Section 326IAC8-20-1. Applicability

   (a) This rule applies to any source that generates process wastewater and meets all of the following criteria:

(1) Is located in Lake County or Porter County.

(2) Has the combined total potential to emit VOC emissions equal to or greater than one hundred (100) tons per year from all of the following:

(A) Industrial wastewater sources (all waste management units).

(B) All noncontrol technique guideline (non-CTG) sources.

(C) Unregulated emissions from CTG emission units, except emission units regulated under 40 CFR 60, Subpart BBB*; 40 CFR 60, Subpart III*; 40 CFR 60, Subpart NNN*; or 40 CFR 63, Subpart T*.

(3) Has facility operations specifically listed under any of the following industrial categories:

(A) Organic chemicals, plastics, and synthetic fibers manufacturing industry under Standard Industrial Classification (SIC) codes 2821, 2823, 2824, 2865, and 2869.

(B) Pharmaceutical industry under SIC codes 2833, 2834, and 2836.

(C) Pesticide manufacturing industry under SIC code 2879.

(D) Hazardous waste treatment, storage, and disposal facilities under SIC codes 4952, 4953, and 4959.

  (b) If a source meets the applicability requirements under subsection (a), but reduces its potential to emit for VOCs by means of federally enforceable operational restrictions (for example, production, hours of operation, or capacity utilization) to less than one hundred (100) tons per year by April 1, 2011, the source is not subject to the emission control requirements of section 3 of this rule.

  (c) For purposes of subsection (a), an emission unit shall be considered regulated by a rule, section, or subpart if it is subject to the limits of that rule, section, or subpart. An emission unit is not considered regulated by a rule, section, or subpart if it is not subject to the limits of that rule, section, or subpart. For example, if the emission unit is covered by an exemption in the rule, section, or subpart, or the applicability criteria of the rule, section, or subpart are not met, then the source is not subject to the rule, section, or subpart. An emission unit is also not considered regulated if there is no rule contained in this article regulating the source category. (Air Pollution Control Division; 326 IAC 8-20-1; filed Nov 3, 2009, 3:32 p.m.: 20091202-IR-326090222FRA)