ATTACHMENT C 
TITLE 326 AIR POLLUTION CONTROL BOARD

SECOND NOTICE OF COMMENT PERIOD

LSA Document #09-362

DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING OPEN BURNING

PURPOSE OF NOTICE

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for

amendments to 326 IAC 4-1 concerning open burning. By this notice, IDEM is soliciting public comment on the

draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326

that may be affected by this rulemaking.

HISTORY

First Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326090362FNA).

Continuation of First Notice of Comment Period: June 30, 2010, Indiana Register (DIN:

20100630-IR-326090362FCA).

Continuation of First Notice of Comment Period: October 20, 2010, Indiana Register (DIN:

20101020-IR-326090362FCA).

CITATIONS AFFECTED: 326 IAC 4-1.

AUTHORITY: IC 13-14-8; IC 13-14-9; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-9.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

Basic Purpose and Background

Open burning is the burning of any materials wherein contaminants resulting from combustion are emitted

directly into the air, without passing through a stack or chimney from an enclosed chamber. Open burning

activities may contribute to the formation of ground level ozone, which is a harmful pollutant that damages human

health, vegetation, and buildings. Open burning activities produce smoke, which contributes to regional haze,

visibility impairment, and fine particulates. Fine particles can reach levels that cause health problems including

eye, nose, and throat irritation, lung irritation and congestion, and shortness of breath and coughing.

Open burning is generally prohibited in Indiana; however, state law exempts certain open burning activities

under conditions that minimize impact on air quality and public health. Open burning activities that are allowed

include maintenance burning, recreational or ceremonial fires, and the burning of clean petroleum products for fire

extinguisher training. Emergency burning is allowed in specified situations with verbal approval from IDEM. In

addition to the specific limited instances when open burning is allowed, a person may submit an application to

IDEM for an approval to engage in open burning. The types of open burning that may be considered by IDEM for

an approval include burning for purposes of fire training and burning of natural growth derived from a clearing

operation.

IDEM has determined that additional categories of open burning may be suitable for exemption from the

current IDEM approval process. These new exemptions will relieve IDEM and the regulated community of

unnecessary paperwork while continuing to protect the public and Indiana's environment. The additional

categories are as follows:

• To amend 326 IAC 4-1-3(c)(4) to allow prescribed burning by municipalities and county governments (local

jurisdictions) for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or

prevention. The current rule applies only to prescribed burns performed by the Department of Natural

Resources (DNR), United States Department of the Interior, and United States Department of Agriculture

Forest Service.

• To amend 326 IAC 4-1-3(c)(8) to clarify that the burning of clean petroleum products, natural gas, methane,

or propane for fire training can be conducted using mobile training units.

• To amend 326 IAC 4-1-3(c) by adding criteria that would allow the burning of two single family,

nondemolished dwellings per calendar year by municipal fire departments for the purposes of live fire

training.

• To amend 326 IAC 4-1-3(c) to allow the ceremonial burning of United States flags. IDEM intends for this

exemption to allow for the respectful retirement of United States flags while minimizing emissions of

pollutants during the burning process.

• To amend 326 IAC 4-1-4(2) to clarify that emergency burning is allowed with prior oral approval when there

is an imminent hazard to health, safety, or the environment. The current rule allows emergency burning with

prior oral approval when there is an imminent health or safety hazard following a natural disaster, such as a

tornado, high winds, hail storm, earthquake, fires, flood, ice storm, or explosion. Ensuring that this rule covers

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imminent environmental hazards would allow for timely burning of insect-infested trees, such as those

infested with the emerald ash borer or the Asian longhorned beetle.

These exemptions and clarifications are not anticipated to increase the amount of open burning occurring in

Indiana.

At this time IDEM is not proposing to amend the definition of "air curtain destructor" in 326 IAC 1-2-2.5 to

allow the operation of an approved portable self-contained unit or to amend the approval conditions of an air

curtain destructor in 326 IAC 4-1 to allow for the operation of a portable self-contained unit. A Continuation of First

Notice of Comment Period was published in the Indiana Register on October 20, 2010 (DIN:

20101020-IR-326090362FCA) to request comment on amendments to requirements for air curtain destructors

(open pit trench burners). IDEM plans to follow up with a subsequent rulemaking to address air curtain destructors

when information on operating conditions for portable self-contained units is available.

Upon completion of the rulemaking, this rule may be submitted to the United States Environmental Protection

Agency for approval as a revision to the state implementation plan.

IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law

The following elements of the draft rule impose either a restriction or a requirement on persons to whom the

draft rule applies that is "not imposed under federal law" (NIFL element).

The following information is provided with each NIFL element:

(1) The environmental circumstance or hazard dictating the imposition of the NIFL element in order to protect

human health and the environment in Indiana and examples in which federal law is inadequate to provide this

protection for Indiana.

(2) The estimated fiscal impact and expected benefits of the NIFL element, based on the extent to which the

NIFL element exceeds the requirements of federal law.

(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL

element including, if applicable, health criteria, analytical methods, treatment technology, economic impact

data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and

other background data.

NIFL Element A: The following elements of the draft rule impose either a restriction or a requirement on

persons to whom the draft rule applies that is "not imposed under federal law": amend 326 IAC 4-1-3(c) to

establish criteria for an exemption to allow the burning of two single family, nondemolished dwellings per calendar

year by municipal fire departments for the purposes of live fire training; amend 326 IAC 4-1-3(c)(8) to include an

exemption to allow the burning of clean petroleum products, natural gas, methane, or propane for fire training

using a stationary or mobile training unit; amend 326 IAC 4-1-3(c)(4) to include an exemption for prescribed

burning by municipalities and county governments for wildlife habitat maintenance, forestry purposes, natural area

management, and firefighting or prevention; and amend 326 IAC 4-1-3(c) to allow the ceremonial burning of

United States flags.

(1) The amendments to the open burning rule are for administrative purposes only, IDEM does not anticipate

any negative impact to the environment as a result of these amendments.

(2) These amendments to the open burning rule will reduce the amount of time that IDEM staff presently

allocates to investigating and issuing open burning approvals. It will also reduce paperwork and time

allocation requirements of the sources that routinely apply for open burning approvals. The criteria and

conditions will still remain the same as currently contained in open burning approvals. Therefore, the fiscal

impact is expected to be positive for both IDEM and those seeking approval.

(3) The current open burning rule and applications for approval from the open burning rules were used in the

preparation of the draft rule language. The current open burning rule can be viewed at the following website:

http://www.in.gov/legislative/iac/T03260/A00040.PDF

The applications for open burning approvals can be viewed at the following website:

http://www.in.gov/idem/4980.htm

NIFL Element B: Amend 326 IAC 4-1-4(2) to clarify that environmental hazards are included that will allow for

the emergency burning of insect-infested trees such as those infested with the emerald ash borer or the Asian

longhorned beetle.

(1) The emergency burning rule has already been interpreted by IDEM to include the burning of

insect-infested trees such as those infested with the emerald ash borer or the Asian longhorned beetle;

therefore, the amendment to the emergency burning rule is for clarification purposes only.

(2) This rule amendment is expected to have no fiscal impact because the emergency burning rule has

already been interpreted by IDEM to include the burning of insect-infested trees.

(3) The current open burning rule was used in the preparation of the draft rule language and can be viewed at

the following website:

http://www.in.gov/legislative/iac/T03260/A00040.PDF

Potential Fiscal Impact

By amending the open burning approval process, IDEM will be able to substantially reduce the amount of

staff time that is presently allocated to investigating and issuing approvals. The amendments will also reduce

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paperwork and time allocation requirements of state and local governmental units that routinely apply for open

burning approvals. Therefore, the fiscal impact is expected to be positive for both IDEM and those seeking

approval. No increase or decrease in open burning is expected from these revisions.

Public Participation and Workgroup Information

No workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the

rule is appropriate, please contact Susan Bem, Rule and State Implementation Plan Development Section, Office

of Air Quality at (317) 233-5697 or (800) 451-6021 (in Indiana).

SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD

IDEM requested public comment from June 3, 2009, through July 6, 2009, on alternative ways to achieve the

purpose of the rule and suggestions for the development of draft rule language. IDEM received comments from

the following parties by the comment period deadline:

Fishers Fire Department (FFD)

Vigo County Agencies of Emergency Response (VCAER)

Explorer Pipeline Company (EPC)

Improving Kids' Environment (IKE)

Indiana Department of Homeland Security (IDHS)

Indiana Fire Instructors Association, Inc. (IFIA)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: Nearly all fire departments are comprised of three shifts and all three shifts need to be trained to

the same level. Limiting fire departments to just two houses will cut out the third shift. Three houses per

department is needed and possibly more for a recruit class. (FFD)

Response: The proposed revisions to the open burning rules at 326 IAC 4-1 are not intended to meet all of

the fire training needs of a particular fire department. A fire department is not limited to burning two structures for

fire training in a twelve month period. When more than two structures are required in a twelve month period, the

fire department may apply to IDEM for approval from 326 IAC 4-1 to conduct the additional fire training.

Comment: Indiana Department of Homeland Security staff, IDEM and members of the fire service should

come together to develop the guidance defining reasons why more than two structures should be burned in a

calendar year. (IDHS, IFIA)

Response: IDEM has always welcomed the opportunity to work with any person or organization in an effort to

better serve the citizens of Indiana by providing a cleaner and safer environment. IDEM has worked with the State

Fire Marshall's Office in the past to propose the revisions to the open burning approvals and if this is still a

concern for IDHS, IDEM is always willing to work with organizations to discuss this in further detail. The proposed

rule still allows fire departments to apply to burn more than two structures per year for training purposes.

Comment: The wording of "municipal fire departments" at 326 IAC 4-1-3(c) needs to be changed to "all fire

departments" since a majority of the fire departments are not municipal but volunteer or combination. (VCAER)

Comment: IDEM is proposing to amend 326 IAC 4-1-3(c) by adding criteria that would allow the burning of

two single family, nondemolished dwellings per calendar year by municipal fire departments for the purposes of

live fire training. The commenter proposes that the language be written to allow two burnings of nondemolished

dwellings per calendar year without an IDEM permit by a "registered" fire department. This rule change would still

require the fire department to comply with the preparation of the building according to IDEM protocols. A local fire

department or fire training institution that operates fire/emergency response equipment that has been issued a fire

department identification number (FDID) by the Indiana State Fire Marshal would be considered eligible for this

exemption. "Municipal" would not include most volunteer fire departments organized within the state of Indiana.

The way this language is written, it would prevent most volunteer fire departments from obtaining a variance for

burning two nondemolished dwellings per calendar year. A department that uses this exemption must report to

IDEM on an approved application at least 30 days before the burning is to occur. (IDHS, IFIA)

Response: The proposed revision to 326 IAC 4-1-3(c) to add criteria that will allow the burning of two single

family, nondemolished structures per calendar year by municipal fire departments for the purposes of live fire

training is not intended to relate to all training needs of all fire departments in the State of Indiana. Fire training

has been an essential tool for both municipal and volunteer fire departments in providing protection in their

respective areas of jurisdiction. Most of the training activities have not required the burning of a structure, and the

majority of municipal and volunteer fire departments have either never applied to burn a structure or have applied

for a limited number on an annual basis. Some fire departments have reported that available structures for fire

training are limited or nonexistent.

Municipal fire departments will be held accountable for complying with all conditions. This includes notifying

IDEM prior to the burning along with notification to the local health and sheriff's departments.

Comment: In reference to 326 IAC 4-1-3(c)(8), the wording should be changed to include fire departments

using their mobile or stationary training units. (VCAER)

Comment: Amend 326 IAC 4-1-3(c)(8) to include an exemption to allow the burning of clean petroleum

products, natural gas, methane, or propane for fire training conducted by the Indiana Department of Homeland

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Security using its mobile training unit. The exemption should also allow for any permanent training facilities

operated by local units of government or fire departments that only use clean petroleum products, natural gas,

methane, or propane to conduct fire training. (IDHS, IFIA)

Response: The burning of clean petroleum products, natural gas, or propane for fire extinguisher training is

already exempt provided the conditions noted in 326 IAC 4-1-3(c)(8) are followed. The burning of other materials

for training purposes using mobile or stationary training units is not prohibited provided an approval is issued by

IDEM. While not including mobile or stationary fire training units in the proposed revision to 326 IAC 4-1-3(c)(8)

will not restrict, limit, or prohibit the use of these facilities for their intended purposes, IDEM has amended the

language to clarify that mobile or stationary training units are included.

Comment: Explorer Pipeline owns and operates a 24-inch refined products pipeline and several multi

diameter lateral lines in the State of Indiana. The pipeline transports refined products, mainly jet fuel, diesel, and

gasoline, from the Gulf Coast into the Midwest region. The pipeline operates at rates of up to 14,350 gallons per

minute and is designed for pressures up to 875 psi. Explorer's priorities are public safety, safety of the pipeline

and service to customers. Due to the sensitive nature of the business, Explorer Pipeline requests that 60-day

notice be given prior to any open burning in the vicinity of the pipeline to enable review and provide any

necessary damage mitigation plans. (EPC)

Response: IDEM appreciates the comment and understands the concern. In the current open burning rules,

there is already a provision at 326 IAC 4-1-3(c)(1)(F) that prohibits fires within five hundred (500) feet of a pipeline

without IDEM approval and a provision at 326 IAC 4-1-4.1(d)(9)(B) that only allows fires within three hundred

(300) feet of a pipeline if advance approval is received from IDEM. Therefore, IDEM does not feel that adding a

provision that requires a 60-day notice to pipeline companies prior to open burning near a pipeline is necessary.

Comment: IKE understands the value of eliminating unnecessary paperwork. If there is truly no value added

to a particular administrative step, then it makes sense to consider eliminating it. However, IKE is concerned that

some of these proposed exemptions will encourage open burning, and therefore increase air pollution, when other

options are available. Eliminating the need to seek a variance for certain types of open burning also eliminates the

opportunity for IDEM to include the safety and air pollution precautions that are routinely made conditions of open

burning variances. And while those conditions may be included in the rule language, there is less certainty that

burners will know about those conditions, or pay serious attention to them, when they have not received an actual

piece of paper from IDEM reminding them of those conditions. (IKE)

Response: IDEM agrees that following the conditions to exempt open burning is essential in protecting the

environment and well-being of the citizens of Indiana. IDEM requires safety and air pollution precautions at 326

IAC 4-1-3(b) and within the new fire training exemption at 326 IAC 4-1-3(c)(9). Fire departments will need to

follow the rule to understand the requirements and will be reminded of these conditions at that time instead of

when they receive the paper approval from IDEM. Notification conditions in the rule will allow the opportunity for

oversight prior to and during any exempt open burning activity.

Comment: Millions of Indiana citizens live in areas where air quality does not meet, or comes very close to

not meeting, air quality standards for ozone and fine particles. IDEM should evaluate and explain the impact that

these proposed changes would have on local air quality and public health in those areas. Open burning should be

banned in nonattainment areas and at anytime there are air pollution alerts. (IKE)

Response: The revisions in the draft rule will not impact local air quality and public health because they are

not expected to change the frequency or location of open burning activities. These revisions address the

administrative function associated with open burning activities and will reduce paperwork and time allocation

requirements of state and local governmental units that routinely apply for open burning approvals. IDEM has

banned residential open burning in Lake, Porter, Clark, and Floyd counties as part of a strategy to reduce

associated pollutants in these areas. Burning activities conducted under the exemptions in 326 IAC 4-1-3(c) are

not allowed on days when a pollution alert or air quality action day has been declared.

Comment: Restrictions on open burning are part of the attainment or maintenance plans for some counties.

IDEM should identify what impacts these proposed changes would have on federal approval of the clean air

plans. (IKE)

Response: IDEM does not anticipate any impact on the federal approval of the clean air plans as a result of

the proposed changes to the open burning rules since the revisions in the draft rule address administrative

functions associated with open burning approvals. IDEM does not believe the draft revisions will lead to more

open burning.

Comment: Fire training on undemolished dwellings is undoubtedly in the public interest and IKE is not

opposed to it. However, to allow each municipal fire department up to two single-family nondemolished dwellings

for fire training could lead to substantially more open burning in our neighborhoods than currently exists, more

than may be necessary to assure appropriate training. The First Notice states that IDEM processes approximately

130 approvals for fire training each year. Can fire departments combine their training exercises (as was

suggested a number of years ago when the suggestion was made that each fire department be permitted to

conduct training on one vehicle per year)? (IKE)

Response: IDEM appreciates the comment and, in all cases, encourages multi-department participation in

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any fire training approval issued.

Comment: The proposed exemption for city or town highway departments to open burn wood products

derived from pruning roadsides needs further consideration. This material has value. It can be chipped into mulch

or composted and either sold or used in city or town landscaping activities. Unless the burning is to occur at the

side of the road, it is likely that brush will be already compacted or cut in some way for easier, more efficient

transportation. The current open burning statute allows the burning by county highway departments of "wood

products derived from pruning or clearing a roadside by a county highway department," IC 13-17-9-1(a)(3). This

proposal could greatly expand the amount of burning that could occur in Indiana cities and towns. The First Notice

of Comment Period does not indicate how many approvals are generally granted to local governments, or how

many requests are routinely received by the department. How much brush does the department estimate will be

burned as a result of this change? What is the expected air pollution and public health impact from this additional

burning? Have local governments requested this exemption? (IKE)

Response: IDEM does not have an estimate of how much brush will be burned as a result of this change, but

does not anticipate a change in air pollution or a public health impact from this additional burning because the

change only affects the administrative requirements associated with open burning activities. After further

consideration, IDEM is not proposing to include the burning of wood products derived from the pruning or clearing

a roadside by a city or town as an exempt activity because of the close proximity of residences in cities and

towns.

Comment: The proposed exemption for local jurisdictions to do prescribed burning warrants further

discussion. What does IDEM mean by "local jurisdictions"? The entities currently allowed to conduct prescribed

burning are the Indiana Department of Natural Resources, the U.S. Department of the Interior, and the U.S.

Department of Agriculture Forestry Service. These are agencies with considerable experience and expertise in

knowing when prescribed burning is appropriate. There is no assurance that the "local jurisdictions" IDEM

proposes to exempt here would have any expertise in these issues and the purposes stated in the exemption

("wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or prevention") are

significantly broad to allow substantial burning for what could be essentially a convenience. (IKE)

Response: IDEM has changed "local jurisdictions" to "municipalities and county governments." IDEM

believes that these entities have the experience and expertise required to conduct prescribed burning. This

amendment will reduce paperwork and time allocation requirements of municipalities and county governments

that routinely apply for open burning approvals to conduct prescribed burns and will reduce the amount of staff

time that is presently allocated to investigating and issuing open burning approvals.

Comment: IKE agrees that the proposed changes for burning in the case of an emergency, such as infested

trees, and to allow fire training by the Indiana Department of Homeland Security mobile van under the conditions

described in the First Notice of Comment Period make sense. (IKE)

Response: IDEM agrees with the commenter. The emergency burning rule has already been interpreted by

IDEM to include the burning of insect-infested trees such as those infested with the emerald ash borer; therefore,

this amendment is for clarification purposes only. IDEM is also allowing fire training using a mobile or stationary

unit where clean petroleum products, natural gas, methane, or propane is burned.

Comment: Any department that desires to burn a building with this exemption must be in compliance with

Indiana Department of Homeland Security reporting requirements for Indiana Fire Incident Reporting System and

National Incident Management System. Indiana Department of Homeland Security and the Indiana Fire

Instructors Association recommend that compliance with the most recent version of National Fire Protection Act

1403 be required for any fire department granted a variance to conduct burning for training purposes. (IDHS, IFIA)

Response: IDEM supports compliance with National Fire Protection Act 1403 guidelines, and addresses

compliance with other federal, state, or local laws at 326 IAC 4-1-3(c)(9)(G).

Comment: The Indiana Department of Homeland Security and Indiana Fire Instructors Association

recommend a three year exemption for permanent fire training facilities that use Class A fuel. Provisions should

be included in the rule that prevent the burning for training whenever a clean air alert has been issued by the

appropriate authority. An application process should be established for a training site to apply for and be

approved by Indiana Department of Homeland Security for the exemption prior to being submitted to IDEM for

approval. (IDHS, IFIA)

Response: Stationary training facilities already have the option of applying for a multiple year approval (326

IAC 4-1-4.1(e)) to conduct fire training and the standard conditions in any approval have always been to not burn

during periods of unfavorable meteorological conditions, where a burn ban has been declared, or when a pollution

alert has been declared.

IDEM encourages and welcomes Indiana Department of Homeland Security participation in the approval

process; however, enforcement of Indiana Department of Homeland Security requirements related to fire training

is better suited for that office.

Comment: There is no provision in the law to allow live burn training facilities (shipping containers) to exist

and burn clean Class B fuel such as hay, straw and/or clean wood. The Indiana Firefighter Training System has

purchased several of this type of facility to allow firefighters to conduct live fire training in a safe manner. The

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position of Indiana Department of Homeland Security and Indiana Fire Instructors Association is that the rule must

be drafted to allow for these facilities to be legal. (IDHS, IFIA)

Response: IDEM does not provide the authority for the existence of live burn training facilities. The open

burning rule allows for any person to apply for fire training approval, including at these types of facilities.

SUMMARY/RESPONSE TO COMMENTS FROM THE CONTINUATION OF FIRST NOTICE OF COMMENT

PERIOD

IDEM requested public comment from June 30, 2010, through July 30, 2010, on alternative ways to achieve

the purpose of the rule and suggestions for the development of draft rule language concerning the ceremonial

burning of the United States flag. IDEM received no comments in response to the Continuation of First Notice of

Comment Period.

SUMMARY/RESPONSE TO COMMENTS FROM THE CONTINUATION OF FIRST NOTICE OF COMMENT

PERIOD

IDEM requested public comment from October 20, 2010, through November 19, 2010, on alternative ways to

achieve the purpose of the rule and suggestions for the development of draft rule language concerning the

operation of portable self-contained air curtain destructors. IDEM received no comments in response to the

Continuation of First Notice of Comment Period.

REQUEST FOR PUBLIC COMMENTS

This notice requests the submission of comments on the draft rule language, including suggestions for

specific revisions to language to be contained in the draft rule. Mailed comments should be addressed to:

#09-362 (APCB) Open Burning

Susan Bem Mail Code 61-50

Rule and SIP Development Section

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana 46204

Hand delivered comments will be accepted by the receptionist on duty at the tenth floor reception desk, Office of

Air Quality, 100 North Senate Avenue, Indianapolis, Indiana.

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-5967, Monday through Friday,

between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rule and

State Implementation Plan Development Section at (317) 234-6530.

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or hand delivered by March 18, 2011.

Additional information regarding this action may be obtained from Susan Bem, Rule and State

Implementation Plan Development Section, Office of Air Quality, 317-233-5697 or (800) 451-6027 (in Indiana).

DRAFT RULE

SECTION 1. 326 IAC 4-1-3 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-3 Exemptions

Authority: IC 13-14-8; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows:

(1) A person may open burn the following:

(A) Vegetation from any of the following:

(i) A farm.

(ii) An orchard.

(iii) A nursery.

(iv) A tree farm.

(v) A cemetery.

(vi) A drainage ditch.

(vii) Agricultural land, if the open burn occurs in an unincorporated area.

(B) Wood products derived from the following:

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(i) Pruning or clearing a roadside by a county highway department.

(ii) The initial clearing of a public utility right-of-way so long as the open burn occurs in an unincorporated

area.

(C) Undesirable:

(i) wood structures on real property; or

(ii) wood remnants of the demolition of a predominantly wooden structure originally located on real

property;

located in an unincorporated area.

(D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the

railroad rights-of-way, but not including railroad ties.

(2) All open burning that is allowed under this subsection must comply with the following conditions:

(A) A person who open burns shall extinguish the fire if the fire creates a nuisance or fire hazard.

(B) Burning may not be conducted during unfavorable meteorological conditions such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

(C) All fires must be attended at all times during burning until completely extinguished.

(D) All asbestos-containing materials must be removed before the burning of a structure.

(E) Asbestos containing materials may not be burned.

(b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the

following conditions apply to any fire allowed by this subsection:

(1) Fires must be attended at all times and until completely extinguished.

(2) If at any time a fire creates a:

(A) pollution problem;

(B) threat to public health;

(C) nuisance; or

(D) fire hazard;

it shall be extinguished.

(3) No burning shall be conducted during unfavorable meteorological conditions such as any of the following:

(A) High winds.

(B) Temperature inversions.

(C) Air stagnation.

(D) When a pollution alert or ozone air quality action day has been declared.

(4) All burning shall comply with other federal, state, and local laws, rules, and ordinances.

(5) Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.

(6) Burning shall be conducted during daylight hours only, and all fires shall be extinguished before sunset.

(c) The following types of fires are allowed:

(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes,

such as camp fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Only:

(i) clean wood products;

(ii) paper;

(iii) charcoal; or

(iv) clean petroleum products;

may be burned.

(B) Any person conducting recreational or ceremonial fires shall notify the local fire department and

health department must be notified at least twenty-four (24) hours before prior to any burning where if the

size of the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(C) Fires shall:

(i) not be ignited more than two (2) hours before the recreational activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(D) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile

may be burned at a time.

(E) The fires shall not be used for disposal purposes.

(F) Fires shall not take place be located within five hundred (500) feet of any fuel storage area or pipeline.

(2) Private residential burning, where the building contains four (4) or fewer dwelling units. Burning is

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prohibited in apartment and condominium complexes and mobile home parks. Beginning June 23, 1995,

residential open burning is prohibited in the counties listed in section 4.1(c) of this rule. Burning shall be

subject to the conditions in subsection (b) and the following conditions:

(A) Burning shall be in a noncombustible container that:

(i) is sufficiently vented to induce adequate primary combustion; and

(ii) has enclosed sides and a bottom.

(B) Only clean wood products and paper may be burned.

(3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has been

collected in a properly constructed and located burn off pit as prescribed in 312 IAC 16-5-11 in the natural

resources commission rules. Burning shall be subject to the conditions in subsection (b) and the following

conditions:

(A) Each oil pit may be burned once every two (2) months.

(B) The fire must be extinguished within thirty (30) minutes of ignition.

(4) Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR controlled

properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or

prevention; burning by municipalities and county governments, to facilitate prescribed burning for

wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or

prevention; United States Department of the Interior burning, to facilitate a National Park Service Fire

Management Plan for the Indiana Dunes National Lakeshore, for example; and United States Department of

Agriculture, Forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes, natural area

management, ecosystem management, and firefighting or prevention. Burning shall be subject to conditions in

subsection (b)(1) through (b)(5) and the following conditions:

(A) If the fire creates a:

(i) nuisance;

(ii) fire hazard; or

(iii) pollution problem;

it shall be extinguished.

(B) No burning shall be conducted during unfavorable meteorological conditions, such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

(iv) When a pollution alert or ozone action day has been declared.

(C) Only vegetation and clean petroleum products may be burned.

Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in subsection

(b) or this subdivision.

(5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be subject to the

conditions in subsection (b) and only clean petroleum products shall be used for ignition purposes.

(6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that

is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning

shall be subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Burning shall only occur between October 1 and May 15.

(B) Burning shall not be conducted for the purpose of disposal.

(7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing

an existing fire. Such burning is not subject to the conditions in subsection (b).

(8) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training,

including mobile or stationary training units, subject to the conditions in subsection (b) and the following

conditions:

(A) The local fire department and health department must be notified at least twenty-four (24) hours in

advance of the date, time, and location of the burning.

(B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one (1) of the

following:

(i) Fourteen (14) gallons of clean petroleum products.

(ii) Two hundred twelve (212) gallons of propane.

(iii) Twenty-nine thousand seven hundred (29,700) cubic feet of natural gas or methane.

(C) A combination of the fuels listed in clause (B) may be burned each day. The amount of each fuel that

can be burned each day shall be determined as follows:

(i) The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum

volume allowed in clause (B) for that fuel.

(ii) The sum of the percentages for each fuel burned each day shall not exceed one hundred percent

(100%).

Indiana Register

Date: Nov 22,2011 1:51:17PM EST DIN: 20110216-IR-326090362SNA Page 8
(D) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that

has enclosed sides and a bottom.

(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or

uncontrolled spread of the fire.

(F) Only one (1) fire may be allowed to burn at a time.

(9) Burning of two (2) single family, nondemolished structures per calendar year by municipal fire

departments for purposes of live fire training, subject to the conditions in subsection (b) and the

following conditions:

(A) Written notification must be submitted to the Indiana department of environmental management,

office of air quality at least thirty (30) days prior to the burning with the date, time, and location of

the burning included. A copy of the notification shall be made available at the burning site to state

and local officials upon request.

(B) The fire department conducting the fire training must provide written notification to each

interested party or person owning or renting property within five hundred (500) feet of the structure

to be burned at least fifteen (15) days prior to the training activity or publish a notice of intent to

burn in the local newspaper at least fifteen (15) days prior to the training activity.

(C) The fire department must notify the county health department and county sheriff's department at

least twenty-four (24) hours prior to the burning and include the date, time, and location of the

burning.

(D) All asbestos-containing materials, asphalt roofing including backer paper, and vinyl siding

including Styrofoam backer insulation must be removed before the intentional burning of any

structure. These materials may not be burned and must be handled or disposed of in accordance

with applicable requirements.

(E) Mercury switches and fluorescent bulbs must be removed from the house and properly recycled

or disposed of in a properly permitted municipal solid waste facility.

(F) No burning shall take place within one hundred (100) feet of a structure or power line or three

hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline.

(G) All burning must comply with other federal, state, or local laws, regulations, or ordinances,

including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos).

(10) Ceremonial burning of United States flags, subject to the conditions in subsection (b) and the

following conditions:

(A) Any person conducting ceremonial burning of United States flags shall notify the local fire

department and health department at least twenty-four (24) hours prior to any burning if the size of

the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(B) Fires shall:

(i) not be ignited more than two (2) hours before the activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(C) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet, and only one

(1) pile may be burned at a time.

(D) Fires shall not be located within five hundred (500) feet of any fuel storage area or pipeline.

*This document is 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 Board; 326 IAC 4-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2419; filed May 24, 1995, 10:00

a.m.: 18 IR 2408; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477;

filed Mar 21, 2007, 2:48 p.m.: 20070418-IR-326050268FRA)

SECTION 2. 326 IAC 4-1-4 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-4 Emergency burning

Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 4. Emergency burning with prior oral approval of the commissioner or the commissioner's designated

Indiana Register

Date: Nov 22,2011 1:51:17PM EST DIN: 20110216-IR-326090362SNA Page 9
agent may be authorized for the following:

(1) spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled

material have been made and failure to burn would result in an imminent fire or health hazard or air or water

pollution problem; or

(2) clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn

would result in an imminent health, or safety, or environmental hazard.

The commissioner or the commissioner's designated agent shall issue a written approval within seven (7) days of

the oral approval. The written approval shall contain any conditions on emergency burning that the commissioner

established in the oral approval.

(Air Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2420; filed Jul 30, 1996, 2:00

p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

Notice of Public Hearing

Posted: 02/16/2011 by Legislative Services Agency

An html version of this document.

Indiana Register

Date: Nov 22,2011 1:51:17PM EST DIN: 20110216-IR-326090362SNA Page 10
ATTACHMENT D 
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_;±b. .. EM... ... . . . . .......... ::.~ tr>.©l .. ~~WSANO RISUNE RECEIVED 

CGovemmo<"(a< Vm) · ~ 221 SPRlNG STREET CJar - PO soxss7 .t.:>=~ ls zou ... """'Y·Indian.a , . . JEFFERSO . ILLE, IN 47130" " 

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PUBLISHER'S CLAIM( state of Ino•ana 

LINE COUNT C~portment o1 Environmental Management 

Office of Air Quality 

Display Master (Must rot exceed two actual lines. neither ol which shall 

total more than lour· soli<! lines olthe type in which the body ol the 

advertisement is set) - number of equivalent lines 

Head- number of ~nes _ •••• ____________________ --·---- _ ............... . 

Body- numbet of lines ______________ .. ________ ...... ___ .............. . Tail - number of fines _____ ........ ____ ....... ______ • ________ ... ____ _ 

Total oumbe< of lines in notice 

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COMj,UIATION ~CHARGES . d() . . . 2 'J;I I .... .:l ... ~nes ........... columns wide equals~:'. . .?. eqwvalent lines at ·'·· . .. t> T 

cents per line ......... _ .......... ___ ............ __ ...... _______ ..... ______________ _ $ Lai..:.~.O.. Additional char(Jes for notices containing 1\lle or tabular wor!( (SO pe< cent 

of above am01.mt) _______ ------ ___ ••• _______ ••••••• ___ ............................. . 

Charge for extra proofs of publication {$1.00 for each proof in excess 

of two) __ ........................ ____ ................... ______ ... ______________ _ 

TOTAL AMOUNT OF ClAIM -~~~------·-------··-------·····~--------------------·· 

/."(7""""30 .. $ (04 . .-............... . 

DATA FOR COMPUllNG COST 

Width of single column in picas ........ ~ ........... . 

Number of insertions •............. /. ............• 

Size of type .... 7 .. point 

Pursuant fo the provisions and penalties of tC :>-11·10·1. I he<eby certify that the foregoing account is 

just and OOITect, that the amount claimed is legally due. after allowing all jus1 aeclits. and that no part of the same 

has been paid. 

1 also certify that the printed matter attached hereto is a true copy. of the same colunm width and type size. 

which was duly published in said paper ......•.. /. ............ tim.:ts. The dates o! publicalior~ being as fOllows: 

.................................. 5.. -~ .?. .9. . ~ (.!.. . . . . . . . . . . . . . . . . .. . . . . . . . . . ................................................. . 

Add~ionally. th& statement checKed below is true and corre<:t: 

.... ,...MawspaJ)Eir does not have a Web site . 

. ~. NawspaJ)Eir has a Web site an<lthts public notice was posted on th& same day as It was pubKshed in 

tha n&wspaper . 

. . . . . . NewspaJ)Eir has a Web site, but due <v technical problem or error. pub~c notice was posted on ............... . 

. . . . . . Newpaper has a Web site but refuses to post the public notice. 

