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 with distillation operations meeting the applicability criteria in section 1 of this rule shall comply with the requirements of 40 CFR 60, Subpart NNN*.

(b) The following exemptions apply:

1. (1) Exemptions listed in 40 CFR 60.660(c)* shall apply to an owner or operator otherwise subject to this rule.
2. (2) Any vent stream for a distillation operation with a total VOC concentration of less than five hundred (500) parts per million by volume is not subject to this rule except for the test method and procedure and the record keeping and reporting requirements specified in 40 CFR 60.660(c)(6)*.

(c) Notwithstanding 40 CFR 60.660*, for purposes of this rule:

1. (1) an affected source shall be one that is described by the criteria in 40 CFR 60.660(a)* without consideration of the specific date of construction, modification, or reconstruction of the source;
2. (2) an applicable chemical is one described in section 1(a)(2)(A) of this rule instead of 40 CFR 60.667*; and
3. (3) the owner or operator of an affected source shall comply with this rule no later than April 1, 2011.

(d) Notwithstanding 40 CFR 60.665(a)*, each owner or operator subject to this rule shall notify the department how the source will comply with the specific provisions of 40 CFR 60.662*:

1. (1) no later than one (1) year after the effective date of this rule; or
2. (2) no later than sixty (60) days after becoming subject to this section;

whichever is later.

(e) For the purposes of this rule, 40 CFR 60.666* is not applicable.

*These documents are 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 8-18-3; filed Nov 3, 2009, 3:32 p.m.: 20091202-IR-326090222FRA; errata filed Nov 19, 2009, 10:03 a.m.: 20091216-IR-326090222ACA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)