Section 326 IAC 2-7-5 - Permit contentAuthority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-16-2-1; IC 13-17
Sec. 5.
The following shall be included in each Part 70 permit issued under this rule:
(1) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements and any additional requirement that is enforceable by the state at the time of a Part 70 permit issuance. The Part 70 permit shall include the following: (A) The Part 70 permit shall: (i) specify and reference the origin of and authority for each term or condition; and(ii) identify any difference in form as compared to the applicable requirement upon which the term or condition is based.(B) Copies of relevant portions of the Part 70 permit application may be incorporated as attachments or exhibits only when referenced by specific permit conditions.(C) Where an applicable requirement of the CAA is more stringent than an applicable requirement of regulations promulgated under Title IV of the CAA, both provisions shall be: (i) incorporated into the Part 70 permit; and(ii) described in the permit as enforceable by the commissioner and the U.S. EPA.(D) If an applicable implementation plan allows a determination of an alternative emission limit for a Part 70 source, equivalent to that contained in the plan, to be made in the permit issuance, renewal, or significant modification process, and the commissioner elects to use the process, any Part 70 permit containing an alternative emission limit based on such an equivalency determination shall contain provisions to ensure that the emission limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.(E) The Part 70 permit shall specify for each term or condition, including terms and conditions set forth in this title, contained therein whether the term or condition is federally enforceable or state enforceable.(F) The Part 70 permit shall specify the permit conditions for which the emergency provision of section 16 of this rule is available. The permit may specify emergency situations identified by the source in its application and response actions that, if taken by the source during the emergency, shall constitute reasonable steps to minimize emissions and correct the emergency.(2) A fixed permit term of five (5) years in the case of affected sources, and a term not to exceed five (5) years in the case of all other sources.(3) Monitoring and related record keeping and reporting requirements, which assure that all reasonable information is provided to evaluate continuous compliance with the applicable requirements. At a minimum, the following shall be contained in each Part 70 permit:(A) With respect to monitoring, each Part 70 permit shall contain the following: (i) All monitoring and analysis procedures or test methods required under the applicable requirements, including 40 CFR 64 and any other procedures and methods promulgated under Section 504(b) or 114(a)(3) of the CAA.(ii) Where an applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of record keeping designed to serve as monitoring), such periodic monitoring specifications sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the Part 70 permit as reported under clause (C). Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Record keeping provisions may be sufficient to meet the requirements of this item.(iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.(B) With respect to record keeping, the Part 70 permit shall incorporate all applicable record keeping requirements, including, where applicable, the following: (i) Records of required monitoring information that include the following:(AA) The date, place, as defined in a Part 70 permit, and time of sampling or measurements.(BB) The dates analyses were performed.(CC) The company or entity that performed the analyses.(DD) The analytical techniques or methods used.(EE) The results of the analyses.(FF) The operating conditions as existing at the time of sampling or measurement.(ii) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report, or application. Support information includes the following: (AA) All calibration and maintenance records.(BB) All original strip chart recordings for continuous monitoring instrumentation.(CC) Copies of all reports required by the Part 70 permit.(DD) For the purposes of complying with this subdivision, the permittee shall: (aa) retain the records on-site for three (3) years; and(bb) make them available upon request for the two (2) years following.(C) With respect to reporting, a Part 70 permit shall incorporate all applicable reporting requirements and require the following:(i) Submittal of reports of any required monitoring at least every six (6) months. All instances of deviations from Part 70 permit requirements must be clearly identified in the reports. All required reports must be certified by a responsible official consistent with section 4(f) of this rule.(ii) The reporting of deviations from Part 70 permit requirements, including those attributable to upset conditions as defined in a Part 70 permit, the probable cause of the deviations, and any corrective actions or preventive measures taken. Proper notice submittal under section 16 of this rule satisfies the reporting requirements of this item. Notwithstanding requirements in this section, the reporting of deviations required by an applicable requirement shall follow the schedule stated in the applicable requirement.(iii) Submittal of an annual emission statement that meets the requirements of 326 IAC 2-6, or other equivalent information.(4) A Part 70 permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the CAA subject to the following limitations: (A) No Part 70 permit revision shall be required for increases in emissions that are authorized by allowances acquired under the Title IV acid rain program, provided that the increases do not require a Part 70 permit revision under any other applicable requirement.(B) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.(C) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the CAA.