Sec. 8.
(a) The
following shall apply to any owner or operator who proposes to construct,
constructs, or operates a major stationary source or major modification subject
to this rule:
(1) Approval to construct, under
section 2(b) of this rule, shall become invalid if construction:
(A) is not commenced within eighteen (18)
months after receipt of the approval;
(B) is discontinued for a period of eighteen
(18) months or more; or
(C) is not
completed within a reasonable time.
The commissioner may extend the eighteen (18) month period
upon a satisfactory showing that an extension is justified. This provision does
not apply to the time period between construction of the approved phases of a
phased construction project. Each phase must commence construction within
eighteen (18) months of the projected and approved commencement date.
(2) Approval for
construction shall not relieve any owner or operator of the responsibility to
comply fully with applicable provisions of the SIP and any other requirements
under local, state, or federal law.
(3) At the time a particular source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any enforceable limitation that was established after
August 7, 1980, on the capacity of the source or modification otherwise to emit
a pollutant, such as a restriction on hours of operation, then the requirements
of this rule shall apply to the source or modification as though construction
had not yet commenced on the source or modification.
(b) The following provisions apply with
respect to any regulated NSR pollutant emitted from projects at an existing
emissions unit at a major stationary source, other than projects at a source
with a PAL, in circumstances where there is a reasonable possibility, within
the meaning of this subsection, that a project that is not a part of a major
modification may result in a significant emissions increase of a regulated NSR
pollutant, and the owner or operator elects to use the method specified in
section 1(pp)(2)(A) of this rule for calculating projected actual emissions:
(1) Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
(A) A description of
the project.
(B) Identification of
any emissions unit whose emissions of a regulated NSR pollutant could be
affected by the project.
(C) A
description of the applicability test used to determine that the project is not
a major modification for any regulated NSR pollutant, including the following:
(i) The baseline actual emissions.
(ii) The projected actual
emissions.
(iii) The amount of
emissions excluded under section 1(pp)(2)(A)(iii) of this rule.
(iv) An explanation for why the amount was
excluded, and any netting calculations, if applicable.
(2) If the emissions unit is an
existing electric utility steam generating unit, before beginning actual
construction, the owner or operator shall provide a copy of the information set
out in subdivision (1) to the department. Nothing in this subdivision shall be
construed to require the owner or operator of the unit to obtain any
determination from the department before beginning actual
construction.
(3) The owner or
operator shall:
(A) monitor the emissions of
any regulated NSR pollutant that could increase as a result of the project and
that is emitted by any emissions unit identified in subdivision (1)(B);
and
(B) calculate and maintain a
record of the annual emissions, in tons per year on a calendar year basis, for
a period of five (5) years following resumption of regular operations after the
change, or for a period of ten (10) years following resumption of regular
operations after the change if the project increases the design capacity of or
the potential to emit that regulated NSR pollutant at the emissions
unit.
(4) If the unit is
an existing electric utility steam generating unit, the owner or operator shall
submit a report to the department within sixty (60) days after the end of each
year during which records must be generated under subdivision (3) setting out
the unit's annual emissions during the calendar year that preceded submission
of the report.
(5) If the unit is
an existing unit other than an electric utility steam generating unit, the
owner or operator shall submit a report to the department if the annual
emissions, in tons per year, from the project identified in subdivision (1)
exceed the baseline actual emissions, as documented and maintained under
subdivision (1)(C), by a significant amount, as defined in section 1(ww) of
this rule, for that regulated NSR pollutant and if the emissions differ from
the preconstruction projection as documented and maintained under subdivision
(1)(C). The report shall be submitted to the department within sixty (60) days
after the end of the year. The report shall contain the following:
(A) The name, address, and telephone number
of the major stationary source.
(B)
The annual emissions as calculated under subdivision (3).
(C) The emissions calculated under the
actual-to-projected actual test stated in section 2(d)(3) of this
rule.
(D) Any other information
that the owner or operator wishes to include in the report, such as an
explanation as to why the emissions differ from the preconstruction
projection.
(6) A
reasonable possibility under this subsection occurs when the owner or operator
calculates the project to result in either:
(A) a projected actual emissions increase of
at least fifty percent (50%) of the amount that is a significant emissions
increase, as defined in section 1(xx) of this rule, without reference to the
amount that is a significant net emissions increase, for the regulated NSR
pollutant; or
(B) a projected
actual emissions increase that, added to the amount of emissions excluded under
section 1(pp)(2)(A)(iii) of this rule, sums to at least fifty percent (50%) of
the amount that is a significant emissions increase, as defined in section
1(xx) of this rule, without reference to the amount that is a significant net
emissions increase, for the regulated NSR pollutant. For a project for which a
reasonable possibility occurs only within the meaning of this clause, and not
also within the meaning of clause (A), then subdivisions (2) through (5) do not
apply to the project.
(c) The owner or operator of the source shall
make the information required to be documented and maintained under subsection
(b) available for review upon a request for inspection by the department. The
general public may request this information from the department under 326 IAC
17.1.
