326 IAC 2-8-4 - Permit content
Authority: IC 13-14-8; IC 13-15-3-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 4.
The following shall be included in each FESOP issued under this rule:
(1) Emission limitations and
standards, including those operational requirements and limitations that limit
the source's capacity to emit any air pollutants such that it does not fall
within any of the categories listed in 326 IAC 2-7-2(a) and that assure
compliance with all applicable requirements at the time of FESOP issuance. The
FESOP shall include the following:
(A) The
FESOP shall:
(i) specify and reference the
origin of and authority for each term or condition; and
(ii) identify any difference in form as
compared to the applicable requirement upon which the term or condition is
based.
(B) Where an
applicable requirement of the CAA is more stringent than an applicable
requirement of regulations promulgated under Title IV of the CAA, both
provisions shall be:
(i) incorporated into the
FESOP; and
(ii) described in the
permit as enforceable by the commissioner and the U.S. EPA.
(C) If an applicable
implementation plan allows a determination of an alternative emission limit for
a FESOP source, equivalent to that contained in the plan, to be made in the
permit issuance, renewal, or significant modification process, and the
commissioner elects to use the process, any FESOP containing an alternative
emission limit based on such an equivalency determination shall contain
provisions to ensure that the emissions limit has been demonstrated to be:
(i) quantifiable;
(ii) accountable;
(iii) enforceable; and
(iv) based on replicable
procedures.
(D) Emission
limitations applicable to start-up, shutdown, and emergency bypasses shall be
addressed on a case-by-case basis in the permit. The limitations shall be
designed so as to minimize the:
(i) frequency
of such events; and
(ii) excess
emissions caused by these events; to the extent feasible, taking into
consideration available technologies, safety, cost, and other relevant
factors.
(2)
A permit term not to exceed the following:
(A)
Five (5) years from the date of issuance for new permits.
(B) Ten (10) years from the date of issuance
for permit renewals.
(3)
Monitoring and related record keeping and reporting requirements that assure
that all reasonable information is provided to evaluate continuous compliance
with the applicable requirements. At a minimum, the following shall be
contained in each FESOP:
(A) Each FESOP shall
contain the following requirements with respect to monitoring:
(i) All emissions monitoring and analysis
procedures or test methods required under the applicable requirements,
including any procedures and methods promulgated under Section 504(b) or
114(a)(3) of the CAA.
(ii) Where an
applicable requirement does not require periodic testing or instrumental or
noninstrumental monitoring, which may consist of record keeping designed to
serve as monitoring, periodic monitoring specifications sufficient to yield
reliable data from the relevant time period that are representative of the
source's compliance with the FESOP, as reported under clause (C). The
monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirement. Record keeping provisions may be sufficient to meet the
requirements of this clause.
(iii)
As necessary, requirements concerning the use, maintenance, and, where
appropriate, installation of monitoring equipment or methods.
(B) With respect to record
keeping, the FESOP shall incorporate all applicable record keeping
requirements, including, where applicable, the following:
(i) Records of required monitoring
information that include the following:
(AA)
The date, place, as defined in the FESOP, and time of sampling or
measurements.
(BB) The dates
analyses were performed.
(CC) The
company or entity that performed the analyses.
(DD) The analytical techniques or methods
used.
(EE) The results of the
analyses.
(FF) The operating
conditions as existing at the time of sampling or measurement.
(ii) Retention of records of all
required monitoring data and support information for a period of at least five
(5) years from the date of the monitoring sample, measurement, report, or
application. Support information includes the following:
(AA) All calibration and maintenance
records.
(BB) All original strip
chart recordings for continuous monitoring instrumentation.
(CC) Copies of all reports required by a
FESOP.
(DD) For the purposes of
complying with this subdivision, the permittee shall retain the records on-site
for three (3) years and shall make them available upon request for the two (2)
years following.
