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; IC 13-16-2-1; IC 13-17
Sec. 5.
The following shall be included in each Part 70 permit issued
under this rule:
(1) Emission
limitations and standards, including those operational requirements and
limitations that assure compliance with all applicable requirements and any
additional requirement that is enforceable by the state at the time of a Part
70 permit issuance. The Part 70 permit shall include the following:
(A) The Part 70 permit shall:
(i) specify and reference the origin of and
authority for each term or condition; and
(ii) identify any difference in form as
compared to the applicable requirement upon which the term or condition is
based.
(B) Copies of
relevant portions of the Part 70 permit application may be incorporated as
attachments or exhibits only when referenced by specific permit
conditions.
(C) Where an applicable
requirement of the CAA is more stringent than an applicable requirement of
regulations promulgated under Title IV of the CAA, both provisions shall be:
(i) incorporated into the Part 70 permit;
and
(ii) described in the permit as
enforceable by the commissioner and the U.S. EPA.
(D) If an applicable implementation plan
allows a determination of an alternative emission limit for a Part 70 source,
equivalent to that contained in the plan, to be made in the permit issuance,
renewal, or significant modification process, and the commissioner elects to
use the process, any Part 70 permit containing an alternative emission limit
based on such an equivalency determination shall contain provisions to ensure
that the emission limit has been demonstrated to be quantifiable, accountable,
enforceable, and based on replicable procedures.
(E) The Part 70 permit shall specify for each
term or condition, including terms and conditions set forth in this title,
contained therein whether the term or condition is federally enforceable or
state enforceable.
(F) The Part 70
permit shall specify the permit conditions for which the emergency provision of
section 16 of this rule is available. The permit may specify emergency
situations identified by the source in its application and response actions
that, if taken by the source during the emergency, shall constitute reasonable
steps to minimize emissions and correct the emergency.
(2) A fixed permit term of five (5) years in
the case of affected sources, and a term not to exceed five (5) years in the
case of all other sources.
(3)
Monitoring and related record keeping and reporting requirements, which assure
that all reasonable information is provided to evaluate continuous compliance
with the applicable requirements. At a minimum, the following shall be
contained in each Part 70 permit:
(A) With
respect to monitoring, each Part 70 permit shall contain the following:
(i) All monitoring and analysis procedures or
test methods required under the applicable requirements, including 40 CFR 64
and any other procedures and methods promulgated under Section 504(b) or
114(a)(3) of the CAA.
(ii) Where an
applicable requirement does not require periodic testing or instrumental or
noninstrumental monitoring (which may consist of record keeping designed to
serve as monitoring), such periodic monitoring specifications sufficient to
yield reliable data from the relevant time period that are representative of
the source's compliance with the Part 70 permit as reported under clause (C).
Such monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirement. Record keeping provisions may be sufficient to meet the
requirements of this item.
(iii) As
necessary, requirements concerning the use, maintenance, and, where
appropriate, installation of monitoring equipment or methods.
(B) With respect to record
keeping, the Part 70 permit shall incorporate all applicable record keeping
requirements, including, where applicable, the following:
(i) Records of required monitoring
information that include the following:
(AA)
The date, place, as defined in a Part 70 permit, and time of sampling or
measurements.
(BB) The dates
analyses were performed.
(CC) The
company or entity that performed the analyses.
(DD) The analytical techniques or methods
used.
(EE) The results of the
analyses.
(FF) The operating
conditions as existing at the time of sampling or measurement.
(ii) Retention of records of all
required monitoring data and support information for a period of at least five
(5) years from the date of the monitoring sample, measurement, report, or
application. Support information includes the following:
(AA) All calibration and maintenance
records.
(BB) All original strip
chart recordings for continuous monitoring instrumentation.
(CC) Copies of all reports required by the
Part 70 permit.
(DD) For the
purposes of complying with this subdivision, the permittee shall:
(aa) retain the records on-site for three (3)
years; and
(bb) make them available
upon request for the two (2) years following.
(C) With respect to reporting, a
Part 70 permit shall incorporate all applicable reporting requirements and
require the following:
(i) Submittal of
reports of any required monitoring at least every six (6) months. All instances
of deviations from Part 70 permit requirements must be clearly identified in
the reports. All required reports must be certified by a responsible official
consistent with section 4(f) of this rule.
(ii) The reporting of deviations from Part 70
permit requirements, including those attributable to upset conditions as
defined in a Part 70 permit, the probable cause of the deviations, and any
corrective actions or preventive measures taken. Proper notice submittal under
section 16 of this rule satisfies the reporting requirements of this item.
Notwithstanding requirements in this section, the reporting of deviations
required by an applicable requirement shall follow the schedule stated in the
applicable requirement.
(iii)
Submittal of an annual emission statement that meets the requirements of 326
IAC 2-6, or other equivalent information.
(4) A Part 70 permit condition prohibiting
emissions exceeding any allowances that the source lawfully holds under Title
IV of the CAA subject to the following limitations:
(A) No Part 70 permit revision shall be
required for increases in emissions that are authorized by allowances acquired
under the Title IV acid rain program, provided that the increases do not
require a Part 70 permit revision under any other applicable
requirement.
