Section 326IAC24-1-12. CAIR NOx opt-in units

   (a) A CAIR NO_x opt-in unit is a unit that meets all of the following requirements:

(1) Is located in Indiana.

(2) Is not a CAIR NO_x unit under section 1 of this rule and is not covered by a retired unit exemption that is in effect under section 3 of this rule.

(3) Is not covered by a retired unit exemption that is in effect under 40 CFR 72.8*.

(4) Has or is required or qualified to have a Part 70 operating permit or other federally enforceable permit.

(5) Vents all of its NO_x emissions to a stack and can meet the monitoring, record keeping, and reporting requirements of section 11 of this rule.

  (b) Except as otherwise provided in sections 1, 2, 4 through 7, and 9 through 11 of this rule, a CAIR NO_x opt-in unit shall be treated as a CAIR NO_x unit for purposes of applying such sections of this rule.

  (c) Solely for purposes of applying, as provided in this section, the requirements of section 11 of this rule to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this section, such unit shall be treated as a CAIR NO_x unit before issuance of a CAIR opt-in permit for such unit.

  (d) Any CAIR NO_X opt-in unit, and any unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this section, located at the same source as one (1) or more CAIR NO_x units shall have the same CAIR designated representative and alternate CAIR designated representative as such CAIR NO_x units.

  (e) The CAIR designated representative of a unit meeting the requirements for a CAIR NO_x opt-in unit in subsection (a) may apply for an initial CAIR opt-in permit at any time, except as provided under subsection (h)(8) and (h)(9), and, in order to apply, must submit the following:

(1) A complete CAIR permit application under section 7(c) of this rule.

(2) A certification, in a format specified by the department, that the unit:

(A) is not a CAIR NO_x unit under section 1 of this rule and is not covered by a retired unit exemption that is in effect under section 3 of this rule;

(B) is not covered by a retired unit exemption that is in effect under 40 CFR 72.8*;

(C) vents all of its NO_x emissions to a stack; and

(D) has documented heat input for more than eight hundred seventy-six (876) hours during the six (6) months immediately preceding submission of the CAIR permit application under section 7(c) of this rule.

(3) A monitoring plan in accordance with section 11 of this rule.

(4) A complete certificate of representation under section 6(h) of this rule consistent with subsection (d), if no CAIR designated representative has been previously designated for the source that includes the unit.

(5) A statement, in a format specified by the department, whether the CAIR designated representative requests that the unit be allocated CAIR NO_x allowances under subsection (j)(3) or (j)(4), subject to the conditions in subsections (f)(10) and (h)(8). If allocation under subsection (j)(4) is requested, this statement shall include a statement that the owners and operators of the unit intend to repower the unit before January 1, 2015, and that they will provide, upon request, documentation demonstrating such intent.

The CAIR designated representative of a CAIR NO_x opt-in unit shall submit a complete CAIR permit application under section 7(c) of this rule to renew the CAIR opt-in unit permit in accordance with 327 IAC 2-7 or 327 IAC 2-8, if applicable, addressing permit renewal. Unless the department issues a notification of acceptance of withdrawal of the CAIR opt-in unit from the CAIR NO_x annual trading program in accordance with subsection (h) or the unit becomes a CAIR NO_x unit under section 1 of this rule, the CAIR NO_x opt-in unit shall remain subject to the requirements for a CAIR NO_x opt-in unit, even if the CAIR designated representative for the CAIR NO_x opt-in unit fails to submit a CAIR permit application that is required for renewal of the CAIR NO_x opt-in permit.

  (f) The department shall issue or deny a CAIR opt-in permit for a unit for which an initial application for a CAIR opt-in permit under subsection (e) is submitted in accordance with the following:

(1) The department and the U.S. EPA will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a CAIR opt-in permit under subsection (e). A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO_x emissions rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with section 11 of this rule. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.

(2) If the department and the U.S. EPA determine that the monitoring plan is sufficient under subdivision (1), the owner or operator shall monitor and report the NO_x emissions rate and the heat input of the unit and all other applicable parameters, in accordance with section 11 of this rule, starting on the date of certification of the appropriate monitoring systems under section 11 of this rule and continuing until a CAIR opt-in permit is denied under subdivision (8) or, if a CAIR opt-in permit is issued, the date and time when the unit is withdrawn from the CAIR NO_x annual trading program in accordance with subsection (h).

(3) The monitoring and reporting under subdivision (2) shall include the entire control period immediately before the date on which the unit enters the CAIR NO_x annual trading program under subdivision (9), during which period monitoring system availability must not be less than ninety percent (90%) under section 11 of this rule and the unit must be in full compliance with any applicable state or federal emissions or emissions-related requirements.

(4) To the extent the NO_x emissions rate and the heat input of the unit are monitored and reported in accordance with section 11 of this rule for one (1) or more control periods, in addition to the control period under subdivision (3), during which control periods monitoring system availability is not less than ninety percent (90%) under section 11 of this rule and the unit is in full compliance with any applicable state or federal emissions or emissions-related requirements and which control periods begin not more than three (3) years before the unit enters the CAIR NO_x annual trading program under subdivision (9), such information shall be used as provided in subdivisions (5) and (6).

(5) The unit's baseline heat input shall equal one (1) of the following:

(A) If the unit's NO_x emissions rate and heat input are monitored and reported for only one control period, in accordance with subdivisions (2) and (3), the unit's total heat input, in million British thermal units (MMBtu), for the control period.

(B) If the unit's NO_x emissions rate and heat input are monitored and reported for more than one control period, in accordance with subdivisions (2) through (4), the average of the amounts of the unit's total heat input, in million British thermal units (MMBtu), for the control periods under subdivisions (3) and (4).

(6) The unit's baseline NO_x emission rate shall equal one (1) of the following:

(A) If the unit's NO_x emissions rate and heat input are monitored and reported for only one control period, in accordance with subdivisions (2) and (3), the unit's NO_x emissions rate, in pounds per million British thermal units (lb/MMBtu), for the control period.

(B) If the unit's NO_x emissions rate and heat input are monitored and reported for more than one control period, in accordance with subdivisions (2) through (4), and the unit does not have add-on NO_x emission controls during any such control periods, the average of the amounts of the unit's NO_x emissions rate in pounds per million British thermal units (lb/MMBtu), for the control periods under subdivisions (3) and (4).

(C) If the unit's NO_x emissions rate and heat input are monitored and reported for more than one control period, in accordance with subdivisions (2) through (4), and the unit has add-on NO_x emission controls during any such control periods, the average of the amounts of the unit's NO_x emissions rate in pounds per million British thermal units (lb/MMBtu), for such control periods during which the unit has add-on NO_x emission controls.

(7) After calculating the baseline heat input and the baseline NO_x emissions rate for the unit under subdivisions (5) and (6) and if the department determines that the CAIR designated representative shows that the unit meets the requirements for a CAIR NO_x opt-in unit in subsection (a) and meets the elements certified in subsection (e)(2), the department shall issue a CAIR opt-in permit. The department shall provide a copy of the CAIR opt-in permit to the U.S. EPA, who will then establish a compliance account for the source that includes the CAIR NO_x opt-in unit unless the source already has a compliance account.

(8) Notwithstanding subdivisions (1) through (7), if at any time before issuance of a CAIR opt-in permit for the unit, the department determines that the CAIR designated representative fails to show that the unit meets the requirements for a CAIR NO_x opt-in unit in subsection (a) or meets the elements certified in subsection (e)(2), the department shall issue a denial of a CAIR opt-in permit for the unit.

(9) A unit for which an initial CAIR opt-in permit is issued by the department shall become a CAIR NO_x opt-in unit, and a CAIR NO_x unit, as of the later of January 1, 2009, or January 1 of the first control period during which such CAIR opt-in permit is issued.

(10) If a CAIR designated representative requests, and the department issues, a CAIR opt-in permit providing for, allocation to a CAIR NO_x opt-in unit of CAIR NO_x allowances under subsection (j)(4) and such unit is repowered after its date of entry into the CAIR NO_x annual trading program under subdivision (9), the repowered unit shall be treated as a CAIR NO_x opt-in unit replacing the original CAIR NO_x opt-in unit, as of the date of start-up of the repowered unit's combustion chamber. Notwithstanding subdivisions (5) and (6), as of the date of start-up, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline NO_x emission rate as the original CAIR NO_x opt-in unit, and the original CAIR NO_x opt-in unit shall no longer be treated as a CAIR NO_x opt-in unit or a CAIR NO_x unit.

  (g) The following shall apply to the content of each CAIR opt-in permit:

(1) Each opt-in permit shall contain:

(A) All elements required for a complete CAIR permit application under section 7(c) of this rule.

(B) The certification in subsection (e)(2).

(C) The unit's baseline heat input under subsection (f)(5).

(D) The unit's baseline NO_x emission rate under subsection (f)(6).

(E) A statement whether the unit is to be allocated CAIR NO_x allowances under subsection (j)(3) or (j)(4), subject to the conditions in subsections (f)(10) and (h).

(F) A statement that the unit may withdraw from the CAIR NO_x annual trading program only in accordance with subsection (h).

(G) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of subsection (i).

(2) Each CAIR opt-in permit is deemed to incorporate automatically the definitions under section 2 of this rule and, upon recordation by the U.S. EPA under this section and sections 9 and 10 of this rule, every allocation, transfer, or deduction of CAIR NO_x allowances to or from the compliance account of the source that includes a CAIR NO_x opt-in unit covered by the CAIR opt-in permit.

(3) The CAIR opt-in permit shall be included, in a format prescribed by the department, in the CAIR permit for the source where the CAIR opt-in unit is located and in a Part 70 operating permit or FESOP.

  (h) The following requirements must be satisfied in order to withdraw an opt-in unit from the CAIR NO_x annual trading program:

(1) Except as provided under subdivision (8), a CAIR NO_x opt-in unit may withdraw from the CAIR NO_x annual trading program, but only if the department issues a notification to the CAIR designated representative of the CAIR NO_x opt-in unit of the acceptance of the withdrawal of the CAIR NO_x opt-in unit in accordance with subdivision (6).

(2) In order to withdraw a CAIR NO_x opt-in unit from the CAIR NO_x annual trading program, the CAIR designated representative of the CAIR NO_x opt-in unit shall submit to the department a request to withdraw effective as of midnight of December 31 of a specified calendar year, which date must be at least four (4) years after December 31 of the year of entry into the CAIR NO_x annual trading program under subsection (f)(9). The request must be submitted not later than ninety (90) days before the requested effective date of withdrawal.

(3) Before a CAIR NO_x opt-in unit covered by a request under subdivision (1) may withdraw from the CAIR NO_x annual trading program and the CAIR opt-in permit may be terminated under subdivision (7), the following conditions must be met:

(A) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO_x opt-in unit must meet the requirement to hold CAIR NO_x allowances under section 4(c) of this rule and cannot have any excess emissions.

(B) After the requirement for withdrawal under clause (A) is met, the U.S. EPA will deduct from the compliance account of the source that includes the CAIR NO_x opt-in unit CAIR NO_x allowances equal in amount to, and allocated for, the same or a prior control period as any CAIR NO_x allowances allocated to the CAIR NO_x opt-in unit under subsection (j) for any control period for which the withdrawal is to be effective. If there are no remaining CAIR NO_x units at the source, the U.S. EPA will close the compliance account, and the owners and operators of the CAIR NO_x opt-in unit may submit a CAIR NO_x allowance transfer for any remaining CAIR NO_x allowances to another CAIR NO_x allowance tracking system in accordance with section 10 of this rule.

(4) After the requirements for withdrawal under subdivisions (2) and (3) are met, including deduction of the full amount of CAIR NO_x allowances required, the department shall issue a notification to the CAIR designated representative of the CAIR NO_x opt-in unit of the acceptance of the withdrawal of the CAIR NO_x opt-in unit as of midnight on December 31 of the calendar year for which the withdrawal was requested.

(5) If the requirements for withdrawal under subdivisions (2) and (3) are not met, the department shall issue a notification to the CAIR designated representative of the CAIR NO_x opt-in unit that the CAIR NO_x opt-in unit's request to withdraw is denied. Such CAIR NO_x opt-in unit shall continue to be a CAIR NO_x opt-in unit.

(6) After the department issues a notification under subdivision (4) that the requirements for withdrawal have been met, the department shall revise the CAIR permit covering the CAIR NO_x opt-in unit to terminate the CAIR opt-in permit for such unit as of the effective date specified under subdivision (4). The unit shall continue to be a CAIR NO_x opt-in unit until the effective date of the termination and shall comply with all requirements under the CAIR NO_x annual trading program concerning any control periods for which the unit is a CAIR NO_x opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

(7) If the department denies the CAIR NO_x opt-in unit's request to withdraw, the CAIR designated representative may submit another request to withdraw in accordance with subdivisions (2) and (3).

(8) Notwithstanding subdivisions (1) through (7), a CAIR NO_x opt-in unit shall not be eligible to withdraw from the CAIR NO_x annual trading program if the CAIR designated representative of the CAIR NO_x opt-in unit requests, and the department issues, a CAIR NO_x opt-in permit providing for, allocation to the CAIR NO_x opt-in unit of CAIR NO_x allowances under subsection (j)(4).

(9) Once a CAIR NO_x opt-in unit withdraws from the CAIR NO_x annual trading program and its CAIR opt-in permit is terminated under this section, the CAIR designated representative may not submit another application for a CAIR opt-in permit under subsection (e) for such CAIR NO_x opt-in unit before the date that is four (4) years after the date on which the withdrawal became effective. Such new application for a CAIR opt-in permit shall be treated as an initial application for a CAIR opt-in permit under subsection (f).

  (i) When a CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule, then the CAIR designated representative shall notify, in writing, the department and the U.S. EPA of such change in the CAIR NO_x opt-in unit's regulatory status, within thirty (30) days of such change. If there is a change in the regulatory status, the department and the U.S. EPA will take the following actions concerning the CAIR NO_x opt-in source:

(1) When the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule, the department shall revise the CAIR NO_x opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit under section 7(d) and (7)(e) of this rule, and remove the CAIR opt-in permit provisions, as of the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule.

(2) The U.S. EPA will deduct from the compliance account of the source that includes the CAIR NO_x opt-in unit that becomes a CAIR NO_x unit under section 1 of this rule, CAIR NO_x allowances equal in amount to and allocated for the same or a prior control period as follows:

(A) Any CAIR NO_x allowances allocated to the CAIR NO_x opt-in unit under subsection (j) for any control period after the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule.

(B) If the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule is not December 31, the CAIR NO_x allowances allocated to the CAIR NO_x opt-in unit under subsection (j) for the control period that includes the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule, multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate.

(3) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO_x opt-in unit that becomes a CAIR NO_x unit under section 1 of this rule contains the CAIR NO_x allowances necessary for completion of the deduction under subdivision (2).

(4) For every control period after the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule, the CAIR NO_x opt-in unit shall be allocated CAIR NO_x allowance allocations under section 8(c) of this rule.

(5) Notwithstanding subdivision (4), if the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule is not December 31, the following amount of CAIR NO_x allowances shall be allocated to the CAIR NO_x opt-in unit, as a CAIR NO_x unit, under section 8(c) of this rule for the control period that includes the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule:

(A) the amount of CAIR NO_x allowances otherwise allocated to the CAIR NO_x opt-in unit, as a CAIR NO_x unit, under section 8(c) of this rule for the control period;

(B) multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NO_x opt-in unit becomes a CAIR NO_x unit under section 1 of this rule, divided by the total number of days in the control period; and

(C) rounded to the nearest whole allowance, as appropriate.

  (j) The department shall allocate CAIR NO_x allowances to CAIR NO_x opt-in sources as follows:

(1) When the CAIR opt-in permit is issued under subsection (f)(7), the department shall allocate CAIR NO_x allowances to the CAIR NO_x opt-in unit, and submit to the U.S. EPA the allocation for the control period in which a CAIR NO_x opt-in unit enters the CAIR NO_x annual trading program under subsection (f)(9), in accordance with subdivision (3) or (4).

(2) By not later than October 31 of the control period in which a CAIR NO_x opt-in unit enters the CAIR NO_x annual trading program under subsection (f)(9) and October 31 of each year thereafter, the department shall allocate CAIR NO_x allowances to the CAIR NO_x opt-in unit, and submit to the U.S. EPA the allocation for the control period that includes such submission deadline and in which the unit is a CAIR NO_x opt-in unit, in accordance with subdivision (3) or (4).

(3) For each control period for which a CAIR NO_x opt-in unit is to be allocated CAIR NO_x allowances, the department shall allocate in accordance with the following procedures:

(A) The heat input, in million British thermal units (MMBtu), used for calculating the CAIR NO_x allowance allocation shall be the lesser of the following:

(i) The CAIR NO_x opt-in unit's baseline heat input determined under subsection (f)(9).

(ii) The CAIR NO_x opt-in unit's heat input, as determined in accordance with section 11 of this rule, for the immediately prior control period, except when the allocation is being calculated for the control period in which the CAIR NO_x opt-in unit enters the CAIR NO_x annual trading program under subsection (f)(9).

