Section 326IAC6.8-8-8. Plan; department review

   (a) The department shall review the continuous compliance plan (CCP). The department may at any time request, in writing, any of the following:

(1) A CCP to be revised to include additional documentation or practices as needed to allow the department to verify that operation and maintenance practices critical to continuous compliance with the applicable mass and opacity limits are being followed.

(2) A compliance test to be conducted with the compliance test methods specified in this 326 IAC 6.8-2 through 326 IAC 6.8-7 and this rule if the department determines that the procedures specified in the CCP are not being followed or are inadequate to assure continuous compliance. The compliance test may consist of a series of opacity measurements of frequency and duration specified by the department or a stack test. The department may request that information be collected during the test to determine proper operation and maintenance procedures needed to assure continuous compliance with applicable mass and opacity limits.

  (b) The source shall respond, in writing, within thirty (30) days of a request per subsection (a). The source shall either provide an expeditious schedule, not to exceed sixty (60) days, for providing the information requested by the department or petition the department for an alternative to the request. A schedule for completion of an opacity compliance test shall not exceed thirty (30) days from the department's request. A source may petition the department for an alternative schedule based on practical problems in meeting the request.

  (c) The source shall:

(1) update the CCP, as needed;

(2) retain a copy of any changes and updates to the CCP on the property;

(3) make the updated CCP available for inspection by the department; and

(4) submit the updated CCP, if required, to the department within thirty (30) days of the update.

  (d) Failure to submit a CCP, maintain all information required by the continuous compliance plan on plant property, or submit a required update to a continuous compliance plan is a violation of 326 IAC 6.8-2 through 326 IAC 6.8-7 and this rule. Failure to respond to a request by the department under subsection (a) is a violation of 326 IAC 6.8-2 through 326 IAC 6.8-7 and this rule. The department may notify a source in writing of noncompliance with an action or procedure specified within a CCP and require that the source conduct a compliance test. If the compliance test demonstrates noncompliance with the applicable particulate matter or opacity limit, both the findings of noncompliance of the CCP and the compliance test shall be considered as violations of the applicable mass or opacity limit. A violation of an applicable particulate matter or opacity limit of 326 IAC 6.8-2 through 326 IAC 6.8-7 and this rule based either on a compliance test performed by the source or by observations or tests conducted by the department, is a violation of 326 IAC 6.8-2 through 326 IAC 6.8-7 and this rule. (Air Pollution Control Division; 326 IAC 6.8-8-8; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3539)