Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 6.
(a) Any
person proposing to construct new emissions units, modify existing emissions
units, or otherwise modify the source as described in this section shall submit
an application or notification in accordance with this rule.
(b) Notwithstanding any other provision of
this rule, the owner or operator of a source may repair or replace an emissions
unit or air pollution control equipment or components thereof, without prior
approval, if the repair or replacement:
(1)
results in a potential to emit for each regulated pollutant that is less than
or equal to the potential to emit of the equipment or the affected emissions
unit that was repaired or replaced;
(2) is not a major modification under
326 IAC 2-2-1,
326 IAC 2-3-1, or 326
IAC 2-4.1; and
(3) returns the
emissions unit, process, or control equipment to normal operation after an
upset, malfunction, or mechanical failure or prevents impending and imminent
failure of the emissions unit, process, or control equipment.
If the repair or replacement qualifies as a reconstruction or
is a complete replacement of an emissions unit or air pollution control
equipment and would require a permit or registration revision under a provision
of this rule, the owner or operator of the source must submit an application
for a permit or registration revision to the commissioner not later than thirty
(30) calendar days after initiating the repair or replacement.
(c) An application or
notification required under this section shall contain the following:
(1) The information required under section
3(b) of this rule.
(2) An
identification of the applicable requirements to which the source is newly
subject as a result of the change, including the applicable:
(A) emission limits and standards;
(B) monitoring and test methods;
and
(C) record keeping and
reporting requirements as appropriate.
(d) The following changes shall be designated
as administrative amendments and shall not be required to comply with the
provisions in
326 IAC 2-1.1-6
concerning public notice or prior approval by the commissioner:
(1) Changes correcting typographical
errors.
(2) Minor administrative
changes such as a change in:
(A) the name,
address, or telephone number of any person identified in a permit; or
(B) descriptive information concerning the
source or emissions unit or units.
(3) Changes in ownership or operational
control of a source.
(4)
Modifications that would require more frequent monitoring or
reporting.
(5) Incorporation or
deletion of applicable requirements as a result of a change in applicability
and there is no new equipment and no change to operations or
processes.
(6) Incorporation of
alternative testing or compliance monitoring requirements that have received
U.S. EPA approval under 40 CFR 60, 40 CFR 61, or 40 CFR 63 *.
(7) Incorporation of newly-applicable
monitoring or testing requirements specified in 40 CFR 60, 40 CFR 61, or 40 CFR
63 * that apply as the result of a change in applicability of those
requirements to the source, including removal from the permit of monitoring or
testing requirements that no longer apply as a result of the change in
applicability.
(8) Incorporation of
test methods or monitoring requirements specified in an applicable requirement
that the source may use under the applicable requirement as an alternative to
the testing or monitoring requirements contained in the permit.
(9) Modifications that have the potential to
emit greater than or equal to one (1) ton per year but less than ten (10) tons
per year of a single HAP as defined under Section 112(b) of the CAA or greater
than or equal to two and one-half (2.5) tons per year but less than twenty-five
(25) tons per year of any combination of HAPs unless the modification would
increase the potential to emit of the source above ten (10) tons per year of a
single HAP or twenty-five (25) tons per year of any combination of
HAPs.
(10) A modification that adds
an emissions unit of the same type that is already permitted or replaces an
existing unit and that will comply with the same applicable requirements and
permit terms and conditions as the existing emission unit, except if the
modification would result in a potential to emit greater than the thresholds in
326 IAC 2-2 or 326 IAC 2-3, or would result in a potential to emit of the
source equal to or greater than the thresholds in
326 IAC
2-5.1-3(a).
(11) Modifications that consist of emission
units described under
326 IAC 2-1.1-3(e)(1)
through
326 IAC
2-1.1-3(e)(31).
(e) Any person proposing to make a change or
modification described in subsection (d) shall submit a notification concerning
the change or modification within thirty (30) days of making the change or
modification and shall include the information required under section 3(b) of
this rule. The notification shall be sent by one (1) of the following means:
(1) Certified mail.
(2) Delivery by hand or express
service.
(3) Transmission by other
equally reliable means of notification by the source to the
commissioner.
(f) The
commissioner shall do the following:
(1)
Revise the registration consistent with the following:
(A) Revise the registration within thirty
(30) days of receipt of the notification.
(B) Send a copy of the revised registration
to the registrant.
(2)
The registrant may implement the change or modification upon submittal of the
notification.
(g) Any
person proposing to make a change or modification not described in subsection
(d) shall:
(1) submit an application
concerning the change or modification prior to making the change or
modification; and
(2) include the
information under subsection (c).
(h) An application submitted in accordance
with subsection (g) shall be processed as follows:
(1) Within forty-five (45) days from receipt
of an application for a minor permit revision, the commissioner shall do one
(1) of the following:
(A) Approve the
modification request and issue a revised registration incorporating the
modification.
(B) Determine that
the change or modification will increase the potential to emit of the source to
a level that would require an operating permit under 326 IAC 2-6.1, 326 IAC
2-7, or 326 IAC 2-8.
(C) Deny the
modification request.
(2)
If, after review of the application, the commissioner determines that the
change or modification will increase the potential to emit of the source to a
level that would require an operating permit under 326 IAC 2-6.1, 326 IAC 2-7,
or 326 IAC 2-8, the commissioner shall:
(A)
notify the source of the requirement to obtain an operating permit;
(B) provide the source with the appropriate
permit application forms; and
(C)
issue or deny the operating permit under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC
2-8, whichever is applicable.