Section 326IAC24-2-4. Standard requirements

   (a) The owners and operators, and CAIR designated representative of each CAIR SO₂ source shall comply with the following permit requirements:

(1) The CAIR designated representative of each CAIR SO₂ source required to have a permit under 326 IAC 2-7 and each CAIR SO₂ unit required to have a permit under 326 IAC 2-7 at the source shall submit the following to the department:

(A) A complete CAIR permit application under section 7(c) of this rule in accordance with the deadlines specified in section 7(b) of this rule.

(B) Any supplemental information that the department determines is necessary in order to review a CAIR permit application in a timely manner and issue or deny a CAIR permit.

(2) The owners and operators of each CAIR SO₂ source required to have a Part 70 operating permit and each CAIR SO₂ unit required to have a permit under 326 IAC 2-7 at the source shall have a CAIR permit issued by the department under section 7 of this rule for the source and operate the source and the unit in compliance with such CAIR permit.

(3) Except as provided in section 11 of this rule, the owners and operators of a CAIR SO₂ source that is not otherwise required to have a permit under 326 IAC 2-7 and each CAIR SO₂ unit that is not otherwise required to have a permit under 326 IAC 2-7 are not required to submit a CAIR permit application, and to have a CAIR permit, under section 7 of this rule for such CAIR SO₂ source and such CAIR SO₂ unit.

  (b) The owners and operators, and the CAIR designated representative, of each CAIR SO₂ source and CAIR SO₂ unit at the source shall comply with the following monitoring, reporting, and record keeping requirements:

(1) The monitoring, reporting, and record keeping requirements of section 10 of this rule.

(2) The emissions measurements recorded and reported in accordance with section 10 of this rule shall be used to determine compliance by each CAIR SO₂ source with the CAIR SO₂ emission requirements under subsection (c).

  (c) The owners and operators, and the CAIR designated representative, of each CAIR SO₂ source and CAIR SO₂ unit at the source shall comply with the following SO₂ emission requirements:

(1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR SO₂ source and each CAIR SO₂ unit at the source shall hold, in the source's compliance account, a tonnage equivalent in CAIR SO₂ allowances available for compliance deductions for the control period, as determined in accordance with section 8(j) and 8(k) of this rule, not less than the tons of total sulfur dioxide emissions for the control period from all CAIR SO₂ units at the source, as determined in accordance with section 10 of this rule.

(2) A CAIR SO₂ unit shall be subject to the requirements under subdivision (1) for the control period starting on the later of January 1, 2010 or the deadline for meeting the unit's monitor certification requirements under section 10(c)(1), 10(c)(2), or 10(c)(5) of this rule and for each control period thereafter.

(3) A CAIR SO₂ allowance shall not be deducted, for compliance with the requirements under subdivision (1), for a control period in a calendar year before the year for which the CAIR SO₂ allowance was allocated.

(4) CAIR SO₂ allowances shall be held in, deducted from, or transferred into or among CAIR SO₂ allowance tracking system accounts in accordance with sections 8, 9, and 11 of this rule.

(5) A CAIR SO₂ allowance is a limited authorization to emit sulfur dioxide in accordance with the CAIR SO₂ trading program. No provision of the CAIR SO₂ trading program, the CAIR permit application, the CAIR permit, or an exemption under section 3 of this rule and no provision of law shall be construed to limit the authority of the state of Indiana or the United States to terminate or limit such authorization.

(6) A CAIR SO₂ allowance does not constitute a property right.

(7) Upon recordation by the U.S. EPA under section 8, 9, or 11 of this rule, every allocation, transfer, or deduction of a CAIR SO₂ allowance to or from a CAIR SO₂ source's compliance account is incorporated automatically in any CAIR permit of the source.

  (d) If a CAIR SO₂ source emits sulfur dioxide during any control period in excess of the CAIR SO₂ emissions limitation, then:

(1) the owners and operators of the source and each CAIR SO₂ unit at the source shall surrender the CAIR SO₂ allowances required for deduction under section 8(k)(4) of this rule and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act or applicable state law; and

(2) each ton of such excess emissions and each day of such control period shall constitute a separate violation of this rule, the Clean Air Act, and applicable state law.

  (e) Owners and operators of each CAIR SO₂ source and each CAIR SO₂ unit at the source shall comply with the following record keeping and reporting requirements:

(1) Unless otherwise provided, the owners and operators of the CAIR SO₂ source and each CAIR SO₂ unit at the source shall keep on site at the source or a central location within Indiana for those owners and operators with unattended sources, each of the following documents for a period of five (5) years from the date the document is created. This period may be extended for cause, at any time before the end of five (5) years, in writing by the department or U.S. EPA:

(A) The certificate of representation under section 6(h) of this rule for the CAIR designated representative for the source and each CAIR SO₂ unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source, or a central location within Indiana for those owners and operators with unattended sources beyond such five (5) year period until such documents are superseded because of the submission of a new certificate of representation under section 6(h) of this rule changing the CAIR designated representative.

(B) All emissions monitoring information, in accordance with section 10 of this rule, provided that to the extent that section 10 of this rule provides for a three (3) year period for record keeping, the three (3) year period shall apply.

(C) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR SO₂ trading program.

(D) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR SO₂ trading program or to demonstrate compliance with the requirements of the CAIR SO₂ trading program.

(2) The CAIR designated representative of a CAIR SO₂ source and each CAIR SO₂ unit at the source shall submit the reports required under the CAIR SO₂ trading program, including those under section 10 of this rule.

  (f) The owners and operators of each CAIR SO₂ source and each CAIR SO₂ unit shall be liable as follows:

(1) Each CAIR SO₂ source and each CAIR SO₂ unit shall meet the requirements of the CAIR SO₂ trading program.

(2) Any provision of the CAIR SO₂ trading program that applies to a CAIR SO₂ source or the CAIR designated representative of a CAIR SO₂ source shall also apply to the owners and operators of such source and of the CAIR SO₂ units at the source.

(3) Any provision of the CAIR SO₂ trading program that applies to a CAIR SO₂ unit or the CAIR designated representative of a CAIR SO₂ unit shall also apply to the owners and operators of such unit.

  (g) No provision of the CAIR SO₂ trading program, a CAIR permit application, a CAIR permit, or an exemption under section 3 of this rule shall be construed as exempting or excluding the owners and operators, and the CAIR designated representative, of a CAIR SO₂ source or CAIR SO₂ unit from compliance with any other provision of the applicable, approved state implementation plan, a federally enforceable permit, or the Clean Air Act. (Air Pollution Control Division; 326 IAC 24-2-4; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA; errata filed Jan 29, 2007, 2:43 p.m.: 20070221-IR-326050117ACA)