IN.gov - Skip Navigation

Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.

Amber Alert
Amber Alert - TEST

Indiana Department of Environmental Management

IDEM > Rules > Agency Rules > Commissioner's Order #2004-02 Commissioner's Order #2004-02

State of Indiana,
County of Marion,

Before the Indiana Department of Environmental Management,
In the Matter of:
Order of the Commissioner,
Pursuant to 326 IAC 2-8-11.1(f) and 326 IAC 8-1-1
for Imagineering Enterprises, Inc.

Notice and Order of the Comissioner of the Indiana Department of Environmental Management

Commissioner's Order #2004-02

Via Certified Mail No.

To:

This Notice and Order of the Commissioner of the Department of Environmental Management ("Order") is issued pursuant to IC 13-14-1-9 and IC 13-14-2-1, and is based on 326 IAC 2-8-11.1(f) and 326 IAC 8-1-1.

Imagineering Enterprises, Inc. (Petitioner) requested a permit revision under 326 IAC 2-8-11.1(f) to be exempted from the requirements of 326 IAC 8-2-9 when meeting the requirements of 326 IAC 8-1-1(b) for paint spray booth K-6.

During the commissioner's review it was determined that the Petitioner met all requirements of 326 IAC 2-8-11.1(f) and 326 IAC 8-1-1 according to the terms specified below:

Petition Requirements

Pursuant to 326 IAC 2-8-11.1(f), the Petitioner's request may be granted as follows:

  1. Significant permit revision procedures are as follows:
    1. A significant permit revision is a modification that is not an administrative amendment under section 10 of this rule or subject to subsection (d) and includes the following:
      1. Any modification that would be subject to 326 IAC 2-2, 326 IAC 2-3, or 326 IAC 2-4.1.
      2. Any modification that results in the source needing to obtain a Part 70 permit under 326 IAC 2-7.
      3. A modification that is subject to 326 IAC 8-1-6.
      4. Any modification with a potential to emit lead at greater than or equal to one (1) ton per year.
      5. Any modification with a potential to emit greater than or equal to twenty-five (25) tons per year of the following pollutants:
        1. Particulate matter (PM) or particulate matter with an aerodynamic diameter less than or equal to ten (10) micrometers (PM10).
        2. Sulfur dioxide (SO2).
        3. Nitrogen oxides (NOx).
        4. Volatile organic compounds (VOC).
        5. Hydrogen sulfide (H2S).
        6. Total reduced sulfur (TRS).
        7. Reduced sulfur compounds.
        8. Fluorides.
      6. For a source of lead with a potential to emit greater than or equal to five (5) tons per year, a modification that would increase the potential to emit greater than or equal to six-tenths (0.6) ton per year.
      7. Any modification with a potential to emit greater than or equal to ten (10) tons per year of a single hazardous air pollutant as defined under Section 112(b) of the CAA or twenty-five (25) tons per year of any combination of hazardous air pollutants.
      8. Any modification with a potential to emit greater than or equal to one hundred (100) tons per year of carbon monoxide (CO).
      9. Any modification involving a pollution control project as defined in 326 IAC 2-1.1-1 that results in an increase in the potential to emit any regulated pollutant greater than the thresholds under this section and requires a change in the method or methods to demonstrate or monitor compliance.
      10. Any modification involving a pollution prevention project as defined in 326 IAC 2-1.1-1 that increases the potential to emit any regulated pollutant greater than the thresholds under this section or that results in emissions of any regulated pollutant not previously emitted.
    2. The following conditions shall apply to significant permit revisions:
      1. Any person proposing to make a modification described in this subsection shall submit an application concerning the modification and shall include the information under subsection (c).
      2. The commissioner shall provide a copy of the significant permit revision application and draft and final operating permit revision to the U.S. EPA.
      3. Except as provided in 326 IAC 2-13, the source may not begin construction on any emissions unit that is necessary to implement the change until the commissioner has revised the permit.
      4. The commissioner shall provide for public notice and comment in accordance with section 13 of this rule.
      5. The commissioner shall approve or deny the significant permit revision as follows:
        1. Within one hundred twenty (120) calendar days from receipt of an application for a significant permit revision, except for a significant permit revision under subdivision (1)(A).
        2. Within two hundred seventy (270) calendar days from receipt of an application for a significant permit revision under subdivision (1)(A).
      6. If approved, the permit shall be revised by incorporating the significant permit revision into the permit. The commissioner shall make any changes necessary to assure compliance with this title and the CAA prior to attaching the significant permit revision to the permit.

