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

Affected: IC 13-15; IC 13-17

Sec. 3. (a) The owner or operator of a source seeking a FESOP shall submit a complete application on such form or forms as the commissioner may establish, or in other application formats authorized by the commissioner. An application for a FESOP may be submitted at any time. Unless, within ninety (90) days of receipt of an application, the commissioner determines that an application is not complete, the application shall be deemed to be complete.

(b) In order for an application to be deemed complete, it must contain the following:

1. (1) Substantive information required under subsection (c). Applications for a FESOP revision must supply substantive information required under subsection (c) only as it relates to the proposed change.
2. (2) Certification by an authorized individual that the submitted information is consistent with subsection (d).

(c) An application for a FESOP shall include the information specified in this subsection to the extent necessary to determine applicable requirements, compliance with applicable requirements and this rule, and compliance with the terms and conditions of a FESOP. The following information shall be included in the application for all emissions units at a FESOP source:

1. (1) Identifying information, including the following:

   1. (A) The company name and address (or the plant name and address if different from the company name).
   2. (B) The owner's name and agent.
   3. (C) The telephone numbers and names of the plant site manager, authorized individual, or site contact.
2. (2) A description of the source's processes and products (by Standard Industrial Classification Code), including any associated with each alternate scenario identified by the source.

3. (3) The following emissions related information:

   1. (A) All emissions of regulated air pollutants. A FESOP application shall describe all emissions of regulated air pollutants emitted from any emissions unit. The applicant shall provide such additional information related to the emissions of air pollutants as is sufficient to verify which requirements are applicable to the source.
   2. (B) An identification and a description of all points of emissions described in clause (A) in sufficient detail to establish the applicability of requirements of this title.
   3. (C) Emissions rates of all pollutants described in clause (A) in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.

   4. (D) The following information to the extent it is needed to determine or regulate emissions:

      1. (i) Fuels, including types and characteristics.
      2. (ii) Fuel use, including types and quantities combusted.
      3. (iii) Raw materials.
      4. (iv) Production and process rates.
      5. (v) Operating schedules.
   5. (E) An identification and a description of air pollution control equipment and compliance monitoring devices or activities.
   6. (F) Limitations on source operation affecting emissions or any work practice standards, as requested by the applicant, for all regulated pollutants at a FESOP source.
   7. (G) Other information required by any applicable requirement, including information related to stack height limitations developed under Section 123 of the CAA*.
   8. (H) Calculations, examples of calculations, or descriptions of calculation methods or basis on which the information in this subsection is based.
   9. (I) Insignificant activities shall be listed, but the emissions related information described in this subdivision need not be provided unless the commissioner determines that the information is necessary to determine the applicability of 40 CFR 70*. Information concerning trivial activities as defined in 326 IAC 2-7-1(39) need not be included in permit applications submitted under this rule.

4. (4) Other specific information that may be necessary to:

   1. (A) implement and enforce other applicable requirements of the CAA or of this rule; or
   2. (B) determine the applicability of the requirements.
5. (5) An explanation of any proposed exemptions from otherwise applicable requirements.

6. (6) Confirmation of the following:

   1. (A) That the source maintains on-site a preventive maintenance plan as described in 326 IAC 1-6-3.
   2. (B) That upon request the source will forward to the department the preventive maintenance plan.

(d) Any application form or compliance certification submitted under this rule shall contain certification by an authorized individual of truth, accuracy, and completeness. This certification and any other certification required under this section shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(e) In the case where a source has submitted information to the commissioner under a claim of confidentiality under 326 IAC 17.1, the commissioner may also require the source to submit a copy of the information directly to the U.S. EPA.

(f) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a FESOP application shall, upon becoming aware of the failure or incorrect submittal, promptly submit the supplementary facts or corrected information. An applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant filed a complete application but prior to release of a draft FESOP. In addition, the applicant shall provide additional information as requested by the commissioner to determine the compliance status of the source in accordance with section 5(a) of this rule.

(g) If, while processing an application, the commissioner determines that additional information is necessary to evaluate or take final action on that application, the commissioner may:

1. (1) request the information in writing; and
2. (2) set a reasonable deadline for a response.

(h) For purposes of a FESOP renewal, a timely application is one that is submitted at least nine (9) months prior to the date of expiration of the source's existing permit.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Division; 326 IAC 2-8-3; filed May 25, 1994, 11:00 a.m.: 17 IR 2271; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2355; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1050; errata filed May 12, 1999, 11:23 a.m.: 22 IR 3107; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1566; filed Aug 26, 2004, 11:30 a.m.: 28 IR 22; filed Oct 1, 2010, 3:48 p.m.: 20101027-IR-326070372FRA; errata filed Jan 2, 2013, 2:19 p.m.: 20130123-IR-326130002ACA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA; errata filed Jun 3, 2025, 1:59 p.m.: 20250618-IR-326250285ACA)