Section 326 IAC 2-7-6 - Compliance requirementsAuthority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15-5; IC 13-17
Sec. 6.
Each Part 70 permit issued under this rule shall contain the following requirements with respect to compliance:
(1) Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of a Part 70 permit consistent with section 5(3) of this rule. Any document (including reports) required by a Part 70 permit shall contain a certification by a responsible official that meets the requirements of section 4(f) of this rule.(2) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the commissioner, an authorized representative of the commissioner, or the U.S. EPA to perform the following: (A) Enter upon the permittee's premises where:(i) a Part 70 source is located or emissions related activity is conducted; or(ii) records must be kept under the conditions of a Part 70 permit.(B) Have access to and copy any records that must be kept under the conditions of a Part 70 permit.(C) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under a Part 70 permit.(D) As authorized by the CAA, sample or monitor substances or parameters for the purpose of assuring compliance with a Part 70 permit or applicable requirements.(3) A compliance schedule consistent with section 4(c)(10) of this rule.(4) Progress reports consistent with an applicable schedule of compliance and section 4(c)(10) of this rule shall be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the commissioner. The progress reports shall contain the following: (A) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance and dates when the activities, milestones, or compliance were achieved.(B) An explanation of why any dates in the schedule of compliance were not or will not be met and any preventive or corrective measures adopted.(5) Requirements for compliance certification with terms and conditions contained in a Part 70 permit, including emission limitations, standards, or work practices. Part 70 permits shall include each of the following:(A) The frequency (not less than annually or such more frequent periods as specified in the applicable requirements or by the commissioner) of submissions of compliance certifications.(B) In accordance with section 5(3) of this rule, a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices.(C) A requirement that the compliance certification include the following, provided that the identification of applicable information may cross-reference the permit or previous reports, as applicable:(i) The identification of each term or condition of a Part 70 permit that is the basis of the certification.(ii) The identification of the method or other means used by the permittee for determining the compliance status with each term and condition during the certification period. The methods and other means shall include, at a minimum, the methods and means required under section 5(3) of this rule.(iii) The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent, based on the method or means designated in item (ii). The certification shall identify the following:(AA) Each deviation and take it into account in the compliance certification.(BB) As possible exceptions to compliance, any periods during which compliance is required and in which an excursion or exceedance as defined in 40 CFR 64 occurred.(iv) Such other facts as the commissioner may require to determine the compliance status of the source.(D) A requirement that all compliance certifications be submitted to the U.S. EPA as well as to the commissioner.(E) Such additional requirements as may be specified under Sections 114(a)(3) and 504(b) of the CAA.(6) Such other provisions as the commissioner may require.Air Pollution Control Board; 326 IAC 2-7-6; filed May 25, 1994, 11:00 a.m.: 17 IR 2259; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA