-IR- Database Guide
-IR- Database: Indiana Register

TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule
LSA Document #07-438

DIGEST

Amends 326 IAC 6-3-1 concerning applicability of particulate matter limitations. Amends 326 IAC 6.5-1-1, 326 IAC 6.5-1-2, 326 IAC 6.5-1-5, 326 IAC 6.5-1-6, 326 IAC 6.8-1-1, 326 IAC 6.8-1-2, 326 IAC 6.8-1-5, and 326 IAC 6.8-1-6 concerning the use of alternative methods for the determination of compliance with particulate matter emission limits. Effective 30 days after filing with the Publisher.


HISTORY
First Notice of Comment Period: July 25, 2007, Indiana Register (DIN: 20070725-IR-326070438FNA).
Second Notice of Comment Period: July 27, 2011, Indiana Register (DIN: 20110727-IR-326070438SNA).
Notice of First Hearing: July 27, 2011, Indiana Register (DIN: 20110727-IR-326070438PHA).
Date of First Hearing: November 2, 2011.

PUBLIC COMMENTS UNDER IC 13-14-9-4.5
IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-4 until the board has conducted a third comment period that is at least 21 days long. Because this proposed rule is not substantively different from the draft rule published on July 21, 2011, at DIN: 20110727-IR-326070438SNA, the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this proposed rule.

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD
IDEM requested public comment from July 27, 2011, through August 26, 2011, on IDEM's draft rule language. IDEM received comments from the following parties:
National Park Service, Indiana Dunes National Lakeshore (NPS)
Following is a summary of the comments received and IDEM's responses thereto:
Comment: Implementing work practice standards will reduce emissions, however, this is a weak regulatory stance. Companies should demonstrate that their work practice standards actually reduce particulate emissions. It would be more appropriate for small manufacturers to install centralized fume exhaust systems that would then be monitored. The proposed approach appears to be an untested alternative that would potentially have a negative effect on the air quality within the national lakeshore. (NPS)
Response: Currently, surface coating, reinforced plastic composites fabricating manufacturing processes, and graphic arts manufacturing processes that are subject to 326 IAC 6-3 are allowed to demonstrate compliance using work practice standards. This rulemaking will allow similar operations located in previously designated nonattainment counties that are subject to 326 IAC 6.5 or 326 IAC 6.8 to follow the same work practice standards. The particulate matter emissions from these types of processes are fugitive emissions. Fugitive emissions are not typically subject to a numerical emission limit and stack testing. The particulate matter emissions from these processes will be controlled using a fabric filter or another control device. The use of a fabric filter is not an untested control strategy and does not have a negative effect on air quality.

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING
On November 2, 2011, the Air Pollution Control Board (board) conducted the first public hearing/board meeting concerning the development of amendments to 326 IAC 6-3-1, 326 IAC 6.5, and 326 IAC 6.8. No comments were made at the first hearing.


SECTION 1. 326 IAC 6-3-1 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6-3-1 Applicability

Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15


Sec. 1. (a) This rule establishes emission limitations for particulate emissions from manufacturing processes located anywhere in the state.

(b) The following manufacturing processes are exempt from this rule:
(1) Combustion for indirect heating.
(2) Incineration.
(3) Open burning.
(4) Existing foundry cupolas' manufacturing processes that are subject to the requirements of 326 IAC 11-1.
(5) Surface coating using dip coating.
(6) Surface coating using roll coating.
(7) Surface coating using flow coating.
(8) Surface coating using brush coating.
(9) Welding, provided that less than six hundred twenty-five (625) pounds of rod or wire is consumed per day.
(10) Torch cutting, provided that less than three thousand four hundred (3,400) inches per hour of stock one (1) inch thickness or less is cut.
(11) Noncontact cooling tower systems.
(12) Applications of aerosol coating products to repair minor surface damage and imperfections.
(13) Trivial activities as defined at 326 IAC 2-7-1(40). 326 IAC 2-7-1(41).
(14) Manufacturing processes with potential emissions less than five hundred fifty-one thousandths (0.551) pound per hour.
(15) Surface coating manufacturing processes, not otherwise exempt in subdivisions (5) through (8), that use less than five (5) gallons per day.

(c) This rule shall not apply if a particulate matter limitation that is as stringent as or more stringent than the particulate limitation established in this rule is established in:
(1) 326 IAC 2-2-3, concerning prevention of significant deterioration (PSD) best available control technology (BACT) determinations contained in a permit;
(2) 326 IAC 2-3-3, concerning lowest achievable emission rate (LAER) determinations contained in a permit;
(3) 326 IAC 6.5 and 326 IAC 6.8, concerning particulate matter emissions;
(4) 326 IAC 11, concerning existing emission limitations for specific operations;
(5) 326 IAC 12, concerning new source performance standards; or
(6) 326 IAC 20, concerning national emission standards for hazardous air pollutants.
is more stringent than the particulate limitation established in this rule.
(Air Pollution Control Board; 326 IAC 6-3-1; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2499; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2367; filed May 13, 2002, 11:30 a.m.: 25 IR 3051; errata filed Oct 19, 2005, 4:28 p.m.: 29 IR 819)


SECTION 2. 326 IAC 6.5-1-1 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.5-1-1 Applicability

Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15


Sec. 1. (a) Except as provided in subsections (b) and (c), through (d), sources or facilities located in the counties of Clark, Dearborn, Dubois, Howard, Marion, St. Joseph, Vanderburgh, Vigo, or Wayne shall comply with the limitations in:
(1) 326 IAC 6.5-2 through 326 IAC 6.5-10, if the source or facility is specifically listed in 326 IAC 6.5-2 through 326 IAC 6.5-10; or
(2) section 2 of this rule, if the source or facility is not specifically listed in 326 IAC 6.5-2 through 326 IAC 6.5-10, but has:
(A) the potential to emit one hundred (100) tons or more; or
(B) actual emissions of ten (10) tons or more;
of particulate matter per year.

(b) Particulate limitations shall not be established for combustion units that burn only natural gas at sources or facilities identified in 326 IAC 6.5-2 through 326 IAC 6.5-10, as long as the units continue to burn only natural gas.

(c) Particulate limitations shall not be established for surface coating, reinforced plastic composites fabricating manufacturing processes, and graphic arts manufacturing processes that use the following:
(1) Dip coating.
(2) Roll coating.
(3) Flow coating.
(4) Brush coating.
(5) Less than five (5) gallons of coating per day.

(c) (d) If the limitations in 326 IAC 6.5-2 through 326 IAC 6.5-10 and section 2 of this rule conflict with or are inconsistent with limitations established in 326 IAC 12, then the more stringent limitation shall apply.
(Air Pollution Control Board; 326 IAC 6.5-1-1; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3454)


SECTION 3. 326 IAC 6.5-1-2 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.5-1-2 Particulate emission limitations; modification by commissioner

Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15


Sec. 2. (a) Particulate matter emissions from facilities constructed after applicable dates in subsections (c) and (d) or not limited by subsection (b), (e), (f), or (g), or (h) shall not exceed seven-hundredths (0.07) gram per dry standard cubic meter (g/dscm) (three-hundredths (0.03) grain per dry standard cubic foot (dscf)).

(b) Fuel combustion steam generators are limited to the following particulate matter emissions limitations:
(1) For solid fuel-fired generators that have:
(A) greater than sixty-three million (63,000,000) kilocalories (kcal) per hour heat input (two hundred fifty million (250,000,000) Btu), a particulate matter content of no not greater than eighteen-hundredths (0.18) gram per million calories (one-tenth (0.10) pound per million Btu);
(B) equal to or greater than six million three hundred thousand (6,300,000) kcal per hour heat input, but less than or equal to sixty-three million (63,000,000) kcal per hour heat input (equal to or greater than twenty-five million (25,000,000) Btu, but less than or equal to two hundred fifty million (250,000,000) Btu), a particulate matter content of no not greater than sixty-three hundredths (0.63) gram per million calories (thirty-five hundredths (0.35) pound per million Btu); or
(C) less than six million three hundred thousand (6,300,000) kcal per hour heat input (twenty-five million (25,000,000) Btu), a particulate matter content of no not greater than one and eight-hundredths (1.08) grams per million calories (six-tenths (0.6) pound per million Btu).
(2) For all liquid fuel-fired steam generators, a particulate matter content of no not greater than twenty-seven hundredths (0.27) gram per million kcal (fifteen-hundredths (0.15) pound per million Btu).
(3) For all gaseous fuel-fired steam generators, a particulate matter content of no not greater than one-hundredth (0.01) grain per dry standard cubic foot (dscf).

