rule ( 326 IAC 1-7 ) for which construction
				commenced after June 19, 1979, shall be constructed using good engineering
				practice (GEP). Stack height shall be sufficient to insure that emissions from
				said stack will not cause excessive ground level concentrations due to
				atmospheric downwash, wakes, and eddies. The GEP stack height shall be
				calculated by adding the height of the supporting or the nearby structure,
				whichever is largest, to 1.5 times the lesser dimension (height or width) of
				the supporting or nearby structure. The nearby structure shall be within five
				(5) times the lesser dimension (width or height) of that structure, but shall
				in no event exceed 0.8 kilometers (one-half (1/2) mile). A greater or lesser
				stack height may be allowed through wind tunnel, field studies or other methods
				that show to the satisfaction of the commissioner that no such excessive
				concentrations, due to less than adequate stack height, will result.
(b) A source for which construction or
				modification commenced prior to June 19, 1979, may request the commissioner to
				allow an increase in stack height up to GEP as defined in subsection (a) above.
				Such increase shall be allowed if:
(1) the
				source demonstrates to the commissioner that said increase will not cause a
				violation of the ambient air quality standards as set forth in 326 IAC 1-3 or
				PSD increments as set forth in 326 IAC 1-2; and
(2) the source demonstrates to the
				commissioner that such increase is necessary to prevent downwash.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 7 - Stack Height Provisions › Section 7-4 - Ambient air quality modeling; stack height provisions

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 4.
(a) For the
				purpose of establishing limits on the maximum stack height credit to be used in
				ambient air quality modeling and for calculating the air quality impact of a
				source, the stack height shall be the greater of:
(1) 65 meters;
(2) for stacks in existence on or before
				January 12, 1979, and for which the owner or operator had all applicable
				preconstruction permits or approvals as required by 326 IAC 2:
Hg = 2.5H;
(3) for stacks in existence after January 12,
				1979:
Hg = H + 1.5L, where:
Hg = GEP height, measured from the ground level elevation at
				  the base of the stack.
H = Height of nearby structure(s) measured from the ground
				  elevation at the base of the stack.
L = Lesser dimension (height or projected width) of nearby
				  structures.
The commissioner shall require fluid modeling and field
				  studies in cases where the commissioner believes the formulas may significantly
				  overstate the appropriate stack height credit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 1 - GENERAL PROVISIONS › Rule 7 - Stack Height Provisions › Section 7-5 - Exemptions; limitations

Current through July 10, 2024
Authority: IC 13-1-1-4; IC 13-7-7
Affected: IC 13-1-1
Sec. 5.
(a) All
				sources having less than twenty-five (25) tons per year of actual emissions
				(after controls) shall be exempt from the requirements specified in 326 IAC
				1-7-3(a).
(b) The requirements
				specified in 326 IAC 1-7-4 shall not apply to stack heights in existence, or
				dispersion techniques implemented prior to December 31, 1970.
(c) Asphalt concrete plants are exempted from
				the requirements specified in 326 IAC 1-7-3.
(d) Stack that commenced construction or
				modifications that would raise them to GEP formula height prior to October 11,
				1983, shall not be required to demonstrate GEP height by fluid modeling or
				field demonstration.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-1 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-11-2; IC 13-15; IC 13-17
Sec. 1.
For purposes of this article, the definition given for a term
				  in this rule shall control in any conflict between 326 IAC 1-2 and this
				  article. In addition to the definitions provided in IC 13-11-2 and 326 IAC 1-2,
				  the following definitions apply throughout this article unless expressly stated
				  otherwise or unless the context clearly implies otherwise:
(1) "Authorized individual" means an
				individual responsible for the overall operation of one (1) or more
				manufacturing, production, or operating plants or a duly authorized
				representative of the person. For any public agency, the term means either a
				ranking elected official, the chief executive officer, or a designated
				representative of the person having responsibility for the overall operations
				of a principal geographic unit of the agency.
(2) "Direct PM2.5"
				means solid particles emitted directly from an air emissions source or
				activity, or gaseous emissions or liquid droplets from an air emissions source
				or activity that condense to form PM2.5 at ambient
				temperatures. Direct PM2.5 emissions include elemental
				carbon, directly emitted organic carbon, directly emitted sulfate, directly
				emitted nitrate, and other inorganic particles, including, but not limited to,
				crustal material, metals, and sea salt.
(3) "General permit" means a permit that is
				applicable to a class or category of sources or modifications thereto, whether
				or not under common ownership or control, that are subject to similar
				applicable requirements.
(4) "Minor
				source" means any source or facility to which 326 IAC 2-5.1 applies, but to
				which neither 326 IAC 2-2 nor 326 IAC 2-3 applies.
(5) "New emissions unit" means an emissions
				unit for which construction commences on or after December 25, 1998.
(6) "New portable source" means any portable
				operation that:
(A) has not commenced
				construction as of December 25, 1998; or
(B) does not have a valid operating permit as
				of December 25, 1998.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-2 - Applicability

