# A TTACHMENT 

# CTITLE 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 Indiana Register

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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 Indiana Register

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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 Indiana Register

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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 Indiana Register

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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 Indiana Register

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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: Indiana Register

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(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 Indiana Register

Date: Nov 22,2011 1:51:17PM EST DIN: 20110216-IR-326090362SNA Page 7prohibited 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 9agent 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

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# l 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 nltoring ( 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 ap PfOv.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 (ea t 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 public hearing st\al be open 10 pdc Inspection at the !lUana**~** of Envtronmerotal Management; copies may be made nailable 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 ac lloo 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**~~~** I00 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 ofwhich sball total mOR than four solid lines ofthe type in which the body ofthe advertisement is .set). -number ofoquivalmt line.s Head • Nwnber of**lin~** Body

- Number oflines j Tail

- Number of Lines 

### I 'fotaJ number oflines in notice 

# '---------------------------------------------------------------------- COMPUT A110N 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~** oftwo) TOTAL AMOUNT OF CLA1M DATA FOR COMPUTING COST Width of siDgfe column 

### ll ems Number ofinsertioas __LQ**S~oftype1** $
__**__!1~900!.::..5~3** 

### .00 $.

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'PuTsuant to 1be provisions and penalties oflC 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 

### alljustcredits;;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~** 7Newspeperbas 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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## AMOUNT$

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TO INSURE PROPER CREDIT REn.JRN THIS**FOR~** WITH REMmANCE 

### THANK YOU INDIANAPOUS NEWSPAPERS 

### (

# ( INDIANAPOLIS STAR AND NEWS. INDIANAPOLIS, IN



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### 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'""- ·..- ,:

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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 

# postton the same 

### day· as 

### It 

### was published In Tho Joumal 

### Gazette.

# I\~~

Date: March 19, 2011 

### T. Brown..Smfth Legal Clet1<:a.JmNo.

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ON ACCOJNT Of**N>PftO~TlOH** FOR**~~o** 

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. 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 c redits, and that no part of lh& same**ha~ .**  been paid•

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

..X.. Newlpaper haa e Web al1 e end tNa pUbic notice was p osted o n the tame d8y as I was pt.i>llahed in
· the 1'19WSP81*· ·

...... Newapap&r ha& a Web site , bu1 du& tt> tech n ical prnble m or 8f'J'Of, public noUce was posted on ... .. .......... .

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.

TWG : Legal ClericClaim No.
_____ WaiTIInt 

### No.------

IN FAVOR OF



## '------

ON ACCOUNT OF APPROf'RIATION 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•_,----iIm....;mC/)m0)>()0:<c-im:::uz

# ( PtMcribe<! by Stato 6oard ofAoc:ouniS 

# r· ·-· 

# I 

# RECfl v lliO 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** **~ffih 3l8**  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

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

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# I**~** Claim No
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. ___ _

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 bual nesa



## ---------------·---

# ( 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) w i ll 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,**  Indianapoli s , I

ndiana
. . The purpose of the**h~nng** ts II? receeve pubhc**com~n~** prtor to the propo$ed aC1eons
. Alltnterested pefSO(Is are tnvtted and will be given reasonable oppom.onity to e xpress their**vi~** concerni ng the proposed actton . Copies o f the propo$ad rule are avtlleble to any PllfSOO upon roqum and are available f<* public inspection at the fo llowing locations : I nd i ana Department of EnvironmenUII Menegemont. Office of Air Quality , India na 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, Indianapoli s, lnd&ana 46204. Indiana Departmeot of Environmen'UII Management, North· was:t Office , 8380 louis iana Street . Merr illville, I ndiana 464t0
. lnd111na**~rtment** of**nyir~mental** .Ma n agement, Nonhero**~~ :**  Suota 450, 300 N
. Miehtgan S treet, South Send
. Ind iana 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 S we6t Street. Brownstown, Indiana 4n20-9557
. lndianaP.Oiis**C~mrel** libr.try, 40 Eest St Clair Streec, ln

- dlanapOios, lndltna-46204. Hammond Public library, 564 State SUeet. Hemmorw;i. In· diane 46320.**~lien** County Publ ic l i brary, 900 library Plaza, Foo Wayne
. In · dtana 46802. Evansville Vendertlorgh P\Jbl lc library. 100 SE Mart in 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 a s ona week prior to the meeting at http'l lwww.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

r eenhouse ges tailoring rule, that ere proPQaad for ado ptio n v the board. Tha pr<>PO$Sd rule amends lansuege In the par· mining rules to provide clarifl(a ti on on permrn i ng of green · house _gas es in lit1e V permits. For &dditionel i nformation conce rning_ tf)is rule con'Uict S usan Bern lfllhe Indiana Department of EnvJron m enUII Management, Office of Air Quality , R

oom 1003 , Indiana Governmelll Center North, 100 North Senate Avenue
. Indianapolis at 1317) 233-56!!7 o r (80pl 45Hl027 (axt
. 3-5697)(1n Indiana). or sbem @idem
.in
.g ov. Ethanol Plant aarification ILSAI11

-99I
. The purpose of th f s hearing is t o rec:eive P<Jblic oomment on emandment$ to 328 lAC 2, corn:eming ethanol plants, tha t are propos ed lor adoption by the board
. The proPOsed rule clarifies that ethattOI pro· duct 'io n facilities are excluded from the term "chemical pro- oen plants ' in the ma fot sou r ce 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 , Indi ana 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 Mon ito ring flSAM05-3301
. The purpose of th i s hearrng is to receive public comment on amandments t o 326 lA

C 3
. concerntng c.ompliance monitor i ng riiQIJirements. that ere**P~P;OS8d** lor final 8doptoon by the bOard
. Tho p r oposed rule c!anftes and updates compl ian ce monitoring rule len· guege and streamfines certain req\l ire m ents. for edditionat lnfonnetion concerning_ this rule contact SLJsan Bern at the lnd i ena Department of Envtronmentel Manage- ment. Office of Air Ouelity, Room 1003, Indiana Government CentM North
. 100 North Senate A v enue , Indianapolis at (317) 23
. 3 · 5697 or (800)45Hl027 Iext. 3-56S7! ( in l ndl1 nal. or sbam@ tdem.ln
.gov.**Pe~it** feesllSAM07 · 285). The purpose of th i s healing is to rece.ve public comment o n 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 prelim inafY**adop~l on**  by the OO. r d
. The .draft nJieclerifies and upda tes permtt. fee language a nd adds fees for certaifl woodwo r king 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, l ndiena Government Cen ter North , 100 North Senate Avenue. lndienepolis et (311 1 233-8628 or (800 ) 451-6027 (ext. 3-8628l(in Indiana) or asmoth@ ldem
. in
. gov. '**Ho&pitaVMI(I;calllf~fectioua** Waste lnc lneretors (lSA11 0-733)
. The purpo se of thiS hearing is to receive publ;c comment on amendments to 326 lAC**11~** concern i ng hospitallmedica Vin·**fectio~s** w8S1e incinerators . that era proposed fo r pr eltminary adopteon by the board
. The dreft t\Jle updetes existing ru l 8$ foe' con5istency w ith federal riiQIJirements
. For additiona l infor m stion concerning_ this rule contact Susa n Bem at the Indiana !)epartment o t Envoronmental Me nage · ment, Office of Air Quality, Room 1003. Indiana Government Cente r North. 100 North Senate Aven ve , lndianapol is at (311123
. 3-5697 o r (800145H)027 (ext
. 3-5697) (in I nd i ana). o r**sbem~** odem
. tn. gov .. OIHI!' Burnln_g (lSAf09.362)
. The purpose of this hea ring i s to recetve publtc comment o n amendme nts to 326 lA C 4**co~** cerning open burn ing**M~vlrementsJhet** e r e proposed lor prehmenary adoption by the board
. 1ne draft rule e;cempts certein types of burning from needing to OO..in en epproval end**all ~**  the ceremon . ia l oo rning o r Uni ted States flags
. For eddtttonal lnfOC'metto n conce m tng th i s rut a conteC1 Susan Bem at tho Indiana Oepetlment o f Environmental Ma nage- mont, Office of Air Qualltv. Room 1003 , Indiana Governme01 Center North. 100 North Senate Avenue , Indianapo l is at (317] 233-5697 or IBOOJ 45Hi027 (ext

