Section 326IAC24-3-4. Standard requirements

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

(1) The CAIR designated representative of each CAIR NO_x ozone season source required to have a federally enforceable permit and each CAIR NO_x ozone season unit required to have a federally enforceable permit 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)(1) 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 NO_x ozone season source required to have a federally enforceable permit and each CAIR NO_x ozone season unit required to have a federally enforceable permit 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 12 of this rule, the owners and operators of a CAIR NO_x ozone season source that is not otherwise required to have a federally enforceable permit and each CAIR NO_x ozone season unit that is not otherwise required to have a federally enforceable permit are not required to submit a CAIR permit application, and to have a CAIR permit, under section 7 of this rule for such CAIR NO_x ozone season source and such CAIR NO_x ozone season unit.

  (b) The owners and operators, and the CAIR designated representative, of each CAIR NO_x ozone season source and CAIR NO_x ozone season 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 11 of this rule.

(2) The emissions measurements recorded and reported in accordance with section 11 of this rule shall be used to determine compliance by each CAIR NO_x ozone season source with the CAIR NO_x ozone season emissions limitation under subsection (c).

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

(1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR NO_x ozone season source and each CAIR NO_x ozone season unit at the source shall hold, in the source's compliance account, CAIR NO_x ozone season allowances available for compliance deductions for the control period under section 9(i) of this rule in an amount not less than the tons of total nitrogen oxides emissions for the control period from all CAIR NO_x ozone season units at the source, as determined in accordance with section 11 of this rule.

(2) A CAIR NO_x ozone season unit shall be subject to the requirements under subdivision (1) for the control period starting on the later of May 1, 2009 or the deadline for meeting the unit's monitor certification requirements under section 11(c)(1), 11(c)(2), 11(c)(3), or 11(c)(7) of this rule and for each control period thereafter.

(3) A CAIR NO_x ozone season 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 NO_x ozone season allowance was allocated.

(4) CAIR NO_x ozone season allowances shall be held in, deducted from, or transferred into or among CAIR NO_x ozone season allowance tracking system accounts in accordance with sections 9, 10, and 12 of this rule.

(5) A CAIR NO_x ozone season allowance is a limited authorization to emit one (1) ton of nitrogen oxides in accordance with the CAIR NO_x ozone season trading program. No provision of the CAIR NO_x ozone season 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 NO_x ozone season allowance does not constitute a property right.

(7) Upon recordation by the U.S. EPA under section 9, 10, or 12 of this rule, every allocation, transfer, or deduction of a CAIR NO_x ozone season allowance to or from a CAIR NO_x ozone season source's compliance account is incorporated automatically in any CAIR permit of the source.

  (d) If a CAIR NO_x ozone season source emits nitrogen oxides during any control period in excess of the CAIR NO_x ozone season emissions limitation, then:

(1) the owners and operators of the source and each CAIR NO_x ozone season unit at the source shall surrender the CAIR NO_x ozone season allowances required for deduction under section 9(j)(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 subpart, the Clean Air Act, and applicable state law.

  (e) Owners and operators of each CAIR NO_x ozone season source and each CAIR NO_x ozone season 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 NO_x ozone season source and each CAIR NO_x ozone season 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 NO_x ozone season 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 11 of this rule, provided that to the extent that section 11 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 NO_x ozone season trading program.

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

(2) The CAIR designated representative of a CAIR NO_x ozone season source and each CAIR NO_x ozone season unit at the source shall submit the reports required under the CAIR NO_x ozone season trading program, including those under section 11 of this rule.

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

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

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

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

  (g) No provision of the CAIR NO_x ozone season 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 NO_x ozone season source or CAIR NO_x ozone season 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 24-3-4; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA)