326 IAC 2-10-1 Limiting potential to emit

Sec. 1. (a) A source must obtain all construction approvals prior to operating under this rule. A stationary or portable source that would otherwise be required to have a permit under 326 IAC 2-6.1, 326 IAC 2-7 or 326 IAC 2-8, or an operating agreement as described in 326 IAC 2-9 may limit its potential to emit by complying with the conditions of this rule. A source complying with this rule is not subject to 326 IAC 2-6.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9 unless: (1) the source is required to obtain a Part 70 permit in accordance with 40 CFR 63, which requires a major affected source to have a Part 70 permit on the compliance date of an applicable NESHAP; or (2) otherwise required by federal law. (b) A stationary or portable source complying with this rule may at any time apply for a state operating permit under 326 IAC 2-6.1, Part 70 permit under 326 IAC 2-7, a FESOP under 326 IAC 2-8, or an operating agreement under 326 IAC 2-9, as applicable.