Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5-3-4; IC 13-15-4-9; IC 13-17
Sec. 2.
(a) On and
after December 25, 1998, this section applies to the following new sources:
(1) Sources with a potential to emit within
the following ranges:
(A) Less than
twenty-five (25) tons per year and equal to or greater than five (5) tons per
year of either PM, PM10, or direct
PM2.5.
(B)
Less than twenty-five (25) tons per year and equal to or greater than ten (10)
tons per year of the following pollutants:
(i)
Sulfur dioxide (SO2).
(ii) Nitrogen oxides
(NOx).
(C) Less than twenty-five (25) tons per year
and equal to or greater than ten (10) tons per year of VOC for sources not
described in clause (D).
(D) Less
than twenty-five (25) tons per year and equal to or greater than five (5) tons
per year of VOC for sources that require the use of air pollution control
equipment to comply with the applicable provisions of 326 IAC 8.
(E) Less than one hundred (100) tons per year
and equal to or greater than twenty-five (25) tons per year of carbon monoxide
(CO).
(F) Less than five (5) tons
per year and equal to or greater than two-tenths (0.2) ton per year of lead
(Pb).
(G) Less than twenty-five
(25) tons per year and equal to or greater than five (5) tons per year of the
following regulated air pollutants:
(i)
Hydrogen sulfide (H2S).
(ii) Total reduced sulfur (TRS).
(iii) Reduced sulfur compounds.
(iv) Fluorides.
(2) Any source that:
(A) is subject to 326 IAC 20-8; and
(B) consists of only decorative chromium
electroplating tanks that use a trivalent chromium process that incorporates a
wetting agent.
(b) No person subject to subsection (a) shall
construct or operate any new source subject to this section without registering
the new source with the commissioner.
(c) The registrant shall submit an
application in accordance with this rule to the commissioner. The application
shall include the following information:
(1)
The company name and address.
(2)
Descriptive information as follows:
(A) A
description of the nature and location of the proposed construction.
(B) The design capacity and typical operating
schedule of the proposed construction.
(C) A description of the source and the
emissions unit or units comprising the source.
(D) A description of any emission control
equipment, including design specifications.
(3) A schedule for construction of the
source.
(4) Information on the
nature and amount of pollutants to be emitted and any other information
determined by the commissioner as necessary to demonstrate compliance with the
ambient air quality standards.
(5)
Each application shall be signed by an authorized individual, unless otherwise
noted, whose signature constitutes an acknowledgement that the applicant
assumes the responsibility of assuring that the source, emissions unit or
units, or emission control equipment will be constructed and will operate in
compliance with all applicable state air pollution control rules and the
requirements of the CAA. The signature shall:
(A) constitute affirmation that the
statements in the application are true and complete, as known at the time of
completion of the application; and
(B) subject the applicant to liability under
state laws forbidding false or misleading statements.
(d) Upon receipt of the
information requested, the commissioner shall make a final determination within
the time period described under 326 IAC 2-1.1-8.
(e) If the commissioner finds an application
submitted in accordance with this rule to be incomplete, the commissioner shall
mail a notice of deficiency to the applicant that specifies the portions of the
application that:
(1) do not contain adequate
information for the commissioner to process the application; or
(2) are not consistent with applicable law or
rules.
The applicant shall forward the required additional
information to the commissioner, or request additional time for providing the
information, within sixty (60) days of receipt of the notice of deficiency. If
the additional information is not submitted within sixty (60) days, or the
additional time provided by the commissioner, the application may be denied in
accordance with IC 13-15-4-9.
(f) A registration issued by the commissioner
shall include terms and conditions that include all of the following:
(1) Identification of any and all applicable
requirements.
(2) A physical
description of the emissions unit or units and operating information consistent
with the application information.
(3) A requirement that an authorized
individual provide an annual notice to the department that the source is in
operation and in compliance with the registration.
(4) An approval to operate in accordance with
326 IAC 2-5.5.
(g) A
registration issued by the commissioner may include terms and conditions that
require monitoring, record keeping, and reporting as necessary to assure
compliance with all applicable requirements.
(h) The issuance of a registration shall not
be subject to the public notice requirements under 326 IAC 2-1.1-6, but the
commissioner shall provide for public notice under IC 4-21.5-3-4.
(i) The commissioner shall not issue a
registration that limits a source's potential to emit.