### INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers andOur Environment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov Michael R. Pence Governor 

## Ms. SusanHedman Regional Administrator U.S. EPA, Region 5 77 WestJackson Boulevard Chicago, Illinois 60604

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•ENT 8r-t'<NCH .,f\ENfORCEN.,!.EG'O''' 5 

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## Dear Ms. Hedman: September 6, 2013 Thomas W. Easterly Commissjoner 

# RECEIVED 

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u.s.**N;J:/:nt.~lNlSrR.~TOR** ()l'l'\CEOVRE 

## Re: State ImplementationPlan Submittal for IndianaRegarding 326 lAC 3 and 326 lAC 7-2-1; Compliance Monitoring (LSA #05-330); Supplemental Letter for 326 lAC 1-2-23.5 (LSA #98-95)

Pursuantto Section 110 ofthe 1990 CleanAirAct and Title 13 ofthe Indiana Code, the IndianaDepartment ofEnvironmental Management (IDEM) submits an amendment to the Indiana state implementationplan (SIP). IDEM requests review and approval into the SIP ofthe definition of"emissions unit'" at 326 lAC 1-2-23.5. IDEM and the United States Environmental Protection Agency (U.S. EPA) have worked together to resolve issues with Indiana's compliance monitoring rules at 326 lAC 3. The compliance monitoring rule (LSA #05-330) was submitted for state implementationplan (SIP) approval on September 19, 2011. During review ofthe compliance monitoring rules at 326 lAC 3 itwas discoveredthat Article 3 references a definitionfor "emissionsunit" in 326 lAC 1that is not SIP approved. The definition of"emissions unit" was addedto Article 1 as part ofa large minornew source review rulemaking (LSA #98-95) thatwas submitted to U.S. EPA on February 3, 1999, and subsequentlywithdrawn onJune 11, 2010, due to issues withthe minor new source reviewrules. To support approval ofthe compliance monitoring rules, IDEM is requestingthat U.S. EPA approve the definition of"emissions unit" at 326 lAC 1-2-23.5 into the SIP. In orderto assist with yourreview ofthis state implementationplan submission IDEM is resubmittingthe supporting documentation for LSA#98-95. IDEMis notrequesting U.S. EPAto act on any other portion ofthe LSA#98-95 rulemaldng. This submittal consists ofone (I)hard copy ofthe required documentation. An 

## electronic version ofthe submittal in PDF fonnatthat is identical to the hard copy has been sentto Chris Panos atthe U.S. EPA Region V office. In order to assistwith your review ofthis state implementation plan submission, a list ofsupporting documents is attached. Throughoutthe development ofthese amendments to the existing rule, staffofthe Office ofLegal Counsel worked closely withyour staffto ensure that any potential problems thatmight exist withthis requested SIP revision would beresolved. I requestthat U.S. EPA approve 326 

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An Equal Opportunity Employer AState**that~** 

## <i) RecycledPaper

## Ms. Susan Hedman Page 2 of2 lAC 1-2-23.5 into Indiana's SIP. Ifyouhave any questions regarding this submittal, please contact Mike Dalton, Rule Support Section Chief, Office ofLegal Cow;s,t;Lat (317) 232-8884.

NK/sb Attachments: Supporting Documents 4 

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## Sincep~ly,

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## ancy Kiri'g Ohiei(·Rules Dev: opment Branch

# cbftl~e ofLegal Counsel

cc: PamBlakely, U.S. EPA Region 5 (no enclosures) Steve Rosenthal, U.S. EPARegion 5 (no enclosures) Christine Pedersen, IDEM (no enclosures) SIP file

## Supporting Documents

- LSA Document#98-95 AttachmentA:·Final Rule as published in

## the IndianaRegister onJanuary 1, 1999 (22 IR 978) (pages included is limitedto definition of"emissionsunit" at 326 lAC 1-2-23.5) Attachment B: Signature Page Attachment C: Republication ofSecondNotice ofComment Period as published in the Indiana Register 

## onNovember 1, 1997 (21 IR 801) Attachment D: Publisher's Affidavits AttachmentE: Transcript ofFirstPublic Hearing held on February 4, 1998 and continued on March 3, 1998 Attachment F: Transcript ofSecondPublic Hearing held onJuly 1, 1998, including Responseto Comments from the Third Comment Period Attachment G: Proposed rule as published inthe IndianaRegister onMay 1, 1998 (21 IR 3036) Attachment H: Administrative Checklist (40 CFR 51, Appendix V)

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# ATTACHMENT A

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## Final Rules personal flotation device may be carried instead of a required**~rsonal flota~ion**  device 

### iftheTypeV personalflotation device 

### ,;approved by the United States Coast Guard for the activity in which the recreational watercraftis beingused. 

### (Department of Natural Resources: 310 lAC2. l-12-2:filedDec2, 1993, 2:00 IJ/11.: 171R 707:filedNov25, 1998, 4:54p.m.: 221R 977) LSA Document #98-84(F) Notice of Intent Published: 

### May I, 1998; 21 IR 3029 ProposedRule Published: July 

### I, 1998; 21 JR 3997 Hearing Held: August21. 1998 ApprovedbyAIIorney General: November 10. 1998 Approvedby Governor: November 25, 1998 Filedwith Secretary of State: November 25. 1998, 4:54p.m. IncorporatedDocuments Filed with Secretat}' of State: None



### TITLE 326 AIR POLLUTION CONTROL BOARD LSA Document #98-95(F) DIGEST Amends 326 lAC 1-2 concerning definitions. Adds 326 lAC 2-1.1 

### to establish generalprovisions. Amends 326 lAC 

### 2-2 and 326 lAC 2-3 to update references to new rule citations. Adds 

### 326 lAC 2-4.1 concerning major sources of hazardous air pollutants. Adds3261AC2-5.1 concerningconstruction ofnew sources. Adds 326 lAC 2-5.5 concerning registered sources. Adds 326 

### IAC 2-6.1 concerning minor sources. Amends 326 lAC2-7 to includeprovisionsforthe establishmentofemission caps and to provide procedures for 

### Part 70 sources to obtain 

### approvalsto modify the source. Amends 3261AC 2-8 to include provisions for the establishment of emission caps and to imple"ment streamlinedpermitrevisionproceduresand

### aunitar:' 

### permit system. Amends 326 lAC 2-9-1 to update references to new rule citations. Amends 326 lAC 2-9-4 concerning 

### woodworking operations. Amends 326 lAC 2-9-6, 326 lAC 2- 10-1, and 

### 326 lAC 2-11-1 to update references to new rule citations. Adds 326 lAC2-12concerninggeneral permits. Adds 3261AC 2-13 concerning interim approvals. Adds 326 lAC 

### 2- 14 concerning portable sources. Amends 326 lAC 

### 4·1-1 and 326 lAC 6·1-11 to update references to new rule citations. 

### Repeals 3261AC 2-1-1.326 lAC 2-1-2, 3261AC 2-1-3.326 lAC 2-1-3. I, 

### 326 lAC 2-1-3.2, 326 lAC 2-1-3.4, 326 I

### AC 2-1- 4, 

### 326 lAC 2-1-5,326 lAC 2-1-6,326 lAC 2-1-7.1, 326 

### lAC 2- 

### 1-S, 326 lAC 2-1-9, 3261AC 2-1-10, 3261AC 2-1-11.1.326 lAC 2-1-12, 3261AC 2-1-13, 3261AC 2-4, 3261AC 2-5, 

### and 326 lAC2-8-11. Effective30days after filing withthesecretary ofstate. 

### HISTOR\'

FirstNotlce ofComment Penod· rebruarv I. 1 Y96.1ndiana Rt::t!.ister 

### t191RI205)

- c

Second Notice of Comment Period: J\ugtlst I. 1996. Indiana Register (19 IR 3219). Notice of Rescheduled Public llearing: October I. 1996. Indiana Register (20 IR 220).

Republication orSecond Notice orComment Period and Notice of First Ikaring: November I. \997. Indiana Register r21 IR 80 I)

First Public Hearing: Opened February 4. 1998. and continued until 

### March 4. 1998.

Preliminary Adoption: March 4. 1998. 

### 326 lAC 1-2-21 326 lAC 2-6.1 326 lAC 1-2-23.5 326 lAC 2-7-1 326 lAC 1-2-42 326 lAC 2-7-2 326 lAC 1-2-65 326 lAC 2-7-4 326 lAC 1-2-73 326 lAC 2-7-5 326 lAC 1-6-1 326 lAC 2-7-8 326 lAC 2-1-1 326 lAC 2-7-9 326 lAC 2-1-2 326 lAC 2-7-10.5 326 lAC 2-1-3 326 lAC 2-7-11 326 IAC2-1-3.1 326 lAC 2-7-12 326 lAC 2-1-3.2 326 lAC 2-7-19 326 lAC 2-1-3A 326 lAC 2-7-20 326 lAC 2-1-4 326 lAC 2-7-24 326 lAC 2-1-5 .i26 lAC 2-8-2 326 lAC 2-1-6 326 lAC 2-8-3 326 lAC 2-1-7.1 326 lAC 2-8-4 326 lAC 2-1-8 326 lAC 2-8-5 326 lAC 2-1-9 326 lAC 2-8-7 326 lAC 2-1-10 326 lAC 2-8-10 326 IAC2-I-11.1 326 lAC 2-8-1 I 326 lAC 2-1-12 326 lAC 2-8-11.1 326 lAC 2-1-13 326 lAC 2-8-15 326 lAC 2-1.1 326 lAC 2-8-16 326 lAC 2-2-1 326 lAC 2-9-1 326 lAC 2-2-2 326 lAC 2-9-4 326 lAC 2-2-5 326 lAC 2-9-6 326 lAC 2-3-1 326 lAC 2-10-1 326 lAC 2-3-3 326 lAC 2-11-1 326 lAC 2-4 326 lAC 2-12 326 lAC 2-4.1 326 lAC 2-13 326 lAC 2-5 326 lAC 2-14 326 lAC 2-5. I 

### 326 lAC 4-1-1 326 lAC 2-5.5 326 lAC 6-1-1 L1

SECTION 1.3:'61AC 1-:'-:' I IS 

### AMENDED TO RE.AD AS 

### FOLLOWS: 326 lAC 1-2-21 "Construction" definition

Authority: IC IJ.I..&-X: IC IJ-17-3--1: IC 13-F-3·11 ,\ff(•ctl'd: IC 13·11 Sec. 21. "'Construction·· means**l~tbrication.** en:c1ion. or installation of

### air pollution 

### ctmtrt'tt cqttip111CIIt or d Lci\it5 one (1) or more cmissioils units at the localion intended for its usc. Construction does not include any ofthe 101\m\·ing:

(I) Installation ofbuilding supports and foundations. (2) Laying underground piping nr**;~rbors.** (3) Erection ofstorage structun:s. (4) Dismantling existing equipment and contwl JL·\·ices 

### Indiana Register. 1:ofume ll. Numher .J

.

### .lamuuy I. /C.)<) I) 

### 978(5) Ordering Ofequipment and control devices. (6) Off-site fabrication. (7) Temporary storage within 

### the 

### facility other than where permanent installation 

### will occur. This section does not apply to 

### a major 

### PSD source or a major PSD modification as defined in 326 lAC 2-2 or a major source ormajor modification as defined in 326 lAC 2-3. 

### (Air Pollution ControlBoard, 326/AC 1-2-2/;filedMar 10,1988, 1:20p.m.: l!IR2371:filedJul/5, 1993.5.00p.m.: 16/R2824;filedNov 25, 1998, 

### /2·/Jp.m.. 22/R 978)

SECTION 2. 326 lAC 1-2-23.5 IS ADDED TO READ AS FOLLOWS: 3261AC 1-2-23.5 "'Emissions unif1' definition

Auth.ority: IC l3-14-8; IC 13-17-3-4; IC 13-17-3-11 AITected: IC 13-11 Sec. 23.5. "'Emissions unit" means any partor activity of

. a 'stationary source that emits or has the potential to emit any regulated airpollutant underthe Clean AirAct(CAA). 

### {Air Pollution ControlBoard, 326/AC l-J-23.5:filedNov 25. 1998, 12:13 pm.: 22 1R 979)

SECTION 3. 3261AC 1-2-421S AMENDEDTO READ AS FOLLOWS: 326 lAC 1-2-42 "Modification" definition

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 Affected: IC 13-ll Sec. 42. ·'Modification" means ony one (I) or more of the following activities at an existing source:

(I) A physical change or change in the method ofoperation ofany existing

### faeHity which emissions unit that increases thepotentialortega-Hy allowed

### Clllissicus (whicltc 9ct 

### -ismore sliittgwt) 

### of to emit any regulated pollutant that could be emitted from the**~** em.issions unit, or which that resuIts in emissions ofariy regulated pollutant notpreviously emitted. 

### For 

### p01 poses 

### of

### 3-Z6-**tA€~**

### the foi\cwhlg 

### a-p-pty.- ft]**"M~dification"** d-o-enotindttdethe

### repair

### or 1 

### cplacuntltt ofan air 

### pclltltion emitting 

### faeHity or

# mr pcllutioll contro-l 

### cqu

### ipmcntor

### compcucnt:o;thereof

### if

### therepairor t

### cplacetuent i<mmle:



### (11<1 itt 

### ord:e1- to 

### rctttm the 

### facility; 

### p1occss. or 

### cvntrnt cqnipntttltto

### norma-l opelation after ;mupset; 

### tlldlfmtctiott, meclianical**~or** 

## fB-1

# m order to prevent 

### illlpcttdiug<md illtlii inentfa-ittrre ·of the facility; piOCCSS, or

### contro+ tquipitttllt, and 

## tEJr=:t!ts ina potentialtocmrtforcochltgulated pollutant that i<**~** 

### thm "" 

### eqmtl to 

### the potential to cmrt of 

### the 

### cquiptittttt**that~** 

### ltpaiLcd or 

### Icplaccd,**mtdtsnot~** 

### modification ttntfer 

### -n6fA€1 

### 2 1 01 

### 3-Z-6 tA-€

### B-+: {:27 

### ffthe repair or 1

### cplaccJncnt dc:o;u ibcd 

### in**subdi~**

### isio11 

## t+t qualifies 

### -as a tttCListt

### uctiott 

### tmder section 

### 65- of

### thts-

### rnte or is-

### acotttplcte 1

### eplacu••e•1tof anexistingairpollution emitting 

## Final Rules facittty 

### orrontrol- devtee:; and 

### it p1

### educes a potctltial 

### to emit 

### for

### the new

### cqnipmcnt

### th-at exceeds the 

### quantities contained 

### in 376 lAC 2·1 1(b)(I) rn- 376tA€ 2-1 1(b)(2), rn- i< 

### other: wisecm-eredby376tA€ 2 1 I(b)(J),

### thenan applicationfor a 

### pCtndt or 

### 1cgistiation mt:tSt be 

### submitted to the COliIIIlis 

### stoner no

## tater thanthirty 

### (:3-BJ caI endat days trl"ter i 1 t iti

### a

### tit tg 

### the tHicigtncy repairm repiaecntcnt. 

### (2) Construction ofone 

### (I) or more new emissions units that have the potential to emit regulated air pollutants. (3) Reconstruction of one 

### (I) or more existing emission unitsthatincreases the potential to emitofany regulated ·air pollutant. 

### (.4ir Pollution Control Board; 326 lAC 1-2-42;filed Mar 10

.

.1988, 1:20p.m.: l/IR2373;filedJull5, 1993, 5:00p.m.: 16 IR 2825;filed Nov 25. 1998. 12:13p.m.: 22 IR 979)

SECTION 4 326 lAC 1-2-65 IS AMENDED TO READ AS FOLLOWS: 326 lAC 1-2-65 "Reconstruction" definition

Authority: IC 13-1-1-8: 1C 13-17-3--k IC 13-17-3-11**-\ITi~ctcd:** IC 13-ll Sec. 65. AfaettityAn emission unit shall be consideredtobt: reconstructed when the fixed capital cost ofthe nev·· components exceed fifty percent (50%) ofthe fixed. capital cost ofa comparable entirely new 

### -fac1-ttty: emission unit. The fixed capital cost of components shall reflect any exceptions granted under 40 CFR 60*.

*Copies of the Code of Federal Regulations (CFR) referenced in this section may be obtained from the Government Printing Office, Washington, 

### D.C. 20-1-02 and are available for copying at the Indiana Department of Environmental Management, 

### Office of 

### Air Management, Indiana Government Center-North, 100 North Sena.te Avenue, Indianapolis, Indiana -1620-t-2220. (.-fir Po/lut1011 Control Board: 326 lAC I-J-65:jifed.\far I0. /i.J88, !.-]()

### p. Iii

..- 

### 11/R1375:.filedNm·15.**/Y98.1213p.m.:':'IR9~9!**

SECTION 5. 3261AC 1-2-73 IS AMENDEDTO READ AS FOLLOWS: 326 lAC 1-2-73 "Source" definition

.\uthnrity: I(' 13-1-1-H; IC 13-17-3--1: IC IJ-17-3-11 Affl'Ctt'd: I(" 13-11 Sec. 73. An aggregation ofone (I) or more 

### facilities -mnclt stationaryemissions units that are located on one (I) piece of property oron contiguous or adjacent propenies 

### and '«hich are owned or operated by the same person (or by persons under common control) and belong to a single major industrial grouping. For purposes of defining a source, two (2) or morecontiguous oradjacent properties shall be considered part of a single major industrial grouping if aU of the pollutant emitting activities 

### at such contiguous 

### or adjacent \



### Indiana Register. Volume ]2, Numher -1

. 

### .Jamuny I. fi.JI)C} 979

# ATTACHMENT 

# 8**~I"LE** 

### 326 

### AIR POLLUTION CONTROL BOARD LSA DOCUMENT**~98-95(F)** 

### NOTICES PUBLISHED:

HEARINGS HELD: Date: 

### 12-23-97 12-26-97 11-29-97 

### 12-30-97 01-02-98 05-29-98 05-30-98 06-01-98 06-0l-98 06-01-98

Date: 03-04-98 04-04-98 07-01-98 

### Name of Newspaper 

### Indianapolis Star Journal Gazene Times Courier The Evening News Courier Journal Gazene Indianapolis Star Times The Evening News

Place: IGC-S RM A IGC-S RM A Northwest Indiana Regional Planning Commission Hearing comments were fully considered by the Board through: attendance at the hearing and/or written comments and/or transcripts. IN ACCORDANCE WITH THE BOARD'S STATUTORY AUTHORITY AND IC 4-22-2, THE ABOVE RULE TEXT WAS ADOPTED ON 07-01-98 

### IN A FORM THAT**~IFFERS** 

### FROM THE ?ROPOSED RULE PUBLISHED IN THE INDIANA REGISTER, BY A 6-2 VOTE OF ·'"'-'E 30ARD AT A DULY HELD PUBLIC MEETING AT WHICH A QUORUM WAS PRESENT. Attest:

Secretary Date:



### Approved as to ·ty:

# cL

' ffrey A. M di ett Attorney Geferal of Indiana Date: 

# /J

# h f9

# V

. I 

# I Approved: 

# lf/).1/9?

# ~~**\~,£..~=---­** Frank O'Bannon Governor of Indiana

Accepted for Filing:

# ~J.LClruw~ Sue Anne Gilroy 

# f?>t> Secretary of State 

### \2'·**\~ !"~'-** 

# ATTACHMENT 

# C

# I II

I I**Jni~­**

:(I) 

### :tra.

- lted 

### tion 1ew l. lply 

### irst**lu~** 

### as a 

### and ater the 'ails 

### :ned 

### as a for 

# • TITLE 326 AIR POLLUTION CONTROL BOARD FIRST NOTICE OF COMMENT PERIOD #97-18(APCB) Pl!VELOPMENT OFAMENDMENTS TO RULES CONCERN- .jj;ING EMISSION REPORTING friRPOSE OF NOTICE

### ~The Indiana Department 

### ofEnvironmental Management (IDEM) 

### (sOliciting public commenton amendments to

### the emission reporting i\e. Under IC 4-22-2-41, two (2) previous notices concerning the 

### emission reponing 

### rule have been withdrawn. These are LSA Notice 194-10, printed at 17 IR 2180 and LSA Notice #94-lO(B), printed at 181R 3477. IDEM proposes to revise some existing defmitions, add**f~** new defmitions, and clarify the reporting requirements 

### for P!fticulate mauer. IDEM is also soliciting comments concerning reponing requirements for hazardous air pollmant emissions. ttl'ATIONS AFFECTED: 326 lAC 2-6. 

