Section 326IAC24-1-7. Permit requirements

   (a) For each CAIR NO_x source required to have a federally enforceable permit, the permit shall include a CAIR permit administered by the department as follows:

(1) For CAIR NO_x sources required to have a Part 70 operating permit under 326 IAC 2-7, the CAIR portion of the Part 70 operating permit shall be administered in accordance with 326 IAC 2-7, except as provided otherwise by this section and sections 3 and 12 of this rule.

(2) For CAIR NO_x sources required to have a FESOP under 326 IAC 2-8, the CAIR portion of the FESOP shall be administered in accordance with 326 IAC 2-8, except as provided otherwise by this section and sections 3 and 12 of this rule.

(3) Each CAIR permit, including a draft or proposed CAIR permit, if applicable, shall contain, with regard to the CAIR NO_x source and the CAIR NO_x units at the source covered by the CAIR permit, all applicable CAIR NO_x annual trading program, CAIR NO_x ozone season trading program, and CAIR SO₂ trading program requirements and shall be a complete and separable portion of the Part 70 operating permit or FESOP.

  (b) Requirements for the submission of CAIR permit applications are as follows:

(1) The CAIR designated representative of any CAIR NO_x source required to have a Part 70 operating permit or FESOP shall submit to the department a complete CAIR permit application under subsection (c) for the source covering each CAIR NO_x unit at the source at least two hundred seventy (270) days before the later of January 1, 2009, or the date on which the CAIR NO_x unit commences commercial operation, except as provided in section 12(e) of this rule.

(2) For a CAIR NO_x source required to have a Part 70 operating permit or FESOP, the CAIR designated representative shall submit a complete CAIR permit application under subsection (c) for the source covering each CAIR NO_x unit at the source to renew the CAIR permit in accordance with 326 IAC 2-7-4(a)(1)(D) or 326 IAC 2-8-3(h), as applicable, except as provided in section 12(e) of this rule.

  (c) A complete CAIR permit application shall include the following elements concerning the CAIR NO_x source for which the application is submitted:

(1) Identification of the CAIR NO_x source.

(2) Identification of each CAIR NO_x unit at the CAIR NO_x source.

(3) The standard requirements under section 4 of this rule.

  (d) Each CAIR permit shall contain, in a format prescribed by the department, all elements required for a complete CAIR permit application under subsection (c).

  (e) Each CAIR permit is deemed to incorporate automatically the definitions of terms under section 2 of this rule and, upon recordation by the U.S. EPA under section 8, 9, 10, or 12 of this rule, every allocation, transfer, or deduction of a CAIR NO_x allowance to or from the compliance account of the CAIR NO_x source covered by the permit.

  (f) The initial CAIR permit covering a CAIR unit for which a complete CAIR permit application is timely submitted under subsection (b) shall become effective upon issuance.

  (g) The term of the CAIR permit shall be set by the department, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NO_x source's Part 70 operating permit or FESOP.

  (h) Except as provided in subsection (e), the department shall revise the CAIR permit, as necessary, in accordance with the following:

(1) The permit modification and revision provisions under 326 IAC 2-7, for a CAIR source with a Part 70 operating permit.

(2) The permit modification and revision provisions under 326 IAC 2-8, for a CAIR source with a FESOP.

(Air Pollution Control Division; 326 IAC 24-1-7; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA; filed May 12, 2009, 11:16 a.m.: 20090610-IR-326080005FRA)