(c) Asphalt concrete plants are limited to particulate matter emissions of not greater than two hundred thirty (230) mg per dscm (one-tenth (0.1) grain per dscf), if in existence on or before June 11, 1973, and consisting of, but not limited to:
(1) driers;
(2) systems for:
(A) screening, handling, storing, and weighing hot aggregate;
(B) loading, transferring, and storing mineral filler; and
(C) mixing asphalt concrete; and
(3) the loading, transfer, and storage systems associated with emission control systems.
are limited to particulate matter emissions of no greater than two hundred thirty (230) mg per dscm (one-tenth (0.1) grain per dscf).

(d) The following are the requirements for grain elevators:
(1) For grain elevators that began construction or modification before January 13, 1977, any grain storage elevator located at any grain processing source that has a permanent grain storage capacity of thirty-five thousand two hundred (35,200) cubic meters (one million (1,000,000) U.S. bushels) or more, and any grain terminal elevator that has a permanent grain storage capacity of eighty-eight thousand one hundred (88,100) cubic meters (two million five hundred thousand (2,500,000) U.S. bushels) or more shall be limited to particulate matter emissions of no not greater than seven-hundredths (0.07) g/dscm (three-hundredths (0.03) grain per dscf).
(2) All grain elevators subject to this article shall provide for housekeeping and maintenance procedures that minimize the opportunity for particulate matter to become airborne and leave the property, such as the following:
(A) Housekeeping practices shall be conducted as follows:
(i) Areas to be swept and maintained shall include, at a minimum, the following:
(AA) General grounds, yard, and other open areas.
(BB) Floors, decks, hopper areas, loading areas, dust collectors, and all areas of dust or waste concentrations.
(CC) Grain driers with respect to accumulated particulate matter.
(ii) Cleanings and other collected waste material shall be handled and disposed of so that the area does not generate fugitive dust.
(iii) Dust from driveways, access roads, and other areas of travel shall be controlled.
(iv) Accidental spills and other accumulations shall be cleaned up as soon as possible but no later than completion of the day's operation.
(B) Equipment maintenance shall consist of procedures that eliminate or minimize emissions from equipment or a system caused by the following:
(i) Malfunctions.
(ii) Breakdowns.
(iii) Improper adjustment.
(iv) Operating above the rated or designed capacity.
(v) Not following designed operating specifications.
(vi) Lack of good preventive maintenance care.
(vii) Lack of critical and proper spare replacement parts on hand.
(viii) Lack of properly trained and experienced personnel.
(C) Emissions from the affected areas, operations, equipment, and systems shall not exceed twenty percent (20%) opacity as determined under 326 IAC 5-1.

(e) Gray iron foundries shall be limited to the following:
(1) Any cupola of a gray iron foundry shall be limited to particulate matter emissions of no not greater than thirty-four hundredths (0.34) g/dscm (fifteen-hundredths (0.15) grain/dscf).
(2) Any melting process, excluding any cupola, of a gray iron foundry shall be limited to particulate matter emissions of no not greater than sixteen-hundredths (0.16) g/dscm (seven-hundredths (0.07) grain/dscf).

(f) Glass container manufacturing furnace operations shall be limited to particulate matter emissions of no not greater than one (1.0) gram per two (2.0) kilograms of process material (one (1.0) pound per ton).

(g) Mineral aggregate operations, where the process is totally enclosed, shall comply with the requirements in subsection (a). In addition, 326 IAC 2, 326 IAC 5-1, and 326 IAC 6-4 shall apply in all cases to mineral aggregate operations.

(h) Surface coating, reinforced plastic composites fabricating manufacturing processes, and graphic arts manufacturing processes shall be controlled by a dry particulate filter, waterwash, or an equivalent control device, subject to the following:
(1) The source shall operate the control device in accordance with manufacturer's specifications.
(2) If overspray is visibly detected at the exhaust or accumulates on the ground, the source shall inspect the control device and do either of the following no later than four (4) hours after the observation:
(A) Repair the control device so that no overspray is visibly detectable at the exhaust or accumulates on the ground.
(B) Operate equipment so that no overspray is visibly detectable at the exhaust or accumulates on the ground.
If overspray is visibly detected, the source shall maintain a record of the action taken as a result of the inspection, any repairs of the control device, or change in operations, so that overspray is not visibly detectable at the exhaust or accumulates on the ground. These records must be maintained for five (5) years.
(3) A source is exempt from subdivision (2) if it operates according to a valid permit under:
(B) 326 IAC 2-8; or
(4) Surface coating manufacturing processes that use less than five (5) gallons of coating per day are exempt from the work practice standards in subdivisions (1) and (2). At any time the coating application rate increases to greater than five (5) gallons per day, a control device must be in place. A manufacturing process that is subject to this subsection shall remain subject to it even if there is a subsequent decrease in gallons of coating used.

(h) (i) Based on modeling analyses available to the commissioner, where it is determined that the limitations in subsections (a) through (g) are not adequate to achieve and maintain the ambient particulate air quality standards established by 326 IAC 1-3, the limitations set forth in this section may be changed for facilities:
(1) having a significant impact on air quality and located in areas where the ambient particulate standard either is not attained or will not be maintained without emission limitations in addition to those set forth in this rule; and
(2) required to comply with the prevention of significant deterioration requirements of 326 IAC 2.
These limitations shall be established in construction and operation permits issued in accordance with the procedures set forth in 326 IAC 2.

(i) (j) If the emission limitations established in subsections (a) through (g) for facilities that were operating or under construction on August 7, 1980, impose a severe economic hardship on any individual source, then the source may petition the commissioner for reconsideration of the limitations. If the source can demonstrate to the commissioner's satisfaction that a severe hardship will be caused if the applicable requirements in this section are enforced, then less restrictive emission limitations may be established by the commissioner, provided the less restrictive limitations will guarantee the attainment and maintenance of the particulate ambient air quality standards established by 326 IAC 1-3.
(Air Pollution Control Board; 326 IAC 6.5-1-2; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3455)


SECTION 4. 326 IAC 6.5-1-5 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.5-1-5 Control strategies

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17


Sec. 5. (a) For existing sources, the following shall apply:
(1) Whenever emission limitations set forth in 326 IAC 6.5-2 through 326 IAC 6.5-10 are revised and established under section 2(h) and 2(i) and 2(j) of this rule, the revisions shall be submitted to U.S. EPA for approval as part of Indiana's SIP.
(2) If a permit issued by the commissioner, under this article, contains emission limitations more stringent than the limitations set forth in 326 IAC 6.5-2 through 326 IAC 6.5-10, then the emission limitations set forth in the permit shall supersede and replace the corresponding limitations in 326 IAC 6.5-2 through 326 IAC 6.5-10.

(b) For new sources, emission limitations and any revisions to emission limitations shall be established as conditions in permits.

(c) Upon issuance, the permits in subsection (b) shall be submitted to U.S. EPA for review, and the emission limitations contained in the permits shall be submitted as SIP revisions.

(d) In 326 IAC 6.5-2 through 326 IAC 6.5-10, where there are two (2) emission limits listed for a particular source or facility, the source or facility shall be required to comply with both limits.
(Air Pollution Control Board; 326 IAC 6.5-1-5; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3457)


SECTION 5. 326 IAC 6.5-1-6 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.5-1-6 State implementation plan revisions

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17


Sec. 6. Any exemptions given or provisions granted under this article by the commissioner in sections 2(a), 2(g), through 2(i), 2(j), 4, and 5 of this rule shall be submitted to U.S. EPA as revisions to the SIP.
(Air Pollution Control Board; 326 IAC 6.5-1-6; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3457)


SECTION 6. 326 IAC 6.8-1-1 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.8-1-1 Applicability

Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15


Sec. 1. (a) Except as provided in subsection subsections (b) and (c), sources or facilities located in Lake County shall comply with the following emission limits and meet the requirements in 326 IAC 6.8-2, 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 326 IAC 6.8-9, 326 IAC 6.8-10, and through 326 IAC 6.8-11:
(1) 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 326 IAC 6.8-9, 326 IAC 6.8-10, and through 326 IAC 6.8-11 if the source or facility is specifically listed in 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 326 IAC 6.8-9, 326 IAC 6.8-10, and through 326 IAC 6.8-11.
(2) Section 2 of this rule if the source or facility is not specifically listed but has:
(A) the potential to emit one hundred (100) tons or more; or
(B) actual emissions of ten (10) tons or more;
of particulate matter per year.

(b) Particulate limitations shall not be established for surface coating, reinforced plastic composites fabricating manufacturing processes, and graphic arts manufacturing processes that use the following:
(1) Dip coating.
(2) Roll coating.
(3) Flow coating.
(4) Brush coating.
(5) Less than five (5) gallons of coating per day.

(b) (c) If the limitations in this article conflict with or are inconsistent with limitations established in 326 IAC 12, then the more stringent limitations shall apply.
(Air Pollution Control Board; 326 IAC 6.8-1-1; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3503; filed Jan 23, 2008, 1:44 p.m.: 20080220-IR-326040279FRA)


SECTION 7. 326 IAC 6.8-1-2 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.8-1-2 Particulate emission limitations; modification by commissioner

Authority: IC 13-14-8; IC 13-17
Affected: IC 13-15


Sec. 2. (a) Particulate matter emissions from facilities constructed after applicable dates in subsections (c) and (d) or not limited by subsection (b), (e), (f), or (g), or (h) shall not exceed seven-hundredths (0.07) gram per dry standard cubic meter (g/dscm) (three-hundredths (0.03) grain per dry standard cubic foot (dscf)).

(b) Fuel combustion steam generators are limited to the following particulate matter emissions limitations:
(1) For solid fuel-fired generators that have:
(A) greater than sixty-three million (63,000,000) kilocalories (kcal) per hour heat input (two hundred fifty million (250,000,000) Btu), a particulate matter content of no not greater than eighteen-hundredths (0.18) gram per million calories (one-tenth (0.10) pound per million Btu);
(B) equal to or greater than six million three hundred thousand (6,300,000) kcal per hour heat input, but less than or equal to sixty-three million (63,000,000) kcal per hour heat input (equal to or greater than twenty-five million (25,000,000) Btu, but less than or equal to two hundred fifty million (250,000,000) Btu), a particulate matter content of no not greater than sixty-three hundredths (0.63) gram per million calories (thirty-five hundredths (0.35) pound per million Btu); or
(C) less than six million three hundred thousand (6,300,000) kcal per hour heat input (twenty-five million (25,000,000) Btu), a particulate matter content of no not greater than one and eight-hundredths (1.08) grams per million calories (six-tenths (0.6) pound per million Btu).
(2) For all liquid fuel-fired steam generators, a particulate matter content of no not greater than twenty-seven hundredths (0.27) gram per million kcal (fifteen-hundredths (0.15) pound per million Btu).
(3) For all gaseous fuel-fired steam generators, a particulate matter content of no not greater than one-hundredth (0.01) grain per dry standard cubic foot (dscf).

