Sec. 1.
(a) The
owners or operators of all facilities described under
329 IAC 11.5-1-2
are required to register, unless excluded under
329 IAC 11.5-3-1. A
registration is for a fixed term not to exceed five (5) years. A registration
may be renewed for five (5) years in accordance with this section.
(b) The registration form must be:
(1) filled out completely; and
(2) submitted to the commissioner in
triplicate on a form or in a format provided by the commissioner.
At any time, one (1) copy of a registration may be submitted
electronically via electronic media.
(c) The commissioner may require the
registration to be submitted electronically with an electronic signature.
(d) The form for renewal of the
registration must be submitted to the commissioner at least sixty (60) days
before the expiration date of the registration. The renewal must include an
update for the cost of the surety bond to meet the financial assurance
requirements in 329 IAC 11.5-8[ 329 IAC 11.5-8 ]. If the
maximum on-site tonnage estimate has not changed from the previous
registration, the update for the cost of the surety bond will be calculated by
multiplying the final figure of the most recent surety bond amount in the
original registration, a modification, or most current renewal by an inflation
factor of ten percent (10%). The recalculated amount will be the surety bond
amount required for financial assurance in a renewal.
(e) The registration must be modified and
submitted to the commissioner for approval prior to any of the following:
(1) A change in the following:
(A) The process at the biomass anaerobic
digestion facilities and biomass gasification facility.
(B) The location of the biomass anaerobic
digestion facilities and biomass gasification facilities.
(C) The amounts of biomass or appropriate
feedstock specified in subsection (g)(5).
(2) An expansion to the biomass anaerobic
digestion facilities or biomass gasification facilities.
(f) The owner or operator of a facility that
would like to accept a biomass or appropriate feedstock that is not currently
listed on the facility's approved registration or any acknowledgment letter
issued by the commissioner must submit documentation for the new biomass and
appropriate feedstock, and approvals are as follows:
(1) Biomass with the same storage and
handling is considered approved within fifteen (15) days unless a denial is
issued by the commissioner.
(2)
Appropriate feedstock with the same storage and handling is considered approved
within thirty (30) days unless a denial is issued by the commissioner.
(3) Biomass or appropriate
feedstock that has different storage or handling requirements can only be taken
by the facility after the receipt by the facility of a commissioner approval.
(g) The registration
must include the following information:
(1)
The name of the owner, operator, and landowner, if different from the
registered facility owner.
(2)
Addresses and telephone numbers for the owner, operator, and landowner.
(3) The location and address of
the facility.
(4) The type of
facility.
(5) At a minimum the
following information:
(A) The physical or
chemical characteristics of the biomass or appropriate feedstock.
(B) The source of the biomass or appropriate
feedstock.
(C) A description of
the process that created the biomass and appropriate feedstock.
(D) Maximum amounts, in tons, of biomass or
appropriate feedstock that are delivered daily, weekly, or monthly basis.
(E) The maximum amounts of
biomass, appropriate feedstock, and residues to be stored on-site and the
probable duration of storage in days.
(F) Identification of any reusable
byproducts.
(G) Other information
requested by the commissioner.
(6) Screening procedures to ensure that the
registered facility is only receiving biomass and appropriate feedstock that
are acceptable and approved for use at this registered facility.
(7) A plot plan that has a scale, including a
bar scale, elevations that correlate with U.S. Geological Survey mean sea level
data, north arrow, a map legend, facility boundary, roads, drainage ways, and
identification on the plot plan of where the biomass, appropriate feedstock,
and residues will be stored or processed in:
(A) a building;
(B) containers;
(C) vehicles;
(D) lagoons;
(E) tanks; or
(F) other proposed storage locations subject
to approval by the commissioner.
(8) The construction plans and construction
material for all areas where biomass, appropriate feedstock, and residues will
be:
(A) stored; or
(B) processed.
(9) A detailed description of the:
(A) storage;
(B) handling;
(C) processing;
(D) treatment; and
(E) final disposition; of the biomass,
appropriate feedstock, reusable byproducts, or residue.
(10) The maximum total amount, in tons, of
biomass or appropriate feedstock capable of being processed per day.
(11) Other approvals or permits from the
commissioner for the facility.
(12) The date the facility became operational
or will be operational.
(13) A
contingency action plan that specifies the following:
(A) An outline of the method or methods of
biomass and appropriate feedstock management or disposal to be implemented if
the registered facility is unable to operate or process and there is no more
remaining storage capacity for the biomass and appropriate feedstock that has
been approved in the registration.
(B) The maximum amounts of biomass,
appropriate feedstock, and residues as specified in subdivision (5)(E) at the
facility site at any one (1) time.
(C) Emergency response plan for controlling:
(i) fire;
(ii) explosion;
(iii) spills; and
(iv) contamination.
(D) If required, a spill prevention control
plan, under Section 311(j)(1)(C) of the Clean Water Act, as amended by the Oil
Pollution Act of 1990.
(E) A floor
plan of the facility and areas where biomass and appropriate feedstock are
stored.
(F) A plot plan of the
registered facility. The plot plan must include the information required in
subdivision (7).
(G) A United
States Geological Service (USGS) map that identifies the facility location and
any access roads.
(H) Telephone
numbers for the fire department responsible for responding to a fire or
emergency at the facility.
(14) A description of any residue, leachate,
or wastewater resulting from the processing or storing of biomass or
appropriate feedstock. Applicable surface water controls under 327 IAC 15-6
must be specified.
(15) Material
handling and housekeeping procedures for the following areas:
(A) Storage.
(B) Biomass and appropriate feedstock
processing.
(C) Loading.
(D) Unloading.
(16) The financial assurance
documentation required under
329 IAC
11.5-8-1, if applicable.
(h) The owner or operator must sign and
submit the following certification with the registration: "I certify under
penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including a
fine or imprisonment for a knowing violation. I further certify that I am
authorized to submit this information.".
(i) The commissioner or a designee may deny,
revoke, limit the length of, or place additional conditions on a registration
if the commissioner determines one (1) or more of the following:
(1) The commissioner, under IC 13-15-7, has
revoked the applicant's previous registration under this article.
(2) The registration form is incomplete.
(3) There is a violation of a
requirement of this article or a condition of the registration.
(4) There is a failure to disclose all
relevant facts in obtaining a registration under this article.
(5) There is a misrepresentation made in
obtaining a registration under this article.
(6) The permittee fails to meet the
requirements for a registration.
(7) The permittee fails to correct a
condition as agreed to in an agreed order with the department or commissioner's
order, or within the time established in the agreed order or commissioner's
order, come into compliance with:
(A) the
registration;
(B) this article; or
(C) both.
(j) The issuance of a registration
does not:
(1) convey any property right of any
sort or any exclusive privileges;
(2) authorize any injury to persons or
private property or invasion of other private rights or any infringement of
federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other
federal, state, or local requirements.
(k) A registration is not transferable. A new
owner or operator:
(1) must submit a
registration form to the commissioner thirty (30) days in advance of taking
ownership of the facility; and
(2)
may operate the facility in the interim.