# ..,. pORITY: IC 13-14-8; IC 13-17-3. SUBJECT MATTER AND BASIC PURPOSE OF 

# I RULEMAKING 

# IC 13-14-9 Notices (2) Past. present, and probable future uses ofthe area. including the character ofthe uses of surrounding areas. (3) Zoning classifications. (4)The nature ofthe existing air quaJity orexisting water quality, as the case may be. (5) Technical feasibility, including the qualil}' conditions that could reasonably be achieved through coordinated control of all factors affecting the quality. (6) Economic reasonableness of measuring or reducing any particular type of pollution. (7) The right of all persons to an environment sufficiently uncontaminated as not lO be injurious to human. plant.**animal~** or aquatic life or to the reasonable enjoyment of life and property. REQUEST FOR PUBLIC COMMENTS At this time, IDEM solicits the following: (l) The submission of alternative ways to achieve the purpose of the rule. (2) The submission of suggestions for the development of draft rule language. Mailed comments should be addressed to: #91-18(APCB) Emission Reponing Janet McCabe, Chief \

### ~: Theemission reponmg rule, 326IAC 2-6, was adopted by the Air [ice 

## j PoUution Control Board and became effective in 1993. During the (Our (4) years that IDEM has been implementing this rule. issues have been identified that could be addressed to assist the regulated Communi[}' in complying with the rule and improve the quality of Diformation available to the public and IDEM about emissions ofair DoUutarus. One issue that has been identified is the lackofdefinitions Air Programs Branch Office ofAir Management 1an 

### sof day 

### sof 

## Jr·**I~** 

### ! 

### IR' 

### 28,**~m** rer- 

### ' 8, 

### for •sed**~rs.**

ing ·some ofthe items that are required or discussed in the rule. for ,....ample, AFS. AIRS. and capture efficiency. There are also rDstances where defmitions under 326lAC2-6are notconsistentwith**~er** rules within 326 lAC, such as the defmition for fugitive emissions. A third issue to be addressed in this rulemaking is the 'different cypes ofpaniculate matterthat are regulated under 326lAC 

## "lnd the types ofpaniculatemaner thatwill be required to be reponed imder this rule. The current rule includes paniculare maner with an aerodynamic diameter less than ten (10) microns (PM 1 o), but particulate mauer (PM) is also regulated under 326 lAC.

. .,. IDEM is also soliciting comment on whether and how the rule should be amended to require the reponing ofhazardous air pollut- 

### {;Dts (HAPs). IDEM is currently developing and implementing an air taxies program for Indiana. The reponing of HAPs would assist 

## fuEM in developing and implementing an effective air taxies 'Fogram to reduce emissions ofHAPs and would provide the public 

### \itb infonnation concerning HAP emissions. IDEM solicits com-**~nts** concerning differentapproaches 

### wbeused forincluding HAPs**~ning** under this rule. IDEM recognizes that quantifying emis**Jr.io~ ~fHAPs**  is oftennot straightforward. due wthe lack ofreliable**~ston** factors. The agency seeks comment on whether there are JPProaches to reponing of HAPs that are feasible. for example. 'Phased·in reponing requirements over a number ofyears orfocusing on a subset ofthe one hundred eighl}'-nine (189) listed HAPs. -;;. lSTATUTORY AND REGULATORY REQUIREMENTS**~**

## cIC 13-14-8-4 requires the board to consider the following factors



# _ ftn promulgating rules: (1) All existing physical conditions and the character ofthe area affected. Indiana Depamnent ofEnvironmental Management P.O. Box 6015 Indianapolis, Indiana 46206-QOlS. Hand delivered commentS 

### will be accepted by the IDEMreceptionist onduty atthe tenth floor reception desk. Office ofAir Management. Indiana Govemmenl Center-North. 100 North Senate Avenue. Indianapolis, Indiana. COMMENT PERIOD DEADLINE Comments must be posanarked or hand delivered by =ember 1, 1997. Additional informationregarding this actionmay beobtainedfrom Roger Letterman. Rules DevelopmentSection. Office ofAirManagement, (317) 232-8342 or (800) 451-6027, ext. 2-8342 (in Indiana).

TITLE 326 AIR POLLUTION CONTROL BOARD REPUBLISIIED SECOND NOTICE OF COMMENT PERIOD #96-l(APCB) DEVELOPMENT OF NEW RULES AND AMENDMENTS TO RULES CONCERNING STATE MINOR NEW SOURCE 

### REVIEW PROGRAM PURPOSE OFNOTICE The Indiana Depamneot ofEnvironmental Managemenl (IDEM) has developed draft rule language for new rules and amendments to rules for the state minor new source review program. 

### By this notice. IDEM is soliciting publiccommentonthe draftrule language. IDEM seekscommentontheaffectedcitationslistedand anyotherprovisions ofTitle 326 that may be affected by this rulemaking.


### Indiana Register, Volume 2I, Number 2, November I, I997 801

## IC 13,,14-,9 Notices

lllSTORY First Notice of Comment Period: February I, 1996, Indiana Register (19 IR 1205). Second Notice of Comment Period: August I, 1996, Indiana Register (191R 3219). Notice of Rescheduled Public Hearing: October I. 1996, Indiana Register (20 IR 220). CITATIONS AFFECTED: 326lAC 1-2-42; 326 lAC 2·1: 326 lAC 2-1.1; 326 lAC 2·1.2; 326 lAC 2-1.3; 326 lAC 2-1.4; 326 lAC 2-4; 326 lAC 2·5-2; 326 lAC 2-7-20; 326 lAC 2-8-10; 326 lAC 2·8-11; 326 lAC 2-8-11.1; 326 lAC 2-8-15. AUTHORITY: IC 13-14-8; IC 13-17-3-4; IC 13-17·3-11; P.L. 130- 1996, SEC. 12. SUBJECTMATI'ERANDBASICPURPOSEOFRULEMAKING In February 1996, IDEM published a first notice of rulemaking announcing the agency's intention to amend the state minor new source review permitting regulations. The agency explained that the purpose ofthe rulemaking is to identify and eliminate state permitting requirements where an analogous review is required under new operating permit programs. in addition. the agency would use the rulemaking to identify and consider eliminating state permitting requirements whereno discernibleenvironmentalbenefitderivesfrom 

### the permining process. In August 1996, IDEM published a second notice ofrulemaking that included draft rule language. The draft rule language addressed proposed. changes to the federal new source review regulations, legislativechangespassedbythe 1996GeneralAssemblythataffected penniaing of certain categories ofmodifications. and a streamlined process for review of •pollution control projectsR. IDEM received many commentsconcerningthe draftrule languageand also**concern~** ing the timing ofsome ofthe proposed changes. Due to the number and content of comments and changes that have occurred since the August 

### 1. 1996, Second Notice ofCommem Period, the agency has decided to republish a second notice of rulemak.ing. Thisnoticemamtainstheagency'spreviousintentionsofstreamlining the permit process and more efficient integration between lhe construction and operation pennit requirements. 

### In order to accomplish these goals. the agency has prepared draft rule language that would restructurethepennitrequirementsunder326lAC2-1, andhas replaced 326 lAC 2-1 with four (4) new rules. The new rules are 326 lAC 2-1.1, General Provisions; 326 lAC 2-I.2;New Minor Sources; 326IAC2-1.3,Existing Minor Sources; and 326lAC 2-1.4, Portable Sources. The new rules provide a structure that allows a source to determine the appropriate permitting or approval requirements based on whether the source is an existing source or new source, whether the source is registered or pennitted, and what type of changes or modifications the source is proposing. The new rules provide a setof •general**provisions~** that are appJicable throughout the anicle and assist with consistency across the permitting programs. The general provisions also include rule language that would allow IDEM to establishpennitterms andconditions for emissioncaps andadvanced approvals. The new rules still include the. streamlined pennitprocess uoder House Enrolled Act 1265 (HEA 1265) passed in 1996 and the poUution control project provisions identified in previous draft rule language or comments. While the draft rule contains many new rule sections and provisions, the draft rule incorporates current rule language without any changes or wilh minor changes. For example, the new rule section, 326 lAC 2-1.2-6, incorporates current 

### l1llo language for new source toxic control under326 lAC 2-1-3.4 illldtbe fee section, 326 lAC 2·1.1-12, incorporates the current fee 

### Seaioo under 326 lAC 2-1-7.1. Additionally, IDEMhasrevisedtheadministrative amendmentan1 

## r pennit modification sections under the Federally Enforceable StaJe Operaung Pennit (FESOP) rule, 326 lAC2·8, to incorporatesome01 the sameprovisions formodificationofminor sources. This was done in order to**pro~ide** the**s~e** degree of**integ~a~on** and consistency betweenthe vanous permitprograms. IDEM IS mterested in ways 

### ira which the integration and consistency provided 

### in the new rules tau be applied to the Part 70 pennit program under 326 lAC 2-7. 

### The U.S. EPA has proposed revisions to the Pan70 program on seven.t occasions (August 29, 1994; August 31, 1995; and May 14, 1997), but has not promulgated fmal rules for the revisions. IDEM solicits comments on alternatives to .incorporate the provisions of the new rules into the Pan70 pennitprogram. IDEM is interested in gathering input on the specific draft rule language and has initiated a series of meetings with the regulated community and other interested panics. The purpose ofthe meedngs is 10 provide a forum for various panics to discuss and resolve issues and provide new infonnation and rule language to be included 

### in the new rules prior to presenting the draft rule to the Air Pollution Control Board for preliminary adoption. The agency has a statutorv requirement to have the rules implementing HEA 1265 adopted 

## by December 1, 1998. IDEM believes that the meetings will assist 

### in fonnulating rule language that has a broad consensus

## and will enable IDEM to meet the statutory deadline. SUMMARY/RESPONSE TO COMMENTS FROMTHEFIRST COMMENT PERIOD IDEM requested public comment from February 1, 1996, through March 1, 1996. on alternative ways to achievethe purposeofthe rule and suggestions for the development of draft rule language. 

### IDEM received comments from the following panicsbythe commentperiod deadline (the comments and IDEM responses were published previously in the Indiana Register atl91R 3219): Eli Lilly and Company (LL Y) Following is a summary of the comments received and 

### IDEM's responses thereto:**Comtr~<nt:** IDEMshouldadoptStreamlinedprovisionsforlike-kind replacemem ofequipment. (LL Y) 

### Response: This provision was included in HEA !265. IDEM has incorporated ibis provision into the draft rule language. 

### Comm.enl: IDEM should exclude from minor new source review research and development activities with emissions less than twentyfive (25) tons per year ofany one (1) pollutant. (LLY) 

### Response: This exclusion was included in HEA 1265. IDEM bas incorporated this provision inw the draft rule language. 

### Commem: IDEM shouldamendtheminorNSR rulesto accommodate the use ofTitle V emissions caps and •advance 

### NSR• without triggering minor NSR applicability. IDEM should amend the defmition of "facilityR to include all equipment, installations. or operations covered by an emission cap. (LLY) 

### Response: IDEMagreesthatemissioncapsandadvancedNSRare imponant tools 

### in creating a sueam.Jined permitting process and is committedto exploringthe optionsthesetoolsmay providethe agea<:Y. and the regulated community. The agency believes that additiooa[_ inpuifrom interested parties shouldbe solicitedbeforedraftrules are 

### Indiana Register, Volume 2I, Number 2, November I, I997 802ltlJI 

### The 

# ,.,.. 197), licirJ

1tion lOry Iby it 

### iD able Thus lhe agency solicits additionalcomments. In addition, 

### considerable uncertainty about how lhe U.S. EPA intends to**~,apt>rmtch,es** 

### thatuse Plant-wide Applicability Limits (PAL) or

caps in federal permitting rules. ·IDEM should clarify theproceduresfor 

### rev1sing permit 

### for rescinding permits that are no longer necessary. ,,_,••••·1rh• issue will beconsidered as funher discussions take this 

### rulemaking. IDEM should ensure that revisions to minor NSR with 

### EPA's proposed revisions to the Tille V program. The agency agrees that changes to the state permitting rm• "''""'" be consistent with developments at the federal level. 

### notice requests the submission ofCOOU'l).ents 

### on the draft rule**!~~Z~in~cluding** sUggestions for specific revisions to language to in 

### the draftrule. 

### Mailed comments should be 

### addressed to: 

### 197-I(APCB)(NSR Amendments)

· JanetMcCabe; Chief 

# ,,.11!>1\lfPrograms·:aranch Office ofAir Management Indiana Department ofEnvironmental Management 

### P.O. Box 6015**~** 

### Indianapolis. Indiana 46206.0015.**~d** delivered commentS will be accepted by the receptionist on *"'atthe tenth floorreception desk, Office ofAir Management, 100 

### -Senate Avenue, Indianapolis, Indiana. 

### 11'.11\;fF.NT PERIOD DEADLINE 

# IC 13-14-9 Notices

mHtffial wa&**~** eFFBf!laseQ, llfl4. isfi9ot a IRajeF**~**



### ........**-~~~** 

### ...**~~H-+. ~**  If tli&**~** &F replaCiBHI:BRt fiB&CiFi9sQ 

### m, &'1:19!ilizrisiaR 

### fl-1**~a&** a FBSBR&S:W.StiBR**~**

# 86Sii&it" &f QH& RH8 9F is a, i;BIApiBtB FBplii8RIBAl**&faR~** a* f!BIW.liBA**~~** Gf. 6&fttf&l.**~** .QAQ. -it fiFBEiYBB&**a~** l9

### efiMi fer Yl& AM¥ Bf{YipHlBFil**~ ~**  f:h& EfY:iRliliBS IOBA&.aineQ 

### m,**~ ~** **~ ~**  &F**~** iA(; ';1 1 1

### El:i)fl), eto 

### is 

### a\her · iss**~** 

### 9¥-**~** lAG ';1 1 lte)(!) 1**~** H appli;atiaa fer & 

### fi'&RBH: M ngistfaloieR HMI&I 9e SY9Aiit;{Biii l9 tfi& iBIRfRi&SiBRBF fi9**~maR~~ saiealilar~aft&F** iftitiatiftg Qw BRIBFgeasy Hf*Mr&F FBfJI&ilfRBRic (Air Pol/JJtion Control Board: 326 lAC 1-2-42:filed Mar 10, 1988, I:20p.m.: 11 lR 2373:filed 

### lullS, 1993, 

### S:OOp.m.: 16 lR 2825) SECTION 2. 326 lAC 2-1.1 IS ADDED TO READ AS FOLLOWS: Rule 1.1 General Provisions 326 lAC 2-1.1·1 Defmitions Authority: IC 13·14-8; IC 13-17·3-4; IC 13-17·3·11 Affected: IC 13-15; IC 13-17 Sec. 1. Forthe purposesofthis article. the defmition given for a term in thhrule shall control in any conflict between 326IAC 1·2 and thh article. Inaddition to the defmitiom provided in IC 

### 13-11-2 and 326 lAC 1-2, the following defmitions apply throughout this ruleunlessexpresslystated otherwiseorunlessthecontextclearly implies otherwise: 

### IE'**"''t!'~CcJ,mineilts** mustbepostmarked orhand delivered by December l, 

# ., (1) "Authorizedindividual"meansanindividualresponsiblefor the overaU operation of one (1) or more manufacturing, production, oroperatingplants ora duly authorizedrepresen.. tative ofsuchperson. For any publicagency, it meanseither a ranking elected official or the chief executive officer or a designated representative ofsuchpersonhaving responsibility for the overall operations ofa principal geographicunit ofthe agency. 

### ugb rule 

### EM 

## nod hod 

### \l's :ind 

### has iew uy· 

# '"' OUI lbe 01 ....:Additional informationregardingthis actionmay beobtained from**~er**

### Letterman, RulesDevelopmemSection. Office ofAirManage· 110111, (317) 232-8342 

### or (800) 451**~27,** 

### ext. 2-8342 (in 

### Indiana). 

## DRAFT RULE " SECTION I. 326 lAC 1-2-42 IS AMENDED TO READ AS FOLLOWS:**~lAC** 

### 1-2-42 "Modification 11 

### defmition C Aulhority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3·11 " Alreded: IC 13·11 

## i1:Sec. 42.**MModification~** 

### means any physical change or change in 

### .!be method ofoperat_ion ofany existing**~** source or emissions 

### lllit**~** that increases the potential to emit or**~** a+kJ.w.eQ**~** emissions (whichever is more stringent) of any regulated pollu.tant that couldbe emitted fromthe source oremissions unit.**~which** results in emissions of any regulated pollutant not**~usly** emitted. f09F pY:FpBSBS &f**~** lAG**~** 

### tHe fallanriAg 

# .ri**~ "Jiad~Haatia~~** **Qee&~~i&e~Mreplaae~eat&fa** 

# ""S paihltiBR**~ ~** M alfpBlll:l-tiBR 69fMfEM Bf(l:llpiRBAl &f 

### Ji Ci8Hlf19RBRI6**~if~** 

### HpiMF &f U(d&BBHIBAt4& Hia4&;.**~ ~ift~l9HQiFRffie~JIFBSB61ic** **M~** Bf(YipHIBRt 

# • f' (! le. ReHRai apnatiaa ailef. H upH1T malFY:astiaa1**~esA.aaieal** 

### failuHt

...**~** fJFBGiiSS; &F69fKF9I i!ltY:ifUR8Rli af\4**~ ~**  tit a fJBtBRlial l9 

### &RtK fef ea&a regwlatefii pallwt.a.Rt**~** i&**~** Nft**&f.~ ~** **~** fJ8lBRtial18 8fRH ef**~ ~**  (2) "Emissionsunit" means anypartor activity ofa stationary sourcethat emits orhas the potential to emit anyregulated air pollutant under the Cll!llll Air Act (CAA). (3) "General permit11 means a permit that 

### is applicable to a class orcategory ofsources ormodifications thereto, whether ornotunder commonownership orcontrol, thatareSubjectto similar applicable requirements. (4) "Operation" means multiple pieces of like equipment, multiplelikeprocesses,multiplelikeplants, ora,nycombination of the three (3) that performs similar functions or when operated together produces similar products. (5) "Potential to emit" means the maximum capacity of a stationary source or emissions unit to emit any air pollutant under its physical and operational design. Any physical or operationallimitation onthecapacity ofa sourceto emitanair poUutant, including air pollution control equipment and restrictionsonhoursofoperationortypeoramountofmaterial combusted, stored, or processed shall be treated 

### aspartofits design 

### if the limitation is enforceable by the appropriate air pollution control agency. Potential to emit does not alter or affectthe useofpotential to emit for any otherpurposeunder the CAA, (or the term 11capacity factor 11 as used 

### inTitle IV of the CAA) (or the regulations promulgated thereunder). (6) "Process11 means any combination of equipment that 

### is


### Indiana Register, Volume 21, Number 

### 2, November I, 1997 

### 803

### ~~~!!!. 

# IC l:b14-9 Notices physicallyconnectedandoperatedinsequencewhich,whenthe process is operated. could operate independently to generate energy, refine or produce materials or parts, or produce a fmisbed product. (7) ''Source''meansanybuilding,structure, facility, orinstana

.. 

