Section 326 IAC 2-1.1-2 - ApplicabilityAuthority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) This rule applies to the issuance of a registration, permit, modification approval, or operating permit revision required under this article and the sources or emissions unit or units required to obtain a registration, permit, modification approval, or operating permit revision under this article, except where rules in this article establish more specific requirements. No person shall construct, operate, or modify a source or emissions unit required to obtain a registration, permit, modification approval, or operating permit revision prior to issuance of a registration, permit, modification approval, or operating permit revision, except as provided in this article.(b) Specific registration, permitting, modification approval, and operating permit revision requirements are located in the following provisions of this article: (1) Construction of major sources and major modifications in attainment areas under 326 IAC 2-Sec. 2.(2) Construction of major sources and major modifications in nonattainment areas under 326 IAC 2-3.(3) Construction or reconstruction of major sources of hazardous air pollutants under 326 IAC 2-4.1.(4) Construction of new sources under 326 IAC 2-5.1.(5) Operation and modification of minor sources pursuant to registrations under 326 IAC 2-5.5.(6) Operation and modification of minor sources pursuant to state operating permits under 326 IAC 2-6.1.(7) Operation and modification of major sources pursuant to Part 70 permits under 326 IAC 2-7.(8) Operation and modification of minor sources pursuant to federally enforceable state operating permits (FESOPs) under 326 IAC 2-8.(9) Operation and modification of minor sources pursuant to source specific operating agreements (SSOAs) under 326 IAC 2-9.(10) Operation and modification of sources pursuant to permits-by-rule under 326 IAC 2-10 or 326 IAC 2-11.(11) Operation and modification of sources pursuant to general permits under 326 IAC 2-1Sec. 2.(12) Modification of sources pursuant to interim permit revision procedures under 326 IAC 2-13.(13) Operation and modification of portable sources under 326 IAC 2-14.(c) The commissioner may require the owner or operator of a source or emissions unit (excluding single-family dwellings) that has the potential to emit any air pollutant to complete a permit application. If after review of a permit application, the commissioner determines that the source or emissions unit is subject to the registration, permit, modification approval, or permit revision provisions under this article and is required to receive such registration, permit, modification approval, or permit revision, the commissioner may require the owner or operator of the source or emissions unit to obtain a construction or operating permit, modification approval, or permit revision prior to constructing, operating, or modifying the source or emissions unit.(d) The requirement for a registration, permit, modification approval, or permit revision shall be based on the following:(1) Unless specifically listed as a source type required to obtain a registration or permit under 326 IAC 2-5.1, the requirement to obtain a registration or permit for construction of a new source shall be based on whether the potential to emit any regulated pollutant from all emissions units at the source exceeds the applicability thresholds in 326 IAC 2-5.1.(2) Unless specifically listed as a source type required to have an operating permit under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8, the requirement to obtain an operating permit shall be based on whether the potential to emit any regulated pollutant from all emissions units at the source exceeds the applicability thresholds for operating permits within this article.(3) Unless specifically listed as a type of modification required to obtain an operating permit revision or modification approval under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8, the requirement to obtain an operating permit revision shall be based on whether the sum of the potential to emit any regulated pollutant from new emission units and the increase of the potential to emit any regulated pollutant from modified existing emission units at the source exceeds the applicability thresholds for operating permit revisions within this article.(e) Any exemption granted under this rule shall apply only to the requirement to have prior approval before construction, operation, or modification of a source or emissions unit. An exemption under this rule does not exempt a source from any other requirements applicable to the source under this title. Air Pollution Control Board; 326 IAC 2-1.1-2; filed Nov 25, 1998, 12:13 p.m.: 22 IR 981; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3105; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA