reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-4 - Air quality analysis; 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) Any
				application for a permit under the provisions of this rule shall contain an
				analysis of ambient air quality in the area that the major stationary source or
				major modification would affect for each of the following pollutants:
(1) For a source, each regulated NSR
				pollutant that the source would have the potential to emit in a significant
				amount.
(2) For a modification,
				each regulated NSR pollutant for which the modification would result in a
				significant net emissions increase.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-5 - Air quality impact; requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 5.
(a) The owner
				or operator of the proposed major stationary source or major modification shall
				demonstrate that allowable emissions increases in conjunction with all other
				applicable emissions increases or reductions (including secondary emissions)
				will not cause or contribute to air pollution in violation of any:
(1) ambient air quality standard, as
				designated in 326 IAC 1-3, in any air quality control region; or
(2) applicable maximum allowable increase
				over the baseline concentration in any area as described in section 6 of this
				rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-6 - Increment consumption; requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12
Sec. 6.
(a) Any
				demonstration under section 5 of this rule shall demonstrate that increased
				emissions caused by the proposed major stationary source or major modification
				will not exceed eighty percent (80%) of the available maximum allowable
				increases (MAI) over the baseline concentrations for sulfur dioxide, PM, and
				nitrogen dioxide indicated in subsection (b)(1). Available maximum allowable
				increases are determined by adjusting the MAI to include impacts from actual
				emissions:
(1) from any major stationary
				source or major modification on which construction commenced after the major
				source baseline date; and
(2)
				increases and decreases at any source occurring after the minor source baseline
				date.
On a case-by-case basis, a source may petition the
				  commissioner to use in excess of this eighty percent (80%). The commissioner
				  may authorize such use provided the source adequately demonstrates the need for
				  the same.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-7 - Additional analysis; requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 7.
(a) The owner
				or operator shall provide an analysis of the following:
(1) Impairment to visibility, soils, and
				vegetation that would occur as a result of the major stationary source or major
				modification and general commercial, residential, industrial, and other growth
				associated with the source or modification. The owner or operator need not
				provide an analysis of the impact on vegetation having no significant
				commercial or recreational value.
(2) The owner or operator shall provide an
				analysis of the air quality impact projected for the area as a result of
				general commercial, residential, industrial, and other growth associated with
				the source or modification.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-8 - Source obligation

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
				following shall apply to any owner or operator who proposes to construct,
				constructs, or operates a major stationary source or major modification subject
				to this rule:
(1) Approval to construct, under
				section 2(b) of this rule, shall become invalid if construction:
(A) is not commenced within eighteen (18)
				months after receipt of the approval;
(B) is discontinued for a period of eighteen
				(18) months or more; or
(C) is not
				completed within a reasonable time.
The commissioner may extend the eighteen (18) month period
				  upon a satisfactory showing that an extension is justified. This provision does
				  not apply to the time period between construction of the approved phases of a
				  phased construction project. Each phase must commence construction within
				  eighteen (18) months of the projected and approved commencement date.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-9 - Innovative control technology

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 9.
Any owner or operator of a proposed major stationary source
				  or major modification may request the commissioner in writing to approve a
				  system of innovative control technology as follows:
(1) The commissioner shall, with the consent
				of the governors of other affected states, allow the source or modification to
				employ a system of innovative control technology if the following are met:
(A) The proposed control system would not
				cause or contribute to an unreasonable risk to public health, welfare, or
				safety in its operation or function.
(B) The owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required under section 3 of this rule by a date specified by the
				commissioner. Such date shall not be later than four (4) years from the time of
				startup or seven (7) years from the date of permit issuance.
(C) The source or modification will meet the
				requirements of sections 3 and 5 of this rule, based on the emissions rate that
				the source employing the system of innovative control technology would be
				required to meet on the date specified by the commissioner.
(D) The source or modification will not,
				before the date specified by the commissioner:
(i) cause or contribute to a violation of an
				applicable ambient air quality standard as designated in 326 IAC 1-3;
or
(ii)
				impact any area where an applicable increment is known to be
				violated.
(E) All other
				applicable requirements, including those for public participation, have been
				met.
(F) If applicable, the
				provisions of section 14 of this rule, relating to Class I areas, have been
				satisfied with respect to all periods during the life of the source or
				modification.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-10 - Source information

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. 10.
The owner or operator of a proposed major stationary source
				  or major modification shall submit all information necessary to perform any
				  analysis or make any determination required under this rule as follows:
(1) With respect to a source or modification
				to which this rule applies, the information shall include the following:
(A) A description of the:
(i) nature;
(ii) location;
(iii) design capacity; and
(iv) typical operating schedule;
of the major stationary source or major modification,
				  including specifications and drawings showing its design and plant
				  layout.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-11 - Stack height provisions

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. 11.
(a) The
				allowed emission rate for any regulated pollutant under this rule shall not be
				affected in any manner by the following:
(1)
				That portion of a stack height exceeding good engineering practice, as
				established in 326 IAC 1-7, that was not in existence by December 31,
				1970.
(2) Any other dispersion
				technique not implemented before December 31, 1970.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-12 - Permit rescission