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. 2.
(a) This rule
				applies to the issuance of a registration, permit, modification approval, or
				operating permit revision required under this article and the sources or
				emissions unit or units required to obtain a registration, permit, modification
				approval, or operating permit revision under this article, except where rules
				in this article establish more specific requirements. No person shall
				construct, operate, or modify a source or emissions unit required to obtain a
				registration, permit, modification approval, or operating permit revision prior
				to issuance of a registration, permit, modification approval, or operating
				permit revision, except as provided in this article.
(b) Specific registration, permitting,
				modification approval, and operating permit revision requirements are located
				in the following provisions of this article:
(1) Construction of major sources and major
				modifications in attainment areas under 326 IAC 2-Sec. 2.
(2) Construction of major sources and major
				modifications in nonattainment areas under 326 IAC 2-3.
(3) Construction or reconstruction of major
				sources of hazardous air pollutants under 326 IAC 2-4.1.
(4) Construction of new sources under 326 IAC
				2-5.1.
(5) Operation and
				modification of minor sources pursuant to registrations under 326 IAC
				2-5.5.
(6) Operation and
				modification of minor sources pursuant to state operating permits under 326 IAC
				2-6.1.
(7) Operation and
				modification of major sources pursuant to Part 70 permits under 326 IAC
				2-7.
(8) Operation and modification
				of minor sources pursuant to federally enforceable state operating permits
				(FESOPs) under 326 IAC 2-8.
(9)
				Operation and modification of minor sources pursuant to source specific
				operating agreements (SSOAs) under 326 IAC 2-9.
(10) Operation and modification of sources
				pursuant to permits-by-rule under 326 IAC 2-10 or 326 IAC 2-11.
(11) Operation and modification of sources
				pursuant to general permits under 326 IAC 2-1Sec. 2.
(12) Modification of sources pursuant to
				interim permit revision procedures under 326 IAC 2-13.
(13) Operation and modification of portable
				sources under 326 IAC 2-14.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-3 - Exemptions

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.
(a) The
				operation of a source that consists solely of emission units, operations, or
				processes identified in this section is exempt from the registration and
				permitting requirements of this article unless the potential to emit any
				regulated pollutant from the entire source exceeds an emission threshold
				establishing the requirement to have a registration or permit under this
				article.
(b)
[Voided by
				P.L. 112-2000, SECTION 7, effective March 16, 2000.]
(c) Construction or modification of any
				emission unit, operation, or process identified in this section is exempt from
				the new source requirements in
				326 IAC 2-5.1-2 for
				registrations, new source requirements in
				326 IAC 2-5.1-3 for
				permits, modification approval requirements in
				326 IAC
				2-7-10.5, and permit revision requirements in
				326 IAC 2-6.1-6
				and
				326 IAC
				2-8-11.1, unless the construction or modification:
(1) is subject to federal prevention of
				significant deterioration requirements in 326 IAC 2-2 and
				40 CFR
				52.21 *;
(2) is subject to nonattainment new source
				review requirements in 326 IAC 2-3;
(3) is located at a source that has an
				operating permit issued under 326 IAC 2-7, where the construction or
				modification would be considered a Title I modification under 40 CFR Part 70*;
				or
(4) would result in the source
				needing to make a transition to an operating permit issued under 326 IAC 2-6.1,
				326 IAC 2-7, or 326 IAC 2-8.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-4 - Federal 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. 4.
(a) Nothing
				in this article shall allow for the circumvention or violation of any federal
				law or regulation or the requirements under 326 IAC 2-2, 326 IAC 2-3, 326 IAC
				2-4.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9. In the case of a conflict
				between this rule and a provision of federal law or regulation, the more
				stringent requirement applies.
(b)
				Any person proposing the construction of a major prevention of significant
				deterioration (PSD) source or major PSD modification as defined under 326 IAC
				2-2, that is or will be located in an attainment area or unclassified area
				under 326 IAC 1-4, shall comply with the requirements of 326 IAC 2-2 in
				addition to the applicable requirements of this rule.
(c) Any person proposing the construction or
				modification of a major source or emissions unit as defined under 326 IAC 2-3,
				that will:
(1) significantly impact upon the
				air quality of a nonattainment area; or
(2) be located in a nonattainment area under
				326 IAC 1-4;
shall comply with the requirements of 326 IAC 2-3 in addition
				  to the applicable requirements of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-5 - Air quality requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 5.
The commissioner shall not issue preconstruction approval to
				  any person for construction or modification of any source or emission unit if
				  the commissioner determines that the terms and conditions of the
				  preconstruction approval:
(1) will
				interfere with attainment or maintenance of any National Ambient Air Quality
				Standards (NAAQS) set forth in 326 IAC 1-3;
(2) do not comply with the requirements of
				326 IAC 2-2 for construction or modification of a major stationary source or
				major modification as defined in 326 IAC 2-2 that is or will be located in an
				attainment or unclassified area under 326 IAC 1-4;
(3) do not comply with the requirements of
				326 IAC 2-3 for construction or modification of a major stationary source or
				major modification as defined under 326 IAC 2-3 that is or will be located in a
				nonattainment area under 326 IAC 1-4;
(4) do not assure compliance with all
				applicable air pollution control rules, except as provided by an enforceable
				compliance schedule; or
(5) are not
				protective of the public health.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-6 - Public notice

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-15-3-1; IC
				  13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5-3; IC 13-17
Sec. 6.
(a)
				Registrations, permits, modification approvals, and operating permit revisions
				issued under this article are subject to the following public notice
				requirements, except as otherwise required in this article. The commissioner
				shall notify the public of the opportunity to comment on the proposed approval
				or denial of the registration, permit, modification approval, or operating
				permit revision as follows:
(1) The
				commissioner shall do the following:
(A)
				Provide notice of the receipt of a permit or operating permit revision
				application to the following:
(i) The county
				executive of a county that is affected by the permit application.
(ii) The executive of a city that is affected
				by the permit application.
(iii)
				The executive of a town council of a town that is affected by the permit
				application. The commissioner may require a person who submits an application
				to provide information on the application necessary for the commissioner to
				implement this subdivision.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-7 - Fees

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2;IC 13-17
Affected: IC 13-15; IC 13-16-2
Sec. 7.
(a) In
				accordance with this section, the applicant shall pay a fee based upon the cost
				to the commissioner of processing and reviewing applications or requirements
				for the following:
(1) A permit.
(2) An operating agreement.
(3) A registration.
(4) A modification.
(5) A revision.
(6) The cost of determining compliance with
				the terms and conditions of a permit.
(7) Any other applicable authorization
				identified in this section.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-7.5 - Transition fees and procedures

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15
Sec. 7.5.
(a) A
				permittee may choose to change the level of operating permit under the
				following conditions:
(1) For the new level
				of operating permit, the source must meet all applicable:
(A) limits;
(B) conditions; and
(C) legal restrictions.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-8 - Time periods for determination on permit applications

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; IC 13-15; IC 13-17
Sec. 8.
(a) The
				department shall approve or deny an application received by the department
				within the following number of calendar days from receipt of the application:
(1) Two hundred seventy (270) days for an
				application concerning an air pollution construction permit for the following:
(A) A major source or major
				modification.
(B) A significant
				source modification.
(C) A
				significant permit revision under the following:
(i) 326 IAC 2-6.1-6(i)(1)(A).
(ii) 326 IAC 2-7-10.5(g)(1); or 326 IAC
				2-8-11.1(f)(1)(A).
(D) A
				federally enforceable state operating permit (FESOP) under 326 IAC 2-Sec.
				8.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-9 - Revocation