(c) Asphalt concrete plants are limited to particulate matter emissions of not greater than two hundred thirty (230) mg per dscm (one-tenth (0.1) grain per dscf), if in existence on or before June 11, 1973, and consisting of, but not limited to:
(1) driers;
(2) systems for:
(A) screening, handling, storing, and weighing hot aggregate;
(B) loading, transferring, and storing mineral filler;
(C) mixing asphalt concrete; and
(3) the loading, transfer, and storage systems associated with emission control systems.
are limited to particulate matter emissions of no greater than two hundred thirty (230) mg per dscm (one-tenth (0.1) grain per dscf).

(d) The following are the requirements for grain elevators:
(1) For grain elevators that began construction or modification before January 13, 1977, any grain storage elevator located at any grain processing source that has a permanent grain storage capacity of thirty-five thousand two hundred (35,200) cubic meters (one million (1,000,000) U.S. bushels) or more, and any grain terminal elevator that has a permanent grain storage capacity of eighty-eight thousand one hundred (88,100) cubic meters (two million five hundred thousand (2,500,000) U.S. bushels) or more shall be limited to particulate matter emissions of no not greater than seven-hundredths (0.07) g/dscm (three-hundredths (0.03) grain per dscf).
(2) All grain elevators subject to this article shall provide for housekeeping and maintenance procedures that minimize the opportunity for particulate matter to become airborne and leave the property, such as the following:
(A) Housekeeping practices shall be conducted as follows:
(i) Areas to be swept and maintained shall include, at a minimum, the following:
(AA) General grounds, yard, and other open areas.
(BB) Floors, decks, hopper areas, loading areas, dust collectors, and all areas of dust or waste concentrations.
(CC) Grain driers with respect to accumulated particulate matter.
(ii) Cleanings and other collected waste material shall be handled and disposed of so that the area does not generate fugitive dust.
(iii) Dust from driveways, access roads, and other areas of travel shall be controlled.
(iv) Accidental spills and other accumulations shall be cleaned up as soon as possible but no later than completion of the day's operation.
(B) Equipment maintenance shall consist of procedures that eliminate or minimize emissions from equipment or a system caused by the following:
(i) Malfunctions.
(ii) Breakdowns.
(iii) Improper adjustment.
(iv) Operating above the rated or designed capacity.
(v) Not following designed operating specifications.
(vi) Lack of good preventive maintenance care.
(vii) Lack of critical and proper spare replacement parts on hand.
(viii) Lack of properly trained and experienced personnel.
(C) Emissions from the affected areas, operations, equipment, and systems shall not exceed twenty percent (20%) opacity as determined under 326 IAC 5-1.

(e) Gray iron foundries shall be limited to the following:
(1) Any cupola of a gray iron foundry shall be limited to particulate matter emissions of no not greater than thirty-four hundredths (0.34) g/dscm (fifteen-hundredths (0.15) grain/dscf).
(2) Any melting process, excluding any cupola, of a gray iron foundry shall be limited to particulate matter emissions of no not greater than sixteen-hundredths (0.16) g/dscm (seven-hundredths (0.07) grain/dscf).

(f) Glass container manufacturing furnace operations shall be limited to particulate matter emissions of no not greater than one (1.0) gram per two (2.0) kilograms of process material (one (1.0) pound per ton).

(g) Mineral aggregate operations, where the process is totally enclosed, shall comply with the requirements in subsection (a). In addition, 326 IAC 2, 326 IAC 5-1, and 326 IAC 6-4 shall apply in all cases to mineral aggregate operations.

(h) Surface coating, reinforced plastic composites fabricating manufacturing processes, and graphic arts manufacturing processes shall be controlled by a dry particulate filter, waterwash, or an equivalent control device, subject to the following:
(1) The source shall operate the control device in accordance with manufacturer's specifications.
(2) If overspray is visibly detected at the exhaust or accumulates on the ground, the source shall inspect the control device and do either of the following no later than four (4) hours after the observation:
(A) Repair the control device so that no overspray is visibly detectable at the exhaust or accumulates on the ground.
(B) Operate equipment so that no overspray is visibly detectable at the exhaust or accumulates on the ground.
If overspray is visibly detected, the source shall maintain a record of the action taken as a result of the inspection, any repairs of the control device, or change in operations, so that overspray is not visibly detectable at the exhaust or accumulates on the ground. These records must be maintained for five (5) years.
(3) A source is exempt from subdivision (2) if it operates according to a valid permit under:
(B) 326 IAC 2-8; or
(4) Surface coating manufacturing processes that use less than five (5) gallons of coating per day are exempt from the work practice standards in subdivisions (1) and (2). At any time the coating application rate increases to greater than five (5) gallons per day, a control device must be in place. A manufacturing process that is subject to this subsection shall remain subject to it even if there is a subsequent decrease in gallons of coating used.