Date ... ''-J-1/ -::7 ....................................................... . 

~~~··············· Legal Cieri< 
Claim No. - -----Warrant No.------

!N FAVOR OF 

ON ACCOUNT OF APPROPRIATION ~'OR 

ALLOWED-------------

IN THE SUM OF$ ____ _ 

I hl!ve ex a mined the wl!h In cl.lllm end hoere by certify n /allows 

That it Is in proper /orm. 

Ths I It ;-s duty au then ~Gated a$ req ul utd by li!W 

correct 

Th:ll it rs 8PP<trantly 

irw:orrect 

, · ce<toJy thai the within c,.aom os Llua and e<>rrad. thai the serv· 

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t7y mo ana we1e ~uary to tl"le pootic b<J:slneu 

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LEGAL NOTICE ot Pubtlc Hearing 

Uno' 1r -40 CFR 5 t. 102 notice rs tlereby gfven that tile tncfiS.Il!l Nr Pollullon 

Control Boaro (board) will hold a pubfiC hearing at its regutany scheduled 

meeting on Wednesday, May -4, 2011. The meeting will COffl'ene at 1:00 

p.m. at the Indiana Government Cenler·South, Conlerence Room C. 402 

West Washington St~l. lncianapol"lS, Indiana. The purpose o( the hearing 

is to receive ptblic comments poor to lhe ~ ~~~- AI lnteres!e<l 

persons are invited and wtll be given reasonable opportunity to e•press 

their views ~rnlng the proposed action. 

Copies ot the proposed rule are available to any pel$0fl upon request and 

am available for public: lnspeclion at the following locations: 

Indiana Departmen« 0( Envirofmental Management. Offtee ()( 

Air Quality, Indiana GoverMl81lt Center~ tOO NoM Sen 

ate Avenue, 10th floor-East wing, lndiana.pois,llldiana C6204. 

Legislative Services Agency, ~ Govemmer( Ceotef· 

North. tOO North Senate Avenue. Room N20 t,lncllanapolis,ln ~na46204. 

Indiana Depaf1ment of EtJvitonmerrtal ~ Nor1hwest 

011 ice, 8380 L.ouWa na Street, '118fli1Mlle, Indiana 41>4 I 0. 

Indiana Depanment ot Erwlrom'oen!al Ma~ Nortll&m 

Office, Suite 450,300 N. ~Street. Soulh Bend, Indiana 

-46001. 

Indiana Oepartrnefll o( ErwironmerUI ~~ SQI.dhwest 

OffiCe, 1 !20 North VnceiVIIIS Avenue, P .0. 8oJC 1 28, Peters 

burg, Indiana 47567.Cl28. 

lndi.llna Department ol EnvifOfll'lleOial Ma!lagemeot, Southeast 

Otlice, 820 West Swe.\ Streel, Brownstown. Indiana 47220-

9557. 

Indianapolis Central Ll!)rary. 40 East St Oair Street,lndianaw 

~s. Indiana 46204. 

Hammond Public library. 564 Slate Street, Hammond, Indiana 

. 46320. 

Allen County Public Li>tary, 900 L.ixary Plant. Fort W11yne, In 

diana 46802. 

Eva~lle Vandelbvrgh Public: li>raJY, 200 SE Maftin luttler 

King Jr. Btvd., Evansville, Indiana 4n1 3. 

Board documenls may be viewed and dcmn!oaded from the Indiana De· 

partment or Envtroomental Mana.?emenfs Web site as eany II$ one week. 

prior to the meeting at h!to~ QOYildeml-4l!O.h!m. 

The following rule Is noticed tot' hearinQ and ect1on: 

Gnlenhou&e Gas Title V C&arlflcaUon (l.SA U 1-85). The~ o1 thi1P 

he11ring is to receive plblic comment on amerdtnents to 326\AC 2·7·1. 

conc:emlng clarifiCation of the Tille V greenhouse gas talloflng rute. that 

are proposed tor adoption by the boaro. The proposed rule amends tan· 

guage in lhe pennilllng rules to provide darif~e~~lioo on permitting o( green· 

house gases in Title V pennits. 

For additional intormalion concerning this rule contact ~n Bern at the 

Indiana Departmclnl of Environmental Management, Office of Air Quality, 

Room 1003. Indiana Goverrmenl Center North, 100 North Senate Avenue. 

!ndiall8+)01i3 al (317) 233·5e97or (800) -45 t~7 {ext 3-5697)(in 1~). 

04' 5be!I!Ridem.io gOY. 

E1h11n0l Plant Ctartneatlon (LSAI t 1·99). The purpose o! :t11s heeling is 

to receive public comment 011 amendments 10 326 lAC 2, conoemlng elha· 

no1 plants. !hal are proposed lor adoplion by !ho boaro. The Pfoposed <Ue 

cll!ltilles that ethaoo4 pioduc110f1 lllcilloos are eKCluded lrom the lerm 

•chemlcaJ process plants" In ltle major source cateoory. 

For additional lnlormallon concemlng ltlls nAe cxmtact Arrrf SmiU1al lhe In· 

diana Departmeot o( Envlromnemal Management. Office of Air Ouafity, 

Room 100J,In<ian.a Ooverrvnent Center North, 100 North Senate Avenue. 

Indianapolis at (317) 233-8628 or (800) 451 -0027 (ext 3-8628)(in Indiana), 

or asnjlbctldem in gov. 

Compllanctl Ma nlto ring ( LSAI0&-330). The purpose Of thls hearing Is to 

reoelve public comment 04'\ amendments to 326 lAC 3, conc:emlng CO!TIIlli· III"'Ce monitoring requirements, !hal are proposed for f10allldoptlon by !he 

boill'd. The proposed rufe darifies and updates compllenoo monitoring Nte 

language and slreamllnes oellaln reqlirements. 

For additional Information concerning this rule contact Suslln Bern a\ \he 

lnd'le.na Department ol Environmental Managament, Offtoe of Air OuaUty. 

Room 1003, Indiana Oovemmenl Cenler North. 100 North Senate Avenue. 

Indianapolis 111 (317) 233-5697 or (600) 45 t-6027 (ext 3-5691)(In lnd'IS.na). 

or sbemctidem.in.gov. 

Petmlt feea {LSA,07·286J. The purpose ot thl& he11ring is to receive 

public commenl on arnendrnen\8 to 326 lAC 2-1 .1, 326 .lAC 2· 7, 326 lAC 

Nl, 3261AC 2-9,326 lAC 2·12 and 3261AC 2·13 ooncemlng permit fees, 

that are proposed lor preliminary adoption by the board. fhe dral\ rule 

clarifies and updates permit lee language and adds fees for certain wood· WOf1dng oper'at!On$. 

For additional information cooceml!lll this rue contact Amy Smlttl at the ln-
diafi.IJ Oepaltmenl ol Environmel'llal Managemen1. OffiCe of Air Oua~ty . 

Room 1003, ln<Nna Govetrrnen1 Cenlllf NDf1tl. 100 Nootn Sencllt Avenue, 

~ napolis al(317) 2'33-86211 ot(800) 451~7 (ut. ~)\In~. 

or asmilhOidem..n.gov. 

~ 

Ho~>pi~IIMedlcalllnlectious W•sle lnc:fner•ton; (LSAit0·7l3). The 

cllhls hearing is 10 I"'IIeMM PIAIIie commel'll on amMdt'IMiflts 10 

326 lAC II~. concerning hospjlaVme<lica~ wasta ~lots, 

llat am propoS1ed for prelin'Cnaty a~ by h . The dfaft rule up· dallls edsting 1\ks lot oonsislency lMih ftdatal ~IU. 

For llddilional inlom~alioo c:onoemng IN$ _. <XIRIIId Susan 8em at lha 

lnd<ana. Oepal1menl of EtMI'Oml8f'Cal ~ ~ ol ~~Quality, 

Room 1003, Indiana~ Cel(er Noctt, 100 Nof1h ~le AYei'Ue, 

ltdanapois a1 (31 n 233-5697 or (800) ~51 ~7 (ext 3-5697}(10 Indiana). 

or 5bem0idemium 

Open IJucnlng (l.SAI09-36'2). The pu1p0M of ltlis heating is 10 rea:lve 

pubic comment on amendments to 326 lAC 4, conoemlng open lblllng 

. thai are proposed lor praimlnaft adoplb'l by fle boa(d. "'le ~ nAe exet11l(s certain types of burning !tom needing 1o Olltllirl ao apPfOv.ll and lllows the <:ecemonlal buming oC United Stales !lags. 

For addi6onal infomuttioo conc:erring fils "*' contact Susan eem at the 

~ana Department of Eswitonmenlal Mal\a~ll'!eftt. Offa of Air <>.JeSty. Room 1003. lnclana Gootemnent Ce,_., Not1h, 100 North Sel'\818 AYflnue. 

lrda~ al (317) 233-~7 or (800) 4S1-eo27 (eat 3-5697)(1n Indiana}. 

ot sbem Clldem.ln.gov 

For 1hls hearing, 0181 statements will bo heard. but fot the e«:1101cy of lhe 

~ please submit statements Jn wmnv to the attendanl designated to 

19C8i'la wriUen c:ommenls a1 Cfl8 ~hearing. 

A ~ of the hearing and al written sublfts.sions to the boaJd Allhe 

of 

public 

Envtronmerotal 

hearing st\al 

Management; 

be open 10 pdc 

copies 

Inspection 

may be made 

at the 

nailable 

!lUana ~ 

1o IUTf per· 

Sot1 ~ paymenl of reproduction' eosls. Any person heard ot repra.sen&ed 

at the hearing or r~ nolice shal be given written notice ollhe aclloo d lhe board. 

Chrisline Pedersel\ Chief 

RIM and s.Me l~ementation Plan Dlwaklpment Sec:tloo 

Qlfic& ol 1\ir Quality 

Individuals Jeq\.liring reasonable acc:ornrnod3tiofls lot participation n tm 

event sl'ooUd conlad the tna~ana Oepanment of Erwlram~~~ntal Ma.l\390· 

ment. Americans MU1 DisabiUes Ad. coonlnalof at: 

Attn: ADA Coo~tor 

Indiana Department of Erwirillomenml ~~~ 

I 00 N. s.nate A'tel'lUe 

lrdanapolis, IN 46204 

«call (317) 233-1785. Speed! ard nearin!l ~&d eallen may contact 

the agency via lle lnd'~ana Relay SeNice a.l1-80().743-3333. Please PfO· 

vide a minimum cl 72 houtSa notification. 
( 

( 

SOllS-5787868 

lND DEPT OF ENVIRONMENTAL MANA 

MARlON COUNTY.INDIANA 

To: INDIAN~OUS NEWSPAPERS 

307NPENNSYLVANIA ST -POBOX 145 

INDIANAPOUSt IN 46206--0145 

PUBLISHER'S CLAIM, 

LINE COUNT 

Display Mat:ta' - (Must not exceed two actua1 lines. neither of which sball 

total mOR than four solid lines of the type in which the body of the 

advertisement is .set). -number of oquivalmt line.s 

Head • Nwnber of lin~ 

Body - Number of lines 

j Tail - Number of Lines 

I 'fotaJ number oflines in notice 

'----------------------------------------------------------------------

COMPUT A 110N OF CHARGES 

1QtQ lines _2.Q columns wide equals~ cquiYalent lines at :13 -cems per line 

Additional charge for notices con1Dining rule and figure work (SO per ccm 

of above amount) 

OWges for~ proof! of publication ($1.00 for each proof in ex~ of two) 

TOTAL AMOUNT OF CLA1M 

DATA FOR COMPUTING COST 

Width of siDgfe column ll ems 

Number of insertioas __LQ 

S~oftype1 

$ __ __!1~900!.::..5~3 

.00 

$. __ __!1~90:!.=..5!..:!.3 

'PuTsuant to 1be provisions and penalties of lC S.. J l -I 0-l. I bere:by certify that the foregoing accoont is 

· · just and com::c:t, tha1·tbe &rOOunt c~ is-legally due., after allowing all just credits;;and th.at'nv pert of !be .same 

has been paid 

I also certify that tbc printed matter t11tacl\ed hereto is a t:rue copy, oftbe same column width and type sizt, 

which was duly published in said paper J ~- The daie:s of. publication be(Qg bdweeo the da~ of: 

0313111011 and 03131/lOU 

Additionally, 1be ~ cl\cclced below is true and correct 

Newspapa-docs not ba've A Webs~ 

7Newspeper bas a Web site and this public notice was posted on the same day as it was published in 

the n.cwspapc:r 

_ Newspapt.r has a Web site, but due to 11. tedmical problem or error. public notice was posted on _____ _ 

_ Newspapc:r bas a Web sitb but refuse& to post the public notic:c. 

DATE: 03/31!2011 Title: Clerk 
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LEGAL ADVERTISING 

An invOice for this ad will ~ senl at the end of the mon1h. 

?tease forward this ad to person responsible for payment. 

AMOUNT$ '~{J ·5 ~ 

TO INSURE PROPER CREDIT 

REn.JRN THIS FOR~ WITH REMmANCE 

THANK YOU 

INDIANAPOUS NEWSPAPERS 

( 
( INDIANAPOLIS STAR AND NEWS. INDIANAPOLIS, IN 

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•-:-r;E;-I~ J:4~1 Gazette 

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M;:.~ 2 s /J11 l Allen~ County. Indiana ) Account # 1060944 • 893053 

lnd Dept Of Environmental Mgmt 

State ot IOOiZJna 1 D~partmeot of Environmental ~'>1ar:arr:.-P.U8 SHEA'S CLAIM 

Of: 1.12 &fAir ~u;,litY . ·. · 

LINE COtJNT'""- ·..- ,: ·~ ,.~,-

Display Master {Must not exceed two actual fines, neither of which shall 

total more than four soKd lines of the type In which the body of the 

advertisement Is set) - numb&r of equivalent lines 

Head - number of lines 

Body - number of lines 

Tall - number of ~nes 

Total number of ~nes in notice 

COMPlfTATION OF CHARGES 

131 lines, g oolumn(s) wide equals 

262 equivalent lnes at $ 0.381 cents per line 

Additional charges for notices containing rule or tabular wo.rk 

(SO per cent of above amount) · 

Charge for extra proofs of publication 

($1.00 for each proof In excess of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of single column In pleas .... 9.8 Size of type •••. 7point 

Number of Insertions .... 1 

262 

$ 99.82 

49.91 

$ 149.73 

Pumuant to ~. ptt>Visions and penaftles of IC 5-11·1 0-1, I hereby certify that the foregoing 

account Is jus1 and conact. that the amount claimed is legally due., after allowilg all just credrts, 

and that no part of lhe sam& has beeo paid. 

I also certify that the printed matter attached hereto Is a true t::;OfYJ, of the same eolumn width 

and type size, which was dul~ published In sak:l paper 1 tim&&. 

The dat&S of publication being as foi)Qws: 

3/19/2011 

Additionally, Newspaper 1'\as.a Web site and this public notice was postt on the same day· as It 

was published In Tho Joumal Gazette. I\~~ 

Date: March 19, 2011 

T. Brown..Smfth 

Legal Clet1<: 
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ON ACCOJNT Of N>PftO~TlOH FOR 

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IN ll1E Sl&t OF$. ____ _ 

I hew ... ~ the ..., dMn -.:I l...t.y c:wtlly .. 

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I t:IW1Iy lhlllhe within ~II ~ Mil ~ lhet lw ..,.,.. 

bla lhMIIn lle<Mtd Met lor ..tCto ~~ II - -OfdM-ed 

b)' me ..., -.. nte~aaety to lh1 !MAlia bwlneu 

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I MM 2 5 2011 l Praacr1bed bV SUtb 8aarll a( AaDutU ! ., GeNnl Form No. lliiiP (Rirv. 2I)()9AJ 

. 1· State of 1 ndiani! i 

! hr YJ/1 ei:l a~lit~~r11lft1 fh~nta! 1'1~r.r.:. ~:'l\e.~~ i 

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L..-ke ea.tty, ll'lilna 601-451h A...,.ooe, Munster, IN 46321 

PUBLISHER'S CLAIM 

L!~ COUNT ,t' ro· )\ fC? \V('· \ _/'. \ I • r . -.~ ,. '-. ; I f ! 

Display Master (Must not exeeed two actual line&, r1el1tler ol which shall 

totallllONl than focft solkllinas of the type In which tne body of 1he 

edvatflsem&nt Ia set)- number of equivalent Bnes 

Head- number of l)n&S _. ------- .••••••• __ .. __ •••••• . • ______ _ . •.. -----· 

Body - ~of line& ___ ----· ••••••••••• _ ••••• _ ••• ___ ______________ _ 

leU - ~r of lines __ ----••••.•••••••.•.•••••• . ___ ----· ____ -----· 

To1Bl number of Bnes In notice ••••• --••• -- - •• ---.----.---------.----

OMM~N Of CHARGES q 2Phnes, .... 1.... colui'MS wide eQUa~ ...• f4llvalent lines at 36.4 1 

.............................. 

cant. per &ne . _ ----- ______ •••••••• • •• _ •• •••• ••• ____ ._. ____ .•••..•••••••••• •• ___ .... 

Additional chasg&s for notioes containing rule ex tabular worl< (50 per cent 

af above emounl) ---- . -- ---- -----· • ••• ---- ---.. ___ . _____ •.•• ••. _ ••••••••••••••••• 

~arg& foe_ em& proo(a of pubtiestion ($1 .00 for eaCh proof in axc.ua 

s ... 7 ... 9...: .. 7.. .. ~ 

ar two) __________ _____________ • ________ • __ ____ ______________________ ... _. __ __ .. 0 .... ~ . .., .. 

TOTAL AMOUNT OF CLAJM ••••••••••••• _____ --.- _ ••• _________________ --·. _ ••• _. .. S .. J .. .f::_ .... J..d:-

DATA FOR COMPUTlNG COS1" 

Width d single column In p;cae 9p4 

Number af lnset1ions: 1 

Slzri of type 7.0 point 

# ?_a 3 ~-z.! ~ 

Punwant.to tn& proviaion£ end penalties of IC ~11·10..1, I hereby ~rtify that the foregoing account Is 

lost and con&c:1, lhaf lhe amoont cia~ Is legally due, dar aHow\ng all just credits, and that no part of lh& same 

ha~. been paid • 

... ... Newspaper does not have e Web de . 

. .X.. Newlpaper haa e Web al1e end tNa pUbic notice was posted on the tame d8y as I was pt.i>llahed in 

· the 1'19WSP81*· · 

...... Newapap&r ha& a Web site, bu1 du& tt> technical prnblem or 8f'J'Of, public noUce was posted on ............... . 

... ... Newapaper has a Web mte bul.l"f::fl..9es to post the public nob. 

TWG: Legal Cleric 
Claim No. _____ WaiTIInt No.------

IN FAVOR OF 

'------

ON ACCOUNT OF APPROf'RIA TION FOR 

The llmes Media Company 

60T W. ~Avenue, MU1'1811tf, IN <C632. 

Apglllp!iellon No.-----'----

ALLOWED ___________ _. 

IN Tl-1! SUM OF 1·-----

I baw ltDIT'llned the wMln ~ end henlby oertlfy n 

follows: 

Thet ~ Ill in proper form. 

I~ITIIct 

I otf'lfy lhet the llrlthln claim .. we and OOtTect lhat the H<VIcee there In ltllmlzed and for which charve le made_,. onlered 

by me end-. nec. ... ry eo the publlo buelnet• 
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PtMcribe<! by Stato 6oard of Aoc:ouniS 

r· ·-· 

I RECflvlliO 5552181 

General Form No. 99P (R<!v. 2009A) 

I 

I 

X116 Indiana Department of Environmental A}R 1 3rJ011 EVANSVIL COURIER & PRESS --~~~~~~~-~~~~~~~~~~------ -----~~~~~~~~~~~~---

{Governmental Unit) j 

j ~t~~-Qf Indiana . VANDERBURGH ._:J'=D<'·YRH~!1.·~nmenta! M&i9~ffih3l8 Evansville IN 4n02 

Of!ice of Air Quality 

PUBUSHER•s CLAIM -·- -·--------------~ 

LINE COUNT 

Display Master (Must not exceed two actual fines, neither of whiCh shall 

total more than four solid lines of the type in which the body of the 

advertisement is set) - number of equivalent Cines 

Head - number of lines 

Body - number of lines 

Tail- number of lines 

Total number oflines in notice 

COMPUTATION OF CHARGES 

0 

468 lines, 1 columns wide equals 468 equivalent lines at __;:=.:..:....- 0.2277 

cents per Wne $ 106.56 

ATTACH Additional charges for notices containing rule or tabular wori< (50 per cent 

COPY OF of above amount) $ , ____ CUPPING Charge for extra proofs of publication ($1.00 for each proof in excess 

HERE oftwo) $ 

( 

TOTAL AMOUNT OF CLAIM $ 106.56 

DATA FOR COMPUTING COST 

Width of single column In pleas 5p8 Size of type_---'-7 __ point 

Number of insertions 1 

Puf$4.J&nl to the provisions and penalties of IC 5-11-10-1, I hereby certify that the foregoing account is 

just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same 

has been paid. 

I also certify that the printed matter attached hereto Is a true oopy, of the same column width and type size, 

which was ~uly published In said paper 1 times. The dates of publication being as follows: 

Date 

March 19, 2011 

Additionally. the statement chedced below is true and correct 

Newspaper does not have a Web site. 

--X New$paper has a Web site and this public notice was posted on the same day as It was published 

In the newspaper. 

---- Newspaper has a Web site, but due to technical problem or error, public notice was posted on .•.•.• 

____ Newspaper has a Web site but refuses to post the public notice. 

~'-~4 3129/11 Title Aooountfng Cieri< 

ATTACH COPY 

OF ADVERTISEMENT 

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Claim No. ___ Warrant No. ___ _ 

IN FAVOR OF 

$. _____ _ 

ON ACCOUNT OF APPROPRIATION FOR 

ApJ>ropriallon No.-------

AI.. LOWED _______ __. 

IN THE SUM OF$. ____ _ 

Meat 

I have examined the within CJairn and hereby certify as 

follows: 

Thai it 1$ In proper form. 

Thai It Is duly authenticaled as requlre<t by law. 

Thai It Is baaed uoon statutory authority. 

Thai it Is apparently 

Incorrect 

l ~rtlfy that the within dam Is true and corred; !llatlhe &eNlees there In Itemized and for which charge Is made were ordered 

by me and were neceSS&IY lo lhe public bualnesa 

---------------·---
( 

EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN 

LEGAL NOTICE OF PUBliC HEARING 

Uoder 40CFR 51 .102 notice is hereby givet~ tn.t the lndiena 

Alr Pollution Control Soard (board) will hold a public hearing at its fl'Qularly scheduled meetitlg on Wedne$day, May 4, 2011. The meeting will convene at 1:00 p.m . at the lndtana 

Government Center-South, Conference Room c. 402 West Was~inQton Stre~t, Indianapolis, Indiana .. The purpose of the h~nng ts II? receeve pubhc com~n~ prtor to the propo$ed aC1eons. Alltnterested pefSO(Is are tnvtted and will be given 

reasonable oppom.onity to e xpress their vi~ concerning the 

proposed actton. 

Copies of the propo$ad rule are avtlleble to any PllfSOO upon 

roqum and are available f<* public inspection at the following locations: Indiana Department of EnvironmenUII Menegemont. Office of 

Air Quality, Indiana Government C.nter·Norlh, 100 Nor1h San· ate Avenue, 10th floor-East wing, lndien&polis, lndiena 46204 

legislerive Services Agency, lndiena Government Cetlter- · Not;th, 100 North Senate Avenue. Room N20 1, Indianapolis, lnd&ana 46204. 

Indiana Departmeot of Environmen'UII Management, North· was:t Office, 8380 louisiana Street. Merrillville, Indiana 464t0. lnd111na ~rtment of nyir~mental .Management, Nonhero 

~~: Suota 450, 300 N. Miehtgan Street, South Send. Indiana 

Indiana Oepartment of Environmontel Management South. west Office, 1120 North VIncennes Avenue. P.O . Box '128, Petersburg, Indiana 47567-0128. 

lndiane ()ep4rtment of Erwironmentel Met~agement. South- er-n Office, 820 West Swe6t Street. Brownstown, Indiana 

4n20-9557. 

lndianaP.Oiis C~mrel libr.try, 40 E est St Clair Streec, ln- dlanapOios, lndltna-46204. 

Hammond Public library, 564 State SUeet. Hemmorw;i. In· 

diane 46320. 

~lien County Public l ibrary, 900 library Plaza, Foo Wayne. In · dtana 46802. 

Evansville Vendertlorgh P\Jbllc library. 100 SE Martin luther King Jr. Blvd., Evensv.lle, Indiana 41713. 

Soard documents may be viewed and downloaded from the 

Indiana Department of Environmental Management's Web 

site es e8fly as ona week prior to the meeting at http'llwww.ln.govftdem/4710.htm. 

The followln~trule is noticed for hearing and ectlon: Greenhouse Gas. Title V OariflClltlon llSA 111-85). Tha pur- pose o f this hearing 111 to rec:eive P<Jbllc comment on emend· ments to 326 lAC 2;'!·1, concerning clarification of the Tltle V reenhouse ges tailoring rule, that ere proPQaad for adoption v the board. Tha pr<>PO$Sd rule amends lansuege In the par· mining rules to provide clarifl(ation on permrning of green· house _gases in lit1e V permits. 

For &dditionel information conce rning_ tf)is rule con'Uict Susan Bern lfllhe Indiana Department of EnvJronmenUII Management, Office of Air Quality, Room 1003, Indiana Governmelll 

Center North, 100 North Senate Avenue. Indianapolis at 1317) 233-56!!7 or (80pl 45Hl027 (axt. 3-5697)(1n Indiana). or sbem@idem.in.gov. 

Ethanol Plant aarification ILSAI11 -99I. The purpose of thfs hearing is to rec:eive P<Jblic oomment on emandment$ to 328 

lAC 2, corn:eming ethanol plants, that are proposed lor adoption by the board. The proPOsed rule clarifies that ethattOI pro· duct'ion facilities are excluded from the term "chemical pro- oen plants' in the mafot source cat&QOry. For edditi<>MI information co r>g this rule contect Amy 

Smhh at the Indiana Oaeertment of Environmental Manag&- ment. Office of Air QuaUty, Room t003, Indiana Government 

Center North, 100 North Senate Avenue, Indianapolis et (317I233-862S or (800) 451-6027 (ext. 3-8828)(in lndienel. OC' 

esmith@idem.in.gov. 

Complienoe Monitoring flSAM05-3301. The purpose of this hearrng is to receive public comment on amandments to 326 

lAC 3. concerntng c.ompliance monitoring riiQIJirements. that ere P~P;OS8d lor final 8doptoon by the bOard. Tho proposed 

rule c!anftes and updates compliance monitoring rule len· 

guege and stream fines certain req\l irements. for edditionat lnfonnetion concerning_ this rule contact SLJsan 

Bern at the lndiena Department of Envtronmentel Manage- ment. Office of Air Ouelity, Room 1003, Indiana Government CentM North. 100 North Senate Avenue, Indianapolis at (317) 23.3·5697 or (800)45 Hl027 I ext. 3-56S7!(in lndl1 nal. or sbam@tdem.ln.gov. 

Pe~it feesllSAM07·285). The purpose of this healing is to rece.ve public comment on amerw:lmeniS to 3261AC 2-l .1 326 

lAC 2·7. 326 lAC 2-8. 326 lAC 2-9. 326 lAC 2·12 tnd 3251AC 

2·13 concerning permit fees, that are Pf01)9~8d for preliminafY adop~lon by the OO.rd . The .draft nJieclerifies and updates permtt.fee language a nd adds fees for certaifl woodworking 

operatcons. 

Fo~ additional information concerning this rule con'Uict Amy 

Smtih at the lnd'l!na Departmant of En11 ~nman'UII Maneoe· ment. Office of Atr Cluellty, Room 1003, lndiena Government 

Center North, 100 North Senate Avenue. lndienepolis et (3111233-8628 or (800) 451-6027 (ext. 3-8628l(in Indiana) or asmoth@ldem.in.gov. ' 

Ho&pitaVMI(I;calllf~fectioua Waste lnclneretors (lSA110-733). The purpose of thiS hearing is to receive publ;c comment on amendments to 326 lAC 11~ concerning hospitallmedicaVin· fectio~s w8S1e incinerators. that era proposed fo r preltminary 

adopteon by the board. The dreft t\Jle updetes existing rul8$ 

foe' con5istency with federal riiQIJirements. For additiona l informstion concerning_ this rule contact Susan Bem at the Indiana !)epartment ot Envoronmental Me nage· ment, Office of Air Quality, Room 1003. Indiana Government 

Center North. 100 North Senate Avenve, lndianapolis at (311123.3-5697 or (800145H)027 (ext. 3-5697)(in Indiana). or sbem~ odem.tn.gov .. 

OIHI!' Burnln_g (lSAf09.362). The purpose of this hearing is to recetve publtc comment on amendments to 326 lAC 4 co~ 

cerning open burn ing M~vlrementsJhet ere proposed lor prehmenary adoption by the board. 1 ne draft rule e;cempts certein types of burning from needing to OO..in en epproval 

end all ~ the ceremon.ial oo rning or United States flags. For eddtttonal lnfOC'metton concemtng this rut a conteC1 Susan 

Bem at tho Indiana Oepetlment of Environmental Manage- mont, Office of Air Qual ltv. Room 1003, Indiana Governme01 

Center North. 100 North Senate Avenue, Indianapolis at (317] 233-5697 or IBOOJ 45Hi027 (ext. J -5697)(in Indiana), or sbem@ idem.ln .gov. 

For this hearing. orelstet&ments w ill be heard, but for the e c- CtJr'acy of the record, please :;ubmit statements in writing to the attendant deslgneted to receive written comments at the 

public hearing. 

A tra~ript of the heering end eU written submissions to the 

board at the public hearing shall be open to public lllspection at the Indiana Oapartment of Environmental Management; copies m~y be made avellable to anv person upon pevment of 

reproduC1eon costs. Any person heard OC' represented at the 

hearing or rM~o!!Slirtg notice shall be gi~n wrhten notice of 

the ect10n of 1he boanl. 

Christine Pedet$en, Chief 

Rule and State Implementation Pr.n Development SeC1ion Office of Air Quality " 

lndivid~als 1"8QUiring reasonable aocommodatlons lor p.artici- p811?ft on th is evant Should contact the Indiana Department of 

Envcr'!nmental Management. Americans with Disabilities Act 

coordtnetor at: Ann: ADA Coordinator 

lndlana Department of Environmental Management 100 N. Se1"141te Avenue 

Indianapolis. IN 46204 

or call (3171 233-1785. Speech and heoring impelrad callers 

may conteC11he agency via the Indiana Relay Service 11 1·800- 743-~33. Please provide a minimum of 72 hours notification. ICounar 81 Press March 19. 20111 
( 

( 

( 

8031S-58l9137 

IND DEPT OF ENVIRONMENTAL MANA To: INDIANAPOUSNEWSPAPERS 

MARlON COUNTY, INDIANA 

307 N PENNSYL V ANlA ST ·PO BOX 145 

INDIANAPOUS.IN 40206.0145 

PUBU SBER'S CLAIM RECEIVED 

LINE COUNT t Display Mauer • (Mu:s~ noc exceed two oc:ruallinc5, orither of wtUeb I 

local more d:l.ao four .solid .l:ioe$ of the type in wtUch the body of JUN 3 0 ZOII 

Head • WlWberofiines stateol Jn<Jiane ~~is sec).- numbcf ofcquivat.ma lines ~ 

Body·~ ot llnc$ rt~nt <~1 !nv~ntol Moneotmont 

Tail- Number of linu 0M(o o' At,. Quality 

ToW number oflincs in n«ie1l ' 

COMPUTATION OF CHARGES 

J.ru I ina _l.2 columns wide equals ..ll§.Q equi'Yalcnl lines at .ill 

eents per l.mo 

Additional durge fCX" ooried' cootaining nde and fipe work (SO per cent 

of above amount) 

Chatges for oxtra prooU of publtcation (S 1.00 for eacb proof in o:ce:u of two) 

TOTAL AMOUNT OF CLAIM 

OAT A FDll COMPUIDIO COST 

Width of singlcoolumn lJ. ems 

NoltOl>e< of,_,.., ..ll Sizcofcypet 

$. __ .JI"'44"' .?"' 3 

s:: =:::;144.1 00~ 3 

PursuaM \0 tbt provisions lftd penalties of lC S.ll·l ~ 1, I hertby octtify that the foregoing account is 

JU$1 and con-eet, that the amouac dttin:.ed is leRaJty due, tfter allowinSt ail just credits. at)d that ao pan of tb~ same 

4\iUI..eco .u. 

J also certify that the prifttcd mauct attaebed hereto is a true eopy, of the same eolumn width ctd type siz:t., 

\Whleh was duly publisbtd in saJd paper ltimes. The c!Met of publication belnJ ~ the datd of: 

WlS/2~ II ood ~6/lS/l~ II 

Newspaper docs 0011 have a Web sila. 

~ Newspape:r has a Web sile end this publj,c DOCice was posted on the same day as • was published iD 

theoewspepet 

_ Newsp~C)Ct has a Wobsi".e. bu1. due to a scc.hnical problem or etTOf, pubtit ootice wu posted on ___ _ 

_ N~wspapcr his a Web si:e but rc-f\t$$$ to P'»1 ttlc public cotice. 

PATE: or.!W29ll Title: Ckrk 
INDIANAPOLIS STAR AND NEWS, INDIANAPOLIS, IN 

Version Published 6-25-11 

without ADA Information at 

the end of the article: 

I _: =:t.;:f.n:=~~ 

~~~ 

Article continued on back ... 

Correction Published 7-5-11 

with ADA information at the 

end of the article: 

Article continued on back ... 
( 

(_ 

( 

INDIANAPOLIS STAR AND NEWS. INDIANAPOLIS, IN 

Version Published 6-25-11 

without ADA Information at 

the end of 1he article: 

I continued from front ... 

Correction Published 7-5-11 

wfth ADA information at the 

-end of the article: 

I continued from front. .. 
8031S.S8331 08 Gcucnl Form No. 99P (hv. 2009A) 

1ND DEPT OF ENVIRONMENTAL MANA To: INDIANAPOLIS NEWSPAPERS 

MARION COUNTY, INDIANA 

307N PENNSYLVANIA ST- PO BOX 145 

INDIANAPOLIS, IN 46206-0145 

PUBLISHER'S CLAIM 

LINE COUNT 

Display Ma.tter ·(Must not exceed two ac:tuallincs, neither of which shaU 

total more than foUT solid lines of the type in which the body of the 

advertisement is set).- number of eq\Jivaleot lines 

Head • Number of lines 

Body - Number oflines 

Tail - Nlmlber of lines 

Total nW"nber of lines in notioe 

COMPUTATION OF C.H.A.RGES 

~lines _lQ columns wide equals 308.0 equivalent lines a1 ~ 

cents per Line 

Additional charge for notices conmining rule and figure work (50 per unt 

of above amount) 

Charges for extra proofs of publication (S l.OO for each proof in exca.s of two) 

TOTAL AMOUNT OF CLAIM 

DATA FOR COMPUTING COST 

Width of single column U ems 

Number of insertions ....l:.Q 

Si:ze of type 1 

141.06 

.00 

s. __ ......o..; l4;u...,.06~ 

f>w-3uant to the provisions and penalties of IC 5·11·1 0-l, I hereby certify that the foregoing account is 

just and correct. that the Sf!\~:•"' claimed is legally due, after allowi~ all just credits, and tbal no part of the same 

h.as been paid. 

I also certify that the printed matter attached hereto is a 1rue copy, of the same column width and type siu; 

whicb was duly pubLished in said paper 1 times. The dates of publication being between the dates of: 

07/0S/2011 and 07/0SflOll 

Additionally. che statement checked below is 1rue and comet 

Newspaper does not have a Web site. 

2N~ bas a Web site and this public notice was posted on the same day as it was published in 

dle newspaper _ Ne~ has a Web si~. but due to a teebn.ical problem or error, public notice was posted on ___ _ 

_ Newspaper has a Web site but refuses to post lhe public notic&. 

DATE: 07/QS/2011 

·RECEIVED 

JUt 1 1 lOll 

State of lndlaoe 

Department of l!nvlrentnentl!ll Mana911men{ 

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Allen County, Indiana 

Account 11060944-916750 

lnd Depl Of Environmental Mgmt 

LINE COUNT 

PUBUSHER'S CLAIM 

, .. '· .,.,. '/ . RECEIVED 

Display Mooler (MU$1 not-two oc:lual inos, neiher of wll 

tol4l more ltuatl four solid llnos of the typt In whiCh the 

advertisement is $81) -· number of aquivalen1 ina 

Head - number of li'los 

sllol 

Body- numOOr of Hne$ 

Tal - numbo:rof li'IOS 

Total nurOOer of fines In not.ico 

COMPUTATION OF CHARGES 

m line6, 1 coiUmn(s) wide equals 

198 eqlivalonUneoat $ 0.381 conl$perlne 

Additional cl\arg9$ fOf' nolicos: cont&Hng nM or tabular wtHk 

(50 per cenl olsboYe amount) 

Cflarge for extra proofs of put*oatioo 

($1.00 for each proof In exc.ss ol two) 

TOTAl AMOUNT OF CI.AIM 

DATA FOR COMPUTlNG COST 

Width olslnglo coMrln In pk:8S . .. • 9.8 Size ol typo •• .• 7polnt. 

Number of Insertions . ..• 1 

of lhe JUL 0 6 2011 

198 

$ 75.44 

$ 75.44 

P\lr$UIIIllto tho piO"'slons Md pone1t1eo otiC 5-11-10.1. I hereby cortly tho! the fotQ90i'>g 

accou1lls just and correct, tha1 the amount daimed is legaly due,_ atter a1owfn9 al jusC credits, 

and that no part of ttl& same hu been paid. 

I also oertify thai the printed matter attached heteto is a true oopy, of tho NJne c::oMnn width 

and typo alze, wflich was duly pubfiohod In sold p-1 times. 

n.. dale$ of pU>Iicatlon bolng .. ,_, 

6/25/2011 

• 

• 

AcfdiUOnolly, N-has a Web site Md tf1is public ,_ wao.pootod on tho""""' day ao ft 

(_ was published In The Journal Gazette. h ~~ 

T. Brown-Smith 

Dolo: June _25, 2011 Legal Clerl< 
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NEWS AND TRIBUNE 

~Unft) 221 SPRING STREET 

................ Counly. Indiana 

PO BOX867 

JEFFERSONviUE,IN 47130 

PUBLISHER'S CLAIM 

UNECOUNT 

Display Master (Must not exoeed two actual lines, neither of which shaH 

total more than four solid lines of the type in INtllch the body of the 

advertlsement Is set) - number of equivalent lines 

Heed- number of tines ___ ______ __ __ •••• ___ • _. ____________ --------- --••. 

Body - number of lines __ ____ • _. ______ • ___ _ • __ -------_____ -------- ____ _ 

Tall - number of lines • ----- -- _. __ _____ • __ __ _____ ------ __ •• -----••••• 

Total number of lines In notice 

"'"/.' '5 "S''''''"" ............................ 

............. e; .......... . 

.... l.S..-12 .......... .. 

COMjW,~~~.~~~:~!,~s wide equa~~lk equivalent Hoes at .!..1-!P 1 t../ 

cents per line _. ___ • -------- __ ------ __ • __ __ ____ • ______ ------- __________ ------ ______ _ $ ... ~.':!.:. ~:.?.. ... Additional charges for notices containing rule or tabular WOJk (50 per oent 

of above amount) ____ •••• ____ ___ ••• __ • __ •• ___ __ ••• ______________________ __ ____ ··--· 

Charge for extra proofs of publication ($1.00 for each proof in excess 

of two) 

TOTALAt:f6lfNt-6F-CLAIM-- ------- --------------- -------------------------------· •"'\:J• '/1" <;;7:1'. 

$ .... Q....7.: ......... .. ------------------------------------------------------· DATA FOR COMPUTING COST (;, 

Width of single column in plea~ ...................... .. Sile of type .. 7 ... point 

Number of Insertions ............. / .............. . 

Pursuant to the provisions and penalties of IC 5-11-10-1, I hefeby certify that the foregoing aocoontis 

just and correct, that the amount claimed is legally due, after allowing aU just credits, and that no part of the same 

has been paid. 

l also certify that the printed matter a~ hereto Is a true copy, of the same colunm width and type size, 

which was duly published In said paper ...... f.. .............. tlm<::S. The dates of publication being as foBows: 

...................... .~ ... ~ ... !. ~ .......................................................................................... . 

Additionally, the statement checked below Is true and COI'Ted: 

...... ~per does not have a Web site . 

. . . ~Newspaper has a Web site and this pub ftc notice was posted on the same day as it was published In 

the newspaper . 

. .. .. . Newspaper has a Web site, but due ,o technical problem or eiTOf', public notice was posted on .............. .. 

... .. . Newpaper has a Web site but refuses to post the public notice. 

'7-/-11 Date .................................................... , .......... . 

Li/~ .~ ~. c.-:' ,._, It _ 1 .... 7L£..1.L7f/w~ ....... .. Legal Clerk 

RECEIVED 

L 14 2011 

St~tc~ of tMrena 

Department of Envll1)nmli!ntal Management 

Gffl~ d~ Alt Quellty 
' 

1 NEWS AND TRIBUNE, JEFFERSONVIUE. IN 

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General Fo1111 No. 99P (Rev. 2009A} 

Lake County, lndiitnl 60i.~th Avenue. Munster, IN 46321 

LINE COUNT 

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PUBLISHER'~LAIM 

Display Master(Must not exceed two actual lines, neither of which shall 

total more than four solid lines of the type In which the body of the 

advertisement is set) -number of equivalent lines OO;!·{AAI·1:·trt··1nr 

Head- number of lines •••••• _ ••••••••••••••••••••••••••••• _. ----•• •••. 

Body- number of lines •••••••••••••••• •• __ ··--••••• , ••••••••••• _____ _ Tall - nutnber of lines ••••••••••• __ ••••••••••••• _____ •••• __ • _ ••••••• 

Total number of lines in notice ••••••••• ----. --· ••••••••••••• _ •• ___ •• . ........................... . 

COMP~TION OF CHARGES :te 

· ~':~r~· ~~~~: ~~-e-~~~~~~-~~~~-~:~~~~~~~-- ---------- ······· --- ··- · s f.R..Q.:.i~. Additional charges for notlces containing rule or tabular work (50 per cent 

of above amount) ---------. --·-•••••••••••• -----. -- •• ____ --···---· •••••• ______ ••• 

Charge for extra proofs of publication ($1.00 for each proof in excess 

of two) ·---· --.-------------·---·-----·--·---------·---•• -------••• ------------ "'/"'f7'"71~ .. TOTAL AMOUNT OF CLAIM •••••••• _ •••••••••••• -··· _ ••• _ •• ••••••••• ••• •••• •• ••• . S .U .. 9. .. :.~. 

DATA FOR COMPUTING COST 

Width of slngle column in picas 9p4 

Number of Insertions: 1 

Size of type 7.0 point. 

-IF ~o7f 

Pursuant to the pi'OIIislons aod pena!Ues of IC 5-11·10.1, I hereby certify that the foregoing account is 

just and correct, that the amount claimed Is legally due, after allowfng all just credits, and that no part of the same 

has been paid. 

I also certify that the printed matter attached hereto is a true copy, of the same column widlh and type slze, 

:;~:d·~=~~ =~:~~Zf:~i.~~il·:·~:= ... ...... .

Additionally, the statement checked below is true and COITeCI: 

...... Newspaper does not have a Web site • 

. .X.. Newspaper has a Web site and this public notice was posted on the same day as it was published in 

the newspaper . 

...... Newspaper has a Web site. but due to technical problem or error. pubHc notice was posted on ............... . 

. . . . . . Newspaper has a Web site but refuses to post the public notice. 

IJate •• ~ ••• U. ... . ?.P.ll TlUe: Legal Clerk 
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Oolm No. _ ____ w,,..,.,.., ____ _ 

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OH ACCOUNT OF APPROPAIATION 'Oft 

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by I'M " .... ,..l"'eet.MI'Y to the Pllbk ~ .. 

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( THE TIMES MEDIA COMPANY, MUNSTER, IN 

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ATTACH 

COPY OF 

CUPPING 

HERE 

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Xl16 Indiana Dept of Envtronmental Mngmt To __ ..:;:: EV;..;.;..; A .;...;. NS..;;...VI __ , J_E....;..COU_.;;...;;;;..RJ...;;;.::;;.ER;.;...:;.;&....;.. PRESS ..;;.;;..;;;..:;...;:;... __ 

VANDERSURGK County, Indiana PO Box 268, Evanavtlle. IN 47702 

PUBUSHER'S CLAIM 

UNECOUNT 

DlspCay Master (Must not exceed two acbJalllnes. neither ot whk:h shaft 

total more than fow solid lines ot the type in v.tlldl the body d the 

advertisement Is set) - number ot equivalent Knes 384 

Head - runber of lines 0 

Body- number of Bnes 384 

Tall- number of linea 0 

Total number ot lines In notice 384 

COMPUTATION OF CHARGES 

192 linea. 2 columna wide equals 384 equtvalent hs at 0.2277 

cents e!! 1tne 

AddiUonal charges for noCioes oorU!nlng rule or tabular WOftt (50 per cent 

$ 

ot a8oYe amount) $ 

Charge for extra proofs of publication ($1 .00 for each proof In excess 

of two) $ 

TOTAL AMOUNT OF CLAIM $ 

DATA FOR COMPUTlNG COST 

Width of single column In picas 5p8 Size of type 7 point 

Number ot Insertions 1 

Pursuant to the provisions and penaltles of IC 5-11~10-1, I hereby cortify Chat the foregoing account Is 

just and oorrect. that the amount dalmed Ia legally due, after allowing all just aedb. and that no part ot the same 

has been paid. 

87.44 

87A4 

I alsO certify that the printed matter attached heteto 18 a true copy, of the same column width and type size, 

whldl waa duly publlltled In said paper 1 times. The dates of publication being as follows: 

Date 

June 29 2.011 

Additionally. the &tatement checked below Is true and oorred: 

-~-Newspaper does not have a Web site. 

X Newspaper has a Web site and thl8 pubic notice was posted on the same day as It was published 

In the newspaper. 

- _ __ Newspaper haa a Web site, but due to technlcel problem or error. public notk:e was posted on ...... 

- - - N~ . 

6124/11 Title 

j:jl_ 11 2011 

State of Indlcma 

Department of Environmental Management 

Office of Air Q1:1allty 
......... 

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EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN 

LEGAL NO TIC£ Of PUBLIC HEARING 

Under 40 CFR 6t. 102 and 40 em 80.23,~ 

notice b hereby g tvero that the Indiana 

Air Pollution CO'Ilrol Board (board} wilt A 

hold a pubr>e Me ring et Ita regularly . . scbeduled meeting on w.ctnescuy. Aa.t 

gutt 3. 2011. The meellng will convene . , lit 1 :00 p.m. et the lndll na Go.~~~rntnent · c.nter-SouUI. Conference Room c. 402 

West Weshlngton Street. Indianapolis, Indiana. The purpose of u,. ~leering Ia to receive public: oomm.nta prior to tl\a ptOpOS4Id actions. AlllnterMtod po-. are fnvlttd end IIIVIII be given r-nebl.-

opportunlty to expr-ihelr ~ con- cerning the propote<l action. · 

CQplea of the pnlpOt4ld ru Ia ere available to eny pertan upon request . and ere ev811abla for publlc: ln~on 

II tho following l.oc:ttiOM: 

Indiana Oepartnient of Envlronment~~l . M-Q.emant. Office of Air Quality, lndlena Government <:enter-North. tOO . North Senate Avenue. 10th floot-Eaat 

Wing, lndianNI()Ii-. lndlena 46204. ~ 

!,.eglaletlve services Agency, Indiana .. 

Govemm.nt Clnter-1110~. 100 North 

Ser\llte Avenue, Room N20t. lndier\llpolis. lnd'- 46204. . Indiana ~rtment of fnvlronmentel • M1nagement. North~ Office, 8300 

loul5iar\8 Street. Memllville. Indiana 

4&\tO. 

lndler\8 Department of Envlronmetrtel Mana~ment. Northam Olftc:t. Suhe • ~. 300 N. MklhiQato Street. South . Bend. Indiana 46EOt. 

Indiana Department of fnvtronmerrtal 

Manegement. Southwest Otfice. tt20 

North Vli\Qinnes Avenue. P.O. IIqx 128. P11tet'lbu~.lndiene 47567.()t28. lndlena Oilparunent of Environmental MenaQe~Mnt. Solrttaeest Offloa. 820 Wms-Stt-.B~tn· 

diena 4722G-1557. lncf,.~ie Central Library, 40 Eeat St. 

Clair Su.et. lndlenei)Oiie, Indiana 48204. 

Hammond Public library, 564 State 

Su.et. Hammond, lndiane 46320. • Allen COunty Public: library, 900 llbratyq !'tau, Fort W..,ne. Indiana 46802.. 

Evansvilla Vandetburgh Pubf'~c: Ubrery, 200 SE Mertin Luther King .h. BIYdy E~vtlle, lndlane 4n13. 

Soard do<:uments mey ~ vtew.d end · · downJoeded from the lndiene Depart- : ment of Envlronm.ntal Me~omont't . ' 

Web •IW •• Nrtv 11 one-~ prior to ~ the m .. th'la lit ' 

http:I.WWWln.govAdoml4710.htm. ' 

The following rule I$ notioed for '-ring : end 

~ 

ec:tion: ' 

2 Netr-Term Rule (LSAI09-493), rpoeo of ltlll heerino Ia to r~lyJ.l comment on am&ndmenta to J2li3 

c 2. concerning elhanol'planta. thllt • a"' propoeod ior l)t'eimlnary adootlon ' 

by u,. board. The <Qft rule darifiM end ; u~ 326 lAC 2 with noncontroverslll • chlllgft that do not r~ire axteneive . col!abOrltlon wtth U.S. EPA end thM c:&n 

be flnallzed QUidcty to Improve tha J*· 

mittlng Nlea. , for ldcfrtionll informadon conc.mJng· · this Nle concect limy Smfltlllt the In· ' ' 

diana o.p.tment of Envi~l 

=r~~~:'~C.nuir : North., tOO North Senate AvenU., In· diana~ Ill It 13171233-8628 or , (800)~HJ02' laxt. 3-8628)fm lndlene); or asmlthOidam.in.gov. ~ • :.t 

Permit Fooetl.SAIOH861. Tha~rpoee : of thla hearing ia to receive c com; menton emen6mentato 32 lAC 2·t. t o{ 

3261AC 3281AC 2-7 2· t.-I. 328 end lAC 

3281A~o Nl~-. 328 2· t3 lAC conc:em-: 2·9. • I . lng permit fen, the't era prQPO..O fof' ft. · nel adoption bv tht boerd. The PfG- · poMd 

fee l.,guege 

rula dertfiea 

end edda 

and 

fupdllee fof' cert.lln

~ 

' '\. 

woodWOridng ~· " 

For additional lnfonnetlon concemingA• ttl Is rule oonuct Arnv Smith 11t the In' ~ 

dlena ~rtmenc o(Environm'ental Men~ge~nent.. <>me. of Air Que!~ . Room 1003,.1ndlana Gov.rnment ~I'\UIIi • 

North, 100 NOrth Senlte A~nue, In- . dian epa lis et (3 t 71 2J3.S628 or (8001 45 t~27 (ext. 3-8828)(1n lndlanel or etmlthOiclem.in.gov. 

Holpltei/Medlc:elllnfectlous w .. ce lnd eretort (LSAI1~733 . The pui"JllM of · thla heertng i8 to recolve public: com· menton•mendmentato3261AC It~ · c:oncemlllQ hosplt•Vmedrc:.llln~~(ll waasa lnclnerator1, thlt •"' proi)>QMd for final adoption bv h board. The 

propoeed rule IIPdet• exllltlng rulet 

COnllatOfiOY with fedarel requfrema Thia rule wlll l)fovida the ~el mod\e- · nlam to Implement the I'I'VIilona to the 

fed«al ~ulremanb end will be P!lrt tho 111111 en thllt IDEM will Wbmlt tQ' t · U.S. EPA or epprovel, es required bv ~ 

Secllons 

~ t 1 t (d) end 129 of the Clean AI;.. , '.P 

For additional lnformetion coroeemrn{li.i 

thl1 rule contec:t SuHn Bem 11 the In- · diane Det>erun~n~ of Environrnentel 

Ma~ent. Offloe of Air Oulllty, ·i 

Room t003 lndlane Government ~r North. t 00 NOrth s.neca Avonu.. In· . · dlenapotllat (3t7)233-6$97 or (800) 45t-602' I ext. 3-6697)(in Indiana), or tbemOidem.in.gov. 

Open Bvrnl~ (LSA.f09.362). The pur· 

poee of thb tiearlng Is to r~v• public mmom on amendmenu to 326 lAC 4 

conoamlng thllt era P"®®eed open bumfof' ftnal1doption iBQ rwqulreman~ · the board. The J)(OpoMd rule II'Qm pta; 

c.rtaln typae of lwmlna from ne«ting obtlln an epPr~l ant! enowa u,. oa monlll bumlll!l of United Stites fta9., ' 

For eddlttonaflnformlltlon C0f>4:0mlll • 

thit rule contest Suaen 8em l't the In-· 

d;.n, Department of Environmental --~ Menagement, Offloe al Air Ouellty,~. . __ Room t003 lndlene Govemm'8rll \.0111 

North, tOO NQMii Sen1te AvenAJe, In- ; dlenapo~ 11t 13tn 233-5697 or <, (800) 451.:ecxz7 (oxt. 3-se97)(1n lndlanel; J or ebemOidem.ln.QOv. ;, 

For thit hNring. OBIItlltetMnlS wlll • helrd. but for tl\a aocuracy of the 

record. ploeM aubmit 1111tementa In 

wrhlng to the ett.ndant dalgnetod to receive written com manta et ltte publl ' 

hearing. · A ttenscript of the hoerlng and Ill writ .. ten aubmialons to 1be boerd at the pu 

lie hearing ahell be open to public: In· . CDedlon at h lndlene Depertment of ~ 

Envtronmentlll Ma!141oament CQplea · · mev be made ave liable !0 eny person -. upon peymentof reproduc:don COlla. 

Any petiOli helrd or I"'Pfeaentlld at hairlng or requesdng I'IO~ Ihall be . 

glvan WrittAin nod<le Of u,. ec:tlon of:)' boerd. . 

etwt.tlne Pedei'Mfl. Chief · Rule end State lmplementltlon Ptan 

vei9P"'ent SICdon :' 

OffiCe of AM Quality . ' 

lndMduala requl~eeon;~ble ecoo modatione ior pe · lon in this avatrt lhould contec:t the lndlane OePinm.nt ~_!ny!r_on~01~anbla1gem~ ~ ("""""'"' ....,, .. ro.. ...... . nator lit 

Ann: ADA Coordinator lndltne Oec>lrtment of Environmental· • Man~ t .

1 tOO N. Senate Avenue :t lndlln•poUs, IN 46204 d; 

or alii (317) 233-1785. Speech end heir· j' 

lng lmpalnod c:ellera may contec:t !ha .>. egenc:y vta the lndiene Relav SeMce at ' t;so().7~. PINae provlde 1 minl, •t mum of 72. houra notlf\C.atlon. 

(Court.,. & Pr&A June 29, 20tt) 
ATTACHMENT E 
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BEFORE THE STATS OP I NDIANA 

AIR POLLUTlON CONTROL BOARD 

PUBLIC MEETING OF MAY 4, 2011 

ORIGINAL 

Pl!OCEE0 111GS 

before the Indiana Air Pollution ConLrol Board. 

Dr. J aMQs Mine r. Cha irman, ta ken before me. 

Lindy L. Me y er, Jr., a ot~ry Public i n and fo r 

ch~ State of Indiana, Co unty ot Shelby, at the 

Indi ana Governroent Ce n ter South, COJlf e rence 

Center, ~oo~ c. 402 West wash ington Street, 

~d napoli9, Indiana, on Wednesday, May 4, 2011 

at 1 , 02 o ' clock p .m. 

Willia m F . Daniels, RPR/CP CH d/b/ a 

ACCURATE REPORTING OP !NOlANA 

1 2922 Br ighton Avenue 

Carme l, J ndiana 46 03 2 

(317) 848 -00SS 

1 
1 APPEARANCES: 

2 BOARD MEMBERS : 

3 James Miner, M.D . , Chairman 

Thomas Anderson 

4 David Benshoof 

Dr. Phil Stevens 

5 Jeffery L. Quyle 

Gregory Kissel 

6 Chris Horn 

Ronald D. Clark, Proxy, State Board of 

7 Health 

John Bacone, Proxy, Department of 

8 Natural Resources 

Pamela Fisher, Pro xy, Indiana Economic 

9 Development Corporation 

10 

IDEM STAFF MEMBERS: 

11 

Thomas w. Easterly, IDEM Commissioner 

12 Keith Baugues, Asst. Commissioner 

Scott Deloney 

13 Chris Pedersen 

Amy Smith 

14 Susan Bern 

Matt Stuckey 

15 Phil Perry 

Ann Long 

16 Catherine Mitchell 

17 

PUBLIC SPEAKERS: 

18 

Bernie Paul 

19 Chad Bladow 

20 

21 

22 

23 

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1 CHAIRMAN MINER: I have a motion from 

2 Mr. Clark . 

3 MR. BENSHOOF: Second . 

4 CHAIRMAN MINER: And a second from 

5 Mr. Benshoof. All those in favor of adoption, 

6 signify by saying aye. 

7 MR. HORN: Aye . 

8 MR. BACONE: Aye. 

9 MR. ANDERSON: Aye. 

10 MR. BENSHOOF: Aye. 

11 MS. FISHER: Aye. 

( 12 MR. CLARK: Aye. 

13 MR. QUYLE: Aye. 

14 MR . KISSEL: Aye. 

15 DR. STEVENS: Aye . 

16 CHAIRMAN MINER: Aye. 

17 Opposed? 

18 (No response.) 

19 CHAIRMAN MINER: The rule passes . 

20 The next item on our agenda is a public 

21 hearing before the Air Pollution Control Board of 

22 the State of Indiana regarding preliminary 

23 adoption of amendments, 326 IAC 4, Open Burning . 
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I will now -- we will now introduce 

Exhibit No. 8 -- thank you, Chris -- the draft 

rule, into the record of the hearing. 

Is there someone from the Department who 

wishes to comment on this rule? 

MR. DELONEY: Susan Bern. 

MS. BEM: Hi. My name is Susan Bern, 

8 and I work in the Rules and SIP Section. 

64 

9 This rulemaking amends IDEM's Open Burning 

10 Rules at 326 lAC 4-1. 

11 Open burning is generally prohibited in 

12 Indiana; however, state law exempts certain 

13 open-burning activities under conditions that 

14 minimize impact on air quality and public health. 

15 Open-burning activities that are allowed include 

16 maintenance burning, recreational or ceremonial 

17 fires, and the burning of clean petroleum 

18 products for fire extinguisher training. 

19 Emergency burning is allowed in specific 

20 situations with verbal approval from IDEM. In 

21 addition to the specific limited instances when 

22 open burning is allowed, a person may submit an 

23 application to IDEM for an approval to engage in 

( 
~5 

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l open burning. 

~ [D~H has determined that additional 

3 catcgor!es of open burning are suitable fo~ 

~ exemption from tlle curl'ent lDElol approval process. 

s Theee new exemptions will relieve IDEM and the 

6 regY!ated community of unnecesBary paperwork 

7 while eontinving to p:rotect the publ~C and 

s Il'ldiana' s ertvi:ronn.enc.. The additional categoriaa 

9 are as follows. 

10 1081·~ is proposing t.o allot.-J 9resc:ribed 

11 burning by nlunicipalit.ies and C:)Unty governments 

r-· 

~ .. : 

12 for wildlife habitat maintenance, toreetry 

13 purposee, natural area manageAent. and 

11 f iref ight i ng or p1:evention. The cul'rent :rule 

15 6ppliee to prescribed burns pet' formed by DNR, t:he 

16 U.S. Department of Interior, and U.S. DepartmattC 

17 of Agricultural Fo~ee~ £ervic~. 

18 IDEM is also proposing t~ clarify that the 

1~ burning ot co lean petroleuru products r natura~ gas, 

20 rnethane or propa~a for fire t.rainin9 cr:.tl be 

21 conducted u~irtg mobile ~rai~ing ~ni~s. 

22 We are also ~ropo~ing to add criteria that 

23 would allow tne burning ot two eingle-family, 

. 

' ' 
1 nondemolished dwellings per calendar year by 

2 municipal fire departments for the purposes of 

3 live fire training. 

4 IDEM is also proposing to allow the 

5 ceremonial burning of United States flags. IDEM 

6 intends for this exemption to allow for the 

7 respectful retirement of U.S. flags, most likely 

8 by the American Legion posts and VFW's. 

9 IDEM is proposing to clarify that 

66 

10 emergency burning is allowed with prior approval, 

11 oral approval, when there is an imminent hazard 

12 

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20 

21 

22 

23 

to the environment. The current rule allows 

emergency burning with prior approval when there 

is an imminent health or safety hazard following 

a natural disaster. Including environmental 

hazards would allow for the timely burning of 

insect-infested trees. 

IDEM did receive a few comments during and 

after the second notice of comment period. A 

summary and IDEM•s response is included in the 

Board packet. 

The Nature Conservancy did request to be 

added to the list of government entities that are 

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allowed to open burn for prescribed burns without 

approval by the Department. This not-for-profit 

company may have a very robust training program 

and standard operating procedures for open 

burning, but IDEM did not want to include an 

individual company on the list or have to 

describe -- you know, if we start adding people 

to the list of exemptions, you know, it gets 

confusing on where we can draw the line on who 

has experience and who doesn't. IDEM still needs 

the ability to review requests from 

nongovernmental units or companies before 

granting approvals for prescribed burns. 

IDEM has also received comments concerning 

the addition of city and county governments to 

the list of entities that can do prescribed burns 

without the approval from the Department. The 

concern is that local government may not have the 

appropriate training in terms of burn plans or 

fire behavior. 

IDEM's interest is to try and minimize 

costs without being any less effective in our 

review. Our experience is that these people have 
1 had the proper training and it has not been an 

2 issue in the past. They are more likely to burn 

3 for disposal purposes, and that would still not 

4 be allowed. In past years we have received 

5 around 25 prescribed burn requests from 

6 municipalities from seven or so different 

7 entities, and these are usually from the same 

8 groups year to year. 

68 

9 IDEM has also received comments in regards 

10 to the live fire training. The proposed language 

11 

12 

allows municipal fire departments to conduct two 

burns per year of a single-family home. If a 

13 fire department needs to do more than two, they 

14 would have to receive approval from IDEM. 

15 IDEM is concerned that some cities and 

16 towns will use fire training as a mask for urban 

17 renewal projects, and IDEM still wants to be able 

18 to evaluate the needs beyond the two burns per 

19 year. Fire departments can always ask for more 

20 training if the need arises. 

21 Another comment IDEM has received in 

22 regards to the two-house exemption is that it's 

23 limited to municipal fire departments 1 excluding 

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volunteer fire departments. IDEM agrees that 

volunteer fire departments need training as much 

as municipal fire departments, but IDEM has seen 

many more volunteer fire departments that 

struggle with the open burning requirements than 

we do with the municipal ones. 

The volunteer fire departments will still 

be allowed to burn for training purposes, but 

they will need to apply to IDEM, and IDEM can 

evaluate their needs, the air pollution impacts, 

and the ability to comply with the rules. 

The Department requests that the Board 

preliminary adopt the rule as presented. 

CHAIRMAN MINER: Thank you, Susan. 

69 

Are there any questions from the Board for 

Susan? 

MR. QUYLE: Susan, could you go over 

the differentiation between municipal and 

volunteer fire departments again? Would that 

would municipal include any governmental entity, 

township, as well as city having an organized 

fire department? 

MS. BEM: Well, the municipal fire 
70 

.. I 

1 departments would be -- include cities and 

2 Phil, do you want to discuss this? 

3 MR. PERRY: Yeah, it would basically 

4 include cities and towns, but the volunteer fire 

5 departments fall under a different jurisdiction. 

6 MR. QUYLE: What about those township 

7 fire departments that are professional, not 

8 volunteer? 

9 MR. PERRY: They would be allowed to 

10 under the municipal, and what we 1 ve found, as 

11 Susan mentioned, is the municipal seem to have a 

12 much better handle on what the open burning I 

\ 

13 requirements are, all aspects of it, including 

14 the fact that you 1 re not -- mostly what you 1 re 

15 not allowed to burn. What we 1 ve found, the 

16 volunteer fire departments are not that savvy 

17 with respect to the rules, and that•s why we want 

18 the ability to continue to review applications. 

19 MR . QUYLE: Okay. 

20 CHAIRMAN MINER: David? 

21 MS. BEM: Any other questions? 

22 MR. BENSHOOF: Yeah, that was my 

23 basic question, too, is I was trying to figure 
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CHAIRMAN MINER: Thank you, Susan. 

MS. BEM: Thank you. 

CHAIRMAN MINER: I have one card at 

present for a comment regarding this rule, from 

Mr. Chad Bladow. 