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15-6; IC 13-15-7; IC 13-17
Sec. 12.
Any permit issued under this rule shall remain in effect
				  unless and until it is rescinded, modified, revoked, or it expires in
				  accordance with 326 IAC 2-1.1-9.5 or section 8 of this rule. The following
				  apply to rescission:
(1) Any owner or
				operator of a major stationary source or major modification who holds a permit
				for the source or modification that was issued under 40 CFR 52.21 * or this
				rule prior to January 19, 2002, may request the commissioner to rescind the
				permit or a particular portion of the permit.
(2) The commissioner shall grant an
				application for rescission if the application shows that this rule would not
				apply to the major stationary source or major modification.
(3) If the commissioner rescinds a permit
				under this section, the public shall be given adequate notice of the
				rescission. Publication of an announcement of the rescission in the affected
				region within sixty (60) days of the rescission shall be considered adequate
				notice.
*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 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-13 - Area designation and redesignation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 13.
(a) All of
				the following areas that were in existence on August 7, 1977, shall be Class I
				areas and shall not be redesignated:
(1)
				International parks.
(2) National
				wilderness areas that exceed five thousand (5,000) acres in size.
(3) National memorial parks that exceed five
				thousand (5,000) acres in size.
(4)
				National parks that exceed six thousand (6,000) acres in size.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-14 - Sources impacting federal Class I areas: additional 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
				department shall provide written notice of any permit application for a
				proposed major stationary source or major modification, the emissions from
				which may affect a Class I area, to the federal land manager and the federal
				official charged with direct responsibility for management of any lands within
				the Class I area. The notification shall be given within thirty (30) days of
				receipt of a permit application and at least sixty (60) days prior to any
				public hearing on the application for a permit to construct and shall include
				the following:
(1) A copy of all information
				relevant to the permit application.
(2) An analysis of the proposed source's
				anticipated impacts on visibility in the federal Class I area.
The department shall also provide the federal land manager
				  and the federal officials with a copy of the preliminary determination required
				  under this section, and shall make available to them any materials used in
				  making that determination, promptly after the department makes the
				  determination. The department shall also notify all affected federal land
				  managers within thirty (30) days of receipt of any advance notification of any
				  permit application that may affect a Class I area.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-15 - Public participation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 15.
(a) An
				application submitted under this rule shall be processed in accordance with 326
				IAC 2-1.1-8.
(b) In addition to
				the requirements under 326 IAC 2-1.1-6, the requirements in this subsection
				apply. When making a permit decision under this rule, the department shall do
				the following:
(1) Make a preliminary
				determination whether construction should be approved, approved with
				conditions, or disapproved.
(2)
				Include information concerning the degree of increment consumption that is
				expected from the source or modification with the public notice under 326 IAC
				2-1.1-6(a)(2).
(3) Send a copy of
				the notice of public comment to the applicant, U.S. EPA, and officials and
				agencies having knowledge of the location where the proposed construction would
				occur as follows:
(A) Any other state or
				local air pollution control agencies.
(B) Any comprehensive regional land use
				planning agency.
(C) Any state,
				federal land manager, or Indian governing body whose lands may be affected by
				emissions from the source or modification.
(4) Consider all written comments submitted
				within a time specified in the notice of public comment and all comments
				received at any public hearing or hearings in making a final decision on the
				approvability of the application. The department shall make all comments
				available for public inspection in the same locations where the department made
				available preconstruction information relating to the proposed source or
				modification.
(5) Make a final
				determination whether construction should be approved, approved with
				conditions, or disapproved.
(6)
				Make the notification of the final determination available for public
				inspection at the same location where the department made available
				preconstruction information and public comments relating to the
				source.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2 - Prevention of Significant Deterioration (PSD) Requirements › Section 2-16 - Ambient air ceilings

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 16.
No concentration of a pollutant under this rule shall exceed
				  the concentration permitted under the national:
(1) secondary ambient air quality standard as
				listed under 40 CFR 50.5 through 40 CFR 50.7 * and 40 CFR 50.9 * through 40 CFR
				50.12 *; or
(2) primary ambient air
				quality standard as listed under 40 CFR 50.4 *, 40 CFR 50.6 * through 40 CFR
				50.9 *, 40 CFR 50.11 *, and 40 CFR 50.12 *;
whichever concentration is lowest for the pollutant for a
				  period of exposure.
*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.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-1 - 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) This rule
				governs actuals plantwide applicability limitations (PAL). 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 may
				approve the use of an actuals PAL for any existing major stationary source if
				the PAL meets the requirements in this rule.
(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 level, that 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 2-2; and
(3) is not subject to 326 IAC
				2-2-8(a)(3).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-2 - 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 2-2-1 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", for the purposes of this rule, 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-3 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-4 - General requirements for establishing PALs

