Section 326IAC6-5-7. Approval of plans

   (a) Within three (3) months of receiving a control plan, the commissioner shall notify the source of:

(1) the approval of the control plan or request for an exemption;

(2) improvements that the commissioner deems necessary to the control plan; or

(3) disapproval of the control plan or request for an exemption.

  (b) If the commissioner finds a control plan or request for an exemption from the control plan to be incomplete, the applicant shall provide the board the required additional information.

  (c) The commissioner shall approve control plans which contain any RCM specified in 326 IAC 6-5-4. In determining if (i) an alternate control measure represents a RCM, or (ii) exemptions from control plans are acceptable, the source shall submit and the commissioner shall consider information pertaining to factors, including, but not limited to the following:

(1) the impact on the environment in terms of any increase in water, air, or solid waste pollution emissions;

(2) the energy requirements of the selected control measure;

(3) the capital expenditure, impact on production, and operating costs to implement the selected control measure;

(4) the impact of these costs on the source; and

(5) any adverse worker or product safety implications of the selected control measure.

  (d) Sources that demonstrate to the satisfaction of the commissioner either that their fugitive emissions are not significantly impacting the air quality outside their property line or that the cost of controlling their fugitive emissions is not commensurate with the degree of air quality improvement to be achieved by implementing control measures pursuant to this rule (326 IAC 6-5) shall be exempted from implementing such controls.

  (e) If a control plan or request for an exemption from the plan is disapproved by the commissioner, the applicant shall have up to fifteen (15) days from the date of receipt of the disapproval letter to request, in writing, a hearing on the matter. In the event a hearing is requested, it shall be held in accordance with the requirements set forth in IC 4-22-1 or IC 4-21.5 and the burden of proof shall lie with the applicant to demonstrate why the control plan or request for an exemption from the plan is appropriate.

  (f) The control plan or exemption approved by the commissioner shall become part of the source's operation permit. (Air Pollution Control Division; 326 IAC 6-5-7; filed Mar 10, 1988, 1:20 pm: 11 IR 2505; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1568)