MR. BLADOW: Hello. 

CHAIRMAN MINER: Hello. 

71 

MR. BLADOW: I'm Chad Bladow. I work 

for the Nature Conservancy. I manage the 

prescribed fire program for the Nature 

Conservancy for the Indiana Chapter. 

And yeah, the Nature Conservancy provided 

public comment regarding amendments to rules for 

open burning, specifically the amendments which 

include other agenc -- or entities that are 

allowed to burn without needing a variance from 

IDEM to conduct the open burning. 

Many of the reasons for us wanting to be 

included in that list are the same as what would 

be for including municipalities and county 

governments, in that it would, you know, further 

reduce the amount of staff time necessary from 
1 the Nature Conservancy and for IDEM in order to 

2 process these permits or variances. The Nature 

3 Conservancy regularly applies for open burning 

72 

4 variances for open burning of natural vegetation, 

5 and is granted those variances. 

6 

7 

In addition, the -- I lost my train of 

thought now. Well, we did provide the public 

8 comment regarding those amendments, and we did 

9 receive a response from IDEM stating that the 

10 Nature Conservancy is a nongovernment entity and 

11 that IDEM felt that it couldn't include the 

12 Nature Conservancy within those amendments to the 

13 rule changes. 

14 And I just have a couple of points to --

15 for the Board to cons~der in response to IDEM's 

16 comments, one being, under 326 lAC 4-1-1, it 

17 lists persons may be -- a person may open burn 

18 the following for maintenance purposes: 

19 Vegetation from a farm, an orchard, a nursery, a 

20 tree farm, and vegetation from agricultural land 

21 if the burning occurs in an unincorporated area. 

22 And in other areas of the Indiana 

23 Administrative Code, it gives definitions for 

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"agricultural land, 11 but within 326 IAC 4, the 

definitions don 1 t include agricultural land. In 

some other areas of the Indiana Administrative 

Code it lists agricultural land as land reserved 

for conservation purposes. 

It also considers agricultural land as 

land assessed as agricultural land under real 

property assessment rules and guidelines of the 

Department of Local Government Finance. And 

also, the Nature Conservancy 1 S property tax 

parcel bills classify Nature Conservancy land as 

agricultural lands. 

73 

And then also in response to IDEM 1 S 

comments about not being able to add the Nature 

Conservancy to the list of these entities because 

it 1 s a nongovernment organization, there are 

other areas within the Indiana Administrative 

Code where nongovernment entities have been 

included within the Administrative Code. 

One of them is within the exemption of 

building of -- exemption of building, land and 

personal property for various purposes under 

property tax bills, and so nonprofit entities can 
1 be exempt from taxes on buildings on land owned 

2 by nonprofit entities. 

3 And further, including the Nature 

4 Conservancy within this list of entities 

74 

5 wouldn't -- wouldn't exempt us from following the 

6 rules for open burning as they're written within 

7 the Indiana Administrative Code. We'd still have 

8 to -- you know, it doesn't exempt us from burning 

9 outside of what 1s -- what is the law, basically, 

10 for open burning, such as burning in proximity to 

11 roads or utility rights of way . We'd still have 

12 to follow those rules as well. 

13 And so, we're basically applying for a 

14 permit which is saying that we 1 re going to follow 

15 the rules as they're written, and IDEM is sending 

16 us a variance back saying, nyes, you must follow 

17 these rules.n So, in a way, it 1 s kind of 

18 we're already following the rules whether we have 

19 a variance or not, if that makes sense. 

20 

21 

And so, that's my comments. 

CHAIRMAN MINER: Does anybody have 

22 any questions? 

23 Yes, David. 
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MR. BENSHOOF! 

of burns you do. 

MR. BLADOW: 

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So, describe the type 

So, these are burns of 

natural vegetation, and these are maintenance 

burns for wildlife habitat, forestry purposes, 

just maintenance of conservation lands, and they 

include burning of prairies, savannahs, oak 

forests, and these are controlled burns conducted 

by a trained staff, and they -- they occur 

throughout the State of Indiana on TNC-owned 

prop -- or Nature-Conservancy-owned properties. 

MR. ANDERSON: I had a question, 

Chad --

MR. BLADOW: Uh-huh. 

MR. ANDERSON: --just on the-- what 

you're talking about is basically asking for this 

allowance for property that is owned by TNC --

MR. BLADOW: Correct. 

MR. ANDERSON: right? You're not 

asking for this, for example, for TNC to burn 

anywhere that would be someone else 1 S property 

or --

MR. BLADOW: Correct. 
1 MR. ANDERSON : -- some other things; 

2 right? You're looking at this as being -- as a 

3 landowner? 

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5 

MR. BLADOW: Correct. 

MR . ANDERSON: Basically looking at 

76 

6 the exemptions that do exist for landowners under 

7 other provisions? I'm just trying to understand. 

8 Is that what you're --

9 

10 

MR. BLADOW; Yes. 

MR. ANDERSON: kind of asking for, 

11 rather than 

12 

13 

14 

MR. BLADOW: Yes. 

MR. ANDERSON: saying, "We want to 

be exempted from not having to apply if we go 

15 burn for DNR or Joe Smith or anyone"? You're not 

16 asking for that; you're looking at the 

17 possibility of relief for you as a landowner? 

18 

19 

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21 

MR. BLADOW: Yes. 

MR . ANDERSON: All right. I just 

wanted to the understand, because I wasn't clear. 

I know that you own a lot of property. I know 

22 that TNC may help others, too, so I was trying to 

23 understand what the exemption -- you know, I 
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guess -- you know, I can understand -- 1 c3n see 

it both ways. I mean r can understand ho.,., you, 

as a landowner, you have experience and this is 

yout• bus i r.eae. 

On ~he other hand, I know from the atate•s 

standpoint. ~1hen you C:ltarc. gLving an exemption. 

~there does it end and '"hat does that exemption --

then what does the regulatory system look like? 

But I app:t:ecia.te your time in clari!ying that 

HR. BL~.DOW: Ye<1h. >J:hanl<: you. 

NR. ANDERSON: -- for me. 

CHAIRt,1AN tUNER: Chad, can you te 1 I 

roe how many acres that the Nature Conservan~y 

owns ln the State of J~diana? 

MR. BL~DO"J ~ Th~ N'a ture Corlservancy 

o,.,.na about. 37 J 000 acres of la~nd. He conduce. 

pregeribed fires on 15,000 acres of l~nd c.l1at w~ 

own. That ie about 20 to 25 prescribed fires a 

year. A little under 3,000 acres is wJ1~t we 

average per year t~at we burn. 

C~AIRMAN MIN8R: And second to or 

third to the State and Federal Government, do you 

know where the Natuxe Conservancy falls in ccrma 
78 

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1 of a landowner in the State of Indiana? 

2 MR. BLADOW: Oh, I mean far less land 

3 than the State of Indiana or Department of 

4 Interior . 

5 CHAIRMAN MINER : On a relative scale 

6 of I mean are they like third on that list , 

7 or 

8 MR. BLADOW: We . 

9 CHAIRMAN MINER : -- aside from maybe 

10 public utilities, or 

11 MR. ANDERSON : Well, Lake -- just as 

12 an idea, Lakeshore -- the Indiana Dunes National ( 

13 Lakeshore is about 16,000 acres, so they are over 

14 twice of the ownership of the Indiana Dunes 

15 National Lakeshore . 

16 MR . BLADOW: Whereas the Hoosier 

17 National forest is 200,000 acres . 

18 CHAIRMAN MINER: That's a state-owned 

19 piece of property; correct? 

20 MR. BLADOW: That 1 S a federally 

21 owned --

22 CHAIRMAN MINER: Federal? 

23 MR. BLADOW : federally owned piece 
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of property. The State of Indiana owns several 

hundred thousand acres. I don't know 

MR. BACONE: I don't know the answer 

to that, but I would like to point out that the 

kinds of lands that Nature Conservancy burns are 

the same kind of lands that the Department of 

Natural Resources burns, prairies and so on. 

79 

It's exactly the same purposes and the same types 

of habitats. 

MR. BENSHOOF: And how many permit 

how many permits do you say you get; about 20 

permits in a year? 

MR. BLADOW: 

20 permits from IDEM. 

MR. BENSHOOF: 

Yes, right now we have 

And they've got to be 

filled out, and you have people that are 

knowledgeable, so I mean this isn't falling in a 

situation where what I heard, maybe the voluntary 

fire agencies, they don't have control over this. 

You know what needs to be done and you follow 

this, and so this would be reducing paperwork 

burden, time, resources, which you're probably 

not for profit, and so all of that is important? 
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MR. BLADOW: 

MR. BENSHOOF: 

MR. BLADOW: 

80 

Yeah, exactly. 

Yeah. 

And the same for IDEM as 

4 well, the amount of paperwork that they have to 

5 do to process these applications. And we do 

6 receive these applications regularly. 

7 And, you know, including us within this --

8 within these amendments wouldn't exempt us from, 

9 you know, burning close to fire-sensitive areas 

10 or, you know, standards that are already written 

11 into the Administrative Code, if we wanted to, 

12 you know, burn next to a sensitive area, we would 

13 still have to apply for a permit. 

14 You know, say if we were burning close to 

15 a -- to like a highway or a utility right of way, 

16 if we were_burning close to one of those, you 

17 know, including us within this amendment would 

18 still -- we would still have to apply for a 

19 variance. 

20 MR. CLARK: Is this also a timing 

21 issue? I mean does it take time to -- once you 

22 apply, before you get a response back? 

23 MR. BLADOW: Certainly, yeah, 
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cer~ainly. 

NR. tLAllK: Okoy. 

Ml\, BACON!!:: Hell, is this the time 

~o -- l•d ju~t lik~ ~o point out that Nature 

Conservancy has been working with IOEt-1 many t ir..es 

over a whole bunch of year::., have eve:ry time ~ 

rule like this is being ara.er.ded. trying to find Cl 

way t.o do this, so they have a very long record 

of prescribed burnirtg aod training and ao on 

that -- and I think it would be a huge efficiency 

for both sides to be able to be included in this. 

I don't really know if the Department h~a 

the flexibility or not, bt.H. I would t.hink jusc. 

because or.e: NGO who has a huge re-cord of doing 

this over 25 years would require thetn therefo:L'e 

to give the ne:xt land trust th.at want.ed orfe for a 

burn or not, but 1 would think this wo~ld be a 

very efficient ~hing to do. 

Cot~M. EAS'l'ERL1l, sc., ho ... , do yc..u 

define this dif -- so tha~ ic c.tlly ~ppl1es to 

~h~m? I'ru not a hu~drQd p~rcent sure tha~ you 

can have a private org~nization in ~ state rule. 

Cer~ainly it would be subject to-- we'll nave tc 
82 

ask our lawyers to do special interest stuff. 

MR. BLADOW: Another -- I think I 

1 

2 

3 have an answer to that, maybe. Within the points 

4 that we made in our public comments, the Nature 

5 Conservancy qualifications for working on the 

6 fire line are through Indiana DNR, the Division 

7 of Forestry, so when somebody is qualified as a 

8 prescribed burn boss with the Nature Conservancy, 

9 that qualification is reviewed by the Indiana DNR 

10 and is in their qualification record and work 

11 record for fire line personnel. 

CHAIRMAN MINER: Okay. 

MR. BENSHOOF: Dr. Miner? 

CHAIRMAN MINER: Yes. 

12 

13 

14 

15 MR. BENSHOOF: I would like to 

16 propose an amendment to the current rule, and 

17 since we are preliminarily adopting this, I 1 d 

18 like to include the amendment, and then if there 

19 is legal ramifications of that, then we could 

20 then take action at final adoption. 

21 But I think it 1 s well warranted. I mean 

22 this is the Nature Conservancy that -- it 1 S the 

23 whole premise of what they 1 re trying to do, so 
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they're not going to do burns that aren 1 t needed. 

They're trying to ensure that the -- what's being 

done for the environment is the best in all 

respects. 

So, I would like to make an amendment to 

include the Nature Conservancy in the list of 

entities that would be allowed to have the 

authority to do open burning. 

CHAIRMAN MINER: I have a motion from 

Mr. Benshoof. 

MR. ANDERSON: I will second it. 

CHAIRMAN MINER: And a second from 

Mr. Anderson. 

MR . ANDERSON: But I would like to 

ask a question: 

that they own --

If it could be limited to land 

MR. BENSHOOF: I would agree with 

that. 

MR. ANDERSON: -- so that it isn 1 t 

something that, f o r example, would open the door 

to, you know, commercial fire operations and 

we've exempted something that we didn't realize 

would 
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2 be --

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MR. BENSHOOF: I think that would 

MR. ANDERSON: I can see, with a 

4 significant landowner like this, or even maybe 

5 have a threshold on their own property, because 

6 there would be so few people to do that, but r•d 

7 like to tie it into land that they own, if that 

8 would be acceptable as a --

9 MR. BENSHOOF: Yes. 

10 

11 

12 

MR. ANDERSON: 

seconded, but --

13 for Chad? 

14 

CHAIRMAN MINER: 

COMM. EASTERLY: 

Well, it's been 

Any other questions 

can I ask Tom a 

84 

15 question? Would -- eventually will I see Shirley 

16 Mines or Save the Dunes come and say, ~How come 

17 you didn't give us this deal''? 

18 

19 for those . 

20 

MR. ANDERSON: 

COMM. EASTERLY: 

They've got to ask you 

We 11, I -- if you 

21 don't -- but you know those people, and there's 

22 many others like them around the state. 

23 MR. ANDERSON: Well, you know, I 
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think -- you know, and again, as from a nonprofit 

perspective, I understand how it ie a paperwork 

burden sometimes both ways. I mean, you know, 

you submit it, you're hoping that at the end of 

winter to get it back to either do a spring, or 

something in the fall, like waiting maybe the six 

or eight weeks. 

But when you look at the amount of 

property -- like, for example, you mentioned 

those two entities that probably don't do more 

than one or two burns a year, one or two or 

three -- probably should do more, but that 4 S 

probably all they do -- versus what TNC does, and 

some of these significant areas, I would , you 

know, see that as a much more of a cost savings 

than anything for the couple of small land trusts 

that probably would benefit from this, but it 

wouldn't be -- you know, I don't see that as a 

big threshold or something that would we'd say 

that it would be unfair for TNC. 

I think in the bigger picture, Tom, it 

would help move habitat protection and management 

forward, and I think those entities would be glad 
86 

1 that -- because in some ways they could get their 

2 variances approved quicker if you don't have the 

3 bottleneck of, you know, 20 applications that 

4 have to be reviewed by the agency. 

5 You know, I don't know what your -- you 

6 know, I mean I know it ends up being kind of a 

7 periodic workload, because I know most everyone 

8 kind of gets it in right near the deadline when 

9 you need to get it in, and then you want to get 

10 your decision fast, and you get inundated with 

11 however many you yet. 

12 I don't think that we ever -- Save the 

13 Dunes ever submitted anything that didn't get 

14 approved, it was just a matter of time, so that 

15 you can be able to go through the formality. So, 

16 in some ways it seems redundant in some ways, 

17 but you also had to have a handle on this and 

18 knowing what's --you know, as we talked , knowing 

19 what's going on, so that the agency is aware 

20 that, you know, who's burning and how much and 

21 should there be problems. 

22 CHAIRMAN MINER: I would like to let 

23 Chad sit down. Is there anything that --
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MR. QUYLE: Could I just ask one more 

question? 

CHAIRMAN MINER: Sure, absolutely. 

MR. QUYLE: Chad, do you pay property 

taxes on the parcels you own? 

MR. BLADOW: we pay property taxes on 

parcels that we have been -- that we make profit 

on, agricultural lands that are cash rented. We 

apply for the exemptions on our properties 

through the county and are granted an exemption 

by the county, by their commissioners. 

MR. BENSHOOF: So, the 

municipalities, then? 

MR. BLADOW: What's that? 

MR. BENSHOOF: The municipalities, 

basically? 

MR. QUYLE: They're probably outside 

municipal boundaries for the most part. 

MR. BLADOW: We're outside 

municipalities, yeah. I mean there are a few 

properties that we own that are in 

municipalities. Let's see. Yeah, Gary is one, 

so we approach them and request an exemption, 
1 but -- you know, we're eligible for it, but that 

2 doesn't mean we're necessarily automatically 

3 granted it- I guess it's up to the local 

4 jurisdiction. 

MR. QUYLE; 

MR. BLADOW: 

Okay. 

Is that correct? I 

5 

6 

7 think I'm stating that correctly. So, we do 

8 in some places, we do get an exemption on the 

9 properties that we own. 

10 MR. QUYL8: But for the properties 

11 we're discussing here where it would be for 

12 habitat protection or enhancement, that would 

13 probably be a site that is not paying property 

14 taxes, I would assume. 

15 MR. ANDERSON: I know from other 

16 nonprofits, though, for example, for Save the 

17 Dunes, there were properties that were paying 

18 taxes on -- that went into like classified 

19 modeling habitat, so you have a reduced tax, but 

20 you are paying some sort of a fee to the 

88 

21 municipalities or, you know, local jurisdictions, 

22 and --

23 MR. QUYLE: And I come at this rule 
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from a government perspective of we have to 

support public services, the roads or a border . 

The fire protection that may be needed in the 

event that on a windy day, fire should happen to 

threaten to spread and --

MR. BLADOW: Yeah. 

MR. QUYLE: -- the volunteer fire 

department, for instance, may be called out --

MR. BLADOW: Yeah. 

MR. QUYLE: -- to try to protect 

MR. BLADOW: Yeah, exactly . 

MR. QUYLE: against spreading. 

89 

And so, when I look at the whole local government 

dig we have against state government with 

unfunded mandates, sometimes we need it pressed 

upon us. Whether this begins to walk up that 

line, X don 1 t think it crosses it, but it sets 

off some alarms in my mind. 

MR. BLADOW: One of the largest 

properties where we conduct prescribed fires is 

in Newton County, and we do pay taxes on that 

property when they come in, and we do also 

contribute to the volunteer fire department's 
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annual fund-raising, you know. 

MR. QUYLE: Good. All right. 

3 helps. 

4 CHAIRMAN MINER: Very good. 

5 thank you very much. 

6 No more questions for Chad? 

7 (No response.) 

That 

Chad, 

8 

9 

CHAIRMAN MINER: 

the floor for an amendment. 

We have a motion on 

Just as a matter of 

10 discussion, would it be unreasonable to suggest 

11 that, you know, if we gave an exemption to this 

12 unit, that they would also have to maintain DNR 

13 prescribed review for burning, you know, the 

14 leader --

MR. CLARK: You mean the fire boss? 

90 

15 

16 CHAIRMAN MINER: Yeah, the fire boss. 

17 Is that unreasonable to suggest that to add to 

18 your amendment, David? 

19 

20 

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involves. 

MR. BENSHOOF: I don't know what that 

I -- it seems reasonable. 

MR. BACONE: Well, what they -- a 

22 couple of things are involved, but one is fire 

23 training, which is delivered by fire 
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headquarters, Department. of Forestry, Divieioo c:>f 

Forestry. or the u.s. Forest service or the 

National Parka Service. that the N~ture 

COllServa~cy hb9 to have fi~e boeses ~nd flre 

pbr~icip~nts take lhe appropria~e levels of 

those, and at thoge t~ai~ings they leGrn and use 

6 bu~n p)ans. ae the DNR does, or even stro~ger 

t.han the DNR, whic-h includes the :requirements Of 

prnper notification and be in touch with 

volunLeer lire departments, crew size, 

er'l.vircnme:)Jtal 1~oncerns and those kSnds of thin9.s, 

so --

~lT<. BEI>ISUOOI': 1 mean 1 don't think 

they're ask -- they're not asking for a reduction 

nf current requirements to do the bur!"', a!S if you 

wr..uld have t.o it;dependently put. in a [>ertnit. 

They•re still goiMg to ha~e LO meat those 

2:equirements. This is just g1ving them the 

ability to do it ~tithout having to go through the 

procese 20 times o year. 

