Sec. 4.
(a) The owner
or operator of each Part 70 source has a duty to submit a timely and complete
permit application as follows:
(1) An
application is timely if the following conditions are met:
(A) For a first time applicant, a timely
application is an application that is submitted within twelve (12) months after
the source becomes subject to the Part 70 permit program unless the
commissioner establishes otherwise in accordance with clause (C). A source
becomes subject to the Part 70 permit program:
(i) on December 14, 1995, if the source is in
existence and meets an applicability criterion of section 2 of this rule on
that date; or
(ii) for other
sources, on the date on which a source first meets an applicability criterion
of section 2 of this rule.
(B) Part 70 sources subject to Section 112(g)
of the CAA or required to have a Part 70 permit under the preconstruction
review program approved into the applicable implementation plan under Part C or
Part D of Title I of the CAA shall file a complete application to obtain a Part
70 permit or Part 70 permit revision within twelve (12) months after commencing
operation or on or before such earlier date as the commissioner may establish.
Where an existing Part 70 permit would prohibit the construction or change in
operation, the source must obtain a Part 70 permit revision before commencing
operation.
(C) The commissioner may
establish a schedule for submission of applications by source category or other
means in order to fulfill the purposes of the CAA with regard to timely
issuance of permits. The schedule shall provide that an application shall be
due not more than twelve (12) months after the U.S. EPA approval of the Part 70
program. The department shall provide at least twelve (12) months notice to any
source for which an application is due prior to the date established in clause
(A).
(D) For purposes of a Part 70
permit renewal, a timely application is one that is submitted at least nine (9)
months prior to the date of expiration of the source's existing permit. If the
commissioner fails to issue or deny the permit renewal prior to the expiration
date of the source's existing permit, the existing permit shall not expire and
all terms and conditions shall continue in effect, including any permit shield
provided under section 15 of this rule, until the renewal permit has been
issued or denied.
(2) In
order for an application to be deemed complete, it must contain the following
information:
(A) Substantive information
required by each subdivision under subsection (c). Applications for a Part 70
permit revision must supply substantive information required by each
subdivision under subsection (c) only as it relates to the proposed
change.
(B) Certification by a
responsible official that the submitted information is consistent with
subsection (f).
(C) Unless, within
sixty (60) days of receipt of an application, the commissioner determines, in
accordance with section 8(c) of this rule, that an application is not complete,
the application shall be deemed to be complete.
(D) If, while processing an application that
has been determined or deemed to be complete, the commissioner determines that
additional information is necessary to evaluate or take final action on that
application, the commissioner may:
(i) request
the information in writing; and
(ii) set a reasonable deadline for a
response.
(E) The
source's ability to operate without a permit, as set forth in section 3 of this
rule, shall be in effect from the date the application is determined or deemed
to be complete until a final Part 70 permit is issued, provided that the
applicant submits any requested additional information by the deadline
specified by the commissioner.
(3) In the case where a source has submitted
confidential information to the commissioner under a claim of confidentiality
under 326 IAC 17.1, the commissioner may also require the source to submit a
copy of the information directly to the U.S. EPA.
(b) Any applicant who fails to submit any
relevant facts or who has submitted incorrect information in a Part 70 permit
application shall, upon becoming aware of the failure or incorrect submittal,
promptly submit the supplementary facts or corrected information. In addition,
an applicant shall provide additional information as necessary to address any
requirements that become applicable to the source after the date the applicant
filed a complete application but prior to release of a draft Part 70
permit.
(c) An application for a
Part 70 permit shall be submitted on the application form or forms prescribed
by the commissioner, or in other application formats authorized by the
commissioner, and shall include the information specified in this subsection.
Such information shall be included in the application for all emissions units
at a Part 70 source. The forms and attachments shall include the following
information to the extent necessary to determine applicable requirements,
including the requirement to pay fees, compliance with applicable requirements
and this rule, and compliance during the term of the permit:
(1) Identifying information, including the
following:
(A) The company name and address
(or the plant name and address if different from the company name).
(B) The owner's name and agent.
(C) The telephone numbers and names of the
plant site manager or site contact.
(2) A description of the source's processes
and products (by Standard Industrial Classification Code), including any
associated with each alternate scenario identified by the source.
(3) The following emissions related
information:
(A) All emissions of pollutants
for which the source is major, and all emissions of regulated air pollutants. A
Part 70 permit application shall describe all emissions of regulated air
pollutants emitted from any emissions unit, except where the units are exempted
under this subsection. The applicant shall provide such additional information
related to the emissions of air pollutants as is sufficient to verify which
requirements are applicable to the source and other information necessary to
collect any Part 70 permit fees owed under the fee schedule approved under
section 19 of this rule.
(B) An
identification and a description of all points of emissions described in clause
(A) in sufficient detail to establish the basis for fees and applicability of
requirements of the CAA.
(C)
Emissions rates of all pollutants described in clause (A) in tons per year
(tpy) and in such terms as are necessary to establish compliance consistent
with the applicable standard reference test method.
(D) The following information to the extent
it is needed to determine or regulate emissions:
(i) Fuels, including types and
characteristics.
(ii) Fuel use,
including types and quantities combusted.
(iii) Raw materials.
(iv) Production and process rates.
(v) Operating schedules.
(E) Identification and description of air
pollution control equipment and compliance monitoring devices or
activities.
(F) Limitations on
source operation affecting emissions or any work practice standards, where
applicable, for all regulated pollutants at a Part 70 source.
(G) Other information required by any
applicable requirement, including information related to stack height
limitations developed under Section 123 of the CAA.
