Section 326 IAC 2-7-24 - Establishment of streamlined requirements for units subject to multiple requirementsAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 24.
(a) A source owner subject to this rule may request to comply with streamlined requirements for any unit subject to multiple requirements for a specific pollutant, provided the streamlined requirements are established under the Part 70 permit issuance, renewal, or significant permit modification process under this rule.(b) A source proposing the streamlining of multiple requirements shall use the following procedures: (1) The applicant shall submit a proposal for the streamlining of multiple requirements with the permit application required under section 4 of this rule or any amendment thereof. The proposal for streamlining of multiple requirements may be submitted up to thirty (30) days after issuance of the draft permit.(2) The applicant shall provide a side-by-side comparison of all requirements included in a streamlining proposal that are currently applicable and effective for each specific regulated air pollutant and emissions unit for which streamlining is being proposed. The applicant shall distinguish between requirements that are emissions standards or work practice standards, or both, and monitoring and compliance demonstration provisions in the streamlining proposal. The applicant shall provide any information the department determines is needed to evaluate the proposal.(3) The applicant shall develop and provide a compliance schedule with the streamlining proposal to implement any new monitoring requirements or compliance requirements, or both, relevant to the streamlined limit, if the source is unable to comply with the streamlined limit upon permit issuance. The record keeping, monitoring, and reporting requirements of the applicable requirements being subsumed shall remain in effect, as well as any emission limits associated with those requirements, until the new monitoring requirements or compliance requirements, or both, become effective.(c) In the event the department determines the proposal to be inadequate, the applicant shall be notified and given a reasonable deadline to respond.(d) The commissioner shall include citations to all subsumed requirements in the Part 70 permit's specification of the origin and authority of permit conditions and shall specify all subsumed requirements under the permit shield. In addition, the Part 70 permit shall include any additional terms and conditions necessary to assure compliance with the streamlined requirement and all subsumed requirements. In all instances, the proposed permit terms and conditions shall be enforceable as a practical matter.(e) The commissioner may deny a request for streamlining of multiple requirements for any of the following reasons: (1) The streamlined requirements are not as stringent as the requirements to be subsumed.(2) The streamlined requirements will not adequately assure compliance with all applicable requirements.(3) U.S. EPA objects to the use of the streamlined requirements.(4) Any other reason related to the stringency of the streamlined requirements or compliance with the CAA.(f) In carrying out the public participation and notice to affected states requirements under section 17 of this rule, the commissioner shall do the following:(1) Note the use of streamlined requirements or limits, or both, in any required transmittal of a Part 70 application, Part 70 modification application, application summary, or revised application to U.S. EPA and an affected state. (2) Include the demonstration used to establish streamlined requirements and supporting documentation in the public record.(3) Reissue a draft permit in any case where a request for streamlining of multiple requirements is submitted to the department after issuance of the draft permit.(g) A streamlined requirement is approved for the source by the U.S. EPA if it is incorporated in an issued Part 70 permit to which the U.S. EPA has not objected. Public comments concerning a Part 70 permit that includes a streamlined requirement shall be transmitted to the U.S. EPA no later than five (5) working days after the end of the public comment period. The commissioner's determination of approval is not binding on the U.S. EPA.(h) If the commissioner or the U.S. EPA determines that the Part 70 permit does not assure compliance with applicable requirements, the commissioner shall reopen and revise the permit.(i) The source shall comply with all applicable requirements to be subsumed by the proposed streamlined requirement until the Part 70 permit has been issued with the streamlined requirements.(j) A source violating a streamlined limitation or requirement in a Part 70 permit may be subject to an enforcement action for violation of one (1) or more of the subsumed requirements.(k) Noncompliance with any provision in a permit established pursuant to this section constitutes a violation of this rule. Air Pollution Control Board; 326 IAC 2-7-24; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2352; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1048; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1595