Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-4-9; IC 13-17
Sec. 3.
(a) On and
after December 25, 1998, a new source must obtain a construction permit prior
to beginning construction of an emissions unit under either of the following
conditions:
(1) The potential to emit is equal
to or greater than the following:
(A) One (1)
ton or more per year of lead or lead compounds measured as elemental lead and
the source is one (1) of the following:
(i) A
primary lead smelter.
(ii) A
secondary lead smelter.
(iii) A
primary copper smelter.
(iv) A lead
gasoline additive plant.
(v) A
lead-acid storage battery manufacturing plant that produces two thousand
(2,000) or more batteries per day.
(B) Five (5) tons or more per year of lead or
lead compounds measured as elemental lead and the source is not listed in
clause (A).
(C) One hundred (100)
tons per year of carbon monoxide (CO).
(D) Ten (10) tons per year of any single HAP
or twenty-five (25) tons per year of any combination of HAPs listed pursuant to
Section 112(b) of the CAA.
(E)
Twenty-five (25) tons per year of the following regulated air pollutants:
(i) PM, PM10, or
direct PM2.5.
(ii) Sulfur dioxide
(SO2).
(iii)
Nitrogen oxides (NOx).
(iv) VOC.
(v) Hydrogen sulfide
(H2S).
(vi)
Total reduced sulfur (TRS).
(vii)
Reduced sulfur compounds.
(viii)
Fluorides.
(2) The source belongs to any of the
following source categories:
(A) A source
consisting of a chromium electroplating tank, chromium anodizing tank, or an
operation subject to 326 IAC
20-8. Sources consisting only of decorative
chromium electroplating tanks that use a trivalent chromium process that
incorporates a wetting agent that are subject to section 2 of this rule are not
included.
(B) A source that
includes medical waste incinerators subject to 40 CFR
60, Subpart
Ec*.
(C) Area or minor sources that
include an emission unit or units that require a Part 70 operating permit under
326 IAC
2-7.
(b) Any person proposing the construction of
a new source and required to obtain a construction permit under subsection (a),
including any source or emissions unit that is subject to 326 IAC
2-2,
326 IAC
2-3, or 326 IAC
2-4.1, shall prepare and submit a permit application to the
commissioner in accordance with subsection (c).
(c) At a minimum, an application shall
include the following information:
(1) The
company name and address.
(2) The
following descriptive information:
(A) A
description of the nature and location of the proposed construction.
(B) The design capacity and typical operating
schedule of the proposed construction.
(C) A description of the source and the
emissions unit or units comprising the source.
(D) A description of any emission control
equipment, including design specifications.
(3) A schedule for construction of the
source.
(4) The following
information as needed to assure all reasonable information is provided to
evaluate compliance consistent with the permit terms and conditions, the
underlying requirements of this title and the CAA, the ambient air quality
standards set forth in 326 IAC
1-3, or the prevention of significant
deterioration maximum allowable increase under 326 IAC
2-2:
(A) Information on the nature and amount of
the pollutants to be emitted, including an estimate of the potential to emit
any regulated air pollutants.
(B)
Estimates of offset credits as required under 326 IAC
2-3, for sources to be
constructed in nonattainment areas.
(C) Monitoring, testing, reporting, and
record keeping requirements.
(D)
Any other information (including, but not limited to, the air quality impact)
determined by the commissioner to be necessary to demonstrate compliance with
the requirements of this title and the requirements of the CAA, whichever are
applicable.
(5) Each
application shall be signed by an authorized individual, unless otherwise
noted, whose signature constitutes an acknowledgment that the applicant assumes
the responsibility of assuring that the source, emissions unit or units, or
emission control equipment will be constructed and will operate in compliance
with all applicable Indiana air pollution control rules and the requirements of
the CAA. The signature shall:
(A) constitute
affirmation that the statements in the application are true and complete, as
known at the time of completion of the application; and
(B) subject the applicant to liability under
state laws forbidding false or misleading statements.
(d) If the commissioner finds an
application submitted in accordance with this rule to be incomplete, the
commissioner shall mail a notice of deficiency to the applicant that specifies
the portions of the application that:
(1) do
not contain adequate information for the commissioner to process the
application; or
(2) are not
consistent with applicable law or rules.
The applicant shall forward the required additional
information to the commissioner, or request additional time for providing the
information, within thirty (30) calendar days of receipt of the notice of
deficiency. If the additional information is not submitted within thirty (30)
calendar days, or the additional time provided by the commissioner, the
application may be denied in accordance with IC 13-15-4-9.
