Section 326IAC24-2-7. Permit requirements

   (a) For each CAIR SO₂ source required to have a federally enforceable permit, the permit shall include a CAIR permit administered by the department as follows:

(1) The CAIR portion of the Part 70 permit under 326 IAC 2-7 shall be administered in accordance with 326 IAC 2-7 or the CAIR portion of the federally enforceable state operating permit (FESOP) shall be administered in accordance with 326 IAC 2-8, as applicable, except as provided otherwise by this section or sections 3 and 11 of this rule.

(2) Each CAIR permit, including a draft or proposed CAIR permit, if applicable, shall contain, with regard to the CAIR SO₂ source and the CAIR SO₂ units at the source covered by the CAIR permit, all applicable CAIR SO₂ trading program, CAIR NO_x annual trading program, and CAIR NO_x ozone season 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 SO₂ 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 SO₂ unit at the source at least two hundred seventy (270) days before the later of January 1, 2010, or the date on which the CAIR SO₂ unit commences commercial operation, except as provided in section 11(e) of this rule.

(2) For a CAIR SO₂ 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 SO₂ 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 11(e) of this rule.

  (c) A complete CAIR permit application shall include the following elements concerning the CAIR SO₂ source for which the application is submitted:

(1) Identification of the CAIR SO₂ source.

(2) Identification of each CAIR SO₂ unit at the CAIR SO₂ 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, or 11 of this rule, every allocation, transfer, or deduction of a CAIR SO₂ allowance to or from the compliance account of the CAIR SO₂ 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 SO₂ 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 permit modification and revision provisions under 326 IAC 2-7 or 326 IAC 2-8, as applicable. (Air Pollution Control Division; 326 IAC 24-2-7; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA; filed May 12, 2009, 11:16 a.m.: 20090610-IR-326080005FRA)