### tion that emits ormay emit any regulated air pollutant or any poUutant listed under Section 112(b) oftbe CAA. 

### (Air Pollution Control Boord; 326 lAC 2-I.I-I) 326 lAC 2-1.1-2 Applicability Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-J-11 AITocted: IC 13-15; 1C 13-17 Sec. 2. (a) The provisions of this rule apply to the issuance of a registration, permit, or an approval ofa modification required 

### under this 

### article and the sources or emissions unit or units requiredto obtaina registration, permit, ormodificationapproval under this rule, except where otherwise noted. (b) 

### The commissioner shall reserve the authority to require sources or emissions unit or units (excluding**single~resident** dwellings) that have the potential to emit any air pollutant to complete a permit application. Ifafterr,eview ofa permitapplica

.. lion,thecommissionerdeterminesthatthesourceoremissionsunit or units is subject to the registration, permit or modification provisions under this article and is required to receive such registration, permit. or permit revision, the commissioner shall reserve the authority torequire sources oremissiomunitorunits to obtain a construction or operating permit or permit revision prior to constructing, operating, or modifying the source or emissions unit. (c) The requirement for a permit or permit revision shall be based on the cumulative total of all registrations, permits, and modifications for a source. Any exemption shall apply only to an individual construction project or modification and shall not exempt the entire source from permitting requirements if the changewould increasethepotential to emit ofthe sourceto a level greater ilian specified in this article. (d) 

### Any exemption granted under this rule shall apply only to· the requireinelit to have prior approval before construction, operation, or modification of a source or emissions unit. An exemptionunderthisruledoesnotexempta**sourc~** fromanyother requirementsapplicabletothesourceunderthistitle. (AirPollution 

### Control Board; 326lAC2-I.I-2) 3261AC 2-1.1-3 Federal provisions Aulbority: IC 13-14-8; IC 13-15-l; IC 13·17-34; IC 13·17·3-11 AITocted: IC 13-15; IC 13·17 

### Sec.

### J. (a) Nothing inthis articleshallallowforthe**circumven~** tion or violation ofany federal law or regulation or the requirementsunder326IAC2-2, 3261AC2-3, 3261AC2-7, 3261AC2-8 or 326 lAC 2-9. 1u tbe case of a conflict between Ibis rule and a provisionoffederalJaw orregulation, the more stringentrequirement shaD apply. (b) Any personproposingthe construction ormodification ofa major stationary Prevention of Significant Deterioration (PSD) source ormajor PSD modification asdermed under3261AC2-2, thatis orwillbelocated in

### 8.nattainment areaorunclassifiedarea under326IAC1-4, sbaUcomplywitbtberequirementsof326IAC 2

..2 In addition to the applicable requirements of this rule; (c) Any personproposingthe construction ormodification

## or major sourceoremissionsunitasdefmedunder3261AC2-3 ,..

### ~ will: ,..,.... (1) significantly

### impactuponthe 

### airquality of

### a nonattainmem area; or · (2) belocatedina nonattainment areaunder326lAC1-4, sb.oQ complywith the requirements of326lAC2-3 in additionto

### the applicable requirements ofthis rule. 

### (Air Pollution Control Board; 3261AC2-I.I-3) 326 lAC 2-1.1-4 Air quality requirements Authority: IC 13-14-8; 1C 13·15-l; 1C 13-17-34; IC 13-17-3-11 Alfocted:; IC 1J.I5; IC 13-17 

### Sec. 4. (a) TJlecommissionersballnot issuea permit, registra. tion, or modification approval under this 

### rule if any of 

### the foUowing apply: (1) The terms and conditions of the permit or modification approval would allow a source to cause or contribute 10 1 violation of tbe National Ambient Air QuaHty Standards (NAAQS). (2) The terms and conditions of the permit or modification approvalwould allow a violation ofa Prevention ofSignificant Deterioration· (PSD) maximum allowable increase. (3) The tenns and conditions of the permit or modification approval do not assure compliance with all applicable air

· pollution control rules, except as provided by an enforceable

compliance schedule. (4) The terms and conditions of the permit or modification approval are not protective ofthe public health. (b) Thecommissionershallreservetheauthorityto requireany source to perform an air quality analysis to demonstrate compliancewitb tbe NationalAmbientAir Quality Standards (NAAQS). 

### (Air Pollution Control Board; 326 lAC 2-I.I-4) 326 lAC 2-1.1-5 Interim permits Authority: IC 13-14-8; IC 13-15-2; 1C 13·17-34; IC 13-17-J.11 Alfocted: IC 13-15; 1C 13-17 Sec. 

### 5. (a) This section applies to any person who operates an existing source under valid operating permits issued by the commissioner and who proposes to construct or modify 

### an emissions unit or control device that meets the criteria for a registration under326IAC2-t.2

..2 ora constructionpermitunde.r 326 lAC 2-1.2-3 at Ibis same location, excludingtbe foUowing; (1) Construction ofa majorPSD source ormajor PSD modifi-- cation as dermed in 326 lAC 2-2. (2) Construction or modification in nonattainment areas that would emit those pollutants for which the nonattainmenl designation is based. (3) Auy modification tbat: (A) 

### ts subjectto 326lAC**2-1.2~;** or (B) emits orhas the potential to emit, inthe aggregate, teD (10) tons peryearofanybazardous airpoUutantortwenty· live (25) toM peryear ofany combination ofhazardous

### air poUutants listed pursuant to section 112(b) oftbe CAA. (b) Atthe time a permitrevisionapplication issubmitted, oral any time thereafter, any person meeting the requirements

### o~.. subsection (a) may separately petition the commissioner for an,, interim approval that would allow construction ofthe proposed 

### Indiana Regisrer. Volume 21, Number 2, 

### November 1, 1997 804 

# t ' l f 

# f '

# ATTACHMENT 

# D

# IIuU;;l7**-"''~'di<UIIIIIo".~~.-'""'·** Governmemal Un011 To INDIANAPCL'S i1EWSPAP:'RSrH1C• 

### 307 tl•**?~:~r~SYLVANIA** 

### ST.

-**~.o. INDIA~lAPJL!Sr**  

### IN 46206-0145 [ BOX 

### 14**.cMllA=R~I~U~'ut-lc_**_____________ County. Indiana LEGAL NOTICE OF • PUBLIC HEARING , 

# I I State lmplement;stion Plan. 

### PUBLISHERS CLAIM (SIP) Submittal, 326 lAC 2, 1E COUNT Permit Review Rules ,

Notice Is tlereby giVen under, Display Matter· (Must not exceed two actual lines. neither ofwhich 1 1.CFR 5t.]G2 that the Indiana**s~aU** total more than four solid lines**a~·** the type in which the body •**Pollut1~n** Control**8oa~d** oJ the advenlsemem is set! Number ol equivalent lines 10oardl Will hold a public · Head- Number oflines Body· Number of lines hearing at its regularly sched- uled meeting on Wednesday, February 4, 1998. The purpose of this**hearin~** is to receive public comment on amend- ments to existing rules and the addition of new rules at 326 lAC 4 Permit Review Rules, ttlat i are proposed to be Preliminary· Tall

_ Number of lines adopted bY. lhe board. The meeting Will convene at 1:00 Total number oflines In notice p.m. in the Conference Center, Room A, at the Indiana Gav· ernment Center South, 4G2 West WashinQton Street, lndlanapo-**~i~n~"~~!n~n.j~~~nt!~~st~~IIP1[~**JMPUTATION OF CHARGES 

# : : c----

----+-il $

$

given reasonable opportunity to e:tpress their views concern-**in~** the draft rules. ::_ ·:27. ,-; lines

___ columns wide equals

___ equivalent 

### • _______.Xl b. The rulemak1na thai is the subiect of _fhis hearing con- cerns changes to the state con- struction permit and registra- I!On requirements ·for minor

### ~fou~sc~**~d 0** f h:1

### ~a**~r~~~~~~~ r~~** **~~** permit programs under In· diana rules. The purpose of the rulemaking is to streamline lt!e permifling process for sources that are required to apply for constructior1 or operating permits and to provide more efficient integration between lines al

... -:: lr;) cents per l!ne Additional char_ge for notices containing rule and figure work (50 per cem of above amount)**Char.~e** for extra proofs ofpublication ($1.00 for each proof in excess oftwo)
TOTAL AMOUNT OF ClAIM 

# u;tJ-E,-..t

# H>- D.E.M. $**~~~~ft~~quuci~ieo~e~~s~ cy'he:a:~rtATA**  FOR COMPUTING COST making will affect the current slate permillil"o!J requirements under 326 lAC 2-1 and the OP· eraling permit programs under 326 lAC 2-7 (Part 70) and 326 1 lAC 2·8 (FESOP). The proposed · rules would completely re-**~lru_cture** the requirements ot**~6** lAC 2·1 with the addition of new rules and would revise the perm1t revision requirements ! under the Part 70 and FESOP ; programs.' Ttle rulemaking will '"lot significantly !Iller the

'ior 11reconstruction permit ·grams under**32~** lAC 2·2 and lAC 2·3.

. Copies of ftle above rules are available to 11ny person upon request and are available for Width ofsingle column**~** ems Size of rype 

### ......3.......: point
Number ofinsen:ions**~0** 1 • _______

### 3:1 b

Persuam to rhe proui.sions andpenalties of Chapter 155.Acts of1953. I hereby certil}r that the IOregoing account isjust and correct. that the amount claimed is legally due. afteE}i•.Jlowtng alljust credits. and Lhat no pan ofthe same has been paid.

. 

# *lHOqOJ**M~ rnugb~~~~ris:netion**  at the follow- Date**Q~C"=I' BfR**  "J..;._ Indiana Department ot En-**------'-"'-"-'-ill'-"-'"-~'-"~** ClERK vironmenlal Management, 01· flee of Air Management, In· diana. Government Center- North, 100 -North Senate Ave-**r~ue,** lOth lloor·Easl wing, .In· dianapo/is, Indiana.

Legislative serv1ces Agency, Indiana Government Center- South, Room EOlT, 302 w washington sfl'eet,**l"ctl~naJ*** lis, Indiana.

lndlanllpoli"s·Marlon Coun.f.Y Public Library, 40. East ::.r.**J/:~ra.** Street, Indianapolis, In·

Hammond Public Library. 564- St!!te Street, Hammond, Indiana.

Allen County Public Library, 900 Webster Street, Fort Wyane, Indiana.

Evansville VanderburQh County Public Library, 12

, South East Street,**Evans~ille,**

Indiana.

Jeffersonville Township Public Library, 211 East court Avenue, JeHersonv1!1e, In· diana.

Oral stalerrrenh will be heard, but for"the accuracy of the record, statements should be submitted in wrlling. Writ- I ten statements may be submit- ted to the attendant deSIQnated to rece1ve written CD[Tlments at**lh~ P~~~~hrT~~i~~-**  the**hearin~** and all written submissions to !tie board at the public hearing shall be open to public inspec· lion at the Indiana Department of Environmental Management ""rl copies may be made avail· to any person upon pay-

of reproduction costs. person tleard or repre- "'"nled at the tlearing or re- questing notice shall be gl'ien written notice ol the action of ttle board. •

For additional information contact Rooer LeHerman, at the Indiana Department of Environmental Management, Otfke of Air Management, Room lOOT, Indiana Govern- ment Center Norttl, 100 Norttl Senate Avenue,**lndiar~apolis** or**~~ll (3~71-** **m:~~2_or..f800)** 451- 80517

FELICIA R. GEORGE Assistant Commissioner Ottrce of A1r Management Individuals requiring rea- sonable accommodations tor participation in !his event should contact the Indiana De- partment of Environmental Management, Amer1cans w1th Disabilities Act coordinator at: Attn: Carolyn Moorman, ADA**Coordir~ator,** Indiana Deparl· men! of Environmental Man· agemenl, 100 N. Sena1e Ave· nue, P.O. Box 6-015, lndianapo· 

## :**~l3-~~44%1~~ 01** 

### 13r~,**c~j12~m** I (TT). Please provide a minr· 1 mum of 72 tlours notification

.. · 1 (S-12-23-6-412041

0 orm65-REV I·BB
STATE**PRESC~IBcD** FORMULA PUBLISHER'S AFFIDAVIT State of Indiana MARION County SS; Personally appeared before me. a notary public in and for said counry and state. the Tit**undersi~ned :-;::--"A"N•N~~~T~T~F:-~P'--lT"='-"'R"S~OurNL** _____ who. beingduly swom. says that__s_ he is !:: • ofthe INDIMt-JAPOLIS \i:-1-!SPAPERS r 1NC. a D A I LY 

### STAR oewspaper of general circulation primed and published in the English language ln the clty 1 town 1 or_________**__.._I,_,N_..,D'-'I"'A"~"-1**Ao.LP;.O"-L__.I_

In state and county aforesaid. and that the printed mauer attached hereto is a true copy. wh was duly published m said paperfor --'- time

__ . the dates ofpublication being as folio·**QECEr~BER** 1997

Subscribed and swam to before me this

### ..2..:±Il:i day of**-------'D-'--'FaC...;;~"~"IoB"F'-"R~-** . 19

### .2.:

My commission expires



### 7.33 P:CA COLUMN = 

### 94 POINTS PUBLISHED PUBLISHED PUBLISHED ONE TIME TWO Tii1ES**TH~EE** THIES 

### • 22: .34: 

### ·45"

- 1=\"7. 

### 94 PCirHS 

### I 5.7 PT. 

### iYPE = l6o49 l6o4S EMS 

### I 250 

### = .06596 SQUARES .c6596 SQUAReS X 

### c3.46 

### = ·228 CENTS 

### PER LINE PIIRI T"I·U=n l=n!IR**Tnu:·~**Form Prescribed by State Board ofAccounts Genera! Fcrm 

### t-:o. 99P (Revised 1987) IND DEPT OF ENVIRONMENTAL MGMNT To: 

### The Journal-Gazette [Governmental Unit) --'A-'-L=-L=-E=-Nc._

______County, Indiana

LINE COUNT 

### P.O. Box 100 

### Fort Wayne, IN

PUBLISHER'S CLAIM

Disolav**~:fatter** (Must not exceed two actual lines. neither ofwhich shall total Legal Notice of**Publ~c** Hearing ur solid lines oftype in wh1ch the body ofthe advertisement is set)

State Implementation Plan · 1 1· 3261AC 2, Perm1t Rev•ew Rules eqmva ent mes**Neue~<** 1S hereby g1ven umJer 40 CFR 51 102 that the ber of lines Indiana A•r Pollution Cor>trol Board ((board) w•ll hold a public hearmg at 1ts regularly scheduled meet- mg on Wednesday. February 4, 1998. The purpose of th1s heanng 1s to rece1ve public comment on ber oflines amendments to ex1st1ng rules and the add1t1on of new mles at 326 lAC 2, Perm1t Rev•ew Rules, that arii proposed to be prel1mmary adopted by the er of lines board

..The meetmg Will convene at 1:00 p.m. In the Cooference Center. Room A, at the lnd1ana Government Center South, 402 West Washington Street In- .•r of lt'nes 1 ·n nott'ce d1anapolis, Indiana. All mlerested persons are**1n~1ted** and Will be g1ven reasonable opportunity to express the1r'V1ews concernmg lhe draft rules. Thii.rulemakmg that is the subject of this hearmg )N OF CHARGES concerns changes to the state construction permit and ·registration reqUirements for minor sources of a1r pollutant emiSSions and the vanous operatmg per- 1 · 1 o 9 1 1 m1

t orograms under lnd1 ana rules. The purpose of tes, columns Wide equals equiva ent ines the rulemakmg 1s to streamlme the perm•ttmg pro- cen'tS per line cess fer sources that are requ1red to apply for con- struc\lon or operatmg [Jerm1ts and to prov1de more eff•c•ent Integration between the constructiOrJ and h f · · 1 b 1 k**o~rat ng**  permlr reou 1 rements The rulemaklng will : _ar[:ie or nottces contmmng ru e or ta u ar wor affect the current state perm1ttmg requirements tm- ot above amount) der 326 lAC 2-1 and the operating perm1t programs under 326 lAC 2-7 (Part 70) and 326 lAC 2-8 (FESOP). The proposed rules would comflelely re- xtra proofs ofpublication ($1.00 for each proofin excess oftwo) structure the requirements ot 326 lAC 2- With the addition of new rules and would. rev1se the permit re- VIsion requirements under the Part 70 and .FESOP OUNT OF CLAIM pragrahls. The rulemakmg Will not significantly alter the maJor preconstruct1oo permit programs under 326 fAC·2·2 and 326 lAC 2-3. Cop110s'of the above rules are available to any person uo611- request and are available for public 1nspect10n at f11ilollowmg locations;

<3 Department of Environmental Management. • of A•r Management, Indiana Governmen.t Cen- .-rlorth. 100 North Senate Ave., lOth floor-East**Wm~, _ln~anapolls.**  lndtana. Indiana Government MPUTING COST**~le column~**  ems 1sertions ----'--- _G

__point**Le!i1sl~tTVe** SerVICes Agency, Center-South. Room EOll, Street. lndtanapolls, Indiana. 302 W. Washmgton :he provisions and penalties of Chapter 155, Acts 1953, lnd1an·apol1s·Marion County Public Library, 40 East SI..C!alr Street, lnd•anapolts. Indiana. ify that the foregoiry.g account is just and correct, that the amount gaily due, after allowing all just credits, and that no part of the $**-~3:;_9**,_,. 

### a,a'-----

$ ).9. 68

Hammond Publ•c Library, 564 State Street, Hammond, lnd1and n paid. \**~** : 

# s ·. . I

. . . i ·\ ,\,, :\, 

# ,,\=;J, Allen CountY Public Library, 900 Webster Street, Fort '{'Jayne, Indiana. EvanS111IIe Vanderburgh County Public Library, 22**So~tfi,East** Street, Evansvtlle, Indiana. Jeffersorv1lle TownshiP PubliC Ltbrary, 211 East Court Av< nue. Je[Jersonv1lle. Indiana. Oral ,Statements w•ll be heard, but for the accuracy of ti.Je- record. statements should be submitted m wrttlng. Wntten statements may bE submitted to the attendant des·gnated to recetve wntlen comments at**the·[lOJ~IK** hea1mg. A transcn .1 or the hHrmg and all written submisSions to the Board a· 1he public hearmg sball be open. to public**msp~** LIOn at the ofltces named above '"and coptes mav oe made ava!lable to any per- son upon payment Cit reproduction costs. Any per- son"' he·ard or represenled at the heanng or request- if!E rwt1ce shall**b~:** g1ven wntten notice of the acllon of fhe board. For add•l10nal mformal1or. contact Roger Letterman, at the" lnd1ana Department of Enwonmental Man·**ag~rne~t.** Office of A1r Management Room 1001, In· diana Government Center North. 100 North Ser>ate**A.v~ue,** lndlanapolts or call (317) 232-8342 or (8001 IJ-51-6027**e~t.** 2-8342 (m Indiana). Felicia R. George, ASSIStant CommiSSIOfler Otf1ce of A•r Management 1\Ju<ils requ1nng 1easonable accommodations. for tpatlon 1n thiS event should contact the Indiana .tt:nent ol Env1ronmer>tal Management, Amert-**~,;:;'Wtth** D•sab1hlles Act coordtnator a!. ·.Attn: Carolvn Moorman, ADA Cc;ordmator ln'!iarta Departnlent of Enwonmental Management

. ·, · 100 N. Senate Avenue ' PO. Box 6015 lndranaPQIIS, IN 46206-6015 or .calf(317( 233-0544 (VL (317) 2.32-6565 (TT), P\ease·provrae a m1mmum ol 72 hours' notrflca\1011. 12--26 #670972 Title: Clerk DEC 26 19 97 --"-'--''-"---· ___,0-'..-_



### ':::

--

### ~



## ,,

. 

# .

'· l ,.**·~** PUBLISHER'S AFFIDAVIT State ofIndiana ) ) ss: Allen County ) Personally appeared before me, a notary public in and for said county and state, the undersigned JULIE L SMITH who, being duly sworn, says that he/ she is Clerk of the The Journal-Gazette newspaper of general circulation printed and published in the English language in the (city) (town) of**_F_o_r_t_W_a~yn_e~,_I_N** __in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper fo-r time

____ _ , the dates ofpublication beingas follows:

Subscnbed and sworn to before

My commission expires: MYC0\1MJSST\'..J EXP lTJ:..JE 14.2001 Dr.

### (. Legal Notice of Public H11rlng stat•**'ID~~·w~~~~~~** Ptan 328 

## Jc ;1, Pennlt Review RUlli Notice is hereby g'rven under 

## /!?r**C~~~~~1~~~2 ~g~~~~~~n~~eanr~** 

"l:loard) will hold a public hear·**1e;~g 11** **~n We~~~~d:t~~~~**  th%**~B~~~~~ fs** **Toh~a'~~~~o~~bi::!** comment on amendments to e:.:lsting 1'111&S and the addition of new rules at 326 lAC 2, Pennlt Rtviaw Rule•, that are**~d~P~!~db to~~:** **~~:~i,jlnTah~ mee~ng** **wi~** coovene at 1-00**~-~o~" ~~~~~~,c~~!aTn~~:~~~3~!~**  Form

## Pre~1**a~""fd of~''** 

# ~J,**~Cdi~~i,** ·(Govermn UDitJ 

### I

### ----------~~--c~w.m~ General Form No. 99P (Rev1Bed !996) To: Northwest Indtepa 

### Neyqma.para 60l-46th Avenue. MUDBter. IN 46321 

### PUBLISHER'S CLAIM LINE COUNT

Illspley Matter (Must not exceed two o.ctu&l llnes, neither of which aha.ll tota.l more that four aolld llnea oftype 1n which the body of the &dvert!aement 1B sot) ·· number of equJva.lant llnea He&d ·· number of llnes Body
- number of llnea Tall
- number of llnea Total number of llnea 1n notice 

## JAN 14 !998 ernmenl Center South, 402 West Washington Street, India- napolis, ln.diana_. All interested persons are 1nv•led and will be given reasoi!Bbl_e opportunity_ to

# I**eJCpre~s** t11e1r VJBWS concemrng**theT1J:ftru~~Bklng** 

### that Is the**------------------------------'"'""'-"U.C.0U'"'"·,~:--::-:c------------------ ~~~he9~9of1~hi~~e:r~rJ** **~g~~; CO'~"T!ON**  OF CHARGF8 oept. of Environment<,.**r.·.~mr.** lion permit and registration re- Jli.LI"u.u:r.. Office of Air M.:anaKumwnt quirements for minor sources of air pol/ulan! emissions and the**~~J~~s un1e~r~~~nf~(;:~.** **~h~-** purpose of the rulemaking Is to streamline the permitting pro- ce!B for sources that are re- quired to apply for construction of operating pe"1lils e_nd to pfO- vlde more etflcJent JntegretJon between the construction and**r~:ra~i~m~~~~it ~flq~l~~en~~** **~e~~~t us~~~~** **~~rr'~?J ;~~u:~**  the operating permit**~ograms** Linder 326 lAC 2-7 art 70) and 326 lAC 2-8 (FES P). The**~rofe~~~dct~W:s t~eou}~q~r~~~=~~**  of 326 lAC 2-1 with the eddl- lion of new rules and would revise the permit reviskJn re- quirements under the Per1 70 and FESOP programs. The rulamaking will not significaniJy alter the major praconstruction**~'r.rngr~~ear:c u~?;_r**  326 lAC Copies of the above rulea are available to any parson upon request end are available

. for public Inspection at the fol**lo~Jla1~;a~~~~rtment** of Envj.. 11entar Management. O!Tk:e**~~m~~r~eanTe~n~oJri~ i~8**  ,o1h Senate Avenue, 10th Floor-East Wing, Indianapolis, Indiana.

Legislative Services Agency. Indiana Government Center- South, Room E011, 302 W. Washington Slraet, Indianapolis, Indiana.

Indianapolis-Marion County Public Library, 40 East St. Clair**streatH~~~~~~ol~u6~~it~~r;.ry,** 564 Slate Street. Hammond, Indiana.

Allen County Public Library. goo Webster Street, Fort Wayne, Indiana

Evansville Vandarburgh Coun-**~~!~f11L~~~~~~~.2fn;i~~~~** east Jetrersonville TownshiP Public Ubtery, 211 East Court Avenue, JeffersonvJI!e, Indiana

Oral statements will be heard,**~a~!3.r st~~arri~~~a~A'o~l~** **~!** submitted in wrUing. Written statements may ba eubmili&O to the attendant designated to receiva wrilien comments at the public hearin!!. A tl"llnScrJpl of the hearing ana all written submissions to lhe**~ard** at tha public hearing shell be open to public Inspec- tion at the Indiana Department of EnvlronmerJial Management and copies may be made aYaH- able to any parson upon pay- ment of reproduction costs. Any**fhe~~~ag~;~r ~~~~~~~;n~~IJ~**  shall be g1van wntten notice of lhe action of the board.

For additional Information, contact Roger Lettermen. at the Indiana Department ol Environ- mantel Management, Office· of**li:~~~a~a~e "!~~~m~~otm** **c!~~!·r** North 100 North Senate !We- nue, 'indianapolis or call f311J :232-6"342 or (800) 451-!102**e~.** 2-8342 (in Indiana) Felicia R. GBO!"QB Anistant Commissioner om,.,g of Air Management**·a~~;ijci~~rinPorra~:~rc~~~e** nla evant should contact ,,diane Department or En**A~~~~an~i~h Mofs~b~~3e~** **11 A~'**  coordinator at· ] Attn: Carolyn Moorman, ADA CCoordinator

Indiana Department ol Environ- mental Management 100 North Senate Avenua •.lndianaoolis. IN 46206-6015

# ~~llnea_j_ 

### columna 

### Wide equals 

# .L£. 7.quJveJent llnes at 

# 'J.L /cfmts per l!ne AddltloneJ ch&rge for notices cotltaJDing rule or 

### tabular work (60 percent of above a.mount) ChArge for extra proofs of publication ($1.00 for each proof 1n exceBB of two)

TOTAL AMOUNT OF CLAIM
DATA FOR COMPUTING COST Width of sin.gle 'column**~** ems Number of InSert!ana......}_ Slze of typell_po!nt

Pursuant 

### to the prov1810nS a.nd pene.ltlsa of Chaptsr 166, Acta 1963, I hereby certify that the foregoing e.ccount 1B just a.nd 

### correct, that the amount clBJm 

### $



### $

aftsr

# a.llow!nr just credits, a.nd that no part of the aa.me has been p d.
Date:

# ~. 19 

# C(Y Title.__:

### ""'-'-'=;:.:;;:,:'-'-l.:...lJI."""'-'W::....t....!..:...:::.:......:.**~Attach** 

### Oqpy of Advertisement Her.3



# '· "r.o·,



# ..... State of 

### mdlana

______**_Jt.te~k~•L.--01/KrUI>W** 

### PUBLISHER'S AFFIDAVIT ) ) es: ) Peraona.lly**~ILI'ed** !fre**n:~otpY** public 1n a.nd for aa.!d 

### councy**~** 

### state, the

## understgned:r,m'C/Il_~ho, being duly 

### sworn, sa,ya that -=-he 1B LegaJ Clerk 

### the Timee newspaper of general circulation printed andpubllahed 1n the Eng)lsh la.ngua.ga 1n the (clt;y) (town) of Mup.star In th.e state <md county atoraaeJd, 

### a.nd that tbe printed matter attached hereto 1B a true 

## .iopy, which w&a duly publlahed 1n a&ld paper

### for~ time---, the dB.taa of publication be

Publla

# Fcx-?-.~
--- My comm1BB1on !rea:Legal Notice at Public Heanng State**lmple-.•m.~uon** Plan iSIP) submittal 326 lAC 2, Pennit Review Rules Notice is hereby g1ven under 40 CFR 51.102 that lhf Indiana Air Pollution Control Board {l:oarO) will hold apublic heanng at its regularly scheduled

- ··'VI on Wednesday, February 4, '·'.'( he puf])Ose of this heanng isto public comment on amend-

.....s tcJ existing rules and the addi- tilTl or new rules at 326 lAC 2. Perm1t Review Rules. that areproposed to be preliminary adopted by lhe**boar~.** The meeUng will convene at 1:00 pm. 111 the Gonlerence Cenrer, Room A. atthe Indiana Government Center Souill, 402 West Washmgton Street, Indianapolis, Indiana. All. intarested persons are inv1ted and Will be given reasOnable opportunity lo express theirviews concerning the draftrules. The rulemaking that is tne subject ol this hearing concerns changes to the state construction permit and regis- tration requirements for minor Sllurces of air pollutant emissions and the various operating permit we- grams under Indiana rules. The pur- pose of the rulemaklng is liJ streamline \he perm1ttfng process far sources that are required to apply for coostruction or operaUng permits and to provide more efficient integration between the construction and operating permit requirements. The rule- making will aHect the current state permitting requirements under 326 lAC 2-1 and the operating pemut programs under 326 lAC 2-7 (Part 70) and 325 lAG 2-B (FESOP). The pro- posed rules would completely restructure the requirements under the Part 70 and FESOP programs. The rulemaking will ncit srgniiicanlly alter the major preconstruct1on permit programs under 326\AC 2-2 and 326 lAG 2-3. Copies of the above rules are available to any person upon request and are available lor public inspectiOil at the following locations: Indiana Deparunent of Environmental Management, OHice of Air Management, Indiana Government Center-North, 100 North

.Senate Avenue. 1oth floor-East wing, lnCianapolis, lndi_ana. ' "QislaHvo Serv1ces Agency, Indiana**~rnment** Center-South, Room 1. 302 W. Washington Street. _,anapolis, Indiana. Indianapolis-Marion county Public**U~rary,** 40 East St Clair Street, Indianapolis, Indiana. Hammond Public Library. 564 State Street, HammOild, Indiana. Allen County Public Library, 900 Webster Street. Fort Wayne. Indiana. Evansville Vanderllurgh Count)' Public Library. 22 south East Street. EvansVIlle, Indiana. Jeffersonville Township Public Library, 211 East CourtAvenue, JeffersoslVIIIe, Indiana. Oral statements will be heard, but for the accuracy of the record, state- menU; should be submitted in writing. Written statements may bo submitted to the attendant designated to receive written commenl3 at \he pul:llic hearing A transcript or tha hearing and all written submissions to the board at the publlc hearing shall be open to public inspecUon at the Indiana Department of Environmental Management and copies may be made available Ia any perron upon payment ot reprOOucUon costs. Any person heard or represented at the hearing or requesting**no~ce** sh_all be given wr1tlen notice of the actiOn of lhe board.



### I For additional inlormaNon contact Roger Letterman, at the Indiana Department of Environmental Management, Office of Air Management. Room 1001, Indiana filvernment Center North, 100 North senats Menue, lildianapolis or call (317)**232-83~2** or. (800) 451-6027 e.rt. 2-8342 (in Indiana). Fellcia R. George Assistant commissioner 9ffice or Air Managemeut Individuals I requiring reasonable**accommocla~ons** for participaUon in this event should contact the Indiana Department of Environmental '1anagement Americans with sabilities Act coordinator at .111-Caoiyn M.:mTm,NJA**~** rndiana Department of Environrnant!l Management 100 N_ senate Avenue P. D. Box 6015 Indianapolis. IN 46206-6015 or call (3171 233-0544 (V), (317) 232- 6565 

### rrn. Please prov1de am1nimum of12 hour:; no!JiicaUon. (Courier Dec_ 30. 19971 Form Prescribed by State Board**'ft'F.P~**

# T.i'T\**9t:;:?~ f~nn**  No. 99P (Revised 1987) IN DEPT OF

# ENVIRONMENT~:fu'lf V .LJ

### -'-1'o: -"EV.:.:AN=S'-'VIL=L=E'-C"'O"'URIE=:::R,_

_ ____:D"'rc...

----- (GovcrrunentUnit) 

# JAN 6 1998 P. 0. BOX 268. EVANSVILLE IN 47702

V

ANDERBURGH County, Indiana State of Indiana Dept. o1 EnvlronmaptJBMSHER'S CLAlM LINE COUNT Office ot Air ManaQ•msnt Display Matter (Must not exceed two actual lines. neilller ofwhich shall total more than four solid lines oftype in which the body ofthe advenisemenlis sel)

-- Nwnber ofEquivaJent lines Head

-- number oflines Body

-- number oflines Tail-- number oflines
Total number oflines m notice

COMPUTATION OF CHARGES 144 lines. 

### columns wide equals IH a\ 266
Additional chargefor notices containing rule or mbular work (50 percent ofabove amount) Charge for extra proofs ofpublications ($1.00 for each proof In excess oftwo) TOTAL MjOUNTOF CLAIM

DATA FOR COMPUTING COST Width ofsingle column -"'8."-8- ems Nwnber ofinsertions 2 Size oftype 5 112 point

Pursuant to theprmistons andpenalties ofChapter 155, Acts \953, ]8,30

38.30

I hereby cenify that the foregomg account ISjustand correct. that the amount claimed is legally due. after allowing alljustcredits, and that no pan of!.he same has been paid.

Date: .,:D"'E::CE=MB,E:R'-".3,_1

_ • 19 _9e,;7c__ Title: BOOKKEEPER

PUBLISHER'S AFFIDAVIT State oflndiana ) ) ss: V

ANDERBURGH County ) Personally appeared before me. a notary public inand for said county and state, the undersigned Jovce A. Herron who, being duly sworn, says that**~** Is BOOKKEEPER ofthe newspaper ofgeneral circulationprinted and published In the Englishlanguage Inthe (city) (town) countyaforesaid, andthat the printed matter attached hereto Is a true copy, which was dulypublished in saidpaper for time(s), the dates of publication being asfollows: DECEMBER 30. !997

Subscribed and sworn to before me this 31

NOTARY RESIDENT OF PO state and I

### 1 Legals

LegalNotice ol Public: Bearlne:**~orm** Prescribed by**Stat~** Board of Accounts General Form 

### No. ggp (Revised**198~** Indiana Department of Environment Mgmt (Governmental Unit) 

### c County, Indiana 22 I 

### PUBLISH'S CLAIM 

### at**JeE'Ee!'se~.ville,** IH 47130 Slate Implementation Plan (SJP) Submittal 

### _,..#

-**~** 2, Permit

( 'tula ,INE COUN':'

. iis-herebygivenunder40 Display Matter (Must not exceed two L•·r( Jl.l02 that the Indiana Air Pollution Control Board (board) total more than four solid lines actual lines, neither of which shall of type in which the body of the advertisement is ·set)--number of Head--number of lines. equilvent lines...... 

### 133 Body--number of lines

................... ··. Tail--number of lines

.............. . Total**numb~r** of lines in notice

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

### 13 3 will hold a public hearing Bl its regularly &eheduled meeting on Wednesday, February4, 1998.The purpose of !hill hearing i& to receivepubliccorrunent onameod- ' ments to existing rules and the addition ofnew rules at 326 lAC 1, Permit Review**Rule~~,** thal are proposed to be preliminary adopted by the board. The mect.ing will

___**~--------------------------------------------------** convene at 1:00 p.m. ln the**Co~recenceCenter,RoomA,atthe,OMPUTATION** 

### OF CHARGES Indiana Government Cente( South,

- 402**We:~~t** Washington Street, 133lines, _1

__ c,.._,lun:-.s Wide**equals~** equivalent lines lDdianapolis.Indiana.AUinterest- --a-t 255 cents per line

....... ··.························ ed pcnou areinvited and will be , -·-- , , 

### 33.91 given reuonable opportunity to Additional charge for notices containlng rule or tabular work apresstheirviewac:oncerningthe (50 percent of above amount)

.............................. ·----------**~-** h

. .

1beru1em.a.kingthai.istheaub- C arge for extra proofs of publication ( $1.00 for each proof ject of thia bearing c:onceru in excess of two)

..... .**cban~es** to the**~tate _co~on**  TOTAL AMOUNT OF CLAIM •..•.•..••....•• • • · · · . - · · · . · · · • · · • · · · penrut and reg)ltration rtqulremenu for minor wurces of air pollutant emis&ions 11.11d the VBriouaOATA FOR COMPUTING COST**o~ng** permit programa under Width of single column 9 0 ems Indiana rules. The purpose of he

. . -·-- rulemaking iJ. to streamline the Number of Insertions**--~1~-~--,-** pennittingprocess for sources that Size of type • 5 [JOint arerequired to apply fc.- c:onstruc- tioil a- openuing permitl and to provide more efficient integration------------------------------------------------------ between the**coJU~tUction** and Opel"-

- ating permit requirement&. The rulemaking will affect the CWTent atate permitting requirement& Pursuant to the provisions and penalties of Chapter 155, Acts 

### 1953, undet 3261AC 2-l and the operat- · lnipcrmitprogramunderJ26IAC I hereby certify that the foregoing account is just and correct, that the 2·7 (Part 70) and 326 lAC 2-8 mount claimed is legally due, after allo,wing all just credits, and that no part ,.,..,.,,.._P)

.. The**propo~.** rules 1f the same has been paid. 1 mpletely restructute"**~e** ' ;Qtl of 326 lAC 2·1 Wlth

.._ _....ddon of new rules and would revise the permit revision requirement! UDder the Part70and PESOPprognum:. 1llerulema.ldng will not significantly alter the major preconstru.ction permit proIPIJIS under 326 lAC 2-2 and 326 lAC 2-3.

.

Copica of the above rolea are available 10 any person upon request and are available for public in&pection at ll).c following locaUo05!

Indiana Department of Environmental Management. Office of Air Management., IDdia.na Government CenterNorth. 100 North Senate Avenue, lOth floor-Eait wing, Indianapolis. illdiana.

Legialative Scrvicea Agency, Indiana Government CenterSouth, Room -EOll, 302 W. Wllhington Street.**Indi~lil,** Indiana.

lndie.napolis.·Marion County Public Library, 40 East Sl Clair SlRet, Indianapolii.Indiana.

Jeffeuonvtlle Township Public Ubmry, 211 East Court Avenue, Jetrcrsonvillc,.Ind.iana. ·

HanunoDd Public library, 564 StateSlrcet, Hammond, Indiana.

Oral staJ.emenU will be heard, bui for the accuracy of the-record. 51.alements should be submitted In writing. Wrinen statements may be IUbmitled to the attendant designaud to receive written conunentl: Itthe public tiearing.

A transaipt of the hea-:ing and Ill written submiuiou to tbc**~public** hearing shall be

.( Jblic i!iipCd..ioD at tbe Oc 0epflrtme11t or Environmental management 11Dd copici may bc made available to IDYpenon upo11 payment orrepro-**~uction** cow. Any person heard or represented at the hearing or**r~esting** notice &hall**~e** given wntten notice of the action of the 

# -··

For addition information con- :.act Roger Letterman, at the Janie Jones Date :**---~TLaa1Jn'-'u'"a"-'-r.:tvc__2"-------'** 1 9 9 8 Title

______**~L~e~g~a~l~B~o~o~k~k~e~e~p~e~r** 

### ____________ __

'ACH COPY AD**HE~E** Indiana Depiutmenl of 

### IEnvironmenta1 Management, Office of Air Managcmeb.t, Room IIOCll,IndiaDa**Gov~ment** Center North, 100 North Senate Avenue, 

# llndilmapoli• or call (317) 233- &342cr(800) 451-6027 ext. 3-8342 (iD. Indiana). 

# I Felicia R. George

. Auistant ColllllliMioner Ortico ofAir · !Management Individual• requiring rcaaonable accomnndatioDll for participation in thil event should contact the Iudiana Depanment of Environmenta1 Matlagement, ArneriC8Ill with Disabilitiea Act**~** coordinator at:

Attn.: Carolyn MOOf"man, ADA Coordinatc.- Indiana Department of**Environ~ntal** Management P.O. Bo1. 601.5 ID.dlan.apolis., IN 4620-6-6015 or call (317) 233-0544 (V), (317) 232-6565 (IT). Please provide a minim.Jmorn houn' noUfica.tion. 

### PUBLISHER'S AFFIDAVIT State of Indiana) )ss:



### ___**C~l~a~r~k~**

### __County) Personally appeared before me, a notary public in and for said state, the undersigned Janie Jones who, being rluly sworn, says that she is Legal Eooklieeper of the The Evening News- ne-wspaper of general circl lation printed ·and published in the English language in the (city)**(~)** of Jeffersonville in state and county afo1 said, and that the printed matter attached hereto is a true copy, which was dUly published in said paper for 

### One**tim~** the dates of publicati'on being as follows:

__ _ January 2, 1998

Subscribed and sworn to before megaJ NQ·1ce Ul ruuu,;**"~"'** IU\1 ta Implementation Plan (SIP) submittal 3261AC 2**~** is hereby given under 40 51.102 that the Indiana A.lr rtioo Control Board (board) Will apublic hearing at Its regular· scheduled meeting on nasday, July 1, 1998. The pur- ' ol this hearing is to receivo ic comment on amendments to jr' 'llld the addiUon ot

1 '26 lAC 2, Permit

. \ hlch are proposed e .•**o.~pted** by the board meeung will convene at 7.00 at the Northwestem Indiana ional Plannino Commission, 0 Southport Road, Portage, ana. All interested persons are ed and will be given reasonable ortumty to express their views earning the draft rules. rulemaking that is the subject 1is hearing concerns changes to state construction permit and stration requirements for minor rces o1 air pollutant emiss1ons the various operatinc permit grnms under Indiana rules. The pose of the rulemaking is to 13.mline the permittin(l process sources that are required to 1ly lor construction or operating mits and to provide more eff!· nt integration between the con· uction and operating permit

1uiremenls. The rulemaking will**~** the current state pennittlng 1uirements under 326 lAC 2·1 j the operating permit8rograms der326 lAC 2.·7 (Part7 )and 326 ; 2·8 (FESOP). The proposed es would completely restructure l requirements of 326 lAC 2·1 mthe addiUan o! new rules and 1Uid revise the permit revision**~uirements** underthe Part70 and SOP programs. The rulemak(ng 11 not significantly allerthe ma)or**econstruc~on** permit programs 1der 326 11\G 2·2 AND 326 lAC 2· 1pies of the above rules are avail· 1\il to any person upon request 1d·are available tor public inspec- mat theiollowing locations: diana Department of wironmental Management, Office : AJr Management, Indiana ovemment Center-North 100 orth Senate Avenue, 1oth floor·

·- Indianapolis, Indiana 

### I Services Agency, ,mment Center-South ()..... ,, 302 W. Washington tree!. Indianapolis, Indiana. Jdlanapolis·Marlon.County Public Jbrary, 40 East St. Clair Street, 1dianapolis, Indiana. Iammond Public Ubmy, 564 State areel Hammond, Indiana. 1llen 'county Public. Ubrary, 900 Vebster Street, Fort Wayne, ndlana. :vansville-Vanderburgtl County 'ublic Library, 22 South Easl itreet. Evansville, Indiana.

. letfersonville TownshiP Public .ibrary, 211 East Court Avenue, Jeftersonville. Indiana. Jral statements will be heard, but lor the accuracy ol the record, statements should be submitted in writing. Wntten statements may_be submitted to the attendant desJg- nated to receive written comments at the public hearing. Atranscnpt of the hearing and all wrttten submissions to the board at lhe public hearing shall be open to public inspection at the Indiana Department ot Environmenlal Management and copies may be made available to any person upon payment o! reproduction costs. Any person heard or represented at the**hearin~;~** or requesti_ng notiGe**s~all** be given written notice ofthe acbon o! the board. For additional inlormalion contact Roger Letterman, at the Indiana Department ot Environmental Management. DHice of Air Management. Room 1001, Indiana Government Genter North, 100 North Senate Avenue, Indianapolis, or call (317)232.-6342 or (800)451- 6027 ext 2-8342 (in Indiana). felicia R. George Assislant Commissioner Office of Air Management Individuals requiring**rea.s~na~le** -.-·'1mmodations lor partiCipation went should contact the Department of .1ental**Mana~emen1.** Am.,,n,ans with DisabilitieS Act coordinator at: Attn: Sandy Meanor. ADA Coordinator Indiana Department of Environmental Management

100 N Senata Avenue

P.O. Bo:<6015 Indianapolis, IN 46206-6015 or call (317)233-1785 (V), (317)232-6505 (TOO). Please**p~o** vida aminimum ol72. hours' notifi· Form Prescribed by State Board ofAccounts GeneralForm No. 99P (Revised !987) INDept ofEnvironmentalMgmt X1!6 To: EVANSVILLE COURJER Dr. (Govemment Unit) P. 0. BOX 268. EVANSVILLE IN 47702

V

ANDERBURGH County, Indiana PUBLISHER'S CLAIM LINE COUNT Display Matter (Must notexceedtwo actual lines. neither ofwhich shall total more than four solid lines oftype inwhichthe body ofthe advertisement is set)

- Number ofEquivalentlines Head

- numberoflines Body

- number oflines Tail
- nwnber oflines
Totalnumberoflines m notice

COMPUTATION OF CHARGES
155 lines, 

### columns wide equals !55 at .294
Additional chargefor notices containingrule ortabular work (SO percent ofabove amount) Chargefor extra proofs ofpublications (Sl.OO for each proof**~** excess oftwo) TOTALAMOUNT OF CLAIM

DATAFORCOMPUTINGCOST Width ofsiogle column --';8.';'8- Numberofinsertions 2 ems Sizeoftype 5 1/2 point

Pursuant to theprovismns and penalties ofChapter 155, Acts 1953, 45.57

.--'**_.....,."~·** --·
45.57

I hereby certify that theforegoing account isjustand correct, that the amount ciaimed is legally due. after allowing alljustcredits, andthat no part oflhe samehas been paid. Date:**~JUNE==--"0.:.2**___ '19**~9"'8**__ Title: BOOKKEEPER

PUBLISHER'SAFFIDAVIT State ofIndiana ss: VANDERBURGH County

Personally appeared before me. a notaiy public: in andfor said counry and state, the undersigned Joyce A. Herron who, being duly sworn, says that**~** Is BOOKKEEPER ofthe COURIER newspaper ofgeneral cuculation printed and published Inthe EnglishlanguageInthe (city) (town) of EVANSVILLE in state and county aforesaid. and that the printed matter attached hereto Is a true copy, which was dulypublished in saidpaperfor I time(s), the dates of publication being as follows: MA¥29.1998

Subscribed and swornto before me this 02 day of JUNE , 19 _:.9,_8

____________ _

NOTARY RESIDENT

# g.~~**d~~** expires 09/28199"teial Noticeai-Pubnc**~'=** 

# ...**=-'~--",ed** by State Board ofAccounts GeneralForm No. 99P (Revised 1987)

### -~-,r..:.**~:.L£:£'~~ ~-**  OF ENV I RONMENTAI. HGMNT overnmemal Unit) Notice·is hereby given under 40 CFR 51.102 that the Indiana A1r Pullution Control Board (board) will hold a public. hearing at its regularlY: sched.uled- meeting

______County, Indiana on. Wednesday, July t, 1998,. The· purpose of this

.

. --- J.-

..•ing Is to receive_ public_ commeRt 

### o:n _a!Tielld· (. (**~-to e~isting**  rules- and the addition of new rules 3 lAC· 2,**Pem~it** Review Rt.lles -whictr are pro..**~** 1o be:tinar**~ect-** by**~** 

### boc!nl- .The·**meeti~** wtU ·convene- at hOD.. p.m. ·-at the- NOrthwestern lndt-. ana Reg1onat Plannin&.Commisstan. 6100 Sputhport**~** To: 

### The Journal-Gazette P.O. Box 100 

### Fort Wayne, IN
PUBLISHER'S CLAIM
Road; Portage, Indiana..**Al~-interested** persorJS aYe in· vited· and Will be- given reasonable Opportunity.to ex- . . . pressi:l'leir:views concerning-the draftrules. tter (Must not exceed two actual hnes, netther ofwh1ch shall total
-· · _ . . . . . ·. ·. · ·. 'our solid lines oftype in whichthe body ofthe advenisement is set) The rulemakmg that rs tfle SUbject ·of tt)IS hearing fequivalent lines**-~-changes**..to the-strte.construdiOn permit and**~ation,** .requirements :kw;-mlnor. SQUrces of ai(.poltutant emiSSiofis and.the wrlous_opetat.ins_per. :-aber of lines rmt**~ms.under** n:tcltana rules..The. iW{POSI_ df the rulerilali•ng_ is**~.'streamline ~:** ·ptf!Tiittihl,**~-** ll)OI'e-etfLCient .Jiltes_rat!M**-~_tflil!l:-~** 1ber of lines • . .dberatl·ll&'.pemut·-requLrtrnents::. ·**_.Tl)e.~mg .wn~**  af1el:t tHe· CUrrent.state pi!lrmiitW.**~~** -326- lAC H·...,·the

..........l"'!'li\ 010c •

.**:.§~undif ~-~~?A&::** **~·7._-** __**(~..j~. ·-~**  _Jer ofhnes

# ·!eiJif.~¥~-t~t 

# . . . Dr.



### vtSiOO-,

### ~~ unper._;

### ~:,i:\~~

# .. ESOP er oflmes m nottce

### ~'n.~~'~**·'=~-------------------­** 

### •"32.5**-w~~~3261AC_;2~c~~·~~**.·**P.'~~~~&**

### •...**w~=**

_-r: .'"**·:,!-o;:_~,...i~-.H,,~~-·.;·~-~~;Jf.l\*~1fl<t!!'~:j.~·'ON** OF CHARGES

## ~.;~!t=-.;-~;...,;.~~~1:

# .**."~tJ~~rr~in~- ~-~;~**  , ._· ,-:.**~o:-~;-~~:~~~_..-,'f;Jes,** ___ ..L_columns wide equals

_ _JIL[OueL-equivalent lines 1-cidi&na·· ' · '"t ·.d:t. E"rl · ..,_ · .·\fa n1 ·

### 'Otfic;e--or~~~..

### -~~~~..b.n~Cef?. cents per hne 1!1<-NO<jh,· .lOQ N<ith. 

### se.\m

### .~'/';~,.,.'**~ ~:-~-~-~-~~-~;~~-~~~f~** **<~~~~~W}.'~~harge** for notices containing rule or tabular work

## l:iR~fat_'.ve'

## --s_~rvu:~:-Penty.

# ·m--**·.--:~** 

# ..·."".nf ·).f above amount)**"Cii)t~r** Souttt..**R~** £"01-1,..,

_ W.

_**~i~n** :street**JAdiana~-lnd~ -~-'<**  (".-**:.tii-:<-<1-o:'',.~t\.-.ti**. .'''**·~·-·** l.'J- -)>!**~-.l-1,_~· ~t.:-:"-.:>'.l-.,...,,;,;r~~.-~** ,f_a.**'(.p'~~-~lt-tt-~'** ttra proofs ofpublication ($1.00 for each proof

### in excess oftwo)**~~-·~ ~·llby;·AO,**  Eost. ·**-~~r_,~;_.·l!!dia~~~:~-;~t~q**..**_~~-~** ·

# -~~~~~:.-~-fY/~~~**~V.J~;-~OUNT** OF CLAIM

. 

### .,;tief,

## c.;,~**!'tibl{u~:**

# 9i'iJ**~;.:** Street. MPUTING COST**;flrt-"'&yn~· ~---**  ·: ;ti**rn!..~**..-- '.**~-~-** -1•_ -..__' : • 12 5 !="......- -·ille vanderburgh County. ·_.P.ublJ.c Library,. 22 .ingle column--·- ems (**~ S_~** **Evansville,~~?~~~~-~~ ~~~·~l~·** 

## ..·. f insertions

_ _..___ _ "

..nville Township Public Ubmy, 21l· "Eat**e**__ 

### s __point**~Avenue,-** Jeffersonville,**Indiana.:~** :· :1 !i.i:;**.~ ~,** **~I** 

### statements will be 

### hearn, 

## but·•;;,:-the ·;;cu;Bcy of the record, statements shOuid be s4bmitted in writing. Written statements may be**submttt~** to the to the provisions and penalties of Chapter 155,Acts 1953, attend"ant designated to receive written comments of the public heanng.**~** · --- · --•· · -

- , , t !ertify that the foregoing account is just and correct, that the amount $ 

### _;•u•c.·..>'-"'----

$ 

## -''lJ'u·.oi'lll'----

A transcnpt of the heanng and afl written subm1s- ; legally due after allowmg all just credits and that no part of the s1ons to the board at the public hearmg shall be b d ' '**~** , opel] to public mspectron at: the- Indiana Department een pal

. C'\

_ \ (" , \ of

-EnVJronmenlal Management aod copieS m<J)' be**~** >..S:::: ..\..

_ ""'\ f"v--. \**~** made ava•lable to any pe150n upon payment of re_ _ _ production costs Any person heard or represented at the heanng or requesl.mg ootlce. shall be gLven

..AY lO T!'tle·. Clerk wntten notiCE! of the act1on**~11he ~'**  , n 19 -->9t<OL..._ Fof.·**·add~ional** "itirDfmation 

### ·contact Rep- Letterman,**-------------------------'11:.l~;c,/.EfT-----------­** at the· lndia_na**De~ment** of Environmental Management office af, Air- ,. Room -1001, ln-**d~&na** GOvernment Center ·.100. North Senate avenue, Indianapolis or call 317-l 232---8342 or



# .. (600) 451-6027 exl 2-8342**~~ ~~~.~l-,.1**  ';**'~';,:'** ,·, :_ Felieia-R:. G«trge.**~** COmmi5sioner**;~ ·~·**  : Office gfIJz

# -en!

•• PUBLISHER'S AFFIDAVIT 

### J.

### E.i\11.
State ofIndiana ) 

## JUN ) ss:**-~en** County Personally appeared before me,_ a notary public in and for said county and state, the _undersigned JULIE L SMITH who, being duly sworn, says that he/ she is Clerk ofthe TheJournal-Gazette newspaper of general emulation printed and published in the English language in the (city) (town) of

FortWayne, IN**...::.::::.:..:.:.::e.:=:.~.:___in** state and county aforesaid, and that the printed matter 8t'tached hereto is a true copy, which was duly published in said paper for "·::--'C,

_ _,_ time

____ , the dates ofpublication being as followa:



## • 

# ,, _Subscribed and sworntobef lO'ttt day of MAT

.

## '-_{;i:\~fi.J._,

# ~YMARPUBn';t~;;z:u My commission expires:

# ~~~**-~** _ ALLEN COUNTy MYCOMM!ss!ON EXP 1UN!! .,OM!'L.I(.. HI:Aitii'H,,**~ptemenlatlon** Plan )mi-Hal 326 lAC 2:

.. - hereby**gi~en** under 51.102 that ·fhe**~lr** Pollution Control bo.:.rdl will hoiQ

.. a e11rino at Its re.gu- \eduled**meetino~cn** ay, July 1, 1998. Lhe of this hearing ll-to**pu~li.c** comment--on e,..·_. "isllng rules 

### "-1**'newrw~-** ;:_ \ lit**Review.~** 1iCu**~--** 1lfDPOSed to.·" 1 adopted by**.the-~** 'he meeting will**rnn~-** 

### -·

7:00 p.m. !II .the--·**~stern** Indiana :RE!· ' tanning Commissioh, , Jfhporl Road,**P-<:l~-** ·_ diana. All interes-ted

. 11re invited i!lnd will

.

1 reasonablY opp01"tuexpress their**v~s·** ·ng the draft ruleS? emaking that Is ·the of thiS hearing Ctln· tt·anges to th.e**st.J~** :lion permit and**~g--.** , requirements for· ources of air pollut- ssions ancl the V!lr.i··•• lfi!lflllO permit oro· Jnder Indiana rLfi&S, pose of the**ru!errlllk~ ~**  strellmline proces.s ces that are requifed 1fer construction· or ng permits and to more efllclent**Jete-~** between the <;pn· n end operatino !Jer· utrements. The r.ule· will ailed the**~;_ur·** ate**permittin~** re· !nls under 326 IAC..2·1_ e operating permit ns under 326 lAC H JO) and 326 IAC-2-B 1). The proposed nJies ompletely restrudure Uirements of 326 lAC. 1the 11ddltion of new. nd would revise 4he revision requlrems.nls he Part 70 and FESOP ms. The rulemal-'tino significantly 111terH!e pre!construdion**~ter·­** lgrams under 326**·~AC** 326 JAC 2-J. · _ .. r' ·--we rules:'llr!!'"· 'erson upon· ,vailable·fQr

_ h,. --··"" at the iol··,

lo'Catlons: Jndl11na·, ment of Environment·'· eoement, Otllce of Air'. ement, indiana Gcv·' ·**~I** Center-North, 1-00' • Senate Avenue, lOth'· est wtno,**lndian~pOiis,'** · 1. Leoisl.!ltive ServTce( · ·, Indiana Government · ·South, Room EOll,:JQ:t: shlngton Street, tndl: is, Indiana. !ndi.!lfn!·_ \arion County PubHc.. y, 40 East 

### st. Clait..: lndianl!polis, lndiani!l•. · end Public**Lib(~f'{,.** · 1le Street, H.!lmmond,. · ). Allen County**Public.~** y, 900 Webster Str.ee1r**~** Wayne·,**lndiM~i!l;­** ville**VandeJ'bu~!1h** · f Public Library, "22 ·: :11sl Street, Evansvii!J!,··. a. Jeffersonvtlle**T!Wio~:** ublic Llbruy, 211 East··. Avfnue, JelfersonviHe, :. "s'tatements will: ile**-~** but for the**~ccuracv** . ! record,**stt~femet~ts** , be submitted in writ-_. 'riflen siBtements**m~v** . milled to the attend11ot

.

. ated to receive writl_en

. 1ents at the publiC'.· o. 

### > : lScript of the hearino**~** II written submissions_· 1 boi!lrd at the pubHc · 111 shall be open to pub-.· ;pection at the Indiana • ·Jment ol**Environm~n-t-** ' 1nagement and coD,ies_" be made**av11ilabl~** -kl" erson upon paymenl.'flt. ducllon costs. Any**_p~· ~** **~11rd** or represente'd 'Ill" or requestino- given**written~** JC!ion of the· ldditionel**inlormeT~"~** ct Roger Letterm11n, ·a\ .1dl11na Department·**o~** · onmental Manageroent.. · 1 ot Air M&ni!lcemerit,.- 1 1001. lnd111n11 Govern-- Center North, 100 North- e Avenue, Indianapolis- 11 (317) 232·834'2 or (800}- 027**e~t.** H342 .•lin • 1a),

- (Govemmen1al Uni1)**~.,R,_.I"'O'-'N-'-------------** County, Indiana 

### 307 No PENNSYLVANIA ST.

- PoOo BOX**1~5** 

### INDIANAPOLIS, IN 4&206-0145

.NECOmiT 

### PUBLISHER'S CLAIM Display Matter- (Mustnot exceed**two~s** neither ofwhich shall total more than four solid Une t e**iJJ{~** ofthe advertisement is set]. Numb · di; 

### V 

# ..d.il..i

Head- Numberoflines 

# JUN 8 

## 1998 Body
- Numberofltnes State Of lndl•n• CQI)t. o1 Environmental Msm,t:._

__ _ .Otftce o1 Air**Mano~~aemem-** Tall

- Numberofltnes Total number oflines in notice
OMPUfATION OF CHARGES 16..2...!..Q_ lines

___colwnns wtde equals

___equivalent
Unes ate..l.2Z.... cenls per line Additional charge for notices cont.aining**n~le** and figure work (50 per cent of above BIDount) $

$ $



# ---------· --· $

$

_______ 

### 4_L**~--**

$ Charge for extra proofs ofpuDl!Catlon ($1.00 for each proofin excess ofrw-o) $ 

# ---------· --· 

# ---------· lUJ'AL AMOUNT OF CIArM 1\.TA FOR COMPlinNG COST Width of single**colulllil7~** ems $
Number of Insertions**~** $

_______ 

### 4_L**~-**

Persunn£ £O theprouisJDns andpenalties ofChaprer 155.Acts of1953. I hereby certify tllat the. foregoing account Is just and correct. that the amoWll claimed Is legally due. after aJJowtng alljust**credi/~;**

# rY that no part ofthe same has been paidc 

### -JI-/f.lt;Fjt70 

### -?4t("

Jate

______**_,.J'-'U!fNuE'----'OL~,.__.** 

### 191JL CLERK
80515

FELICIA R. GEORGE .; . - Assistant Commissioner·'

..· Office of Air Manegement · Individuals requiring re&Sall'"' able accommodatlons."'fQi"'- pullclpalion in this**e-v~~** should contac1 the _lncU'IIID.r Department of**Envtron.n~:** tal Men11oement,**Amer~,** wlth Disabilities Ad co&tit!--'"'_ nafor- at: Attn: Sitllj.f. Meanor, ADA**Coordlnabr;""'~** Indiana Department ol-"51::-'"'. · vrronmenlal Manaoeml&t;'".· 100 N. Senete Avenue, 

### f-.0:."'. sox 6015, rndii!lnaralis;**~-** 46206-61115. Or call**317)~)3.3"-"'.** 1785 {V), (317) 2321:,%6'{.- (TDD). Pleese**provi~~­**

. mlnlmum of 72 hours**~o.-**

llcatron. ,.. ·.;,....-.... {5-6-J, 71189,--) •..........**-~--**

_ 

### .....

,:-_



# ..-

"m 65--AEV 1-BB



### STATE**P~ESCRIBED** 

### FORMULA Title PUBUSHER'S AFFIDAVIT State ofIndiana ss: MARION County \ Personally appeared before me. a norar-Y public In and for said county and stale. the undersigned ANNETTE MCNEW who. being duly swam. says that__s__ he Is**--::--,lo:l:-~~::-:::-------,--,--,---,---::-::,-::--=---=-:c:::-------** of the 

### INDIANAPOLIS N:wspAPERSt INC•
a 

### DAILY STAR newspaper ofgeneral circulation prtnted. and published In the English language in the cily 1 town\ of 

### INDIANAPOLIS

In state and county aforesaid. and that the printed matter attached hereto Is a tnle copy, which was duly published In said paper for _l_ time

__ . the dates ofpubllcaUon being as follows: 

### JliNE 01

### r 1998

. l!l}JL



### 1·63 

### PICA COLUMN**~ 9~**  

### POINTS PUBLISHED ONE**TI~E** 

### PUBLISHED TWO TIMES PUBLISHED THREE TIMES PUBLISHED FOUR TIMES 

# .zzB ·343 o457 

# .sn 14 POINTS I 5•7 

### PTo TYPE**~** 

### 16.49 loo49 EHS I 

### 250**~** 

### .oo59o SQUARES .06596 SQUARES X**S3.~6 ~**  

# ,zza CENTS PER LINE1tice of Public · learing _.**~mentation** Pian nitta! J26 lAC 2 1ereby given under 02 that the lnd1ana of Environmental (IQ!;M\ will hold a 1!'" -, regularly ( .( "'ednes- i

. ,urpose 'llo, recei'l'• ment amend• sling rules and lha new rules at 326 mil Aev1ew**Rule~** ·oposed to be final ' the board. The.· To: North_wegt Inr1JenH 

### Nmyspa.pars 601-46th Avenue. MUDBtar. IN 46321 

### Pu.SLIBBER'S CLAIM**~COUNT** spJa.y Matter (Must not exceedtwo**~~,.a;.~hlcb.** 

### sha.ll tota.lmora 

### that four solidlines of 

## m>• 1nwblcb.

### ~A~lf5~&t 1s sst) -number of equivalent lines 

## JUN 1 5 1993**N°o r~h~~~~e~~** **~~~?** 

### s.d
- 

### number of l1nes**~~~ l~~r~~~~** **~o a~**  dy
- 

### number of linea**I~V fei** **~1]~ ~**  .Jl
- 

### number of 

### lines State 

### ot lncuana rtunity to eJCpraii'S Total

### number of 

### Unes 1n notice C•pt.

### ot Environmental Mlmt. :oncerning the draft OffiCe Of Air**Mana110man~** making that is iha --------------------------..,.------------------------------ is hearing concerns the state construeand _registralion IfF MP'UTATION OF CHARGES

## ~i£~**~~::~:f~;·$"**

# ?-- 1 1,

# I I) 

# '?,']**h~"~~~;.M;~· i~~**  _linea

__ {columns 

### wtd.e equ.a.U(

# :r:.::;; equiva.lent lines at 1 

### ...It cents per line the permitting pro: '**;~[~**

### 1**~g~~;~~a~u-:.·**ulditlona.l 

### charge far notices contsln1p

### g rule 

### or ta.bula.r 

### work 

## ;2**~~~~Te~~~ ~~re~~:ao**  percent of above

## amount) tn the construction**~~~J:~rg~ !:i~u~~~jlha.rge**  for extra. proofs of publlca.tiaD ($1.00 for each 

### proof 1n excess of two)**~~~t:r p3~r:tll~~** **2~ ~~~~J~9A~** **~~j' (~~a;**  ; lAC 2-B {fESOP). ;d rules would coffi- ructure the raqurrs- !6 lAG 2-1 with the TOTAL AMOUNT OF CLAIM

taw rules and would**E~~~:t ,h~vi~~~**  

### ;eo**~TA** FOR COMPUTING COST •P programs. The w_ill not signiticanlly oator preconstruction rams under 326 lAC S 'lAC 2-3. ol the a.Pove ruleS :lie to any persaO st and are available 1speclion at !he lot- lions: ·**··~ Jepartman~**  of**En~-** Wldth of**a~** column l..QJl. ems 

### Number of 

### lnsarttons......?- Bize of tyJ>e ,!!&_point**~:~:,!!,a.,~~~t,ln~i~~** ursua.nt 

### to the prov1Blons and pen.a.lt1es of Chapter 156, Acts lQ63, I "'orth. 1f)Q VB, lQUI ianapo!l&> re**"'er~o<-es Age~l;y,**  ovarnment Canterom E011 302 

### -w. 1 Street. lndianapOlolis-Marlon County try, 40 East St. Clair anapolis. Indiana
- j Public Library, 564 reel, Hammond, 

### $

$

lVnty Public Libra[)': ster STreet fort Iiana. · ·--------------------------------------------------------- ' Vanderburgh CouW

### ~-~~~e~~n~~~~~-**~~** votte Township Pub-llc East Cour1**Aven~** le, tndtana. _. I statements will •.be for the accuracy, Qf

. statements shoUld**~d** in writing. Wri.tten · may be submitted ondant designated 'to tten comments at tl'l!l ·ing.**:i~[:f~ ~~b~i~s~~~~~~**  at the public heanog 1en to public inspec,_

Indiana Department mentlll Managemeru may be made avaii- •Y person upon payo**~;~d~rc~~g~~~;~~e~f1lt** 1or request1ng not1ca •van written notice ol of the board. ldltional inlormatioo. ger Letterman. at !ha !partment of Environ. lnagement. OtlTce .o[ remenL Room 1Odl, oovemdment Cenhn ) North Senate Ave- napolis or call 3t7:**~r** B00-451-6027. ext. Indiana), George**~ommisstoner** lir**M~f)agemenl** 

## c.**~~~~~~·nra/e~~~rc~** "'Uid 

## com11.ct

lfl! of Enr al·**~~iMe~11A~t·** Indy Meanpr. AD;A 

## "

.**~panmem** of Envircn- magemem Senate Avenue is. IN 46206-6015 '· 317) 233-1785 lVI, -6565 (TDD).. Please**~1n1mum** ol 72**how~** ------'7""7B9il.5 Atta.cll COpy of 

### dverttaemeot Here 

### P013LIBHER'S .AFFIDAVIT Sta.te of Ipd!ppa ) 

### ) as: I alre 

### COUnty ) Pal'80n&lly S.l'E'J!"'ed**baf~**

### a. notarypublic Ill a.nd for sa.!d county a.nd 

### state, the unders!gruld

## W(llf,t:/t!Z..f?'~./tho, being duly sworn, sa,ys

## tha.~he 1s LARl, Clerk 

### at the TJmss newspaper of general c:lrcula.- tlan printed a.nd publlsbed 1n the Engl1ah J.&ngua,ge 1n the (city) (town) of MJJnater In the state a.nd 

### count,y atoresa.ld, and that the printed ms.ttar s.ttached hereto 1s a true 

### copy, which w dul;y published In s..W. ps.per for

## ~time---, the dates of publics.t!on 

## b( /

# q9'f**~**

Subscribed a.nd sworn to before

My commission axpll'ea:d Notkeol II<**Burin~** t Im-p&.lil 1•lion l(sd'}s.t-.IUal JACl lcticeiablnbypveu

### I;IJidtr**~** t Sl.lOl tblli. the**Indian~~** Air**~lion** Control ·Board**~).** hold a public**bearin~** at 11s**1~-:•·** '1cduled mcctms on " ( lly1,1998:lbepur- •learing is to receive h

... :

......lfnmenton**amen~nlllO** Jting rules and the addition**~C** , rules at 326 lAC l, Permit riew Rules which arc proposed

,. prcliml"")' olopled by lhe 1d.Themeetingwill convene at 0 p.m. at the**Northwest~m** Iiana Reaional PlanDIDB mrniuion, 6100**Sou~port** ad Portage IndianL All tnter- ed'pmon.a**~c** invited and. will given reasonable**oppo~1ty** to :RII their views concenuna the. in rules. Tbe rulematina that Is the sub- :t of tbil bearlna concernJ "
- _. ._ L -·**~-'** _,- Form Prescribed by**Stat~** Board of Accounts General Form No. 99P (Revised 1987 T,J:**T~nH~E~E~VLE~~ui~I~N~G~NLE~W~S~-----------------** 

### Dr (wvernmemal L.: •• lr:) 

### 221 SPRING ST, JEFFERSONVILLE, IN 47130

---------- County, bJia:1a ?Ul3LISHER 1 

### S CLAIM LU."E**COl_;~T** Display Hatter**(~usc** not exceed**t~o** actual lines, neither of which shall total more than iaur solid lines of type in which the body 

### dE the**adverti~emenc** is set)

-- number of equivale11t lines Head number of lines Body number of lines Tail number of lines Total number of lines in notice

COHPUTATION OF CHARGES wide equals _Ll1_ equivalent lines 

### 137**~·-------** 

### '" 137

•"**~lines,** ---1- colut:Jns at ....,.2.5.5**cen~s** per line • • • • • • $•

_ 

### _;3:;::4c:.•.:.94.:__

____ Additional charge for notices containing rule or tabular work (SO percent ·of above amount)

. • • • . . • • •• , • , UIBCS to' lbe ltalo**co~D** rmit and reiif;tratlon fe:9Ull'e-**~(or** minor IQUI"Ceeofm 

### pol- !a.Dt emiJiioDI and tbe Yan.OUI aating**~t program~**  Ubdc:r dian• iules. The**~** of the lematina. ia to ltreamhnc. lbo :rmitting proceu for 10urccs that C required to apply (CI', CODSlnlC"' : )D m- opcnWng**~ll** and to. :ovide more efficaeot intetplioEr**~ceu.thccopmuctioaaDdob;"** Charge far extra proofs of publication ($1.00 for each proof**11 ~{~t** **~l:l_:**

### ___f'. in excess of two) lie · wiU ifftd. lho**~'~** Llle pennittlna: requirement. TOTAL AMOUNT OF CLAIM

## -.!!,lAC~:.~ $·=-:-..;.3;,;4;.;;•,;;9.;4

__

## ~~-1 (Port 70)-',.;

## lAC...;;:- DATA FOR COMPUTING COST

# ~~:£/j~~;~:k~ Widch of single column --2..J)•ms would

### compteiefy-:·~ure**~** Number of insertions 1 r_equlremeota o(326 lAC 2·1 With :be addiUo!J of DeW**ruJe~** and trouhl reviae the permit ievWoa Size of type -----5..-5. point

### ~(**,~~~theP.M70~** ------------------------------------------------------------------------------------------- '"""""Tho rulemaldog

- llgnffiC8..11tly alter the**~or** preco.utruction J)Cmtit pro. ;rams UDder 326 lAC 2-2 Md 326 Pursuant to the provisions and penalties of Chapter 155, Acts 1953, 'l: I"**,___.,...,.4.,..,,~~-q----.--;.,.,.c** 

### · 1\C 2-3.

- - ·- -- . .

Copies of 

### the ;J;Ove rules are I hereby certify that the foregoing account is just vailable to any peraon upoD legally due, after allowing_all just credits, and that**~~_Blld** are availablefor public and correct, that the amoi.mt claimed is no part of the same has**·been'·paid~- ~~o**  111**~e -~o~l~wing**  JocaIndiaD.II Department of nlronmentaJ ManageJneDt, rfice · of Air Management, dtana Government CealerJrth, 100 North Senate Avenue.**~~r-East** wing, lodianapo_lia. legi'Jative Sdvices Aaenc:y Uana Government Center: ulh_, Room EOll, 302 

### w. U!:_gton**Str~** IndianapoUa,**ll!dla~li•·Marion** County J!Jc Library, 40 East SL Clair !d..lndianapolil,Indiana. Hammooo Public library S64 te Street, Hammond,

### Icdiaiw.. 1\Jien**Co~ty** Public lJhna-y Webster S!roet, Fort Wayne: Bnll.

-- i:v.uav1Uc Vanderburgh 11ty Public LHnry, 22 South Street, Evanav:IJJe., Indiana. clfenonville TO'IVIlship Public ary,**~ll** l!ast CCI.IJ1 Avenue, nonYllle,Indiana. ' · ,,. 1 

### !nJ •tatementa. wlU be bean!,**~** C1' the accuracy ofLbe record, ·**~ta ab~d**  Qc auboitted

# ia,: dJ.m"-'

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## ~nmen~~-·-l:- 1 may be 'mad_e •vailllblo 10 non uponfiii}'IIleJJI ofrepro- DCOSLI. Any pcnoa beln:t or enled _at the hearing or tfng .notice &hall be &ive.a I noLice o_f the act.io_.a ofthe 

### Liz Baumgardner L.**~--** Date:. 

### June 1st, 1996 , ls96 Title: legalk 

### bookkeeper

···.-?-JU·addJUonallnformation contlct , Roaa- Letterman, at. lbc ·clddlau

. .Department of &Yitollintnta]

. Ml.liaiiement,**~TO** 1001, Indiana Government**~** Ncrth, 100 North Senate 'A'mrue,. Indianapoiil cr call (317) 232-83.42. Cl' (800) 451-6027 en. 2'1342 (lo lndlua).**~icia** R. George 

### ·APistantCornmiaioner**tap~** oC_AU:,: 

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# fi'""'**~**

# ... 100' Ayenue.;p,o. Bo:c601.S,**u~** IN 46206-6011

.. ) 233-1.78! (V). (117)

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## . .

# ~~Q·~~~(,J:"•"' _,.,., "''·' •.;;**,.,.~-** ':!l 

### PUBLISHER'S AFFIDAVIT State of Indiana ) ) ss: CLARK County ) Personally appeared before me, a notary public in and for said county and state, the undersigned LIZ BAUMGARDNER w-ho, being du s-w-orn, says that __she is LEGALS BOORR:EEPER of t THE EVENING MEWS**n~wspaper** general circulation printed and**publ~shed** in the**Engli~h** languag2 in**rh~ 1.-.~rv)** **(~:k** of 1 rEFFERSONMILI.E ln**~>tate-and,.c.ou.nty.** aforesaid, and that the printed**matt~r** attached hereto 

### is a true**cop~,** wl1i

. •-J<lS duly published in said**pa?~~-** for nNF. , ..the

ddtes of publication being as follows: 

### JUne I 

### t, 1996**S~bscribed** and**D~orn tl~**  cammission expires:

__•;{ :r>.

# ATTACHMENT 

# E

## I 1 2 3 4 5 6 7 8 9 10 11 

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

## BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF FEBRUARY 4, 1998

'· :·,·;': _; ' -·. '..:J; \·1,.-;;r.

... 

## '"-'"'''"" PROCEEDINGS before the Indiana Air Pollution Control 1



## Board, taken before me, Lindy L. Meyer, Jr., a Notary Public in and for the State of Indiana, County of Shelby, at the Indiana Government Center South, Conference Room A, 402 West Washington Street, Indianapolis, Indiana, on Wednesday, February 4, 1998 at 1:07 o'clock p.m.

William F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 12922 Brighton Avenue Carmel, Indiana 46032 ( 317) 848-0088. 

## ' \ 

## 1 2 3 4 5 6 7 8 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 APPEARANCES: BOARD MEMBERS: David Rariden, Chairman Randy Staley Marlow Harmon Thomas Anderson Dr. James Miner, M.D. Gary Wheaton George Ewing Steve Rogers, Proxy, Lieutenant Governor 2



## Howard W. Cundiff, Proxy, State Board of Health John Bacone, Proxy, Department of Natural Resources Thomas W. Rarick, Technical Secretary

IDEM STAFF MEMBERS: Timothy J. Method, Deputy Commissioner Janet McCabe
PUBLIC SPEAKERS: Tony Sullivan Charlotte Read Marc Kroll David D. Johnson Mark Strimbu

### , I



## 1 2 3 4 5 

## 6 7 B 

## 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 ,! 

## A written transcription of the hearing will be made. The transcript and any written submissions will be open for public inspection at the Office of Air Management. Copies will be made for the cost of copying. Will the official reporter for the cause please stand, please raise your right hand and state your name? (Reporter sworn.) CHAIRMAN RARIDEN: Thank you. The purpose of these hearings is to give all interested persons an opportunity to comment
on the new rule or amendments. Comments should be directed to the substance of the proposed regulatory additions or amendments. One: 

## Public hearing regarding preliminary adoption of amendments to 326 IAC 1, 326 IAC 2, Minor New Source Review Program. This-is a public hearing before the Air Pollution Control Board of the State of Indiana regarding preliminary adoption of amendments to 326 lAC 1, 326 lAC 2, Minor New Source Review Program. 

## 47

### 1 

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### 23 

## Is there anyone from the Department who would like to comment on the draft rule? MR. METHOD: Yeah. CHAIRMAN RARIDEN: Tim? MR. METHOD: This is easy, so I'll give it a try. CHAIRMAN RARIDEN: Okay. MR. METHOD: As we noted on the48



## agenda, we're not

-- we don't have actually a set of preliminary rules for the Board to act

on today.**W~** 

## did notice the hearing for today. We do anticipate in March bringing a pretty comprehensive rewrite of our new source review rules to the Air Board for your consideration. Obviously we're not changing the federal rules, but for the bulk of the permits that we process, the state construction permits rules apply or the registration rules apply. And as we briefed the Board, I think, in the past, we've been working very hard with a wide variety of folks that have

## "I 49
1 been interested, to kind of sort of rewrite 2 those rules and bring them up to speed with 3 our permit program, do some streamlining, and 4 do some rewrite just based on the fact that 5 they are -- they've evolved over a 10- or 15- 6 or 20-year period and they're very difficult 7 to read and follow and determine what applies 8 to you and what doesn't. 9 So, Paul Dubenetzky and his 10 staff and others have been working

-- and 11 Janet's staff have been working very hard 12 over the last year on these rules, and we 13 do

-- hopefully we'll have a set of rules for 14 your consideration in March. 15 CHAIRMAN RARIDEN: Are there any 16 questions from the Board? 17 (No response.) 18 CHAIRMAN RARIDEN: Commenters 19 will be given approximately five minutes to 20 provide testimony. At this time, 

## is there 21 anyone who would like to testify? 22 (No response.) 23 CHAIRMAN RARIDEN: If not, this

.' I 

## 1 2 3 4 5 6 7 8 

## 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 50 hearing is continued until the March 4, 1998 Board meeting. Two is public hearing regarding final adoption of new rules to 326 IAC 8-13, Control of Volatile Organic Compounds, VOC, from Sinter Plants. This is a public hearing before the Air Pollution Control Board of the State of Indiana regarding new rules 326 IAC 8-13, Control of Volatile Organic Compounds, voc-;'"-from Sinter plants. Is there anyone from the Department who would like to comment on the proposed rules? MR. METHOD: I'll do that. CHAIRMAN RARIDEN: Tim? Okay. MR. METHOD: In this one, we had originally planned to ask the Board to final adopt the sinter plant rule. It's been just a couple of months since the Board preliminarily adopted it, but it's been a couple of years,
as we've mentioned before, that our staff and anybody who has been interested have been working on these rules. They do represent aI 

### I

1 

## 2 3 4 5 6 

## 7 8 

## 9 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 ,I 

## CERTIFICATE I, Lindy L. Meyer, Jr., the undersigned Court Reporter and Notary Public residing in the City of Shelbyville, Shelby County, Indiana, do hereby certify that the foregoing is 

## a true and correct transcript of the proceedings taken by me on Wednesday, February 4, 1998 in this matter and transcribed by me.

Notary Public in and for the State of Indiana.

My Commission expires October 27, 2000. 228' i ' 

# ' 1 2 3 4 5 6 7 8 

## 9 10



# --u 12 13 14 15 16 17 18 19 20 21 22 23 BEFORE THE STATE OF INDIANA AIR POLLUTION CONTROL BOARD

PUBLIC MEETING OF MARCH 4, 1998

PROCEEDINGS before the Indiana Air Pollution Control Board, taken before me, Lindy L. Meyer, Jr., a Notary Public in and for the State of Indiana, County of Shelby, at the Indiana Government Center South, Conference Room A, 402 West Washington Street, Indianapolis, Indiana, on Wednesday, March 4, 1998 at 1:09 o'clock p.m.

William F. Daniels, RPR/CP CM d/b/a ACCURATE REPORTING OF INDIANA 1



## 12922 Brighton Avenue Carmel, Indiana 46032 (317) 848-0088 

# RECErVED MAR 2 7 998

State of Ind ana Dept at Environmental Ms:mt.

.Office of Air Manaaement

## I 1 ,']_ 

## 3 4 

## 5 6 7 

### 8 9 

## 10 11 12 13 14 15 16 17 18 19 20 21 22 23 

## APPEARANCES: BOARD MEMBERS: Dr. James Miner, M.D., Chairman Jeff Bowe George Ewing Randy Staley Marlow Harmon Gary Wheaton John Bacone, Proxy, Department of Natural Resources Steve Rogers, Proxy, Lieutenant Governor Thomas 

# w, Rarick, Technical Secretary

IDEM STAFF MEMBERS: Timothy J. Method, Deputy Commissioner Felicia R. George, Asst. Commissioner Janet McCabe Paul Dubenetzky Mike Brooks
PUBLIC SPEAKERS: Tom Easterly Charlotte Read Kenneth R. Burcaw Gerry Hays Bernie Paul Blake Jeffery Vince Griffin 2

## 69

.. 

## 1 

## (.I Mr. Wheaton? 2 MR. WHEATON: Aye. 3 CHAIRMAN MINER: Mr. Wheaton votes 4 aye. The final rule was adopted unanimously. 5 No. 2. This is a public hearing on 6 preliminary adoption of amendments to 326 IAC 1 7 and 326 IAC 2, Minor New Source Review Program. 8 This is a public hearing before the Air 9 Pollution Control Board of the State of Indiana 10 concerning preliminary adoption of the 11 amendments to 326 IAC 1 and 326 IAC 2, Minor New. 12 Source Review Program. I will now introduce**~3** 

## Exhibit 2, the draft rule, into the record of 14 the hearing. 15 Is there anyone from the Department who 16 would like to comment on the draft rule? 17 MS. GEORGE: Yeah, I'll just say a 18 few words before I hand it off to Paul 19 Dubenetzky, Branch Chief of our Permits Branch. 20 Those of you that have been on the 21 Board for a while may recall that back in 1996 22 the**legi~lature** 

## passed something called House 23 Enrolled Act 1265, and in that act, there were

# ( 1 2 

## 3 4 5 6 7 8 9 10 11 12

3 14 15 16 17 18 19 20 21 22 23

I 

## 70

several provisions which streamlined, in a very limited way, some of the construction permit approvals that we'd been doing in our Department, and the other thing that that statute did was it directed the Board to incorporate those statutory provisions into rules. And so, when we began that process of attempting to do rules to have a regulatory solution to what was in 1265, what happened is

we decided thlrt probably it wasn't a great idea to just limit the purview of our discussion and rulemaking efforts into just instituting those changes which were very limited. We looked at the .article in the rules that dealt with construction permitting, and for the millionth time, acknowledged the fact that it's very, very difficult to use. The structure of it was confusing for applicants, applicability was very complicated,**an~~~lso** 

## it had a system of construction permitting in which the amount of paperwork and administrative action wasn't always perfectly aligned with the .

## 71

( 

## 1 amount of environmental impact that that action 2 was going to have. 3 And so, we decided to go ahead and to 4 look holistically at the entire construction 5 permit

-- minor new source review construction 6 permitting system in our rules and to do a 7 couple of different things. First of all, we 8 decided it made a lot of sense to restructure 

## 9 that rule and to make it a more common-sense, 10 organized approach that people could understand 11 a lot better. 12 The second thing we decided to do was 13 not only to take the streamlining approaches ' 

## 14 that have been introduced in. 1265, but to go a 15 step farther and to analyze the other sorts of 16 approvals that were contemplated under the rules 17 and make sure that, in every case, the amount of 18 administrative review and effort expended to 19 achieve those approvals or to do those approvals 20 was connected with the amount of environmental 21 impact that would result from the actions taken 22 after the approvals. 23 And so, we've attempted to do that in

.I

## y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

. I 

## 72

this ru1emaking, and I have to commend not only Paul Dubenetzky and Roger Letterman and many others of the Office of Air Management staff, but as you can see from the heft of this rule, this was a pretty monumental undertaking and these guys have worked months and months with the regulated community and others to come up with a system that does a lot of pretty**-~** 

## not only 

## structural things, but also efficiency things, the way that we do construction permit approvals. So, that said, and that little bit of history under your belts, I'll go ahead and hand this off to Paul Dubenetzky, who can give you a little more detailed picture of what this rule is going to represent. MR. DUBENETZKY: Thanks. I'm Paul Dubenetzky. I'm Chief of the Air Permits Branch. I didn't realize Felicia

was going to talk,-and she just covered

. everything I was going to cover, so I will make up something else. (Laughter.)

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## MR. DUBENETZKY: As she said, the rule is pretty darn thick, but there's reasons for that. The air permitting is, just by it's nature, fairly complicated, and to streamline it, ironically, means you have to make the rules

more thick. But there's more to it than that. I wanted to mention, though, that we have been working real hard. Over the fall, we
were meeting biweekly with people that are interested in working on these rules with us. We've had six or eight or ten meetings to get to this point, and one of the things people wanted besides having some streamlined processes and

some of the substantive changes, is that there's

a lot of suggestions that they've made that added to the heft. For instance

-- well, I'll get into that later. But there are some things in there that just to make the rule more simple means that the rule has to be longer. It doesn't mean that the rule's that much more complicated, though. so, it has been formatted for ease of use. It's also

-- there's more consistent use of terms.

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## . 8

9 

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## 20 21 22 23 74

We don't have 18 different names for changes, as had accumulated during the piecemeal process of changing the rules. And there's conformance with EPA's permitting concept of potential to emit that makes it key to connect well with the federal programs, that this rule doesn't intend to really touch

. And then the other thing that's important that the rule realizes for the first time is that the

-- Indiana and significant air

sources will all have comprehensive operating permits to build from, which they didn't have before. So, the rule has a separate section now for if you're a brand new source, a brand new plant, starting in a new place, what you have to do before you get authorization to construct and clarifies how you segue into the operating permit program. From then on, once you have an operating permit, we don't call it a construction permit anymore. No matter what you're doing, we're going to amend your operating permit. So, that sets us up where

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## 75

we've got construction permits, and there's three major levels of operating permits, so we wanted to make it easier for people to say, "I'm building a new plant. I'm going to look at the construction permit requirements. FESOP. I want to add something. look at the FESOP requirements.'' I've got a I'm going to

So, if you had one process for a certain type of change, it gets repeated four different times in this rule package, so that it's in the place**wh~re** 

## somebody would expect to find it. So, that's one reason why it's thick. But much of the streamlining in the rule has not to do with building new sources. In fact, much of that's still the same, the way it is now, and it's not about changes that make plants bigger

or add new equipment to expand plants. Much of that's going to go on as it did before. But it does recognize that an awful lot of the stuff that we do is changes at existing plants that

-- people apply for a permit, they wait for some time, and we push a lot of paper around and

-- but in the end, their final

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## operating permit doesn't look a whole lot different than what it did in the beginning. 76



## And there was a certain rationale for that when they didn't have an operating permit, but now that people will have an operating permit, it makes sense that if the permit isn't going to look a whole lot different at the end of the change, why have a lot of paperwork and process to get to that point? So, that,' s where

a lot of the change is, for people that are changing the way they do things or changing out equipment, and again, I'll get into that. But that's where most of the change is

. Is isn't about changing the requirements for having expansions or having new sources. It's having a plant be able to live with the permit program and not have a lot of paper and process get in the way when there's not a lot of value added. So

-- and I mentioned a lot of that might be putting in small equipment. One of the ways our rules treat things now is as if it were
new. It doesn't matter if it's replacing

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## 77



## existing equipment. It presumes that the source doesn't know anything about what rules apply to them and they need us to spell it out in this construction permit, it needs us to add

-- one of the important things we do in a permit is add provisions to monitor compliance on a continuous basis, spell out exactly how they comply, and since we haven't had a good operating permit program, we couldn't presume -- the rules didn't presume that the source knew that, but now they will, and if that stuff's already in their**per~it,** 

## they don't need us to do it again, again, if there's not going to be a big impact

on the environment. So, now there's four different ways that you could get your permit changed. Some things are just flat exempt, like they've always been, but here again is a place where the rule got thicker. So, the current rule says, for instance, if you're going to put in equipment that emits less than, say, 15 pounds or 25 pounds per day of NOX, you don't have to get a permit from us, but people look at that and they

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## say, "Well, here's the equipment I'm going to put in. I'm going to put in this heater, so I don't know whether I'm exempt or not, so I'll have to apply to the agency and have the agency write me a letter that says I didn't have to apply for this in the first place.'' So, the rule now contains a fairly long list of the common types of things that we know that people do, and would be exempt based on the current emission thresholds this spells out. If you're putting in a heater of this size, you're exempt. You can point to your lawyer and say, "Here's my 

## heater. I don't have to apply,'' rather than have your lawyer say, "No, you need

a letter from the agency that says you didn't have to apply for the permit." so, that's another reason why the rule is thick. There's a new category of changes that

are called ''notice only," and those would be, for instance, when a source is operating under a there's more provisions for the use of emission caps, but just to make some simple explanations, if somebody' s operating four

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## printing presses that have all of the same exact rules apply to them, and they want to add a fifth one, or -- well, especially if they wanted to add a fifth one but not really increase emissions, at the end of this process we have now, we would look at that printing press and say, "It's going to emit

-- it could emit so much more emissions whether you plan to use it that way or not, and we're going to tell you all of the rules that apply and what to do to comply, and we're going to go through a four-month process to do that and have dozens of pages of stuff go around, but in the end, your operating permit's going to go from four printing presses to five. The only thing that's going to change is your permit is going from four to five. All of the same rules apply, all of the same conditions apply, and emissions aren't going to increase." That kind of change now would just be a notice only. The source would say, "I'm adding

a fifth printing press exactly like the four I've got now, or maybe it's kind of different,

## .I 

## 1 2 3 4 5 6 7 8 9 

## 10 11 12 13 14 15 16 17 18 19 20 21 22 23 but all of the same rules apply and all of the

same things I have to do. All I want to do is change that four to a five." We would then 80

they would be allowed to do that after notifying us, and we need to

-- this is one of

-- there's

a lot of work we still want to do to tidy up these rules, but there would be some administrative process later to change that four to a five. There would also be minor permit amendments, which are things that people need to apply to us for. They**hav~** 

## to wait for us to approve. We do a lot of those now. They're called registrations now. There's more things that would be approvable under that. I forgot to mention, you've got

-- the rule's got an expanded fact sheet and issue paper that I think is 16 or 17 pages long, but it has a couple of different charts that kind of

-- that summarize these types of changes. But there are some things that people would still need to get approval from us for, whether it be new requirements that they haven't

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## had before or relatively small increases in emissions. And then a significant permit modification would be just like what we call a construction permit now. 81



## Somebody would apply for us [sic]; there would be either an environmentally significant increase in emissions, there'd be judgment used by the agency, say, to establish case-by-case control technology requirements under certain state and federal rules, or somewhere else where there's value added through the permit process. There's**-~** 

## the requirements aren't cut and dried, and someone has to apply. to us, there would be a proposed permit, it would be open for public review so that the public has an opportunity to see how the agency exercises its judgment in approving such a change, and then a final permit would be issued. And we do a lot of those now. We 

## do two or 300 of that type now. I'm hoping that under this rulemaking, though, that a lot of those things that we currently go through that full process, which can take three to six months •

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## 82

to complete, can be driven down to where it's

more a matter of a couple of weeks or no more than one or two months to get that kind of thing approved or some of the things that we have up in that higher level that don't need to be there. I mentioned we've been working with people that have been interested in this rule. We've also been working closely with EPA. it's very important that we ensure that we're consistent; that we don't get crosswise with any federal requirements for permitting; and that they understand the rules so that they can approve them and that there's not any problem there. We're also --we continue to meet with

our work group. The work group meetings, they're open public meetings. They've been relatively well advertised. We've got a huge list of people we send notices to. Most of the meetings have had two or three times the people attending those that are attending this Air Board meeting

. There is a lot of interest.

## 83

.r,



### . I 

## 1 

## There hasn't been--- although people 2 

## have been invited, there hasn't been a lot of 3 

## interest expressed

-- well, there has been 4 

## interest expressed, but the general public has 5 

## not been making it to these work group meetings, 6 

## and there's a lot of reasons for that. I'm 7 

## looking to hold the next work group meeting in 8 

## Northwest Indiana within

-- sometime in the next 9 

## month. 10 

## It will be just like all of the other 11 

## ones. They're open public meetings, anybody can 12 

## come, but there are people in Northwest Indiana 13 

## in the general public that have expressed 14 

## interest in participating in this informal part 15 

## of the rulemaking process, and we think that 16 

## going up there will help them do that. 17 

## A couple of things that are in the 18 

## rules that we'll be continuing to work on. I 19 

## mentioned part of the contept on changes is that 20 

## you already have a permit. You already have 21 

## your operating permit, and changes will be 22 

## amendments to your permits, and so a hundred, 23 

## several hundred, three or four hundred people

# ( 1 

## -2

3 

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. 

## 13 14 15 16 

## 17 18 19 20 21 22 23 84



## have FESOP's, 60 percent of the Title V sources will be permitted by the end of the year, but there's still --there will still be two or three hundred major sources, people that have to get permits from us that won't yet have their Title V permit, and so there are some provisions in the rule that probably need some work on how those types of sources who not

-- don't yet have their operating permit, because they're scheduled to get those in '99 and the year 2000, how they would

-- how approvals for changes at their plants would work in the interim. We also have to address

-- because of

some special federal procedures with Title V permits that are different than the other permits, we have to have a separate way of approving construction that's separate from operation, because there's a longer time frame involved in some extra EPA approvals that have to be done under Title V, and we don't want to unnecessarily delay somebody's ability to construct when there isn't a real reason to, under either federal or state law, on the

## (r 

## 1 2 3 4 5 6 7 8 9 10 

## .P

12 13 14 15 16 17 18 19 20 21 22 23 85

construction permit side, and get it hung up on the Title V side. Tim mentioned House Enrolled Act 1263. What's not in your Board packet is recommendations on when permits should be made effective, so that law is effective now, so we're going to be making recommendations to the Air Board on what types of permit decisions can be effective immediately, taking into consideration the environmental impact of a project, federal requirements, and the extent of public participation. So, you'll be-- we'll be working on that between now and final adoption. And we'll also be dealing with anything else. There's a number of things that will need to be tidied up, but I think we've hit pretty much all of the major issues. A lot of people have done a lot of work on it, and I'd be willing to either answer questions or defer to Roger Letterman on specific questions regarding the rule or the process or the setup. It's hard

-- to actually walk through the rule would make Janet's walk-through seem brief.