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, 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) regulated NSR 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-5 - 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 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-6 - 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 applicable significant level for the
				PAL pollutant under 326 IAC 2-2-1(ww) or under the CAA, whichever is
				lower.
(b) For establishing the
				actuals PAL level for a PAL pollutant, only one (1) consecutive twenty-four
				(24) month period shall be used to determine the baseline actual emissions in
				accordance with 326 IAC 2-2-1(e) for all existing emissions units. A different
				consecutive twenty-four (24) month period may be used for each different PAL
				pollutant.
(c) Emissions associated
				with units that were permanently shutdown after this twenty-four (24) month
				period must be subtracted from the PAL level.
(d) Emissions from units, except
				modifications to existing units, on which actual construction began after the
				twenty-four (24) month period must be added to the PAL level in an amount equal
				to the potential to emit of the units.
(e) The department shall specify a reduced
				PAL level, in tons per year, in the PAL permit to become effective on the
				future compliance date of any applicable federal or state regulatory
				requirement that the department is aware of prior to issuance of the PAL
				permit.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-7 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-8 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-9 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-10 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-11 - 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 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-12 - 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 determine 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-13 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-14 - 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 2.4 - Actuals Plantwide Applicability Limitations in Attainment Areas › Section 2.4-15 - 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 3 - Emission Offset › Section 3-1 - 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 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 that:
(A) precedes the particular date;
				and
(B) is representative of normal
				source operation.
The commissioner 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.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3 - Emission Offset › Section 3-2 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) This rule
				applies to new major stationary sources or major modifications constructed in
				an area designated, as of the date of submittal of a complete application, as
				nonattainment in
				326 IAC
				1-4, for a pollutant for which the stationary source
				or modification is major.
(b) This
				rule applies to modifications of major stationary sources of VOC or nitrogen
				oxides (unless a NOX waiver is in effect) in serious and
				severe ozone nonattainment areas as follows:
(1) A modification of a major stationary
				source with a de minimis increase in emissions shall be exempt from section 3
				of this rule.
(2) A modification
				having an increase in emissions that is not de minimis to an existing major
				stationary source that does not have the potential to emit one hundred (100)
				tons or more of VOC or nitrogen oxides (unless a NOX
				waiver is in effect) per year will not be subject to section 3(a) of this rule
				if the owner or operator of the source elects to internal offset the increase
				by a ratio of one and three-tenths (1.3) to one (1). If the owner or operator
				does not make the election or is unable to, section 3(a) of this rule applies,
				except that BACT shall be substituted for LAER required by section 3(a)(2) of
				this rule.
(3) A modification
				having an increase in emissions that is not de minimis to an existing major
				stationary source emitting or having the potential to emit one hundred (100)
				tons of VOC or nitrogen oxides (unless a NOX waiver is
				in effect) or more per year will be subject to the requirements of section 3(a)
				of this rule, except that the owner or operator may elect to internal offset
				the increase at a ratio of one and three-tenths (1.3) to one (1) as a
				substitute for LAER required by section 3(a)(2) of this rule.
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3 - Emission Offset › Section 3-4 - Banking of emission offsets

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 4.
(a) For new
				sources obtaining permits by applying offsets after January 16, 1979, the
				commissioner may allow offsets that exceed the requirements of reasonable
				further progress toward attainment to be banked (i.e., saved to provide offsets
				for a source seeking a permit in the future) for use under this rule (
				326 IAC 2-3
				).
(b) An existing source that
				reduces its own emissions beyond those required by this title (326 IAC) may
				bank its excess emission reduction with the prior approval of the commissioner.
				The commissioner may allow these banked offsets to be used under the
				preconstruction review program as long as these banked emissions are identified
				and not used for in the control strategy submitted to EPA to demonstrate
				attainment and maintenance of ambient air quality standards.
(c) Banked emissions shall be the property of
				the person providing the offset and shall be identified and registered by the
				commissioner and shall be incorporated into an enforceable permit.
(d) Decrease in emissions may be credited for
				offset purposes only if it occurs between the date five (5) years before
				construction commences on a proposed physical or operational change and the
				date the increase in actual emissions from that change occurs. In other words,
				emission reductions may be banked for five (5) years, plus time for
				construction.
(e) The commissioner
				may not approve the construction of a source using banked offsets if the new
				source would interfere with the attainment and maintenance of ambient air
				quality standards or if such use would violate any other condition set forth in
				this rule (
				326 IAC 2-3 ).
Indiana Administrative Code › Title 326 - AIR POLLUTION CONTROL DIVISION › Article 2 - PERMIT REVIEW RULES › Rule 3 - Emission Offset › Section 3-5 - Location of offsetting emissions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 5.
Emission offsets generally must be obtained by the same
				  source or other existing sources in the same nonattainment area. However, the
				  commissioner may allow offsets to be obtained in another nonattainment area
				  under the following conditions:
(1)
				The other nonattainment area must have an equal or higher nonattainment
				classification than the nonattainment area in which the source would construct.
				This nonattainment classification must be for the same pollutant.
(2) The emissions from the other
				nonattainment area must contribute to a violation of the national ambient air
				quality standard in the nonattainment area in which the source would construct.
However, it is desirable to obtain offset from sources
				  located as close to the proposed new source site as possible. The applicant
				  shall show that nearby offsets were investigated and reasonable alternatives
				  were not available before offsets from sources at greater distances can be
				  approved. In such cases, the commissioner may increase the ratio of the
				  required offsets.