Sec. 10.
(a) The
following changes shall be designated as administrative amendments and shall
not be required to comply with the provisions in 326 IAC 2-1.1-6 concerning
public notice or prior approval by the commissioner:
(1) Changes correcting typographical
errors.
(2) Minor administrative
changes such as a change in:
(A) the name,
address, or telephone number of any person identified in the FESOP;
or
(B) descriptive information
concerning the source or emissions unit, where the revision will not trigger a
new applicable requirement.
(3) Modifications that would require more
frequent monitoring or reporting by the permittee.
(4) Changes in ownership or operational
control of a source where the commissioner determines that no other change in a
FESOP is necessary, provided that a written agreement containing a specific
date for transfer of a FESOP responsibility, coverage, and liability between
the current and new permittee has been submitted to the commissioner.
(5) A change to a testing, monitoring,
maintenance, or record keeping requirement that is not environmentally
significant. The change shall not be an administrative amendment if the
testing, monitoring, maintenance, or record keeping is required by an
applicable requirement.
(6) If
there is no new equipment and no change to operations or processes, and the
change is a result of one (1) or more of the following:
(A) Incorporation of alternative testing or
compliance monitoring requirements that have received U.S. EPA approval under
40 CFR 60 *, 40 CFR 61 *, or 40 CFR 63 *.
(B) Incorporation of newly-applicable
monitoring or testing requirements specified in 40 CFR 60 *, 40 CFR 61 *, or 40
CFR 63 * that apply as the result of a change in applicability of those
requirements to the source, including removal from the permit of monitoring or
testing requirements that no longer apply as a result of the change in
applicability.
(C) Incorporation of
test methods or monitoring requirements specified in an applicable requirement
that the source may use under the applicable requirement as an alternative to
the testing or monitoring requirements contained in the permit.
(D) Incorporation or deletion of applicable
requirements as a result of a change in applicability.
(7) A change that allows for the construction
and operation of a modification that has received advance approval under this
rule.
(8) A change or modification
that meets the applicability criteria and can meet and will comply with the
operational limitations for a source specific operating agreement under 326 IAC
2-9 or a general permit under 326 IAC 2-12 or section 18 of this rule and does
not require an adjustment to the potential to emit of the source.
(9) Incorporation of a modification of an
existing source if the modification will replace or repair a part or piece of
equipment in an existing process unless the modification:
(A) results in the replacement or repair of
an entire process;
(B) qualifies as
a reconstruction of an entire process; or
(C) may result in an increase of actual
emissions.
(10)
Incorporation of a modification that adds an emissions unit of the same type
that is already permitted and that will comply with the same applicable
requirements and permit terms and conditions as the existing emission unit
except if the modification would result in a potential to emit greater than the
thresholds in 326 IAC 2-2 or 326 IAC 2-3.
(11) Incorporation of a modification that is
subject to the following reasonably available control technology (RACT), a new
source performance standard (NSPS), or a national emission standard for
hazardous air pollutants (NESHAP) and the RACT, NSPS, or NESHAP is the most
stringent applicable requirement, except for those modifications that would be
subject to the provisions of 40 CFR 63, Subpart B, Hazardous Air Pollutants:
Regulations Governing Constructed or Reconstructed Major Sources*:
(A) 40 CFR 60.40c *, except for modifications
to a source located in Lake County.
(B) 40 CFR 60.110b *.
(C) 40 CFR 60.250 *, except for modifications
that include thermal dryers.
(D) 40
CFR 60.330 * for modifications that only include emergency
generators.
(E) 40 CFR 60.670
*.
(F) 40 CFR 61.110 *.
As part of the request under subsection (b)(1), the applicant
shall acknowledge the requirement to comply with the RACT, NSPS, or NESHAP. For
modifications under clauses (A) through (D), the source must use the monitoring
specified in the relevant RACT, NSPS, or NESHAP.
(12) Incorporation of a modification that is
subject to one (1) of the following NSPSs, except for modifications that would
be subject to 326 IAC 8-1-6:
(A) 40 CFR
60.310 *.
(B) 40 CFR 60.390
*.
(C) 40 CFR 60.430 *.
(D) 40 CFR 60.440 *.
(E) 40 CFR 60.450 *.
(F) 40 CFR 60.460 *.
(G) 40 CFR 60.490 *.
(H) 40 CFR 60.540 *.
(I) 40 CFR 60.560 *.
(J) 40 CFR 60.580 *.
(K) 40 CFR 60.600 *.
(L) 40 CFR 60.660 *.
(M) 40 CFR 60.720 *.
As part of the request under subsection (b)(1), the applicant
shall acknowledge the requirement to comply with the NSPS. For modifications
under clauses (A) through (H), the source must use the monitoring specified in
the NSPS.
(13)
Addition of an emissions unit, subject to 326 IAC 2-1.1-3, at the request of
the applicant.
(b) An
administrative permit amendment may be made by the commissioner consistent with
the following:
(1) The commissioner shall
take no more than sixty (60) days from receipt of a request for an
administrative permit amendment to take final action on the request and may
incorporate the changes without providing prior notice to the public or
affected states provided that it designates any such permit revisions as having
been made under this subsection.
(2) The commissioner shall submit a copy of a
revised FESOP to the U.S. EPA.
(3)
The source may implement the changes addressed in the request for an
administrative amendment immediately upon submittal of the request.
*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.