Section 326IAC2-8-10. Administrative permit amendments

   (a) 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 the FESOP; or

(B) descriptive information concerning the source or emissions unit, where the revision will not trigger a new applicable requirement.

(3) Modifications that would require more frequent monitoring or reporting by the permittee.

(4) Changes in ownership or operational control of a source where the commissioner determines that no other change in a FESOP is necessary, provided that a written agreement containing a specific date for transfer of a FESOP responsibility, coverage, and liability between the current and new permittee has been submitted to the commissioner.

(5) A change to a testing, monitoring, maintenance, or record keeping requirement that is not environmentally significant. The change shall not be an administrative amendment if the testing, monitoring, maintenance, or record keeping is required by an applicable requirement.

(6) If there is no new equipment and no change to operations or processes, and the change is a result of one (1) or more of the following:

(A) 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*.

(B) 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.

(C) 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.

(D) Incorporation or deletion of applicable requirements as a result of a change in applicability.

(7) A change that allows for the construction and operation of a modification that has received advance approval under this rule.

(8) A change or modification that meets the applicability criteria and can meet and will comply with the operational limitations for a source specific operating agreement under 326 IAC 2-9 or a general permit under 326 IAC 2-12 or section 18 of this rule and does not require an adjustment to the potential to emit of the source.

(9) Incorporation of a modification of an existing source if the modification will replace or repair a part or piece of equipment in an existing process unless the modification:

(A) results in the replacement or repair of an entire process;

(B) qualifies as a reconstruction of an entire process; or

(C) may result in an increase of actual emissions.

(10) Incorporation of a modification that adds an emissions unit of the same type that is already permitted 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.

(11) Incorporation of a modification that is subject to the following reasonably available control technology (RACT), a new source performance standard (NSPS), or a national emission standard for hazardous air pollutants (NESHAP) and the RACT, NSPS, or NESHAP is the most stringent applicable requirement, except for those modifications that would be subject to the provisions of 40 CFR 63, Subpart B, Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources*:

(A) 40 CFR 60.40c*, except for modifications to a source located in Lake County.

(B) 40 CFR 60.110b*.

(C) 40 CFR 60.250*, except for modifications that include thermal dryers.

(D) 40 CFR 60.330* for modifications that only include emergency generators.

(E) 40 CFR 60.670*.

(F) 40 CFR 61.110*.

As part of the request under subsection (b)(1), the applicant shall acknowledge the requirement to comply with the RACT, NSPS, or NESHAP. For modifications under clauses (A) through (D), the source must use the monitoring specified in the relevant RACT, NSPS, or NESHAP.

(12) Incorporation of a modification that is subject to one (1) of the following NSPSs, except for modifications that would be subject to 326 IAC 8-1-6:

(A) 40 CFR 60.310*.

(B) 40 CFR 60.390*.

(C) 40 CFR 60.430*.

(D) 40 CFR 60.440*.

(E) 40 CFR 60.450*.

(F) 40 CFR 60.460*.

(G) 40 CFR 60.490*.

(H) 40 CFR 60.540*.

(I) 40 CFR 60.560*.

(J) 40 CFR 60.580*.

(K) 40 CFR 60.600*.

(L) 40 CFR 60.660*.

(M) 40 CFR 60.720*.

As part of the request under subsection (b)(1), the applicant shall acknowledge the requirement to comply with the NSPS. For modifications under clauses (A) through (H), the source must use the monitoring specified in the NSPS.

(13) Addition of an emissions unit, subject to 326 IAC 2-1.1-3, at the request of the applicant.

  (b) An administrative permit amendment may be made by the commissioner consistent with the following:

(1) The commissioner shall take no more than sixty (60) days from receipt of a request for an administrative permit amendment to take final action on the request and may incorporate the changes without providing prior notice to the public or affected states provided that it designates any such permit revisions as having been made under this subsection.

(2) The commissioner shall submit a copy of a revised FESOP to the U.S. EPA.

(3) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

  *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. (Air Pollution Control Division; 326 IAC 2-8-10; filed May 25, 1994, 11:00 a.m.: 17 IR 2275; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2358; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1054; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3107; filed May 21, 2002, 10:20 a.m.: 25 IR 3071; errata filed Jul 23, 2007, 4:19 p.m.: 20070815-IR-326070466ACA; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA)