Section 326 IAC 2-7-12 - Permit modificationAuthority: 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. 12.
(a) A Part 70 permit modification is any revision to a Part 70 permit that cannot be accomplished under the program's provisions for administrative permit amendments under section 11 of this rule. A permit modification, for purposes of the acid rain portion of the permit, shall be governed by regulations promulgated under Title IV of the CAA.(b) Minor permit modification procedures shall be as follows:(1) Minor permit modification procedures may be used only for those permit modifications that meet the following requirements:(A) Do not violate any applicable requirement.(B) Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in the Part 70 permit.(C) Do not require or change a:(i) case-by-case determination of an emission limitation or other standard;(ii) source specific determination for temporary sources of ambient impacts; or (iii) visibility or increment analysis.(D) Do not seek to establish or change a Part 70 permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include the following: (i) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the CAA.(ii) An alternative emissions limit approved under regulations promulgated under Section 112(i)(5) of the CAA.(E) Are not modifications under any provision of Title I of the CAA.(F) Are not required by the Part 70 program to be processed as a significant modification.(2) Notwithstanding subdivision (1) and subsection (c)(1), minor Part 70 permit modification procedures may be used for Part 70 permit modifications involving the use of economic incentives, marketable Part 70 permits, emissions trading, and other similar approaches to the extent that the minor Part 70 permit modification procedures are explicitly provided for in the applicable implementation plan (SIP) or in applicable requirements promulgated or approved by the U.S. EPA.(3) An application requesting the use of minor Part 70 permit modification procedures shall meet the requirements of section 4(c) of this rule and shall include the following: (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs.(B) The source's suggested draft Part 70 permit reflecting the requested change.(C) Certification by a responsible official, consistent with section 4(f) of this rule, that the proposed modification meets the criteria for use of minor Part 70 permit modification procedures and a request that the procedures be used.(D) Completed forms for the commissioner to use to notify the U.S. EPA and affected states.(4) The public notice provisions of section 17 of this rule shall apply to minor modifications.(5) Within five (5) working days of receipt of a complete Part 70 permit modification application, the commissioner shall notify the U.S. EPA and affected states of the requested Part 70 permit modification. The commissioner promptly shall send any notice required to the U.S. EPA.(6) The commissioner may not issue a final Part 70 permit modification until after the U.S. EPA's forty-five (45) day review period or until the U.S. EPA has notified the commissioner that the U.S. EPA will not object to issuance of the Part 70 permit modification, whichever is first, although the commissioner may approve the Part 70 permit modification prior to that time. Within ninety (90) days of the commissioner's receipt of an application under the minor Part 70 permit modification procedures or fifteen (15) days after the end of the U.S. EPA's forty-five (45) day review period, whichever is later, the commissioner shall do any of the following:(A) Issue the Part 70 permit modification as proposed.(B) Deny the Part 70 permit modification application.(C) Determine that the requested modification:(i) does not meet the minor Part 70 permit modification criteria; and(ii) should be reviewed under the significant modification procedures.(D) Revise the draft Part 70 permit modification and transmit to the U.S. EPA the new proposed Part 70 permit modification as required by section 18(b) of this rule.(7) The source may make the change proposed in its minor Part 70 permit modification application immediately after it files the application. After the source makes the change allowed by this subdivision, and until the commissioner takes any of the actions specified in subdivision (6)(A) through (6)(C), the source must comply with both the applicable requirements governing the change and the proposed Part 70 permit terms and conditions. During this time period, the source need not comply with the existing Part 70 permit terms and conditions it seeks to modify. If the source fails to comply with its proposed Part 70 permit terms and conditions during this time period, the existing Part 70 permit terms and conditions it seeks to modify may be enforced against it.(8) The Part 70 permit shield under section 15 of this rule is not applicable to minor Part 70 permit modifications until after the commissioner has issued the modification. The modification approval shall be effective upon issuance.(c) Consistent with the following, the commissioner may modify the procedure outlined in subsection (b) to process groups of a source's applications for modifications eligible for minor Part 70 permit modification processing:(1) Group processing of modifications may be used only for those Part 70 permit modifications that meet the following requirements: (A) The modifications meet the criteria for minor Part 70 permit modification procedures under subsection (b).(B) The modifications are exempt from preconstruction or permit revision approval under 326 IAC 2-1.1-3.(2) An application requesting the use of group processing procedures shall meet the requirements of section 4(c) of this rule and shall include the following: (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs.(B) The source's suggested draft Part 70 permit that reflects the requested change.(C) Certification by a responsible official, consistent with section 4(f) of this rule, that the proposed modification meets the criteria for use of group processing procedures and a request that the procedures be used.(D) A list of the source's other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under subdivision (1)(B).(E) Certification, consistent with section 4(f) of this rule, that the source has notified the U.S. EPA of the proposed modification. The notification need only contain a brief description of the requested modification.(F) Completed forms for the commissioner to use to notify the U.S. EPA and affected states as required under section 18 of this rule.(3) The notice provisions of section 17 of this rule shall apply to modifications eligible for group processing.(4) On a quarterly basis or within five (5) business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level set under subdivision (1)(B), whichever is earlier, the commissioner promptly shall notify the U.S. EPA, under section 18(a) of this rule, and affected states, under section 17(c)(3) of this rule, of the requested Part 70 permit modifications. The commissioner shall send any notice required under section 18(b) of this rule to the U.S. EPA.(5) The provisions of subsection (b)(6) shall apply to modifications eligible for group processing, except that the commissioner shall take one (1) of the actions specified in subsection (b)(6) within one hundred eighty (180) days of receipt of the application or fifteen (15) days after the end of the U.S. EPA's forty-five (45) day review period, whichever is later.(6) The provisions of subsection (b)(7) shall apply to modifications eligible for group processing.(7) The Part 70 permit shield under section 15 of this rule is not applicable to modifications eligible for group processing until after the commissioner has issued the modifications. The modification approval shall be effective upon issuance.(d) Significant modification procedures shall be as follows: (1) Significant modification procedures shall be used for applications requesting Part 70 permit modifications that do not qualify as minor permit modifications or as administrative amendments. Every significant change in existing monitoring Part 70 permit terms or conditions and every relaxation of reporting or record keeping permit terms or conditions shall be considered significant. The:(E) revision; of PAL provisions in accordance with 326 IAC 2-2.4 or 326 IAC 2-3.4 shall be considered significant. Nothing in this subdivision shall be construed to preclude the permittee from making changes consistent with this rule that would render existing Part 70 permit compliance terms and conditions irrelevant.
(2) Significant Part 70 permit modifications shall meet all requirements of this rule, including those for application, public participation, review by affected states, and review by the U.S. EPA, and availability of the permit shield as they apply to Part 70 permit issuance and Part 70 permit renewal. The commissioner shall complete review of the majority of significant Part 70 permit modifications within nine (9) months after receipt of a complete application.Air Pollution Control Board; 326 IAC 2-7-12; filed May 25, 1994, 11:00 a.m.: 17 IR 2262; errata filed Jun 10, 1994, 5:00 p.m.: 17 IR 2358; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2345; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1044; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3107; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1591; filed Aug 10, 2004, 3:35 p.m.: 27 IR 3952; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA