326 IAC 2-3-2 - Applicability
Authority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 2.
(a) This rule
applies to new major stationary sources or major modifications constructed in
an area designated, as of the date of submittal of a complete application, as
nonattainment in
326 IAC 1-4, for a pollutant for
which the stationary source or modification is major.
(b) This rule applies to modifications of
major stationary sources of VOC or nitrogen oxides (unless a
NOX waiver is in effect) in serious and severe ozone
nonattainment areas as follows:
(1) A
modification of a major stationary source with a de minimis increase in
emissions shall be exempt from section 3 of this rule.
(2) A modification having an increase in
emissions that is not de minimis to an existing major stationary source that
does not have the potential to emit one hundred (100) tons or more of VOC or
nitrogen oxides (unless a NOX waiver is in effect) per
year will not be subject to section 3(a) of this rule if the owner or operator
of the source elects to internal offset the increase by a ratio of one and
three-tenths (1.3) to one (1). If the owner or operator does not make the
election or is unable to, section 3(a) of this rule applies, except that BACT
shall be substituted for LAER required by section 3(a)(2) of this
rule.
(3) A modification having an
increase in emissions that is not de minimis to an existing major stationary
source emitting or having the potential to emit one hundred (100) tons of VOC
or nitrogen oxides (unless a NOX waiver is in effect) or
more per year will be subject to the requirements of section 3(a) of this rule,
except that the owner or operator may elect to internal offset the increase at
a ratio of one and three-tenths (1.3) to one (1) as a substitute for LAER
required by section 3(a)(2) of this rule.
(c) The requirements of this rule will be
applied in accordance with the following:
(1)
Except as otherwise provided in subsection (k) and consistent with the
definition of major modification in section 1(y) of this rule, a project is a
major modification for a regulated NSR pollutant if it causes a significant
emissions increase and a significant net emissions increase except for VOC
emissions in a severe or serious nonattainment area for ozone. The project is
not a major modification if it does not cause a significant emissions increase.
If the project causes a significant emissions increase, then the project is a
major modification only if it also results in a significant net emissions
increase.
(2) Prior to beginning
actual construction, the procedure for calculating whether a significant
emissions increase will occur depends upon the type of emissions units being
modified, in accordance with this subsection, except for VOC emissions in a
severe or serious nonattainment area for ozone. The procedure for calculating,
before beginning actual construction, whether a significant net emissions
increase will occur at the major stationary source is contained in section
1(cc) of this rule. Regardless of any preconstruction projections, a major
modification results if the project causes a significant emissions increase and
a significant net emissions increase.
(3) For an actual-to-projected-actual
applicability test for projects that only involve existing emissions units, a
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the projected actual emissions and
the baseline actual emissions for each existing emissions unit equals or
exceeds the significant amount for that pollutant.
(4) For an actual-to-potential applicability
test for projects that only involve construction of new emissions units, a
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the potential to emit from each new
emissions unit following completion of the project and the baseline actual
emissions of these units before the project equals or exceeds the significant
amount for that pollutant.
(5) For
projects that involve a combination of emission units using the tests in
subdivisions (3) and (4), a significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases for each
emissions unit, using the method specified in subdivisions (3) and (4), as
applicable, with respect to each emissions unit, for each type of emissions
unit equals or exceeds the significant amount for that pollutant.
(d) At the time that a particular
source or modification becomes a major stationary source or major modification
solely by virtue of a relaxation in any enforceable limitation that was
established after August 7, 1980, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on hours of operation,
then this rule applies to the source or modification as though construction had
not yet commenced on the source or modification.
(e) In the case of an area that has been
redesignated nonattainment, any source that would not have been required to
submit a permit application under
326 IAC 2-2 concerning the
prevention of significant deterioration will not be subject to this rule if
construction commences within eighteen (18) months of the area's
redesignation.
(f) Major stationary
sources or major modifications that would locate in any area designated as
attainment or unclassifiable in the state and would exceed the following
significant impact levels at any locality, for any pollutant that is designated
as nonattainment, must meet the requirements specified in section 3(a)(1)
through 3(a)(3) of this rule. All values are expressed in micrograms per cubic
meter (ìg/m3):
| Pollutant | Annual | 24-hour | 8-hour | 3-hour | 1-hour |
| Sulfur dioxide | 1 | 5 | X | 25 | X |
| PM10 | 1 | 5 | X | X | X |
| PM2.5 | 0.3 | 1.2 | X | X | X |
| Nitrous oxides | 1 | X | X | X | X |
| Carbon monoxide | X | X | 500 | X | 2,000 |
(g)
This rule does not apply to a source or modification, other than a source of
VOC or nitrogen oxides (unless a NOX waiver is in
effect) in a serious or severe ozone nonattainment area or a source of
PM10 in a serious PM10 area, that
would be a major stationary source or major modification only if fugitive
emissions, to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification and the source does
not belong to any of the following categories:
(1) Coal cleaning plants (with thermal
driers).
(2) Kraft pulp
mills.
(3) Portland cement
plants.
(4) Primary zinc
smelters.
(5) Iron and steel mill
plants.
(6) Primary aluminum ore
reduction plants.
(7) Primary
copper smelters.
(8) Municipal
incinerators capable of charging more than two hundred fifty (250) tons of
refuse per day.
(9) Hydrofluoric,
sulfuric, and nitric acid plants.
(10) Petroleum refineries.
(11) Lime plants.
(12) Phosphate rock processing
plants.
(13) Coke oven
batteries.
(14) Sulfur recovery
plants.
(15) Carbon black plants
(furnace process).
(16) Primary
lead smelters.
(17) Fuel conversion
plants.
(18) Sintering
plants.
(19) Secondary metal
production plants.
(20) Chemical
process plants, excluding ethanol production facilities that produce ethanol by
natural fermentation included in North American Industry Classification System
(NAICS) codes 325193 for Ethyl Alcohol Manufacturing or 312140 for
Distilleries, as revised in 2007*.
(21) Fossil-fuel boilers (or combinations
thereof) totaling more than two hundred fifty million (250,000,000) British
thermal units per hour heat input.
(22) Petroleum storage and transfer unit with
a storage capacity exceeding three hundred thousand (300,000)
barrels.
(23) Taconite ore
processing plants.
(24) Glass fiber
processing plants.
(25) Charcoal
production plants.
(26) Fossil
fuel-fired steam electric plants of more than two hundred fifty million
(250,000,000) British thermal units per hour heat input.
(27) Any other stationary source category
that, as of August 7, 1980, is being regulated under Section 111 or 112 of the
CAA.
(h) For purposes
of this rule, secondary emissions from a source need not be considered in
determining whether the source would qualify as a major source. If a source is
subject to this rule on the basis of the direct emissions from the source, the
applicable conditions must also be met for secondary emissions. The secondary
emissions may be exempt from the requirements specified in section 3(a)(2)
through 3(a)(3) of this rule.
(i)
HAPs listed in and regulated by
326 IAC 14-1 are not exempt from
this rule.
(j) The installation,
operation, cessation, or removal of temporary clean coal technology
demonstration projects funded under the Department of Energy-Clean Coal
Technology Appropriations may be exempt from the requirements of section 3 of
this rule. To qualify for this exemption, the project must:
(1) be at an existing facility;
(2) operate for not more than five (5) years;
and
(3) comply with all other
applicable rules for the area.
(k) For any major stationary source operating
under a PAL for a regulated NSR pollutant, the major stationary source shall
comply with requirements under
326 IAC 2-3.4.
(l) The following specific provisions apply
with respect to any regulated NSR pollutant emitted from projects at existing
emissions units at a major stationary source, other than projects at a source
with a PAL, in circumstances where there is a reasonable possibility, within
the meaning of this subsection, that a project that is not a part of a major
modification may result in a significant emissions increase of a regulated NSR
pollutant, and the owner or operator elects to use the method specified in
section 1(kk)(2)(A) of this rule for calculating projected actual emissions:
(1) Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
(A) A description of
the project.
(B) Identification of
the emissions units whose emissions of a regulated NSR pollutant could be
affected by the project.
(C) A
description of the applicability test used to determine that the project is not
a major modification for any regulated NSR pollutant, including the following:
(i) The baseline actual emissions.
(ii) The projected actual
emissions.
(iii) The amount of
emissions excluded under section 1(kk)(2)(A)(iii) of this rule and an
explanation for why the amount was excluded.
(iv) Any netting calculations, if
applicable.
(2) If the emissions unit is an existing
electric utility steam generating unit, before beginning actual construction,
the owner or operator shall provide a copy of the information set out in
subdivision (1) to the department. Nothing in this subdivision shall be
construed to require the owner or operator of the unit to obtain any
determination from the department before beginning actual
construction.
(3) The owner or
operator shall:
(A) monitor the emissions of
any regulated NSR pollutant that could increase as a result of the project and
that is emitted by any emissions units identified in subdivision (1)(B);
and
(B) calculate and maintain a
record of the annual emissions, in tons per year on a calendar year basis, for
a period of five (5) years following resumption of regular operations after the
change, or for a period of ten (10) years following resumption of regular
operations after the change if the project increases the design capacity or
potential to emit of that regulated NSR pollutant at the emissions
unit.
(4) If the unit is
an existing electric utility steam generating unit, the owner or operator shall
submit a report to the department within sixty (60) days after the end of each
year during which records must be generated under subdivision (3) setting out
the unit's annual emissions during the year that preceded submission of the
report.
(5) If the unit is an
existing unit other than an electric utility steam generating unit, the owner
or operator shall submit a report to the department if the annual emissions, in
tons per year, from the project identified in subdivision (1), exceed the
baseline actual emissions, as documented and maintained under subdivision
(1)(C), by a significant amount for that regulated NSR pollutant, and if the
emissions differ from the preconstruction projection as documented and
maintained under subdivision (1)(C). The report shall be submitted to the
department within sixty (60) days after the end of the year. The report shall
contain the following:
(A) The name, address,
and telephone number of the major stationary source.
(B) The annual emissions as calculated under
subdivision (3).
(C) The emissions
calculated under the actual to projected actual test stated in subsection
(c)(3).
(D) Any other information
that the owner or operator wishes to include in the report.
(6) A reasonable possibility under
this subsection occurs when the owner or operator calculates the project to
result in either:
(A) a projected actual
emissions increase of at least fifty percent (50%) of the amount that is a
significant emissions increase, as defined in section 1(qq) of this rule,
without reference to the amount that is a significant net emissions increase,
for the regulated NSR pollutant; or
(B) a projected actual emissions increase
that, added to the amount of emissions excluded under section 1(kk)(2)(A)(iii),
sums to at least fifty percent (50%) of the amount that is a significant
emissions increase, as defined in section 1(qq) of this rule, without reference
to the amount that is a significant net emissions increase, for the regulated
NSR pollutant. For a project for which a reasonable possibility occurs only
within the meaning of this clause, and not also within the meaning of clause
(A), then subdivisions (2) through (5) do not apply to the project.
(7) The owner or operator of the
source shall make the information required to be documented and maintained
under subdivisions (1) through (5) available for review upon a request for
inspection by the department. The general public may request this information
from the department under 326 IAC 17.1.
*These documents are incorporated by reference. Copies may be obtained through the U.S. Census Bureau website at: www.census.gov/eos/www/naics 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.
Notes
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