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## (Laughter.) MR. DUBENETZKY: So, once you 86



## would get started in trying to do any kind of a walk-through in the rules, it would be very, very long, but there is a good write-up in your Board packet that summarizes how that works, and

-- but I would be willing to answer any questions you have. CHAIRMAN MINER: All right. Thank you very much. Are there any questions from the Board? (No response.) MR. DUBENETZKY: Okay. Thank you very much. CHAIRMAN MINER: Thank you. Commenters will now be given approximately five minutes to provide testimony. At this time, I would like to call Mr. Hays. MR. HAYS: Thank you, Mr. Chair and Membars of the Board.. My name is Gerry Hays, and I represent the American Automobile Manufacturers Association. I appreciate the opportunity to offer the following comments

## 87

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## 1 concerning the state's minor new source review 2 permitting program. 3 The AAMA is a credit association, whose 4 

## members include General Motors Corporation, Ford 5 Motor Cor'poration and Chrysler Corporation. 6 About 700,000 Americans are directly employed by 7 our member companies in the manufacturing of 8 cars and light trucks, and the jobs of at least 9 1.6 million depend on the car manufacturing 10 industry in general. In Indiana alone, AAMA's 11 

## members operate more than 14 facilities and 12 employ more than 40,000 individuals. 13 First, I would like to thank the 14 Indiana Department of Environmental Management's 15 efforts to retool the state minor new source 16 review program. The agency has held several 17 public meetings in which they have truly 18 listened to the public and taken those concerns 19 into consideration. As a result of the 20 give-and-take process, the agency has taken some 21 bold steps with this rule, including allowing 22 businesses to apply for a permit**~ap** 

## and 23 creating more exemptions to the rule.

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## However, we do believe that the agency -- and I think the agency would agree on this point, that there needs to be some changes to the rule and some additional work. Ths AAMA's primary concern is how the program will meld with the Title V program. As you may know, the state will be approving construction of a project and the construction of the equipment, but will then have to go to EPA to get approval for the operation. But the way the rule reads now, at least as we see it, 

## is that there could be an issue, or it could be misconstrued that we have to go to EPA for both construction and operation. And so, we want to make sure in 

## this rule that it's clear that the state will issue the construction permit and that we will be able to begin construction, and then go to EPA for the operation approval. We are very confident that the state wants to see this the same way, but our concerns are more with Region V and how they would misconstrue the rule, so we just want to make the language very clear.

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## There are some other changes that I won't go into detail today, but we would recommend that the agency hold a few more work group meetings to work out some of these technical issues. Again, we're not opposed to preliminary adoption, and would recommend just additional work before it comes back for final adoption. Thank you very much. Any 89



## CHAIRMAN MINER: Any questions at all?

much. (No response.) CHAIRMAN MINER: Thank you very

Next, I would like to call Mr. Bernie Paul. MR. PAUL: Good afternoon. I'm Bernie Paul. I'm an engineer at Lilly, and I work in the corporate environmental affairs group, responsible for helping our plant sites understand all of the air pollution regulations

we have to deal with and helping them get these permits that we've been talking about.

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## I appreciate the opportunity to be able to testify before you today in support of preliminary adoption of these rules. Lilly is a company whose research and manufacturing operations are characterized by a lot of change at a very fast pace, and it is important for us to be able to make changes without any substantial delay,**wh~ther** 

## that comes from internal or external forces. of interest in these rules. So, we have a lot

We operate, at some of our plant sites, hundreds of small and flexible pieces of equipment, and therefore the NSR rules, or new
source review rules as they're called, substantially affect the way we can do our business if they impose a delay on us. As a ·result, we truly urge you to preliminarily adopt

these rules today. It's

-- something that I want to do before I talk about the specifics of the rules that I like or would like to see some changes made to, I do want to recognize.the tremendous efforts of the staff. I know that Felicia,, 

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mentioned their names before, but I don't think enough can be said about the work that Paul Dubenetzky and Roger Letterman have put in this. It is a humongous, complex rule, and very, very noteworthy that they put so much time and effort into seeing this rule changed, and I know there have probably been other folks on the staff who

were involved in it and they weren't as visible and Roger and Paul in this effort, so I apologize to them for not mentioning their

names. I also want to recognize the Office of Air Management for again utilizing the open external work group process to come up with ideas for changing these rules. I think this is

a very effective mechanism for good rulemaking, when you look for ideas from people who have interest in what's going to happen with a rule, the way it works, and they may bring practical experience or other concerns that they have about a program to the table, it makes it a lot easier to work out those issues before we come to the Board with disagreements and so forth, so

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## I encourage the agency to use this process as much as possible, especially for the larger and

more complex rulemakings they have to go through. Lilly was involved with a joint Indiana Chamber/Indiana Manufacturers Association work group that looked at the existing construction permitting rules that were in Indiana, and we made recommendations to the agency for how to change it. We submitted those to the agency about a year ago, and I'd like to just hit the highlights of what those recommendations were. First of all, we suggested that the rules need to be simplified so that it's easier for a person working at a company to figure out whether or not they need to get a permit and what kind of permit they need to get. We also recommended that the rules be streamlined so that the permit review process better matches the significance of the project, and Felicia talked about that, and Paul talked a great deal about that. We suggested that it was probably a

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good time to make a better attempt at integrating the longstanding state construction permit program with federal permitting programs that have been imposed on the stat& over the last 15 or 20 years, and I'm talking about the fSD 

## program and the Title V program in particular. By doing that, you make people's liVes a little bit easier because you can simplify some of the rules a little bit better, make them less confusing, and you also take better steps toward preventing duplication and overlap of effort. Lastly, we recommended that the rules include innovative permitting concepts that will I 

## promote more operational flexibility at companies, that will allow them to make changes faster without having any,decrease in environmental protection. Although the rule package before you doesn't fully achieve all of those objectives the way we had envisioned them, I think that this is a very, very good start, and it's our hope that during the time between preliminary**,~** 

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## adoption and final adoption, that the remaining issues will be able to be worked out through either external work group meetings or more informal meetings with the staff. I'd like to point out a few examples where the proposed rules are a great improvement

over the existing ones. The proposed restructuring of the rules, which Paul mentioned, that added to the bulk of the rules a great deal, is, once people get used to them, going to be better. I think it will be easier for people to say, "I am a Title V source, so all I have to do is go back and look into Article II, Rule 7 for all of the requirements that apply to me for construction and operation." So, that will be helpful, and it will just take time for people to get used to it. 

## There are some additional things that

can be done to those provisions to make them

more streamlined, and we've talked to the staff about that already and they seem comfortable with dealing with those issues as we go along.

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## One of the biggest improvements in these rules are the emission cap and advance approval procedures that have been mentioned before. We think that emission caps are a concept that allow the agency to kind of go away from the cookie-cutter approach to permitting, where everybody gets treated the same, to giving the agency and the source an opportunity to work out what are the permit review processes that make most sense for this particular source. And the emission cap is one that probably you'll hear most about, where people

can make lots of different types of changes without much review from the agency, because their requirements will be spelled out in pretty much detail in the permit, and because their emissions will have to remain below a certain level, so there wouldn't be any increase in

-- or any decrease in their quality. In addition, Lilly also supports the proposed requirement that a source need only notify the agency when they're adding equipment that is already listed and described to the hilt

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## in the permit, and also those types of changes where the regulations are very, very clear with the requirements, and the agency's review wouldn't add anything else. We think those are big improvements to the rule. Although I've spoken fairly glowingly about the rule so far, I don't want to leave you with the impression that there are no remaining lSSUes. 

## Lilly has concerns about the applications that will be required for Title V

sources. The way the rule is structured right now, those applications to get a construction approval would have to be signed by what is 

## called a responsible company official, and that is a term that is 

## used in the Title V permit program. For some companies, like Lilly, that is

a very, very high-ranking official within the company, and these guys aren't always in the United States, and that could cause us to have delays in submitting applications when we're ready to submit them at the plant site and we've got to get the responsible official's signature

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## and he's in Europe and he's going to be there for two weeks. So, we'd like to be able to work with the staff to resolve that issue. We're also concerned about the broad discretion that the agency has in the rule to establish compliance monitoring terms in the permits. We believe there should be language in the rule to create some limitations on this authority. The kinds of things we're suggesting is that the cost of the monitoring be evaluated, whether there are alternative monitoring methods available, simple things like that. We may not be able to solve all of the·· issues that the new rules raise in the short time that we have left before final adoption, and I guess one thing I wanted to point out about this is that it's easy to get caught up in the details of a rule that is so complex, and those of us who have been involved in working with the staff on this have found sometimes that

our purposes are working across each other; we're trying to simplify things and streamline them, but sometimes they don't actually go hand

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## in hand, they work against each other. Paul talked about that a little bit

.. I think

More often than not, the rules end up with all kinds of complicated categories and exemptions and exclusions to exemptions, and that leads to examples where a newly constructed plant site could fall under one of six different categories and that an existing plant site might fall into one of seven different categories. So, these types of complexities result from just trying to streamline the rules and treat people the way you think they ought to be treated, but it makes things more complex. I think, as we head into the last few months before final adoption, I would like to

see OAM and the external work group focus their efforts just a little bit harder on seeing if we
can find more opportunities for streamlining the rules without**gi~ing** 

## up any additional operational flexibility. I'd like to conclude these comments by again thanking the staff for the tremendous effort they've put forth in this rulemaking, and

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## again, I urge you to preliminarily adopt today. CHAIRMAN MINER: Thank you. Any questions from the Board? (No response.) CHAIRMAN MINER: Now I'd like to call Blake Jeffery. Mr. Jeffery? MR. JEFFERY: Thank you, 99



## Mr. Chairman and Members of the Board. My name is Blake Jeffery, and I'm the Director of Environmental Affairs at the Indiana Manufacturers Association, and I'll be somewhat

more brief than Bernie. what he said. I think I can just echo

We, too, want to stand up and heap lots of praise on the agency. This has been another positive work group process, and I talked about how complex the rules are. I don't think we have any rules that aren't complex anymore, and

so they all kind of require this type of process, but this one seems to have produced a result that everyone can buy into and feel pretty good about; lots of positive things: The emission caps, the notice only process, the list

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## of exemptions. But we concur with Bernie, and you'll hear from some other folks, too, that there are still some issues that we'd like to talk about, which is no**surpris~;** 

## nothing ever seems to be completely put to bed. But we would like to see the rules simplified a little bit further, if we
can. We recognize that it's going to be a challenge, but we're hopeful and we expect, consistent with the way the agency has handled this rule anyways, they will be very open to continue to talk with us before this rule is final adopted

. So, with that, we do support preliminary adoption, and I appreciate your support of the rule as well. CHAIRMAN MINER: Thank you. Are there any questions at this time? (No response.) CHAIRMAN MINER: Thank you. I have no other cards at the moment. Is there any anyone else who would like to testify on this draft rule? Thank you.

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## MR. GRIFFIN: Thank you. I'm Vince Griffin. I'm Director of Energy and Environmental Policy for the State Chamber, and I appreciate this opportunity to speak with you today representing our 5,000-plus members of the Chamber, and I'll echo some more of the platitudes that you've heard before. A great philosopher once said, ''Repetition is the mother of learning," so when I get finished, you'll-- we'll learn this quite well. My comments will be very brief. The Chamber commends IDEM for using a work group made up of interested and affected parties to allow for an open discussion on the rule. While

we support the concept of emission caps and the notice only provisions, the NSR has not been substantially reformed. While there are more rules and more details, there have been too few substantial changes. One of the goals of the work group was to streamline the process and reduce the agency workload, which I'm sure we would all support, but these rules will indeed be a challenge.

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In closing

-- I told you they'd be brief

-- the Chamber supports the continued interactive and open work group process, and while some progress has been made, I'm sure we
can**d~** 

## better as we continue along this road, and we do support the preliminary adoption.

much. Thank you. CHAIRMAN MINER:

Any questions at all? (No response.) CHAIRMAN MINER: Thank you very

If there are no other commenters, this hearing for preliminary adoption of amendments to 326 IAC 1 and 326 IAC 2, Minor New Source Review Program, is now concluded. Board action on preliminary adoption of amendments to 326 IAC 1 and 326 IAC 2, Minor New Source Review Program, is there any Board discussion, questions to the staff, at this time? MR. EWING: In reading the

-- actually the earlier fact sheet about the sinter. 

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plant, I learned something about a person. I understand that a person is 

## a corporation, and here I see a person is a source. When it says "affected persons,• presumably it also means individuals that are affected by the rulemaking. I wonder, in this rulemaking, if it affects the hazardous air pollution load on a community or the VOC load on a community or any of that. Shouldn't this come into our consideration of the rulemaking? MR. METHOD: I mean the purposes of the permit rule itself are to put bounds on any new increases of hazardous air 

## pollutants, volatile organic compounds, all of the different pollutants that are regulated by the permit programs. The purpose of the permit program is not necessarily to identify the specific

measures that an area may need to meet clean air standards or keep exposure to hazardous air pollutants to acceptable levels. It's a piece of a program to do just that, so the permit program is a piece of the puzzle to make the air clean in Indianapolis or make the air clean in

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## Lake County, but it can't do it by itself. MR. EWING: Yeah, but in

-- for example, in Lake and Porter County, which have

an enormous load of VOC's, even with the rule we just approved, enormous loads, are there a number of minor new sources in this region that

are contributed to this problem that we should be worried about, or not? MR. METHOD: The thresholds for what type of requirements would apply, even with increased emissions of VOC's in Lake and Porter

are very low relative to the rest of the state
. There already MR. EWING: So, they're gauged? MR. METHOD: Right. The previous rule, actually a federal rule, that this Board adopted, makes it

-- makes those cutoffs very low.

discussion? CHAIRMAN MINER: Any other

(No response.) CHAIRMAN MINER: I would so move, then, for

-- accept a motion for preliminary

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adoption of the amendments to the rule 326 IAC 1 and IAC 2. MR. BOWE: So moved. MR. EWING: Second. CHAIRMAN MINER: Mr. Bowe moved. Mr. Ewing seconds. We'll accept a voice vote for this. All those in favor, say aye. MR

. STALEY: Aye. MR. EWING: Aye. MR

. BACONE: Aye. MR. BOWE: Aye. MR. WHEATON: Aye. MR. ROGERS: Aye. MR. HARMON: Aye. CHAIRMAN MINER: All opposed, nay. (No response.) CHAIRMAN MINER: This motion is moved unanimously. The public hearing for preliminary adoption of amendments to 326 IAC 6-1-9, Particulate Emission Limits for Forest Products Manufacturing Company, Incorporated; Styline Industries, Plant No. 8; and Jasper Wood

## 138
,·1 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 7 

## me on Wednesday, March 4, 1998 in this matter 8 

## and**trans~ribed** 

## by me. 9 10

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## 12 

## Notary Public in and 13 

## for the State of Indiana. 14 15 

## My Commission expires October 27, 2000

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### (I

March 4, 1998 Mr. David Rariden 

## Eli Lilly and Company Lilly Corporate Center Indianapolis, Indiana 46285 (317) 276-2000



### Chairman, Indiana Air Pollution Control Board IndianaDepartment ofEnvironmental Management· 100 North Senate Avenue PO Box 6015 Indianapolis, Indiana46206-6015 RE: Testimony ofEli Lilly and Company March 4, 1998 AirPollution Control BoardMeeting New Source Review Permitting Rules (#96-1 APCB) Dear Chairman Rariden: Eli Lilly and Company (Lilly) appreciates the opportunity to testify in support ofthe proposed rules to overhaul the minor new source review program in Indiana. Lilly is a company whose research and manufacturing operations are fast-paced and changeable. Wemake many different products in our equipment, and it is crucial to be able to make changes with minimal delay. Our plant sites operate with hundreds ofpieces ofrelatively small, flexible equipment. Because of these characteristics, the new source review program is one ofthe most significant environmental regulations affecting our operations. As a result, Lilly urges you to preliminarily adopt the proposedrules affecting the new source review program. I think it is important to recognize the performance ofthe staffofthe Office ofAir Management in this rulemaking process. First, the staffmost involved in writing the rule language and analyzing hundreds ofcomments they received has putforth a tremendous effort to bring this rule before you today. New source review is perhaps the most complex part ofimplementing the Clean AirAct, and the staffhas committed to make it better. Second, the staff should be recognized for providing ample opportunity for all stakeholders to provide input into their decisions. Between September and the middle ofFebruary the staff organized and led seven public meetings with interested parties. In all ofthese meetings the staff listened to the concerns ofthose attending the meetings. These meetings were an excellent opportunity for the staffand interested parties to discuss ideas in greater detail and to explore questions and issues more fully. Theresult is a rule that I believe mostinterested parties will support. Lilly was involved with ajointIndiana Chamber ofCommerce (the Chamber) and Indiana Manufacturers Association (the IMA) work group that made recommendations to IDEM for reforming the minor new source review program. That group made several detailed recommendations which fell into one offour categories. ThejointChamber/IMA group generally recommended the following:'

### ,'•( 

### Mr. David Rariden March 4, 1997 Page 2

• Simplify the rules to make iteasiertounderstand when you need to get a permit and what kind ofpermit you need to get. • Streamline the permitreview process so thatthe amount ofagency review matches the environmental significance ofthe project. In 

### other words, have less review for little projects and more review for bigprojects. • Integrate the state permittingprogram with federal permitting programs such as PSD and Title V. This will eliminate inconsistencies that confusepeople. More importantly, it can reduce overlap and redundancies in the two levels ofpermitting programs. • Develop innovative permittingprocesses to increase the operational flexibility ofsources without reducing environmental protection. Although the rule packagebefore you does not fully achieve all ofthose objectives, itis an excellent start. It

### is Lilly's hope that during the time between preliminary adoption and final adoption the agency and the external work group will be able to find more streamlining and simplification in the rule. I would like to point out a few examples ofwhere the proposed rules are great improvements over the current rules. The proposedrestructuring ofthe rules, once everybody gets used to them, should make it easier for people to find all the permitting requirements that apply to them. There are some additional things that canbe done, such as combining all the new source and existing source requirements for a particular source type into one rule. One ofbiggestimprovements in these rules are the emission cap and advance approval provisions. These innovative permitting concepts enable the agency and the source to eliminate the cookie cutter approach normally found in regulations and tailor permitting requirements to unique characteristics ofthe source. Emission caps allow companies to make changes and add equipment without permitting delay, as long as the company demonstrates that actual emissions from a defined area do not exceed a set emission rate. Advance approvals allow the agency and the staffto define the level ofreview necessary for changes the source can anticipate it will make over the life ofthe permit. In addition, Lilly supports the proposedrequirement that the source need only notify the agency when adding equipment that will be subjectto requirements already spelled out in the source's operatingpermit. We also supportthe notice only requirement for equipment subject to welldefined requirements such as some ofthe federal MACT standards, NSPS rules and state RACT rules. Although I have spoken glowingly about the rule thus far, I do not wantto leave you with the impression that there are no remaining issues. Lilly has concerns about the applications required to obtain a modification approval for Title V sources. As written, applications submitted by some ofour plant sites would have to be signed by very high ranking officials ofthe company. The availability of these people, even their presence in this country, is often limited. Itcould cause delays in submitting applications. We are also concerned about the broad discretion the agency is provided by these rules to impose compliance monitoring terms. Lilly believes there should be language in the rule to create some limitations on this discretion. Forexample, the rules should require the agency to consider the

### (( 

### Mr. David Rariden March 4, 1997 Page 3
cost ofany monitoring, whether there are Jess costly alternatives that achieve similarresults, and otherfactors. There is still time before final adoption to work through some ofthese issues. We may notbe able to solve all the issues these new rules raise in the shorttime frame we have left. Sometimes itis easy to get caught up in the details of such complexregulations, and those ofus involved in this rulemaking have found that efforts to streamline and simplify rules often run counter to each other. More often than not the rules end up with all sorts ofcomplicated categories, exemptions, exclusions to the exemptions, and so forth. Forexample, a newly constructedplant site can fall into one ofsix different categories ofpermit reviews or exemptions. Likewise, a source operating today will fall under one ofseven different categories. As we head into the last few months before final adoption, I'd like to see OAM and the external work group focus its energy on finding more ways to simplify the rules without sacrificing flexibility. I'd like to conclude these comments by again thanking the staffat OAM for their efforts so far. The results of their work is aproposed rule that in many caseS will shorten the permit approval period. ForLilly and most other Indiana companies, this is welcome news. Sincerely, 

# ( //2?c jJ

ELILILLY AND COMPANY BerniePaul Technical Group Leader, AirProgram Environmental Affairs Division