20060809-IR-326050078FRA Amends 326 IAC 2-6-1, 326 IAC 2-6-3, and 326 IAC 2-6-4 concerning emission reporting requirements. Effective 30 days after filing with the Publisher.  

  • TITLE 326 AIR POLLUTION CONTROL BOARD

    Final Rule
    LSA Document #05-78(F)

    DIGEST

    Amends 326 IAC 2-6-1, 326 IAC 2-6-3, and 326 IAC 2-6-4 concerning emission reporting requirements. Effective 30 days after filing with the Publisher.


    HISTORY
    First Notice: May 1, 2005, Indiana Register (28 IR 2463).
    Second Notice and Notice of First Hearing: September 1, 2005, Indiana Register (28 IR 3667).
    Date of First Hearing: December 7, 2005.
    Proposed Rule and Notice of Second Hearing: January 1, 2006, Indiana Register (29 IR 1254).
    Date of Second Hearing: February 1, 2006. Hearing opened and continued to March 1, 2006.


    SECTION 1. 326 IAC 2-6-1 IS AMENDED TO READ AS FOLLOWS:

    326 IAC 2-6-1 Applicability

    Authority: IC 13-14-8; IC 13-17-3
    Affected: IC 13-15; IC 13-17


    Sec. 1. (a) This rule applies to all of the following:
    (1) Sources required to have an operating permit under 326 IAC 2-7, Part 70 Permit Program.
    (2) Sources located in the following counties that emit volatile organic compounds (VOC) or oxides of nitrogen (NOx) into the ambient air at levels equal to or greater than twenty-five (25) tons per year:
    (A) Lake.
    (B) Porter.
    (C) LaPorte.
    (3) Sources that emit lead into the ambient air at levels equal to or greater than five (5) tons per year.

    (b) All sources permitted by the department are subject to section 5 of this rule, additional information requests.

    (c) Sources covered by subsection (a) must comply with the compliance schedule in section 3 of this rule.
    (Air Pollution Control Board; 326 IAC 2-6-1; filed Nov 12, 1993, 4:00 p.m.: 17 IR 732; filed Feb 26, 2004, 3:45 p.m.: 27 IR 2210; filed Jul 14, 2006, 1:25 p.m.: 20060809-IR-326050078FRA)


    SECTION 2. 326 IAC 2-6-3 IS AMENDED TO READ AS FOLLOWS:

    326 IAC 2-6-3 Compliance schedule

    Authority: IC 13-14-8; IC 13-17-3
    Affected: IC 13-15; IC 13-17


    Sec. 3. (a) The owner or operator of a source subject to section 1(a) of this rule must submit an emission statement covering the previous calendar year to the department according to the following schedule:
    (1) Annually, by July 1, for sources subject to section 1(a)(2) of this rule or with the potential to emit annual emissions greater than or equal to any of the following emission thresholds:
    (A) Two thousand five hundred (2,500) tons per year of any of the following:
    (i) Carbon monoxide.
    (B) Two thousand five hundred (2,500) tons per year of (ii) Oxides of nitrogen.
    (C) Two thousand five hundred (2,500) tons per year of (iii) Sulfur dioxide.
    (D) (B) Two hundred fifty (250) tons per year of either of the following:
    (i) Particulate matter less than or equal to ten (10) micrometers (PM10).
    (E) Two hundred fifty (250) tons per year of (ii) Volatile organic compounds.
    (2) Triennially, by July 1, according to the schedule in subsection (b) for all sources not subject to annual reporting in subdivsion subdivision (1).