(B) The NO_x emission rate, in million British thermal units (MMBtu), used for calculating CAIR NO_x allowance allocations shall be the lesser of the following:

(i) The CAIR NO_x opt-in unit's baseline NO_x emissions rate, in pounds per million British thermal units (lb/MMBtu), determined under subsection (f)(6) and multiplied by seventy percent (70%).

(ii) The most stringent state or federal NO_x emissions limitation applicable to the CAIR NO_x opt-in unit at any time during the control period for which CAIR NO_x allowances are to be allocated.

(C) The department shall allocate CAIR NO_x allowances to the CAIR NO_x opt-in unit in an amount equaling the heat input under clause (A), multiplied by the NO_x emission rate under clause (B), divided by two thousand (2,000) pounds per ton, and rounded to the nearest whole allowance as appropriate.

(4) Notwithstanding subdivision (3), if the CAIR designated representative requests, and if the department issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under subsection (e)(5)) providing for, allocation to a CAIR NO_x opt-in unit of CAIR NO_x allowances under this subdivision, subject to the conditions in subsections (f)(10) and (h), the department shall allocate to the CAIR NO_x opt-in unit as follows:

(A) For each control period in 2009 through 2014 the CAIR NO_x opt-in unit is to be allocated CAIR NO_x allowances as follows:

(i) The heat input, in million British thermal units (MMBtu), used for calculating CAIR NO_x allowance allocations shall be determined as described in subdivision (3)(A).

(ii) The NO_x emission rate, in pounds per million British thermal units (lb/MMBtu), used for calculating CAIR NO_x allowance allocations shall be the lesser of the following:

(AA) The CAIR NO_x opt-in unit's baseline NO_x emissions rate, in pounds per million British thermal units (lb/MMBtu), determined under subsection (f)(6).

(BB) The most stringent state or federal NO_x emissions limitation applicable to the CAIR NO_x opt-in unit at any time during the control period in which the CAIR NO_x opt-in unit enters the CAIR NO_x annual trading program under subsection (f)(9).

(iii) The department shall allocate CAIR NO_x allowances to the CAIR NO_x opt-in unit in an amount equal to the heat input under item (i), multiplied by the NO_x emission rate under item (ii), divided by two thousand (2,000) pounds per ton, and rounded to the nearest whole allowance as appropriate.

(B) For each control period in 2015 and thereafter the CAIR NO_x opt-in unit is to be allocated CAIR NO_x allowances as follows:

(i) The heat input, in million British thermal units (MMBtu), used for calculating the CAIR NO_x allowance allocations shall be determined as described in subdivision (3)(A).

(ii) The NO_x emission rate, in pounds per million British thermal units (lb/MMBtu), used for calculating the CAIR NO_x allowance allocation shall be the lesser of the following:

(AA) Fifteen-hundredths (0.15) pounds per million British thermal units (lb/MMBtu).

(BB) The CAIR NO_x opt-in unit's baseline NO_x emissions rate, in pounds per million British thermal units (lb/MMBtu), determined under subsection (f)(6).

(CC) The most stringent state or federal NO_x emissions limitation applicable to the CAIR NO_x opt-in unit at any time during the control period for which CAIR NO_x allowances are to be allocated.

(iii) The department shall allocate CAIR NO_x allowances to the CAIR NO_x opt-in unit in an amount equaling the heat input item (i), multiplied by the NO_x emission rate under item (ii), divided by two thousand (2,000) pounds per ton, and rounded to the nearest whole allowance as appropriate.

(5) The U.S. EPA will record, in the compliance account of the source that includes the CAIR NO_x opt-in unit, the CAIR NO_x allowances allocated by the department to the CAIR NO_x opt-in unit under subdivision (1).

(6) By December 1 of the control period in which a CAIR NO_x opt-in unit enters the CAIR NO_x annual trading program under subsection (f)(9) and December 1 of each year thereafter, the U.S. EPA will record, in the compliance account of the source that includes the CAIR NO_x opt-in unit, the CAIR NO_x allowances allocated by the department to the CAIR NO_x opt-in unit under subdivision (2).

  *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 24-1-12; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA; errata filed Jan 29, 2007, 2:43 p.m.: 20070221-IR-326050117ACA; filed May 12, 2009, 11:16 a.m.: 20090610-IR-326080005FRA)