(5) A severability clause to ensure the continued validity of the various Part 70 permit requirements in the event that a portion of the Part 70 permit is determined to be invalid.(6) Provisions stating the following: (A) The permittee must comply with all conditions of the Part 70 permit. Any Part 70 permit noncompliance constitutes a violation of the CAA and is grounds for:(ii) Part 70 permit termination, revocation and reissuance, or modification; or(iii) denial of a Part 70 permit renewal application.(B) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of a Part 70 permit.(C) The Part 70 permit may be modified, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a Part 70 permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any Part 70 permit condition.(D) The Part 70 permit does not convey any property rights of any sort or any exclusive privilege.(E) The permittee shall furnish to the commissioner, within a reasonable time, any information that the commissioner may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the Part 70 permit or to determine compliance with the Part 70 permit. Upon request, the permittee shall also furnish to the commissioner copies of records required to be kept by a Part 70 permit or, for information claimed to be confidential, the permittee may furnish the records directly to the U.S. EPA along with a claim of confidentiality.(7) A provision to ensure that a Part 70 source pays fees to the commissioner consistent with the fee schedule approved under section 19 of this rule, or in accordance with a fee schedule established under IC 13-16-2-1. A fee schedule established under IC 13-16-2-1 shall include the determination that: (A) a single payment of the entire fee is an undue hardship on the person; and(B) the department is not required to assess installments separately.(8) A provision stating that no Part 70 permit revision shall be required under any approved economic incentives, marketable Part 70 permits, emissions trading, and other similar programs or processes for changes that are provided for in a Part 70 permit.(9) Terms and conditions that allow for changes by the permitted source among reasonably anticipated operating scenarios that are identified by the source in its application as approved by the commissioner. The terms and conditions shall: (A) require the source, contemporaneously with making a change from one (1) operating scenario to another, to make a record in a log at the permitted facility of the scenario under which it is operating;(B) require the source to comply with all applicable requirements and the requirements of this rule for each such alternative operating scenario; and(C) include a summary of the records required under clause (A) to be included in the annual compliance certification submitted under section 6(5) of this rule.(10) Terms and conditions, if a Part 70 permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading the increases and decreases without a case-by-case approval of each emissions trade. The terms and conditions shall: (A) include all terms required under subdivision (3) and section 6 of this rule to determine compliance; and(B) require the permittee to meet all applicable requirements and requirements of this rule.(11) Each Part 70 permit for a source at which a regulated substance is present in more than a threshold quantity and that is subject to 40 CFR 68 * shall: (A) identify 40 CFR 68 * as an applicable requirement;(B) include conditions that require the source owner or operator to submit: (i) a compliance schedule for meeting the requirements of 40 CFR 68 * by the date provided in 40 CFR 68.10(a) *; or(ii) as a part of the compliance certification submitted under section 6(5) of this rule, a certification statement that the source is in compliance with all requirements of 40 CFR 68 *, including the registration and submission of a risk management plan (RMP); and(C) require the source to verify to the commissioner that an RMP or a revised plan was prepared and submitted as required by 40 CFR 68 *.(12) A provision that requires the source to do all of the following:(A) Maintain on-site the preventive maintenance plan required under section 4(c)(8) of this rule.(B) Implement the preventive maintenance plan.(C) Forward to the department upon request the preventive maintenance plan.(13) Except as otherwise provided in section 15 or 20 of this rule, a provision providing the Part 70 permit shield described in section 15 of this rule.(14) Descriptive information.(15) Terms and conditions, if requested by the permit applicant, that, notwithstanding the modification approval requirements under section 10.5 of this rule or the permit modification or revision requirements under section 12 of this rule, allow the source to make specifically identified Part 70 permit modifications without review, provided the Part 70 operating permit includes terms and conditions that prescribe emissions limitations and standards applicable to specifically identified modifications or types of modifications that may occur during the term of the permit. The permit conditions shall include the following: (A) Emission limitations and standards necessary to assure compliance with the permit terms and conditions and all applicable requirements.(B) Monitoring, testing, reporting, and record keeping requirements that are necessary to assure all reasonable information is provided to evaluate continuous compliance with the permit terms and conditions, the underlying requirements of this title, and the CAA. *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 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 Division; 326 IAC 2-7-5; filed May 25, 1994, 11:00 a.m.: 17 IR 2257; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2341; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1035; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3106; filed Dec 20, 2001, 4:30 p.m.: 25 IR 1588; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA; errata filed Jan 2, 2013, 2:19 p.m.: 20130123-IR-326130002ACA