(H) Calculations, examples of calculations,
or descriptions of calculation methods or basis on which the information in
this subsection is based.
(4) The following air pollution control
requirements:
(A) Citation and description of
all applicable requirements.
(B) A
description of or reference to any applicable test method for determining
compliance with each applicable requirement.
(C) Where an applicant is proposing
alternative or streamlined limitations or requirements, or both, the applicant
shall provide the required documentation in accordance with 326 IAC 8-1-5 or
326 IAC 10-1-3(3)(A).
(5) Other specific information that may be
necessary to:
(A) implement and enforce other
applicable requirements of the CAA or of this rule; or
(B) determine the applicability of the
requirements.
(6) At the
option of the applicant, a request that alternative operating scenarios be
provided for in its Part 70 permit. Such a request shall include a description
of the alternate operating scenarios that are proposed and any additional
information determined to be necessary by the commissioner to define
appropriate permit terms and conditions for the alternative scenarios under
sections 5(9) and 20(d) of this rule.
(7) At the option of the applicant, a request
that the permit provide terms and conditions allowing for the trading of
emissions increases and decreases in the applicant's facility under sections
5(10) and 20(c) of this rule. In addition to such other information as may be
requested by the commissioner as necessary to define the permit terms and
conditions, the applicant shall include proposed replicable procedures and
permit terms that ensure that emission trades conducted under the provisions
are quantifiable and enforceable.
(8) Confirmation of the following:
(A) That the source maintains on-site a
preventive maintenance plan as described in 326 IAC 1-6-3.
(B) That, upon request, the preventive
maintenance plan will be forwarded to the department.
(9) A compliance plan for all Part 70 sources
that contains all of the following information:
(A) A description of the compliance status of
the source with respect to all applicable requirements that addresses the
following:
(i) For applicable requirements
with which the source is in compliance, a statement that the source will
continue to comply with the requirements.
(ii) For applicable requirements that will
become effective during the Part 70 permit term, a statement that the source
will meet the requirements on a timely basis.
(iii) For requirements for which the source
is not in compliance at the time of a Part 70 permit issuance, a narrative
description of how the source will achieve compliance with the
requirements.
(B) A
compliance schedule as follows:
(i) For
applicable requirements with which the source is in compliance, a statement
that the source will continue to comply with the requirements.
(ii) For applicable requirements that will
become effective during the Part 70 permit term, a statement that the source
will meet the requirements on a timely basis. A statement that the source will
meet, in a timely manner, applicable requirements that become effective during
the Part 70 permit term shall satisfy this requirement unless a more detailed
schedule is expressly required by the applicable requirement.
(iii) A schedule of compliance for sources
that are not in compliance with all applicable requirements at the time of a
Part 70 permit issuance. Such a schedule shall include a schedule of remedial
measures, including an enforceable sequence of actions with milestones leading
to compliance with any applicable requirements for which the source will be in
noncompliance at the time of Part 70 permit issuance. This compliance schedule
shall resemble and be at least as stringent as that contained in any judicial
consent decree or administrative order to which the source is subject. Any such
schedule of compliance shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on which it is based.
(C) A schedule for submission of
certified progress reports not less frequently than every six (6) months for
sources required to have a schedule of compliance to remedy a
violation.
(D) The compliance plan
content requirements specified in this section shall apply and be included in
the acid rain portion of a compliance plan for an affected source, except as
specifically superseded by regulations promulgated under Title IV of the CAA
with regard to the schedule and methods the source will use to achieve
compliance with the acid rain emissions limitations.
(10) Requirements for compliance
certification, including the following:
(A) A
certification of compliance with all applicable requirements by a responsible
official consistent with subsection (f) and Section 114(a)(3) of the
CAA.
(B) A statement of methods
used for determining compliance, including a description of monitoring, record
keeping, reporting requirements, and test methods.
(C) A schedule for submission of compliance
certifications during the Part 70 permit term, to be submitted not less
frequently than annually, or more frequently if specified by the underlying
applicable requirement or by the commissioner.
(D) A statement indicating the source's
compliance status with any applicable enhanced monitoring and compliance
certification requirements of the CAA.
(11) The use of nationally standardized forms
for acid rain portions of Part 70 permit applications and compliance plans as
required by the acid rain program.
(12) Identification of terms, conditions, or
requirements under this title that are state enforceable and not enforceable by
the U.S. EPA.
(d) An
applicant may include in a permit application a description of the types of
emergency situations that may arise at the source and the response actions the
source proposes to take in such emergency situations.
(e) The following information need not be
included in a permit application submitted under this rule:
(1) Information concerning insignificant
activities as defined in section 1(21) of this rule. However, an applicant
shall include a list of all insignificant activities in the
application.
(2) Trivial activities
as defined in section 1 of this rule.
(f) Any application form, report, or
compliance certification submitted under this rule shall contain certification
by a responsible official of truth, accuracy, and completeness. This
certification and any other certification required under this section shall
state that, based on information and belief formed after reasonable inquiry,
the statements and information in the document are true, accurate, and
complete.
(g) An applicant wishing
to obtain a compliance extension for requirements under Section 112(d) of the
CAA shall follow the procedures under 40 CFR 63.70 * that address application
requirements. The commissioner shall forward any application information
provided under 40 CFR 63.70 * to the U.S. EPA for approval upon receipt of the
information.
*This document is 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 review and copying at the Indiana
Department of Environmental Management, Office of Air Quality, Indiana
Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
Indiana 4620Sec. 4.