Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 11.1.
(a) Any
person proposing to add additional emission units, modify existing emission
units, or otherwise modify a FESOP source as described in this section shall
submit a permit revision request in accordance with this section.
(b) 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 for the equipment or the affected emissions
unit that was repaired or replaced;
(2) is not a major modification under 326 IAC
2-2-1, 326 IAC 2-3-1, 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 permit or operating permit revision under a
provision of this rule, the owner or operator of the source must submit an
application for a permit or permit revision to the commissioner not later than
thirty (30) calendar days after initiating the repair or replacement.
(c) An application
required under this section shall meet the requirements of section 3(c) of this
rule and include the following information:
(1) The company name and address.
(2) A description of the change and the
emissions resulting from the change.
(3) An identification of the applicable
requirements to which the source is newly subject as a result of the change,
including the applicable emission limits and standards, applicable monitoring
and test methods, and applicable record keeping and reporting
requirements.
(4) Proposed permit
terms and conditions required to implement the change, including limitations
and methods to be used to comply with the limitations for modifications
described in subsection (d)(4).
(5)
A schedule of compliance, if applicable.
(6) A certification consistent with section
3(d) of this rule.
(d)
Minor permit revisions are required for approval prior to construction and
operation for modifications that have a potential to emit within the following
ranges:
(1) 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.
(2) Less than twenty-five (25) tons per year
and equal to or greater than ten (10) tons per year of sulfur dioxide
(SO2).
(3)
Less than twenty-five (25) tons per year and equal to or greater than ten (10)
tons per year of nitrogen oxides (NOx).
(4) Less than twenty-five (25) tons per year
and equal to or greater than ten (10) tons per year of VOC for modifications
that are not described in clause (E) [sic].
(5) 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.
(6) Less than one hundred (100) tons per year
and equal to or greater than twenty-five (25) tons per year of carbon monoxide
(CO).
(7) Less than one (1) ton per
year and equal to or greater than two-tenths (0.2) ton per year of lead
(Pb).
(8) 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:
(A)
Hydrogen sulfide (H2S).
(B) Total reduced sulfur (TRS).
(C) Reduced sulfur compounds.
(D) Fluorides.
(e) Minor permit revision
procedures shall be as follows:
(1) Any person
proposing to make a change described in subsection (d) shall:
(A) submit an application concerning the
change; and
(B) include the
information under subsection (c).
(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 change until the commissioner has revised the permit.
(3) Within forty-five (45) calendar days from
receipt of an application for a minor permit revision, the commissioner shall
either:
(A) approve the minor permit revision
request;
(B) deny the minor permit
revision; or
(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 (f), or would not provide for compliance
monitoring consistent with this rule and should be processed as a significant
permit revision.
(4) If
approved, the permit shall be revised by incorporating the minor permit
revision into the permit. The commissioner shall make any changes necessary to
assure compliance with this title and the CAA prior to attaching the minor
permit revision to the permit. The commissioner shall do the following:
(A) Notify the permittee upon incorporation
of the minor permit revision to the permit.
(B) Provide a copy of the minor permit
revision to the permittee. Notwithstanding IC 13-15-5, the commissioner's
decision shall become effective immediately.
(f) Significant permit revision procedures
are as follows:
(1) A significant permit
revision is a modification that is not an administrative amendment under
section 10 of this rule or subject to subsection (d) and includes the
following:
(A) Any modification that would be
subject to 326 IAC 2-2, 326 IAC 2-3, or 326 IAC 2-4.1.
(B) Any modification that results in the
source needing to obtain a Part 70 permit under 326 IAC 2-7.
(C) A modification that is subject to 326 IAC
8-1-6.
(D) Any modification with a
potential to emit lead at greater than or equal to one (1) ton per
year.
(E) Any modification with a
potential to emit greater than or equal to twenty-five (25) tons per year of
the following pollutants:
(i) PM,
PM10, or direct PM2.5.
(ii) Sulfur dioxide
(SO2).
(iii)
Nitrogen oxides (NOx).
(iv) VOC.
(v) Hydrogen sulfide
(H2S).
(vi)
Total reduced sulfur (TRS).
(vii)
Reduced sulfur compounds.
(viii)
Fluorides.
(F) 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.
(G) 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.
(H) Any
modification with a potential to emit greater than or equal to one hundred
(100) tons per year of carbon monoxide (CO).
(I) Any modification that removes or reduces
compliance monitoring, testing, record keeping, reporting, or its frequency.
(2) The following
conditions shall apply to significant permit revisions:
(A) Any person proposing to make a
modification described in this subsection shall:
(i) submit an application concerning the
modification; and
(ii) include the
information under subsection (c).
(B) The commissioner shall provide a copy of
the significant permit revision application and draft and final operating
permit revision to the U.S. EPA.
(C) Except as provided in 326 IAC 2-13, the
source may not begin construction on any emissions unit that is necessary to
implement the change until the commissioner has revised the permit.
(D) The commissioner shall provide for public
notice and comment in accordance with section 13 of this rule.
(E) The commissioner shall approve or deny
the significant permit revision as follows:
(i) Within one hundred twenty (120) calendar
days from receipt of an application for a significant permit revision, except
for a significant permit revision under subdivision (1)(A).
(ii) Within two hundred seventy (270)
calendar days from receipt of an application for a significant permit revision
under subdivision (1)(A).
(F) If approved, the permit shall be revised
by incorporating the significant permit revision into the permit. The
commissioner shall make any changes necessary to assure compliance with this
title and the CAA prior to attaching the significant permit revision to the
permit.