    (b) The county schedule for reporting under subsection (a)(2) is as follows:
    (1) Starting in 2004, and every three (3) years thereafter, sources located in the following counties must submit an emission statement:
    (A) Adams County.
    (B) Allen County.
    (C) Benton County.
    (D) Carroll County.
    (E) Cass County.
    (F) Dekalb County.
    (G) Elkhart County.
    (H) Fulton County.
    (I) Huntington County.
    (J) Jasper County.
    (K) Kosciusko County.
    (L) LaGrange County.
    (M) Lake County.
    (N) LaPorte County.
    (O) Marshall County.
    (P) Miami County.
    (Q) Newton County.
    (R) Noble County.
    (S) Porter County.
    (T) Pulaski County.
    (U) St. Joseph County.
    (V) Starke County.
    (W) Steuben County.
    (X) Wabash County.
    (Y) Wells County.
    (Z) White County.
    (AA) Whitley County.
    (2) Starting in 2005, and every three (3) years thereafter, sources located in the following counties must submit an emission statement:
    (A) Blackford County.
    (B) Boone County.
    (C) Clinton County.
    (D) Delaware County.
    (E) Fayette County.
    (F) Fountain County.
    (G) Grant County.
    (H) Hamilton County.
    (I) Hancock County.
    (J) Hendricks County.
    (K) Henry County.
    (L) Howard County.
    (M) Jay County.
    (N) Johnson County.
    (O) Madison County.
    (P) Marion County.
    (Q) Montgomery County.
    (R) Morgan County.
    (S) Parke County.
    (T) Putnam County.
    (U) Randolph County.
    (V) Rush County.
    (W) Shelby County.
    (X) Tippecanoe County.
    (Y) Tipton County.
    (Z) Union County.
    (AA) Warren County.
    (BB) Wayne County.
    (3) Starting in 2006, and every three (3) years thereafter, sources located in the following counties must submit an emission statement:
    (A) Bartholomew County.
    (B) Brown County.
    (C) Clark County.
    (D) Clay County.
    (E) Crawford County.
    (F) Daviess County.
    (G) Dearborn County.
    (H) Decatur County.
    (I) Dubois County.
    (J) Floyd County.
    (K) Franklin County.
    (L) Gibson County.
    (M) Greene County.
    (N) Harrison County.
    (O) Jackson County.
    (P) Jefferson County.
    (Q) Jennings County.
    (R) Knox County.
    (S) Lawrence County.
    (T) Martin County.
    (U) Monroe County.
    (V) Ohio County.
    (W) Orange County.
    (X) Owen County.
    (Y) Perry County.
    (Z) Pike County.
    (AA) Posey County.
    (BB) Ripley County.
    (CC) Scott County.
    (DD) Spencer County.
    (EE) Sullivan County.
    (FF) Switzerland County.
    (GG) Vanderburgh County.
    (HH) Vermillion County.
    (II) Vigo County.
    (JJ) Warrick County.
    (KK) Washington County.

    (c) The department will make available emission statement reporting forms to sources subject to this rule.

    (d) Sources subject to this rule may submit their emission statement as follows:
    (1) Electronically. Sources that submit their emission statement electronically must submit to the department a certification that complies with section 4(c)(1) of this rule by the submission deadline.
    (2) By mail. The United States Postal Service postmark is the submittal date.
    (3) By private carrier. Records of dates of receipt and delivery by the service must be maintained.
    (4) By hand delivery to the office of air quality, Indianapolis, Indiana.
    (Air Pollution Control Board; 326 IAC 2-6-3; filed Nov 12, 1993, 4:00 p.m.: 17 IR 734; filed Feb 26, 2004, 3:45 p.m.: 27 IR 2212; filed Jul 14, 2006, 1:25 p.m.: 20060809-IR-326050078FRA)


    SECTION 3. 326 IAC 2-6-4 IS AMENDED TO READ AS FOLLOWS:

    326 IAC 2-6-4 Requirements

    Authority: IC 13-14-8; IC 13-17-3
    Affected: IC 13-15; IC 13-17


    Sec. 4. (a) A source subject to section 1(a) of this rule shall report estimated actual emissions in the emission statement of the following pollutants:
    (1) Carbon monoxide (CO).
    (2) Volatile organic compounds (VOC).
    (3) Oxides of nitrogen (NOx).
    (4) Particulate matter less than or equal to ten (10) micrometers (PM10).
    (5) Sulfur dioxide (SO2).
    (6) Lead and lead compounds, including any unique chemical substance that contains lead.
    (7) Particulate matter less than or equal to two and five-tenths (2.5) micrometers (PM2.5).
    (8) Ammonia (NH3).

    (b) Emissions from processes that are insignificant or trivial activities as defined in 326 IAC 2-7-1(21) and 326 IAC 2-7-1(40) are not required to be reported in an emission statement.

    (c) The emission statement submitted by the source must contain, at a minimum, the following information:
    (1) Certification by a responsible official that the information in the emission statement is accurate based on reasonable estimates using data available to the preparers and on a reasonable inquiry into records and persons responsible for the operation of the source, and is true, accurate, and complete. The certification shall include the:
    (A) full name;
    (B) title;
    (C) signature;
    (D) date of signature; and
    (E) telephone number;
    of the person signing the certification.
    (2) Source identification information, to include the following:
    (A) Full name, physical location, and mailing address of the source.
    (B) Source universal transverse mercator (UTM) or latitude and longitude.
    (C) North American Industry Classification System (NAICS) code.
    (3) Operating data, for each emission unit or emissions group, to include the following:
    (A) Percent annual throughput by quarter as defined in section 2 of this rule.
    (B) Days per week in operation.
    (C) Design capacity.
    (D) Hours per day in operation.
    (E) Hours per year in operation.
    (F) Maximum nameplate capacity.
    (4) For reporting purposes, multiple stacks that vent to the atmosphere may be grouped together to reflect any grouping of process units. Stack parameters include the following:
    (A) Stack identification.
    (B) Stack height and diameter (in feet).
    (C) Universal transverse mercator (UTM) or latitude and longitude coordinates.
    (D) Exit gas temperature (degrees Fahrenheit).
    (E) Exit gas flow rates in cubic feet per minute.
    (5) Emissions information for each process, to include the following:
    (A) The estimated actual emissions of all pollutants listed in subsection (a) at the process level in tons per year. Actual emission estimates must:
    (i) include upsets, downtime, and fugitive emissions; and must
    (ii) follow an emission estimation method.
    Fugitive emissions may be reported as plantwide or grouped together in a logical manner. If control efficiencies are adjusted because of upsets, downtime, and malfunctions, information must be provided about how the control efficiencies are calculated.
    (B) Emissions of VOC, and PM10, and PM2.5 shall be reported as total VOC, and PM10, and PM2.5 emissions, respectively.
    (C) Calendar year for the emissions.
    (D) Estimated emissions method code provided by the department.
    (E) Emission factor, if part of emissions calculation. Acceptable sources of an emission factor include the following:
    (i) AP-42, "Compilation of Air Pollutant Emission Factors AP-42" as defined at 326 IAC 1-2-20.5.
    (ii) Site-specific values accepted by the department and the U.S. EPA.
    (iii) Other documentable methodology accepted by the department and the U.S. EPA.
    (F) Source classification code (SCC).
    (G) Annual process rate (annual throughput) to the extent it is part of emissions calculation.
    (H) Ash content, If part of emissions calculation, the following:
    (i) Ash content.
    (I) (ii) Sulfur content. if part of emissions calculation.
    (J) (iii) Heat content. if part of emissions calculation.
    (6) Control equipment information, to include the following:
    (A) Capture efficiency.
    (B) Current control equipment efficiency percentage unless a controlled emission factor is applied. The actual efficiency should reflect the total control efficiency from all control equipment for each process pollutant. If the actual control efficiency is unavailable, the:
    (i) efficiency designed by the manufacturer may be used; or the
    (ii) control efficiency limit imposed by a permit should be used.
    (C) Control equipment identification code.

    (d) Nothing in this rule requires stack testing.
    (Air Pollution Control Board; 326 IAC 2-6-4; filed Nov 12, 1993, 4:00 p.m.: 17 IR 734; errata, 17 IR 1009; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1566; filed Feb 26, 2004, 3:45 p.m.: 27 IR 2213; filed Jul 14, 2006, 1:25 p.m.: 20060809-IR-326050078FRA)


    LSA Document #05-78(F)
    Proposed Rule: January 1, 2006; 29 IR 1254
    Hearing Held: February 1, 2006
    Approved by Attorney General: June 29, 2006
    Approved by Governor: July 13, 2006
    Filed with Publisher: July 14, 2006, 1:25 p.m.
    Documents Incorporated by Reference: None Received by Publisher

    Posted: 08/09/2006 by Legislative Services Agency

    DIN: 20060809-IR-326050078FRA
    Composed: Oct 31,2016 11:28:02PM EDT
    A PDF version of this document.