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

Affected: IC 13-17

Sec. 3. (a) All services and facilities subject to the requirements of this rule ( 326 IAC 6-6) shall be in compliance by December 22, 1984.

(b) In cases where an existing service and facility cannot comply by December 22, 1984, the source or facility shall submit to the commissioner a letter of intent to comply with this rule ( 326 IAC 6-6) as expeditiously as possible as well as a compliance plan including the following milestone dates:

1. (1) submittal of plans;
2. (2) start construction;
3. (3) completion of construction;
4. (4) achieving compliance; and
5. (5) submit performance results.

Once the commissioner has approved a source or facilities' compliance plan, the plan shall be incorporated into the source or facilities' operation permit and shall be submitted to the U.S. EPA as a SIP revision. Failure to operate within these conditions shall be considered a violation of this rule ( 326 IAC 6-6).

(c) If emission limitations for a source or facility are added to 326 IAC 6-6-4 or 326 IAC 6-6-5 after the original promulgation date hereof or the emission limit applicable to a source or facility is made more stringent by reason of amendments to this rule ( 326 IAC 6-6), then such source shall achieve compliance as soon as practicable but not later than specified by the following schedule:

1. (1) Submittal of plans and specifications within six (6) months after the date the source becomes subject to the terms hereof, or the effective date of the amended rule imposing a stricter limit (whichever date is applicable to a particular source is hereafter referred to as the "effective date").
2. (2) Initiation of on-site construction or installation within twelve (12) months after the effective date.
3. (3) Completion of on-site construction or installation within twenty-four (24) months after the effective date.
4. (4) Achievement of compliance within twenty-eight (28) months after the effective date.
5. (5) Submittal of performance results within thirty (30) months of the effective date.

An owner or operator may submit a petition to the commissioner to establish an extended schedule for compliance with this section. The petition shall include both a demonstration that compliance cannot be achieved in accordance with this section and milestone dates for purchases or construction necessary to achieve compliance. The petition, if approved by the commissioner, shall be submitted to the U.S. EPA as a revision to the SIP.

(Air Pollution Control Division; 326 IAC 6-6-3; filed Mar 10, 1988, 1:20 pm: 11 IR 2508; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)