Emission Reporting Rule
Frequently Asked Questions
Changes to 326 IAC 2-6, the Emissions Statement Rule
Q. Do I have to report?
A. You will only report regularly if you are a Title V source, a source that emits 25 tons or more of NOx in Lake or Porter Counties, or a source that emits 5 tons or more of lead. (Section 1)
Q. How often will I have to report?
A. Sources located in Lake and Porter Counties will continue reporting annually. The rest of the sources in the state will have to report annually only if they have the potential-to-emit VOC or PM10 at 250 tons or more per year, or CO, NOx or SO2 at 2,500 tons or more per year. The rest of the sources will have to report the previous year's emissions data once every three years. (Section 3)
Q. When will I have to report?
A. Emissions Statements are required by July 1st. (Section 3)
Q. Can I go ahead and report on April 15 th even though the reporting date has been changed to July 1st?
A. Yes. Sources can always report early.
Q. Do I have to report this year?
A. Smaller sources located in Lake or Porter County will have to report every year that they actually emit 25 tons or more of VOC or NOx. The rest of the sources will only have to report annually if they have potential to emit 250 tons or more per year of VOC or PM10, or 2,500 tons per year of CO, NOx, or SO2. If you are in the second category, you MAY not have to report this year if you have submitted to IDEM the Administrative Permit Amendment or Notice Only Change. Please refer to Section 3 of the Emissions Statement Rule (326 IAC 2-6) for the reporting schedule.
Q. My source does not have a Part 70 Permit, it is not located in Lake or Porter counties, and I have submitted for the change to the permit (if necessary), do I have to report last year's emissions?
A. No. As long as the IDEM has received the change to your permit we do not expect to receive a emissions statement from you.
Q. My source does not have a Part 70 Permit, it is located in Lake or Porter counties, and I have submitted for the change to the permit (if necessary). Do I have to report last year's emissions?
A. Only if you have a Part 70 permit or have actually emitted 25 tons or more of VOC or NOx. If you have a Part 70 permit, please refer to Section 4 of the rule for the reporting schedule. You may not be required to report annually.
Q. I am filling out the State Form 51665 (3-04), but what do I put in the box asking to identify the emission reporting requirement?
A. Just list where the emissions statement requirement is located in your permit (a paragraph in Section C in most permits).
Q. How do I determine my Potential to Emit?
A. Your Potential to Emit should be in your final permit or in your permit application. One place to look would be in the technical support document.
Q. What if my source has taken an enforceable limit in the permit?
A The effect of those limits should be included in your determination of Potential to Emit for your facility. For instance, your Title V facility does surface coating, and has taken a limit on the amount of product coated in a 12 month period to ensure that your source does not exceed 250 tons of VOC. Your facility would fall under the triennial reporting, not annual reporting.
Q. What do the recent changes to the Emission Reporting rule (326 IAC 2-6) mean for Annual Compliance Certifications?
A. FESOPs - The current permit will need to be revised to remove the permit condition requiring the submission of an annual emission statement. After removal, the permit condition will no longer be referenced in the Annual Compliance Certification as an applicable requirement.
Part 70 (Title V) sources that will report every 3 years - This condition will remain in the permit, however the reporting timeframes under 326 IAC 2 - 6 will control. For those years that an emission statement is not required, the source may indicate that the condition is "not applicable" (N/A).
Part 70 (Title V) sources that will report annually - There will be no change in the Annual Compliance Certification requirements. The source will continue to certify whether compliance with this condition was continuous or intermittent and the method used to make that determination.
Q. Are there any new requirements?
A. Yes. To address changes in EPA reporting rules, IDEM has added a few requirements. Some of the new requirements also reflect changes in recordkeeping. An example is that the federal government has stopped using the Standard Industrial Classification code and is now using the North American Industrial Classification System (NAICS). Other reportable items include:
- Design Capacity
- Maximum Nameplate Capacity
- Stack Parameters
- VOC or PM10 emissions must be reported as a total.
- Sulfur, Ash, and Heat content are now required to be reported if they are used in the emissions calculation.
- The emissions statement must now be certified by the responsible official.
Q. Do I have to report hazardous air pollutants (HAPs)?
A. Not on a regular basis. The rule does allow for IDEM to request this information, but reporting hazardous air pollutants was not made a regular reporting requirement. The Title V permits still require that sources pay for "billable" HAPs. Those are HAPs that have been determined to not be PM10 or VOC (see the certification letter for the list of billable HAPs) (Sections 4 and 5).
Q. When would I have to report hazardous air pollutants?
A. Only when requested by IDEM, not on a regular basis. The rule allows IDEM to require that this information be reported when it is to be used to study an area or an industry, to develop state implementation plans, to address public complaints, to better develop modeling inventories, to reply to information requests, and to verify Toxic Release Inventory information. (Section 5)
Q. How will the changes affect the Title V (Part 70) billing?
A. For Title V sources reporting annually, the changes will not impact how the bills are calculated. For Title V sources that will report once every three years, the emissions statement will be used to calculate their bills for three years, until they report again. In the interim years, however, a source can provide information that emissions have changed. For example, a source could dispute their bill and provide an updated emissions statement if emissions have decreased. Conversely, the department can request additional emissions information for billing purposes if it has reason to believe emissions have increased.
Q. What if I am in one of the counties designated nonattainment this year for the ozone or particulate standards?
A. U.S. EPA will designate ozone nonattainment areas on April 15 th and particulate matter nonattainment areas in December. Until U.S. EPA issues implementation guidance, the impacts of a nonattainment designation are unclear. IDEM will work with sources to make a transition as smooth as possible, when the time comes.