Section 326 IAC 2-7-4 - Permit applicationAuthority: 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. 4.
(a) The owner or operator of each Part 70 source has a duty to submit a timely and complete permit application as follows:(1) An application is timely if the following conditions are met: (A) For a first time applicant, a timely application is an application that is submitted within twelve (12) months after the source becomes subject to the Part 70 permit program unless the commissioner establishes otherwise in accordance with clause (C). A source becomes subject to the Part 70 permit program: (i) on December 14, 1995, if the source is in existence and meets an applicability criterion of section 2 of this rule on that date; or(ii) for other sources, on the date on which a source first meets an applicability criterion of section 2 of this rule.(B) Part 70 sources subject to Section 112(g) of the CAA or required to have a Part 70 permit under the preconstruction review program approved into the applicable implementation plan under Part C or Part D of Title I of the CAA shall file a complete application to obtain a Part 70 permit or Part 70 permit revision within twelve (12) months after commencing operation or on or before such earlier date as the commissioner may establish. Where an existing Part 70 permit would prohibit the construction or change in operation, the source must obtain a Part 70 permit revision before commencing operation.(C) The commissioner may establish a schedule for submission of applications by source category or other means in order to fulfill the purposes of the CAA with regard to timely issuance of permits. The schedule shall provide that an application shall be due not more than twelve (12) months after the U.S. EPA approval of the Part 70 program. The department shall provide at least twelve (12) months notice to any source for which an application is due prior to the date established in clause (A).(D) For purposes of a Part 70 permit renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source's existing permit. If the commissioner fails to issue or deny the permit renewal prior to the expiration date of the source's existing permit, the existing permit shall not expire and all terms and conditions shall continue in effect, including any permit shield provided under section 15 of this rule, until the renewal permit has been issued or denied.(2) In order for an application to be deemed complete, it must contain the following information:(A) Substantive information required by each subdivision under subsection (c). Applications for a Part 70 permit revision must supply substantive information required by each subdivision under subsection (c) only as it relates to the proposed change.(B) Certification by a responsible official that the submitted information is consistent with subsection (f).(C) Unless, within sixty (60) days of receipt of an application, the commissioner determines, in accordance with section 8(c) of this rule, that an application is not complete, the application shall be deemed to be complete.(D) If, while processing an application that has been determined or deemed to be complete, the commissioner determines that additional information is necessary to evaluate or take final action on that application, the commissioner may:(i) request the information in writing; and(ii) set a reasonable deadline for a response.(E) The source's ability to operate without a permit, as set forth in section 3 of this rule, shall be in effect from the date the application is determined or deemed to be complete until a final Part 70 permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the commissioner.(3) In the case where a source has submitted confidential information to the commissioner under a claim of confidentiality under 326 IAC 17.1, the commissioner may also require the source to submit a copy of the information directly to the U.S. EPA.(b) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a Part 70 permit application shall, upon becoming aware of the failure or incorrect submittal, promptly submit the supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant filed a complete application but prior to release of a draft Part 70 permit.(c) An application for a Part 70 permit shall be submitted on the application form or forms prescribed by the commissioner, or in other application formats authorized by the commissioner, and shall include the information specified in this subsection. Such information shall be included in the application for all emissions units at a Part 70 source. The forms and attachments shall include the following information to the extent necessary to determine applicable requirements, including the requirement to pay fees, compliance with applicable requirements and this rule, and compliance during the term of the permit: (1) Identifying information, including the following:(A) The company name and address (or the plant name and address if different from the company name).(B) The owner's name and agent.(C) The telephone numbers and names of the plant site manager or site contact.(2) A description of the source's processes and products (by Standard Industrial Classification Code), including any associated with each alternate scenario identified by the source.(3) The following emissions related information:(A) All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A Part 70 permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where the units are exempted under this subsection. The applicant shall provide such additional information related to the emissions of air pollutants as is sufficient to verify which requirements are applicable to the source and other information necessary to collect any Part 70 permit fees owed under the fee schedule approved under section 19 of this rule.(B) An identification and a description of all points of emissions described in clause (A) in sufficient detail to establish the basis for fees and applicability of requirements of the CAA.(C) Emissions rates of all pollutants described in clause (A) in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.(D) The following information to the extent it is needed to determine or regulate emissions: (i) Fuels, including types and characteristics.(ii) Fuel use, including types and quantities combusted.(iv) Production and process rates.(E) Identification and description of air pollution control equipment and compliance monitoring devices or activities.(F) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at a Part 70 source.