(h) (i) Based on modeling analyses available to the commissioner, where it is determined that the limitations in subsections (a) through (g) are not adequate to achieve and maintain the ambient particulate air quality standards established by 326 IAC 1-3, the limitations set forth in this section may be changed for facilities:
(1) having a significant impact on air quality and located in areas where the ambient particulate standard either is not attained or will not be maintained without emission limitations in addition to those set forth in this section; and
(2) required to comply with the prevention of significant deterioration requirements of 326 IAC 2.
These limitations shall be established in construction and operation permits issued in accordance with the procedures set forth in 326 IAC 2.

(i) (j) If the emission limitations established in subsections (a) through (g) for facilities that were operating or under construction on August 7, 1980, impose a severe economic hardship on any individual source, then the source may petition the commissioner for reconsideration of the limitations. If the source can demonstrate to the commissioner's satisfaction that a severe hardship will be caused if the applicable requirements in this rule are enforced, then less restrictive emission limitations may be established by the commissioner, provided the less restrictive limitations will guarantee the attainment and maintenance of the particulate ambient air quality standards established by 326 IAC 1-3.
(Air Pollution Control Board; 326 IAC 6.8-1-2; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3504)


SECTION 8. 326 IAC 6.8-1-5 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.8-1-5 Control strategies

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17


Sec. 5. (a) For existing sources, the following shall apply:
(1) Whenever emission limitations set forth in 326 IAC 6.8-2, 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 through 326 IAC 6.8-10 are revised and established under section 2(h) and 2(i) and 2(j) of this rule, the revisions shall be submitted to U.S. EPA for approval as part of Indiana's SIP.
(2) If a permit issued by the commissioner, under this article, contains emission limitations more stringent than the limitations set forth in 326 IAC 6.8-2, 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 through 326 IAC 6.8-10, then the emission limitations set forth in the permit shall supersede and replace the corresponding limitations in 326 IAC 6.8-2, 326 IAC 6.8-4, 326 IAC 6.8-5, and 326 IAC 6.8-8 through 326 IAC 6.8-10.

(b) For new sources:
(1) emission limitations; and
(2) any revisions to emission limitations;
shall be established as conditions in permits.

(c) Upon issuance, the:
(1) permits in subsection (b) shall be submitted to U.S. EPA for review; and
(2) emission limitations contained in the permits shall be submitted as SIP revisions.

(d) In this article where there are two (2) emission limits listed for a particular source or facility, the source or facility shall be required to comply with both limits.
(Air Pollution Control Board; 326 IAC 6.8-1-5; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3506; filed Jan 23, 2008, 1:44 p.m.: 20080220-IR-326040279FRA)


SECTION 9. 326 IAC 6.8-1-6 IS AMENDED TO READ AS FOLLOWS:

326 IAC 6.8-1-6 State implementation plan revisions

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17


Sec. 6. Any exemptions given or provisions granted under this article by the commissioner in sections 2(a), 2(g), through 2(i), 2(j), 4, and 5 of this rule shall be submitted to U.S. EPA as revisions to the SIP.
(Air Pollution Control Board; 326 IAC 6.8-1-6; filed Aug 10, 2005, 1:00 p.m.: 28 IR 3506)



Posted: 11/23/2011 by Legislative Services Agency

DIN: 20111123-IR-326070438PRA
Composed: Oct 01,2014 5:29:27PM EDT
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