Sec. 12.
(a) A Part
70 permit modification is any revision to a Part 70 permit that cannot be
accomplished under the program's provisions for administrative permit
amendments under section 11 of this rule. A permit modification, for purposes
of the acid rain portion of the permit, shall be governed by regulations
promulgated under Title IV of the CAA.
(b) Minor permit modification procedures
shall be as follows:
(1) Minor permit
modification procedures may be used only for those permit modifications that
meet the following requirements:
(A) Do not
violate any applicable requirement.
(B) Do not involve significant changes to
existing monitoring, reporting, or record keeping requirements in the Part 70
permit.
(C) Do not require or
change a:
(i) case-by-case determination of an
emission limitation or other standard;
(ii) source specific determination for
temporary sources of ambient impacts; or
(iii) visibility or increment
analysis.
(D) Do not
seek to establish or change a Part 70 permit term or condition for which there
is no corresponding underlying applicable requirement and that the source has
assumed to avoid an applicable requirement to which the source would otherwise
be subject. The terms and conditions include the following:
(i) A federally enforceable emissions cap
assumed to avoid classification as a modification under any provision of Title
I of the CAA.
(ii) An alternative
emissions limit approved under regulations promulgated under Section 112(i)(5)
of the CAA.
(E) Are not
modifications under any provision of Title I of the CAA.
(F) Are not required by the Part 70 program
to be processed as a significant modification.
(2) Notwithstanding subdivision (1) and
subsection (c)(1), minor Part 70 permit modification procedures may be used for
Part 70 permit modifications involving the use of economic incentives,
marketable Part 70 permits, emissions trading, and other similar approaches to
the extent that the minor Part 70 permit modification procedures are explicitly
provided for in the applicable implementation plan (SIP) or in applicable
requirements promulgated or approved by the U.S. EPA.
(3) An application requesting the use of
minor Part 70 permit modification procedures shall meet the requirements of
section 4(c) of this rule and shall include the following:
(A) A description of the change, the
emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs.
(B) The source's suggested draft Part 70
permit reflecting the requested change.
(C) Certification by a responsible official,
consistent with section 4(f) of this rule, that the proposed modification meets
the criteria for use of minor Part 70 permit modification procedures and a
request that the procedures be used.
(D) Completed forms for the commissioner to
use to notify the U.S. EPA and affected states.
(4) The public notice provisions of section
17 of this rule shall apply to minor modifications.
(5) Within five (5) working days of receipt
of a complete Part 70 permit modification application, the commissioner shall
notify the U.S. EPA and affected states of the requested Part 70 permit
modification. The commissioner promptly shall send any notice required to the
U.S. EPA.
(6) The commissioner may
not issue a final Part 70 permit modification until after the U.S. EPA's
forty-five (45) day review period or until the U.S. EPA has notified the
commissioner that the U.S. EPA will not object to issuance of the Part 70
permit modification, whichever is first, although the commissioner may approve
the Part 70 permit modification prior to that time. Within ninety (90) days of
the commissioner's receipt of an application under the minor Part 70 permit
modification procedures or fifteen (15) days after the end of the U.S. EPA's
forty-five (45) day review period, whichever is later, the commissioner shall
do any of the following:
(A) Issue the Part 70
permit modification as proposed.
(B) Deny the Part 70 permit modification
application.
(C) Determine that the
requested modification:
(i) does not meet the
minor Part 70 permit modification criteria; and
(ii) should be reviewed under the significant
modification procedures.
(D) Revise the draft Part 70 permit
modification and transmit to the U.S. EPA the new proposed Part 70 permit
modification as required by section 18(b) of this rule.
(7) The source may make the change proposed
in its minor Part 70 permit modification application immediately after it files
the application. After the source makes the change allowed by this subdivision,
and until the commissioner takes any of the actions specified in subdivision
(6)(A) through (6)(C), the source must comply with both the applicable
requirements governing the change and the proposed Part 70 permit terms and
conditions. During this time period, the source need not comply with the
existing Part 70 permit terms and conditions it seeks to modify. If the source
fails to comply with its proposed Part 70 permit terms and conditions during
this time period, the existing Part 70 permit terms and conditions it seeks to
modify may be enforced against it.
