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. 2.
(a) The
following sources are required to have a Part 70 permit:
(1) Any major source as defined in section
1(22) of this rule.
(2) Any source,
including an area source, subject to a standard, a limitation, or other
requirement under Section 111 of the CAA.
(3) Any source, including an area source,
subject to a standard or other requirement under Section 112 of the CAA, or
required to have a Part 70 permit under 326 IAC 20, except that a source is not
required to obtain a Part 70 permit solely because it is subject to regulations
or requirements under Section 112(r) of the CAA.
(4) Any affected source as defined in section
1(3) of this rule.
(5) Any source
in a source category designated by the U.S. EPA under 40 CFR 70.3 *.
(b) The following source
categories are exempt from the requirement to have a Part 70 permit:
(1) All sources listed in subsection (a) that
are not major sources unless such sources are affected sources or solid waste
incineration units required to obtain a Part 70 permit under Section 129(e) of
the CAA and except as provided in 326 IAC 20.
(2) Nonmajor sources subject to a standard or
other requirement under either Section 111 or 112 of the CAA that are
determined by the U.S. EPA to be exempt at the time a new standard is
promulgated.
(3) All sources and
source categories that would be required to obtain a Part 70 permit solely
because they are subject to 40 CFR 60, Subpart AAA, Standards of Performance
for New Residential Wood Heaters*.
(4) All sources and source categories that
would be required to obtain a Part 70 permit solely because they are subject to
40 CFR 61, Subpart M, National Emission Standard for Hazardous Air Pollutants
for Asbestos, Section 61.145, Standard for Demolition and
Renovation*.
(5) A major source
that has become nonmajor through the issuance of a federally enforceable state
operating permit under 326 IAC 2-8.
(6) A source for which the commissioner has
issued an operating agreement under 326 IAC 2-9.
(7) A source that is not subject to this rule
because it meets the requirements of 326 IAC 2-10 or 326 IAC 2-11.
(c) Any source listed in
subsection (b) as exempt from the requirement to obtain a Part 70 permit may
opt to apply for a Part 70 permit under this rule.
(d) Emissions units and Part 70 sources are
subject to the following requirements:
(1) For
major sources, the commissioner shall include in a Part 70 permit all
applicable requirements for all relevant emissions units in the major
source.
(2) For any nonmajor source
subject to the Part 70 program under this section, the commissioner shall
include in a Part 70 permit all applicable requirements applicable to emissions
units that cause the source to be subject to the Part 70 program.
(e) Fugitive emissions from a Part
70 source shall be included in a Part 70 permit application and a Part 70
permit in the same manner as stack emissions, regardless of whether the source
category in question is included in the list of sources contained in the
definition of major source.
(f) A
Part 70 source shall be exempt from the requirement to have an operating permit
under 326 IAC 2-6.1 upon the date that an original Part 70 permit issued to the
source under this rule becomes effective.
(g) A Part 70 source that has received a
permit under 326 IAC 2-5.1 and receives approval to operate under 326 IAC
2-5.1-4(a)(3) by the date a Part 70 permit application would be required for
the source is exempt from the requirement to obtain a Part 70 permit under this
rule.
*These documents are incorporated by reference. Copies may be
obtained from the Government Printing Office, 732 North Capitol Street NW,
Washington, D.C. 20401 or are available for copying at the Indiana Department
of Environmental Management, Office of Air Quality, Indiana Government
Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana
46204.