(e) Permits issued under this rule
shall contain the following:
(1) Emission
limitations for any source or emissions unit that assure:
(A) the ambient air quality standards set
forth in 326 IAC
1-3 will be attained or maintained, or both;
(B) the applicable prevention of significant
deterioration maximum allowable increases set forth in 326 IAC
2-2 will be
maintained;
(C) the public health
will be protected; and
(D)
compliance with the requirements of this title and the requirements of the CAA
will be maintained.
(2)
Monitoring, testing, reporting, and record keeping requirements that assure
reasonable information is provided to evaluate compliance consistent with the
permit terms and conditions, the underlying requirements of this title and the
CAA. The requirements shall be in accordance with 326 IAC
3 and other
applicable regulations.
(3) A
requirement that any revision of an emission limitation, monitoring, testing,
reporting, and record keeping requirements shall be made consistent with the
permit revision requirements under 326 IAC
2-6.1-6,
326 IAC 2-7-12, or 326 IAC
2-8-11.1.
(4) The following
requirements with respect to compliance:
(A)
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.
(B)
Upon presentation of credentials and other documents as may be required by law,
the owner or operator shall allow the commissioner, an authorized
representative of the commissioner, or the U.S. EPA to perform the following:
(i) Enter upon the premises where:
(AA) a permitted source is located or
emissions related activity is conducted; or
(BB) records required by a permit term or
condition are kept.
(ii)
Have access to and copy any records that must be kept under this title or the
conditions of a permit or permit revision.
(iii) Inspect any:
(AA) operations;
(BB) processes;
(CC) emissions units (including monitoring
and air pollution control equipment); or
(DD) practices;
regulated or required under a permit or permit
revision.
(iv)
Sample or monitor substances or parameters for the purpose of assuring
compliance with a permit, permit revision, or applicable requirement, as
authorized by the CAA and this title.
(v) Document alleged violations using cameras
or video equipment. The documentation may be subject to a claim of
confidentiality under 326 IAC
17.1.
(5) For sources that will operate pursuant to
an operating permit under 326 IAC
2-6.1, a requirement that an authorized
individual provide an annual notice to the department that the source is in
operation and in compliance with the permit. The commissioner may request that
the source provide an identification of all emissions units that have been
installed that are described under 326 IAC
2-1.1-3(d)(1) through 326 IAC
2-1.1-3(d)(31) with the annual notification.
(f) Any permit issued under this section
shall conform to the permit content requirements under subsection (e), except
for the following:
(1) Any permit that
includes limitations on the potential to emit of a source must conform with the
federally enforceable state operating permit (FESOP) permit content and
compliance requirements under 326 IAC
2-8-4 and
326 IAC 2-8-5.
(2) An applicant may request that the permit
content and compliance requirements conform with the Part 70 requirements under
326 IAC
2-7-5 and
326 IAC 2-7-6 if the applicant is also requesting that the
Part 70 permit issuance requirements under 326 IAC
2-7 apply.
(g) The commissioner shall provide
for public notice and comment in accordance with 326 IAC
2-1.1-6 prior to
issuing a construction permit.
(h)
After receiving an approval to construct and prior to receiving approval to
operate, a source shall prepare an affidavit of construction as follows:
(1) The affidavit shall include the
following:
(A) The name and title of the
authorized individual.
(B) The
company name.
(C) An affirmation
that the source was constructed in conformance with the requirements and intent
of the construction permit application.
(D) Identification of any changes to the
source not included in the construction permit application or any amendment
thereof.
(E) The signature of the
authorized individual.
(2) The affidavit shall be
notarized.
(3) A source shall
submit the affidavit to the commissioner after construction has been
completed.
(i) A source
may not operate any air pollutant emitting source or emissions unit prior to
receiving a validation letter issued by the commissioner, except as provided in
the following:
(1) A source may operate upon
submission of an affidavit of construction that affirms that the source is
described by, and will comply with, the construction permit as issued or
previously amended.
(2) The
commissioner shall issue a validation letter within five (5) working days of
receipt of the affidavit of construction.
(3) The validation letter may authorize the
operation of all or part of the source.
(4) The validation letter may include
amendments to the permit if the amendments are requested by the source and if
the amendment does not constitute a revision and require public notice and
comment under 326 IAC
2-1.1-6.
(5)
A validation letter may not approve the operation of any emissions unit if an
amendment requested by the source would constitute a revision and require
public notice and comment under 326 IAC
2-1.1-6.
*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 Legal Counsel, Indiana
Government Center North, Thirteenth Floor, 100 North Senate Avenue,
Indianapolis, Indiana 46204.