Section 326 IAC 2-6.1-6 - Permit revisionsAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 6.
(a) Any person proposing to construct new emission units, modify existing emission units, or otherwise modify the source as described in this section shall submit an application or notification for a permit revision in accordance with this rule.(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 of 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 or notification required under this section shall contain 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:(A) emission limits and standards;(B) monitoring and test methods; and(C) record keeping and reporting requirements.(4) A schedule of compliance, if applicable.(5) Each application or notification shall be signed by an authorized individual whose signature constitutes an acknowledgment that the applicant assumes the responsibility of assuring that the source, emissions unit or units, or emission control equipment will be modified and will operate in compliance with all applicable Indiana air pollution control rules and the requirements of the CAA. The signature shall:(A) constitute affirmation that the statements in the application are true and complete, as known at the time of completion of the application; and(B) subject the applicant to liability under state laws forbidding false or misleading statements.(d) 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 a permit; or(B) descriptive information concerning the source or emissions unit or units.(3) Changes in ownership or operational control of a source.(4) Modifications that would require more frequent monitoring or reporting.(5) 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 or deletion of applicable requirements as a result of a change in applicability.(B) 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 *.(C) 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.(D) 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.(6) Modifications that have the potential to emit greater than or equal to one (1) ton per year but less than ten (10) tons per year of a single HAP as defined under Section 112(b) of the CAA or greater than or equal to two and one-half (2.5) tons per year but less than twenty-five (25) tons per year of any combination of HAPs.(7) A 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.(8) A modification that adds an emissions unit of the same type that is already permitted or replaces an existing unit 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 or would result in a potential to emit equal to or greater than the thresholds in 326 IAC 2-7.(9) 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.(C)40 CFR 60.250 *, except for modifications that include thermal dryers.(D)40 CFR 60.330 * for modifications that only include emergency generators.(F)40 CFR 61.110 *. As part of the application required under subsection (c), 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.
(10) A modification that is subject to the following new source performance standards (NSPSs), except for modifications that would be subject to 326 IAC 8-1-6: (M)40 CFR 60.720 *. As part of the application required under subsection (c), 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.
(11) Addition of an emissions unit, subject to 326 IAC 2-1.1-3, at the request of the applicant.(e) Any person proposing to make a change or modification described in subsection (d) shall submit a notification concerning the change or modification within thirty (30) calendar days of making the change or modification and shall include the information required under subsection (c). The notification shall be sent by one (1) of the following means:(2) Delivery by hand or express service.(3) Transmission by other equally reliable means of notification by the source to the commissioner.(f) The commissioner shall revise the permit within thirty (30) days of receipt of the notification. The commissioner shall provide the permittee with a copy of the revised permit. Notwithstanding IC 13-15-5, the permit revision shall be effective immediately.(g) The following modifications shall require minor permit revisions and shall require approval prior to construction and operation: (1) Modifications that would reduce the frequency of any monitoring or reporting required by a permit condition or applicable requirement.(2) The addition of a portable source or relocation of a portable source to an existing source, if the addition or relocation would require a change to any permit terms or conditions.(3) Modifications that would have a potential to emit within the following ranges: (A) 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.(B) Less than twenty-five (25) tons per year and equal to or greater than ten (10) tons per year of the following pollutants:(i) Sulfur dioxide (SO2).(ii) Nitrogen oxides (NOx).(iii) VOC for modifications that are not described in clause (C).(C) 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.(D) Less than one hundred (100) tons per year and equal to or greater than twenty-five (25) tons per year of carbon monoxide (CO).(E) Less than five (5) tons per year and equal to or greater than two-tenths (0.2) ton per year of lead (Pb).(F) 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:(i) Hydrogen sulfide (H2S).(ii) Total reduced sulfur (TRS).(iii) Reduced sulfur compounds.(4) Modifications for which the potential to emit is limited to less than twenty-five (25) tons per year of any regulated pollutant other than HAPs, ten (10) tons per year of any single HAP as defined under Section 112(b) of the CAA, or twenty-five (25) tons per year of any combination of HAPs by complying with one (1) of the following constraints: (A) Limiting total annual solvent usage or maximum VOC content, or both.(B) Limiting annual hours of operation of the process or business.(C) Using a particulate air pollution control device as follows: (i) Achieving and maintaining ninety-nine percent (99%) efficiency.(ii) Complying with a no visible emission standard.(iii) The potential to emit before air pollution controls does not exceed major source thresholds for federal permitting programs.(iv) Certifying to the commissioner that the air pollution control device supplier guarantees that a specific outlet concentration, in conjunction with design air flow, will result in actual emissions less than twenty-five (25) tons of PM, or fifteen (15) tons per year of PM10, or direct PM2.5.(D) Limiting individual fuel usage and fuel type for a combustion source.(E) Limiting raw material throughput or sulfur content of raw materials, or both.(5) A modification that is not described under subsection (d)(9) or (d)(10) and is subject to a RACT, a NSPS, or a 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*. As part of the application required under subsection (c), the applicant shall acknowledge the requirement to comply with the RACT, NSPS, or NESHAP.(6) A change for which a source requests an emission limit to avoid 326 IAC 8-1-6. (h) Minor permit revision procedures are as follows:(1) Any person proposing to make a modification described in subsection (g) shall: (A) submit an application concerning the modification; 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 modification 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 do one (1) of the following: (A) Approve the minor permit revision request.(B) Deny the minor permit revision request.(C) Determine that the minor permit revision request would: (i) cause or contribute to a violation of the National Ambient Air Quality Standard (NAAQS) or prevention of significant deterioration (PSD) standards;(ii) allow for an increase in emissions greater than the thresholds in subsection (i); or(iii) not provide for compliance monitoring consistent with this rule; and should be processed as a significant permit revision.(4) The permit shall be revised by incorporating the minor permit revision into the permit. The commissioner shall do the following:(A) Make all changes necessary to assure compliance with this title and the CAA prior to attaching the amendment to the permit.(B) Notify the source upon attachment of the minor permit revision to the permit. Notwithstanding IC 13-15-5, the permit revision shall be effective immediately. (i) Significant permit revision procedures are as follows: (1) Significant permit revisions are those changes that are not subject to subsection (d) or (g) and include 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 FESOP under 326 IAC 2-8 or 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).(v) Hydrogen sulfide (H2S).(vi) Total reduced sulfur (TRS).(vii) Reduced sulfur compounds.(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, unless the modification is a result of a change in applicability under subsection (d)(5).(2) The following shall apply to significant permit revisions: (A) Any person proposing to make a modification described in subdivision (1) shall: (i) submit an application concerning the modification; and(ii) include the information under subsection (c).(B) Except as provided in 326 IAC 2-13, the source may not begin construction on any emissions unit that is necessary to implement the modification until the commissioner has revised the permit.(C) The commissioner shall do the following:(i) Provide for public notice and comment in accordance with 326 IAC 2-1.1-6.(ii) Approve or deny the significant permit revision as follows:(AA) 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).(BB) Within two hundred seventy (270) calendar days from receipt of an application for a significant permit revision under subdivision (1)(A). (D) 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. *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.
Air Pollution Control Board; 326 IAC 2-6.1-6; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1017; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3106; filed May 21, 2002, 10:20 a.m.: 25 IR 3062; readopted filed Oct 22, 2004, 10:35 a.m.: 28 IR 797; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; readopted filed Aug 25, 2010, 2:42 p.m.: 20100922-IR-326100394BFA; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA; filed Jun 11, 2012, 3:15 p.m.: 20120711-IR-326110251FRA; readopted filed Jun 6, 2018, 1:56 p.m.: 20180704-IR-326180168BFAErrata filed 9/10/2019, 9:13 a.m.: 20190925-IR-326190462ACA