CHAIRMAN ~IN~R: Right. I •m just 

s~ying ~l1at if we g~ve the~ 6n exemption for not 

doing the varianee, that they have to ~aintain 
1 that. Getting the exemption doesn't mean that 

2 there•s no limit on-- I'm just adding--

3 suggesting to add to your amendment just so 

4 there's more clarification in regards to 

5 maintenance of adequate coverage and adequate 

6 you know, so it isn't all of a sudden free will 

7 to burn and choice --

B MR. ANDERSON: Uh-huh. 

9 CHAIRMAN MINER: -- without 

10 standards. 

11 

12 

13 

Yes, Dr. Stevens. 

DR. STEVENS: I guess I have a 

question. When you're giving these permits, are 

14 you -- I assume you have a lot of them, and then 

15 do you give them the specific times that they 

16 would have to do it, in other words, in terms of 

17 issues of air quality and burning during the 

18 summer and trying to avoid air quality 

92 

19 violations, but does the permitting process allow 

20 you to spread some of these out to, you know, 

21 have more control over when the burns occur? 

22 

23 

COMM. EASTERLY: Does Phil know? 

MR. DELONEY: Yeah, Phil Perry is 
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best to address tlla t qu~ ~tion. 

MIL PERR ~' Yea h, burns are spread 

o~t re•lly chroughouc the year, depanding o n when 

the ne d~ tarQ . It ' a usually in t he •prjng and 

fqll . We 1 ll get s ome of th~ applications in the . 

you know, late win ~r in preparation for spring. 

and. than &9ain it'• th• late -- t.he lata summer. 

l ooki ng ah&ad for tho fall bur ns . 

ith che appl 1 eotiona irt the case of th~ 

Na ture C"onsel.'vancy. we r equire a burn plt2n if 

they w~nt a five year pprovalr of wh ich they 

~hey actu~ lly app ly not annually . but once every 

fivQ y~dr& 6 ec~ vee they $Ubmit a burn pl ~n. 

which allows us t o grant an approvtal . 

lt does not requir~ that they provide 

otif ic~t ion to the ogency or meet air pol lution 

act ion days or anything. and that' e o ne o t the 

thinga ~hat we include in so~e of our approvals. 

becau•• we don't need noti ficat io~ fro~. s~y. DNR 

or tho D~ par~mQht of tnterior or the Parks 

Service. We don' t k:I\0';11 when thos e t.hi ng c:ha 

but'n!J •ctua lly oCC\lX' . That 's one of th.e things 

that wa loo~ at in terms of evaluation of -- you 
1 know, number one, do they have a burn plan? And 

2 two, notification, so we can plan dealing with 

3 the air pollution action days and such. 

94 

4 DR. STEVENS: So, by giving them this 

5 variance, would you lose any of this planning 

6 ability? 

7 MR. PERRY: Yeah, we would not 

8 receive notification. 

9 MR. BENSHOOF: On an annual basis --

10 on a per-burn basis. 

11 MR. PERRY: There's not a 

12 notification requirement except to the local fire 

13 departments and safety folks. 

14 MR. BENSHOOF: But that would be --

15 that would be submitted in their five-year plan? 

16 

17 

MR. PERRY: Yeah. 

MR. BENSHOOF: So, there is -- there 

18 is some notification; you just don't know what 

19 the time -- the exact day. 

20 MR. PERRY: Well, with the approval, 

21 we require that they check and notify us when 

22 they are going to occur, so they have to make 

23 sure that they burn -- or don't burn during ozone 
( 

( 

.(__ 

95 

1 action days or air 

2 MR. BENSHOOF : Good. 

3 

4 and such --

5 

6 

MR. PERRY: quality action days 

MR. 8ENSH OO~: Right. 

MR. PERRY: where the e xemptions 

7 for the DNR department a nd others do not include 

a 

~ 

that. 

CHAIRMAN MINER: Thank you. 

10 Any other discussion or questions at this 

11 time? 

12 

13 

(No response.} 

CHAIRMAN MI NER: We have a motion on 

14 the f loor from Mr . Benshoof to amend the 

15 preliminary presented rul e to include Nature 

16 Conservanc y as an exemption. Any comments or 

17 que stions? 

18 MR. BENSHOOF: In the l ist o f 

1 9 entit i es that are --

20 CHAIRIVJAN MINER: In the list of 

21 entitles . Second by Mr . Anderson. All those in 

22 favo r of t he moti on on the floor, signi f y by 

23 s aying aye . 
1 

2 

3 

4 

5 

6 

7 

B 

9 

10 

11 

12 

MR . BACONE: Aye. 

MR . ANDERSON: Aye. 

MR . BENSHOOF : Aye. 

MR. QUYLB: Aye. 

MR. KISS EL: Aye. 

CHAIRMAN MINER: Aye. 

Op p osed? 

DR . STEVENS: No. 

I~R. HORN : No. 

MS. FI SHER: No. 

MR. CLARK: No. 

CHA IRMAN MINER: Okay. We ' ll do a 

96 

13 r o ll-call vot e j u st t o make it clea r . 

14 Mr . Benshoo f? 

15 

16 

17 

18 

19 

20 

21 

2 2 

23 

yes. 

MR . BENSHOOF: Aye. 

CHAI RMAN MINER: Mr. Bens hoof votes 

Mr. Cla r k? 

MR. CLARK: No. 

CHA I RMAN MINER: Mr. Cla r k votes no . 

Ms. Fi s he r ? 

MS. FISHER: No . 

CHA I RMAN MINER: Ms . Fisher votes no. 

( 

( 
( 

1 

2 

3 

4 

s 

6 

'7 yes. 

6 

9 

97 

t-tr. Hol:n? 

f.lR. HORN: l~o. 

CHAIRI,t.AN 1•111\'BR: Hr. Horn votes no. 

Nr. Ki seel? 

MR. KISSP.L: YQS, 

CHAlRl·lAN IHN8R: Mr. Kiesel vote& 

Mr. Qvyle? 

I•IR. QUYLE: 

10 

11 

12 

13 

l·lr. Quyle vote-s yea. 

14 flO. 

15 

16 

17 

18 yeo. 

Dr. Stevens? 

OR. St'E'J8N'S: No. 

CHAIRHAN MINER: Or. Stevens votes 

Nr. Bacone? 

MR . .BACONS: Yes. 

CHAlRt>I):H~ l•ll'NER: Nt'. Bacone votes 

19 ro<r. Anderson? 

MR. >I~IOBRSON' '/es. 

21 CHAIRMAN KINER: Nr;. ,_.nderoo~ voce.e 

~2 yes. l vote yee. So, it pasoee ~ix to four, as 

23 ! COLlht.. Anybody C'OullC di ffer.e.ntly'? 
1 

2 

3 

4 

5 

(No response. ) 

CHAIRMAN MINER: Very good. 

Obviously we 1 ll wait to hear for the legal 

ramifications there as well. 

I have no other cards regarding this. Is 

6 there anyone else who wishes to speak in regards 

7 to this rule at this time? 

8 

9 

10 

11 

(No response.) 

CHAIRMAN MINER: Seeing no one, this 

hearing is now concluded. We are now ready to 

take action on the amended action on 

98 

12 preliminary adoption of this amended amendment of 

13 326 IAC 4, Open Burning. Are there any further 

14 discussions from the Board at this time regarding 

15 this rule? 

16 {No response.) 

17 CHAIRMAN MINER: Seeing none, I would 

18 entertain a motion for preliminary adoption of 

19 the amended, amended rule. 

20 

21 

MR . BENSHOOF: So moved. 

CHAIRMAN MINER: I have a motion from 

22 Mr. Benshoof. 

23 MR. ANDERSON: I'll second. 
99 

( 

1 CHAIRI~A~ MINER: A second f~om 

2 tAr . .'b..nderson. All those in favor. signify by 

3 saying aye. 

~ ~!!\. HORto: Aye. 

5 KR. BACONE: Aye. 

6 MR. ANDERSON: Aye. 

7 l~R. BENSHOOF: Aye. 

8 ~IS. FISHER: Aye. 

9 MR. CLAFIX: />.ye. 

10 MR. QOYLE: Aye. 

11 ~JR, l<ISSBL~ l>.ye. 

n 

·~ 

12 DR. S'l'E:VS:t>1S; "-ye. 

13 CHAIRMAN MINER: Aye. 

14 Opposed? 

1S ( Nc l"e s ponse . } 

16 CHAIR~lAN MINER~ The rul$ passoa as 

17 amended. 

1B The next item on our agenda is a NonrlJ.le 

19 Policy Doc\tment Presentation, guidelines 

20 ragard~ng Perco~tting of Ethanol Production 

21 Facilities, Air Quality Rule 035-N~D. It will 

22 now be presented by t-J9. sm~ t h. 

23 l-IS. SMITH: My name i" >.my Sr.>ith, and 

\. 
104 

l CERTIFICATE 

2 I, Lindy L. Meyer, Jr., the undersigned 

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville, Shelby County, Indiana, do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday, May 4, 2011 in this matter and 

8 transcribed by me. 

9 

10 

11 

12 Notary Public in and I 

\. 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

19 

20 

21 

22 

23 
ATTACHMENT F 
. .... 

( 

_( 

1 BEFORE THE STATE OF INDIANA 

2 AIR POLLUTION CONTROL BOARD 

3 

5 PUBLIC MEETING OF AUGUST 3, 2011 

6 

7 ORlGINAL 

8 PROCEEDINGS 

9 before the Indiana Air Pollution Control Board, 

10 Thomas Anderson, Chairman, taken before me, 

11 Lindy L . Meyer, Jr . , a Notary Public in and for 

12 the State of Indiana, County of Shelby, at the 

13 Indiana Government Center South, Conference 

14 Center, Room C, 402 West Wa~hington Street, 

15 Indianapolis, Indiana, on Wednesday, August 3, 

16 2011 at 12:59 o'clock p.m. 

17 

18 

19 

20 

21 

22 

23 

William F. Daniels, RPR/CP CM d/b/a 

ACCURATE REPORTING OF INDIANA 

12922 Brighton Avenue 

Carmel, Indiana 46032 

(317) 848-0088 

1 
1 APPEARANCES : 

2 BOARD MEMBERS: 

3 Thomas Anderson, Chairman 

Ra n d y Staley 

4 Grego ry Kissel 

Chr is Horn 

5 Da v i d Benshoof 

Je f fery L. Quyl e 

6 Dr . Phil Stevens 

Ronald D. Clark, Proxy, State Boar d of 

7 Healt h 

John Bacone, Proxy, Department of 

8 Na tural Resource s 

Brando n Seitz, Pr o xy, Lieutenant 

9 Governor 

Pa me la Fisher, Pro xy, Indiana Ec onomic 

10 De velopment Cor pora tion 

11 

IDEM STAF F MEMBERS: 

12 

Thomas w. Easterly, IDE M Commiss i o ner 

13 Keith Baugues, Ass t. Commissi oner 

Sc ott De l oney 

14 Chri s t i ne Pederse n 

Amy Smith 

15 Susan Bern 

Ryan Knapi ck 

16 Nathan Byers 

Ph i l Perry 

17 Matt Stuckey 

Ann Long 

18 Ca therine Mitc hel l 

19 

PUBLI C SPEAKERS: 

20 

Bernie Paul 

22 

23 

2 
34 

1 Moving to the next rule, this is a public 

2 hearing before the Air Pollution control Soard of 

3 the State of Indiana regarding final adoption of 

4 amendments to 326 IAC 4 1 Open Burning, LSA 

S No. 09-362. 

6 I will now introduce Exhibit 4, the 

7 proposed rule as preliminarily adopted with 

8 IDEM's suggested changes incorporated, into the 

9 record of the hearing. 

10 Is there anybne from the Department who 

11 would like to comment on the rule? 

12 

13 

14 

15 Susan Bern. 

MR. DELONEY: Susan Bern. 

CHAIRMAN ANDERSON: Susan Bern. 

MS. BEM: Once again, my name is 

16 And this rulemaking amends IDEM•s open 

17 burning rules at 326 lAC 4-1. At preliminary 

18 adoption, the Board adopted provisions that 

19 allowed The Nature Conservancy to conduct 

20 prescribed burns without going through the open 

21 burning approval process with the intent that 

22 IDEM would research the ability to make this 

23 change and report back to the Board at final 
35 

1 adoption. The motion that was passed by the 

2 Board added "The Nature Conservancyu as shown in 

3 bold at 326 IAC 4-l-3(c) (4) in the proposed rule 

4 that was published in the Indiana Register. 

5 IDEM is not proposing to retain the 

6 addition of The Nature Conservancy to the list of 

7 entities allowed to conduct prescribed burns 

B without approval from IDEM for the rule that IDEM 

9 is presenting to the Board for final adoption. 

10 The Indiana Office of Attorney General has 

11 indicated that a specific exemption of this type 

12 in this situation would not be acceptable rule 

13 language due to singling out one private 

14 organization for special treatment. 

15 If IDEM were instead to describe 

16 circumstances in which prescribed burning is 

17 allowed versus naming a specific entity, U.S. EPA 

18 has indicated that a generic exemption that 

19 exempts The Nature Conservancy and like groups 

20 from open burning approval requirements, even if 

21 limited to specific types of open burning, could 

22 allow a potentially significant increase in open 

23 burning. 

( 
36 

1 Such changes could not be approved by EPA 

2 without other provisions providing compensating 

3 emissions reductions or other means of addressing 

4 the antibacksliding requirements of the Clean Air 

5 Act. A memo from IDEM 1 s Office of Legal Counsel 

6 and a letter from U.S. EPA is included in the 

7 Board packet. 

8 IDEM needs the ability to review requests 

9 for nongovernmental units or companies before 

10 granting approval for prescribed burns. IDEM is 

11 concerned that expanding the number of entities 

12 that could do prescribed burns without oversight 

13· from IDEM could pose problems. Given the number 

14 of nonattainment counties that Indiana could have 

15 once the ozone standard is finalized by EPA, 

16 there -- the implication for backsliding is 

17 increase. 

18 The Nature Conservancy is not the only 

19 nonprofit entity in Indiana conducting prescribed 

20 burns. IDEM records indicate that there are 

21 several entities with approvals to burn in 

22 nonattainment counties. And IDEM has also worked 

23 to improve the efficiency of timing of the open 
37 

( 

1 burn approve -- open burning approval process and 

2 , the length of time that approvals can be granted 

3 to help address the concerns of The Nature 

4 conservancy. 

5 Also, during the previous public hearing, 

6 the statutory agricultural exemption at 

7 326 lAC 4-1-3 was brought up. Open burning of 

8 agricultural land for maintenance purposes, if 

9 the open burn occurs in an unincorporated area, 

10 is exempt open burning rules according to 

11 IC 13-17-9. While there is no definition of 

12 agricultural land ·in the rule, IDEM would 

13 interpret agricultural land to be lands such as 

14 farms, nurseries or orchards. 

15 In implementing this provision, IDEM would 

16 rely on the definitions of agricultural land 

17 I 

using other environmental rules to help interpret 

18 II this provision. For example, in 40 CFR 503.11, 

19 there's a definition of agricultural land as land 

20 "on which a food crop, a feed crop, or a fiber 

21 crop is grown. This includes range land and land 

22 used as pasture." So, timber farming could be 

23 considered agricultural land, but properties such 
1 as n.at.or-e pretterves would not be eof\!tidered 

2 agricultura l land. 

l8 

) So, the. Department requeste. t.hat the Bo~xd 

+ f.inal adopt the prel.imina1:ily adopt~Jd t"ule \'lit.h 

s IOSM 's sug9aated ch~ng es ~s pr&asneed. 

6 Thanx you . 

7 CH~lRMAN ~N BRSON: Thank you . 

Q MR . OUYLE: Could 1 aa~ a question, 

~ Mr. Chairman? 

l O If a t arm•r were raising a crop 

11 specifically co b~ a fuel for ~ bio~ne~gy 

12 faciliLy, would chat still qua l ify sine~ ic·~ not 

1) 

'H 

15 

16 

foo-d or f 1h&r? 

MS . BE:l<: Well, I think all of t he - · 

you know, without having a d~f.i~ ition of 

a9r~cultu ~~ l land in the rule, if di ff ~r~a~ 

17 eituations 4~i •k , I thi~k the g• y woul d have 

U l t o va u~te t hose , yov no.., ~ on a caae - Oy - c ase 

)9 basie: . 

20 

~) 

MR. OUYLE:: 

149. BEM: 

Okay. 

You know , end I think some 

22 of those could be considered crop land~. and f 

2 3 don't know - · and I think eome of h~ae 
1 situations we have -- the department has 

2 addressed in the past, so I'm not sure. 

3 Phil Perry, do you want to address that 

4 now, or --

39 

5 MR. PERRY: Yeah, I can. If a farmer 

6 were growing a crop for biofuel purposes, they're 

7 not going to be open burning it in that field or 

a that property. They would actually be harvesting 

9 that and transporting it to a property. Even if 

10 it was their own property, they would be burning 

11 

12 

13 

14 

15 

16 

it with some other type of fuel device that would 

probably not be open burning, because it's a fuel 

re -- or a heat recovery access minimum. 

MR. QUYLE: What if they were burning 

off stubble after the growing season? 

MR. PERRY: That's actually allowed 

17 as an exemption under the rule right now. 

18 MR. QUYLE: Okay. 

19 CHAIRMAN ANDERSON: 

20 questions for Susan? 

21 (No response.) 

Are there other 

22 CHAIRMAN ANDERSON: Thank you. 

23 MS. BEM: Thank you. 
1 CHAIRMAN ANDERSON: I don't have any 

2 cards submitted, but 1s there anyone who wishes 

3 to speak on the rule? 

4 (No response.) 

40 

5 

6 

CHAIRMAN ANDERSON: Seeing none, this 

hearing is now concluded. We are now ready for 

7 Board action on final adoption of amendments to 

8 326 lAC 4, Open Burning, LSA No. 09-362. 

9 Is there any Board discussion or 

10 questions? 

11 

12 

MR. BACONE: Move for approval. 

CHAIRMAN ANDERSON: I think it's 

13 pretty -- Mr. Bacone? 

14 

15 

MR. BACONE: Move for approval. 

CHAIRMAN ANDERSON: Okay. Mr. Bacone 

16 moves for -- now, this will be a motion for 

17 

18 

19 

20 

21 

22 

23 

IDEM's suggested changes, which would basically 

eliminate The Nature Conservancy as exempted from 

this rule. A motion has been made by Mr. Bacone. 

Is there a second? 

DR. STEVENS: Second. 

CHAIRMAN ANDERSON: A second by 

Dr. Stevens. All in favor of the suggested 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

41 

changes, please vote aye. 

MR. HORN: Aye. 

MR. BACONE: Aye. 

MR. STALEY: Aye. 

MR . SEITZ: Aye . 

MS. FISHER: Aye. 

MR . CLARK: Aye. 

MR . QUYLE: Aye. 

MR. KISSEL : Aye. 

MR. BENSHOOF : Aye. 

DR. STEVENS : Aye. 

CHAIRMAN ANDERSON : Aye . 

Any opposed? 

(No response.) 

CHAIRMAN ANDERSON : The mo tion 

carries. Now I will entertain a motion to final 

17 adopt the proposed rule as preliminarily adopted 

18 with IDEM's suggested changes incorporated. 

19 

20 

21 Mr. Quyle . 

MR . QUYLE: So moved . 

CHAIRMAN ANDERSON: Moved by 

22 

23 

Is there a second? 

MR. CLARK: Second . 
( 1 CHAIRMAN ANDERSON: Second by 

2 Mr. Clark. I wi ll now pol l ehe So~rd tor final 

3 adoption . 

4 Mr . Da vid Bens hoof? 

5 MR . BENSHOO F : Aye . 

CH lRMAN ANDERSON : Hr . Ben~hoof 

1 vot: e s aye . 

8 Hr. Ronald Clark? 

9 MR. CLARK: Yes. 

10 CHAIRMAN ANDERSON : Mr. Clark vote~ 

ll y es. 

c Mr . John Bacone? 

1) HR . 9ACONB: Aye . 

1 • CHAIRMAN NDERSON: Mr . Bacone votes 

lS aye. 

