Section 326 IAC 5-1-5 - ViolationsAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-3-12
Affected: IC 13-11; IC 13-17
Sec. 5.
(a) Except as provided in section 4(b) of this rule, a violation of this rule shall constitute prima facie evidence of a violation of the applicable mass emission limitation. A violation of the mass emission rule may be refuted by a performance test conducted in accordance with 326 IAC 3-6. The test shall refute the mass emission violation only if the source is shown to be in compliance with the allowable mass emission limit. An exceedance of the allowable opacity emission limit during a performance test shall not be treated as a violation of the applicable mass emission limitation if, during the test described in 326 IAC 3-6, the source demonstrates compliance with the allowable mass emission limit while simultaneously having opacity more than or equal to the reading at which the exceedance was originally observed.(b) If a source or facility believes it can operate in compliance with the applicable mass emission limitation, but exceeds the limits specified in section 2 of this rule, the owner or operator may submit a written petition to the commissioner requesting that an alternate opacity limitation (AOL) be established, as follows: (1) The petition must be submitted to the commissioner, and a copy submitted to the local air pollution control agency, if applicable, not later than sixty (60) days prior to the scheduled performance test date. The petition must contain, contain, at a minimum, the following information:(A) Source name and address.(B) Address of affected source if different from clause (A).(C) List of potentially affected parties.(D) Identification of control device or devices and typical operating parameters.(E) Applicable particulate matter (PM, PM10, or PM2.5) and opacity limits.(F) Other applicable rule requirements or permit conditions.(G) Proposed alternative opacity limit.(H) The reason or reasons for requesting the alternative opacity limit.(I) Complete test protocol in accordance with 326 IAC 3-6.(2) The alternative opacity limit shall be based upon a series of three (3) complete mass emission tests (nine (9) sample runs) conducted according to the procedures specified in 326 IAC 3 and three (3) opacity tests conducted simultaneously, according to section 4 of this rule. Where the commissioner determines there is no acceptable test method available, a request for an alternative opacity limit shall be denied.(3) The performance tests must be witnessed by the commissioner, U.S. EPA, the local air pollution control agency, or their authorized representatives unless other arrangements are made in advance of the start of the testing that will allow the testing to proceed without agency staff present to observe the tests.(4) The owner or operator must demonstrate that the following conditions were met during the performance test: (A) The source or emissions unit was operated according to its permitted conditions and under normal or representative operating conditions.(B) The associated air pollution control system was installed and was being operated as specified in any applicable permit condition or conditions.(C) The air pollution control equipment was: (i) properly maintained and in good operating condition; and (ii) operated according to the manufacturer's recommended operating conditions to minimize emissions and opacity.(D) The affected emissions unit and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity limit, except during: (i) periods when the control equipment is not operating properly; or(ii) other exempt periods under section 3 of this rule.(E) Each test was conducted under reasonably similar operating conditions.(F) Any other conditions as required by the commissioner or the U.S. EPA.(5) The commissioner may require one (1) or more of the following:(A) The installation of a continuous opacity monitoring system that meets the requirements of 326 IAC 3.(B) Monitoring sufficient to demonstrate compliance with the alternative opacity limit.(C) Regular reporting to verify compliance with the alternative opacity limit.(6) The alternative opacity limit shall only apply to the emissions unit for which the alternative opacity limit was originally established and shall not be extended to any other unit or units.(7) For multiple units or processes with a common stack, all units must be in operation during the entire test series unless operational limitations are specified in the operation permit or simultaneous operation does not conform with the source's operating procedures.(8) The alternative opacity limit shall be determined based on the results of the performance tests.(9) The particulate matter test results for each sample run must demonstrate compliance with all applicable particulate matter limits or standards. If noncompliance is demonstrated during any sample run, the test series is not valid for an alternative opacity limit determination.(10) The alternative opacity limit established for a source shall be incorporated by amendment into the source's operating permit and submitted to the U.S. EPA in accordance with section 7 of this rule.(11) If the alternative opacity limit exceeds an applicable new source performance standard (NSPS) opacity limit, the provisions in 40 CFR 60.11 * must be satisfied in addition to the procedures in this rule. The procedures shall be approved by the U.S. EPA, the commissioner, and the local air pollution control agency as appropriate.(c) Nothing in this rule shall be construed as allowing an exception or exemption from a requirement in a state or federal new source performance standard without approval by the U.S. EPA. *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 46204.
Air Pollution Control Board; 326 IAC 5-1-5; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2423; filed May 12, 1993, 11:30 a.m.: 16 IR 2366; filed Oct 9, 1998, 3:56 p.m.: 22 IR 431; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1567; filed Aug 26, 2004, 11:30 a.m.: 28 IR 41; filed Jun 11, 2012, 3:15 p.m.: 20120711-IR-326110251FRA