Pursuant to 326 IAC 8-1-1, the Petitioner's request may be granted under the following conditions:

  1. Once a facility becomes subject to a rule in Article 8 under any rule applicability section in Article 8, the facility shall remain subject to the rule notwithstanding any subsequent decrease in VOC emissions unless the provisions of subsections (b) through (d) are met. Any proposal to establish an alternative limitation or requirement other than the streamlining of multiple requirements shall be in accordance with 326 IAC 8-1-5.
  2. A facility subject to Article 8 may be exempted by the commissioner from any of these applicability sections if the facility has an enforceable permit issued under 326 IAC 2 or a federally-approved SIP revision that permanently restricts one (1) or more facility activities that result in VOC emissions, such as production, hours of operation, or capacity utilization, so that restrictions lower actual emissions before add-on controls to a level below fifteen (15) pounds per day. Upon expiration of the facility's permit, the exemption shall also expire, and the facility shall be subject to the requirements of all applicable rules within Article 8, unless a renewed permit containing the exemption is issued pursuant to 326 IAC 2.
  3. The permit or other enforceable document referenced in subsection (b) shall also require a facility owner or operator to keep records to demonstrate compliance with the permit or document restrictions. If the restriction is based on actual emissions or operations, the facility owner or operator shall keep records of throughput or actual coating usage to determine compliance. If the applicability level of the rule is in terms of actual emissions per day, the facility owner or operator shall be required to keep, at a minimum, daily consumption records, certification of VOC emission rates, and daily calculation of VOC emissions.
    • If the rule specifies an applicability level based on potential emissions per year, the permit or enforceable document shall restrict actual production, hours of operation, and/or capacity utilization on a monthly basis, and the facility owner or operator shall be required to keep, at a minimum, daily consumption records, certification of VOC emission rates, and monthly calculations of VOC emissions.
  4. All permits, renewed permits, and other enforceable documents referenced in subsection (b) shall be submitted to the U.S. EPA as SIP revisions.

Petition

Background

Imagineering Enterprises, Inc., located at 1302 West Sample Street, South Bend, Indiana 46619-3894 in St. Joseph County is a stationary metal automotive and general commercial transportation finishing and coating source.

On November 18, 2002, IDEM issued a federally enforceable state operating permit (FESOP) renewal to Imagineering that included a limit of a total of fifteen (15) pounds per day of VOC for both paint booths K-1 and K-2.

On November 27, 2002, IDEM issued an administrative amendment to the original FESOP permit, 141-141152-00090, that added paint booth K-6. In accordance with Section D.4.1 of the adminstrative amendment, volatile organic compound emissions were subject to 326 IAC 8-2-9 as follows:

D.4.1 Volatile Organic Compounds (VOC) [326 IAC 8-2-9]
  1. For the topcoat operation, the VOC delivered to a coating applicator that applies extreme performance coatings shall be limited to 3.5 pounds of VOC per gallon of coating excluding water.
  2. For the primer operation, the VOC delivered to a coating applicator shall be limited to 3.0 pounds of VOC per gallon of coating, excluding water.

The Petitioner submitted a request on February 13, 2003 (Exhibit 1), to have its federally enforceable state operating permit (FESOP) amended to allow for the use of coatings in paint spray booth K-6 that do not comply with the requirements of 326 IAC 8-2 in accordance with the exemption in 326 IAC 8-1-1(b). This exemption allows for the use of coatings that do not comply with 326 IAC 8-2 as long as the volatile organic compounds (VOC) do not exceed fifteen (15) pounds per day. In addition, the Petitioner requested that separate limits of fifteen (15) pounds per day VOC be applied to each of the paint booths, K-1 and K-2 because the combined limit of fifteen (15) pounds per day was incorrect.

