327 IAC 5-17-13 - "New source" defined
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 13.
(a) "New
source" means any building, structure, facility, or installation that is
discharging or may discharge pollutants, and its construction commenced after
the publication of proposed pretreatment standards under Section 307(c) of the
Clean Water Act (
33 U.S.C.
1317(c)) that will be
applicable to the source, if those standards are thereafter promulgated in
accordance with Section 307(c) of the Clean Water Act, provided one (1) of the
following conditions is met:
(1) The
building, structure, facility, or installation is constructed at a site where
no other source is located.
(2) The
building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source.
(3) The production of
wastewater generating processes of the building, structure, facility, or
installation is substantially independent of an existing source at the same
site. In determining whether these processes are substantially independent, the
following factors will be considered:
(A) The
extent to which the new facility is integrated with the existing
plant.
(B) The extent to which the
new facility is engaged in the same general type of activity as the existing
source.
(b)
Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of
subsection (a)(2) or (a)(3) but otherwise alters, replaces, or adds to existing
process or production equipment.
(c) Construction of a new source as defined
in this section has commenced if the owner or operator has:
(1) begun, or caused to begin, as part of a
continuous on-site construction program:
(A)
any placement, assembly, or installation of facilities or equipment;
or
(B) significant site preparation
work, including clearing, excavation, or removal of existing buildings,
structures, or facilities that is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(2) entered into a binding contractual
obligation for the purchase of facilities or equipment that are intended to be
used in its operation within a reasonable time.
Options to purchase, contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.
Notes
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