Current through March 20, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC
13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 10.5.
(a) An
owner or operator of a Part 70 source proposing to:
(1) construct new emission units;
(2) modify existing emission units;
or
(3) otherwise modify the source
as described in this section;
shall submit a request for a modification approval in
accordance with this section.
(b) In addition to the request for
modification approval in subsection (a), the commissioner may issue a source
modification for the purpose of incorporating the control requirements and
emission limitations that are set forth in a:
(1) final federal district court order that
adjudicates violations of:
(A) the prevention
of significant deterioration provisions under Sections 160 through 169B of the
CAA ( 42 U.S.C. 7470 through 42 U.S.C. 7492 );
(B) the nonattainment new source review
requirements under Sections 171 through 193 of the CAA ( 42 U.S.C. 7501 through
42 U.S.C. 7515 );
(C) Section
112(g) and 112(j) of the CAA ( 42 U.S.C. 7412(g) and 42 U.S.C. 7412(j)
);
(D) 326 IAC 2-2;
(E) 326 IAC 2-3; or
(F) 326 IAC 20; or
(2) federal consent decree that is entered
into for the purpose of resolving alleged violations of:
(A) the prevention of significant
deterioration provisions under Sections 160 through 169B of the CAA ( 42 U.S.C.
7470 through 42 U.S.C. 7492 );
(B)
the nonattainment new source review requirements under Sections 171 through 193
of the CAA ( 42 U.S.C. 7501 through 42 U.S.C. 7515 );
(C) Section 112(g) and 112(j) of the CAA ( 42
U.S.C. 7412(g) and 42 U.S.C. 7412(j) );
(D) 326 IAC 2-2;
(E) 326 IAC 2-3; or
(F) 326 IAC 20.
(c) 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, 326 IAC 2-3, 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 modification approval or operating permit
modification under a provision of this rule, the owner or operator of the
source must submit an application for a permit or permit modification to the
commissioner not later than thirty (30) calendar days after initiating the
repair or replacement.
(d) Any person proposing to make a
modification described in subsection (e) or (g) shall submit an application to
the commissioner concerning the modification as follows:
(1) If only preconstruction approval is
requested, the application shall contain the following information:
(A) The company name and address.
(B) The following descriptive information:
(i) A description of the nature and location
of the proposed construction or modification.
(ii) The design capacity and typical
operating schedule of the proposed construction or modification.
(iii) A description of the following:
(AA) The source and the emissions unit or
units comprising the source.
(BB)
Any proposed emission control equipment, including design specifications.
(C) A schedule for proposed
construction or modification of the source.
(D) The following information as needed to
assure all reasonable information is provided to evaluate compliance consistent
with the permit terms and conditions, the underlying requirements of this title
and the CAA, the ambient air quality standards set forth in 326 IAC 1-3, or the
prevention of significant deterioration maximum allowable increase under 326
IAC 2-2:
(i) Information on the nature and
amount of the pollutant to be emitted, including an estimate of the potential
to emit any regulated air pollutants.
(ii) Estimates of offset credits, as required
under 326 IAC 2-3, for sources to be constructed in nonattainment
areas.
(iii) Any other information,
including, but not limited to, the air quality impact, determined by the
commissioner to be necessary to reasonably demonstrate compliance with the
requirements of this title and the requirements of the CAA, whichever are
applicable.
(E) Each
application shall be signed by an authorized individual, unless otherwise
noted, whose signature constitutes the following:
(i) An acknowledgment 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
Indiana air pollution control rules and the requirements of
the CAA.
Affirmation that the statements in the application are true
and complete, as known at the time of completion of the application, and shall
subject the applicant to liability under state laws forbidding false or
misleading statements.
(2) If the source requests that
the preconstruction approval and operating permit revision be combined, the
application shall contain the information in subdivision (1) and the following
information consistent with section 4(c) of this rule:
(A) An identification of the applicable
requirements to which the source will be subject as a result of the
modification, including the applicable emission limits and standards,
applicable monitoring and test methods, and applicable record keeping and
reporting requirements.
(B) A
description of the Part 70 permit terms and conditions that will apply to the
modification and that are consistent with sections 5 and 6 of this
rule.
(C) A schedule of compliance,
if applicable.
(D) A statement
describing what the compliance status of the modification will be after
construction has been completed consistent with section 4(c)(10) of this
rule.
(E) A certification
consistent with section 4(f) of this rule.
(e) The following minor modifications shall
be processed in accordance with subsection (f):
(1) Modifications that would have a potential
to emit within any of 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).