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.
Any permit to construct or operate or any permit revision
				  approval, permit modification approval, or source modification approval granted
				  by the commissioner may be revoked for any of the following reasons:
(1) Violation of any conditions of the
				permit, permit revision approval, permit modification approval, or source
				modification approval.
(2) Failure
				to disclose all the relevant facts or misrepresentation in obtaining the
				permit, permit revision approval, permit modification approval, or source
				modification approval.
(3) Changes
				in regulatory requirements that mandate either a temporary or permanent
				reduction of discharge of contaminants. However, the amendment of appropriate
				sections of a permit shall not require revocation of a permit.
(4) Noncompliance with an order issued under
				326 IAC 1-5 to reduce emissions during an air pollution episode.
(5) For a permit authorizing construction,
				failure to commence construction of the source or emissions unit within
				eighteen (18) months from the date of the issuance of the permit or if, during
				the construction of the source or emissions unit, work is suspended for a
				continuous period of one (1) year or more.
(6) Any other cause that establishes in the
				judgment of the commissioner the fact that continuance of the permit, permit
				revision approval, permit modification approval, or source modification
				approval is not consistent with the purposes of this article.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-9.5 - General provisions; term of permit

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-3-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-11-2; IC 13-15-3-6; IC 13-17
Sec. 9.5.
(a) Except
				as provided in IC 13-15-3-6(a) and subsection (b), the following are effective
				for a term not to exceed five (5) years:
(1)
				A permit to construct.
(2) A permit
				to operate.
(3) A permit
				modification.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-10 - Local agencies

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 13-15-6; IC 13-17
Sec. 10.
(a) A local
				agency may be authorized by the commissioner to do the following:
(1) Process and review applications for
				registrations, construction permits, operating permits, and operating permit
				revisions required under this article.
(2) Issue or deny registrations, construction
				permits, operating permits, and permit revision approvals in accordance with
				the requirements of this article as a designated representative of the
				commissioner.
Such authorization may be in the form of a written agreement
				  or contract between the commissioner and the local agency.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 1.1 - General Provisions › Section 1.1-11 - Compliance requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
				  13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 11.
The commissioner may require stack testing, monitoring, or
				  reporting at any time to assure compliance with all applicable requirements.
				  Any monitoring or testing shall be performed in accordance with 326 IAC 3 or
				  other methods approved by the commissioner or the U.S. EPA. This section
				  applies to all sources issued a registration, permit, modification approval, or
				  permit revision under this article.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-1 - Definitions

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
				definitions in this section apply throughout this rule.
(b) "Actual emissions" means the actual rate
				of emissions of a regulated new source review (NSR) pollutant from an emissions
				unit as determined in accordance with the following:
(1) In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive twenty-four (24) month
				period preceding the particular date and representative of normal source
				operation. The department shall allow the use of a different time period upon a
				determination that it is more representative of normal source operation. Actual
				emissions shall be calculated using the unit's actual operating hours,
				production rates, and types of materials processed, stored, or combusted during
				the selected time period.
(2) The
				department may presume that source-specific allowable emissions for the unit
				are equivalent to the actual emissions of the unit.
(3) For any emissions unit that has not begun
				normal operations on the particular date, actual emissions shall equal the
				potential to emit of the unit on that date.
(4) The term shall not apply for calculating
				a significant emissions increase under section 2(d) of this rule or for
				establishing a PAL under 326 IAC 2-2.4. Instead, subsections (e) and (pp) shall
				apply for those purposes.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-3 - Control technology review; requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-11; IC 13-15; IC 13-17
Sec. 3.
Any owner or operator of a major stationary source or major
				  modification shall comply with the following requirements:
(1) A major stationary source or major
				modification shall meet each applicable emissions limitation under the state
				implementation plan and each applicable emissions standard and standard of
				performance under 40 CFR Part 60* and 40 CFR Part 61*.
(2) A new, major stationary source shall
				apply best available control technology for each regulated NSR pollutant for
				which the source has the potential to emit in significant amounts as defined in
				section 1 of this rule.
(3) A major
				modification shall apply best available control technology for each regulated
				NSR pollutant for which the modification would result in a significant net
				emissions increase at the source. This requirement applies to each proposed
				emissions unit at which a net emissions increase of the pollutant would occur
				as a result of a physical change or change in the method of operation in the
				unit.
(4) For phased construction
				projects, the determination of best available control technology shall be
				reviewed and modified as appropriate at the latest reasonable time, which
				occurs no later than eighteen (18) months prior to commencement of construction
				of each independent phase of the project. At this time, the owner or operator
				of the applicable source may be required to demonstrate the adequacy of any
				previous determination of best available control technology for that source.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Printing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401 or are available for review and copying at the Indiana
				  Department of Environmental Management, Office of Air Quality, Indiana
				  Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
				  Indiana 46204.