Authority: IC 13-14-8; IC 13-15-2; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 1. (a) A source must obtain all construction approvals prior to operating under this rule. A stationary or portable source that would otherwise be required to have a permit under 326 IAC 2-6.1, 326 IAC 2-7 or 326 IAC 2-8, or an operating agreement as described in 326 IAC 2-9 may limit its potential to emit by complying with the conditions of this rule. A source complying with this rule is not subject to 326 IAC 2-6.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9 unless:

1. (1) the source is required to obtain a Part 70 permit in accordance with 40 CFR 63, which requires a major affected source to have a Part 70 permit on the compliance date of an applicable NESHAP; or
2. (2) otherwise required by federal law.

(b) A stationary or portable source complying with this rule may at any time apply for a state operating permit under 326 IAC 2- 6.1, Part 70 permit under 326 IAC 2-7, a FESOP under 326 IAC 2-8, or an operating agreement under 326 IAC 2-9, as applicable.

(Air Pollution Control Division; 326 IAC 2-10-1; filed Sep 5, 1996, 11:00 a.m.: 20 IR 10; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1063; readopted filed Aug 2, 2004, 3:10 p.m.: 27 IR 3954; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)