(C) With respect to reporting, a FESOP shall
incorporate all applicable reporting requirements and requirements for the
following:
(i) Submittal of reports of any
required monitoring at least every six (6) months. All instances of deviations
from FESOP requirements must be clearly identified in the reports. All required
reports must be certified by an authorized individual consistent with section
3(d) of this rule.
(ii) The
reporting of deviations from FESOP requirements, including those attributable
to upset conditions as defined in a FESOP permit, the probable cause of the
deviations, and any corrective actions or preventive measures taken. Proper
notice submittal under section 12 of this rule satisfies the reporting
requirements of this item. Notwithstanding requirements in this section, the
reporting of deviations required by an applicable requirement shall follow the
schedule stated in the applicable requirement.
(4) A severability clause to ensure the
continued validity of the various FESOP requirements in the event that a
portion of the FESOP is determined to be invalid.
(5) Provisions stating the following:
(A) The permittee must comply with all
conditions of the FESOP. Noncompliance with any provision of a FESOP is grounds
for the following:
(i) Enforcement
action.
(ii) FESOP termination,
revocation and reissuance, or modification.
(iii) Denial of a FESOP renewal
application.
(B) It
shall not be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of a FESOP.
(C) The FESOP may be modified, reopened,
revoked and reissued, or terminated for cause. The filing of a request by the
permittee for a FESOP modification, revocation and reissuance, or termination
or of a notification of planned changes or anticipated noncompliance does not
stay any FESOP condition.
(D) The
FESOP does not convey any property rights of any sort or any exclusive
privilege.
(E) The permittee shall
furnish to the commissioner, within a reasonable time, any information that the
commissioner may request in writing to determine whether cause exists for
modifying, revoking and reissuing, or terminating a FESOP or to determine
compliance with a FESOP. Upon request, the permittee shall also furnish to the
commissioner copies of records required to be kept by a FESOP, or, for
information claimed to be confidential, the permittee may furnish the records
directly to the U.S. EPA along with a claim of confidentiality.
(6) A provision to ensure that a
FESOP source pays fees to the commissioner consistent with the fee schedule
approved under section 16 of this rule.
(7) Terms and conditions that allow for
changes by the FESOP source among reasonably anticipated operating scenarios
that are identified by the source in its application as approved by the
commissioner. The terms and conditions shall:
(A) require the source, contemporaneously
with making a change from one (1) operating scenario to another, to make a
record in a log at the permitted facility of the scenario under which it is
operating; and
(B) for each such
alternative operating scenario, require compliance with all applicable
requirements and the requirements of this rule.
(8) Terms and conditions, if a FESOP
applicant requests them, for the trading of emissions increases and decreases
in the permitted facility, to the extent that the applicable requirements
provide for trading the increases and decreases without a case-by-case approval
of each emissions trade. The terms and conditions shall:
(A) include all terms required under section
5 of this rule to determine compliance; and
(B) require compliance with all applicable
requirements and requirements of this rule.
(9) A provision that requires the source to
do all of the following:
(A) Maintain on-site
the preventive maintenance plan required under section 3(c)(6) of this
rule.
(B) Implement the preventive
maintenance plan.
(C) Forward to
the department upon request the preventive maintenance plan.
(10) Descriptive
information.
(11) Terms and
conditions, if requested by the permit applicant, that, notwithstanding the
permit revision requirements under section 11.1 of this rule, allow the source
to make specifically identified modifications without review, provided the
operating permit includes terms and conditions that prescribe emissions
limitations and standards applicable to specifically identified modifications
or types of modifications that may occur during the term of the permit. The
permit conditions shall include the following:
(A) Emission limitations and standards
necessary to assure compliance with the permit terms and conditions and all
applicable requirements.
(B)
Monitoring, testing, reporting, and record keeping requirements that assure all
reasonable information is provided to evaluate continuous compliance with the
permit terms and conditions, the underlying requirements of this title, and the
CAA.
Notes
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