Sec. 5.
(a) Except as
provided in section 4(b) of this rule, a violation of this rule shall
constitute prima facie evidence of a violation of the applicable mass emission
limitation. A violation of the mass emission rule may be refuted by a
performance test conducted in accordance with 326 IAC
3-6. The test shall
refute the mass emission violation only if the source is shown to be in
compliance with the allowable mass emission limit. An exceedance of the
allowable opacity emission limit during a performance test shall not be treated
as a violation of the applicable mass emission limitation if, during the test
described in 326 IAC
3-6, the source demonstrates compliance with the allowable
mass emission limit while simultaneously having opacity more than or equal to
the reading at which the exceedance was originally observed.
(b) If a source or facility believes it can
operate in compliance with the applicable mass emission limitation, but exceeds
the limits specified in section 2 of this rule, the owner or operator may
submit a written petition to the commissioner requesting that an alternate
opacity limitation (AOL) be established, as follows:
(1) The petition must be submitted to the
commissioner, and a copy submitted to the local air pollution control agency,
if applicable, not later than sixty (60) days prior to the scheduled
performance test date. The petition must contain, contain, at a minimum, the
following information:
(A) Source name and
address.
(B) Address of affected
source if different from clause (A).
(C) List of potentially affected
parties.
(D) Identification of
control device or devices and typical operating parameters.
(E) Applicable particulate matter (PM,
PM10, or PM2.5) and opacity
limits.
(F) Other applicable rule
requirements or permit conditions.
(G) Proposed alternative opacity
limit.
(H) The reason or reasons
for requesting the alternative opacity limit.
(I) Complete test protocol in accordance with
326 IAC
3-6.
(2) The
alternative opacity limit shall be based upon a series of three (3) complete
mass emission tests (nine (9) sample runs) conducted according to the
procedures specified in 326 IAC
3 and three (3) opacity tests conducted
simultaneously, according to section 4 of this rule. Where the commissioner
determines there is no acceptable test method available, a request for an
alternative opacity limit shall be denied.
(3) The performance tests must be witnessed
by the commissioner, U.S. EPA, the local air pollution control agency, or their
authorized representatives unless other arrangements are made in advance of the
start of the testing that will allow the testing to proceed without agency
staff present to observe the tests.
(4) The owner or operator must demonstrate
that the following conditions were met during the performance test:
(A) The source or emissions unit was operated
according to its permitted conditions and under normal or representative
operating conditions.
(B) The
associated air pollution control system was installed and was being operated as
specified in any applicable permit condition or conditions.
(C) The air pollution control equipment was:
(i) properly maintained and in good operating
condition; and
(ii) operated
according to the manufacturer's recommended operating conditions to minimize
emissions and opacity.
(D) The affected emissions unit and
associated air pollution control equipment were incapable of being adjusted or
operated to meet the applicable opacity limit, except during:
(i) periods when the control equipment is not
operating properly; or
(ii) other
exempt periods under section 3 of this rule.
(E) Each test was conducted under reasonably
similar operating conditions.
(F)
Any other conditions as required by the commissioner or the U.S. EPA.
(5) The commissioner may require
one (1) or more of the following:
(A) The
installation of a continuous opacity monitoring system that meets the
requirements of 326 IAC
3.
(B)
Monitoring sufficient to demonstrate compliance with the alternative opacity
limit.
(C) Regular reporting to
verify compliance with the alternative opacity limit.
(6) The alternative opacity limit shall only
apply to the emissions unit for which the alternative opacity limit was
originally established and shall not be extended to any other unit or
units.
(7) For multiple units or
processes with a common stack, all units must be in operation during the entire
test series unless operational limitations are specified in the operation
permit or simultaneous operation does not conform with the source's operating
procedures.
(8) The alternative
opacity limit shall be determined based on the results of the performance
tests.
(9) The particulate matter
test results for each sample run must demonstrate compliance with all
applicable particulate matter limits or standards. If noncompliance is
demonstrated during any sample run, the test series is not valid for an
alternative opacity limit determination.
(10) The alternative opacity limit
established for a source shall be incorporated by amendment into the source's
operating permit and submitted to the U.S. EPA in accordance with section 7 of
this rule.
(11) If the alternative
opacity limit exceeds an applicable new source performance standard (NSPS)
opacity limit, the provisions in 40 CFR
60.11 * must be satisfied in addition
to the procedures in this rule. The procedures shall be approved by the U.S.
EPA, the commissioner, and the local air pollution control agency as
appropriate.
(c) Nothing
in this rule shall be construed as allowing an exception or exemption from a
requirement in a state or federal new source performance standard without
approval by the U.S. EPA.
*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.