Authority: IC 13-14-8; IC 13-17

Affected: IC 13-15

Sec. 7.5. (a) A permittee may choose to change the level of operating permit under the following conditions:

1. (1) For the new level of operating permit, the source must meet all applicable:

   1. (A) limits;
   2. (B) conditions; and
   3. (C) legal restrictions.
2. (2) The permittee shall submit an application to the department for the new level of permit and revocation of the old permit in accordance with the requirements of this article.
3. (3) If the permittee plans to modify or add to the source in conjunction with the application for a new operating permit, the permittee shall submit the new operating permit application with an application for construction approval.
4. (4) The permittee shall operate under the terms of the old permit until the new permit issued by the department is effective.

(b) An application for a new level of operating permit under this section shall comply with the following:

1. (1) Meet the appropriate application requirements under:

   1. (A) 326 IAC 2-2.4-3;
   2. (B) 326 IAC 2-3.4-3;
   3. (C) 326 IAC 2-5.5-3;
   4. (D) 326 IAC 2-6.1-4;
   5. (E) 326 IAC 2-7-4;
   6. (F) 326 IAC 2-8-3; or
   7. (G) 326 IAC 2-9-1.

2. (2) Identify the following:

   1. (A) Units, processes, or operations that were removed or modified to reduce the unrestricted potential to emit, if applicable.
   2. (B) Any supporting information or calculations to document that unrestricted potential to emit will be below a particular applicability.
   3. (C) Units, processes, or operations that will accept limitations or conditions to reduce potential to emit, if allowed or required by the new operating permit level.
   4. (D) Limitations or conditions that will be established, including any supporting information or calculations to document that emissions will be below a particular operating permit applicability, if allowed or required by the new operating permit level.
   5. (E) New or modified compliance monitoring requirements for the limitations or conditions, if allowed or required by the new operating permit level.
3. (3) Include a statement verifying that the information in the existing permit application is valid.
4. (4) Upon receipt of a bill from the department, pay the appropriate fee in accordance with section 7(i) of this rule.

(c) The applicant shall comply with the notice requirements under the following:

1. (1) Section 6 of this rule.
2. (2) 326 IAC 2-2.4-5.
3. (3) 326 IAC 2-3.4-5.
4. (4) 326 IAC 2-5.5-5.
5. (5) 326 IAC 2-7-17.
6. (6) 326 IAC 2-8-13.

(d) Payment of an annual operating fee or refund of an annual operating fee paid under section 7 of this rule shall be prorated.

(Air Pollution Control Division; 326 IAC 2-1.1-7.5; filed Sep 28, 2011, 10:56 a.m.: 20111026-IR- 326070286FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)