Section 326IAC2-8-15. Operational flexibility

   (a) An owner or operator of a FESOP source may make any change or changes at the source that are described in subsection (b) or (c) without a prior permit revision, if each of the following conditions is met:

(1) The changes are not modifications under any provisions of Title I of the CAA.

(2) The changes do not result in emissions that exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions).

(3) The owner or operator of the FESOP source notifies the commissioner and U.S. EPA in advance of the change, with the information described in subsections (b) and (c), by written notification given at least ten (10) days in advance of the proposed change.

(4) The commissioner and the owner or operator of a FESOP source each shall attach every such notice to their copy of the relevant permit.

(5) The owner or operator of the source:

(A) maintains records on-site that document, on a rolling five (5) year basis, all such changes and emissions trading that are subject to subsections (b) and (c); and

(B) makes the records available, upon reasonable request, for public review.

The records shall consist of all information required to be submitted to the commissioner in the notices specified in subsection (b)(1).

  (b) An owner or operator of a FESOP source may trade increases and decreases in emissions in the FESOP source, where the applicable SIP provides for the emission trades without requiring a permit revision, subject to the constraints of subsection (a) and the further conditions of this subsection. The changes may be made without a permit revision regardless of whether the permit fails to provide expressly for the emissions trading under the following conditions:

(1) For each such change, the required written notification shall include such information as may be required by the provision in the applicable implementation plan authorizing the emissions trade, including, at a minimum, the following:

(A) When the proposed change will occur.

(B) A description of each such change.

(C) Any change in emissions.

(D) The permit requirements with which the source will comply using the emissions trading provisions of the applicable implementation plan.

(E) The pollutants emitted subject to the emissions trade.

The notice shall also refer to the provisions in the applicable implementation plan with which the source will comply and that provide for the emissions trade.

(2) Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to the requirements of the applicable implementation plan authorizing the emissions trade.

  (c) An owner or operator of a FESOP source may make changes at the source within the range of alternative operating scenarios that are described in the terms and conditions of the FESOP for the source in accordance with section 4(7) of this rule, without a prior permit revision, subject to compliance with the permit terms and conditions. To procure alternative operating scenarios for its FESOP, the owner or operator of a FESOP source must request the alternative scenarios in its application for the permit. The owner or operator of a FESOP source may request that a valid FESOP permit be revised to include an alternative operating scenario in accordance with the significant permit revision requirements under section 11.1(f) of this rule. Notwithstanding the provisions of subsection (a), no advanced notice to the department is required prior to making such a change. (Air Pollution Control Division; 326 IAC 2-8-15; filed May 25, 1994, 11:00 a.m.: 17 IR 2278; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1058; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA)