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. 6.
Each Part 70 permit issued under this rule shall contain the
following requirements with respect to compliance:
(1) Compliance certification, testing,
monitoring, reporting, and record keeping requirements sufficient to assure
compliance with the terms and conditions of a Part 70 permit consistent with
section 5(3) of this rule. Any document (including reports) required by a Part
70 permit shall contain a certification by a responsible official that meets
the requirements of section 4(f) of this rule.
(2) Inspection and entry requirements that
require that, upon presentation of credentials and other documents as may be
required by law, the permittee shall allow the commissioner, an authorized
representative of the commissioner, or the U.S. EPA to perform the following:
(A) Enter upon the permittee's premises
where:
(i) a Part 70 source is located or
emissions related activity is conducted; or
(ii) records must be kept under the
conditions of a Part 70 permit.
(B) Have access to and copy any records that
must be kept under the conditions of a Part 70 permit.
(C) Inspect any facilities, equipment
(including monitoring and air pollution control equipment), practices, or
operations regulated or required under a Part 70 permit.
(D) As authorized by the CAA, sample or
monitor substances or parameters for the purpose of assuring compliance with a
Part 70 permit or applicable requirements.
(3) A compliance schedule consistent with
section 4(c)(10) of this rule.
(4)
Progress reports consistent with an applicable schedule of compliance and
section 4(c)(10) of this rule shall be submitted at least semiannually, or at a
more frequent period if specified in the applicable requirement or by the
commissioner. The progress reports shall contain the following:
(A) Dates for achieving the activities,
milestones, or compliance required in the schedule of compliance and dates when
the activities, milestones, or compliance were achieved.
(B) An explanation of why any dates in the
schedule of compliance were not or will not be met and any preventive or
corrective measures adopted.
(5) Requirements for compliance certification
with terms and conditions contained in a Part 70 permit, including emission
limitations, standards, or work practices. Part 70 permits shall include each
of the following:
(A) The frequency (not less
than annually or such more frequent periods as specified in the applicable
requirements or by the commissioner) of submissions of compliance
certifications.
(B) In accordance
with section 5(3) of this rule, a means for monitoring the compliance of the
source with its emissions limitations, standards, and work practices.
(C) A requirement that the compliance
certification include the following, provided that the identification of
applicable information may cross-reference the permit or previous reports, as
applicable:
(i) The identification of each
term or condition of a Part 70 permit that is the basis of the
certification.
(ii) The
identification of the method or other means used by the permittee for
determining the compliance status with each term and condition during the
certification period. The methods and other means shall include, at a minimum,
the methods and means required under section 5(3) of this rule.
(iii) The status of compliance with the terms
and conditions of the permit for the period covered by the certification,
including whether compliance during the period was continuous or intermittent,
based on the method or means designated in item (ii). The certification shall
identify the following:
(AA) Each deviation
and take it into account in the compliance certification.
(BB) As possible exceptions to compliance,
any periods during which compliance is required and in which an excursion or
exceedance as defined in 40 CFR 64 occurred.
(iv) Such other facts as the commissioner may
require to determine the compliance status of the source.
(D) A requirement that all compliance
certifications be submitted to the U.S. EPA as well as to the
commissioner.
(E) Such additional
requirements as may be specified under Sections 114(a)(3) and 504(b) of the
CAA.
(6) Such other
provisions as the commissioner may require.