16 

MS. FISHER• Aye. 

18 CHAIRMAN ANOBRSON • Ms . Pishe r votes 

• 

19 aye . 

20 Mr. Or~gory Kissel ? 

MR . KISSEL: Yes . 

22 C H1\IRMAN ANDERSON : til l:' . Ki.asel votes 

2) yes . 
1 

2 

3 

4 aye . 

5 

6 

7 

8 yes. 

Mr. Brandon Seitz? 

MR. SEITZ : Aye. 

CHAIRMAN ANDERSON: 

Mr. Chris Horn? 

MR. HORN: Yes. 

CHAIRMAN ANDERSON: 

9 Mr. Randy Staley? 

43 

Mr. Seitz votes 

Mr. Horn votes 

10 

11 

MR . STALEY: Aye. 

CHAIRMAN ANDERSON: Mr. Staley votes 

12 aye. 

13 

14 

15 

16 y es. 

Dr. Phil Stevens? 

DR. STEVENS: Yes. 

CHAIRMAN ANDERSON: 

17 Mr. Jeffery Quyle? 

18 

19 

MR. QUYLE: Yes. 

CHAIRMAN ANDERSON: 

Dr. Stevens votes 

Mr. Quyle votes 

20 yes, and I also v o te yes . The mo tion to final 

21 a dopt carries unanimously. 

22 This is a public hearing before the Air 

23 Pollution Control Board of the State of Indiana 
57 

1 CERTIFICATE 

2 I, Lindy L. Meyer, Jr., the undersigned 

3 Court Reporter and Notary Public residing in the 

4 City of Shelbyville, Shelby County, Indiana, do 

5 hereby certify that the foregoing is a true and 

6 correct transcript of the proceedings taken by me 

7 on Wednesday, August 3, 2011 in this matter and 

8 transcribed by me . 

9 

10 

11 Lindy L. Meyer, Jr., 

12 Notary Public in and 

13 for the State of Indiana. 

14 

15 My Commission expires October 27, 2016. 

16 

17 

18 

19 

20 

21 

22 

23 
ATTACHMENT G 
TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule

LSA Document #09-362

DIGEST

Amends 326 IAC 4-1-3 and 326 IAC 4-1-4 concerning open burning. Effective 30 days after filing with the

Publisher.

HISTORY

First Notice of Comment Period: June 3, 2009, Indiana Register (DIN: 20090603-IR-326090362FNA).

Continuation of First Notice of Comment Period: June 30, 2010, Indiana Register (DIN:

20100630-IR-326090362FCA).

Continuation of First Notice of Comment Period: October 20, 2010, Indiana Register (DIN:

20101020-IR-326090362FCA).

Second Notice of Comment Period: February 16, 2011, Indiana Register (DIN:

20110216-IR-326090362SNA).

Notice of First Hearing: February 16, 2011, Indiana Register (DIN: 20110216-IR-326090362PHA).

Date of First Hearing: May 4, 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 February

16, 2011, at DIN: 20110216-IR-326090362SNA, 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 February 16, 2011, through March 18, 2011, on IDEM's draft rule

language. IDEM received comments from the following parties:

City of Indianapolis, Department of Public Works (INDPLS)

Indiana Chapter of the Nature Conservancy (NC)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: The commenter supports the inclusion of "municipalities and county governments for prescribed

burning. (INDPLS)

Response: IDEM appreciates the support. This will reduce staff time and unnecessary paperwork for both

IDEM and local government.

Comment: The commenter does not support open burning provisions for trees infested with the emerald ash

borer as a means of control or disposal in Marion County or quarantined areas. Current quarantine laws are

adequate. IDEM should promote alternatives to emergency burning such as taking ash debris to certified

locations for disposal. How will IDEM verify proper pest diagnosis prior to granting any oral approval? A

state-wide declaration could adversely impact Marion County. A local ordinance could be overlooked or

superseded by a state rulemaking. The commenter encourages a close partnership with IDEM to ensure the

needs of all communities are met. (INDPLS)

Response: All emergency burn requests are evaluated for ambient air quality impacts before granting

approvals. The revisions to the emergency burning rule at 326 IAC 4-1-4 do not change the requirement to seek

approval before conducting any emergency related burning. This includes emergency burning as the result of

environmental hazards, such as with insect-infested trees, including those infested with the emerald ash borer or

the Asian longhorned beetle. IDEM will continue to work with the Department of Natural Resources, Division of

Entomology and Plant Pathology, to identify and verify requests for emergency burning associated with the

emerald ash borer. A local ordinance can be more stringent than state rules and is not superseded by a state rule.

Individuals are responsible for ensuring compliance with all applicable federal, state, and local requirements.

Comment: The Nature Conservancy should be included with the list of entities allowed to open burn to

facilitate management of wildlife habitat, natural areas, and forestry purposes. The Nature Conservancy

frequently submits and is granted approvals for open burning of natural vegetation and uses fully trained and

qualified staff for prescribed burns. (NC)

Response: While the Nature Conservancy is a not-for-profit company that may have a very robust training

program and standard operating procedures for open burning, IDEM cannot include an individual company on the

list of entities allowed to open burn without approval from the department under 326 IAC 4-1-3(c)(4). IDEM still

needs the ability to review requests from nongovernmental units or companies before granting approvals for

Indiana Register

Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 1
prescribed burns.

SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING

On May 4, 2011, the Air Pollution Control Board (board) conducted the first public hearing/board meeting

concerning the development of amendments to 326 IAC 4-1. Comments were made by the following parties:

Indiana Chapter of the Nature Conservancy (NC)

Following is a summary of the comments received and IDEM's responses thereto:

Comment: The Nature Conservancy wants to be added to the list of entities that are allowed to burn without

needing approval from IDEM to conduct the open burning. Many of the reasons for wanting to be included are the

same as what would be for including municipalities and county governments. An exemption from the approval

process would reduce the amount of staff time necessary for the Nature Conservancy and for IDEM to process

the approval. The Nature Conservancy regularly applies and is granted approvals for open burning of natural

vegetation. The Nature Conservancy would still have to follow the rules for open burning, such as not burning in

proximity to roads or utility rights of way. IDEM responded previously to this request that the Nature Conservancy

is a nongovernment entity and that IDEM felt that it couldn't include the Nature Conservancy within those

amendments to those rule changes.

The Nature Conservancy brought up two points in regards to this issue. At 326 IAC 4-1-1, a person may open

burn the following for maintenance purposes: vegetation from a farm, an orchard, a nursery, a tree farm, and

vegetation from agricultural land if the burning occurs in an unincorporated area. There is no definition for

"agricultural land" within 326 IAC 4. Other areas of the Indiana Administrative Code lists "agricultural land" as land

reserved for conservation purposes. It also considers "agricultural land" as land assessed as "agricultural land"

under real property assessment rules and guidelines of the Department of Local Government Finance. The

Nature Conservancy's property tax parcel bills classify Nature Conservancy land as agricultural land.

The second point is in regards to IDEM's comments about not being able to add the Nature Conservancy to

the list of entities because it is a nongovernment organization. There are other areas within the Indiana

Administrative Code where nongovernment entities have been included. One example is within the exemption of

building, land and personal property for various purposes under property tax bills, so nonprofit entities can be

exempt from taxes on buildings on land owned by nonprofit entities.

Response: At preliminary adoption the board voted to add the Nature Conservancy to the exemption list at

326 IAC 4-1-3(c)(4) with the understanding that IDEM will look into the legality of such language. Before final

adoption, IDEM will consult internally with the Office of Legal Counsel and the Compliance and Enforcement

Branch and with the Indiana Office of Attorney General to make a decision on how to address the concerns

related to the "agricultural land" exemption and the ability to add the Nature Conservancy to the exemption list.

326 IAC 4-1-3; 326 IAC 4-1-4

SECTION 1. 326 IAC 4-1-3 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-3 Exemptions

Authority: IC 13-14-8; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows:

(1) A person may open burn the following:

(A) Vegetation from any of the following:

(i) A farm.

(ii) An orchard.

(iii) A nursery.

(iv) A tree farm.

(v) A cemetery.

(vi) A drainage ditch.

(vii) Agricultural land, if the open burn occurs in an unincorporated area.

(B) Wood products derived from the following:

(i) Pruning or clearing a roadside by a county highway department.

(ii) The initial clearing of a public utility right-of-way so long as the open burn occurs in an unincorporated

area.

(C) Undesirable:

(i) wood structures on real property; or

(ii) wood remnants of the demolition of a predominantly wooden structure originally located on real

Indiana Register

Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 2
property;

located in an unincorporated area.

(D) Clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the

railroad rights-of-way, but not including railroad ties.

(2) All open burning that is allowed under this subsection must comply with the following conditions:

(A) A person who open burns shall extinguish the fire if the fire creates a nuisance or fire hazard.

(B) Burning may not be conducted during unfavorable meteorological conditions such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

(C) All fires must be attended at all times during burning until completely extinguished.

(D) All asbestos-containing materials must be removed before the burning of a structure.

(E) Asbestos containing materials may not be burned.

(b) The types of fires identified in subsection (c) are allowed under this rule. Unless specified otherwise, the

following conditions apply to any fire allowed by this subsection:

(1) Fires must be attended at all times and until completely extinguished.

(2) If at any time A fire shall be extinguished if at any time it creates a:

(A) pollution problem;

(B) threat to public health;

(C) nuisance; or

(D) fire hazard.

it shall be extinguished.

(3) No burning shall be conducted during unfavorable meteorological conditions such as any of the following:

(A) High winds.

(B) Temperature inversions.

(C) Air stagnation.

(D) When a pollution alert or ozone air quality action day has been declared.

(4) All burning shall comply with other federal, state, and local laws, rules, and ordinances.

(5) Adequate firefighting equipment shall be on-site for extinguishing purposes during burning times.

(6) Burning shall be conducted during daylight hours only, and all fires shall be extinguished before sunset.

(c) The following types of fires are allowed:

(1) Recreational or ceremonial fires, such as fires for scouting activities, and fires used for cooking purposes,

such as camp fires, subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Only the following may be burned:

(i) Clean wood products.

(ii) Paper.

(iii) Charcoal. or

(iv) Clean petroleum products.

may be burned.

(B) Any person conducting recreational or ceremonial fires shall notify the local fire department and

health department must be notified at least twenty-four (24) hours before prior to any burning where if the

size of the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(C) Fires shall:

(i) not be ignited more than two (2) hours before the recreational activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(D) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet and only one (1) pile

may be burned at a time.

(E) The fires shall not be used for disposal purposes.

(F) Fires shall not take place be located within five hundred (500) feet of any fuel storage area or pipeline.

(2) Private residential burning, where the building contains four (4) or fewer dwelling units. Burning is

prohibited in apartment and condominium complexes and mobile home parks. Beginning June 23, 1995,

residential open burning is prohibited in the counties listed in section 4.1(c) of this rule. Burning shall be

subject to the conditions in subsection (b) and the following conditions:

(A) Burning shall be in a noncombustible container that:

(i) is sufficiently vented to induce adequate primary combustion; and

(ii) has enclosed sides and a bottom.

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Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 3
(B) Only clean wood products and paper may be burned.

(3) Waste oil burning where waste oil originates from spillage during testing of an oil well and has been

collected in a properly constructed and located burn off pit as prescribed in 312 IAC 16-5-11 in the natural

resources commission rules. Burning shall be subject to the conditions in subsection (b) and the following

conditions:

(A) Each oil pit may be burned once every two (2) months.

(B) The fire must be extinguished within thirty (30) minutes of ignition.

(4) Department of natural resources (DNR) burning, to facilitate prescribed burning on DNR controlled

properties for wildlife habitat maintenance, forestry purposes, natural area management, and firefighting or

prevention; burning by municipalities, county governments, and the Nature Conservancy to facilitate

prescribed burning for wildlife habitat maintenance, forestry purposes, natural area management, and

firefighting or prevention; United States Department of the Interior burning, to facilitate a National Park

Service Fire Management Plan for the Indiana Dunes National Lakeshore, for example; and United States

Department of Agriculture, Forest Service burning, to facilitate wildlife habitat maintenance, forestry purposes,

natural area management, ecosystem management, and firefighting or prevention. Burning shall be subject to

conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) If The fire shall be extinguished if it creates a:

(i) nuisance;

(ii) fire hazard; or

(iii) pollution problem.

it shall be extinguished.

(B) No burning shall be conducted during unfavorable meteorological conditions, such as any of the

following:

(i) High winds.

(ii) Temperature inversions.

(iii) Air stagnation.

(iv) When a pollution alert or ozone action day has been declared.

(C) Only vegetation and clean petroleum products may be burned.

Burning by the U.S. Forest Service for firefighting or prevention is not subject to the conditions in subsection

(b) or this subdivision.

(5) Burning of marijuana by federal, state, and local law enforcement offices. Burning shall be subject to the

conditions in subsection (b) and only clean petroleum products shall be used for ignition purposes.

(6) Burning, for the purpose of heating, using clean wood products or paper in a noncombustible container that

is sufficiently vented to induce adequate primary combustion, and has enclosed sides and a bottom. Burning

shall be subject to the conditions in subsection (b)(1) through (b)(5) and the following conditions:

(A) Burning shall only occur between October 1 and May 15.

(B) Burning shall not be conducted for the purpose of disposal.

(7) Burning of vegetation by fire departments and firefighters to create fire breaks for purposes of extinguishing

an existing fire. Such burning is not subject to the conditions in subsection (b).

(8) Burning of clean petroleum products, natural gas, methane, or propane for fire extinguisher training,

including mobile or stationary training units, subject to the conditions in subsection (b) and the following

conditions:

(A) The local fire department and health department must be notified at least twenty-four (24) hours in

advance of the date, time, and location of the burning.

(B) Except as provided in clause (C), daily fuel volume amounts burned are limited to one (1) of the

following:

(i) Fourteen (14) gallons of clean petroleum products.

(ii) Two hundred twelve (212) gallons of propane.

(iii) Twenty-nine thousand seven hundred (29,700) cubic feet of natural gas or methane.

(C) A combination of the fuels listed in clause (B) may be burned each day. The amount of each fuel that

can be burned each day shall be determined as follows:

(i) The volume of each fuel to be burned each day shall be calculated as a percentage of the maximum

volume allowed in clause (B) for that fuel.

(ii) The sum of the percentages for each fuel burned each day shall not exceed one hundred percent

(100%).

(D) All burning of clean petroleum products shall take place in a noncombustible container or enclosure that

has enclosed sides and a bottom.

(E) All burning shall be conducted in such a manner so as to prevent any possibility of soil contamination or

uncontrolled spread of the fire.

(F) Only one (1) fire may be allowed to burn at a time.

(9) Burning of two (2) single family, nondemolished structures per calendar year by municipal fire

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Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 4
departments for purposes of live fire training, subject to the conditions in subsection (b) and the

following conditions:

(A) Written notification must be submitted to the Indiana department of environmental management,

office of air quality, at least thirty (30) days prior to the burning with the date, time, and location of

the burning included. A copy of the notification shall be made available at the burning site to state

and local officials upon request.

(B) The fire department conducting the fire training must provide written notification to each

interested party or person owning or renting property within five hundred (500) feet of the structure

to be burned at least fifteen (15) days prior to the training activity or publish a notice of intent to

burn in the local newspaper at least fifteen (15) days prior to the training activity.

(C) The fire department must notify the county health department and county sheriff's department at

least twenty-four (24) hours prior to the burning and include the date, time, and location of the

burning.

(D) All asbestos-containing materials, asphalt roofing including backer paper, and vinyl siding

including Styrofoam backer insulation must be removed before the intentional burning of any

structure. These materials may not be burned and must be handled or disposed of in accordance

with the applicable rules of the solid waste management board at 329 IAC 10 and 329 IAC 11.

(E) Mercury containing equipment and fluorescent bulbs must be removed from the house and

properly recycled or disposed of in accordance with the applicable rules of the solid waste

management board at 329 IAC 10.

(F) No burning shall take place within one hundred (100) feet of a structure or power line or three

hundred (300) feet of a frequently traveled road, fuel storage area, or pipeline.

(G) All burning must comply with other federal, state, or local laws, regulations, or ordinances,

including 40 CFR 61, Subpart M* (National Emissions Standards for Asbestos).

(10) Ceremonial burning of United States flags, subject to the conditions in subsection (b) and the

following conditions:

(A) Any person conducting ceremonial burning of United States flags shall notify the local fire

department and health department at least twenty-four (24) hours prior to any burning if the size of

the pile being burned is more than one hundred twenty-five (125) cubic feet and include the date,

time, and location of the burning.

(B) Fires shall:

(i) not be ignited more than two (2) hours before the activity is to take place; and

(ii) be extinguished upon conclusion of the activity.

(C) The pile to be burned shall be less than or equal to one thousand (1,000) cubic feet, and only one

(1) pile may be burned at a time.

(D) Fires shall not be located within five hundred (500) feet of any fuel storage area or pipeline.

*This document is 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 Board; 326 IAC 4-1-3; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2419; filed May 24, 1995, 10:00

a.m.: 18 IR 2408; filed Jul 30, 1996, 2:00 p.m.: 19 IR 3341; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477;

filed Mar 21, 2007, 2:48 p.m.: 20070418-IR-326050268FRA)

SECTION 2. 326 IAC 4-1-4 IS AMENDED TO READ AS FOLLOWS:

326 IAC 4-1-4 Emergency burning

Authority: IC 13-15-2-1; IC 13-17-3-4

Affected: IC 13-12; IC 13-17-9

Sec. 4. Emergency burning with prior oral approval of the commissioner or the commissioner's designated

agent may be authorized for the following:

(1) spilled or escaping liquid or gaseous petroleum products when all reasonable efforts to recover the spilled

material have been made and failure to burn would result in an imminent fire or health hazard or air or water

pollution problem; or

(2) clean wood waste, vegetation, or deceased animals resulting from a natural disaster where failure to burn

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Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 5
would result in an imminent health, or safety, or environmental hazard.

The commissioner or the commissioner's designated agent shall issue a written approval within seven (7) days of

the oral approval. The written approval shall contain any conditions on emergency burning that the commissioner

established in the oral approval.

(Air Pollution Control Board; 326 IAC 4-1-4; filed Mar 10, 1988, 1:20 p.m.: 11 IR 2420; filed Jul 30, 1996, 2:00

p.m.: 19 IR 3343; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477)

Notice of Public Hearing

Posted: 06/08/2011 by Legislative Services Agency

An html version of this document.

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Date: Nov 22,2011 1:48:12PM EST DIN: 20110608-IR-326090362PRA Page 6
ATTACHMENT H 
ADMINISTRATIVE: CH ECKUST (40 CFR 51, Appendix V) LSA #09-362 

1. The submittal is accompanied by a fonnalletter of submittal 

from the governor or his designee. 

Enclosed 

2. Evidence that the State has adopted the plan in the State code Attachment B 

or body of regulations; or issued the pennrt, order, consent 

agreement rdocumenr); In final form. 

a. Date of adoption or final issuance: 

b. The effective date of the plan, if different 

from the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority 

under state law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for 

approval and incorporation by reference into the plan, 

Including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped. dated by 

the appropriate state official indicating that it is fully 

enforceable by the State. Effedlve date shall be stated 

in the document Itself. 

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution In 

conducting and completing the adoption/issuance of the plan. 

Date of adoption 

(August 3, 2011) 

30 days after filing 

(Odober 28, 2011) 

IC 13-14-8 

Attachment A 

Attachment B 

6. Evidence that public notice was given, including date of Attachment D 

proof of publication. 

_X_ Notice of First Public Hearing and Publisher's Affidavits 

_X_ Notice of Second Public Hearing and Publisher's Affidavits 

7. Certification that public hearings were held in accordance 

with information provided In public hearing notice. 

_X_ Transcript from First Public Hearing 

_X_ Transcript from Second Public Hearing 

Attachments E and F 

8. Compilation of public comments and State's response. Attachments G 

_X_ Response to comments from Second Notice 

_X_ Proposed Rule 

___ Response to comments from Third Comment Period 

9. Technical Support Document (if source specific change). N/A