. J

-5697)(in Indiana ), or sbem@idem.ln .gov . For this hear i ng. orelstet&ments w ill be heard, but f or the e c- CtJr'acy of the record, please :;ubmit statements in writing to the attendant deslgneted t o receive written comments at the public hearing. A**tra~ript** of the heering e nd eU w ritten submissions to the board at the public hearin g shall be open to publ ic lllspection at the I ndiana Oapartment of Environmental Management ; copie s**m~y** be made avellable to anv person upo n pevment of reproduC1eon costs . Any person heard OC' represe nted at the h earing 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 SeC1 ion Office of A i r Qua lity "**lndivid~als** 1"8QU iring reasonable aocommodatlons lor p.artici

- p811?ft on th i s evant Should contact the Indiana Department o f Envcr'!nmental Management. Americans w ith Disabilit i es Act coordtnetor at: Ann : ADA Coordinator lndlana Department of Environmental Management 100 N
. Se 1"141te Avenue Indianapolis
. IN 46204 or c all (3171 233-1785. Speech and heoring impelrad callers may conteC11h e a gency via the India na Relay Service 11 1 · 800-**743 -~33** **.** Please provide a minimum of 72 hours notifica ti on . ICounar 81 Press March 19
. 20111

# (



# (

( 8031S-58l9137 

### IND DEPT OF ENVIRONMENTAL MANA To: INDIANAPOUSNEWSPAPERS MARlON COUNTY, INDIANA 307 N PENNSYLV ANlA ST ·PO BOX 

### 1 4

5 INDIANAPOUS.IN 40206.0145 PUBU SBER'S CLAIM 

# RECEIVED LINE COUNT 

# t Display Mauer •**(Mu:s~** 

### noc exceed two 

### oc:ruallinc5, orither ofwtUeb 

### I local more d:l.ao four 

### .solid .l:ioe$ ofthe 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~nto** **l** 

### Moneotmon t Tail

- Number of

### linu 0M(o o'A t,. Quality ToW number oflincs in n«ie1l ' 

### COMPUTATION OF CHARGES 

### J.ru I ina _l.2columns wideequals ..ll§.Q equi'Yalcnl li nes at 

### .ill eents per l.mo Additional durge 

### fCX" ooried' cootaining nd e and fipe work (SO 

### per cent of

above amount) Chatges for oxtra prooU ofpubltcation (S 1 .00 for eacb proof in o:ce:u oftwo) TOTAL AMOUNT 

### OF CLAIM OATA FDllCOMPUIDIO COST Width ofsinglcoolumn 

### lJ. ems NoltOl>e<

# of,_,.., ..ll Sizcofcypet $
. __ .J

I"'44"'
.?"'

3

# =:::;**00~** 

# s:: 144.1 3



### PursuaM \0 tbt provisions lftd penalties oflC S.ll· l**~**1 , I hertby octtify that the foregoing account i s 

### JU$1 and con-eet, that the amouac dttin:.ed is leRaJty due , tfter allowinSt ailjust credits. at)d that aopan o f**tb~** same 4\iUI..eco**.u.** 

### J also cert i fy that the prifttcd mauct attaebed hereto is a trueeopy, ofthe 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 dayas • 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 Tit le : 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 ofthe type in which the body of the advertisement is set).- number of eq\Jivaleot lines Head • Number of lines Body

- Number oflines Tail

- Nlmlber oflines 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 ofabove amount) Charges for extra proofs ofpublication (S l.OO for each proof in exca.s oftwo) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width ofsingle column 

### U ems Number ofinsertions 

### ....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 5·11·10-l, I hereby certify that the foregoing account is just and correct. that the**Sf!\~:•"'** claimed is legally due, after**allowi~** alljust credits, and tbal no part ofthe same h.as been paid. I also certify that the printed matter attached hereto is a 1rue copy, ofthe same column width and type siu; whicb 

### was duly pubLished in said paper 1 times. The dates ofpublication 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{ 

### cmee ef AlP Quolltv

# ... (



# c LJJ 

## a: LJJ 

## r 1- 

# z LJJ**~** LJJ Ul 

# fi 

# §
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## ~ 

# 8 5**~** <( 

# . The Journal Gazette

All en County, Indiana Account 11060944-916750 

### l nd Depl Of 

### Environmental 

### Mgmt

LI N E COU NT 

### PUBUSHER'S CLAIM



## ,.. ' · ., . ,.**'/ .**  

# RECEIVED Display Mooler( M U$1

# not- two 

### oc:lual inos, neiher of wll 

### tol4l more ltuat l four solid llnos 

### of the typt In whiCh 

### the advertisement is $81) -· n umber 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

### ortabu lar 

### 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 06 2011

198

$ 75.44



### $ 75.44

P\lr$UIIIllto tho 

### piO"'slons Md 

### pone1t1eo otiC 5- 1 1-10.1. 

### I hereby cortly 

### tho! the 

### fotQ90i'>g accou1lls just and 

### correct, 

### tha1 the amount daimed is 

### legalydue,
_ atter a1owfn9 aljusC 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. 

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### 6/25/2011


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### AcfdiUOnolly, N- has 

### a Web site Md 

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### public ,_ wao. pootod on tho""""' day 

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### (_ was published I n The Journal 

### Gazette. 

# h**~~** T. Brown-Smith 

### Dolo: 

### June

_ 25, 2011 

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## ( THE JOURNAL GAZETTE. FT
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.......... To: 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

___ _ __ ___ __ __••••

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__ __ _ ____ --- --- __ • • ----- ••••• Total number of lines In notice 

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# ... Add itional charges for notices containing rule or tabular WOJk (50 per oent of above amount)

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_ ___ __________________ __ ____ ··-- · Charge for extra proofs of publication ($1

.00 for each proof in excess of two) TOTALAt:f6lfNt-6F-CLAIM- - ------ - ---- -- - -- --- -- - ----------- --- ------ -- ------- -- · • "'\:J•'/1"<;;7:1 '. $
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## -- ---- ---------- -- -- ------ ------- --------------------- · DATA FOR COMPUTING COST (;, Width of single column in**plea~** ...................... .. Sile of type
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# 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 l egally due, after allowing a U just credits, and that no part of the same has been pa id
. 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 ......

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.............. tlm<::S. The dates of publication be ing as foBows:



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

. . .**~Newspaper** has a Web site and this pubftc notice was posted on the same day as it was published In the newspape r .

. .. .. . Newspaper has a Web site, b ut due ,o technical problem o r eiTOf', public notice was posted on .... .......... ..

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

# '7-/-11 Date
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# ......... 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**--~-n._**

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## §'i to 0 To:**~1"1,** Times**Media~** 

## ,.,, » :;c General Fo1111 No
. 99P (Rev
. 2009A}

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

LINE COUNT CJ1**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 l i nes 

### 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 

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# f.R..Q.:.i~. Additiona l charges for notlces contain ing rule or tabu l ar 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
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..**:.~ .**  DATA FOR COMPUTING COST Width of slngle column in picas 9p4 Number of Insertions: 1 Size of type 7.0 point. 

## -IF

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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,

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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.

