Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 9. (a) Except as provided in subsections (b) and (d), each designated facility shall be in compliance with:

1. (1) the emission limits in section 4(a) of this rule by March 31, 2002; and
2. (2) the emission limits in section 4(b) or 4(c) of this rule within one (1) year after the effective date of the 2011 amendments to this rule;

regardless of whether the designated facility is identified in the state plan inventory required by 40 CFR 60, Subpart B, Section 60.25(a)*.

(b) The owner or operator of a designated facility planning to install the necessary air pollution control equipment to meet the emission limits in section 4(b) or 4(c) of this rule shall be in compliance with the emission limits in section 4(b) or 4(c) of this rule no later than October 6, 2014, provided that the designated facility complies with the measurable and enforceable incremental steps of progress in this subsection. The owner or operator of the designated facility shall do the following:

1. (1) Submit a final control plan to the department no later than October 6, 2012.
2. (2) Award contracts for emission control systems or for process modifications, or issuance of orders for the purchase of component parts to accomplish emission control or process modifications no later than May 6, 2013.
3. (3) Initiate on-site construction or installation of emission control equipment or process change no later than January 6, 2014.
4. (4) Complete on-site construction or installation of emission control equipment or process change no later than August 6, 2014.
5. (5) Be in final compliance no later than October 6, 2014.

(c) The owner or operator shall notify the department within thirty (30) days of the applicable date in subsection (b) if an incremental step of progress is not completed by that date. Notifying the department under this subsection does not preclude an enforcement action for failure to meet the compliance dates in subsection (b).

(d) The owner or operator of a designated facility may petition the department to establish an alternative compliance schedule for closure of the incinerator for installation of an on-site alternative waste treatment technology. The compliance schedule shall allow final compliance no later than October 6, 2014. The designated facility requesting an extension shall submit the following information to the department within eight (8) months from the effective date of the 2011 amendments to this rule:

1. (1) Documentation of the analyses undertaken to support the need for an extension, including an explanation of why additional time is necessary. The documentation shall include an evaluation of the option to transport the waste off-site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis.
2. (2) A detailed compliance plan including documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with this rule.

(e) The department shall grant or deny the petition for extension stating reasons for granting or denying in a written response to the facility within one hundred twenty (120) days of receipt of a complete petition containing the information required in subsection (d).

(f) An owner or operator of a designated facility shall be in compliance with the operator training and qualification requirements of section 5(a) of this rule by March 11, 2000.

*Copies of the Code of Federal Regulations (CFR) referenced in this rule may be obtained from the Government Printing Office, Washington, D.C. 20402 and are available for copying at the Indiana Department of Environmental Management, Office of Air Management, Indiana Government Center North, 100 North Senate Avenue, Tenth Floor, Indianapolis, Indiana 46204.

(Air Pollution Control Division; 326 IAC 11-6-9; filed Feb 9, 1999, 4:28 p.m.: 22 IR 1966; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 28, 2011, 10:59 a.m.: 20111026-IR-326100733FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR- 326230809RFA)