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

Affected: IC 13-15; IC 13-17

Sec. 6. (a) Within forty-five (45) days of receipt of the notification under section 5 of this rule, the source or sources shall submit to the department the following information:

1. (1) Any source whose total source-wide PM10 emissions contributed more than five (5) micrograms per cubic meter to the total concentrations at the sampling site on any of the sampling days that contributed to the violation shall submit reduction measures that will reduce the source's actual source-wide PM10 emissions by twenty-five percent (25%). A source may substitute other proposed actual PM10 emission reductions upon a demonstration that the ambient air quality impact will be equivalent or greater than source-wide reductions.
2. (2) Any source where a specific facility at the source contributed more than one (1) microgram per cubic meter at the sampling site on any of the sampling days that contributed to the violation shall submit reduction measures that will reduce the facility's actual emissions by twenty- five percent (25%). A source may substitute other proposed actual PM10 emission reductions upon a demonstration that the ambient air quality impact will be equivalent or greater than facility-wide reductions. If the culpability study demonstrates that a percent less than twenty-five percent (25%) would ensure that no further violation of the annual PM10 standard will occur, under the same circumstances, the department will specify what percent reduction will be required to ensure that no further violations occur.

(b) A source may, instead of the information required in subsection (a), submit an analysis that demonstrates that the source's contribution to the violation is five (5) micrograms per cubic meter (μg/m3) or less or, in the case of a facility, less than one (1) microgram per cubic meter. After reviewing this information, the department shall determine whether the source shall comply with the emission reductions required in section 4(c) of this rule. The department's decision is subject to IC 4-21.5.

(c) At the time of the submittal of the reduction measures, the source shall request that the department immediately incorporate the reduction measures into the source's Title V permit as described in 326 IAC 2-7 or its federally enforceable state operating permit (FESOP) as described in 326 IAC 2-8. If the source does not have a Title V operating permit or a FESOP, the source shall request that the department submit the reduction measure to U.S. EPA as an SIP revision.

(d) The department may commence rulemaking to incorporate the approved reduction measures into 326 IAC 6.8-2 through 326 IAC 6.8-8 and 326 IAC 6.8-10 as appropriate.

(e) The source shall implement the reduction measures within one hundred eighty (180) days of the department's initial notification or such sooner time as may be feasible given the nature of the reduction measures, regardless of the department's approval, disapproval, or request for additional information unless a petition under subsection (b) or section 4(c) of this rule has been submitted. Upon a showing by a source that one hundred eighty (180) days is infeasible for implementation of the reduction measures, the commissioner may extend the deadline, provided that the source implements interim reduction measures for the period of time necessary to implement the permanent measures. Such interim measures shall be put in place within thirty (30) days of the commissioner's approval of the requested extension.

(f) If, after review of the reduction measures, the department does not agree that the measures will achieve the required reduction, the department will notify the source. The source will have forty-five (45) days from receipt of the notice in which to resubmit a plan that adequately addresses the deficiencies. Failure to resubmit a plan that ensures reductions in PM10 emissions constitutes a violation of this article.

(g) A source that is required to resubmit reduction measures shall implement the approved measures within ninety (90) days of the department's approval.

(Air Pollution Control Division; 326 IAC 6.8-11-6; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3549; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)