(G) Other information required by any applicable requirement, including information related to stack height limitations developed under Section 123 of the CAA.(H) Calculations, examples of calculations, or descriptions of calculation methods or basis on which the information in this subsection is based.(4) The following air pollution control requirements:(A) Citation and description of all applicable requirements.(B) A description of or reference to any applicable test method for determining compliance with each applicable requirement.(C) Where an applicant is proposing alternative or streamlined limitations or requirements, or both, the applicant shall provide the required documentation in accordance with 326 IAC 8-1-5 or 326 IAC 10-1-3(3)(A).(5) Other specific information that may be necessary to:(A) implement and enforce other applicable requirements of the CAA or of this rule; or(B) determine the applicability of the requirements.(6) At the option of the applicant, a request that alternative operating scenarios be provided for in its Part 70 permit. Such a request shall include a description of the alternate operating scenarios that are proposed and any additional information determined to be necessary by the commissioner to define appropriate permit terms and conditions for the alternative scenarios under sections 5(9) and 20(d) of this rule.(7) At the option of the applicant, a request that the permit provide terms and conditions allowing for the trading of emissions increases and decreases in the applicant's facility under sections 5(10) and 20(c) of this rule. In addition to such other information as may be requested by the commissioner as necessary to define the permit terms and conditions, the applicant shall include proposed replicable procedures and permit terms that ensure that emission trades conducted under the provisions are quantifiable and enforceable.(8) Confirmation of the following: (A) That the source maintains on-site a preventive maintenance plan as described in 326 IAC 1-6-3.(B) That, upon request, the preventive maintenance plan will be forwarded to the department.(9) A compliance plan for all Part 70 sources that contains all of the following information: (A) A description of the compliance status of the source with respect to all applicable requirements that addresses the following:(i) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.(ii) For applicable requirements that will become effective during the Part 70 permit term, a statement that the source will meet the requirements on a timely basis.(iii) For requirements for which the source is not in compliance at the time of a Part 70 permit issuance, a narrative description of how the source will achieve compliance with the requirements.(B) A compliance schedule as follows:(i) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements.(ii) For applicable requirements that will become effective during the Part 70 permit term, a statement that the source will meet the requirements on a timely basis. A statement that the source will meet, in a timely manner, applicable requirements that become effective during the Part 70 permit term shall satisfy this requirement unless a more detailed schedule is expressly required by the applicable requirement.(iii) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of a Part 70 permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of Part 70 permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.(C) A schedule for submission of certified progress reports not less frequently than every six (6) months for sources required to have a schedule of compliance to remedy a violation.(D) The compliance plan content requirements specified in this section shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the CAA with regard to the schedule and methods the source will use to achieve compliance with the acid rain emissions limitations.(10) Requirements for compliance certification, including the following:(A) A certification of compliance with all applicable requirements by a responsible official consistent with subsection (f) and Section 114(a)(3) of the CAA.(B) A statement of methods used for determining compliance, including a description of monitoring, record keeping, reporting requirements, and test methods.(C) A schedule for submission of compliance certifications during the Part 70 permit term, to be submitted not less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the commissioner.(D) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the CAA.(11) The use of nationally standardized forms for acid rain portions of Part 70 permit applications and compliance plans as required by the acid rain program.(12) Identification of terms, conditions, or requirements under this title that are state enforceable and not enforceable by the U.S. EPA.(d) An applicant may include in a permit application a description of the types of emergency situations that may arise at the source and the response actions the source proposes to take in such emergency situations.(e) The following information need not be included in a permit application submitted under this rule: (1) Information concerning insignificant activities as defined in section 1(21) of this rule. However, an applicant shall include a list of all insignificant activities in the application.(2) Trivial activities as defined in section 1 of this rule.(f) Any application form, report, or compliance certification submitted under this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this section shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.(g) An applicant wishing to obtain a compliance extension for requirements under Section 112(d) of the CAA shall follow the procedures under 40 CFR 63.70 * that address application requirements. The commissioner shall forward any application information provided under 40 CFR 63.70 * to the U.S. EPA for approval upon receipt of the information. *This document is 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 4620Sec. 4.
Air Pollution Control Division; 326 IAC 2-7-4; filed May 25, 1994, 11:00 a.m.: 17 IR 2254; errata filed Jun 10, 1994, 5:00 p.m.: 17 IR 2358; filed May 31, 1996, 4:00 p.m.: 19 IR 2866; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2338; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1032; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3106; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1585; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA; errata filed Jan 2, 2013, 2:19 p.m.: 20130123-IR-326130002ACA