Section 326IAC2-5.5-6. Registration revisions

   (a) Any person proposing to construct new emissions units, modify existing emissions units, or otherwise modify the source as described in this section shall submit an application or notification in accordance with this rule.

  (b) Notwithstanding any other provision of this rule, the owner or operator of a source may repair or replace an emissions unit or air pollution control equipment or components thereof, without prior approval, if the repair or replacement:

(1) results in a potential to emit for each regulated pollutant that is less than or equal to the potential to emit of the equipment or the affected emissions unit that was repaired or replaced;

(2) is not a major modification under 326 IAC 2-2-1, 326 IAC 2-3-1, or 326 IAC 2-4.1; and

(3) returns the emissions unit, process, or control equipment to normal operation after an upset, malfunction, or mechanical failure or prevents impending and imminent failure of the emissions unit, process, or control equipment.

If the repair or replacement qualifies as a reconstruction or is a complete replacement of an emissions unit or air pollution control equipment and would require a permit or registration revision under a provision of this rule, the owner or operator of the source must submit an application for a permit or registration revision to the commissioner not later than thirty (30) calendar days after initiating the repair or replacement.

  (c) An application or notification required under this section shall contain the following:

(1) The information required under section 3(b) of this rule.

(2) An identification of the applicable requirements to which the source is newly subject as a result of the change, including the applicable:

(A) emission limits and standards;

(B) monitoring and test methods; and

(C) record keeping and reporting requirements as appropriate.

  (d) The following changes shall be designated as administrative amendments and shall not be required to comply with the provisions in 326 IAC 2-1.1-6 concerning public notice or prior approval by the commissioner:

(1) Changes correcting typographical errors.

(2) Minor administrative changes such as a change in:

(A) the name, address, or telephone number of any person identified in a permit; or

(B) descriptive information concerning the source or emissions unit or units.

(3) Changes in ownership or operational control of a source.

(4) Modifications that would require more frequent monitoring or reporting.

(5) Incorporation or deletion of applicable requirements as a result of a change in applicability and there is no new equipment and no change to operations or processes.

(6) Incorporation of alternative testing or compliance monitoring requirements that have received U.S. EPA approval under 40 CFR 60, 40 CFR 61, or 40 CFR 63*.

(7) Incorporation of newly-applicable monitoring or testing requirements specified in 40 CFR 60, 40 CFR 61, or 40 CFR 63* that apply as the result of a change in applicability of those requirements to the source, including removal from the permit of monitoring or testing requirements that no longer apply as a result of the change in applicability.

(8) Incorporation of test methods or monitoring requirements specified in an applicable requirement that the source may use under the applicable requirement as an alternative to the testing or monitoring requirements contained in the permit.

(9) Modifications that have the potential to emit greater than or equal to one (1) ton per year but less than ten (10) tons per year of a single HAP as defined under Section 112(b) of the CAA or greater than or equal to two and one-half (2.5) tons per year but less than twenty-five (25) tons per year of any combination of HAPs unless the modification would increase the potential to emit of the source above ten (10) tons per year of a single HAP or twenty-five (25) tons per year of any combination of HAPs.

(10) A modification that adds an emissions unit of the same type that is already permitted or replaces an existing unit and that will comply with the same applicable requirements and permit terms and conditions as the existing emission unit, except if the modification would result in a potential to emit greater than the thresholds in 326 IAC 2-2 or 326 IAC 2-3, or would result in a potential to emit of the source equal to or greater than the thresholds in 326 IAC 2-5.1-3(a).

(11) Modifications that consist of emission units described under 326 IAC 2-1.1-3(e)(1) through 326 IAC 2-1.1-3(e)(31).

  (e) Any person proposing to make a change or modification described in subsection (d) shall submit a notification concerning the change or modification within thirty (30) days of making the change or modification and shall include the information required under section 3(b) of this rule. The notification shall be sent by one (1) of the following means:

(1) Certified mail.

(2) Delivery by hand or express service.

(3) Transmission by other equally reliable means of notification by the source to the commissioner.

  (f) The commissioner shall do the following:

(1) Revise the registration consistent with the following:

(A) Revise the registration within thirty (30) days of receipt of the notification.

(B) Send a copy of the revised registration to the registrant.

(2) The registrant may implement the change or modification upon submittal of the notification.

  (g) Any person proposing to make a change or modification not described in subsection (d) shall:

(1) submit an application concerning the change or modification prior to making the change or modification; and

(2) include the information under subsection (c).

  (h) An application submitted in accordance with subsection (g) shall be processed as follows:

(1) Within forty-five (45) days from receipt of an application for a minor permit revision, the commissioner shall do one (1) of the following:

(A) Approve the modification request and issue a revised registration incorporating the modification.

(B) Determine that the change or modification will increase the potential to emit of the source to a level that would require an operating permit under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8.

(C) Deny the modification request.

(2) If, after review of the application, the commissioner determines that the change or modification will increase the potential to emit of the source to a level that would require an operating permit under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8, the commissioner shall:

(A) notify the source of the requirement to obtain an operating permit;

(B) provide the source with the appropriate permit application forms; and

(C) issue or deny the operating permit under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8, whichever is applicable.

(Air Pollution Control Division; 326 IAC 2-5.5-6; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1013; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3106; readopted filed Oct 22, 2004, 10:35 a.m.: 28 IR 794; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; readopted filed Aug 25, 2010, 2:42 p.m.: 20100922-IR-326100394BFA; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA)