Authority: IC 13-14-8-1; IC 13-14-9; IC 13-17-3-4

Affected: IC 13-17-3

Sec. 5. (a) The owner or operator of an affected source may propose an emission averaging program in lieu of the applicable emissions limitations. Both affected facilities and non-affected facilities may be utilized in the averaging program.

(b) Any proposed emission averaging program shall comply with the following requirements:

(1) The owner or operator shall specify:

(A) the RACT emissions limitation for each affected facility involved in the emission averaging program; and

(B) a clearly enforceable proposed emissions limitation for each facility or group of facilities involved in the emission averaging program.

(2) The proposed emission averaging program must result in NOx emissions reductions that are equal to or greater than the emission reductions required by this rule if an emission averaging program were not employed.

(3) Reductions under the emission averaging program must be:

(A) real;

(B) quantifiable;

(C) enforceable; and

(D) in excess of any state or federal requirements.

(4) For purposes of determining the reductions, the actual emissions in tons per year, from all facilities included in the averaging program, are subtracted from the lesser of either the actual annual average emissions prior to when the actual reduction occurs or the allowable emissions.

(5) A shutdown is creditable only to the extent that the owner or operator can demonstrate to the satisfaction of the department that the shutdown does not correspond to load-shifting or other activity which results in or could result in an equivalent or greater emission increase and that the reduction accounts for any increase in NOx emissions from other facilities as a result of the shutdown.

(6) The affected facility must achieve compliance with the proposed emissions limitation in accordance with the compliance deadlines in section 9 of this rule.

(7) Owners or operators must submit a report to the department by March 31 of each year demonstrating that the equivalent reduction requirements established under the facility's emission averaging program in accordance with section 5 of this rule have been achieved for the previous calendar year.

(c) Any emission averaging program approved by the department shall be submitted to and approved by U.S. EPA as a revision of the Indiana state implementation plan. An emission averaging program shall not be federally enforceable until U.S. EPA approves the program as part of the Indiana state implementation plan.

(Air Pollution Control Division; 326 IAC 10-7-5; filed Oct 27, 2025, 10:54 a.m.: 20251126-IR-326250204FRA)