Section 326 IAC 2-7-2 - ApplicabilityAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) The following sources are required to have a Part 70 permit: (1) Any major source as defined in section 1(22) of this rule.(2) Any source, including an area source, subject to a standard, a limitation, or other requirement under Section 111 of the CAA.(3) Any source, including an area source, subject to a standard or other requirement under Section 112 of the CAA, or required to have a Part 70 permit under 326 IAC 20, except that a source is not required to obtain a Part 70 permit solely because it is subject to regulations or requirements under Section 112(r) of the CAA.(4) Any affected source as defined in section 1(3) of this rule.(5) Any source in a source category designated by the U.S. EPA under 40 CFR 70.3 *.(b) The following source categories are exempt from the requirement to have a Part 70 permit: (1) All sources listed in subsection (a) that are not major sources unless such sources are affected sources or solid waste incineration units required to obtain a Part 70 permit under Section 129(e) of the CAA and except as provided in 326 IAC 20.(2) Nonmajor sources subject to a standard or other requirement under either Section 111 or 112 of the CAA that are determined by the U.S. EPA to be exempt at the time a new standard is promulgated.(3) All sources and source categories that would be required to obtain a Part 70 permit solely because they are subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters*.(4) All sources and source categories that would be required to obtain a Part 70 permit solely because they are subject to 40 CFR 61, Subpart M, National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation*.(5) A major source that has become nonmajor through the issuance of a federally enforceable state operating permit under 326 IAC 2-8.(6) A source for which the commissioner has issued an operating agreement under 326 IAC 2-9.(7) A source that is not subject to this rule because it meets the requirements of 326 IAC 2-10 or 326 IAC 2-11.(c) Any source listed in subsection (b) as exempt from the requirement to obtain a Part 70 permit may opt to apply for a Part 70 permit under this rule.(d) Emissions units and Part 70 sources are subject to the following requirements:(1) For major sources, the commissioner shall include in a Part 70 permit all applicable requirements for all relevant emissions units in the major source.(2) For any nonmajor source subject to the Part 70 program under this section, the commissioner shall include in a Part 70 permit all applicable requirements applicable to emissions units that cause the source to be subject to the Part 70 program.(e) Fugitive emissions from a Part 70 source shall be included in a Part 70 permit application and a Part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source. (f) A Part 70 source shall be exempt from the requirement to have an operating permit under 326 IAC 2-6.1 upon the date that an original Part 70 permit issued to the source under this rule becomes effective.(g) A Part 70 source that has received a permit under 326 IAC 2-5.1 and receives approval to operate under 326 IAC 2-5.1-4(a)(3) by the date a Part 70 permit application would be required for the source is exempt from the requirement to obtain a Part 70 permit under this rule. *These documents are 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 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 2-7-2; filed May 25, 1994, 11:00 a.m.: 17 IR 2253; filed Sep 5, 1996, 11:00 a.m.: 20 IR 9; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2337; errata filed May 9, 1997, 11:30 a.m.: 20 IR 2414; filed May 7, 1997, 4:00 p.m.: 20 IR 2302; errata filed May 9, 1997, 11:30 a.m.: 20 IR 2413; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1031; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3106; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1584