Section 326 IAC 6-6-5 - ArcelorMittal Burns Harbor LLC fugitive particulate matter emission control planAuthority: IC 13-14-8; IC 13-17
Affected: IC 4-21.5; IC 13-11-2-205; IC 13-15
Sec. 5.
(a) ArcelorMittal Burns Harbor LLC shall submit a fugitive particulate matter emission control plan for the Burns Harbor Plant (Plant ID 127-00001) located at U.S. Highway 12 meeting the requirements of this section to the department within three (3) months after the effective date of this rule, notwithstanding section 3 of this rule. The plan shall be in accordance with and subject to the following requirements:(2) Emission factors and control efficiencies in 326 IAC 6-5-1(d)(1) through 326 IAC 6-5-1(d)(3).(3) ArcelorMittal Burns Harbor LLC may petition the commissioner to use emission factors and control efficiencies other than those referenced in subdivision (2) if adequate support documentation is submitted demonstrating that the submitted emission factors and control efficiencies provide equivalent protection for human health and the environment.(b) The following definitions apply throughout this section: (1) "As needed basis" means the frequency of application necessary to minimize visible particulate matter emissions as defined in the control plan.(2) "Fugitive particulate matter emissions" means particulate matter that is emitted from any source by means other than through a stack.(3) "Open aggregate pile" means the unenclosed storage of coal, which is finer than two hundred (200) mesh size equal to or greater than one percent (1%) by weight. Open aggregate material mesh size shall be determined by the "American Association of State Highway and Transportation Officials Test Method T27-74"*, or other procedures equivalent in reliability as approved by the commissioner.(4) "Paved road" means any asphalt or concrete surfaced thoroughfare or right-of-way: (A) designed or used for vehicular traffic; and(B) located on the property of, or owned by, ArcelorMittal Burns Harbor LLC.(5) "Potential emissions" means fugitive particulate matter emissions calculated after the application of air pollution control:(6) "RACM" means reasonably available control measure.(7) "Unpaved roads" means any surfaced thoroughfare or right-of-way, other than a paved road as defined in subdivision (4), that is:(A) designed or used for vehicular traffic; and(B) located on the property of, or owned by, ArcelorMittal Burns Harbor LLC.(c) The contents and record keeping requirements for the fugitive particulate matter emissions control plan are as follows:(1) The control plan shall be in writing and include, at a minimum, the following information:(A) The name and address of the owner or operator responsible for the implementation of the control plan.(B) Identification of all: (i) open aggregate pile areas;(iii) unpaved roads; that have the potential to emit fugitive particulate matter emissions in accordance with subsection (d).
(C) A map of the ArcelorMittal Burns Harbor LLC property showing the following:(i) Open aggregate pile areas. (ii) Access areas around the open aggregate piles.(D) The quantity and types of vehicular activity occurring on the following:(E) Quantity of open aggregate piles that have the potential to emit fugitive particulate matter emissions.(F) The equipment used to maintain open aggregate piles.(G) A description of the control measures to be implemented to control fugitive particulate matter emissions resulting from potential emission points identified in clause (B).(H) A specification of the dust suppressant material that will be used, such as oil or chemical, including the estimated frequency and rates of application, rates, and concentrations of the dust suppressant.(I) A specification of the particulate matter collection equipment that will be used as a fugitive particulate matter emission control measure.(J) A schedule of compliance with the provisions of the control plan. The schedule shall specify the amount of time the source requires to:(i) award any necessary contracts; and(ii) commence and complete construction, installation, or modification of the fugitive particulate matter emission control measures.(K) Other relevant data that may be requested by the commissioner to evaluate the effectiveness of the control plan.(2) Records that document all control measures and activities to be implemented in accordance with the approved control plan shall be:(A) kept and maintained at ArcelorMittal Burns Harbor LLC;(B) retained for at least five (5) years; and(C) made available upon the request of the commissioner.(d) All control measures specified in this subsection shall be considered RACM. The frequency of application for all control measures shall be detailed in the control plan. No control plan shall contain control measures that violate the applicable provisions of state statutes or rules. Fugitive particulate matter emissions from the emission points specified in this section shall be controlled as follows: (1) Paved roads and unpaved roads as follows: (A) Paved roads by the use of one (1) or more of the following measures:(i) Cleaning by vacuum sweeping.(iii) An alternate RACM that is equivalent in effectiveness to either item (i) or (ii).(B) Unpaved roads by the use of one (1) or more of the following measures:(i) Paving with a material such as asphalt or concrete.(ii) Treating with a suitable and effective commercially available petroleum based dust suppressant or water based dust suppressant. The frequency of application shall be on an as needed basis.(iii) Spraying with water. The frequency of application shall be on an as needed basis.(iv) Double chip and seal the road surface and maintain on an as needed basis.(v) An alternate RACM that is equivalent in effectiveness to one (1) or more of the above measures.(2) Open aggregate piles by the use of one (1) or more of the following measures: (A) Cleaning the area around the perimeter of the aggregate piles.(B) Applying a suitable and effective oil or other dust suppressant on an as needed basis.(C) An alternate RACM that is equivalent in effectiveness to one (1) or more of the above measures.(e) The approval of the control plan shall be in accordance with the following: (1) Within three (3) months of receiving a control plan, the commissioner shall notify ArcelorMittal Burns Harbor LLC of: (A) the approval of the control plan;(B) modifications that the commissioner deems necessary to the control plan; or(C) disapproval of the control plan.(2) If the commissioner finds a control plan to be incomplete, ArcelorMittal Burns Harbor LLC shall provide the commissioner with the required additional information.(3) In determining if an alternate control measure represents a RACM as specified in this section, ArcelorMittal Burns Harbor LLC shall submit and the commissioner shall consider information pertaining to factors, including, but not limited to, the following:(A) The impact on the environment in terms of any increase in water, air, or solid waste pollution emissions.(B) The energy requirements of the selected control measure.(C) The:(ii) impact on production; and(iii) operating costs; to implement the selected control measure.(D) The impact of these costs.(4) If a control plan is disapproved by the commissioner, ArcelorMittal Burns Harbor LLC shall have up to thirty (30) days from the date of receipt of the disapproval letter to request, in writing, a hearing on the matter. In the event a hearing is requested:(A) it shall be held in accordance with the requirements set forth in IC 4-21.5; and(B) the burden of proof shall lie with ArcelorMittal Burns Harbor LLC to demonstrate why the control plan is appropriate.(5) The control plan approved by the commissioner shall become part of ArcelorMittal Burns Harbor LLC's operating permit.(6) Changes may be made to the control plan without reopening the operating permit by submitting a revised control plan to the commissioner for approval in accordance with this subsection.(f) The control plan shall be updated at the time of reapplication for the source's operating permit or as required in 326 IAC 2. *These documents are incorporated by reference. The documents 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 6-6-5; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2510; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 29, 2009, 3:00 p.m.: 20091028-IR-326070088FRA