326 IAC 6-6-5 - ArcelorMittal Burns Harbor LLC fugitive particulate matter emission control plan
Authority: IC 13-14-8; IC 13-17
Affected: IC 4-21.5; IC 13-11-2-205; IC 13-15
Sec. 5.
(a)
ArcelorMittal Burns Harbor LLC shall submit a fugitive particulate matter
emission control plan for the Burns Harbor Plant (Plant ID 127-00001) located
at U.S. Highway 12 meeting the requirements of this section to the department
within three (3) months after the effective date of this rule, notwithstanding
section 3 of this rule. The plan shall be in accordance with and subject to the
following requirements:
(1)
326 IAC 6-4-6.
(3) ArcelorMittal Burns Harbor LLC may
petition the commissioner to use emission factors and control efficiencies
other than those referenced in subdivision (2) if adequate support
documentation is submitted demonstrating that the submitted emission factors
and control efficiencies provide equivalent protection for human health and the
environment.
(b) The
following definitions apply throughout this section:
(1) "As needed basis" means the frequency of
application necessary to minimize visible particulate matter emissions as
defined in the control plan.
(2)
"Fugitive particulate matter emissions" means particulate matter that is
emitted from any source by means other than through a stack.
(3) "Open aggregate pile" means the
unenclosed storage of coal, which is finer than two hundred (200) mesh size
equal to or greater than one percent (1%) by weight. Open aggregate material
mesh size shall be determined by the "American Association of State Highway and
Transportation Officials Test Method T27-74"*, or other procedures equivalent
in reliability as approved by the commissioner.
(4) "Paved road" means any asphalt or
concrete surfaced thoroughfare or right-of-way:
(A) designed or used for vehicular traffic;
and
(B) located on the property of,
or owned by, ArcelorMittal Burns Harbor LLC.
(5) "Potential emissions" means fugitive
particulate matter emissions calculated after the application of air pollution
control:
(A) measures; or
(B) equipment.
(6) "RACM" means reasonably available control
measure.
(7) "Unpaved roads" means
any surfaced thoroughfare or right-of-way, other than a paved road as defined
in subdivision (4), that is:
(A) designed or
used for vehicular traffic; and
(B)
located on the property of, or owned by, ArcelorMittal Burns Harbor
LLC.
(c) The
contents and record keeping requirements for the fugitive particulate matter
emissions control plan are as follows:
(1) The
control plan shall be in writing and include, at a minimum, the following
information:
(A) The name and address of the
owner or operator responsible for the implementation of the control
plan.
(B) Identification of all:
(i) open aggregate pile areas;
(ii) paved roads; and
(iii) unpaved roads;
that have the potential to emit fugitive particulate matter emissions in accordance with subsection (d).
(C) A map of the ArcelorMittal Burns Harbor
LLC property showing the following:
(i) Open
aggregate pile areas.
(ii) Access
areas around the open aggregate piles.
(iii) Unpaved roads.
(iv) Paved roads.
(D) The quantity and types of vehicular
activity occurring on the following:
(i) Paved
roads.
(ii) Unpaved
roads.
(E) Quantity of
open aggregate piles that have the potential to emit fugitive particulate
matter emissions.
(F) The equipment
used to maintain open aggregate piles.
(G) A description of the control measures to
be implemented to control fugitive particulate matter emissions resulting from
potential emission points identified in clause (B).
(H) A specification of the dust suppressant
material that will be used, such as oil or chemical, including the estimated
frequency and rates of application, rates, and concentrations of the dust
suppressant.
(I) A specification of
the particulate matter collection equipment that will be used as a fugitive
particulate matter emission control measure.
(J) A schedule of compliance with the
provisions of the control plan. The schedule shall specify the amount of time
the source requires to:
(i) award any
necessary contracts; and
(ii)
commence and complete construction, installation, or modification of the
fugitive particulate matter emission control measures.
(K) Other relevant data that may be requested
by the commissioner to evaluate the effectiveness of the control
plan.
(2) Records that
document all control measures and activities to be implemented in accordance
with the approved control plan shall be:
(A)
kept and maintained at ArcelorMittal Burns Harbor LLC;
(B) retained for at least five (5) years;
and
(C) made available upon the
request of the commissioner.
(d) All control measures specified in this
subsection shall be considered RACM. The frequency of application for all
control measures shall be detailed in the control plan. No control plan shall
contain control measures that violate the applicable provisions of state
statutes or rules. Fugitive particulate matter emissions from the emission
points specified in this section shall be controlled as follows:
(1) Paved roads and unpaved roads as follows:
(A) Paved roads by the use of one (1) or more
of the following measures:
(i) Cleaning by
vacuum sweeping.
(ii)
Flushing.
(iii) An alternate RACM
that is equivalent in effectiveness to either item (i) or (ii).
(B) Unpaved roads by the use of
one (1) or more of the following measures:
(i)
Paving with a material such as asphalt or concrete.
(ii) Treating with a suitable and effective
commercially available petroleum based dust suppressant or water based dust
suppressant. The frequency of application shall be on an as needed
basis.
(iii) Spraying with water.
The frequency of application shall be on an as needed basis.
(iv) Double chip and seal the road surface
and maintain on an as needed basis.
(v) An alternate RACM that is equivalent in
effectiveness to one (1) or more of the above measures.
(2) Open aggregate piles by the
use of one (1) or more of the following measures:
(A) Cleaning the area around the perimeter of
the aggregate piles.
(B) Applying a
suitable and effective oil or other dust suppressant on an as needed
basis.
(C) An alternate RACM that
is equivalent in effectiveness to one (1) or more of the above
measures.
(e)
The approval of the control plan shall be in accordance with the following:
(1) Within three (3) months of receiving a
control plan, the commissioner shall notify ArcelorMittal Burns Harbor LLC of:
(A) the approval of the control
plan;
(B) modifications that the
commissioner deems necessary to the control plan; or
(C) disapproval of the control
plan.
(2) If the
commissioner finds a control plan to be incomplete, ArcelorMittal Burns Harbor
LLC shall provide the commissioner with the required additional
information.
(3) In determining if
an alternate control measure represents a RACM as specified in this section,
ArcelorMittal Burns Harbor LLC shall submit and the commissioner shall consider
information pertaining to factors, including, but not limited to, the
following:
(A) The impact on the environment
in terms of any increase in water, air, or solid waste pollution
emissions.
(B) The energy
requirements of the selected control measure.
(C) The:
(i)
capital expenditure;
(ii) impact on
production; and
(iii) operating
costs; to implement the selected control measure.
(D) The impact of these costs.
(4) If a control plan is
disapproved by the commissioner, ArcelorMittal Burns Harbor LLC shall have up
to thirty (30) days from the date of receipt of the disapproval letter to
request, in writing, a hearing on the matter. In the event a hearing is
requested:
(A) it shall be held in accordance
with the requirements set forth in IC 4-21.5; and
(B) the burden of proof shall lie with
ArcelorMittal Burns Harbor LLC to demonstrate why the control plan is
appropriate.
(5) The
control plan approved by the commissioner shall become part of ArcelorMittal
Burns Harbor LLC's operating permit.
(6) Changes may be made to the control plan
without reopening the operating permit by submitting a revised control plan to
the commissioner for approval in accordance with this subsection.
(f) The control plan shall be
updated at the time of reapplication for the source's operating permit or as
required in 326 IAC 2.
*These documents are incorporated by reference. The documents 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.
Notes
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