(iii) VOC for modifications that are not
described in clause (C).
(C) Less than twenty-five (25) tons per year
and equal to or greater than five (5) tons per year of VOC for modifications
that require the use of air pollution control equipment to comply with the
applicable provisions of 326 IAC 8.
(D) Less than one hundred (100) tons per year
and equal to or greater than twenty-five (25) tons per year of carbon monoxide
(CO).
(E) Less than one (1) ton per
year and equal to or greater than two-tenths (0.2) ton per year of lead
(Pb).
(F) 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) For a source in Lake County or
Porter County with the potential to emit twenty-five (25) tons per year of
either VOC or NOx, any modification that would result in
an increase in emissions of either pollutant of greater than or equal to the
following:
(A) Fifteen (15) pounds per day of
VOCs.
(B) Twenty-five (25) pounds
per day of NOx.
(f) Minor modification approval procedures
for modifications described under subsection (e) are as follows:
(1) Except as provided in 326 IAC 2-13, the
source may not begin construction on any emissions unit that is necessary to
implement the modification until the commissioner has approved the modification
request.
(2) Within forty-five (45)
calendar days from receipt of an application for a modification described under
subsection (e), the commissioner shall do one (1) of the following:
(A) Approve the modification
request.
(B) Deny the modification
request.
(C) Determine that the
minor permit revision request would cause or contribute to a violation of the
National Ambient Air Quality Standard (NAAQS) or prevention of significant
deterioration (PSD) standards would allow for an increase in emissions greater
than the thresholds in subsection (g) or would not provide for compliance
monitoring consistent with this rule and should be processed under subsection
(h).
(3) The source may
begin construction as follows:
(A) If the
source has a final Part 70 permit and only requests preconstruction approval or
if the source does not have a final Part 70 permit, the source may begin
construction upon approval by the commissioner. Notwithstanding IC 13-15-5, the
commissioner's approval shall become effective immediately. Operation of the
modification shall be as follows:
(i) For a
source that has a final Part 70 permit, operation of the modification may
commence in accordance with section 12 of this rule.
(ii) For a source without a final Part 70
permit, operation may begin after construction is completed.
(B) If the source requests that
the preconstruction approval and operating permit revision be combined, the
source may begin construction upon approval and operation may begin in
accordance with section 12 of this rule.
(g) The following significant modifications
shall be processed in accordance with subsection (h):
(1) Any modification that is subject to 326
IAC 2-2, 326 IAC 2-3, or 326 IAC 2-4.1.
(2) A modification that is subject to 326 IAC
8-1-6.
(3) Any modification with a
potential to emit lead at greater than or equal to one (1) ton per
year.
(4) Any modification with a
potential to emit greater than or equal to twenty-five (25) tons per year of
any of the following pollutants:
(A) PM,
PM10, or direct PM2.5.
(B) Sulfur dioxide
(SO2).
(C)
Nitrogen oxides (NOx).
(D) VOC.
(E) Hydrogen sulfide
(H2S).
(F)
Total reduced sulfur (TRS).
(G)
Reduced sulfur compounds.
(H)
Fluorides.
(5) For a
source of lead with a potential to emit greater than or equal to five (5) tons
per year, a modification that would increase the potential to emit greater than
or equal to six-tenths (0.6) ton per year.
(6) Any modification with a potential to emit
greater than or equal to ten (10) tons per year of a single HAP as defined
under Section 112(b) of the CAA or twenty-five (25) tons per year of any
combination of HAPs.
(7) Any
modification with a potential to emit greater than or equal to one hundred
(100) tons per year of carbon monoxide (CO).
(h) The following shall apply to the
significant modifications described in subsection (g):
(1) Any person proposing to make a
modification described in subsection (g) shall:
(A) submit an application concerning the
modification; and
(B) include the
information under subsection (d).
(2) Except as provided in 326 IAC 2-13, the
source may not begin construction on any emissions unit that is necessary to
implement the modification until the commissioner has issued a modification
approval.
(3) The commissioner
shall approve or deny the modification as follows:
(A) Within one hundred twenty (120) calendar
days from receipt of an application for a modification in subsection (g) except
subsection (g)(1).
(B) Within two
hundred seventy (270) calendar days from receipt of an application for a
modification under subsection (g)(1).
(4) A modification approval under this
subsection may be issued only if all of the following conditions have been met:
(A) The commissioner has received a complete
application for a modification.