(8) The Part 70 permit shield under section
15 of this rule is not applicable to minor Part 70 permit modifications until
after the commissioner has issued the modification. The modification approval
shall be effective upon issuance.
(c) Consistent with the following, the
commissioner may modify the procedure outlined in subsection (b) to process
groups of a source's applications for modifications eligible for minor Part 70
permit modification processing:
(1) Group
processing of modifications may be used only for those Part 70 permit
modifications that meet the following requirements:
(A) The modifications meet the criteria for
minor Part 70 permit modification procedures under subsection (b).
(B) The modifications are exempt from
preconstruction or permit revision approval under 326 IAC 2-1.1-3.
(2) An application requesting the
use of group processing procedures shall meet the requirements of section 4(c)
of this rule and shall include the following:
(A) A description of the change, the
emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs.
(B) The source's suggested draft Part 70
permit that reflects the requested change.
(C) Certification by a responsible official,
consistent with section 4(f) of this rule, that the proposed modification meets
the criteria for use of group processing procedures and a request that the
procedures be used.
(D) A list of
the source's other pending applications awaiting group processing and a
determination of whether the requested modification, aggregated with these
other applications, equals or exceeds the threshold set under subdivision
(1)(B).
(E) Certification,
consistent with section 4(f) of this rule, that the source has notified the
U.S. EPA of the proposed modification. The notification need only contain a
brief description of the requested modification.
(F) Completed forms for the commissioner to
use to notify the U.S. EPA and affected states as required under section 18 of
this rule.
(3) The
notice provisions of section 17 of this rule shall apply to modifications
eligible for group processing.
(4)
On a quarterly basis or within five (5) business days of receipt of an
application demonstrating that the aggregate of a source's pending applications
equals or exceeds the threshold level set under subdivision (1)(B), whichever
is earlier, the commissioner promptly shall notify the U.S. EPA, under section
18(a) of this rule, and affected states, under section 17(c)(3) of this rule,
of the requested Part 70 permit modifications. The commissioner shall send any
notice required under section 18(b) of this rule to the U.S. EPA.
(5) The provisions of subsection (b)(6) shall
apply to modifications eligible for group processing, except that the
commissioner shall take one (1) of the actions specified in subsection (b)(6)
within one hundred eighty (180) days of receipt of the application or fifteen
(15) days after the end of the U.S. EPA's forty-five (45) day review period,
whichever is later.
(6) The
provisions of subsection (b)(7) shall apply to modifications eligible for group
processing.
(7) The Part 70 permit
shield under section 15 of this rule is not applicable to modifications
eligible for group processing until after the commissioner has issued the
modifications. The modification approval shall be effective upon
issuance.
(d)
Significant modification procedures shall be as follows:
(1) Significant modification procedures shall
be used for applications requesting Part 70 permit modifications that do not
qualify as minor permit modifications or as administrative amendments. Every
significant change in existing monitoring Part 70 permit terms or conditions
and every relaxation of reporting or record keeping permit terms or conditions
shall be considered significant. The:
(A)
addition;
(B) renewal;
(C) termination;
(D) revocation; and
(E) revision;
of PAL provisions in accordance with 326 IAC 2-2.4 or 326 IAC
2-3.4 shall be considered significant. Nothing in this subdivision shall be
construed to preclude the permittee from making changes consistent with this
rule that would render existing Part 70 permit compliance terms and conditions
irrelevant.
(2)
Significant Part 70 permit modifications shall meet all requirements of this
rule, including those for application, public participation, review by affected
states, and review by the U.S. EPA, and availability of the permit shield as
they apply to Part 70 permit issuance and Part 70 permit renewal. The
commissioner shall complete review of the majority of significant Part 70
permit modifications within nine (9) months after receipt of a complete
application.