326 IAC 2-4.1-1 New source toxics control

Sec. 1. (a) Any owner or operator who constructs or reconstructs a major source of hazardous air pollutants (HAP), as defined in 40 CFR 63.41*, after July 27, 1997, including owners or operators with permit applications pending with the department on the effective date of this section, shall comply with the requirements of this section, except as specifically specified in this rule. This section does not apply to an owner or operator that has received all necessary permits for the construction or reconstruction before July 27, 1997. On and after June 29, 1998, this section is intended to implement Section 112(g)(2)(B) of the Clean Air Act (CAA). Subsection (c)(3)(E) and (c)(3)(I) shall not apply to an owner or operator that has received all necessary permits for the construction or reconstruction before June 29, 1998. (b) This section does not apply to the following exclusions set forth in 40 CFR 63.40*: (1) Electric utility steam generating units until such time as these units are added to the source category list under Section 112(c)(5) of the CAA. (2) A major source specifically regulated, or exempted from regulation, by a standard issued pursuant to Section 112(d), 112(h), or 112(j) of the CAA. (3) Stationary sources that are within a source category that has been deleted from the source category list under Section 112(c)(9) of the CAA. (4) Research and development activities, as defined in 40 CFR 63.41*. (c) The air pollution control board incorporates by reference the following provisions of 40 CFR 63, Subpart B, Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources*: (1) 40 CFR 63.41 Definitions*. (2) 40 CFR 63.42* Program requirements governing construction or reconstruction of major sources. (3) The following subsections of 63.43 Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources: (A) 40 CFR 63.43(a) Applicability*. (B) 40 CFR 63.43(b) Requirements for constructed and reconstructed major sources*. (C) 40 CFR 63.43(d) Principles of MACT determinations*. (D) 40 CFR 63.43(e) Application requirements for a case-by-case MACT determination*. (E) 40 CFR 63.43(i) EPA notification*. (F) 40 CFR 63.43(j) Effective date*. (G) 40 CFR 63.43(k) Compliance date*. (H) 40 CFR 63.43(l) Compliance with MACT determinations*. (I) 40 CFR 63.43(m) Reporting to the Administrator*. (4) 40 CFR 63.44 Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement*. (d) The administrative procedures, public notice, and issuance of MACT approvals under this section are set forth in 326 IAC 2-1.1 and 326 IAC 2-5.1. In addition, permits issued to sources subject to this section shall conform to the provisions of 40 CFR 63.43(g) Notice of MACT approval*. (e) This subsection sets forth provisions for a transition period from July 27, 1997, through June 28, 1998, for those sources who have construction permit applications pending with the department on July 27, 1997 (transition applicants). Transition applicants are not required to comply with subsection (c)(3)(D). The department shall notify transition applicants that this section applies to its pending application and provide for an opportunity for the applicant to submit information that may be used by the department to complete the determination of MACT under this section. The department may request additional information regarding the transition applicant's project necessary to determine the proposed control technology and air emissions for purposes of making the determination required by this section. The department may not exceed the applicable permit timeline for completion of review of a transition applicant's application in order to comply with this section. The department's determination of MACT under this section may be based on information about similar sources and hazardous air pollutant emissions that is reasonably available to the department within the applicable time frame for permit review and shall not be construed to be a MACT determination under Section 112(g) of the CAA. (f) Subsection (c)(4), except 40 CFR 63.44(a)*, does not apply to a source issued a MACT determination pursuant to the transition program set forth in subsection (e). *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.