(B)
The commissioner has complied with the requirements for public notice as
follows:
(i) For modifications for which a
source is only requesting preconstruction approval, the commissioner has
complied with the requirements under 326 IAC 2-1.1-6.
(ii) For modifications for which a source is
requesting a combined preconstruction approval and operating permit revision,
the commissioner has complied with the requirements under section 17 of this
rule.
(C) The conditions
of the modification approval provide for compliance with all applicable
requirements and this rule.
(D) For
modifications for which a source is requesting a combined preconstruction
approval and operating permit revision, the U.S. EPA has received a copy of the
proposed modification approval and any notices required and has not objected to
the issuance of the modification approval within the time period specified in
section 18 of this rule.
(5) The commissioner shall do the following:
(A) Provide a technical support document that
sets forth the legal and factual basis for draft modification approval
conditions, including references to the applicable statutory and regulatory
provisions.
(B) Send this technical
support document to:
(i) the U.S.
EPA;
(ii) the applicant;
and
(iii) any other person who
requests it.
(i) The following shall apply to a
modification approval described in subsection (g) for a source that has not
received a final Part 70 permit:
(1) After
receiving an approval to construct and prior to receiving approval to operate,
a source shall prepare an affidavit of construction as follows:
(A) The affidavit shall include the
following:
(i) The name and title of the
authorized individual.
(ii) The
company name.
(iii) Subject to item
(iv), an affirmation that the emissions units described in the modification
approval:
(AA) were constructed in
conformance with the request for modification approval; and
(BB) will comply with the modification
approval.
(iv)
Identification of any changes to emissions units not included in the request
for modification approval, but which should have been included under subsection
(a).
(v) The signature of the
authorized individual.
(B) The affidavit shall be
notarized.
(C) A source shall
submit the affidavit to the commissioner either after construction of all the
emission units described in the modification approval or after each phase of
construction of the emission units described in the modification approval, as
applicable, has been completed.
(2) A source may not operate any emissions
units described in the modification approval prior to receiving a validation
letter issued by the commissioner, except as provided in the following:
(A) A source may operate the emissions units
covered by the affirmation in the affidavit of construction upon submission of
the affidavit of construction.
(B)
The commissioner shall issue a validation letter within five (5) working days
of receipt of the affidavit of construction.
(C) The validation letter shall authorize the
operation of all or part of each emissions unit covered by the affirmation in
the affidavit of construction.
(D)
Subject to clause (E), the validation letter shall include any amendments to
the modification approval if the amendment is requested by the source and if
the amendment does not constitute a modification and require public notice and
comment under 326 IAC 2-1.1-6.
(E)
A validation letter shall not approve the operation of any emissions unit if an
amendment to the modification approval requested by the source would constitute
a modification and require public notice and comment under 326 IAC
2-1.1-6.
(j)
Each modification approval issued under this rule shall provide that
construction must commence within eighteen (18) months of the issuance of the
modification approval.
(k) All
modification approval proceedings under this section shall provide adequate
procedures for public notice, including offering an opportunity for public
comment and a hearing on the draft modification approval for significant
modifications as established in 326 IAC 2-1.1-6 or section 17 of this rule.
Modifications for the purpose of incorporating the control requirements and
emission limitations of a final federal district court order or federal consent
decree under subsection (b) shall follow procedures for public notice as
established in 326 IAC 2-1.1-6.
(l)
The commissioner shall provide for review by the U.S. EPA and affected states
of each:
(1) modification
application;
(2) draft modification
approval;
(3) proposed modification
approval; and
(4) final
modification approval;
in accordance with the procedures established in section 18
of this rule for modifications that a source is requesting a combined
preconstruction approval and operating permit revision.
(m) A modification approval issued
in accordance with this section shall be incorporated into the source's Part 70
permit or permit application as follows:
(1)
For a source that has a final Part 70 permit and requested that the
preconstruction approval and permit revision be combined, the modification
approval shall be incorporated into the Part 70 permit as an administrative
amendment in accordance with section 11 of this rule.
(2) For a source that has a final Part 70
permit and requested only a preconstruction approval, the source may begin
operation in accordance with section 12 of this rule.
(3) For a source that has a complete Part 70
permit application on file, but does not have a final Part 70 permit and
requested only preconstruction approval, the modification approval:
(A) shall be deemed incorporated in the Part
70 permit application; and
(B) will
be included in the Part 70 permit when issued.
(4) For a source that has a final Part 70
permit and requested a modification under subsection (b), the modification
approval shall be incorporated into the Part 70 permit as an administrative
amendment in accordance with section 11 of this rule.