(B) No limit shall be
placed on the number of allowances held by the source. The source may not,
however, use allowances as a defense to noncompliance with any other applicable
requirement.
(C) Any such allowance
shall be accounted for according to the procedures established in regulations
promulgated under Title IV of the CAA.
(5) A severability clause to ensure the
continued validity of the various Part 70 permit requirements in the event that
a portion of the Part 70 permit is determined to be invalid.
(6) Provisions stating the following:
(A) The permittee must comply with all
conditions of the Part 70 permit. Any Part 70 permit noncompliance constitutes
a violation of the CAA and is grounds for:
(i)
enforcement action;
(ii) Part 70
permit termination, revocation and reissuance, or modification; or
(iii) denial of a Part 70 permit renewal
application.
(B) It
shall not be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of a Part 70 permit.
(C) The Part 70 permit may be modified,
reopened, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a Part 70 permit modification, revocation and
reissuance, or termination, or of a notification of planned changes or
anticipated noncompliance does not stay any Part 70 permit condition.
(D) The Part 70 permit does not convey any
property rights of any sort or any exclusive privilege.
(E) The permittee shall furnish to the
commissioner, within a reasonable time, any information that the commissioner
may request in writing to determine whether cause exists for modifying,
revoking and reissuing, or terminating the Part 70 permit or to determine
compliance with the Part 70 permit. Upon request, the permittee shall also
furnish to the commissioner copies of records required to be kept by a Part 70
permit or, for information claimed to be confidential, the permittee may
furnish the records directly to the U.S. EPA along with a claim of
confidentiality.
(7) A
provision to ensure that a Part 70 source pays fees to the commissioner
consistent with the fee schedule approved under section 19 of this rule, or in
accordance with a fee schedule established under IC 13-16-2-1. A fee schedule
established under IC 13-16-2-1 shall include the determination that:
(A) a single payment of the entire fee is an
undue hardship on the person; and
(B) the department is not required to assess
installments separately.
(8) A provision stating that no Part 70
permit revision shall be required under any approved economic incentives,
marketable Part 70 permits, emissions trading, and other similar programs or
processes for changes that are provided for in a Part 70 permit.
(9) Terms and conditions that allow for
changes by the permitted source among reasonably anticipated operating
scenarios that are identified by the source in its application as approved by
the commissioner. The terms and conditions shall:
(A) require the source, contemporaneously
with making a change from one (1) operating scenario to another, to make a
record in a log at the permitted facility of the scenario under which it is
operating;
(B) require the source
to comply with all applicable requirements and the requirements of this rule
for each such alternative operating scenario; and
(C) include a summary of the records required
under clause (A) to be included in the annual compliance certification
submitted under section 6(5) of this rule.
(10) Terms and conditions, if a Part 70
permit applicant requests them, for the trading of emissions increases and
decreases in the permitted facility, to the extent that the applicable
requirements provide for trading the increases and decreases without a
case-by-case approval of each emissions trade. The terms and conditions shall:
(A) include all terms required under
subdivision (3) and section 6 of this rule to determine compliance;
and
(B) require the permittee to
meet all applicable requirements and requirements of this rule.
(11) Each Part 70 permit for a
source at which a regulated substance is present in more than a threshold
quantity and that is subject to 40 CFR 68 * shall:
(A) identify 40 CFR 68 * as an applicable
requirement;
(B) include conditions
that require the source owner or operator to submit:
(i) a compliance schedule for meeting the
requirements of 40 CFR 68 * by the date provided in 40 CFR 68.10(a) *;
or
(ii) as a part of the compliance
certification submitted under section 6(5) of this rule, a certification
statement that the source is in compliance with all requirements of 40 CFR 68
*, including the registration and submission of a risk management plan (RMP);
and
(C) require the
source to verify to the commissioner that an RMP or a revised plan was prepared
and submitted as required by 40 CFR 68 *.
(12) A provision that requires the source to
do all of the following:
(A) Maintain on-site
the preventive maintenance plan required under section 4(c)(8) of this
rule.
(B) Implement the preventive
maintenance plan.
(C) Forward to
the department upon request the preventive maintenance plan.
(13) Except as otherwise provided
in section 15 or 20 of this rule, a provision providing the Part 70 permit
shield described in section 15 of this rule.
(14) Descriptive information.
(15) Terms and conditions, if requested by
the permit applicant, that, notwithstanding the modification approval
requirements under section 10.5 of this rule or the permit modification or
revision requirements under section 12 of this rule, allow the source to make
specifically identified Part 70 permit modifications without review, provided
the Part 70 operating permit includes terms and conditions that prescribe
emissions limitations and standards applicable to specifically identified
modifications or types of modifications that may occur during the term of the
permit. The permit conditions shall include the following:
(A) Emission limitations and standards
necessary to assure compliance with the permit terms and conditions and all
applicable requirements.
(B)
Monitoring, testing, reporting, and record keeping requirements that are
necessary to assure all reasonable information is provided to evaluate
continuous compliance with the permit terms and conditions, the underlying
requirements of this title, and the CAA.
*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 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 46204.
