Changes Proposed for the Indiana SIP Regarding Startup, Shutdown and Malfunction Emissions



The United States Environmental Protection Agency (USEPA) published findings in the Federal Register (FR) on June 12, 2015 (80 FR 33839) which involves insufficient provisions for startup, shutdown and malfunction (SSM) emissions in certain State Implementation Plans (SIPs), including Indiana.

According to Section 302(k) of the Clean Air Act (CAA), SIPs should contain emission limitations that "limit the quantity, rate, or concentration of emissions of air pollutants in a continuous basis."  The current provisions in 326 IAC 1-6-4(a) allow for exemption for non-compliance with emissions limitations during certain malfunction events.  According to the USEPA, since this exclusion is not allowed under Section 302(k), Indiana is required to submit a revision of the SSM provisions for approval into the SIP by November 22, 2016.

The Indiana Department of Environmental Management (IDEM) is proposing amendments to the state rules to include SSM provisions.  326 IAC 1-6-3 will remain unchanged by the amendment process since it does not pertain to malfunction.  326 IAC 2-9-1(h) will change as it references 326 IAC 1-6 in its requirements.  The first notice of comment period started on September 30, 2015; and the second notice of comment period was on March 30, 2016.  The first hearing to the public comment period was scheduled on August 10, 2016.  IDEM has announced another hearing on November 9, 2016 on amendments to the SSM rule.

In the amended rules, IDEM is making it compulsory to report any malfunctions of an emission unit within four (4) daytime business hours from the start of the event.  If the malfunction event is not reported within the above mentioned time, it will be considered as a violation of this rule.  Industries will also be required to save all records related to malfunction, startup shutdown event for three (3) years.  During any malfunction events, an emission unit must not be operated unless the emissions are being controlled by a control device.  The owner and the operator must take necessary actions as soon as feasible to reduce excessive emissions from the event.  Industries which have a permit under 326 IAC 2-5.1 and 326 IAC 2-6.1 will be affected by this rule.