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OH ACCOUNT OF APPROPAIATION 'Oft '""' n.n•• .,..,..**~** 101 W
.**~G41'1** A.y!nw. Munaaet, IN 

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IN T>E 

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# ( THE TIMES MEDIA COMPANY, MUNSTER, IN



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ATTACH COPY OF CUPPING

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# ( Xl16 Indiana Dept of Envtronmental Mngmt To
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, 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 

### otthe 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 oftwo) $ 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, ofthe 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 I ndlcma Department of Environmenta l Ma nagement Office of A i r Q1:1a llty

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# c EVANSVILLE COURIER AND PRESS, EVANSVILLE, IN
LEGAL NOTIC£ 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 Mering 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-neb l.- opportunlty to expr- ihelr**~** con- cerning the propote<l action. · CQplea ofthe pnlpOt4ld ru Ia ere available to eny pertan upon request . and ere ev811abla for publlc:**ln~o n**  II tho following l
. oc:ttiOM: Indiana Oepartnient of**Envlronment~~l** . M-Q.emant. Office ofAir Quality, lndlena Government <:enter-North. tOO

. North Senate Avenue. 10th floot-Eaat

Wing, lndianNI()Ii-. lndl ena 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 loul5i ar\8 Street. Me mllville. 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 Mert in Luther K ing .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:t ion: '**~** 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"' propoeodior l)t'eimlnary a dootlon ' 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 2-7 I. 328 lAC**Nl~-.**328 lAC 2·9. 

# I

3281AC 2·t.- end**3281A~o** 2·t3 conc:em-: • . lng permit fen, the't era prQPO..O fof' ft. · nel adoption bv tht boerd. The PfG- · poMd rula dertfiea and updllee**~** fee l.,guege end edda ffof' cert.lln ' '\. woodWOridng**~·** " For additional lnfonnetlo n concemingA• ttlI s 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 epalis 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 requfrem a 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 1t (d) end 129 of the Clean AI;..**~** , '.P For additional lnformetion coroeemrn{li
.i thl1 rule contec:t SuHn Bem 11 the I n- · 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' Iext. 3-6697)(in Indi ana), 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 open bumiBQ**rwqulreman~** thllt era P"®®eed fof' ftnal1doption · the board. The J)(OpoMd rule II'Qm pta; c.rtaln typae oflwmlna 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 commanta 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: I n· . CDedlon at h lnd lene Depertment of**~** Envtronmentlll Ma!141oament CQplea ·· mev be made aveliable !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**~anbla 1gem~** **~** 

### ("""""'"' ....,, .. 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)

# A TTACHMENT 

# E

# - . ( 1 

### 2 3 4 

### 5 6 7 

# e 9 

### 10 11

# c 12



# ..**~** 

### l3 l4 

## 1 5 

## 16 17 

### 18**1~** 

### 20 

## 21 22 2) 

# \. ' BEFORE THE STATS OP I NDIANA AIR POLLUTlON CONTROL BOARD



## PUBLIC MEETING OF M AY 4, 2 011 

# ORIGINAL Pl!OCEE0 1 11GS before the Indiana Air Pollution ConLrol Bo ard
. Dr. J aMQs M in e r. Ch a irman, ta k en before me. 

## Lindy L. M e y er , Jr., a**ot~ry** 

## Public i n and fo r**ch~** 

### Stat e of Indi ana, Co unty 

## ot Shelby, at the 

### Ind i ana Governroent Ce n ter South, 

## CO J l f e rence Cente r,**~oo~** 

### c. 402 W est was h ingto n Street,**~d napoli9,**  

### Indiana, 

### on W ednesda y, May 4, 

### 2011 

## at 1 , 02 

## o ' cloc k p . m.

W

illi a m F
. Daniels, RPR/CP CH d/b/ a ACCURATE REPORTING OP !NOlANA 1 2922 Br ighto n Av enu e C arm e l, J nd iana 46 03 2 (317) 848 -0 0SS 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 2

### 63 

## ( ' 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
.

### 1 

### 2 3 

### 4 5 

### 6 7 

### 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** 

# ( 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 

### 13 14 

### 15 16 

### 17 18 19 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 (

# ( 1 

### 2 

### 3 

### 4 5 

### 6 7 

### 8 

### 9 10 11 

# c· 12 13 14 15 16 17 18 19 20 21 22 23 

# ( 67


### 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 have1 

### 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 

# (

# ( 1 

### 2 3 4 

### 5 6 

### 7 

### 8 9 10 11 

# c 12 13 14 15 16 

### 17 18 

### 19 20 

### 21 22 23 

# \ 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

# ( 1 2 3 4 

### 5 6 7 

### B 9 10 11 

# c 12 13 14 15 16 17 18 19 20 

### 21 

### 22 23 

### out
-- okay. 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 (1 

### 2 3 4 

### 5 6 

### 7 

### 8 

### 9 10 11 

# (_ 12 13 14 15 

### 16 17 

### 18 

### 19 20 21 

### 22 23 

### "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 can1 

### 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.

# ( 1 

### 2 3 4 

### 5 6 7 

### 8 

### 9 10 11 

# ( 12 13 14 15 16 17 

### 18 19 20 21 

### 22 23 

# (_ MR. BENSHOOF! of burns you do. MR. BLADOW: 75


### 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? 4 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 20 

### 21 MR. BLADOW: Yes. All right. I 

### just MR
. ANDERSON: 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

## ( 1 

### 2 3 4 

### 5 6 1 

# s 9 

### 10 11 

# ( 12 

### 13 14 

### lS 16 11 

### 19 

### 19 20 

### 21 22**~)** 

# ( 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 ( 

# . 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

# .( 1 2 3 

### 4 

### 5 6 7 

### 8 9 

### 10 

### 11 

# ( 12 

### 13 14 

### 15 16 

### 17 18 19 20 

### 21 

### 22 23 

### 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?1 

### 2 3 

### 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. MR. 

### CLARK: Is this also a timing 20 21 

### issue? I 

### mean does it 

### take time to
-- once you 22 apply, before you get a response back? 23 MR. BLADOW: Certainly, yeah,

# ( 1**~** 

### 3 4 

### 5 6**~** 

# s 9 

### 10 11 

# (_ 12 13 14 1S 

### 16 

### p 18 19 20 21 

### 22 

### 23 

# ( 81**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

# ( 1 2 3 4 

## s 6 7 8 9 

### 10 11 

# ( 12 13 14 15 16 17 18 

### 19 20 

### 21 22 23 

# l 83 

### 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 would1 

### 2 

### be

-- 3 

### 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

# ( 1 

### 2 3 

### 4 

### 5 6 7 

### 8 9 10 ll 

# ( 12 13 14 

### 15 16 17 18 19 20 

### 21 

### 22 23 85



### 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 you can be able to go through the formality. So, 15 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. CHAIRMAN MINER: I would like to let 22 23 

### Chad sit down. Is there anything that

--

# ( 1 2 

### 3 4 

### 5 6 7 

### 8 9 

### 10 11 

# (_ 12 13 14 15 16 

### 17 18 19 20 21 22 23 

## ( 87



### 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

# ( 1 

### 2 3 

### 4 5 6 7 

### 8 

### 9 

### 10 11 

# ( 12 13 

### 14 15 

### 16 17 

### 19 19 20 

### 21 

### 22 23 

# l
. 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's1 

### 2 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 21 

### 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

## ( l 

### 2 3 4 5 

### 6 7 

## e 9 

### 10 11 

# ( 12 13 14 

### 15 j6 17 

### 1S 19 

### 20 21 

### 22 23 

# l 91 

### 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

# ( 1 

## '- 3 

# • 5 6 7 8 

### 9 10 

### 11 

# c 1?. 

### 13 14 

### 15 1< 17 18 H 

# zo 21 22**~3** 

# l
. 93



### best to address tlla t**qu~ ~tio** **n.** 

### MIL**PERR ~'**  

### Yea h, bur ns are spre ad**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 ~**  

### app li catio ns in the
. 

### you know, late**win ~r**  

### in preparati on fo r spring.
an d. than 

### &9ain it'• 

### th• late

-- t.he lat a summ er. 

### l oo ki ng ah& ad f or tho fall bu r ns .**ith** 

### che a ppl 1 eotion a irt 

### the 

## cas e of**th~** 

## Na ture C"o nse l.'vanc y. we r equire a burn plt2n if th ey**w~nt** 

### a five ye ar**ppro valr**  

### of wh ic h they**~hey actu~** **lly** 

### app ly not 

### annu ally
. but onc e every fivQ**y~dr&**

### 6**ec~ vee**  

### they $Ubm it 

## a burn**pl ~n** **.** 

### whic h allows us t o grant an approvtal
. 

### lt doe s not**requir ~**  

### that th ey provid e**otif ic~t** **ion** 

### to the oge ncy or meet air pol lution act ion day s or an ything. 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 th o**D~ par~** **mQht** 

### of tn terio r or th e Parks Serv ice. 

### 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 eval uation 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 acti on days or air 2 MR. 

### BEN SHOOF : Good. 3 

### 4 

### and such

-- 5 6 

### MR. PERRY: 

### qualit y actio n days

MR.**8ENSH OO~:**  

### Right. MR. 

### PERRY: where th e e xemptions 7 

### for th e DNR 

### departme nt a nd others d o not include 

## a**~** 

### that. CHAIRM AN MI NER: T h ank you. 10 

### Any other di scuss ion 

## or ques tio ns at this 11 

### time? 12 13 

### (N o resp onse.} CHAIRMAN M I NER: W e ha ve a 

### motion on 14 

### the f loor from Mr
. Benshoo f to amend the 15 

### prel iminary presen ted rul e to include Natu re 16 

### Cons ervanc y as an exemptio n. Any comment s or 17 

### que stions? 18 

### MR. BENSHOOF: In th e l ist o f 1 9 

### enti t i es that are -- CHAIRIVJAN MINER: 

### In the lis t of 20 

### 21 

### enti tl es . Second b y Mr
. Anderson. All those in 2 2 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 

### M R
. BA CO NE: Aye. 

### MR
. AN DERSON: Aye. MR
. 

### BENS HOOF : Aye. M

R
. QUYLB: Aye. MR. KISS EL: Aye. CHAIRMAN MINER: A ye. Op p osed? DR
. 

### S T EV ENS: No.**I~R.** 

### H ORN : No. M

S. F I S H ER: No. MR. CLARK: No. CHA IRMAN MINER: Okay. W e ' ll do a 96

13 

### r o ll-c all vot e j u st t o make it 

### clea r . 14 Mr
. 

### Ben sho o f? 15 16 

### 17 

### 1 8 19 20 

### 21 2 2 23 yes. 

### MR
. BEN SHOOF: Aye. CHA I R M

AN MINER: Mr. Ben s h oof vo tes

Mr. Cla r k? MR. CL ARK: No. CHA I RMAN MINER: Mr. Cla r k v otes n o . Ms. F i s he r ? M

S. 

### FISHE R: N o . CHA I RMAN MINER: Ms
. Fisher v ote s 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

# A TTACHMENT 

# 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, Chairma n Ra n d y Staley 4 Greg o ry Kissel Chr is Horn 5 

### D a v i d Benshoof Je f fery 

### L. Quyl e 6 

### Dr . P hil Stevens Ronald D. Clark , Prox y, State Boa r d of 7 

### Healt h John Baco ne, Proxy, Dep artment of 8 

### Na tural Resour ce s Brand o n Seitz, Pr o xy, Lieutenan t 9 Go vernor P a m e la Fisher, Pro xy, Indiana Ec ono mic 10 