The Petitioner's request was to be exempted from the requirements of 326 IAC 8-2-9 under the exemption in 326 IAC 8-1-1(b). Under subsection (b):

AA facility subject to this article may be exempted by the commissioner from any of these applicability sections if the facility has an enforceable permit issued under 326 IAC 2 or a federally-approved SIP revision that permanently restricts one (1) or more facility activities that result in VOC emissions, such as production, hours of operation, or capacity utilization, such that restrictions lower actual emissions before add-on controls to a level below fifteen (15) pounds per day. Upon expiration of any facility's permit, such exemption shall also expire, and such facility shall be subject to the requirements of all applicable rules within this article, unless a renewed permit containing such exemption is issued pursuant to 326 IAC 2.

In addition, under 326 IAC 8-1-1(d), Aall permits, renewed permits, and other enforceable documents referenced in subsection (b) shall be submitted to the U.S. EPA as SIP revisions.@

IDEM issued a significant permit revision making the requested amendment to paint booth K-6 to Imagineering on April 2, 2003 (Exhibit 2). The permit revision also corrected the limits for paint booths K-1 and K-2.

Attached Documents

The following documents are incorporated into this document:

  • Exhibit 1: February 13, 2003 request to amend the FESOP to allow for the use of coatings in paint spray booth K-6 that do not comply with the requirements of 326 IAC 8-2 under the exemption in 326 IAC 8-1-1(b).
  • Exhibit 2: April 2, 2003 Significant Revision to FESOP 141-14152-00090 and Technical Support Document.

Findings

  1. The Petitioner requested an exemption under 326 IAC 8-1-1(b) to allow for the use of coatings in paint booth K-6 that do not comply with 326 IAC 8-2-9.
  2. Under 326 IAC 2-8-11.1(f), a significant permit revision may be issued for these changes.
  3. Under 326 IAC 8-1-1(b), the Petitioner may be exempted from the requirements of 326 IAC 8-2-9 if a restriction of fifteen (15) pounds per day is applied. In addition, the permit revision must be submitted to the U.S. EPA as a revision to the state implementation plan (SIP).
  4. The commissioner agrees the Petitioner may be exempted from 326 IAC 8-2-9 in accordance with 326 IAC 8-1-1(b) and a significant permit revision was issued on April 2, 2003 to amend the VOC emission limits to paint booth K-6.

Conditions of Approval

Pursuant to 326 IAC 8-1-1(b), 326 IAC 8-1-1(d), and the significant permit revision issued on April 2, 2003, the following conditions shall be met:

  1. The requirements of 326 IAC 8-2 are not applicable to paint booth K-6 on days that the VOC delivered to the applicator is limited to less than fifteen (15) pounds per day.
  2. The significant permit revision identified in this Commissioner's Order shall be submitted to U.S. EPA as a revision to the SIP.

Order

  1. This Order issued pursuant to IC 13-14-1-9 and IC 13-14-2-1 approves the petition submitted by the Petitioner subject to the conditions of approval and allows Petitioner to operate pursuant to 326 IAC 8-1-1(b) in accordance with this Order.
  2. This Order shall apply to and be binding upon the Petitioner, its successors and assigns. No change in ownership, corporate, or partnership status of the Petitioner shall in any way alter its status or responsibilities under this Order.

Effective Date of Order

Pursuant to IC 13-14-1-9 and IC 13-14-2-1, the Order will only take effect after a thirty (30) day public notice period, a public hearing of this Order, and issuance of this Order. This Order will be submitted to the U.S. Environmental Protection Agency as a revision to the state implementation plan. Upon approval by the U.S. Environmental Protection Agency, this Order will be part of the state implementation plan.

Pursuant to IC 4-21.5-3-2, IC 4-21.5-3-5 and IC 4-21.5-3-7, this Order becomes effective eighteen (18) days after service through the United States mail, of the issued Order, unless a petition for judicial review is filed before, or on, the eighteenth (18th) day. Standing and substantive requirements are specified in IC 4-21.5-5-3 and IC 4-21.5-5-7, respectively.

Pursuant to IC 4-21.5-5-9, a person seeking judicial review of this Order may, by filing a verified petition, request an order of the court staying this Order, pending a decision by the court.

If there are procedural or scheduling questions regarding a request for review, contact the Office of Environmental Adjudication at (317) 232-8591.

Issued at Indianapolis, Indiana, this day of March 2004.

_______________________
Janet G. McCabe
Assistant Commissioner
Office of Air Quality

Top