Indiana Administrative Code
Title 326 - AIR POLLUTION CONTROL DIVISION
Article 10 - NITROGEN OXIDES RULES
Rule 1 - Nitrogen Oxides Control in Clark and Floyd Counties
Section 1-3 - Requirements

Universal Citation: 326 IN Admin Code 1-3

Current through March 20, 2024

Authority: IC 13-14-8; IC 13-17-3-4

Affected: IC 13-12

Sec. 3.

The owner or operator of an affected source shall comply with this rule as follows:

(1) Within ninety (90) days of the effective date of this rule, the owner or operator of an affected source that has no affected facility shall submit to the department a declaration to that effect and a copy of each permit that affects its NOx emissions.

(2) The owner or operator of an affected source that has an affected facility, who elects to comply with this rule by limiting actual emissions of a source to below one hundred (100) tons per year through federally enforceable production or capacity limits in an operating permit, shall do the following:

(A) On or before March 14, 1996, or the effective date of this rule, whichever is later, submit to the department a complete application for a permit or a permit revision consistent with 326 IAC 2.

(B) Within one hundred eighty (180) days of the issuance of the permit by the department, achieve compliance with the permit conditions.

(C) Within thirty (30) days of the date in clause (B), submit to the department a statement that compliance with the enforceable permit limitation or limitations has been achieved.

(D) Subsequent to the date in clause (B), comply with the conditions of the permit.

(3) The owner or operator of an affected source to which section 4 of this rule applies shall do the following:

(A) An owner or operator who elects to comply with an alternative emission limit developed according to section 4(c)(1) of this rule shall do the following:
(i) By December 1, 1996, or within thirty (30) days of the effective date of this rule, whichever is later, submit for approval of U. S. EPA and the department a petition for an alternative emission limit in accordance with 326 IAC 8-1-5. Prior to submission of the petition, the owner or operator may submit for department review an alternative emission limit development plan that identifies the following:
(AA) The affected facility.

(BB) Reasons for electing an alternative emissions limit.

(CC) Procedures the source will use to develop the alternative emission limit, including the control measures that will be evaluated.

(DD) Any emissions monitoring that will be performed.

(ii) Within two hundred seventy (270) days of the approval of the petition by U.S. EPA and the department, implement the approved control measures and perform an initial compliance test according to procedures in section 5 of this rule.

(iii) Within ninety (90) days of the initial test in item (ii), submit to the department documents required by section 7(a) of this rule.

(iv) After the date in item (iii), comply with the alternative emissions limit according to procedures in the approved petition and section 5 of this rule as applicable.

(B) An owner or operator who elects to comply with an emission limit based on a fuel switching program developed in accordance with section 4(c)(2) of this rule shall do the following:
(i) Within thirty (30) days of the effective date of this rule, submit to the department a statement identifying the facilities that will be included in the fuel switching program.

(ii) Within one hundred eighty (180) days of the effective date of this rule, submit plans as required in section 4(c)(2) of this rule.

(iii) Implement plans within thirty (30) days of approval by the department.

(iv) On the date in item (iii), notify the department that the plan has been implemented.

(v) After the date in item (iii), comply with the approved plan.

(C) An owner or operator who elects to comply with an emission limit based on an approved emissions averaging plan developed in accordance with section 4(c)(3) of this rule shall do the following:
(i) Within thirty (30) days of the effective date of this rule, submit to the department and to U.S. EPA a statement identifying the facilities that will be included in the emissions averaging plan.

(ii) Within one hundred eighty (180) days of the effective date of this rule, submit plans as required in section 4(c)(2) or 4(c)(3) of this rule.

(iii) Implement plans within thirty (30) days of approval by U.S. EPA and the department.

(iv) On the date in item (iii), notify the department that the plan has been implemented.

(v) After the date in item (iii), comply with the approved plan.

(D) For affected sources with facilities to which section 4(b)(5) of this rule applies, within ninety (90) days of the effective date of this rule, submit to the department the following:
(i) A statement identifying each facility to which section 4(b)(5) of this rule applies.

(ii) Proposed NOx control measures.

(iii) Expected percentage emission reductions.

(iv) Monitoring and record keeping procedures that will demonstrate compliance with the emission limit.

(4) Utility steam generating units shall achieve compliance with this rule on or before November 1, 1996, and submit to the department documents required in section 7(a) of this rule on or before December 31, 1996.

(5) An owner or operator who elects to comply with emissions limits in section 4(b) of this rule shall do the following:

(A) Within two hundred seventy (270) days of the effective date of this rule, comply with the emission limits in section 4(b) of this rule and perform initial compliance testing according to the procedures in section 5 of this rule.

(B) Within ninety (90) days of completion of initial compliance testing required by clause (A), submit to the department documents required in section 7(a) of this rule.

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