### De velopment Co r po ra tio n 11 

### IDEM STAF F MEMBER S: 12 

### Thomas 

# w. Eas terly, IDE M Commis s i o ner 13 K eith Baugues, As s t. Commiss i on er S c ott De l oney 1 4 Chr i s t i ne Peders e n Amy S mith 15 

### Susan Bern Ryan Knapi ck 16 

### Natha n Byers Ph i l Perry 17 M att Stu ckey Ann Long 18 Ca therine Mit c hel l 19 

### PUBL I C S PEAKERS: 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 w ou ld n ot be eof\!ti dered 2 agricultu ra l land. l8



### ) So, th e. Dep artment requ est e. t.hat the**Bo~xd** 

# + f.inal ad opt the pre l.imina1:ily**ad opt~J** **d** 

### t"ule \'lit.h 

## s IO SM 's sug9aated**ch~ng es** **~s** 

## pr&asn e ed. 6 

### Thanx you . 

## 7**CH~lR MAN** **~N BR** **SON:** 

### Thank 

### you . Q 

### M R
. OUYL E: 

### Cou ld 1**aa~** 

## a qu estion ,**~** 

## Mr. Chairman ? 

## l O If a t arm•r were raisi ng a crop 11 specific ally co**b~** 

### a fuel for**~ bio** **~ne~gy** 

### 12 faciliL y, would chat still qua l ify**sine ~** **ic·~** 

### not 1) 

### 'H 

### 15 16 

### foo-d or f 1h&r? M S

. 

### BE:l<: 

### Well, I think all of t h e - · you know, witho ut having 

### a**d~f.i~ itio** **n** 

### of**a9r~cultu ~~** **l** 

### land in the rule, 

## if**di ff** **~r~a~** 

### 17 eituation s**4~i •k** **,** 

### I**thi~k** 

### the**g• y**  

### woul d have U l 

### t o**va u~te**  

### t hos e , yo v**no ..,** **~** 

### on a caae - Oy - c a se 

### )9 ba sie:
. 20**~)** 

### M R. OUY LE:: 

### 14 9. BEM: 

### Okay. You know , end I think some 2 2 of 

### those coul d be cons idered crop**la nd~.**  

### and f 

### 2 3 don't kn ow - · 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. MR. 

### QUYLE: Okay. 18 

### 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 suggested1 

### 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 ti on 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 

## CHAIRM AN ANDER SON: Second b y 2 Mr. Clark. I w i ll now pol l ehe**So~rd** 

### tor final 

### 3 adoption . 4 M r . D a vid B en s hoof? 

### 5 

### MR
. 

## BEN S H OO F : Aye
.**CH lR** **MAN** 

### A

NDERSON : Hr .**Ben~hoo f**  1 

### vot: e s aye . 8 

### Hr. Ronald Clar k? 9 

## M R. CLARK: Yes. 10 

### CH AIRMAN ANDERSON : M r. Clark**vote~** 

### ll 

### y es. 

# c Mr
. John Bacone? 1) 

## HR
. 

## 9ACONB: Aye
. 1 • 

### CHAIRMA N**NDERSON:** 

### Mr . Bacon e vo tes 

## lS 

## aye. 16 

## MS. FISHER• 

## Ay e. 18 

## CHAIRMAN ANOBRSON • Ms
. Pishe r votes • 

### 19 

## aye . 20 Mr.**Or~gory** 

### Ki ssel ? MR . KISSEL: Yes . 

## 22 C H1\IR MAN ANDERSON : til l:' . Ki.asel vote s 2) 

## ye s .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 m o tion to final 21 

### a dopt carries unanimously. 22 This is a public hearing before the Air 23 Pollution Contro l 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

# A TTACHMENT 

# GTITLE 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

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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

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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. Indiana Register

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(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 Indiana Register

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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 Indiana Register

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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. Indiana Register

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# A TTACHMENT 

# HADMINISTRATIVE: 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