01.
Criteria. This section
authorizes emission changes within a permitted facility without requiring a
permit revision, if the changes are not modifications under any provision of
the Title I of the Clean Air Act and the changes do not exceed the emissions
allowable under the permit (whether expressed therein as a rate of emissions or
total emissions). (3-28-23)
a. Changes
authorized are changes that: (3-28-23)
i. Are
Section 502(b)(10)
changes; (3-28-23)
ii. Are changes involving trades of increases
and decreases of emissions within the permitted facility where the State
Implementation Plan provides for such emissions trades without requiring a
permit revision. SIP trades are allowed in compliance with this Section even if
the Tier I operating permit does not already provide for such emission trading;
or (3-28-23)
iii. Are changes made
under the terms and conditions of the Tier I permit that authorize the trading
of emissions increases and decreases within the permitted facility for the
purpose of complying with a federally enforceable emissions cap that is
established by the Department in the Tier I operating permit independent of
otherwise applicable requirements. (3-28-23)
b. Changes constituting a modification under
Title I of the Clean Air Act or subject to a requirement under Title IV of the
Clean Air Act are not authorized by this Section. (3-28-23)
02.
Notice Procedures. The
permittee may make a change under this Section if the permittee provides
written notification to the Department and EPA so that the notification is
received at least seven (7) days in advance of the proposed change; or, in the
event of an emergency, the permittee provides the notification so that it is
received at least twenty-four (24) hours in advance of the proposed change. The
permittee, the Department, and EPA will attach the notification to their copy
of the Tier I operating permit. (3-28-23)
a.
For each such change, the written notification must: (3-28-23)
i. State at the beginning of the notification
"NOTIFICATION OF SECTION
502(b)(10)
CHANGE" or "NOTIFICATION OF EMISSION TRADE"; (3-28-23)
ii. Describe the proposed change;
(3-28-23)
iii. Provide the date on
which the proposed change will occur; (3-28-23)
iv. Describe and quantify any expected change
in emissions including identification of any new regulated air pollutant(s)
that will be emitted; (3-28-23)
v.
Identify any permit term or condition that is no longer applicable as a result
of the change; (3-28-23)
vi.
Specifically identify and describe the emergency, if any; and
(3-28-23)
vii. Identify any new
applicable requirement that would apply to the Tier I source as a result of the
change. (3-28-23)
b. For
changes described in Subsection
384.01.a.ii., the written
notification must also include: (3-28-23)
i.
Identification of the provisions in the SIP that provide for the emissions
trade; (3-28-23)
ii. All of the
information required by the provision in the SIP authorizing the emissions
trade; (3-28-23)
iii. Specific
identification of the provisions in the SIP with which the permittee will
comply; and (3-28-23)
iv. The
pollutants subject to the trade. (3-28-23)
c. For changes described in Subsection
384.01.a.iii., the written
notification must also describe how the change will comply with the terms and
conditions of the permit. (3-28-23)
03.
Permit Shield. The permit
shield described in Section
325 only extends to changes made in
accordance with Subsection
384.01.a.iii.
(3-28-23)
