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

Affected: IC 4-21.5-3-4; IC 13-15-4-9; IC 13-17

Sec. 2. (a) On and after December 25, 1998, this section applies to the following new sources:

1. (1) Sources with a potential to emit within the following ranges:

   1. (A) Less than twenty-five (25) tons per year and equal to or greater than five (5) tons per year of either PM, PM10, or direct PM2.5.

   2. (B) Less than twenty-five (25) tons per year and equal to or greater than ten (10) tons per year of the following pollutants:

      1. (i) Sulfur dioxide (SO2).
      2. (ii) Nitrogen oxides (NOx).
   3. (C) Less than twenty-five (25) tons per year and equal to or greater than ten (10) tons per year of VOC for sources not described in clause (D).
   4. (D) Less than twenty-five (25) tons per year and equal to or greater than five (5) tons per year of VOC for sources that require the use of air pollution control equipment to comply with the applicable provisions of 326 IAC 8.
   5. (E) Less than one hundred (100) tons per year and equal to or greater than twenty-five (25) tons per year of carbon monoxide (CO).
   6. (F) Less than five (5) tons per year and equal to or greater than two-tenths (0.2) ton per year of lead (Pb).

   7. (G) Less than twenty-five (25) tons per year and equal to or greater than five (5) tons per year of the following regulated air pollutants:

      1. (i) Hydrogen sulfide (H2S).
      2. (ii) Total reduced sulfur (TRS).
      3. (iii) Reduced sulfur compounds.
      4. (iv) Fluorides.

2. (2) Any source that:

   1. (A) is subject to 326 IAC 20-8; and
   2. (B) consists of only decorative chromium electroplating tanks that use a trivalent chromium process that incorporates a wetting agent.

(b) No person subject to subsection (a) shall construct or operate any new source subject to this section without registering the new source with the commissioner.

(c) The registrant shall submit an application in accordance with this rule to the commissioner. The application shall include the following information:

1. (1) The company name and address.

2. (2) Descriptive information as follows:

   1. (A) A description of the nature and location of the proposed construction.
   2. (B) The design capacity and typical operating schedule of the proposed construction.
   3. (C) A description of the source and the emissions unit or units comprising the source.
   4. (D) A description of any emission control equipment, including design specifications.
3. (3) A schedule for construction of the source.
4. (4) Information on the nature and amount of pollutants to be emitted and any other information determined by the commissioner as necessary to demonstrate compliance with the ambient air quality standards.

5. (5) Each application shall be signed by an authorized individual, unless otherwise noted, whose signature constitutes an acknowledgement that the applicant assumes the responsibility of assuring that the source, emissions unit or units, or emission control equipment will be constructed and will operate in compliance with all applicable state air pollution control rules and the requirements of the CAA. The signature shall:

   1. (A) constitute affirmation that the statements in the application are true and complete, as known at the time of completion of the application; and
   2. (B) subject the applicant to liability under state laws forbidding false or misleading statements.

(d) Upon receipt of the information requested, the commissioner shall make a final determination within the time period described under 326 IAC 2-1.1-8.

(e) If the commissioner finds an application submitted in accordance with this rule to be incomplete, the commissioner shall mail a notice of deficiency to the applicant that specifies the portions of the application that:

1. (1) do not contain adequate information for the commissioner to process the application; or
2. (2) are not consistent with applicable law or rules.

The applicant shall forward the required additional information to the commissioner, or request additional time for providing the information, within sixty (60) days of receipt of the notice of deficiency. If the additional information is not submitted within sixty (60) days, or the additional time provided by the commissioner, the application may be denied in accordance with IC 13-15-4-9.

(f) A registration issued by the commissioner shall include terms and conditions that include all of the following:

1. (1) Identification of any and all applicable requirements.
2. (2) A physical description of the emissions unit or units and operating information consistent with the application information.
3. (3) A requirement that an authorized individual provide an annual notice to the department that the source is in operation and in compliance with the registration.
4. (4) An approval to operate in accordance with 326 IAC 2-5.5.

(g) A registration issued by the commissioner may include terms and conditions that require monitoring, record keeping, and reporting as necessary to assure compliance with all applicable requirements.

(h) The issuance of a registration shall not be subject to the public notice requirements under 326 IAC 2-1.1-6, but the commissioner shall provide for public notice under IC 4-21.5-3-4.

(i) The commissioner shall not issue a registration that limits a source's potential to emit.

(Air Pollution Control Division; 326 IAC 2-5.1-2; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1008; readopted filed Oct 22, 2004, 10:35 a.m.: 28 IR 791; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA; filed Jun 11, 2012, 3:15 p.m.: 20120711-IR-326110251FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)